No L 227/50 Official Journal of the European Communities 14. 8. 87 COMMISSION DECISION of 11 February 1987 . on a Regional Law providing for special measures for sea fishing in Sicily introduced by the Italian Government (Only the Italian text is authentic) (87/419/EEC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, and in particular the first subpara- graph of Article 93 (2) thereof, Having regard to Council Regulation (EEC) No 3796/81 of 29 December 1981 on the common organization of the market in fishery products (*), as amended by the Act of * Accession of Spain and Portugal, and in particular Article 28 thereof, Having regard to Council Directive 83/515/EEC of 4 October 1983 concerning certain measures to adjust capacity in the fisheries sector (), as amended by Direc- tive 85/590/EEC (), and in particular Article 12 thereof, Having given notice, in accordance with the provisions of the first subparagraph of Article 93 (2) of the EEC Treaty, to the parties concerned to submit their comments (), and having regard thereto, Whereas : Background and description Procedure By letter from its Permanent Representation to the Euro- pean Communities of 3 June 1983, the Italian Govern- ment notified the Commission, pursuant to Article 93 (3) of the EEC Treaty, of a draft Sicilian Regional Law providing for special measures for sea fishing. That draft provided for a subsidy per grt to Sicilian fishermen for 1983. By letters of 6 April, 13 July and 6 August 1984, the | Italian Government notified the Commission, pursuant to Article 93 (3) of the EEC Treaty, of a draft Sicilian Regi- onal Law on aid in the cooperation, trade, craft industry - and fisheries sectors. Among the aid measures provided for by that draft Law is the extension of the special measures for sea fishing in the form of an aid per gross register tonne for 1984. () OJ No L 379, 31. 12. 1981, p. 1. % O] No L 290, 22. 10. 1983, p. S. OJ No L 372, 31. 12. 1985, p. 49. () OJ No C 241, 10. 9. 1983, p. 4; OJ No C 331, 11. 12. 1984, . p- 2; OJ No C 315, 6. 12. 1985, p. 3. - By letters of 8 January, 30 April and 2 August 1985, the Italian Government notified the Commission, pursuant to Article 93 (3) of the EEC Treaty, of a further draft Law providing for special measures in the sea fisheries sector. This new draft Law amends the former Law by replacing the aid per grt by aid for the temporary laying-up of vessels, based on Directive 83/515/EEC. Aid per gross register tonne to Sicilian fishermen This is direct aid related to the total number of grt of the vessel. The subsidy is limited to Lit 400 000 per grt for vessels of no more than 70 grt, to Lit 380 000 per grt for vessels of between 71 and 150 grt, and to Lit 370 000 per grt for vessels of more than 150 grt. To obtain the whole subsidy, one must have at least 26 days or 156 hours of fishing during a two-month period. Below that figure, the subsidy is reduced proportionately. No condition has been laid down regarding the utilization of such aid. The sum set aside for the purpose in 1983 was Lit 25000 million. ‘ The Italian Government has justified the grant of this aid by the serious crisis in the sector in question. It states that despite the introduction of structural measures in Sicily (%), © special measures are necessary to safeguard employment in the fisheries sector. Furthermore, Commission Deci- sion 83/246/EEC (¢), outlawing the aid for fuel, forced the Italian Government to contemplate another type of aid meeting directly the needs of fishermen in difficulty. Provision was made for the refinancing of that aid for 1984 under the same conditions as before. Aid for the temporary laying-up’ of vessels This scheme, introduced for three years, provides for the grant of a laying-up premium in respect of the days when the vessel is laid up, calculated on the basis of 12 % of the market value of the vessel provided that the vessels. are engaged in fishing for a period of at least 120 days per year, that the period during which they are laid up is at least equal to 45 days, which may be consecutive or not, combined with a technical laying-up period of 52 days in 1985, 82 days in 1986 and 115 days from 1987. The value of the vessels is calculated on the basis of an estimate of () Law No 5 of 13 March 1975, and Law No 1 of 4 January 1980. (9 OJ No L 137, 26. 5. 1983, p. 28.