28. 6. 83 Official Journal of the European Communities No L 169/35 COMMISSION DECISION of 8 February 1983 concerning aid for fuel granted to fishermen by the Belgian Government (Only the Dutch and French texts are authentic) (83/314/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, I Whereas, in accordance with Article 93 (3) of the EEC Treaty, the Belgian Government notified the Commis- sion, by letter dated 15 January 1981 from its Perma- nent Representation to the European Communities and by supplementary telex of 6 February 1981, of a draft Ministerial Order on certain measures to encourage fuel saving in sea fishing; Whereas this draft Order was implemented by Royal Decree No 81/362 of 26 February 1981 on measures to encourage fuel saving in horticulture and sea fishing ; whereas the Belgian Government thereby failed in its obligations under Article 93 (3) of the EEC Treaty ; Whereas, in the case of sea fishing, which is the only sector covered by this Decision, the Royal Decree in question provides for the granting of a premium to commercial fishermen to encourage them to save fuel ; whereas this premium is calculated and granted on a quarterly basis ; whereas it amounts to Bfrs 5 for each litre of fuel saved per hour at sea, multiplied by the number of hours spent at sea by the vessel concerned () 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. during the relevant quarter; whereas the saving is calculated in relation to a theoretical average consumption per hour at sea based solely on the gross tonnage of the vessel concerned, or to the actual average consumption of the vessel in question per hour at sea during the 12-month fishing period immediately preceding 1 January 1981, whichever is the higher; Whereas the theoretical average consumption has been calculated, statistically, on the basis of the consump- tion and tonnage of and time spent at sea by Belgian vessels in 1980 ; Whereas the premium in question is subject to a ceiling inasmuch as the saving claimed by recipients may not exceed 30 % of the theoretical hourly consumption ; Whereas the sum set aside for this aid is Bfrs 60 million ; whereas the aid is on a once-only, non- renewable basis and payment will continue until the funds are exhausted ; Whereas Ministerial Order No 81/1643 of 4 August 1981 made provision for aid applications to be filed at the end of each quarter of 1981 and not later than 1 March 1982 ; whereas, in accordance with Article 93 (3) of the EEC Treaty, the Belgian authorities notified the Commission by letters dated 12 July and 2§ August 1982 of their intention to extend the deadline from 1 March to 31 December 1982 ; Whereas the aid described above falls within the scope of Articles 92 to 94 of the 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 constituted operating aid granted with no actual reciprocal commitment on the part of recipients, 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 accor- dingly 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 31 March 1981, gave the Belgian Government formal notice to submit its comments ;