No L 66/4 Official Journal of the European Communities 14. 3. 90 COMMISSION DECISION of 9 February 1990 amending Decision 88/139/EEC on the multiannual guidance programme for the fishing fleet (1987 to 1991) forwarded by Germany pursuant to Regulation (EEC) No 4028/86 (Only the German text is authentic) (90/102/EEC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, Having regard Ato 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 the results of meetings with the German autho- rities about the progress of the multiannual guidance programme  established in Commission Decision 88/139/EEC () have been taken into account; Whereas the process of fleet adjustment which has been started and the implementation of measures by Germany for the effective control of fishing fleet capacity requires some time ; Whereas particularly the distant water fleet has been subject to a fundamental restructuring process and whereas the fishing activities of the distant water fleet are mainly carried out in non-Community waters ; Whereas the Commission intends to support - efforts at improvement made by Germany as soon as the adminis- trative or regulatory measures undertaken appear to show results which confirm that the structural evolution of the fleet is oriented towards and-will lead to achievement of the objectives set for not later than 31 December 1991 by Decision 88/139/EEC; Whereas in order to administer the derogations to: the principle of incompatibility of State aid with the common () OJ No L 376, 31. 12. 1986, p. 7. () OJ No L 67, 12. 3. 1988, p. 14. 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 88/139/EEC is amended as follows : 1. Article 3, second ‘paragraph, is replaced by the following : N ‘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, if necessary, 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 Pederal Republic of - Germany. Done at Brussels, 9 February 1990. For the Commission Manuel MARIN Vice-President () OJ No C 313, 8. 12. 1988, p. 21.