25. 1.91 Official Journal of the European Communities No C 17/7 
STATE AID 
Nos 100/88 and 101/88 
France 
(Articles 92 and 94 of the Treaty establishing the European Economic Community) 
(91/C 17/05) 
Commission communication pursuant to Article 93 (2) of the EEC Treaty to the other Member 
States and interested parties concerning aids which the authorities of the Department of Seine 
Maritime and of the Department of la Manche have decided to grant in the fisheries sector 
By letter of 4 August 1988, the French authorities 
submitted several files concerning certain regional and 
departmental aids to the small-scale fisheries sector 
including the above aid schemes. 
By telex of 19 September 1988, the Commission 
requested certain additional information. 
By letters of 6 and 16 January 1989 and 13 March 1989, 
the French authorities supplied further data regarding 
the above aids. 
I. The guidelines for the examination of State aids in 
the fisheries sector (OJ No C 313 of 8 December 
1988, p. 21) and in particular points H.A.3., II.B.3 
and (i) and (iii) and H.D., lay down certain common 
conditions which such aids must fulfil to be 
considered compatible with the common market, 
particularly with regard to compliance with the 
multi-annual programme provided for in Regulation 
(EEC) No 4028/86 and approved by the 
Commission and as regards the rates and conditions 
for the payment of the aids. 
As regards the aids granted by the Department of 
Seine maritime for the purchase of new and 
second-hand fishing vessels and for the alteration or 
modernization of second-hand vessels and the aids 
granted by the Department of la Manche: 
— for the acquisition and alteration of second-hand 
vessels and 
— to the Syndicat Mixte pour l'Equipement du 
Littoral ('SMEL') for measures to develop new 
cultures and for resource management, for infor­
mation measures and measures for the organ­
ization, marketing, promotion of marine 
products, the information so far supplied by the French auth­
orities seems to indicate that the fulfilment of certain 
conditions cannot be guaranteed. In particular, there 
appears to be no guarantee that: 
— the aids are granted for investments related to the 
aims of a multi-annual guidance programme 
provided for in Community rules (Regulation 
(EEC) No 4028/86) and approved by the 
Commission, 
— the conditions governing the granting of aids are 
comparable to those laid down in the above 
Regulation and are at least as strict. 
With regard to aid for the alteration or modern­
ization of second-hand fishing vessels, the 
Commission does not have the necessary infor­
mation to enable it to check the eligibility of the 
subsidized investments or to verify compliance 
with the condition specifying that total 
investment must not exceed 50 % of the value of 
a new vessel of the same type. 
As regards the aids granted by the Department of 
la Manche to the Syndicat Mixte pour 
l'Equipement du Littoral for certain measures, the 
Commission has insufficient information to 
enable it to identify the type of measures involved 
and to verify fulfilment of the common 
conditions laid down by the above guidelines. 
For the time being, therefore, these aids cannot 
be considered compatible with the common 
market. 
Under this procedure the Commission hereby 
gives notice to the French authorities to submit 
their comments within one month from the date 
of this letter. 
II. The Commission hereby informs the French auth­
orities that it will give notice to the other Member 
States and other interested parties by way of a 
No C 17/8 Official Journal of the European Communities 25. 1.91 
notice published in the Official Journal of the 
European Communities, to submit their comments. 
The Commission reminds the French authorities that 
under Article 93 (3) of the EEC Treaty the proposed 
measures may not be put into effect before the 
procedure provided for in paragraph 2 of the said 
Article has resulted in a final decision. 
The Commission hereby draws the attention of the 
French authorities to the letter sent to all Member 
States on 3 November 1983 regarding their obli­
gations under Article 93 (3) of the EEC Treaty and 
to the communication published in the Official 
Journal of the European Communities No C 318 of 24 November 1983, page 3, which stresses that any aid 
granted illegally i.e. before the procedure provided 
for Article 93 (2) of the EEC Treaty has resulted in a 
final decision, may have to be refunded. 
The Commission hereby gives notice to the other 
Member States and interested parties to submit their 
comments on the measures in question within one 
month from the date of publication of this notice to: 
Commission of the European Communities, 
Rue de la Loi 200, 
B-1049 Brussels. 
These comments will he communicated to France.