Commission Regulation (EC) No 794/2004Dangos y teitl llawn

[F1 [X1 PART III.12.D U.K. SUPPLEMENTARY INFORMATION SHEET ON AID TO COMPENSATE FOR HANDICAPS IN CERTAIN AREAS

This form must be used for the notification of aid aiming to compensate for natural handicaps in certain areas, which is dealt with in point IV.D. of the Community Guidelines for State aid in the agriculture and forestry sector 2007 to 2013 (1) .

1. Questions relevant for all notifications of aid to compensate for handicaps in certain areas U.K.

1. Describe the handicap in question: U.K.

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2. Provide proof that the amount of compensation to be paid avoids any overcompensation to farmers of the effect of the handicaps: U.K.

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3. If there are areas of handicaps where the average impact of handicaps per hectare of comparable farms differs, demonstrate that the level of compensatory payments is proportionate to the economic impact of the handicaps in the different areas: U.K.

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4. Is it within human control to reverse the economic impact of the permanent handicap? U.K.

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yes

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no

If yes, please note that only the economic impact of permanent handicaps that lie outside of human control may be taken into account for calculating the amount of compensatory payments. Structural disadvantages open to improvement through modernisation of farms or factors like taxes, subsidies or the implementation of the CAP reform may not be taken into account.

If no, explain why it is outside human control to reverse the economic impact of the permanent handicap:

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Could you specify the size of the farms that will benefit from these payments?

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5. Is the amount of compensation established by comparing the average income per hectare of farms in areas with handicaps with the income of same-sized farms producing the same products in areas without handicaps situated in the same Member State, or when a whole Member State is considered as consisting of areas with handicaps, with the income of same-sized farms in similar areas in other Member States in which the production conditions can be meaningfully compared to those in the first Member State? The income to be taken into account in this respect shall be direct income from farming and notably leave aside taxes paid or subsidies received. U.K.

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yes

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no

Describe how the comparison was made:

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6. Is the aid measure combined with support under Articles 13, 14 and 15 of the Council Regulation (EC) No 1257/1999 (2) ? U.K.

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yes

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no

7. Can you confirm that the total support granted to the farmer will not exceed the amount determined in accordance with Article 15 of Regulation (EC) No 1257/1999? U.K.

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yes

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no

Specify the amount ……………………………………………………..

If no, please note that, according to point 72 of the Agricultural Guidelines, the maximum aid that can be granted in the form of compensatory allowance cannot exceed the above amount.

8. Does the measure provide that the following eligibility criteria must be fulfilled? U.K.

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Farmers are required to farm a minimum area of land (please specify the minimum area)

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Farmers must undertake to pursue their farming activity in a less-favoured area for at least five years from the first payment of a compensatory allowance;

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Farmers must apply the relevant mandatory standards established pursuant to Articles 4 and 5 of, and Annexes III and IV to, Regulation (EC) No 1782/2003 (3) as well as minimum requirements for fertiliser and plant protection product use and other mandatory requirements established by national legislation and identified in the rural development programme

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yes

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no

9. Does the measure provide that, in the event of obstruction on the part of the owner or holder of the animals when inspections are being carried out and the necessary samples are being taken in application of national residue-monitoring plans, or when the investigations and checks provided for under Directive 96/23/EC are being carried out, the penalties provided for under question 4 shall apply? U.K.

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yes

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no

10. In case of aid schemes still in force at the date of the entry into force of Articles 37 and 88(3) of Council Regulation (EC) No 1698/2005 (4) , will the aid scheme be amended to comply with the provisions of those articles as from that date? U.K.

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yes

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no

If no, please note that from the entry into force of Articles 37 and 88 (3) of the abovementioned regulation new rules will be applied to measures aiming to compensate for natural handicaps in certain areas and that aid measures that do not fulfil all the criteria of these Articles and any implementing rules adopted by the Council or the Commission will have to be put to an end.

2. Other Information U.K.

Is documentation demonstrating that the State aid fits into and is coherent with the relevant Rural Development plan attached to the notification?

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yes

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no

If yes, please provide that documentation hereunder or in an annex to this supplementary information sheet

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If no, please note that this documentation is requested in conformity with point 26 of the agricultural guidelines] ]

Editorial Information

X1 Substituted by Corrigendum to Commission Regulation (EC) No 1935/2006 of 20 December 2006 amending Regulation (EC) No 794/2004 implementing Council Regulation (EC) No 659/1999 laying down detailed rules for the application of Article 93 of the EC Treaty (Official Journal of the European Union L 407 of 30 December 2006).

Textual Amendments

F1 Substituted by Commission Regulation (EC) No 1935/2006 of 20 December 2006 amending Regulation (EC) No 794/2004 implementing Council Regulation (EC) No 659/1999 laying down detailed rules for the application of Article 93 of the EC Treaty.

(1)

[F1 [X1 OJ C 319, 27.12.2006, p. 1 .] ]

(2)

[F1 [X1 Council Regulation (EC) No 1257/1999 of 17 May 1999 on support for rural development from the European Agricultural Guidance and Guarantee Fund (EAGGF) and amending and repealing certain Regulations;  OJ L 160, 26.6.1999, p. 80 .] ]

(3)

[F1 [X1 Council Regulation (EC) No 1782/2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support scheme for farmers ( OJ L 270, 21.10.2003, p. 1 ).] ]

(4)

[F1 [X1 Council Regulation (EC) No 1698/2005 of 20 September 2005 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD); ( OJ L 277, 21.10.2005, p. 1 ).] ]

Editorial Information

X1 Substituted by Corrigendum to Commission Regulation (EC) No 1935/2006 of 20 December 2006 amending Regulation (EC) No 794/2004 implementing Council Regulation (EC) No 659/1999 laying down detailed rules for the application of Article 93 of the EC Treaty (Official Journal of the European Union L 407 of 30 December 2006).

Textual Amendments

F1 Substituted by Commission Regulation (EC) No 1935/2006 of 20 December 2006 amending Regulation (EC) No 794/2004 implementing Council Regulation (EC) No 659/1999 laying down detailed rules for the application of Article 93 of the EC Treaty.