COMMISSION DECISION of 22 March 1994 on the selection criteria to be adopted for investments for improving the processing and marketing conditions for agricultural and forestry products and repealing Decision 90/342/EEC (94/173/EC)
THE  COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 866/90 of 29 March 1990 on improving the processing and marketing conditions for agricultural products (1), as last amended by Regulation (EC) No 3669/93 (2), and in particular Article 8 (3) thereof,
Whereas Council Regulation (EEC) No 867/90 of 29 March 1990 on improving the processing and marketing conditions for forestry products (3) extends the measure introduced by Regulation (EEC) No 866/90 to cover forestry products;
Whereas on 7 June 1990 the Commission adopted Decision 90/342/EEC on the selection criteria to be adopted for investments for improving the processing and marketing conditions for agricultural and forestry products (4);
Whereas the selection criteria drawn up pursuant to Article 8 of Regulation (EEC) No 866/90 in accordance with the Community's policy guidelines are intended to ensure that the investments financed are consistent with the health and plant-health rules,  the Community rules on the quality of agricultural products and foodstuffs and the agricultural markets policies and to determine the categories of investments to be given priority for a grant from the Fund or to be excluded from Community aid;
Whereas, as a result of the reform of the common agricultural policy, the selection criteria should be adjusted and the provisions in force should be recast in the interests of clarity;
Whereas the selection criteria may be adjusted later in line with market developments in the different sectors; whereas, particularly in the case of markets which have yet to be reformed, such criteria should, if appropriate and necessary, be revised to  take account of decisions taken in the context of such reforms of common organizations of the market; whereas the application of the criteria should also take account of the duly justified specific needs of certain local productions;
Whereas Council Regulation (EEC) No 2052/88 of 24 June 1988 on the tasks of the Structural Funds and their effectiveness and on coordination of their activities between themselves and with the operations of the European Investment Bank and the other  existing financial instruments (5), as amended by Regulation (EEC) No 2081/93 (6), lays down the different objectives of the Community structural policy, Objective 1 of which takes specific account of the regions whose development is lagging behind;  whereas provision should be made for certain criteria specific to Objective 1 regions and for the possibility of ad hoc derogations for the remotest regions to take account of the special conditions in those regions;
Whereas the selection criteria reflect the guidelines of the common agricultural policy; whereas these criteria must therefore be applied consistently to all decisions approving the granting of assistance from a Community Fund to investments to improve  the processing and marketing conditions for agricultural and forestry products;
Whereas the Committee on Agricultural Structures and Rural Development has not delivered an opinion within the time limit set by its chairman,
1. The Community's selection criteria for investments eligible for Community assistance under Regulations (EEC) No 866/90 and (EEC) No 867/90 are set out in the Annex hereto.
2. These criteria might be the subject of ad hoc derogations to be decided in the framework of the implementation of specific measures approved by the Council for the remotest regions or, in the case of refrigeration units, for the Aegean islands.
Decision 90/342/EEC is hereby repealed.
This Decision is addressed to the Member States.