30.12.89 Official Journal of the European Communities No L'399/39 COUNCIL DECISION of 22 December 1989 cstablishihg a programme of options specific to the remote and insular nature of the French overseas. departments (Poseidom) (89/687/EEC) THE COUNCIL OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, and in partlcular Articles 227 (2)and 235 thereof, Having regard to the proposal from the Commission (1), ) Having' regard to the opinion of the European Parliament (2), Having regard to the opinion of the Economic and Social Committee (3), Whereas Article 227 (2) of the Treaty stipulates that the institutions of the Community will, within the framework of the procedures provided for in this Treaty, take care that the economic and social development of the French overseas departments is made possible; whereas, therefore, it is appropriate to introduce a multiannual and multisectoral programme, the better-to attain this objective; whereas, in the case in point, the Treaty has not provided the powers required for the adoption of this Decision and it is therefore appropriate to have recourse to Article 235 of the Treaty; Whereas the French overseas departments, 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 size, 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 French overseas departments from that of the other Community regions, particular in the area of unemployment, the level of which is among the highest in the Community and primarily affects young people; Whereas the Community authorities have repeatedly shown their solidarity with the French overseas departments, whether through assistance from Community funds or by taking their specific nature into account in applying Community rules; whereas the European Parliament stated (1) OJ No C 53, 2. 3.1989, p. 12. (2) Opinion delivered on 14 December 1989 (not yet published in the Official Journal). : (*) O] No C 159, 26. 6. 1989, p. 56. in its resolution of 11 May 1987 on the regional problems of the French overseas departmerits that it was convinced ‘that the serious situation which exists in the French overseas departments justifies, and makes it imperative to pursue, economic and social development in various sectors’ and - called on the Community authorities to implement a broad range of highly diverse operations; . Whereas the special constraints on the French overseas departments make it necessary to step up Community support. in- order to promote their economic and social development; whereas such support should be forthcoming immediately in order to facilitate the integration of their economies in the 1993 internal market; Whereas the French overseas departments form an integral part of the Community pursuant to Article 227 of the Treaty, 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 French overseas departments, 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 French overseas departments are located in- developing regions which lie in tropical latitudes; whereas any operation concerning these departments 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 recognizing 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 French overseas departments in line: with those which will become the norm in the Community as a whole, whilée enabling the departments to catch up with the average Community economic and social level; Whereas' Community rules must be adopted to the need to protect the environment and natural resources to take account of the fragile nature of island territories and of their being particularly vulnerable to the i mcreasmg pressures of tourism; Whereas attainment of these objectives may mean that general Community rules will have to be adjusted in so far as they do not take sufficiently into account the features peculiar to the French overseas department; whereas a coordinated approach should therefore be adopted in the framework of a comprehensive programme of operations;