No L 169/32 Official Journal of the European Communities 28. 6. 83 COMMISSION DECISION of 8 February 1983 concerning aid to maintain maritime employment granted to fishing under- ' takings by the French Government (Only the French text is authentic) (83/313/EEC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, ' Having regard to the Treaty establishing the European Economic Community, and in particular the first subparagraph of Article 93 (2) thereof, Having regard to Council Regulation (EEC) No 100/76 of 19 January 1976 on the common organization of the market in fishery products ('), as last amended by Regulation (EEC) No 3443/80 (%), and in particular Article 26 thereof, and to Council Regulation (EEC) No 3796/81 (?), which replaced Regulation (EEC) No 100/76 with effect from 1 June 1982, and in particular Article 28 thereof, Having given notice, in accordance with the first subparagraph of Article 93 (2), to the parties concerned to submit their comments, and having regard to these comments, Whereas, in, response to a request made by the Commission on 12 October 1979, the French authori- ties, in accordance with Article 93 (3) of the EEC Treaty, informed the Commission by letter dated 21 April 1980 of the granting of aid in 1979 and 1980 to fishing undertakings in an attempt to maintain employment in coastal areas; Whereas this aid amounted, in practice, to FF 0,105 for each litre of gas-oil used ; whereas it was granted to all fishing undertakings ; whereas the sum set aside for this aid in 1979 and 1980 was FF 53 million; Whereas it emerged that this aid had been granted regularly in France since 1974 ; whereas the granting thereof in 1974 and 1975 had been authorized by the Commission ; whereas the Commission had raised no objections to its renewal in 1977 Whereas the French Government stresses that the aim of the aid in question is to mitigate the effects on the () OJ No L 20, 28. 1. 1976, p. 1. (%) OJ No L 359, 31. 12. 1980, p. 13. () O] No L 379, 31. 12. 1981, p. 1. fishing fleets of the spectacular increase in running costs, the dwindling of catches the redeployment of fishing activities and the absence of the necessary Community measures, a situation which has resulted in large-scale laying-up and which could in the long term jeopardize employment in coastal areas; Whereas the French Government has explained that the reference to fuel is used merely as a criterion for granting the aid and that the aid in question is to be considered as employment aid; Whereas the aid described above falls within the scope of Article 92 to 94 of the EEC Treaty by virtue of the Articles of Regulations (EEC) No 100/76 and (EEC) No 3796/81 referred to above; Whereas, following initial scrutiny, the Commission took the view that the aid in question, granted since 1974, was no longer temporary aid but operating aid granted with no actual reciprocal commitment on the part of the recipient, that it had a substantial direct impact on competition and trade between the Member States and that it was therefore incompatible with the common market within the meaning of Article 92 of the Treaty ; whereas it accordingly decided to initiate ~the procedure provided for in Article 93 (2) of the Treaty in respect of the above aid and, to this effect, by letter of 22 July 1980, gave the French Government formal notice to submit its comments ; Whereas, in June 1981, the Commission learned of the French Government’s intention to continue this aid after 1980 despite the procedure pending under Article 93 (2) and to double the rate; whereas, in response to a request made by the Commission on 3 and 27 July 1981, the French Government stated that the matter was still at the planning stage, and that the Commission would be notified at the appropriate time ; Whereas, in December 1981, the Commission learned that the French Government had in fact decided to double the aid in question with effect from July 1981 ; whereas, after being asked for confirmation by telex dated 22 December 1981, the French Government confirmed this information by telex dated 8 January 1982 and, in accordance with Article 93 (3) of the EEC