No L 124/48 Official Journal of the European Communities 15. 5..90 COMMISSION DECISION of 26 April 1990 amending Decision 88/121/EEC concerning the multiannual guidance programme for the fishing fleet (1987 to 1991) forwarded by France pursuant to Regulation (EEC) No 4028/86 (only the French text is authentic) (90/229/EEC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, Having regard to Council Regulation (EEC) No 4028/86 of 18 December 1986 on Community measures to. improve and adapt structures in the fisheries and aquacul- ture sector('), and in..particular Articles 4 and 5 (2) thereof, Whereas taking into account the outcome of the meetings: held with the French authorities on the progress of the multiannual guidance programme as defined by Commis- sion Decision 88/121/EEC(); Whereas it became apparent in connection with the entry into service of new fishing vessels that-a net increase in fishing capacity as expressed in-tonnage (GRT) and power (kW) had taken place in 1987 and in the first six months of 1988 ; ‘ Whereas France has forwarded, within the prescribed time limit and on the basis of a new statistical series, new parti- culars of the operational fishing fleet, defined as registered vessels, other than those laid up for more than two years, as required by Decision 88/121/EEC; Whereas the process of fleet adjustment which has now been started and the implementation by France of measures for the verification of fishing fleet capacity will: require some -time ; Whereas the Commission intends to support France’s efforts to restructure its fleet once the necessary adminis- trative or legislative measures produce results indicating that structural change is taking place as planned and lead to the attainment of the objectives laid down by Decision 88/121/EEC by 31 December 1991 ; Whereas, in-order to administer derogations from the: - principle that State aid in the fisheries sector is incompa- () OJ No L 376, 31. 12. 1986, p. 7. () OJ No L 62, 8. 3. 1988, p. 21. tible with the common market, the Commission has adopted guidelines for the examination of national aid in the fisheries sector (%); Whereas the measures provided for in this Decision are in accordance with the opinion of the Standing Committee for the Fishing Industry, HAS ADOPTED THIS DECISION : Article 1 Decision 88/121/EEC is hereby amended as follows : 1. The second paragraph of Article 3 is replaced by the following : ‘The Commission shall, on the basis of its assessment of the information provided on a regular basis as speci- fied in Article 2 or, where this information is not supplied, inform the Member State, where appropriate, at the end of one six-month period, that it has been found that the conditions to which approval of the programme was made subject have not been fulfilled.” 2."The Annex is replaced by the Annex hereto. Article 2 This Decision is addressed to the French Republic: - Done at Brussels, 26 April 1990. For the Commission Manuel MARIN Vice-President . () OJ No C 313, 8. 12. 1988, p. 21.