Commission Decision (EU) 2015/1587 of 7 May 2015 on the State aid SA.35546 (2013/C) (ex 2012/NN) implemented by Portugal for Estaleiros Navais de Viana do Castelo S.A. (notified under document C(2015) 3036) (Text with EEA relevance)

1 The comfort letters dated 8 January 2007 and 26 June 2008 do not constitute State aid within the meaning of Article 107(1) TFEU.

2 The State aid contained in the shipbuilding subsidies corresponding to contracts C224 and C225 (amounting to EUR 5350550) is compatible with the internal market.

3 The State aid referred to in the table below, unlawfully put into effect by Portugal in breach of Article 108(3) of the Treaty on the Functioning of the European Union, is incompatible with the internal market. DateMeasureAmount11 May 20062006 capital increase248750002012/20132012 and 2013 loans101118066,03 (i) 31 January 2006 (ii) 11 December 2008 (iii) 28 April 2010 (iv) 27 April 2011 DGTF loans (i) 30000000 (ii) 8000000 (iii) 5000000 (iv) 13000000 29 November 2011Comfort letters for a loan granted by BCP9900003 November 2011Comfort letter for a loan granted by BCP40000030 September 2010Comfort letter for a loan granted by BCP1250000031 August 2010Comfort letters for two standby letters of credit issued by CGD1289000024 June 2010Comfort letter for a loan granted by BCP500000025 November 2009Comfort letter for revolving loan by CGD150000007 September 2009Comfort letter for revolving loan by BES4500000—Shipbuilding subsidies (contracts C212, C213, C214 and C223)10482374,01—Shipbuilding subsidies (contracts C206, C211, C217, C218, C219, C220, C221 and C222)11279009,01—Aid for professional training 2005-200625779123 December 2009Loan for the Atlântida vessel37000000

1 Portugal shall recover the incompatible aid referred to in paragraph 2 of Article 1 from the beneficiary (including, where applicable, the interests accrued and not paid by ENVC), with the exception of the shipbuilding subsidies linked to contracts C206, C211, C217, C218, C219, C220, C221 and C222 (for an overall amount of EUR 11279009,01) for them being subject to the 10-year limitation period laid down in Article 15 of Regulation (EC) No 659/1999.

2 Such recovery of incompatible State aid shall not concern WestSea.

3 The sums to be recovered shall bear interest from the date on which they were put at the disposal of the beneficiary until their actual recovery.

4 The interest shall be calculated on a compound basis in accordance with Chapter V of Commission Regulation (EC) No 794/2004 , and to Commission Regulation (EC) No 271/2008 amending Regulation (EC) No 794/2004.

5 Portugal shall cancel all outstanding payments of aid, if any, with effect from the date of adoption of this decision.

1 Recovery of the aid referred to in paragraph 2 of Article 1 shall be immediate and effective.

2 Portugal shall ensure that this Decision is implemented within four months following the date of notification of this Decision.

1 Within two months following notification of this Decision, Portugal shall submit the following information: (a) the total amount (principal and recovery interests) to be recovered from each beneficiary; (b) a detailed description of the measures already taken and planned to comply with this Decision; (c) documents demonstrating that the beneficiary has been ordered to repay the aid.

2 Portugal shall keep the Commission informed of the progress of the national measures taken to implement this Decision until recovery of the aid referred to in paragraph 2 of Article 1 has been completed. It shall immediately submit, on simple request by the Commission, information on the measures already taken and planned to comply with this Decision. It shall also provide detailed information concerning the amounts of aid and recovery interest already recovered from the beneficiaries.

This Decision is addressed to Portugal.