15. 5. 90 Official Journal of the European Communities NoC 119/7 
STATE AID 
NN 108/88 
(France) 
(Articles 92 to 94 of the Treaty establishing the European Economic Community) 
(90/C 119/03) 
Communication from the Commission pursuant to 
Article 93 (2) of the EEC Treaty to the other Member 
States and to parties concerned other than the other 
Member States concerning certain aids which the auth­
orities from the French Guyana region have decided to 
grant for fisheries. 
By letter of 18 October 1988 the French Government 
notified the Commission of the abovementioned aid 
measures, which were already being applied. abovementioned guidelines) and other aids for the 
marketing and processing of fishery products 
(point II.C.3). The abovementioned guidelines lay 
down certain common conditions for such aids to 
be deemed compatible with the common market, 
in particular as regards compliance with the multi-
annual programme provided for in Regulation 
(EEC) No 355/77 and the specific programme 
provided for in Regulation (EEC) No 4028/86 
and as regards the conditions for granting and the 
rate of the aid. 
II. By letter of 23 May 1989, the French authorities 
forwarded additional information which the 
Commission had requested by telex of 8 November 
1988. 
The abovementioned aid measures as a whole have 
been examined to ascertain their compatibility with 
the rules of competition and in particular the 
guidelines for the examination of State aids in the 
fisheries sector (*) on the basis of which the 
Commission intends to decide on the application of 
derogations from the principle of incompatibility of 
State aids with the common market, provided for in 
Article 92 of the EEC Treaty. 
The Commission notes firstly that the French 
Government notified the abovementioned aid 
measures after their implementation. It strongly 
regrets the failure of the French authorities to fulfil 
their obligations under Article 93 (3) of the EEC 
Treaty and reserves the right to take any measures 
required to ensure that those rules are observed. 
1. The Commission has decided to initiate the 
procedure provided for Article 93 (2) of the EEC 
Treaty in respect of aids to investments in land. As regards aids to investments on land, infor­
mation available to the Commission does not 
enable it to ensure that the objectives of the 
abovementioned programmes and the rate of the 
aid are complied with. Under these circumstances 
the Commission is at present unable to decide 
whether such aids may be deemed compatible with 
the common market. 
Accordingly the Commission hereby gives notice 
to the French authorities to submit their comments 
within one month from the date of this letter. 
II. 2. The Commission informs the French authorities 
that it will be giving notice to the other Member 
States and to the other parties concerned, by 
publishing a communication 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 
planned measures may not in principle be 
implemented before the procedure provided for in 
paragraph 2 of that Article has resulted in a final 
decision. 
According to examples provided to the 
Commission, aids to investments on land granted 
by the French Guyana region include aids to 
investments in ports (point II.C.2) of the 
(') OJ No C 313, 8. 12. 1988, p. 21. The Commission draws the attention of the 
French authorities to the letter which it forwarded 
to all the Member States on 3 November 1983 
regarding their obligations under Article 93 (3) of 
the EEC Treaty and to the communication 
published in the Official Journal of the European 
NoC 119/8 Official Journal of the European Communities 15. 5. 90 
Communities No C 318 of 24 November 1983, 
page 83, in which it stated that any aid granted 
illegally, i.e. without a final decision having been 
taken under the Article 93 (2) procedure, is likely 
to entail a claim for reimbursement. 
The Commission hereby gives notice to the other 
Member States and to parties concerned other than the other Member States to submit their comments on the 
measures in question within one month from the publi­
cation of this communication to the following address: 
Commission of the European Communities, 
200, Rue de la Loi, 
B-1049 Brussels. 
The comments will be notified to France.