No C 120/6 Official Journal of the European Communities 16.5.90 
'Scientific apparatus' Decision — authorization of relief from import duties 
(90/C 120/05) 
(Legal basis: Regulation (EEC) Nos 918/83 (>) and 2290/83 (2)) 
File: XXI/B/3-013/89 
The Commission has established that the apparatus known as: 'Applied Technologies 
Inc.-Research Sonic Wind System' may be imported free of import duties. 
This apparatus, the subject of an application made by the Kingdom of the Netherlands on 
24 November 1989 and ordered on 6 June 1988, is intended for measuring air turbulence at a 
number of heights over forests, as part of a research project on the hydrometeorology of 
forests, the aim of which is to throw light on a few central problems of regional evaporation 
modelling. 
Reasoning: 
deemed to fulfil the requirements for duty relief by application of Article 7 (4) of Regulation 
(EEC) No 2290/83. 
(') Oj No L 105, 23. 4. 1983, p. 1. 
O OJ No L 220, 11. 8. 1983, p. 20. 
STATE AID 
C 18/88 
COMMISSION DECISION 
of 5 July 1989 
on certain aid measures in the fisheries sector 
France (Loire Atlantique and Vendee) 
(Articles 92 to 94 of the Treaty establishing the European Economic Community) 
(90/C 120/06) 
By letter No SG(88) D/6592 of 3 June 1988 the French 
Government was informed of the Commission's Decision 
to initiate the procedure laid down in Article 93 (2) of 
the EEC Treaty in respect of the aids granted: 
— by the department of Loire Atlantique for the 
construction of fishing vessels and for the refitting of 
second-hand vessels, 
— by the department of Vend6e for the construction of 
fishing vessels, for the purchase of second-hand 
vessels and for the provision of on-shore facilities at 
fishing ports. 
By letters dated 30 December 1988, 17 March and 7 
June 1989 the French authorities forwarded their obser­
vations to the Commission. The Commission has not received any observations from 
the other interested parties. 
As regards a possible condition whereby the granting of 
the aid for the construction or refitting of vessels would 
be subject to performance of the work by a regional 
shipbuilder, the Commission has noted that the auth­
orities of the department of Loire Atlantique have 
deleted this condition, whilst the authorities of the 
department of Vendee have confirmed that the granting 
of aid is not subject to any such condition. The 
Commission would point out, however, that no effective 
restriction must be placed on the beneficiary's freedom 
to conclude a contract with shipbuilders in other regions 
of the Community as a result of the beneficiary being 
requested by the Conseil General of the Vendee 
department to use only local shipbuilders. 
16. 5. 90 Official Journal of the European Communities No C 120/7 
Secondly, the Commission has noted that the aid granted 
by the department of Vendee for the purchase of 
second-hand vessels consists of an interest-free advance 
and that the central authorities will ensure that the 
projects eligible for the aid in question comply with the 
national and Community rules, and in particular the 
guidelines for the examination of national aids in the 
fisheries sector (Official Journal of the European 
Communities No C 313 of 8 December 1988, page 21). 
As regards projects eligible for aid for the provision of 
port facilities in the department of Vendee, the 
Commission has noted that the projects concerned are in 
line with the objectives of the specific programme 
submitted by France for the provision of port facilities 
and approved by Commission Decision 89/72/EEC of 
21 December 1988 (Official Journal of the European 
Communities No L 30 of 1 February 1989, page 60) and 
that the said projects are eligible under Regulation 
(EEC) No 2321/88. 
The Commission, taking into account all the information 
at its disposal, therefore considers that the aids in 
question may be regarded as compatible with the 
common market. Consequently, the Commission has decided to terminate 
the procedure initiated against these aids under Article 
93 (2) of the EEC Treaty, account being taken of the 
following observations: 
1. The Commission deeply regrets that the aid measures 
concerned are already in force and that the French 
authorities have thus failed to meet their obligations 
under Article 93 (3) of the EEC Treaty. The 
Commission reserves the right to take any measures 
to ensure compliance with the rules in question. 
2. The Commission hereby requests the French auth­
orities to keep it informed of the implementation of 
the aid measures concerned, by sending annual 
reports containing a list of all the individual projects 
with a description of each. The Commission reserves 
the right to review this assessment if it subsequently 
finds that there are any areas of incompatibility with 
Community law, particularly as regards compliance 
with the objectives of the multiannual programmes 
drawn up, or still to be drawn up, under the relevant 
Community rules.