2003/611/EC: Commission Decision of 3 June 2003 on the Orkney Islands Council track-record scheme (notified under document number C(2003) 1686)

• Articles: 3

Article 1

The aid scheme entitled "Orkney Islands Council Track Record Scheme", implemented by the United Kingdom, is not compatible with the common market.

The United Kingdom shall abolish the aid scheme referred to in the previous paragraph.

Article 2

The United Kingdom shall inform the Commission, within a period of two months from the receipt of this Decision, of the measures it has taken to comply with it.

Article 3

This Decision is addressed to the United Kingdom of Great Britain and Northern Ireland.

Done at Brussels, 3 June 2003.

For the Commission

Franz Fischler

Member of the Commission

(1) OJ L 83, 27.3.1999, p. 1.

(2) OJ C 38, 12.2.2002, p. 2.

(3) Council Regulation (EEC) No 3759/92 of 17 December 1992 on the common organisation of the market in fishery and aquaculture products (OJ L 388, 31.12.1992, p. 1).

(4) OJ C 100, 27.3.1997, p. 12.

(5) See recital 27.

(6) See recital 7.

(7) House of Commons, Agriculture Committee, Eighth Report (1999) "Sea Fishing", Vol. I; see points 77 to 94, and in particular, for the prices quoted, point 83.

(8) See recital 20.

(9) See recitals 26 to 29 and 33.

(10) See recitals 40 and 46.

(11) See recital 30.

(12) OJ L 337, 30.12.1999, p. 10.

(13) Section 69:

"1. If in respect of any financial year the monies received by the Council on account of the revenue of the undertaking exceed the monies expended or applied by the Council in respect thereof, the Council may in respect of that year apply out of the County fund and carry to the credit of a reserve fund in respect of the undertaking such a sum as they consider reasonable not exceeding the amount of such excess.

2. Any monies for the time being standing to the credit of the reserve fund may be invested in securities in which trustees are for the time being authorised to invest trust monies including any debenture stocks or other security created by the Council.

3. Any reserve fund provided under this section may be applied: a) in making good to the County fund any deficiency at any time arising in the income of the Council from the undertaking [harbour undertaking] or, b) in meeting any extraordinary claim or demand at any time arising against the Council in respect of the undertaking, or, c) for defraying any expenditure in connection with the undertaking for which capital is properly applicable, or in providing money for repayment of loans (but not in making annual payment required to be made in respect of loans), or, d) for defraying expenditure to be incurred from time to time in repairing, maintaining, replacing and renewing any buildings, works, plant, vessel, equipment or article forming part of the undertakings, or, e) for any other purpose which in the opinion of the Council is solely in the interests of the County or its inhabitants."

(14) See recital 34.

(15)

"2. Payments: 2.1.... the Pipeline Group shall ... make payment to the Council of the following sums: ...;

4. Force majeure: If due to any act of God, war, ...the Pipeline Group are unable to ship from the Terminal a sufficient quantity of crude oil during any quarter and thereby incur liability for the minimum payment under sub-clause 2.3 hereof, the payment ... shall nevertheless be restricted to a sum calculated by reference..

5. Renegotiation: The parties recognise that the payments set out in this agreement have been agreed as fair and equitable in the light of the circumstances as presently known or anticipated by the parties. If, in the future, there should be any change in the circumstances.... they will meet and renegotiate the parts of this agreement so affected in good faith, in order, so far as possible, to restore the parties affected to their original position and, in the event of the parties thereafter failing to reach agreement, the matters in dispute between them shall be referred to arbitration in accordance with Clause 6.

6. Arbitration: Any reference or dispute between the parties hereto which may arise.... shall be determined by an arbiter appointed by the Sheriff of the Grampians, Highlands and Islands and the decision of such arbiter shall be final and binding on the parties.

7. Applicable law: The construction, validity and performance shall be governed by Scots law."

(16) See recital 10.

(17) See recitals 28 and 32.

(18) At the time of the setting up of the scheme, this common organisation of markets was regulated by Council Regulation (EC) No 3759/92 of 17 December 1992 (OJ L 388, 31.12.1992, p. 1), which was replaced on 1 January 2001 by Council Regulation No 104/2000 of 17 December 1999 (OJ L 17, 21.1.2000, p. 22).

(19) See recital 19.

(20) See recital 35.

(21) Available on the website http://www.defra.gov.uk/

(22) See recital 31.

(23) OJ C 19, 20.1.2001, p. 1.

(24) See footnote 4.

(25) As specified in point 4.2 of the agreement between OIC and OFA. See recital 14.

(26) OJ C 288, 9.10.1999, p. 2.

(27) Council Regulation (EC) No 1260/1999 of 21 June 1999 laying down general provisions on the Structural Funds, OJ L 161, 26.6.1999, p. 1.

(28) OJ L 376, 31.12.1986, p. 7.

(29) See recitals 34 and 55.