14. 3. 90 Official Journal of the European Communities No L 66/27 COMMISSION DECISION of 9 February 1990 amending Decision 88/149/EEC on the multiannual guidance programme for the fishing fleet (1987 to 1991) forwarded by Spain pursuant:to Regulation (EEC) No 4028/86 (only the Spanish text is authentic) (90/108/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 the outcome of the meetings held with the Spanish authorities on the progress of the multiannual guidance programme as defined by Commission Decision 88/149/EEC (3) has been taken into account; Whereas on the entry into service of new fishing vessels it became apparent 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, partly as a result of new construction - authorizations issued before accession ; Whereas the progress of fleet adjustment which has now been started and the implementation by Spain of measures for the effective control of fishing fleet capacity will require some- time ; Whereas the Commission intends te support Spain’s efforts to restructure its fleet when the administrative or legislative measures taken show results which confirm that structural change is taking-place as planned and which will lead to achievement of the objectives set by Decision 88/149/EEC by 31 December 1991 at the latest ; Whereas, to deal with derogations from the principle that State aid in the fisheries sector is incompatible with the common market, the Commission has adopted guidelines ()°0J No L 376, 31. 12. 1986, p. 7. () OJ No L 70, 16. 3. 1988, p. 27. 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 88/149/EEC is amended as follows : 1. Article 3, second p#mgraph, is replaced by the follow- ing: ‘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 Kingdom of Spain. Done -at Brussels, 9 February 1990. For the Commission Manuel MARIN Vice-President- () OJ No C 313, 8. 12.-1988, p. 21.