14. 11. 90 Official Journal of the European Communities No L 314/13 1] (Acts whose publication is not obligatory) COMMISSION COMMISSION DECISION of 14 February 1990 on the Spanish draft ministerial order on logistic support for the fishing fleet in 1988 . (Only the Spanish text is authentic) (90/554/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 given formal notice to the parties concerned to submit their comments, in accordance with the first subparagraph of Article 93 (2) of the Treaty, Whereas, in the light of the following: I. Background and description — Procedure By letters from its Permanent Representation to the Euro- pean Communities dated 29 September 1988 and 30 January 1989, recorded as received by the Commission on 4 October 1988 and 1 February 1989 respectively, the Spanish Government notified the Commission, pursuant to Article 93 (3) of the EEC Treaty, of a draft ministerial order on logistic support for the fishing fleet in 1988 and supplied additional information requested by the Commission on 25 October 1988. Aid for logistic support for the fishing fleet To facilitate supplies to the Spanish fishing fleets opera- ting in distant areas and hence experiencing supply diffi- culties, the Spanish Government had allocated a budget of about ECU 750 000 for assisting supply operations for fishing vessels by means of logistic support vessels (supplying victuals, fuel, etc)). The draft order lays down the procedure for processing such aid. The aid, intended to cover up to 75 % of the costs of logistic support vessels, was to be granted by way of prio- rity to supply operations for fishing vessels which operated permanently in fishing zones where they could not obtain supplies at Community ports and which, by reason of the difficulties they experienced in obtaining “supplies at foreign ports, were obliged to resort to logistic support vessels. Owners of fishing vessels belonging to a producers’ organization recognized by Spain for deep-sea fishing would be able to submit applications for the aid in ques- tion accompanied by documentary evidence of the supply . operation involving a logistic support vessel. Applications which were approved would be eligible for partial reim- bursement by the Spanish authorities of the cost of the logistic support vessel used. The aid provided for in the abovementioned aid scheme would apply primarily to fleets of seiners and freezer- trawlers (tuna boats and cod, mollusc and crustacean fishing units). The draft concerns supplies to fishing vessels using logistic supply .vessels in ordinary circum- stances, it does not refer to emergencies. Examination by the Commission After its first examination, the Commission took the view that the aid for logistic support for the fishing fleet constituted an operating aid not requiring the beneficia- ries to provide anything in return, the result of which would be to reduce production costs. Such aid had a