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RIVISTA DI DIRITTO TRIBUTARIO INTERNAZIONALE - Rdti.it

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Se::.imle 1\: - Appllnri e rassegne<br />

- Training: \\:hereas vocational and academic training is exempted<br />

from State Aid regimes, aid may be granted ror on board training of EC<br />

scafarel's on board of EC l'egistel'ed vessels. Exceptionally, training of EC<br />

seafarers on board other vessels may be supportcd ",here justified by exceptional<br />

cr<strong>it</strong>eria. such as the lack of available places on vcssels in a<br />

Mcmbcr State's register.<br />

Investment aid for ne\v ships must respect the l'elevant EU Directives<br />

or any other Commun<strong>it</strong>y lcgislation that wilI replace them. In certain<br />

restricted circurnstances aid may be perm<strong>it</strong>ted to improve equipment<br />

on board of EC registered vesseIs or to promote the use of safe<br />

and clean ships.<br />

Far regional aids and restmctuting aid the EU generaI mles "ill apply.<br />

Public sen'ice obligations and contracts have received specific attention<br />

taking into account their specific nature and the importance of services<br />

to peripheral regions. This \Vill be dealt w<strong>it</strong>h on the basis of the usual<br />

public senice comm<strong>it</strong>ment rules/alTangements.<br />

The Commission has abandoned the previous complex and hypothetical<br />

calculation of ceilings to aid (Sate Aid Guidelines of 1989) and<br />

introduced a straight f01ì\'ard alld transparel1l ceiling of zero taxation and<br />

social charges {or seafarers alld o{ c01porate taxation or shipping aClivi/ies<br />

as the maxinlunl level of aid 'whicll i5 permiued. i 39<br />

The State Aid Guidelines became effective as from 5 July 1997 the date<br />

of their pubication in the Official Joumal of the European Commun<strong>it</strong>y. (9)<br />

ECSA (representing the shipowners of the EU and :-.Jor\Vay) welcomed<br />

the new Guidelines as a generally dear, balanced and acceptable approach<br />

to a complicated issue. The new Guidelines are flexible in that they take<br />

into account the velV differcnt structures and characteristics to be found<br />

in Member States. They also recognise the global character of shipping<br />

and ha\'e effective safeguards against excesses and are in compliance w<strong>it</strong>h<br />

international obligations and interllationally agl'eed yardsticks.<br />

ECSA expresscd the hope that they will act as an incentive for EU<br />

Member States to take action as appropriate to maintain a healthy European<br />

Shipping Industrv and the essential mar<strong>it</strong>ime know-ho\\'.<br />

The application of the t 997 State Aids Guidelines<br />

Since the date of introduction of the State Aid Guidelines on 5 July<br />

1997 the pos<strong>it</strong>ion in EU Member States and Nonvay in respect of the in-<br />

(9) See note 8.<br />

<strong>RIVISTA</strong> <strong>DI</strong> DlRITIO 1RIBlT\RIO I:-'--TERNAZIO:-'--ALE 3i2001

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