Commission Regulation (EC) No 1125/2009Dangos y teitl llawn

ANNEX I

‘PART III.2

SUPPLEMENTARY INFORMATION SHEET ON STATE AID FOR TRAINING

This supplementary information sheet must be used for the notification of individual aid pursuant to Article 6(1)(g) of Commission Regulation (EC) No 800/2008(1) and covered by the Criteria for the compatibility analysis of training State aid cases subject to individual notification (thereinafter “Criteria for the compatibility analysis”)(2). It must also be used in the case of any individual aid or scheme, which is notified to the Commission for reasons of legal certainty.

If there are several beneficiaries participating in the notified project, please provide the information below for each of them.

COMPATIBILITY OF AID UNDER ARTICLE 87(3)(c) OF THE EC TREATY — DETAILED ASSESSMENT

Aid for training may be considered to be compatible with the common market pursuant to Article 87(3)(c) of the EC Treaty.

The purpose of this detailed assessment is to ensure that high amounts of aid for training do not distort competition to an extent contrary to the common interest, but rather contribute to the common interest. This happens when the benefits of State aid in terms of positive knowledge spill-over outweigh the harm for competition and trade.

The provisions below provide guidance as to the type of information the Commission may require in order to carry out a detailed assessment. The guidance is intended to make the Commission’s decisions and their reasoning transparent and foreseeable in order to create predictability and legal certainty. Member States are invited to provide all the elements that they consider useful for the assessment of the case.

If there are several beneficiaries involved in the project notified as individual aid, please provide the information below for each of them.

Characteristics of the notified measure

1. Please provide a brief description of the measure specifying objective(s) of the measure, aid instrument, structure/organisation of the training, beneficiaries, budget, aid amount, payment schedule, aid intensity, and eligible costs.

2. Does the measure apply to the production and/or processing and/or marketing of the agricultural products listed in Annex I to the EC Treaty?



yes



no

3. Does the measure apply to the production, processing and/or marketing of the fisheries and/or aquaculture products listed in Annex I to the EC Treaty?



yes



no

4. Is the aid foreseen for the maritime transport sector?



yes



no

If yes, please answer the following questions:

(a)

Is the trainee not an active member of the crew but a supernumerary on board?



yes



no

(b)

Shall the training be carried out on board of ships entered into Community registers?



yes



no

5. Does the notified measure relate to:

• Specific training(3):

  

  yes

  

  no

• General training(4):

  

  yes

  

  no

• A combination of general and specific training:

  

  yes

  

  no

• Training aid given to disabled or disadvantaged workers(5):

  

  yes

  

  no

6. Please provide a detailed description of the training project including programme, skills to be acquired, timing, number of hours, participants, organisers, budget, etc.

7. Please provide details on the beneficiary including identity, group of which the beneficiary is a member, annual turnover, number of employees and business activities.

8. If applicable, please indicate the exchange rate which has been used for the purposes of the notification.

9. Please number all documents provided by the Member States as annexes to the notification form and indicate the document numbers in the relevant parts of this supplementary information sheet.

Objective of the aid

10. Please give a detailed description of the objectives of common interest pursued by the notified measure.

Existence of positive externalities (6)

11. Please demonstrate that the training will generate positive externalities and provide the supporting documents.

The following elements may be used for the purposes of demonstrating positive externalities. Please specify those relevant for the notified measure, and provide supporting documents:



Nature of the training



Transferability of the skills acquired during the training



Participants to the training

Appropriate instrument(7)

12. Please explain to what extent the notified measure represents an appropriate instrument to increase training activities and provide the supporting documents.

Incentive effect and necessity of the aid(8)

In order to demonstrate the incentive effect, the Commission requires an evaluation by the Member State in order to prove that without the aid, i.e. in the counterfactual situation, the quantity or quality of the training activities would be smaller.

13. Has/have the supported project(s) started prior to the submission of the application for the aid by the beneficiary/beneficiaries to the national authorities?



yes



no

If yes, the Commission considers that the aid does not present an incentive for the beneficiary.

14. If no, specify the relevant dates:

The training project will start on:

The aid application by the beneficiary was submitted to the national authorities on:

Please provide the relevant supporting documents.

15. Please provide the beneficiary’s internal documents on training costs, participants, content and scheduling for two scenarios: training project with aid and training project without aid. Please explain, on the basis of this information, how State aid increases the quantity and/or quality of the planned training activities.

16. Please confirm that there is no legal obligation for the employers to provide the training type covered by the notified measure.

17. Please provide with the beneficiary’s training budgets for previous years.

18. Please explain the relationship between the training programme and business activities of the aid beneficiary.

Proportionality of the aid(9)

Eligible costs

Eligible costs must be calculated following Article 39 of Regulation (EC) No 800/2008 and limited to the extra costs necessary to achieve an increase of training activities.

19. Please specify the eligible costs foreseen for the measure



trainers’ personnel costs



trainers’ and trainees’ travel expenses, including accommodation costs



other current expenses such as materials and supplies directly related to the project



depreciation of tools and equipment, to the extent that they are used exclusively for the training project



cost of guidance and counselling services with regard to the training project



indirect costs (administrative, rent, overheads), transport and tuition costs for participants) up to the amount of the total of the other eligible costs referred to above



trainees’ personnel costs(10).

20. Please provide a detailed calculation of the eligible costs of the notified measure ensuring that the eligible costs are limited to the part of extra costs necessary to achieve an increase of quality or quantity of training activities.

21. Please provide evidence that the aid is limited to the minimum, i.e. to the part of the extra costs of the training that the company cannot recover by benefiting directly from the skills acquired by its employees during the training.

Aid intensities for general training

22. Please specify the aid intensity applicable to the notified measure.

23. Is the general training under the notified measure given to disabled or disadvantaged workers?



yes



no

24. Nature of the beneficiary:

Large enterprise		yes		no
Medium-sized enterprise		yes		no
Small enterprise		yes		no

Aid intensities for specific training

25. Please specify the aid intensity applicable to the notified measure.

26. Is the specific training under the notified measure given to disabled or disadvantaged workers?



yes



no

27. Nature of the beneficiary

Large enterprise		yes		no
Medium-sized enterprise		yes		no
Small enterprise		yes		no

Analysis of the distortion of competition and trade(11)

28. Please specify whether the beneficiary received training aid in the past and provide details on the previous aid (dates, amount of aid, and duration of training projects).

29. Please specify the annual training costs of the beneficiary (total training budget for the last three years, proportion of training costs in relation to total costs) and explain how the aid affects the beneficiary’s costs (e.g. percentage of annual training costs and total costs covered by the aid, etc.).

30. Please specify the relevant product and geographic markets on which the beneficiary is active and on which the aid is likely to have an impact.

31. For each of these markets please provide:

• market concentration ratio,

• market share of the beneficiary,

• market shares of the other companies present in these markets.

32. Please describe the structure and competitive situation on the relevant markets and provide supporting documents (e.g. barriers to entry and exit, product differentiation, character of the competition between market participants, etc.).

33. Please describe the features of the sector where the beneficiary is active (e.g. importance of the trained workforce for the business, existence of overcapacity, financing strategies of training for competitors, etc.).

34. If relevant, please provide information on the effects on trade (shift of trade flows).

CUMULATION

35. Is the aid granted under the notified measure combined with other aid?



yes



no

If yes, please describe the rules on cumulating aid applicable to the notified aid measure:

OTHER INFORMATION

36. Please indicate here any other information you consider relevant to the assessment of the measure(s) in concerned.’

(1)

Commission Regulation (EC) No 800/2008 of 6 August 2008 declaring certain categories of aid compatible with the common market in application of Articles 87 and 88 of the Treaty (General block exemption Regulation) (OJ L 214, 9.8.2008, p. 3).

(2)

OJ C 188, 11.8.2009, p. 1.

(3)

As defined in Article 38 of Regulation (EC) No 800/2008.

(4)

As defined in Article 38 of Regulation (EC) No 800/2008.

(5)

As defined in Article 2 of Regulation (EC) No 800/2008.

(6)

Cf. Criteria for the compatibility analysis, Section 2.1.

(7)

Cf. Criteria for the compatibility analysis, Section 2.2.

(8)

Cf. Criteria for the compatibility analysis, Section 2.3.

(9)

Cf. Criteria for the compatibility analysis, Section 2.4.

(10)

As regards the trainees’ personnel costs, only the hours during which the trainees actually participate in the training, after deduction of any productive hours, may be taken into account.

(11)

This section does not apply to measures of less than EUR 2 provided the question 10.3 in Part I of this Annex is duly completed.’