30. 1. 90 Official Journal of the European Communities No C 22/7 
II 
(Preparatory Acts) 
COMMISSION 
Amendment to the draft Joint Decision of the Council and the Commission setting up a 
programme of options specific to the remote and insular nature of the French overseas 
departments (Poseidom) (') 
(COM(89) 677 final) 
(Submitted by the Commission pursuant to Article 149 (3) of the EEC Treaty on 21 December 
1989) 
(90/C 22/06) 
RECITALS 
The first, fifth and sixth recitals are amended as follows: 
'Whereas the French overseas departments, hereinafter referred to as the 'OD', which also 
constitute regions within the meaning of the French Law of 2 August 1984, suffer from a 
serious structural lack of development aggravated by a number of constraints (remoteness, 
isolation, small mise, difficult terrain and climate, and economic dependence on a small 
number of products) whose unchanging nature and combined impact have serious adverse 
effects on their economic and social development; whereas these constraints differentiate 
sharply the social and economic context of the OD from that of the other Community 
regions, particularly in the area of unemployment, the level of which is among the highest 
in the Community and primarily affects young people; 
•Whereas the OD form an integral part of the Community pursuant to Article 227 [three 
words deleted] as interpreted by decisions of the Court of Justice, which has ruled that the 
provisions of the Treaty and secondary legislation apply automatically to the OD, it being 
understood that it is always possible to adopt specific measures to assist them to the extent 
that, and for as long as, there remains an objective need for such measures with a view to 
the 'economic and social development of these areas',' 
'Whereas, however, while forming an integral part of the Community, the OD are located 
in developing regions which lie in tropical etitudes; whereas any operation concerning the 
OD must therefore be based on a clear understanding of this twofold dimension and be 
aimed both at the objective of completing the internal market and at that of recognising 
the regional reality; whereas the objective of completing the internal market should be 
reflected in the maintenance, modification or abolition of rules in force in the OD in line 
with those which will become the norm in the Community as a whole, while enabling the 
departments to catch up with the average Community economic and social level;' 
After the seventh recital, the following new recital is added: 
'Whereas Community rules must be adapted to the need to protect the environment and 
natural resources, to take into account the fragility of the island environments, the vulner­
ability of their agriculture and these territories' special sensitivity to the increasing 
pressures of tourism;' 
(') OJ No C 53, 2. 3. 1989, p. 12. 
No C 22/8 Official Journal of the European Communities 30. 1. 90 
The former 11th recital is amended as follows: 
'Whereas some of the tropical products originating in the OD are not yet covered by 
common measures, which means that the aims set out in Article 39 of the Treaty cannot 
be attained in respect of the producers concerned; whereas it will therefore be necessary, 
firstly to apply to the OD, subject to adjustments, the existing common organisations of 
the market, and, secondly, to draw up or adjust certain common organisation 
arrangements or to make provision for ad hoc solutions; whereas it will be necessary in 
particular to adopt common measures for the banana market that take account, of the 
economic and social importance of this product in certain of the OD so as to guarantee 
producers a fair standard of living taking account of the advisability of guaranteeing a 
certain form of Community preference;' 
The former 13th recital is amended as follows: 
'Whereas the OD are suppliers on the Community market in Europe of tropical products 
that are similar to and in competition with those produced in part at lower cost in neigh­
bouring developing countries which enjoy preferential terms of access to the Community 
market, so that the principle of Community preference is difficult to apply in practice to 
products obtained from the OD; whereas for the OD the neighbouring countries also 
represent a potential outlet for their [word deleted] products, as the important tourist 
industry in the region is generally supplied with products from other sources at lower cost 
and greater regional cooperation could provide the OD with a means of making better use 
of this outlet; whereas this handicap too should be mitigated by means of appropriate 
measures;' 
After the former 16th recital, the following two new recitals are added: 
'Whereas it is important that regular means of transport should be available, at the lowest 
cost, to overcome the obstacles of remoteness and insularity; 
Whereas the question of transport which is of major importance to the economy of the 
OD and the social and cultural development of their inhabitants, is not fully taken into 
account at Community level; whereas, inter alia, Directive 87/601/EEC (') and Decision 
87/602/EEC (2) of 14 December 1987, on fares for scheduled air services between 
Member States, and on the sharing of passenger capacity and on access for air carriers to 
scheduled air-service routes between Member States, respectively, should, when next 
revised, be amended to apply to services to the OD; whereas the Commission has already 
presented proposals to the Council for a Directive and a Decision along these lines; 
whereas air transport is a regional development tool and, as part of the partnership 
arrangements involving local authorities, efforts should be made to identify the most 
suitable forms for increased liberalization;' 
After the former 17th recital, the following two new recitals are added: 
'Whereas a cohesive programme involving all the aid mechanisms of the Community and 
the national and regional authorities may permit optimum and more effective use of the 
resources of the Structural Funds; 
Whereas such programming must provide a guarantee of the active involvement of local, 
regional and national authorities and the complementarity of Community measures, in 
compliance with the principles of partnership and a joint contribution;' 
(*) OJ No L 374, 31. 12. 1987, p. 12. 
C) OJ No L 374, 31. 12. 1987, p. 19. 
30190 COfficial]oumaloftheEuropeanCommunities l^oC22B9 
A^Ttoei^ 
Articlel ^is amended as follows^ 
^2. PoseidomshallbebasedonthetwofoldprinciplethattheCODform |^two words 
deleted^ part of the Community and that the regional reality, characterized by the special 
features and constraints specific to the regions concerned as distinct from the Community 
asawhole,mustberecogni^edB 
In Article 3,points^and^are amended as follows^ 
^ making possible the realistic inclusion of the C^D in the Community by establishing an 
appropriate framework for the application of common policies in those departments^ 
^ helping the COD catch up economically and socially,withaview to the completion of 
the internal marketby 31 December 1992, through coordinated and concentrated 
action involving the structural Runds, the European Investment Bank and other 
Community instruments^ measures adopted by nationalorregionalauthoritiesmust 
be integrated with such actions^ 
Article^is amended as follows^ 
^Community measures already adopted for the COD ^ill be maintained, extended or 
adopted in accordance with this Decision in order toprovide abetter response to the 
specific characteristics of the COD and in order to ensure that they catchup economically 
andsociallyB 
The following newArticle^a is added^ 
The Community and the relevant member ^tate must take all possible measures to enable 
different airline companies, particularly those locally based, to serve the COD in the interest 
of their development. 
TheCommissionandtherelevant^lember^tateshalltakeallpossiblemeasuresin the 
field of maritime transport to guaranteeareduction on the cost of maritime transport, in 
particular throughapolicy of pricedifferentiationwithaviewtopromotingthedeveP 
opment of local productionB 
Article D^ 
— the second subparagraph of paragraphlis amended as follows^ 
^The Council or the Commission, as appropriate,will adopt the first measures necessary to 
this and within siz months of the date this Decision takes effectB 
— the following new first subparagraph is inserted in paragraph 2^ 
^n view of the economic and social importance of bananas for the RCOD and the objective 
of afairstandardof living for producers, theCommissionshall, without waiting for the 
adoptionofcommonrulesin particular under structural Rundrules,decideonactions to 
assist this sector.^ithaview to improving the conditions of production and competition, 
such actions shall take the form ^^r^^ of measures concerning research, harvesting, 
processing and treatment, transport, storage, marketing and commercial promotion. 
— the following new second subparagraph is added to paragraph3^ 
^The Council and the Commission, each to the eztent to which it is concerned, shall adopt 
as soonas possible the structural measuresrequiredtosafeguardthe essential interests of 
Community rum producers in order to improve their competitiveness, restructure the chain 
and assist the marketing of their production withaview to the gradual abolition of national 
shares.L^he Commission shall submit the relevant proposals to the Council by30]une!990. 
It shall report by3lDecember!992 on the situation of Community producers and on the 
implementation of the above measuresB 
No C 22/10 Official Journal of the European Communities 30. 1. 90 
Article 10 (3) is amended as follows: 
'3. Pursuant to Article 8 of Regulation (EEC) No 2052/88, the French authorities and 
the Commission shall ensure that measures to assist the FOD that are covered by 
Community support frameworks are carried out primarily through the implementation of 
operational programmes, paying due regard to the principles, of partnership and a joint 
contribution.' 
Article 11 (2) is replaced by the following new paragraph 2: 
'2. Regional trade cooperation could take the form of regional trade agreements, in 
accordance with the provisions of the Treaty. 
Moreover, common commercial promotion measures by the FOD, the OCT anct neigh­
bouring ACP States could be financed, in accordance with the methods indicated in 
paragraph 3, in a way that is coordinated and complies with the respective rules and 
responsibilities of each Fund.' 
Amendment to the proposal for a Council Decision concerning the dock dues arrangements in 
the French overseas departments (') 
(COM(89) 677 final) 
(90/C 22/07) 
RECITALS 
The third recital is amended as follows: 
'Whereas the Eleventh Council Directive 80/368/EEC of 26 March 1980 on the harmon­
ization of the laws of the Member States relating to turnover taxes excluded the OD from 
the scope of the Sixth Directive 77/388/EEC on the common system of VAT;' [19 words 
deleted] 
After the third recital, the following new recital is added: 
'Whereas each OD imposes a special charge on all goods imported into its territory, 
known as dock dues and whereas these dock dues, which originated in the 19th century, 
apply to both finished products and intermediate products coming from elsewhere, and are 
therefore a cause of discrimination and constitute an obstacle to the free movement of 
goods; 
The former fourth recital is amended as follows: 
'Whereas the dock dues [6 words deleted] at present constitute a means of support for 
local production, which has to contend with the problems of remoteness and insularity;' 
[24 words deleted] 
After the former fourth recital, the following new recital is added: 
'Whereas they also constitute a vital instrument of self-reliance and local democracy, and 
provide resources which contribute to the economic and social development of the OD;' 
(') OJ No C 39, 16. 2. 1989, p. 6.