No C 268/2 Official Journal of the European Communities 19.10. 85 
GUIDELINES FOR THE EXAMINATION OF STATE AIDS IN THE FISHERIES 
SECTOR 
(85/C 268/02) 
INTRODUCTION 
The establishment of fishing zones whereby the vast majority of stocks were made subject to 
restrictive exploitative schemes, the general rarefaction of stocks and the economic recession 
triggered off by the rise in the cost of oil products resulted in a situation where the fishing 
industries of the Member States had to undergo sweeping changes if the long-term viability of 
this sector was to be restored. 
The common fisheries policy has provided the basis for carrying out this task. The organization 
of the market serves to stabilize prices and unify the Community market. The rules on fishing 
activities provide for the best possible use of available stocks and their optimum conservation 
whilst ensuring relative stability of access for fishermen. In addition to these measures, durable 
links have been established at international level with a view to maintaining or developing 
access to stocks outside Community waters. Lastly, the structural measures that have, since 
1983, supplemented the common fisheries policy are designed to facilitate the adaptation of the 
industry to the existing situation and its likely future development. State aids are, therefore, 
only justified if they are in accordance with the objectives of this policy. 
It is against this background that the Commission intends to administer the derogations 
provided for in Article 92 (2) and (3) of the EEC Treaty from the principle of incompatibility 
of State aids with the common market (Article 92 (1) of the EEC Treaty). 
These guidelines apply to the entire fisheries sector and encompass all living resources of the 
sea and fresh waters, the products of the farming of such resources, the factors of production 
and the processing and marketing of the resultant products, but excluding non-commercial 
recreational and sporting activities. 
I 
GENERAL PRINCIPLES 
1. The granting of aid must be limited to measures 
necessary for achieving the objectives of the common 
fisheries policy as defined in Article 39 of the Treaty. 
These objectives concern mainly the management and 
rational exploitation of fish stocks and ensurance of fair 
standards of living for fishermen. They are achieved by 
adopting Community rules relating to the conservation 
of resources and the stabilization of markets which imply 
Community financial intervention both at market level 
and as regards the orientation of investment. State aids 
can, therfore, only be envisaged if they are in accordance 
with the objectives of the common policy. 
Aid must not be conservative in its effect. On the 
contrary, by increasing productivity, it should serve to 
promote the rationalization and efficiency of the 
production and marketing of fishery products in a way 
which encourages and accelerates the adaptation of the 
sector to the new situation confronting it at Community 
level. In more practical terms, aid must provide an incentive 
for development and adaptation measures which cannot 
be undertaken under normal market circumstances 
because of insufficient flexibility in the sector and the 
limited financial capacity of those employed in it. It must 
result in lasting improvements so that the fishing sector 
can continue to develop solely on the basis of market 
earnings. Its duration must therefore be limited to the 
time needed to achieve the desired improvements and 
adaptations. 
Consequently the following principles apply: 
— the fields covered by the common fisheries policy are 
governed exclusively by the rules of that policy and 
the operation of those rules may not be obstructed by 
national measures, 
those details of the common fisheries policy that 
cannot be considered to have been thoroughly 
resolved, in particular as regards structural policy, 
may still warrant State aids provided such aids 
comply with the objectives of the common rules so as 
not to risk calling into question or altering the full 
19.10. 85 Official Journal of the European Communities No C 268/3 
effect of those rules; this is why they must, where 
appropriate, form part of guidance programmes 
provided for under Community rules (*), 
— State aids 
— which are granted without imposing any 
obligation on the part of recipients and which are 
intended to improve the liquidity situation of their 
undertakings, 
— the amount of which depends on the quantity 
produced or marketed, the prices of products, the 
unit of production or the factor of production 
and the only result of which would be a reduction in 
the recipient's production costs or an improvement in 
the recipient's income are, as operating aids, 
incompatible with the common market (2). 
It should be borne in mind that in any case aids to 
exports and to trade in fishery products within the 
Community are incompatible with the common market. 
Any subsidy granted by virtue of Community rules is 
exempt from assessment under these guidelines. 
2. These guidelines relate to all measures entailing a 
financial advantage in any form whatsoever funded from 
the budgets of public authorities (national, regional or 
provincial, departmental or local). They relate, in 
particular, to capital transfers, to reduced-interest loans, 
interest rate subsidies, as well as certain State holdings in 
the capital of undertakings, aid financed by special levies 
and aid granted in the form of State security for bank 
loans or the reduction of or exemption from charges or 
taxes, including accelerated depreciation and the 
reduction of social contributions. 
All these measures are covered by the term 'State aids' 
used in this document. 
3. The examination of aids is based on values 
expressed in gross subsidy equivalent. However, account 
is taken of all factors making it possible to assess the real 
(net) advantage of the recipient. 
The Commission will continue to examine the 
possibilities of determining parameters of comparison on 
the basis of which the net value of the subsidies can be 
assessed. 
(') Aids of a structural nature are considered to be those 
referred to under II B 1, 3 and 4, C 1, 2 and 3 and D 1. 
(2) Subject to application of Article 92 (2) of the Treaty. The cumulative effect for the recipient of all measures 
involving an element of subsidy granted by the State 
authorities pursuant to Community, national, regional or 
local laws, particularly those that are designed to 
promote regional development, will be taken into 
account when assessing any State aid arrangements. 
4. In accordance with the various provisions of the 
Treaty, particularly Article 95, and the judgments of the 
Court (3), State aids shall be considered incompatible 
with the common market where they are financed by 
means of special levies which, while affecting both 
imported products from other Member States and 
domestic products, place national products, through the 
combination of the aid and the levy which finances it, at 
a relative advantage over rival products from other 
Member States. 
5. The components of regional aid schemes relating to 
fisheries will be subjected to examination under these 
guidelines. In addition, it should be noted that the 
principles for the coordination of such schemes 
communicated to the Member States by letter of 
21 December 1978 (4) do not apply to fisheries. 
6. In examining the aid schemes, the Commission will 
also take account of the size in absolute or relative terms 
of the overall financial support granted by the Member 
State concerned to the fisheries sector in the light of its 
impact on competition and trade between Member 
States. The Commission will draw up criteria for such an 
assessment as part of its regular examination of existing 
aids, while taking account, on the basis of the infor­
mation received, of other factors that are likely to 
influence the competitive position, such as measures of a 
social or fiscal nature. 
7. The Commission will amplify or modify these 
guidelines as and when experience is gained in the 
regular examination of inventories of State aids and in 
the light of the common fisheries policy and the 
structural policy measures in particular. 
II 
PRINCIPLES OF COMPATIBILITY OF THE VARIOUS 
CATEGORIES OF AID 
The Commission will apply the principles set out below 
with respect to each specific category of aid in the 
fisheries sector in the light both of the derogations 
provided for in Article 92 (3) of the Treaty and the 
provisions of secondary Community legislation. 
(3) ECR No 47/69, France/Commission, 1970, p. 487. 
O OJ No C 31, 3. 2. 1979, p. 9. 
No C 268/4 Official Journal of the European Communities 19.10. 85 
A. Aid of a general nature 
1. Aid to training and advisory services 
Aid to the technical and economic training of persons 
employed in the fisheries sector and aid to the 
provision of advisory services in new techniques and 
to technical or economic assistance is compatible with 
the common market provided it is directed exclusively 
at improving the knowledge of recipients so as to 
help them increase the efficiency of their concerns. 
2. Aid to research 
Aid provided or measures taken by the Member 
States in connection with scientific and technical 
research are compatible with the common market 
provided that: 
— the use of such aid is supervised by the authorities 
of the Member States concerned if it is organized 
by professional organizations or private under­
takings, and 
— the results of the research work are made 
accessible to nationals of all Member States in 
accordance with industrial property laws. 
3. Aid to advertising and product promotion 
Aids to advertising and those aimed at seeking 
commercial outlets are only compatible with the 
common market if they relate to a sector as a whole 
or to a product or group of products so as not to 
favour certain undertakings and provided that: 
(a) The promotional measures are compatible with 
Article 30 of the Treaty and, along the same 
lines, do not favour the products of one Member 
State and are not intended to discourage the 
purchase of products from other Member States 
or to disparage those products in the eyes of 
consumers, or to advise consumers to purchase 
domestic products solely by reason of their 
national origin ('); 
(b) the measures relate to species that have not pre­
viously been greatly used for human 
consumption, are not subject to quantitative catch 
restrictions, or to species the supply of which 
exceeds demand and which allow of increased 
catches. 
The Commission may return to this paragraph in the 
light of the analysis made of the same question in the 
agricultural sector and adopt these guidelines to 
cover aids relating to the markets of other Member 
State or third countries; until then it will consider the 
latter category of aids on a case-by-case basis. 
(') ECR No 222/82 'Apple and Pear Development Council', 
1983, p.4083-4142. 4. Aid in the form of advice for small and medium-
sized undertakings 
Aid to promote better use of the undertakings' 
equipment, relating in particular to advice on 
financial and technical management is, in principle, 
compatible with the common market. The 
Commission examines such measures on a case-by-
case basis and will amplify the guidelines in the light 
of experience acquired in this field. 
5. Operating aid 
Operating aid to undertakings, the aim or effect of 
which is basically to improve the liquidity situation or 
the recipients is, in principle, incompatible with the 
common market. The Commission will examine such 
aid on a case-by-case basis if it is directly linked to a 
restructuring plan considered compatible with the 
common market. 
B. Aid to sea-fishing 
1. Aid to the permanent laying up of fishing vessels 
Aid to the scrapping or permanent laying up of a 
fishing vessel which is not linked to the purchase or 
construction of a new vessel and not referred to in 
the measures provided for in the Community rules 
governing this matter (at present Council Directive 
83/515/EEC of 4 October 1983 which limits 
intervention to vessels of a length between perpen­
diculars of 12 metres or more) is compatible with the 
common market provided that: 
— the conditions for the granting of such aid are 
similar to and at least as stringent as those laid 
down in the said rules, 
— the amount thereof is in line with the objective 
sought. 
2. Aid to the temporary laying up of fishing vessels 
Aid to the temporary laying up of fishing vessels 
which is not referred to in the measures provided for 
in the Community rules governing this matter (at 
present Council Directive 83/515/EEC of 4 October 
1983 which limits intervention to vessels of a length 
between perpendiculars of 18 metres or more) is 
compatible with the common market provided that: 
— the conditions for the granting of such aid are 
similar to and at least as stringent as those 
provided for in the said Community rules, 
— the rate of the daily laying-up premium is 
calculated in accordance with the criteria provided 
for in the said Community rules. 
19.10.85 Official Journal of the European Communities No C 268/5 
3. Aid to investment 
Aid to the purchase or construction of fishing vessels 
whether linked or not to a requirement to scrap an 
existing vessel, and aid to the modernization of 
fishing vessels in service, which is not referred to in 
the Community rules governing this matter (at 
present Council Regulation (EEC) No 2908/83 of 4 
October 1983 which limits aid under the EAGGF, 
Guidance Section, to vessels with a length between 
perpendiculars of between 9 and 33 metres) is 
incompatible with the common market except where: 
— it is granted for investments which are in line with 
the objectives of a multiannual guidance pro­
gramme provided for under the said rules and 
approved by the Commission (*), 
— the conditions for the granting of aid are similar 
to and at least as stringent as those provided for 
in the said rules, 
— the rate of such aid does not exceed, in subsidy 
equivalent, the overall rate of subsidies permitted 
under the said rules (see Article 15 of Regulation 
(EEC) No 2908/83). 
4. Aid to diversification 
(i) Aid to exploratory fishing voyages not referred to 
in the Community measures in this field (at 
present Council Regulation (EEC) No 2909/83 
of 4 October 1983 which limits intervention to 
vessels of a length between perpendiculars of 
more than 24 metres) is incompatible with the 
common market except where: 
— such voyages are carried out under the 
supervision of the Member State concerned, 
— the results obtained from such voyages are 
made accessible to nationals of all Member 
States, 
— the premium is calculated on the basis of the 
criteria provided for in the said rules; flat-rate 
amounts are not allowed, 
— such fishing voyages concern fishing zones or 
species not traditionally exploited by the 
vessels of the Community; these voyages may 
relate to waters and species which are 
exploited provided it is shown that their 
exploitation may be increased. 
(') See Commission Decisions of 24 April 1985 (OJ No L 157, 
15. 6. 1985). Aid to new fishing methods is incompatible with 
the common market unless the measures fulfil the 
conditions for exploratory fishing that is 
compatible by virtue of the criteria set out above. 
(Where the aim of the measures is solely one of 
research, they are assessed in accordance with 
paragraph A 2.) 
(ii) In the absence of a general Community scheme, 
aid to cooperation in fisheries in the context of 
joint ventures which is not referred to in the 
Community rules in this field (at present, Council 
Regulation (EEC) No 2909/83 of 4 October 
1983) will be examined case by case by the 
Commission in the light of the aforesaid rules. 
5. Aid to technical assistance at sea 
Aid to technical assistance at sea (e.g. support vessels) 
is compatible with the common market in so far as 
such assistance is limited to immediate needs which 
cannot be satisfied by means of the equipment and 
supplies normally found on fishing vessels. 
6. Aid to fishermen's activities in ports 
Aid to the operation of ports and aids granted either 
directly or indirectly to reduce the port charges which 
have to be borne by fishermen is examined case by 
case. The Commission intends to undertake a study 
of the financing and management of ports as regards 
the landing of fishery products and the provision of 
supplies for fishing vessels. The results of such a study 
will help to amplify the present guidelines. 
C. Aid to processing and marketing in the fisheries 
sector 
1. Aid to cessation of firms' activities 
Aid intended as an incentive to the final cessation of 
firms' processing and marketing activities is 
compatible with the common market provided that: 
— it is limited to unprofitable processing firms and is 
compatible with the programme of the Member 
State concerned for the development or rational­
ization of the processing or marketing of fishery 
products as provided for in the Community rules 
governing this matter (at present Council Regu­
lation (EEC) No 355/77 of 15 February 1977, as 
amended by Council Regulation (EEC) No 
1932/84 of 19 June 1984), and 
— the rate of compensation for cessation of activity 
does not exceed half of the current value of the 
movable and immovable assets excluding land. 
No C 268/6 Official Journal of the European Communities 19.10.85 
2. Aid to port infrastructure 
Aid to infrastructure investments that is intended to 
facilitate landing operations and the provision of 
supplies to fishing vessels other than those falling 
within the field of application of Regulation (EEC) 
No 355/77, is compatible with the common market. 
3. Other aid to investment 
Aid to investment in the processing and marketing of 
fishery products is compatible with the common 
market provided that: 
— the measures satisfy the aims of a programme 
approved by the Commission relating to the 
development or rationalization of the processing 
or marketing of fishery products as provided for 
in the Community rules governing this matter (at 
present Council Regulation (EEC) No 355/77 of 
15 February 1977, as last amended and extended 
by Council Regulation (EEC) No 1932/84 of 
19 June 1984), 
— the conditions for the granting of such aid are 
similar to and at least as stringent as those 
provided for in the aforesaid rules, and 
— the rate of such aid does not exceed, in subsidy 
equivalent, the overall rate of subsidies permitted 
under the said rules (see Article 17 of Regulation 
(EEC) No 355/77). 
4. Aid relating to product quality 
Aid relating to product quality is compatible with the 
common market subject to the following conditions: 
(a) quality control carried out under binding national 
or Community rules, where the aid only covers 
the expenditure necessary to carry out such 
control; 
(b) measures aimed at improving product quality 
when restricted to advice on undertakings, the 
promotion of quality labels and to voluntary 
monitoring of the measure; 
and if the aid is granted without distinction in respect 
of the specified products intended for marketing 
within the Member State concerned. 
5. Aid to producer organizations 
Aid intended to improve or provide support for the 
activities of producer groups or organizations other 
than the producer organizations recognized under 
Regulation (EEC) No 3796/81 is incompatible with 
the common market. It should be borne in mind that the aids provided in 
Article 6 of the said Regulation are exhaustive in 
nature and may only be granted to recognized 
producer organizations. 
Moreover, the other categories of aid granted to the 
said producer associations, groups and organizations 
are subject to examination under these guidelines. 
D. Fresh-water fishing and aquaculture 
1. Aid to investment 
(a) Aid to investment in professional fresh-water 
fishing (breeding, restocking, management of 
waterways and ponds) can be considered 
compatible with the common market. The 
Commission will examine such aid on a case-by-
case basis. 
(b) Aid to investment in aquaculture which is not 
covered by the Community rules governing this 
matter (Council Regulation (EEC) No 2908/83 
of 4 October 1983) is compatible with the 
common market provided that: 
— it is granted in respect of investments which 
comply with the objectives of a multiannual 
guidance programme provided for under the 
Community rules and approved by the 
Commission ('), 
— the conditions for granting such aid are 
similar to and at least as stringent as those 
provided for in the Community rules 
governing this matter, and 
— the rate of such aid does not exceed, in 
subsidy equivalent, the overall rate of 
subsidies permitted under the said rules (see 
Article 15 of Regulation (EEC) No 2908/83). 
2. Aid in veterinary and health fields 
Aid in the veterinary and health fields (veterinary 
fees, health checks, tests, screening, purchase of 
vaccines, insecticides, medication, vaccinations, 
slaughter following outbreaks of disease) is 
compatible with the common market provided that it 
relates to measures which are obligatory under the 
legislation of the region, Member State or 
Community and is limited to costs resulting directly 
from the obligations to which the recipients are 
subject. 
0) See Commission Decisions of 24 April 1985 (OJ No L 157, 
15. 6. 1985). 
19.10.85 Official Journal of the European Communities No C 268/7 
Aid covering all or part of the cost of combating 
epidemic diseases or harmful organisms (virus 
infections, bacteria, insects, fungi, parasites of 
vegetable or animal origin, pests) not constituting a 
normal risk of the activity concerned is compatible 
with the common market provided that: 
— it is granted in the framework of regional or 
national programmes approved by the public 
authorities and the measures are carried out 
under their supervision, 
— it is limited to the duration necessary to obtain 
the effective elimination of the epidemic or 
harmful organisms concerned. 
£. Special cases 
1. These guidelines also apply to fishery under­
takings which are entirely or partly publicly-owned. 
The Commission's position concerning public auth­
orities' holdings in the capital of firms (*) is applied in 
the fisheries sector from the point of view of both 
principle and procedure. 
2. As regards aid granted in the form of 
management loans at reduced rates linked to 
operating expenditure over a fishing year or 
production cycle, the Commission proposes to draw 
up specific guidelines in the light of the results of a 
horizontal examination of aids of this type in all 
Member States. In the meantime, this aid will be 
examined case by case. 
3. The Commission proposes to institute a study in 
all Member States on the situation with regard to aid 
of a social character granted via or in favour of the 
social security system in the fisheries sector. It will 
take account, in particular, of the demographic 
structure of the fishing population and of 
comparisons with the social security systems in other 
sectors of the economy, and in particular in the agri­
cultural sector. The Commission will draw up 
additional guidelines on this basis. 
In the meantime, this aid will be examined case by 
case. Ill 
PROCEDURAL MATTERS 
1. The implementation of these guidelines presupposes 
discipline both on the part of the authorities in the 
Member States and on the part of the Commission, 
particularly as regards the formal obligations to provide 
notification and the time limits set for this purpose. It 
should be borne in mind therefore that all the rules of 
procedure generally obeyed in this matter remain 
applicable (2). 
2. Furthermore, the Commission draws the attention 
of the Member States to its letter of 3 November 
1983 (3) concerning the repayment of aid granted illicitly 
and the possible repercussions of such aid on the 
EAGGF accounts. The Commission will examine the 
application of these principles on a case-by-case basis in 
the light of the economic effect of the aid, i.e. its real 
impact on competition and trade between Member 
States. 
3. As regards the non-financing by the EAGGF of any 
expenditure affected by a unilateral national measure 
which is incompatible with the nature and objectives of 
the common organization of the market in the fisheries 
sector or which otherwise impedes the correct operation 
of its instruments, the Commission must ensure that 
Community finance does not contribute to operations 
constituting infringements of Community law; it may 
therefore refuse advances provided for under Article 5 of 
Regulation (EEC) No 729/70 and Regulation (EEC) No 
380/78 intended for the financing of operations carried 
out on the basis of a national measure. 
Where appropriate, the same criteria will apply in 
connection with the clearance of the EAGGF accounts. 
(') Letter of 17 September 1984, see Monthly Bulletin of the 
Commission of the European Communities No 9/84, p. 98. (2) OJ No C 252, 30. 9. 1980, p. 2. 
(») OJ No C 318, 24. 11. 1983, p. 3.