12. 5. 90 Official Journal of the European Communities NoC 118/7 
STATE AID 
C 3/89 
COMMISSION DECISION 
of 29 December 1989 
on aids granted by the region of Nord/Pas-de-Calais and the department of Pas-de-Calais for 
fisheries 
(France) 
(Articles 92 to 94 of the Treaty establishing the European Economic Community) 
(90/C 118/05) 
By letter No SG (89) D/1736 of 9 February 1989 the 
French Government was informed of the Commission's 
Decision to initiate the review procedure provided for in 
Article 93 (2) of the EEC Treaty in respect of aids 
granted by the region of Nord/Pas-de-Calais for aqua-
culture, the construction and modernization of fishing 
vessels and investments and inshore facilities, and aids 
granted by the department of Pas-de-Calais for the 
construction of fishing vessels. 
By letters dated 14 March and 6 October 1989 the 
French authorities replied to the Commission. 
I. The Commission has examined these regional and 
departmental aid schemes in the light of the rules of 
competition, and especially of the guidelines for the 
examination of State aids in the fisheries sector (') 
under which compliance with certain common 
conditions is required for such aids to be deemed to 
be compatible with the common market. 
The information available to the Commission 
indicates that aids for the modernization of 
industrial fishing vessels and for the construction of 
fishing vessels measuring more than 16 metres are 
granted in addition to the State aids. The 
Commission recalls in this respect its Decision of 23 
December 1987 notified to the French authorities by 
telex No SG (87) D/16092 of 23 December 1987 
concerning the relevant national aid scheme. 
In the abovementioned letters and in letter No 
1194/YD/MFM of 28 July 1989 the French auth­
orities drew the Commission's attention to the 
general framework within which aid is granted by 
the external departments of the Ministry for the 
Marine, which has been notified to the Commission 
on 23 February 1989. The Commission noted from 
C) O] No C 313, 8. 12. 1988, p. 21. this correspondence that the French authorities 
undertook to comply with the multiannual 
programmes referred to in Regulations (EEC) No 
355/77 and (EEC) No 4028/86 and to observe the 
maximum aid levels laid down in those Regulations 
in the event of national, regional and departmental 
aids being aggregated. 
On the basis of this information the Commission was 
able to conclude that the French authorities would 
comply with the common conditions laid down in 
the abovementioned guidelines when granting aid 
for the construction and modernization of fishing 
vessels measuring less than 16 metres, and for aqua-
culture. 
II. With regard to the aid scheme for investments in 
onshore facilities, the Commission was unable, on 
the basis of the information available to it, to decide 
definitively whether the technical aspects of the indi­
vidual projects were compatible with Article 27 of 
Regulation (EEC) No 4028/86 and with Articles 6, 
7, 9 and 10 of Regulation (EEC) No 355/77. 
The Commission, therefore, requests the French 
authorities to notify it, pursuant to Article 93 (3) of 
the EEC Treaty, of all specific cases of aids for 
onshore investments under the abovementioned 
scheme so that it can decide whether the technical 
aspects of the individual aid projects are compatible 
with the Community rules. 
III. The Commission has decided to terminate the 
procedure provided for in Article 93 (2) of the EEC 
Treaty initiated in respect of the abovementioned aid 
schemes, in view of the following: 
1. The aids are already being applied and the 
Commission strongly regrets, therefore, the 
failure by the French authorities to fulfil their 
obligations under Article 93 (3) of the EEC 
Treaty. In addition, the Commission strongly 
regrets that it took so long to obtain the infor-
No C 118/8 Official Journal of the European Communities 12. 5. 90 
mation necessary for the review of the aids 
pursuant to Article 93 (2) and (3) of the EEC 
Treaty. Such delays jeopardize the satisfactory 
execution of the tasks entrusted by that Article to 
the Commission. The Commission reserves the 
right, therefore, to take any action necessary to 
ensure compliance with those rules. 
2. The Commission requests the French authorities 
to keep it informed of the granting of aids for the construction and modernization of fishing vessels 
and for aquaculture, by sending it annual reports 
containing a list of all the individual projects with 
a description thereof. It reserves the right to 
review this decision if it subsequently establishes 
incompatibility with Community law, particularly 
as regards compliance with the aims of the French 
multiannual programmes adopted and to be 
adopted under the Community rules on the 
subject.