31990A0076

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COMMISSION OPINION

of 12 February 1990

addressed to the Portuguese Government concerning the implementation of Council Directive 79/116/EEC concerning minimum requirements for certain tankers entering or leaving Community ports, and Council Directive 79/1034/EEC amending Council Directive 79/116/EEC

(90/76/EEC)

1. By letter of 25 July 1988, the Office of the Permanent Representative of Portugal to the European Communities forwarded to the Commission pursuant to Article 3 of Council Directives 79/116/EEC (1) and 79/103/EEC (2), Decreto-Lei No 142/88 of 22 April 1988 concerning the minimum requirements for certain tankers entering or leaving Portuguese ports.

2. The Commission must point out that, despite its obligations under Article 3 of both Directives, the Portuguese Government submitted the text of the Decreto-Lei to the Commission for consultation after it had been adopted and not, as provided for in the Directives, before it was adopted.

3. After having examined the Decreto-Lei, the Commission observes that item C of the model tanker check list does not provide for a classification certificate and that likewise the next under item D does not comply with the Portuguese version of the Directive as regards the wording 'Total number of ratings.'

4. In view of the fact that the other measures adopted satisfy the requirements of the Directives, subject to the amendment of the points mentioned in (3) above, the Commission hereby delivers a favourable opinion.

Done at Brussels, 12 February 1990.

For the Commission

Karel VAN MIERT

Member of the Commission

(1) OJ No L 33, 8. 2. 1979, p. 33.

(2) OJ No L 315, 11. 12. 1979, p. 16.