31.12.86 Official Journal of the European Communities No L 376/7 COUNCIL REGULATION (EEC) No 4028/86 of 18 December 1986 on Community measures to improve and adapt structures in the fisheries and aquaculture sector THE COUNCIL OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, and in particular. Articles 42 and 43 thereof, Having regard to the Act of Accession of Spain and Portugal, and in particular Article 155 thereof, Having regard to the proposal from the Commission (1), - Having regard to the opinion of the European Parliament (2), Whereas the common measure for restructuring, modernizing and developing the fishing industry and for developing aquaculture, introduced by Regulation (EEC) No 2908/83 (3), as. amended - by - Regulation (EEC) No 3733/85 (%), the measures to encourage exploratory fishing and cooperation through joint ventures in the fishing sector, introduced by Regulation (EEC) No 2909/83 (%), as amended by Regulation (EEC) No 3727/85 (¢) and the measures to adjust capacity in the fishing sector, introduced by Directive 83/515/EEC (7), as amended by Directive 85/590/EEC (8), expire at the end of 1986; Whereas- the continued improvement- of the structural situation in the sector is indispensablé-for the development of a common fisheries policy and thus constitutes: one means of achieving in this sector the aims of Article 39 (1) (a), (b) and (d) of the Treaty; whereas, therefore, the structural measures to bring: about such improvement must be based on a Community approach and on Community criteria; Whereas experience has shown the value of bringing the various structural measures together within a- single legislative framework applicable for a sufficiently long period for the establishment of a stable and durable policy; (1) OJ No C 279, 5.11. 1986, p. 3. (2) O] No C 322, 15. 12. 1986. (*) OJ No L 290, 22. 10. 1983, p. 1. (*) O No L 361, 31. 12. 1985, p. 78. (5) OJ No L 290, 22. 10. 1983, p. 9. (¢) O] No L 361, 31. 12. 1985, p. 56. (7) O] No L 290, 22. 10. 1983, p. 15. (!) O] No L 372, 31. 12. 1985, p. 49. whereas, therefore, provision should also be made so that such measures can receive Community financial assistance within the framework of a multiannual budget allocation; Whereas the basic guidelines of the new structural policy for the fisheries sector must not only take account of the results achieved and the experience gained in the past but must also be defined in terms of the new circumstances. obtaining in the sector, which has become more important - following the accession of Spain and Portugal to the Community ; whereas, in view of this new situation, the structural policy must be primarily concerned with the ‘balanced exploitation of internal resources in Community waters; whereas, moreover, since the Community has a deficit in fish products, it must endeavour to find new sources of supply, in ‘particular by increasing its fishing possibilities and by extending its activities in the aquaculture sector; whereas, moreover, in line with the provisions of Article 39 (2) of the Treaty, the structural policy must take broad account of the economic and social environment, in the fishing industry and must be capable of adjustment, where necessary, in the light of the diversity or seriousness of certain structural problems at regional level; ’ Whereas the - considerations outlined above and the operating conditions in the fisheries sector mean that any structural - policy organized at Community level and - supported with public funds should be pursued with a view to ensuring the proper functioning of the common fisheries policy as a whole; whereas, however, this support could be more effective if provisions were made for forms of financing -more suited to the various specific situations within the sector and facilitating the access of operators to investment capital whilst improving the economic reliability of undertakings; whereas, moreover, such new forms of aid would strengthen the impact of Community measures and should therefore be given priority; Whereas structural measures must as far as possible be implemented . within the framework of multiannual guidance programmes ensuring, in respect of each Member State, that the -Community measures are consistent with national measures and that the latter are compatible with the objectives of the common policy; whereas such programmes must be compatible with the objectives and instruments of regional policy; whereas such programmes must include an in-depth analysis of the situation in each Member State, so that the Commission can assess the overall structural situation at the outset, and forecasts for the development of production capacity in the medium