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Brussels queries the government's approach on shipyards

The European Commission is questioning the government's plans to write off Malta Shipyards' losses through public funds so that the new operator can start off with a clean slate when the 'yards are privatised next year.

"Strictly speaking, the striking-off of the company's losses constitutes direct state aid and we are still not sure whether this is legal and according to EU Competition rules," Commission sources have told The Times.

European Competition Commissioner Neelie Kroes will next month hold talks with the government aimed at wrapping up discussions between Brussels and the government over the privatisation.

"The Maltese government has submitted to us all its plans and we have already had a very fruitful series of discussions. However, we need more clarifications and that is why Commissioner Kroes will be coming over. She wants to clear the air and try to reach some kind of agreement on the way forward of this privatisation process," the sources said.

The Times has learnt that Ms Kroes has scheduled two days of meetings in Malta between September 10 and 11 which will focus entirely on the shipyards' privatisation process. The main bilateral meetings will be held with Prime Minister Lawrence Gonzi and Finance Minister Tonio Fenech.

Sources in Brussels said that although the Commission is looking positively at the government's decision to privatise the state-owned shipyards, the Commission has concerns over how the government plans to write off the €100 million of losses expected to be registered by the company by the end of this year.

According to a pre-accession agreement between the EU and Malta, further state aid to the ailing company is illegal post-2008.

However, the government is insisting on a one-time concession by the EU in order to be able to fork out these losses through public funds thus providing the new operator with a clean balance sheet.

The EU sources said that one of the alternatives being suggested by Brussels is that the government declares Malta Shipyards bankrupt and starts a process of liquidation.

"This will mean that the eventual new owners/managers of the shipyards would need to register a new company to manage the facility and still start afresh. This will also mean that the government would not need to fork out any money and give out more subsidies. However, the government is still resisting this idea," the EU sources said while explaining that liquidation is the natural and normal way of wrapping up commercial companies when these are making heavy losses.

Contacted by The Times, Finance Minister Tonio Fenech confirmed the Commission had made the suggestion but said that the government does not agree that it should follow this path.

"At this stage I prefer not to comment further as these are very sensitive discussions," Mr Fenech said citing the upcoming discussions with Commissioner Kroes.

"Although it is true that the government has the option of liquidating the company we are choosing to go along a different path particularly in the interest of the shipyard's current workforce. I hope that the EU also understands our position," he said.

According to company law, if Malta Shipyards Ltd is declared bankrupt by its shareholder (the government) and a liquidation process is started, the government will not need to write off any of the company's losses, thus saving €100 million. At the same time, however, the workers would not be entitled to any retirement schemes as they would be made redundant through normal channels.

Meanwhile, no direct talks took place yesterday between the government and the General Workers Union over the privatisation of the shipyards, a spokesman of the Finance Ministry told The Times.

However, the mediation efforts by a so far unnamed mediator, who stepped in on Monday, continued.

The government and the GWU are at loggerheads over the privatisation process with the former wanting to downsize the company to a workforce of 700 employees from the current 1,600 by offering early retirement schemes. The GWU is insisting on guaranteed employment for those who do not opt for early retirement, something the government has ruled out.

Instead the government has offered to "fine tune" the retirement packages, something it says may be achieved in the talks.

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Comments

Jeremy J Camilleri (on 21/8/08)
Grace and John....The two Saliba's!

Related I wonder?

They surely have the same blind faith in their leader which blinds them to any form of reason or dialogue....

The "Dr.Gonzi will do it no matter syndrome is very similar to the Mintoffjani's blind allegiance to Mintoff in his days....

Are they Mintoffjani in disguise I wonder.....
joseph ellul (on 21/8/08)
Australia needs tradesmen. Lots of them. Send them over. I will assure them that they will earn a lot of money and can return back to Malta in time to retire in style. Do as I did , or are you afraid of doing some real work. Just leave your sorry politics in Malta.
wally vella-zarb (on 21/8/08)
Grace Saliba
"Wally wanted to avail himself of the generous severance packages being offered by the company during a period of downsizing. Does this ring a bell, Mr. Vella Zarb?"

I have no Idea what you are on about; I have been comfortably retired for close to five years now, enjoying my sailing, thank you very much!

I am now waiting to see if my reply to John Saliba will ever make it to this virtual page.
wally vella-zarb (on 21/8/08)
Mr Saliba, please read carefully what I wrote. "the pro-British faction composed largely of Mabel Strickland's PCP and Herbert Ganado's (church-backed) party". Two separate factors.
There is no doubt (I hope?) that the PCP was, if anything, more British than Britain.
Dr Ganado was uneasy on several counts. His leader Borg Olivier was moving towards a break with Britain and, in Ganado's eyes, was being too passive with Mintoff. Borg Olivier talked about a "Quasi-Dominion Status"; Mintoff wanted a total break, arguing that since they didn't want us equal to them (the rejection of the integration referendum) it would be better for Malta to strike out on our own. Then there was the fear (shared by Ganado) that Mintoff would escalate his challenge to the church establishment, with the attendant (perceived) risk of rising Communism in Malta. The Labour government of the fifties was even openly criticised in churches for buying sugar from the Soviet Union - as if that made any difference to the taste!
The PDN, the 'umbrella' and the dnub il-mejjet were an effort to prevent this happenning. Successful in 1962, it would have been a non-starter had there been an election in 1958.
John Saliba (on 21/8/08)
Goodness gracious me, Cris Borg does not know that Canada and Austalian still maintain their Dominion Status. Does he think that they are still British colonies? This shows that he does not know what he is talking about and that makes me conclude that he is a socialist.
Jeremy J Camilleri (on 20/8/08)
Was'nt the subject the European Commision's views?

Lost again are we?
Chris Borg (on 20/8/08)
@ John Saliba, MLP started campaining for independence soon after the 1958 resignation. PN just wanted Dominion-Status
Grace Saliba (on 20/8/08)
In 'What did Wally do' Wally wanted to avail himself of the generous severance packages being offered by the company during a period of downsizing. Does this ring a bell, Mr. Vella Zarb? But no matter what Wally's new hero does, the Nationalist Government will privatize the shipyards. At the end of the day Mr. Undecided can stay on the fence, Dr. Gonzi will be there - he will make sure that the yard will not be a burden on the nation no more.
John Saliba (on 20/8/08)
Mr.Vella Zarb. Where did you come up with the idea that Dr. Herbert Ganado formed part of a pro British faction. How could one even dream that such a patriot, who was even exiled by the British colonial authorities for his beliefs, be anything but a nationalist. By the way your story about Dr. Ganado does not hold at all, Dr. Ganado formed his Partit Demokratiku Nazzjonalista in 1962. Your story is a fabrication. Why did Mintoff resign, Mr. Vella Zarb? Sometines the socialists say that they resigned because the integration proposal failed, on other occasions they say that its because they wanted self determination (not independence) and occasionally they say it was because of a financial dispute with the British Government.

But let's forget the past; the issue is: "Is Joseph going to stay on the fence or is he going to support the Maltese Government". Mind you, we do not need his support. We attained independence with Mintoff objecting to the constitution, we joined the EU with Sant fighting membership tooth and nail. We will persevere and will privatize the shipyards with or without (the future Hon.) Dr. Joseph Muscat's backing..
Jeremy J Camilleri (on 20/8/08)
Gerard Mangion...

Your knowledge of this particular subject is legendary...

your insight and wisdom, and the way you analysed this article brings shame to us all...

Prosit....

Ps did you mean balcony?
A Daley (on 20/8/08)
@John Saliba

"the shipyards have been a problem ever since Britain passed the problem to us. So much so that Mintoff ran away from the problem and resigned in 1958." - unquote.

My dear chap, have a few whiskies to drum your sorrows and keep them to yourself.

Gerad Mangion (on 20/8/08)
Stop telling joe to get off the Fence ok.

he will do Better if he comes down from the GALERIJJA and be a practical leader at leat for once .
wally vella-zarb (on 20/8/08)
@John Saliba

"the shipyards have been a problem ever since Britain passed the problem to us. So much so that Mintoff ran away from the problem and resigned in 1958."

Are you proposing to rewrite history, sir?

When Mintoff resigned in 1958, it was not a case of running away. Far from it! Since Borg Olivier, quite rightly, refused to form an alternative government under the circumstances that were then extant, governor Laycock should have called for a general election. This would have demonstrated to Britain the backing that the PN and the MLP had between them - both wanted severance from Britain - compared to the pro-British faction composed largely of Mabel Strickland's PCP and Herbert Ganado's (church-backed) party. Fully aware of the inevitable outcome, Laycock promptly suspended the constitution and we were placed under colonial rule until 1962.

I suggest that instead of reading comic books you get yourself a copy of Professor Joe Pirotta's excellent book "Fortress Colony - the final years 1945-1964". Just in case you do not know, Prof Pirotta is not an MLP delegate, apologist, elf, or whatever epithet is commonly bandied about in these comments.
Jeremy J Camilleri (on 20/8/08)
Monsinjur Saliba telling others to get off the fence?

Talk about the pot calling the kettle black?

il qah"" milli jkollha ttik etc etc....

He then reminds Mr.Daley that the issue is the shipyards...but only after a ranting tirade, in which he brings up subjects like the MLP C.O., hunters(lets all forget the written promises a?), and the MLP general secretary....

Eh..In his own words of wisdom...wasn't the issue the shipyards?

As for the holy Jfarrugia...he loves calling Joseph Joe doesn't he?

I wonder if his beloved Gonzi is really Wenz,if the New Edward FA, is still Eddie, his excellency the Archbishop Pawlu...etc...

One can never tell..he does think in strange strange ways....

As for the issue at hand, to be honest, I am foursquare behind the Government on this issue, however, it is rather worrying when one notes that the people responsible for negotiating our EU packet, have been proven repeatedely, that they do not really know what they did negotiate on our behalf.

Spring Hunting, Departure tax, this issue etc. Either an incompetent or misleading bunch aren't they?

I know 16 year olds(get it?) who already have a better grasp of the EU than our enlightened elites....
Pierre Agius (on 20/8/08)
Why does everything have to be politicised? Truth is the Dry Docks are bankrupt and we Maltese have pumped millions to assist it. The only way forward is privateisation. PN, MLP, Govewrnment agree. Thus Malta in general agrees. Cant we for once, for the record pull the same rope? This is in our national interest. On the other hand EU Commissioner Kroes is coming to Malta. We are Europeans but we are not the lap dog of the Commission. We play by the rules of the EU just as much as the bigger countries do. All for one and one for all - one Malta. Last word for the administration. The Dock workers are also Maltese. They may have not been entirely faithful to teh Yard but they have families - give them the best possible deal. Give them a chance to start all over again.
I Abela (on 20/8/08)
@ All PN apologists - Just a reminder of how pathetic you are - A few weeks ago you were all agreeing with the privatisation, mainly because you all said that it is not fair to spend more on subsidies and that the yard workers should receive the same treatment as all other workers in bankrupt companies, ie a kick in the butt and out you go. Now the EU agreed with you too. No more subsidies, and all workers off you go. But PN didn't agree, so all of you, in one synchronised chorus, have now changed your mind and are saying that we need to pump another 100 million in subsidies and pay the workers for staying home. Don't you have a mind of your own? Can't you just stick with your very own personal opinion on the matter?
Mary Grace Mallia (on 20/8/08)
I may be slightly biased as i have been against Malta in the EU since the beginning but come on. Can't you see what is happening? The EU does not care at all about the workers, they are just statistics to them. All they want is money money money. The gov. has made a somewhat decent proposal for redundancy pay, but the EU objects. My fear is that as Malta is a small (TINY) fish in a big pond, we are not strong enough to fight the big boys and then the workers will loose out. They still loose their jobs but will also be dirt poor in the process. The EU membership is just not working in our favor as was promised before the referendum.
Gavril Flores (on 20/8/08)
I am not an mlp apologetic, but I am wondering why these comments are asking for JM to stand up. In this case mlp offered a common front, so I ask..."who put the fence in the first place?".

On the other hand at this stage I agree with the gov not to declare the shipyards bankrupt. But if we go for this option, I think the gov can do a contingency plan to have these people back into workforce immediatly. Maybe a small fraction of the 100m can be used for workforce training as for them to be able to get back in the workforce following liquidation. between sept and dec) One can also create a retirment fund at ETC for workers that were redundant (and giving these to shipyards staff), thus not giving the money through shipyards and avoiding 'official' financial aid and at the same time having into consideration the workers and their families. Obviosly these ideas need more thought...
A Camileri (on 20/8/08)
@ Daley

I thought you were in favour of the Drydocks workers! If the governmetn won't do this then all the 1600 workers at MDC will loose their employment. Who will buy a comapny with a financial loss of 100 million Euros to pay?

Is this what you really want Mr Daley? Mela issa nsejtom il-haddiema msieken????

btw.... are you a maltese citizen after all? and do you have a vote? I wonder.....

Or are you an elf? ;) Your sarcastic tone is so pathetic.... Malta changed!
John Saliba (on 20/8/08)
A. Daley must be an MLP delegate. His thinking is so illogical; so much so I am convinced that he voted for Jason. Shame, poor Dr.Joseph Muscat, now he to appoint a CEO to keep Jason under control. I really cannot understand what Mr. Daley was trying to say. Does he know that the issue is the shipyards and that Brussels want us to put it in liquidation? Please, before any of you start complaining about our EU membership. Dear old Joseph has declared that he is foursquare behind EU membership. He also told the hunters union that the MLP will adhere to all EU laws.
A Daley (on 20/8/08)
No subsidies for Air Malta, Enemalta, Bread, Electricity, Water etc - - - but, -- -- --

Who cares what the EU says.

Who cares what we signed for.

We are PN.

We have done this before at the Dry Docks to be viable, but didn’t work.

We are arrogant.

We are non law abiding and therefore we do as we wish, as we have always done.

Sod the democratic processes and regulations.

Judge us by what we do and not what we say, was the saying pre election time!

Lovely - - Lovely!

Taste the difference!
John Saliba (on 20/8/08)
For your information, Mr. J. Sultana, the shipyards have been a problem ever since Britain passed the problem to us. So much so that Mintoff ran away from the problem and resigned in 1958. It has been a white elephant ever since. All governments that followed, Nationalists or Socialists, have tried their best to preserve the yards... but to no avail. Let's stop blaming this or that government. In 1958 it was a scary problem as practically a third of the Maltese workforce worked there. The numbers have been reduced over the years and now it employs just about the same numbers as some of the ex textile industries that we had.

This nation must unite in ensuring that the shipyards workers are shown dignity. Minister Fenech expressed such sentiments by offering retirement schemes instead of retrenchment letters. My question remains. Does Dr. Joseph Muscat support this gesture? Is he prepared to advise the GWU to do the same? Where does he stand? He must accept the responsibility that he carries as leader of Malta's alternative government. He must either support the government on this issue or come with alternative concrete proposals. Does this make sense,Mr. Sultana?
J Farrugia (on 20/8/08)
No, Joe has nothing to do with these . In the same argument he just took the benefits and that's that. And what benefits!. No sir, Joe is now the Leader of the MLP and very soon of the Opposition. So he has to tackle this sbject and takle it he must NOW.
James Sultana (on 20/8/08)
@J. Saliba:

And why should Joe (as you conveniently call him) get off the fence ??

Was Joe the one who negiotiated the EU accession treaty with these conditions ?
Was Joe the one that a few years back was convinced that with 1600 workers the shipyards would be profitable ? (a smokescreen because that was the maximum amount of workers that could keep the yards within the man-hours limit for subsidies, so he kept the others paid by the govt but on other wage accounts)
Was Joe the one that knew of the December 2008 deadline but did not take any action before for the fear of losing the elections ?

NO... Joe had nothing to do with these.... so why should he get off the fence ?? If anything, one person who SHOULD get off the fence is RICHIE .. the one we pay to be our permanent representative in Brussels, who was chief negotiator for the accesion treaty, who spent a lot of money on a building which is still empty ... and yet spends most of the time pulling the strings and directing the orchestra of his Malta based "Much-obliged-yes-man"
Pierre Agius (on 20/8/08)
Let's hope that as usual the EC does not pick and bullies the smallest EU MS. Direct State Aid my foot! What about Air France? Austrian Airlines? Alitalia? France Telecom? The Dezelna Banka of Slovenia? Northern Rock? And I don't even go into the Romanian and Bulgarian direct State Aid - that would fill volums. Its peak summer, in urope its bad weather and Commissioner Kroes feels like a free holiday!
John Saliba (on 20/8/08)
"Although it is true that the government has the option of liquidating the company we are choosing to go along a different path particularly in the interest of the shipyard's current workforce. I hope that the EU also understands our position." These are Minister Tonio Fenech's words. This means that the government does not want to end up in a position where the workers would not be entitled to any retirement schemes as they would be made redundant through normal channels.

May I ask Joseph if he has a problem with this line of thinking? Does he support the government's stand? Does he believe that the government is acting in the best interest of the workers and the nation? Come on speak up, get off the fence.

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