Commission Regulation (EC) No 794/2004 of 21 april 2004 implementing Council Regulation (EC) No 659/1999 laying down detailed rules for the application of Article 93 of the EC Treaty

Changes over time for: Commission Regulation (EC) No 794/2004

Version Superseded: 16/04/2009

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Commission Regulation (EC) No 794/2004

of 21 april 2004

implementing Council Regulation (EC) No 659/1999 laying down detailed rules for the application of Article 93 of the EC Treaty

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 659/1999 of 22 March 1999 laying down detailed rules for the application of Article 93 of the EC Treaty(1), and in particular Article 27 thereof,

After consulting the Advisory Committee on State Aid,

Whereas:

(1) In order to facilitate the preparation of State aid notifications by Member States, and their assessment by the Commission, it is desirable to establish a compulsory notification form. That form should be as comprehensive as possible.

(2) The standard notification form as well as the summary information sheet and the supplementary information sheets should cover all existing guidelines and frameworks in the state aid field. They should be subject to modification or replacement in accordance with the further development of those texts.

(3) Provision should be made for a simplified system of notification for certain alterations to existing aid. Such simplified arrangements should only be accepted if the Commission has been regularly informed on the implementation of the existing aid concerned.

(4) In the interests of legal certainty it is appropriate to make it clear that small increases of up to 20 % of the original budget of an aid scheme, in particular to take account of the effects of inflation, should not need to be notified to the Commission as they are unlikely to affect the Commission’s original assessment of the compatibility of the scheme, provided that the other conditions of the aid scheme remain unchanged.

(5) Article 21 of Regulation (EC) No 659/1999 requires Member States to submit annual reports to the Commission on all existing aid schemes or individual aid granted outside an approved aid scheme in respect of which no specific reporting obligations have been imposed in a conditional decision.

(6) For the Commission to be able to discharge its responsibilities for the monitoring of aid, it needs to receive accurate information from Member States about the types and amounts of aid being granted by them under existing aid schemes. It is possible to simplify and improve the arrangements for the reporting of State aid to the Commission which are currently described in the joint procedure for reporting and notification under the EC Treaty and under the World Trade Organisation (WTO) Agreement set out in the Commission’s letter to Member States of 2 August 1995. The part of that joint procedure relating to Member States reporting obligations for subsidy notifications under Article 25 of the WTO Agreement on Subsidies and Countervailing measures and under Article XVI of GATT 1994, adopted on 21 July 1995 is not covered by this Regulation.

(7) The information required in the annual reports is intended to enable the Commission to monitor overall aid levels and to form a general view of the effects of different types of aid on competition. To this end, the Commission may also request Member States to provide, on an ad hoc basis, additional data for selected topics. The choice of subject matter should be discussed in advance with Member States.

(8) The annual reporting exercise does not cover the information, which may be necessary in order to verify that particular aid measures respect Community law. The Commission should therefore retain the right to seek undertakings from Member States, or to attach to decisions conditions requiring the provision of additional information.

(9) It should be specified that time-limits for the purposes of Regulation (EC) No 659/1999 should be calculated in accordance with Regulation (EEC, Euratom) No 1182/71 of the Council of 3 June 1971 determining the rules applicable to periods, dates and time limits(2), as supplemented by the specific rules set out in this Regulation. In particular, it is necessary to identify the events, which determine the starting point for time-limits applicable in State aid procedures. The rules set out in this Regulation should apply to pre-existing time-limits which will continue to run after the entry into force of this Regulation.

(10) The purpose of recovery is to re-establish the situation existing before aid was unlawfully granted. To ensure equal treatment, the advantage should be measured objectively from the moment when the aid is available to the beneficiary undertaking, independently of the outcome of any commercial decisions subsequently made by that undertaking.

(11) In accordance with general financial practice it is appropriate to fix the recovery interest rate as an annual percentage rate.

(12) The volume and frequency of transactions between banks results in an interest rate that is consistently measurable and statistically significant, and should therefore form the basis of the recovery interest rate. The inter-bank swap rate should, however, be adjusted in order to reflect general levels of increased commercial risk outside the banking sector. On the basis of the information on inter-bank swap rates the Commission should establish a single recovery interest rate for each Member State. In the interest of legal certainty and equal treatment, it is appropriate to fix the precise method by which the interest rate should be calculated, and to provide for the publication of the recovery interest rate applicable at any given moment, as well as relevant previously applicable rates.

(13) A State aid grant may be deemed to reduce a beneficiary undertaking’s medium-term financing requirements. For these purposes, and in line with general financial practice, the medium-term may be defined as five years. The recovery interest rate should therefore correspond to an annual percentage rate fixed for five years.

(14) Given the objective of restoring the situation existing before the aid was unlawfully granted, and in accordance with general financial practice, the recovery interest rate to be fixed by the Commission should be annually compounded. For the same reasons, the recovery interest rate applicable in the first year of the recovery period should be applied for the first five years of the recovery period, and the recovery interest rate applicable in the sixth year of the recovery period for the following five years.

(15) This Regulation should apply to recovery decisions notified after the date of entry into force of this Regulation,

HAS ADOPTED THIS REGULATION:

CHAPTER IU.K.SUBJECT MATTER AND SCOPE

Article 1U.K.Subject matter and scope

1.This Regulation sets out detailed provisions concerning the form, content and other details of notifications and annual reports referred to in Regulation (EC) No 659/1999. It also sets out provisions for the calculation of time limits in all procedures concerning State aid and of the interest rate for the recovery of unlawful aid.

2.This Regulation shall apply to aid in all sectors.

CHAPTER IIU.K.NOTIFICATIONS

Article 2U.K.Notification forms

Without prejudice to Member States’ obligations to notify state aids in the coal sector under Commission Decision 2002/871/CE(3), notifications of new aid pursuant to Article 2(1) of Regulation (EC) No 659/1999, other than those referred to in Article 4(2), shall be made on the notification form set out in Part I of Annex I to this Regulation.

Supplementary information needed for the assessment of the measure in accordance with regulations, guidelines, frameworks and other texts applicable to State aid shall be provided on the supplementary information sheets set out in Part III of Annex I.

Whenever the relevant guidelines or frameworks are modified or replaced, the Commission shall adapt the corresponding forms and information sheets.

[F1Article 3 U.K. Transmission of notifications

1. The notification shall be transmitted to the Commission by means of the electronic validation carried out by the person designated by the Member State. Such validated notification shall be considered as sent by the Permanent Representative.

2. The Commission shall address its correspondence to the Permanent Representative of the Member State concerned, or to any other address designated by that Member State.

3. As from 1 July 2008 , notifications shall be transmitted electronically via the web application State Aid Notification Interactive (SANI).

All correspondence in connection with a notification shall be transmitted electronically via the secured e-mail system Public Key Infrastructure (PKI).

4. In exceptional circumstances and upon the agreement of the Commission and the Member State concerned, an agreed communication channel other than those referred to in paragraph 3 may be used for submission of a notification or any correspondence in connection with a notification.

In the absence of such an agreement, any notification or correspondence in connection with a notification sent to the Commission by a Member State through a communication channel other than those referred to in paragraph 3 shall not be considered as submitted to the Commission.

5. Where the notification or correspondence in connection with a notification contains confidential information, the Member State concerned shall clearly identify such information and give reasons for its classification as confidential.

6. The Member States shall refer to the State aid identification number allocated to an aid scheme by the Commission in each grant of aid to a final beneficiary.

The first subparagraph shall not apply to aid granted through fiscal measures.]

Textual Amendments

F1 Substituted by Commission Regulation (EC) No 271/2008 of 30 January 2008 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.

Article 4U.K.Simplified notification procedure for certain alterations to existing aid

1.For the purposes of Article 1(c) of Regulation (EC) No 659/1999, an alteration to existing aid shall mean any change, other than modifications of a purely formal or administrative nature which cannot affect the evaluation of the compatibility of the aid measure with the common market. However an increase in the original budget of an existing aid scheme by up to 20 % shall not be considered an alteration to existing aid.

2.The following alterations to existing aid shall be notified on the simplified notification form set out in Annex II:

(a)increases in the budget of an authorised aid scheme exceeding 20 %;

(b)prolongation of an existing authorised aid scheme by up to six years, with or without an increase in the budget;

(c)tightening of the criteria for the application of an authorised aid scheme, a reduction of aid intensity or a reduction of eligible expenses;

The Commission shall use its best endeavours to take a decision on any aid notified on the simplified notification form within a period of one month.

3.The simplified notification procedure shall not be used to notify alterations to aid schemes in respect of which Member States have not submitted annual reports in accordance with Article 5, 6, and 7, unless the annual reports for the years in which the aid has been granted are submitted at the same time as the notification.

CHAPTER IIIU.K.ANNUAL REPORTS

Article 5U.K.Form and content of annual reports

1.Without prejudice to the second and third subparagraphs of this Article and to any additional specific reporting requirements laid down in a conditional decision adopted pursuant to Article 7(4) of Regulation (EC) No 659/1999, or to the observance of any undertakings provided by the Member State concerned in connection with a decision to approve aid, Member States shall compile the annual reports on existing aid schemes referred to in Article 21(1) of Regulation (EC) No 659/1999 in respect of each whole or part calendar year during which the scheme applies in accordance with the standardised reporting format set out in Annex IIIA.

Annex IIIB sets out the format for annual reports on existing aid schemes relating to the production, processing and marketing of agricultural products listed in Annex I of the Treaty.

Annex IIIC sets out the format for annual reports on existing aid schemes for state aid relating to the production, processing or marketing of fisheries products listed in Annex I of the Treaty.

2.The Commission may ask Member States to provide additional data for selected topics, to be discussed in advance with Member States.

Article 6U.K.Transmission and publication of annual reports

1.Each Member State shall transmit its annual reports to the Commission in electronic form no later than 30 June of the year following the year to which the report relates.

In justified cases Member States may submit estimates, provided that the actual figures are transmitted at the very latest with the following year’s data.

2.Each year the Commission shall publish a State aid synopsis containing a synthesis of the information contained in the annual reports submitted during the previous year.

Article 7U.K.Status of annual reports

The transmission of annual reports shall not be considered to constitute compliance with the obligation to notify aid measures before they are put into effect pursuant to Article 88(3) of the Treaty, nor shall such transmission in any way prejudice the outcome of an investigation into allegedly unlawful aid in accordance with the procedure laid down in Chapter III of Regulation (EC) No 659/1999.

CHAPTER IVU.K.TIME-LIMITS

Article 8U.K.Calculation of time-limits

1.Time-limits provided for in Regulation (EC) No 659/1999 and in this Regulation or fixed by the Commission pursuant to Article 88 of the Treaty shall be calculated in accordance with Regulation (EEC, Euratom) No 1182/71, and the specific rules set out in paragraphs 2 to 5 of this Article. In case of conflict, the provisions of this regulation shall prevail.

2.Time limits shall be specified in months or in working days.

[F13. With regard to timelimits for action by the Commission, the receipt of the notification or subsequent correspondence in accordance with Article 3(1) and Article 3(3) of this Regulation shall be the relevant event for the purpose of Article 3(1) of Regulation (EEC, Euratom) No 1182/71.

4. With regard to timelimits for action by Member States, the receipt of the relevant notification or correspondence from the Commission in accordance with Article 3(2) of this Regulation shall be the relevant event for the purposes of Article 3(1) of Regulation (EEC, Euratom) No 1182/71.]

5.With regard to the time-limit for the submission of comments following initiation of the formal investigation procedure referred to in Art. 6(1) of Regulation (EC) No 659/1999 by third parties and those Member States which are not directly concerned by the procedure, the publication of the notice of initiation in the Official Journal of the European Union shall be the relevant event for the purposes of Article 3(1) of Regulation (EEC, Euratom) No 1182/71.

6.Any request for the extension of a time-limit shall be duly substantiated, and shall be submitted in writing to the address designated by the party fixing the time-limit at least two working days before expiry.

Textual Amendments

CHAPTER VU.K.INTEREST RATE FOR THE RECOVERY OF UNLAWFUL AID

[F1Article 9 U.K. Method for fixing the interest rate

1. Unless otherwise provided for in a specific decision, the interest rate to be used for recovering State aid granted in breach of Article 88(3) of the Treaty shall be an annual percentage rate which is fixed by the Commission in advance of each calendar year.

2. The interest rate shall be calculated by adding 100 basis points to the one-year money market rate. Where those rates are not available, the three-month money market rate will be used, or in the absence thereof, the yield on State bonds will be used.

3. In the absence of reliable money market or yield on stock bonds or equivalent data or in exceptional circumstances the Commission may, in close co-operation with the Member State(s) concerned, fix a recovery rate on the basis of a different method and on the basis of the information available to it.

4. The recovery rate will be revised once a year. The base rate will be calculated on the basis of the one-year money market recorded in September, October and November of the year in question. The rate thus calculated will apply throughout the following year.

5. In addition, to take account of significant and sudden variations, an update will be made each time the average rate, calculated over the three previous months, deviates more than 15 % from the rate in force. This new rate will enter into force on the first day of the second month following the months used for the calculation.]

Textual Amendments

Article 10U.K.Publication

The Commission shall publish current and relevant historical State aid recovery interest rates in the Official Journal of the European Union and for information on the Internet.

Article 11U.K.Method for applying interest

1.The interest rate to be applied shall be the rate applicable on the date on which unlawful aid was first put at the disposal of the beneficiary.

2.The interest rate shall be applied on a compound basis until the date of the recovery of the aid. The interest accruing in the previous year shall be subject to interest in each subsequent year.

[F13. The interest rate referred to in paragraph 1 shall be applied throughout the whole period until the date of recovery. However, if more than one year has elapsed between the date on which the unlawful aid was first put at the disposal of the beneficiary and the date of the recovery of the aid, the interest rate shall be recalculated at yearly intervals, taking as a basis the rate in force at the time of recalculation.]

Textual Amendments

CHAPTER VIU.K.FINAL PROVISIONS

Article 12U.K.Review

The Commission shall in consultation with the Member States, review the application of this Regulation within four years after its entry into force.

Article 13U.K.Entry into force

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

Chapter II shall apply only to those notifications transmitted to the Commission more than five months after the entry into force of this Regulation.

Chapter III shall apply to annual reports covering aid granted from 1 January 2003 onwards.

Chapter IV shall apply to any time limit, which has been fixed but which has not yet expired on the date of entry into force of this Regulation.

Articles 9 and 11 shall apply in relation to any recovery decision notified after the date of entry into force of this Regulation.

This Regulation shall be binding in its entirety and be directly applicable in all Member States.

ANNEX IU.K.

[ F2 ]

Textual Amendments

F2 Deleted by Commission Regulation (EC) No 271/2008 of 30 January 2008 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.

[F3PART III.10 U.K. SUPPLEMENTARY INFORMATION SHEET ON STATE AID FOR ENVIRONMENTAL PROTECTION

This supplementary information sheet must be used for the notification of any aid covered by the Community Guidelines on State aid for environmental protection (thereinafter the Environmental aid guidelines) (4) . It must also be used for individual aid for environmental protection which does not fall under any block exemption or is subject to individual notification obligation as it exceeds the individual notification thresholds laid down in the block exemption. U.K.

1. Basic characteristics of the notified measure U.K.

Please fill in the relevant parts of the notification form corresponding to the character of the notified measure. Please find below a basic guidance.

(A) Please specify the type of aid and fill in the appropriate subsections of Section 3 (Compatibility of aid under Article 87(3)(c) of the EC Treaty) of this supplementary information sheet: U.K.



Aid for undertakings which go beyond Community standards or which increase the level of environmental protection in the absence of Community standards, fill in Section 3.1



Aid for the acquisition of new transport vehicles which go beyond Community standards or which increase the level of environmental protection in the absence of Community standards, fill in Section 3.1



Aid for SMEs for early adaptation to future Community standards, fill in Section 3.2



Aid for environmental studies, fill in Section 3.3



Aid for energy saving, fill in Section 3.4



Aid for renewable energy sources, fill in Section 3.5



Aid for the cogeneration, fill in Section 3.6



Aid for energy-efficient district heating, fill in Section 3.7



Aid for waste management, fill in Section 3.8



Aid for the remediation of contaminated sites, fill in Section 3.9



Aid for the relocation of undertakings, fill in Section 3.10



Aid involved in tradable permit schemes, fill in Section 3.11



Aid in the form of reductions of or exemptions from environmental taxes, fill in Section 6.

Furthermore, please fill in: Section 4 (Incentive effect and necessity of aid), Section 7 (Criteria triggering a detailed assessment), Section 8 (Additional information for detailed assessment) (5) , and Section 10 (Reporting and monitoring).

(B) Please explain the main characteristics (objective, likely effects of the aid, aid instrument, aid intensity, beneficiaries, budget etc.) of the notified measure. U.K.

(C) Can the aid be combined with other aid? U.K.

 yes

 no

If yes, fill in Section 9 (Cumulation) of this supplementary information sheet.

(D) Is the aid granted in order to promote the execution of an important project of common European interest? U.K.

 yes

 no

If yes, please fill in Section 5 (Compatibility of aid under Article 87(3)(b) of the EC Treaty) of this supplementary information sheet.

(E) In case the notified individual aid is based on an approved scheme, please provide details concerning that scheme (case number, title of the scheme, date of Commission approval): U.K.

…

(F) Please confirm that if the aid/bonus for small enterprises is granted, the beneficiaries comply with the definition for small enterprises as defined by the Community legislation: U.K.



yes

(G) Please confirm that if the aid/bonus for medium enterprises is granted, the beneficiaries comply with the definition for medium enterprises as defined by the Community legislation: U.K.





investments enabling the beneficiary to increase the level of environmental protection resulting from its activities by improving on the applicable Community standards (7) , irrespective of the presence of mandatory national standards that are more stringent than the Community standard;



investments enabling the beneficiary to increase the level of environmental protection resulting from its activities in the absence of Community standards .

(B) Please provide details, including, where applicable, information on the relevant Community standards: U.K.

…

(C) If the aid is granted for reaching the national standard exceeding the Community standards, please indicate the applicable national standards and attach a copy: U.K.

…

3.1.2. Aid intensities and bonuses U.K.

In the case of aid schemes, the aid intensity must be calculated for each beneficiary of aid.

(A) What is the maximum aid intensity applicable to the notified measure (8) ? … U.K.

(B) Is the aid granted in a genuinely competitive bidding process (9) ? U.K.

 yes

 no

If yes, please provide details of the competitive process and attach a copy of the tender notice or its draft:

…

(C) Bonuses: U.K.

Do the supported projects benefit from a bonus?

 yes

 no

If yes, please specify below.

Is an SME bonus applied under the notified measure?

 yes

 no

If yes, please specify the level of bonus applicable (10) : …

Is the bonus for eco-innovation (11) applied under the notified measure?

 yes

 no

If yes, please describe how the following conditions are fulfilled:



the eco-innovation asset or project is new or substantially improved compared to the state of the art in its industry in the Community;



the expected environmental benefit is significantly higher than the improvement resulting form the general evolution of the state of the art in comparable activities;



the innovative character of these assets or projects involves a clear degree of risk, in technological, market or financial terms, which is higher that the risk generally associated with comparable non-innovative assets or projects.

Please provide details demonstrating the compliance with the abovementioned conditions:

…

Specify the level of bonus applicable (12) : …

(D) In case of an aid scheme, specify the total aid intensity of the projects supported under the notified scheme (taking into account the bonuses) (%): … U.K.

3.1.3. Eligible costs (13) U.K.

investments to adapt production methods with a view to protecting the environment.

(E) In case of investments in intangible assets (technology transfer through the acquisition of operating licenses or of patented and non-patented know how) please confirm that any such intangible asset satisfies the following conditions: U.K.



it is regarded as a depreciable asset;



it is purchased on market terms, from an undertaking from which the acquirer has no power of direct or indirect control,



it is included in the assets of the undertaking, and remains in the establishment of the recipient of the aid and is used there for at least five years (15) .

Furthermore, please confirm that if the intangible asset is sold during those five years:



the yield from the sale will be deducted from the eligible costs;

and



all or part of the amount of aid will, where appropriate, be reimbursed.

(F) In case of investments aiming at obtaining a level of environmental protection higher than Community standards, please confirm the relevant statements: U.K.



if the undertaking is adapting to national standards adopted in the absence of Community standards, the eligible costs consist of the additional investment costs necessary to achieve the level of environmental protection required by the national standards;



if the undertaking is adapting to or goes beyond national standards which are more stringent than the relevant Community standards or goes beyond Community standards, the eligible costs consist of the additional investment costs necessary to achieve a level of environmental protection higher than the level required by the Community standards (16) ;



if no standards exist, the eligible costs consist of the investment costs necessary to achieve a higher level of environmental protection than that which the undertaking or undertakings in question would achieve in the absence of any environmental aid;

(G) For aid schemes, please provide a detailed calculation methodology, by reference to the counterfactual situation, which will be applied to all individual aid grants based on the notified scheme, and provide the relevant evidence: U.K.

…

3.2.1. Basic conditions U.K.

(A) Please confirm that the investment is implemented and finalised at least one year before the entry into force of the standard. U.K.

 yes

 no

If yes, in the case of aid schemes, please provide details on how compliance with this condition is ensured:

…

If yes, in the case of individual aid please provide details and relevant evidence:

…

(B) Please provide details of the relevant Community standards, including the dates relevant for ensuring compliance with condition (A): U.K.

…

3.2.2. Aid intensities U.K.

What is the basic aid intensity applicable to the notified measure?

for small enterprises (19) : …;
for medium-sized enterprises (20) : …
for large enterprises (21) : …

3.2.3. Eligible costs U.K.

investments to adapt production methods with a view to protecting the environment.

(E) In case of investments in intangible assets (technology transfer through the acquisition of operating licenses or of patented and non-patented know how) please confirm that any such intangible asset satisfies the following conditions: U.K.



it is regarded as a depreciable asset;



it is purchased on market terms, from an undertaking from which the acquirer has no power of direct or indirect control,



it is included in the assets of the undertaking, and remains in the establishment of the recipient of the aid and is used there for at least five years (23) .

Furthermore, please confirm that if the intangible asset is sold during those five years:



the yield from the sale will be deducted from the eligible costs;

and



all or part of the amount of aid will, where appropriate, be reimbursed.

(F) For aid schemes, please provide a detailed calculation methodology, by reference to the counterfactual situation, which will be applied to all individual aid grants based on the notified scheme, and provide the relevant evidence: U.K.

…

3.3. Aid for environmental studies (24) U.K.

3.3.1. Studies directly linked to investments aiming at achieving standards which go beyond Community standards, or increase the level of environmental protection in the absence of Community standards U.K.

(A) Please confirm if the aid is granted for studies directly linked to investments for the purposes of achieving standards which go beyond Community standards, or increase the level of environmental protection in the absence of Community standards. U.K.

 yes

 no

If yes, please specify which of the following purposes the investment serves:



it enables the beneficiary to increase the level of environmental protection resulting from its activities by improving on the applicable Community standards, irrespective of the presence of mandatory national standards that are more stringent than the Community standard;



it enables the beneficiary to increase the level of environmental protection resulting from its activities in the absence of Community standards .

(B) Please provide details, including, where applicable, the information on the relevant Community standards: U.K.

…

(C) If the aid is granted for studies directly linked to investments aiming at reaching national standards which go beyond Community standards, please indicate the applicable national standards and attach a copy: U.K.

…

(D) Please describe the types of studies that will be supported: U.K.

(B) Is an SME bonus applied under the notified measure? U.K.

 yes

 no

If yes please specify the level of bonus applicable (26) : …

3.4. Aid for energy saving (27) U.K.

3.4.1. Basic conditions U.K.

(A) Please confirm that the notified measure complies with the definition of energy savings in point 70(2) of the Environmental aid guidelines. U.K.



yes

(B) Please specify the type(s) of the supported measures leading to energy saving, as well as the level of energy saving to be attained, and provide details: U.K.

…

3.4.2. Investment aid U.K.

3.4.2.1. Aid intensities and bonuses U.K.

(A) What is the basic aid intensity applicable to the notified measure (28) : … U.K.

(B) Bonuses: U.K.

Is an SME bonus applied under the notified measure?

 yes

 no

If yes, please specify the level of bonus applicable (29) : …

(C) Is the aid granted in a genuinely competitive bidding process (30) ? U.K.

 yes

 no

If yes, please provide details regarding the competitive process and attach a copy of the tender notice or its draft:

…

(D) In case of an aid scheme, specify the total aid intensity of the projects supported under the notified scheme (taking into account the bonuses) (%): U.K.

…

3.4.2.2. Eligible costs (31) U.K.

(A) As regards the calculation of the eligible costs, please confirm that the eligible costs are limited to the extra investment costs necessary to achieve energy savings beyond the level required by the Community standards: U.K.



yes

(B) Please further clarify whether: U.K.



the precise energy saving related cost constitutes the eligible costs, in case the costs of investing in energy saving can be easily identified;





it is regarded as a depreciable asset;



it is purchased on market terms, from an undertaking from which the acquirer has no power of direct or indirect control,



it is included in the assets of the undertaking, and remains in the establishment of the recipient of the aid and is used there for at least five years (35) .

Furthermore, please confirm that if the intangible asset is sold during those five years:



the yield from the sale will be deducted from the eligible costs;

and



all or part of the aid amount will be, where appropriate, reimbursed.

(G) For aid schemes, please provide a detailed calculation methodology, by reference to the counterfactual situation (36) , which will be applied to all individual aid grants based on the notified scheme, and provide the relevant evidence: U.K.

…

If the notification concerns an individual aid measure, please provide a detailed calculation of the eligible costs of the notified investment project, by reference to the counterfactual situation, and provide relevant evidence:

…

3.4.3. Operating aid U.K.

(A) Please provide information/calculations demonstrating that the aid is limited to compensating for net extra production costs resulting from the investment taking account of benefits resulting from energy saving (37) : U.K.

…

(B) What is the duration of the operating aid measure (38) ? … U.K.

(C) Is the aid degressive? U.K.

 yes

 no

What is the aid intensity of the:

degressive aid (please indicate the degressive rates for each year) (39) : …;
non-degressive aid (40) : …

3.5. Aid for renewable energy sources (41) U.K.

3.5.1. Basic conditions U.K.

(A) Please confirm that the aid is granted exclusively for the promotion of renewable energy sources as defined by the Environmental aid guidelines (42) . U.K.

 yes

 no

(B) In the case of biofuel promotion, please confirm that the aid is granted exclusively for the promotion of sustainable biofuels within the meaning of those guidelines. U.K.

 yes

 no

(C) Please specify the type(s) of renewable energy sources (43) supported under the notified measure and provide details: U.K.

…

3.5.2. Investment aid U.K.

3.5.2.1. Aid intensities and bonuses U.K.

(A) What is the basic aid intensity applicable to each renewable energy source supported by the notified measure (44) : … U.K.

(B) Is an SME bonus applied under the notified measure? U.K.

 yes

 no

If yes, please specify the level of bonus applicable (45) : …

(C) Is the aid granted in a genuinely competitive bidding process (46) ? U.K.

 yes

 no

If yes, please provide details of the competitive process and attach a copy of the tender notice or its draft:

…

(D) In the case of an aid scheme, specify the total aid intensity of the projects supported under the notified scheme (taking into account the bonuses) (%): U.K.

…

3.5.2.2. Eligible costs (47) U.K.

investments to adapt production methods with a view to protecting the environment.

(E) In the case of investments in intangible assets (technology transfer through the acquisition of operating licenses or of patented and non-patented know how) please confirm that any such intangible asset satisfies the following conditions: U.K.



it is regarded as a depreciable asset;



it is purchased on market terms, from an undertaking from which the acquirer has not power of direct or indirect control;



it is included in the assets of the undertaking, and remains in the establishment of the recipient of the aid and is used there for at least five years (49) .

Furthermore, please confirm that if the intangible asset is sold during those five years:



the yield from the sale will be deducted from the eligible costs;

and



all or part of the aid amount will be, where appropriate, reimbursed.

(F) For aid schemes, please provide a detailed calculation methodology, by reference to the counterfactual situation, which will be applied to all individual aid grants based on the notified scheme, and provide the relevant evidence: U.K.

…

3.5.3. Operating aid U.K.

Following the choice of the operating aid assessment option (50) , please fill in the relevant part of the section below.

3.5.3.1. Option 1 U.K.

(A) Please provide for the duration of the notified measure the following information demonstrating that the operating aid is granted in order to cover the difference between the cost of producing energy from renewable sources and the market price of the form of energy concerned: U.K.

detailed analysis of the cost of producing energy from each of the relevant renewable sources (51) :
…
…
detailed analysis of the market price of the form of energy concerned:
…
…

(B) Please demonstrate that the aid will be granted only until the plant has been fully depreciated according to normal accounting rules (52) and provide a detailed analysis of the depreciation of each type (53) of the investments for environmental protection: U.K.

…

For aid schemes, please specify how the compliance with this condition will be ensured:

…

For individual aid, please provide a detailed analysis demonstrating that this condition is fulfilled:

…

(C) When determining the amount of operating aid, please demonstrate how any investment aid granted to the undertaking in question in respect of a new plant is deducted from production costs: U.K.

…

(D) Does the aid also cover a normal return on capital? U.K.

 yes

 no

If yes, please provide details and the information/calculations showing the rate of the normal return and give reasons why the chosen rate is appropriate:

…

(E) For aid for the production of renewable energy from biomass , where the operating aid would exceed the amount of investment, please provide data/evidence (based on calculation examples for aid schemes or detailed calculation for individual aid) demonstrating that the aggregate costs borne by the undertakings after plant depreciation are still higher than the market prices of the energy: U.K.

…

(F) Please specify the precise support mechanisms (taking into account the requirements described above) and, in particular, the methods of calculating the amount of aid: U.K.

for aid schemes based on a (theoretical) example of an eligible project:
…
…

Furthermore, please confirm that the calculation methodology described above will be applied to all individual aid grants based on the notified aid scheme:



yes

for individual aid please provide a detailed calculation of the aid amount (taking into account the requirements described above):
…
…

(G) What is the duration of the notified measure? U.K.

…

It is the practice of the Commission to limit its authorisation to 10 years. If yes, could you please undertake to re-notify the measure within a period of 10 years?

 yes

 no

3.5.3.2. Option 2 U.K.

(B) Please provide for the duration of the notified measure the following information demonstrating that the operating aid is granted to compensate for the difference between the cost of producing energy from renewable sources and the market price of the form of energy concerned: U.K.

detailed analysis of the cost of producing energy from each of the relevant renewable sources (57) :
…
…
detailed analysis of the market price of the form of energy concerned:
…
…

(C) Is the aid degressive? U.K.

 yes

 no

What is the aid intensity of the:

degressive aid (please indicate the degressive rates for each year) (58) :
…;
non-degressive aid (59) : …

3.6. Aid for cogeneration (60) U.K.

3.6.1. Basic conditions U.K.

Please confirm that the aid for cogeneration is granted exclusively to cogeneration units satisfying the definition of high efficiency cogeneration as set out in point 70(11) of the Environmental aid guidelines:

 yes

 no

3.6.2. Investment aid U.K.

Please confirm that:



the new cogeneration unit will overall make primary energy savings compared to separate production as defined by Directive 2004/8/EC and Commission Decision 2007/74/EC.



the improvement of an existing cogeneration unit or conversion of an existing power generation unit into a cogeneration unit will result in primary energy savings compared to the original situation.

investments to adapt production methods with a view to protecting the environment.

(E) In the case of investments in intangible assets (technology transfer through the acquisition of operating licenses or of patented and non-patented know how) please confirm that any such intangible asset satisfies the following conditions: U.K.



it is regarded as a depreciable asset;



it is purchased on market terms, from an undertaking from which the acquirer has not power of direct or indirect control,



it is included in the assets of the undertaking, and remains in the establishment of the recipient of the aid and is used there for at least five years (66) .

Furthermore, please confirm that if the intangible asset is sold during those five years:



the yield from the sale will be deducted from the eligible costs;

and



all or part of the aid amount will be, where appropriate, reimbursed.

(F) For aid schemes, please provide a detailed calculation methodology, by reference to the counterfactual situation, which will be applied to all individual aid grants based on the notified scheme, and provide the relevant evidence: U.K.

…

3.6.3. Operating aid U.K.

(A) Please confirm that the existing cogeneration unit satisfies both the definition of high-efficiency cogeneration set out in point 70(11) of the Environmental aid guidelines and the requirement that there are overall primary savings compared to separate production as defined by Directive 2004/8/EC and Decision 2007/74/EC: U.K.



yes

(B) Please confirm further that the operating aid for high efficiency cogeneration is granted exclusively to: U.K.



undertakings distributing electric power and heat to the public, where the costs of producing such electric power or heat exceed its market price (67) ;



for the industrial use of the combined production of electric power and heat where it can be shown that the production cost of one unit of energy using that technique exceeds the market price of one unit of conventional energy (68) .

Please provide details and evidence that the relevant condition(s) is/are complied with:

…

3.6.3.1. Option 1 U.K.

(A) Please provide the following information demonstrating that the operating aid is granted in order to cover the difference between the cost of producing energy in cogeneration units and the market price of the form of energy concerned: U.K.

detailed analysis of the cost of producing energy in cogeneration units (69) :
…
…
detailed analysis of the market price of the form of energy concerned:
…
…

(B) Please demonstrate that the aid will be granted only until the plant has been fully depreciated according to normal accounting rules (70) and provide a detailed analysis of the depreciation of each type of the investments for environmental protection: U.K.

…

For aid schemes, please specify how the compliance with this condition will be ensured:

…

For individual aid, please provide a detailed analysis demonstrating that this condition is fulfilled:

…

(C) When determining the amount of operating aid, please demonstrate how any investment aid granted to the undertaking in question in respect of a new plant is deducted from production costs: U.K.

…

(D) Does the aid also cover a normal return on capital? U.K.

 yes

 no

If yes, please provide details and information/calculations showing the rate of normal return and give reasons why the chosen rate is appropriate:

…

(E) For aid supporting biomass-based CHP units , if the operating aid would exceed the amount of investment, please provide data/evidence (based on calculation examples for aid schemes or detailed calculation for individual aid) demonstrating that the aggregate costs borne by the undertakings after plant depreciation are still higher than the market prices of the energy: U.K.

…

(F) Please specify the precise support mechanisms (taking into account the requirements described above) and in particular the methods of calculating the amount of aid: U.K.

for aid schemes based on a (theoretical) example of an eligible project:
…
…
Furthermore, please confirm that the calculation methodology describe above will be applied to all individual aid grants based on the notified aid scheme:

yes
for individual aid please provide a detailed calculation of the amount of aid (taking into account the requirements described above):
…
…

(G) What is the duration of the notified measure? U.K.

…

It is the Commission practice to limit its decisions to 10 years. If yes, could you please undertake to re-notify the measure within a period of 10 years?

 yes

 no

3.6.3.2. Option 2 U.K.

(B) Please provide for the duration of the notified measure the following information demonstrating that the operating aid is granted in order to compensate for the difference between the cost of producing energy in cogeneration plants and the market price of the form of energy concerned: U.K.

detailed analysis of the cost of producing energy in cogeneration plants:
…
…
detailed analysis of the market price of the form of energy concerned:
…
…

(C) Is the aid degressive? U.K.

 yes

 no

What is the aid intensity of the:

degressive aid (pleas indicate the degressive rates for each year) (73) :
…;
non-degressive aid (74) : …

3.7. Aid for energy efficient district heating (75) U.K.

3.7.1. Basic conditions U.K.

Please confirm that:



the environmental investment aid in energy-efficient district heating installations leads to primary energy savings

and



the beneficiary district heating installation satisfies the definition of energy efficient district heating set out in point 70(13) of the Environmental aid guidelines

and



the combined operation of the generation of heat (as well as electricity in the case of cogeneration) and the distribution of heat will result in primary energy savings



the investment is meant for the use and distribution of waste heat for district heating purposes.

In the case of aid schemes, please provide details on how compliance with this condition is ensured:

…

In the case of individual aid, please provide details and relevant evidence:

…

3.7.2. Aid intensities and bonuses U.K.

(A) What is the basic aid intensity applicable to the notified measure (76) ?… U.K.

(B) Is an SME bonus applied under the notified measure? U.K.

 yes

 no

If yes, please specify the level of bonus applicable (77) : …

(C) Is the aid granted in a genuinely competitive bidding process (78) ? U.K.

 yes

 no

If yes, please provide details of the competitive process and attach a copy of the tender notice or its draft:

…

(D) In case of an aid scheme, specify the total aid intensity of the projects supported under the notified scheme (taking into account the bonuses) (%): U.K.

…

3.7.3. Eligible costs (79) U.K.

investments to adapt production methods with a view to protecting the environment.

(E) In the case of investments in intangible assets (technology transfer through the acquisition of operating licenses or of patented and non-patented know how), please confirm that any such intangible asset satisfies the following conditions: U.K.



it is regarded as a depreciable asset;



it is purchased on market terms, from an undertaking from which the acquirer has not power of direct or indirect control,



it is included in the assets of the undertaking, and remains in the establishment of the recipient of the aid and is used there for at least five years (81) .

Furthermore, please confirm that if the intangible asset is sold during those five years:



the yield from the sale will be deducted from the eligible costs;

and



all or part of the aid amount will be, where appropriate, reimbursed.

(F) For aid schemes, please provide a detailed calculation methodology, by reference to the counterfactual situation, which will be applied to all individual aid grants based on the notified scheme, and provide the relevant evidence: U.K.

…

3.8. Aid for waste management (82) U.K.

3.8.1. General conditions U.K.

Please confirm that the following conditions are met:



the aid is granted for the management of waste of other undertakings, including activities of re-utilisation, recycling and recovery, which is in accordance with the hierarchical classification of the principles of waste management (83) .



the investment is aimed at reducing pollution generated by other undertakings (polluters) and does not extend to pollution generated by the beneficiary of the aid;



the aid does not indirectly relieve the polluters from a burden that should be borne by them under Community law, or from a burden that should be considered as a normal company cost for the polluters;



the investment goes beyond the ‘state of the art’(84) or uses conventional technologies in an innovative manner;



the treated materials would otherwise be disposed of, or be treated in a less environmentally friendly manner;



the investment does not merely increase demand for the materials to be recycled without increasing collection of those materials.

Furthermore, please provide details and evidence demonstrating compliance with the above mentioned conditions:

…

3.8.2. Aid intensities U.K.

(A) What is the basic aid intensity applicable to the notified measure (85) ?… U.K.

(B) Is the SME bonus applied under the notified measure? U.K.

 yes

 no

If yes, please specify the level of bonus applicable (86) : …

(C) In case of an aid scheme, specify the total aid intensity of the projects supported under the notified scheme (taking into account the bonuses) (%): U.K.

…

3.8.3. Eligible costs (87) U.K.

(A) Please confirm that the eligible costs are limited to the extra investment costs necessary to realise an investment leading to waste management and borne by the beneficiary compared to the reference investment, i.e. a conventional production not involving waste management with the same capacity: U.K.



yes

(B) Please further confirm that: U.K.



the precise waste management related costs constitute the eligible costs, if the cost of investing in waste management can be easily defined;



the extra investment costs are established by comparing the investment with the counterfactual situation in the absence of aid, i.e. the reference investment (88) ;

and



the cost of such reference investment is deducted from the eligible costs;



eligible costs are calculated net of any operating benefits and operating costs related to the extra investment for waste management and arising during the first five years of the life of the investment concerned.

(C) What form do the eligible costs take? U.K.



investments in tangible assets;



investments in intangible assets.

(D) In the case of investments in tangible assets, please indicate the form(s) of investments concerned: U.K.



investments in land which are strictly necessary in order to meet environmental objectives;



investments in buildings intended to reduce or eliminate pollution and nuisances;



investments in plant and equipment intended to reduce or eliminate pollution and nuisances;



investments to adapt production methods with a view to protecting the environment.

(E) In the case of investments in intangible assets (technology transfer through the acquisition of operating licenses or of patented and non-patented know how), please confirm that any such intangible asset satisfies the following conditions: U.K.



it is regarded as a depreciable asset;



it is purchased on market terms, from an undertaking from which the acquirer has not power of direct or indirect control,



it is included in the assets of the undertaking, and remains in the establishment of the recipient of the aid and is used there for at least five years (89) .

Furthermore, please confirm that if the intangible asset is sold during those five years:



the yield from the sale will be deducted from the eligible costs;

and



all or part of the amount of the aid will, where appropriate, be reimbursed.

(F) For aid schemes, please provide a detailed calculation methodology, by reference to the counterfactual situation, which will be applied to all individual aid grants based on the notified scheme, and provide the relevant evidence: U.K.

…

3.9. Aid for the remediation of contaminated sites (90) U.K.

3.9.1. General conditions U.K.

Please confirm that the following conditions are fulfilled:



the investment aid to undertakings repairing environmental damage by remediating contaminated sites (91) , leads to an improvement of environmental protection.

Please describe in detail the relevant improvement of the environmental protection, including, if applicable or available, information on the site, the type of contamination, a description of the activity that caused the contamination, and the proposed remediation procedure:

…



the polluter (92) responsible for the contamination of the site can not be identified or cannot be made to bear the costs.

Please provide details and evidence demonstrating the compliance with the above mentioned condition:

…

3.9.2. Aid intensities and eligible costs U.K.

(A) What is the basic aid intensity applicable to the notified measure (93) ?… U.K.

(B) Please confirm that the total amount of aid will under no circumstances exceed the actual cost of the remediation work: U.K.



yes

(C) Please specify the cost of the remediation work (94) : U.K.

…

(D) Please confirm that the increase in the value of the land is deducted form the eligible costs: U.K.



yes

Please provide details on how this is ensured:

…

(E) For aid schemes, please provide a calculation methodology, in line with the above mentioned principles, which will be applied to all individual aid grants based on the notified scheme and provide relevant evidence: U.K.

…

For individual aid measures, please provide a detailed calculation of the eligible costs of the notified investment project, complying with the above mentioned principles, and provide relevant evidence:

…

3.10. Aid for relocation of undertakings (95) U.K.

3.10.1. General conditions U.K.

(A) Please confirm that: U.K.



the change of location is dictated by environmental protection or prevention grounds and has been ordered by the administrative or judicial decision of a competent public authority or agreed between the undertaking and the competent public authority;



the undertaking complies with the strictest environmental standards applicable in the new region where it is located.

Please provide details and evidence demonstrating compliance with the above mentioned conditions:

…

(B) Please confirm that the beneficiary: U.K.



is an undertaking established in an urban area or in a special area of conservation designated under Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (96) , which lawfully carries out an activity that creates major pollution and must, on account of this location, move from its place of establishment to a more suitable area;



is an establishment or installation falling within the scope of Seveso II Directive (97) .

Please provide details and evidence:

…

3.10.2. Aid intensities and eligible costs U.K.

(A) What is the basic aid intensity applicable to the notified measure (98) ?… U.K.

(B) Is an SME bonus applied under the notified measure? U.K.

 yes

 no

If yes, please specify the level of bonus applicable (99) :…

(C) Please provide details and the relevant evidence (if applicable) on the following elements linked to the relocation aid: U.K.

(a)

benefits:

the yield from the sale or renting of the plant or land abandoned:
…
…
the compensation paid in the event of expropriation:
…
…
any other gains connected with the transfer of the plant, notably gains resulting from an improvement, on the occasion of the transfer, in the technology used and accounting gains associated with better use of the plant:
…
…
investments relating to any capacity increase:
…
…
other potential benefits:
…
…

(b)

costs:

the costs connected with the purchase of land or the construction of purchase of new plant of the same capacity as the plant abandoned:
…
…
any penalties imposed on the undertaking for having terminated the contract for the renting of land or buildings, if the administrative or judicial decision ordering the change of location results in the early termination of this contract:
…
…
other potential costs:
…
…

(D) For aid schemes, please provide a calculation methodology (e.g. based on a theoretical example) for eligible costs/aid amount, including the benefit/cost elements mentioned in point C, which will be applied to all individual aid grants based on the notified scheme: U.K.

…

For individual aid measures, please provide a detailed calculation of the eligible costs/aid amount of the notified investment project, including the benefit/cost elements mentioned in point C, and provide the relevant evidence:

…

3.11. Aid involved in tradable permit schemes (100) U.K.

(A) Please describe in detail the tradable permit scheme, including , inter alia, the objectives, the granting methodology, the authorities/entities involved, the role of the State, the beneficiaries and the procedural aspects: U.K.

…

(B) Please explain how: U.K.



the tradable permit scheme is set up in such a way as to achieve environmental objectives beyond those intended to be achieved on the basis of Community standards that are mandatory for the undertakings concerned:

…



the allocation is carried out in a transparent way and based on objective criteria and on data sources of the highest quality available:

…



the total amount of tradable permits or allowances granted to each undertaking for a price below their market value is not higher than its expected needs as estimated for the situation in absence of the trading scheme:

…



the allocation methodology does not favour certain undertakings or certain sectors;

In case the allocation methodology favours certain undertakings orcertain sectors, please explain how this is justified by the environmental logic of the scheme itself or is necessary for consistency with other environmental policies:

…

Furthermore, please explain how:



new entrants shall not in principle receive permits or allowances on more favourable conditions than existing undertakings operating on the same markets:

…



granting higher allocations to existing installations compared to new entrants should not result in creating undue barriers to entry:

…

Please provide details and evidence demonstrating compliance with the above mentioned conditions:

…

(C) Please confirm that the following criteria (101) are respected by the scheme: U.K.



the choice of beneficiaries is based on objective and transparent criteria and the aid is granted in principle in the same way for all competitors in the same sector/relevant market if they are in a similar factual situation;

and



full auctioning leads to a substantial increase in production costs for each sector or category of individual beneficiaries;

and



the cost increase from the tradable permit scheme can not be passed on to customers without leading to important sales reductions (102) ;

and



the best performing technique in the EEA was used as a benchmark for the level of the allowance granted.

Please provide details demonstrating how these criteria are applied:

…

4. Incentive effect and necessity of aid (103) U.K.

4.1. General conditions U.K.

(A) 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? U.K.

 yes

 no

If yes, the Commission considers that the aid does not present an incentive for the beneficiary (104) .

(B) If no, specify the relevant dates: U.K.

The environmental project commenced on: …
The aid application by the beneficiary was submitted to the national authorities on: …

Please provide the relevant supporting documents.

4.2. Evaluation of the incentive effect U.K.

If the aid is granted to

non-SMEs,
SMEs but must be assessed in accordance with the detailed assessment,

the Commission will require that the incentive effect is demonstrated by means of an evaluation. Go to the next questions. Otherwise, the Commission considers that the incentive effect is automatically met for the measure at hand.

4.2.1. General conditions U.K.

If it is necessary to demonstrate an incentive effect for several beneficiaries participating in the notified project, please provide the information below for each of them.

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 more environmentally friendly alternative would not have been retained. Please fill in the information below

4.2.2. Criteria U.K.

(A) Please demonstrate how the counterfactual situation is credible: U.K.

…

(B) Have the eligible costs been calculated in accordance with the methodology set out in points 81, 82 and 83 of the Environmental aid guidelines? U.K.

 yes

 no

Please provide details and evidence demonstrating the methodology used:

…

(C) Would the investment have been sufficiently profitable without the aid? U.K.

 yes

 no

Please provide details and evidence of the relevant profitability (105) :

…

5. Compatibility of aid under Article 87(3)(b) of the EC Treaty U.K.

Aid for environmental protection to promote the execution of an important project (106) of common European interest may be considered to be compatible with the common market pursuant to Article 87(3)(b) of the EC Treaty.

5.1. General conditions (cumulative) U.K.

(A) Please provide details and evidence of the terms of implementation of the notified project, including its participants, its objectives and its effects and the means to achieve the objectives (107) : U.K.

…

(B) Please confirm that: U.K.



the project is in the common European interest (108) : it contributes in a concrete, exemplary and identifiable manner to the Community interest in the field of environmental protection (109) ;

and



the advantage achieved by the objective of the project is not limited to one Member State or to the Member States implementing it, but extends to the Community as a whole (110) ;

and



the project makes a substantive contribution to the Community objectives.

Please provide details and evidence:

Please provide a detailed description of the project, including , inter alia, structure/organisation, beneficiaries, budget, amount of aid, aid intensity (114) , investments concerned and eligible costs. For guidance, please see Section 3 of this supplementary information sheet.

…

6. Aid in the form of reductions of or exemptions from environmental taxes U.K.

6.1. General conditions U.K.

(A) Please explain how the tax reductions or exemptions contribute indirectly to an improvement of the level of the environmental protection and motivate why the tax reductions and exemptions do not undermine the general objective pursued: U.K.

…

(B) For reductions of or exemptions from harmonised taxes at Community level, please confirm that: U.K.



the aid is granted for a maximum period of 10 years;

and



the beneficiaries pay at least the Community minimum tax level set by the relevant applicable directive (115) .

Please provide for each category of beneficiaries evidence regarding the payable minimum tax level (rate actually paid preferably in EUR and in the same units as the applicable Community legislation):

…



they are compatible with the relevant applicable Community legislation and comply with the limits and conditions set out therein:

Please refer to the relevant provision(s) and provide the relevant evidence:

…

(C) For reductions of or exemptions from environmental taxes which have not been harmonised or for those which have been harmonised but beneficiaries pay less than the Community minimum tax level, please confirm that the aid is granted for a maximum period of 10 years: U.K.

 yes

 no

Furthermore, please provide the following:

a detailed description of the exempted sector(s):
…
…
information for each sector, as to the best performing techniques within the EEA regarding the reduction of the environmental harm targeted by the tax:
…
…
a list of the 20 largest beneficiaries covered by the exemptions/reductions as well as a detailed description of their situation, in particular their turnover, their market shares and the size of the tax base:
…
…

6.2. Necessity of the aid U.K.

Please confirm that:



and



the environmental tax without reduction would lead to a substantial increase in production cost for each sector or category of individual beneficiaries (116) ;

and



without the aid the substantial increase in production costs would lead to important sales reductions if it would be passed on to customers (117) .

Please provide evidence related to the above mentioned conditions:

…

6.3. Proportionality of the aid U.K.

…

Please further confirm that:



the substance of the agreements has been negotiated by the Member State and specifies the targets and fixes a time schedule for reaching targets;



the Member State ensures independent and timely monitoring of the commitments concluded in these agreements;



these agreements will be revised periodically in the light of technological and other developments and stipulate effective penalty arrangements applicable if the commitments are not met.

Specify per sector the targets and time schedule and describe the monitoring and review mechanisms (for example by whom and with what periodicity) as well as the penalty mechanism:

…

7. Criteria triggering a detailed assessment (120) U.K.

Please indicate if the notified measure falls within the following categories of aid:



for measures covered by a Block Exemption Regulation, the case was notified to the Commission pursuant to a duty to notify aid individually as prescribed in the BER;



investment aid, where the aid amount exceeds EUR 7,5 million for one undertaking, (even if part of an approved aid scheme);



operating aid for energy saving, where the aid amount exceeds EUR 5 million per undertaking for five years;



operating aid for the production of renewable electricity and/or combined production of renewable heat, when the aid is granted to renewable electricity installations in sites where the resulting renewable electricity generation capacity exceeds 125 MW;



operating aid for the production of biofuel, when the aid is granted to a biofuel production installation in sites, where the resulting production exceeds 150 000 t per year;



operating aid for cogeneration, where aid is granted to cogeneration installation with the resulting cogeneration electricity capacity exceeding 200 MW (121)



operating aid granted to new plants producing renewable energy on the basis of a calculation of the external costs avoided (122) .

In this case please provide a reasoned and quantified comparative cost analysis, together with an assessment of competing energy producers’ external costs, so as to demonstrate that the aid does genuinely compensate for external costs avoided (123) .

If the notified measure falls within at least one of these aid categories, it is subject to a detailed assessment and additional information should be provided in order to enable the Commission to carry out a detailed assessment (Section 8 of this supplementary information sheet).

8. Additional information for detailed assessment (124) U.K.

If there are several beneficiaries participating in the notified project subject to a detailed assessment, please provide the information below for each of them. This is without prejudice to the full description of the notified project, including participants, in the previous sections of this supplementary sheet.

8.1. General observations U.K.

The purpose of this detailed assessment is to ensure that high amounts of aid for environmental protection do not distort competition to an extent contrary to the common interest, but actually contribute to the common interest. This happens when the benefits of State aid in terms of additional environmental benefits outweigh the harm for competition and trade (125) .

The detailed assessment is conducted on the basis of the positive and negative elements which are specified in Sections 5.2.1 and 5.2.2 of the Environmental aid guidelines and they apply in addition to the criteria set out in Chapter 3 of the Environmental aid guidelines.

Provisions below represent a 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 should provide all the elements that they consider useful for the assessment of the case.

The Member States are in particular invited to rely on the information sources listed below. Please indicate if these supporting documents are attached to the notification:



evaluations of past State aid schemes or measures;



impact assessments made by the granting authority;



other studies related to the environmental protection.

8.2. Existence of a market failure (126) U.K.

(A) Please identify the expected contribution of the measure to environmental protection (in quantifiable terms) and provide the supporting documents: U.K.

…

(B) Please identify the level of environmental protection targeted, as compared to existing Community standards and/or standards in other Member States and provide the supporting documents: U.K.

…

(C) In the case of the aid for adapting to national standards going beyond the Community standards, please provide the following information and (if relevant) supporting documents: U.K.



nature, type and location of the main competitors of the aid beneficiary:

…



the cost of implementation of the national standard (respectively tradable permit schemes) for the aid beneficiary had no aid been given:

…



the comparative costs of implementation of those standards for the main competitors of the aid beneficiary:

…

8.3. Appropriate instrument (127) U.K.

Please indicate on what basis the Member State decided to use a selective instrument such as State aid in order to increase environmental protection and provide supporting documents:



impact assessment of the proposed measure;



comparative analysis of other policy options considered by the Member State;



evidence that the polluter pays principle is respected;



others: …

8.4. Incentive effect and necessity of the aid (128) U.K.

In addition to the calculation of extra costs outlined in Chapter 3 of the Environmental aid guidelines please specify the elements listed below.

(A) Please provide evidence of the specific action(s) (129) that would not have been taken by the undertaking without the aid (counterfactual situation) and provide supporting documents:. U.K.

…

(B) At least one of the following elements must be present for the purposes of demonstration of the expected environmental effect linked to the change in behaviour. Please specify those relevant for the notified measure and provide supporting documents. U.K.



increase in level of environmental protection;



increase in speed of the implementation of future standards

(C) The following elements may be used for the purposes of demonstration of an incentive effect. Please specify those relevant for the notified measure, and provide supporting documents (130) : U.K.



production advantages;



market conditions;



possible future mandatory standards (if there are ongoing negotiations at Community level to introduce new or higher mandatory standards which the measure concerned would seek to target);



level of risk;



level of profitability

(D) In the case of aid granted to undertakings adapting to a national standard or going beyond Community standards or adopted in the absence of Community standards, please provide the information and supporting documents showing that the aid beneficiary would have been affected substantially in terms of increased costs and would not have been able to bear the costs associated with the immediate implementation of national standards: U.K.

…

8.5. Proportionality of the aid (131) U.K.

(A) Please provide an accurate calculation of the eligible costs demonstrating that they are indeed limited to the extra costs necessary to achieve the level of environmental protection: U.K.

…

(B) Were the beneficiaries selected in an open selection process? U.K.

 yes

 no

Please provide details (132) and supporting documents:

…

(C) Please explain how it is ensured that the aid is limited to the minimum necessary and provide supporting documents: U.K.

…

8.6 Analysis of the distortion of competition and trade (133) U.K.

8.6.1. Relevant markets and effects on trade U.K.

(A) Please indicate whether the aid is likely to have impact on competition between undertakings in any product market. U.K.

 yes

 no

Please specify the product markets on which the aid is likely to have impact (134) :

…

(B) For each of these markets please provide some indicative market share of the beneficiary: U.K.

…

For each of these markets please provide some indicative market shares of the other companies present in the market. If possible, please provide the associated Herfindahl-Hirschman Index (HHI):

…

(C) Please describe the structure and dynamics of the relevant markets and provide supporting documents: U.K.

…

(D) If relevant, please provide information on the effects on trade (shift of trade flows and location of economic activity): U.K.

…

(E) The following elements will be considered by the Commission when assessing the likelihood that the beneficiary may increase or maintain sales as a result of the aid. Please indicate those in relation to which supporting documents are provided (135) : U.K.



reduction in or compensation of production unit costs.



more environmentally friendly production process.



new product.

8.6.2. Dynamic incentives/crowding out U.K.

The following elements will be considered by the Commission in its analysis of effects of the aid on competitors’ dynamic incentives to invest (136) . Please indicate those in relation to which supporting documents are provided:



amount of the aid;



frequency of the aid;



duration of the aid;



gradual decrease of the aid;



readiness to meet future standards;



level of the regulatory standards in relation to the environmental objectives;



the risk of cross subsidisation;



technological neutrality;



competing innovation.

8.6.3. Maintaining inefficient firms afloat (137) U.K.

The following elements will be considered by the Commission in its analysis of effects of the aid in order to prevent avoid unnecessary support to undertakings, which are unable to adapt to more environmentally friendly standards and technologies because of their low levels of efficiency (138) . Please, indicate those in relation to which details and supporting documents are provided:



type of beneficiaries.



overcapacity in the sector targeted by the aid.



normal behaviour in the sector targeted by the aid.



relative importance of the aid.



selection process.



selectivity.

8.6.4. Market power/exclusionary behaviour (139) U.K.

The following elements will be considered by the Commission in its analysis of effects of the aid on beneficiary’s market power. Please, indicate those in relation to which details and supported documents are provided:



market power of aid beneficiary and market structure



new entry;



product differentiation and price discrimination



buyer power

8.6.5. Effects on trade and location (140) U.K.

Please provide evidence that the aid was not decisive for the choice of location for the investment:

…

9. Cumulation (141) U.K.

(A) Is the aid granted under the notified measure combined with other aid (142) ? U.K.

 yes

 no

(B) If yes, please describe the cumulation rules applicable to the notified aid measure: U.K.

…

(C) Please specify how the respect of cumulation rules will be verified under the notified aid measure: U.K.

…

10. Reporting and monitoring (143) U.K.

10.1. Annual reports U.K.

Please note that this reporting obligation is without prejudice to the reporting obligation pursuant to Commission Regulation (EC) No 794/2004 implementing Council Regulation (EC) No 659/1999 (144) .

Please undertake to submit annual reports on the implementation of the notified environmental aid measure to the Commission, which shall contain for each approved scheme as regards large undertakings, all the elements listed below:

names of the beneficiaries;
aid amount per beneficiary;
aid intensity;
description of the objective of the measure and of what type of environmental protection it is intended to promote;
sectors of activity where the aided projects are undertaken;
explanation of how the incentive effect has been respected.

yes

In case of tax exemptions or reductions, please undertake to submit annual reports containing the elements listed below:

legislative and/or regulatory text(s) establishing the aid;
specification of the categories of undertakings benefiting from tax reductions or exemptions;
specification of sectors of the economy most affected by these tax exemptions/reductions.

yes

10.2. Monitoring and evaluation U.K.

(A) Please undertake to maintain detailed records regarding the granting of aid, with all information necessary to establish that the eligible costs and maximum allowable aid intensity have been observed. U.K.



yes

(B) Please undertake to ensure that detailed records referred to in Section A above are maintained for 10 years from the date on which the aid was granted. U.K.



yes

(C) Please undertake to submit the records referred to in Section A above on request of the Commission. U.K.



yes

11. Other information U.K.

Please give any other information you consider necessary to assess the measure(s) in question under the Environmental aid guidelines.]

Textual Amendments

F3 Substituted by Commission Regulation (EC) No 1147/2008 of 31 October 2008 amending Regulation (EC) No 794/2004 of 21 April 2004 implementing Council Regulation (EC) No 659/1999 laying down detailed rules for the application of Article 93 of the EC Treaty, as regards Part III.10 of its Annex 1.

[F4 [X1PART III.12 U.K. INFORMATION SHEET FOR AGRICULTURE

Please note that this State aid notification form only applies to activities related to the production, processing and marketing of agricultural products as defined in point 6 of the Community Guidelines for State aid in the agriculture and forestry sector 2007 to 2013 (145) . Please note that the specific State aid rules for agriculture do not apply to measures related to the processing of Annex I products into non-Annex I products. For such measures you should complete the relevant notification form.

1. Products covered U.K.

1.1. Does the measure apply to any of the following products which are not yet subject to a common market organisation: U.K.



potatoes other than starch potatoes;



horsemeat;



coffee;



cork;



vinegars derived from alcohol;



the measure does not apply to any of these products.

2. Incentive effect U.K.

RURAL DEVELOPMENT MEASURES U.K.

Aids for investments in agricultural holdings

Aids for investments in connection with the processing and marketing of agricultural products

Agri-environmental and animal welfare aid

C bis .

Nature 2000 payments and payments linked to Directive 2000/60/EC (146)

Aid to compensate for handicaps in certain areas

Aid for meeting standards

Aid for the setting up of young farmers

Aid for early retirement or for the cessation of farming activities

Aid for producer groups

Aid for land re-parcelling

Aid to encourage the production and marketing of quality agricultural products

Provision of technical support in the agricultural sector

Aid for the livestock sector

Aid for the outermost regions and the Aegean Islands

RISK AND CRISIS MANAGEMENT U.K.

Aid to compensate for damage to agricultural production or the means of agricultural production

Aid for combating animal and plant diseases

Aid towards the payment of insurance premiums

Aid for closing production, processing and marketing capacity

OTHER AIDS U.K.

Aid for advertising of agricultural products

Aid linked to tax exemptions under directive 2003/96/EC (147) ,

Aids for the forestry sector

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

F4 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.

PART III.12.A U.K. SUPPLEMENTARY INFORMATION SHEET ON SUPPORT FOR INVESTMENTS IN AGRICULTURAL HOLDINGS

This information sheet relates to investments in agricultural holdings discussed in point IV.A of the Community Guidelines for State aid in the agriculture and forestry sector 2007 to 2013 (148) .

1. Objective of the aid U.K.

1.1. Which of the following objectives does the investment pursue? U.K.



Reduce production costs;



Improve and redeploy production;



Increase quality;



Preserve and improve the natural environment, comply with animal hygiene and standards;



Promote the diversification of farm activities;



Other (please specify):

If the investment pursues other aims, please note that only investments pursuing one or more of the objectives listed above are eligible for support for investments in agricultural holdings.

1.2. Does the aid concern simple replacement investments? U.K.



yes



If yes, please note that simple replacement investments are not eligible for support for investments in agricultural holdings.

1.3. Is the aid linked to investments in products which are subject to restrictions on production or limitations of Community support at the level of individual farmers, holdings or processing plants under a common organisation of the market (including direct support schemes) financed by the EAGF, which would increase production capacity beyond these restrictions or limitations? U.K.



yes



If yes, please note that, under point 37 of the Guidelines, no aid may be granted for such investments.

2. Beneficiaries U.K.

Who are the beneficiaries of the aid?



farmers;



producer groups;



other (please specify):

…………

3. Aid intensity U.K.

3.1. Please state the maximum rate of public support, expressed as a percentage of eligible investment: U.K.

(a)

………… in less-favoured areas or the areas referred to in Article 36(a)(i), (ii) or (iii) of Regulation (EC) No 1698/2005 (149) (max. 50 %);

(b)

………… in other regions (max. 40 %);

(c)

………… for young farmers in less-favoured areas or the areas referred to in Article 36(a)(i), (ii) or (iii) of Regulation (EC) No 1698/2005, carrying out the investment within five years of setting up (max. 60 %);

(d)

………… for young farmers in other areas, carrying out the investment within five years of setting up (max. 50 %);

(e)

…………. in the outermost regions and on the smaller Aegean islands within the meaning of Regulation (EEC) No 2019/93 (150) (max. 75 %);

(f)

…………. for investments entailing extra costs linked to the preservation and improvement of the natural environment or improvements in the hygiene of livestock farms or the well-being of livestock carried out within the time-limits for transposition of the newly introduced minimum standards (max. 75 % in less-favoured areas or the areas referred to in Article 36(a)(i), (ii) or (iii) of Regulation (EC) No 1698/2005, and max. 60 % in other areas);

(g)

………… for investments entailing extra costs linked to the preservation and improvement of the natural environment or improvements in the hygiene of livestock farms or the well-being of livestock carried out within three years following the date on which the investment must be authorised under Community legislation (max. 50 % in less-favoured areas or the areas referred to in Article 36(a)(i), (ii) or (iii) of Regulation (EC) No 1698/2005, and max. 40 % in other areas);

(h)

………… for investments entailing extra costs linked to the preservation and improvement of the natural environment or improvements in the hygiene of livestock farms or the well-being of livestock carried out in the fourth year following the date on which the investment must be authorised under Community legislation (max. 25 % in less-favoured areas or the areas referred to in Article 36(a)(i), (ii) or (iii) of Regulation (EC) No 1698/2005, and max. 20 % in other areas);

(i)

………… for investments entailing extra costs linked to the preservation and improvement of the natural environment or improvements in the hygiene of livestock farms or the well-being of livestock carried out in the fifth year following the date on which the investment must be authorised under Community legislation (max. 12,5 % in less-favoured areas or the areas referred to in Article 36(a)(i), (ii) or (iii) of Regulation (EC) No 1698/2005, and max. 10 % in other areas, ( no aid can be granted for expenses incurred beyond the fifth year );

(j)

………… for additional investment expenditure made by those Member States who joined the Union on 1 May 2004 and 1 January 2007 respectively, for the purposes of implementing Directive 91/676/EEC (151) (max. 75 %);

(k)

………… for additional investment expenditure made for the purposes of implementing Directive 91/676/EEC and which is the subject of support under Regulation (EC) No 1698/2005 (max. 50 % in less-favoured areas or the areas referred to in Article 36(a)(i), (ii) or (iii) of Regulation (EC) No 1698/2005, and max. 40 % in other areas);

(l)

…………. for investments made by young farmers in order to comply with Community or national standards in force (max. 60 % in less favoured areas or the areas referred to in Article 36(a)(i), (ii) or (iii) of Regulation (EC) No 1698/2005, and max. 50 % in other areas).

3.2. In the case of investments entailing extra costs linked to the preservation and improvement of the natural environment, improvements in the hygiene of livestock farms or the well-being of livestock, are the extra costs limited to investments either exceeding the minimum requirements currently prescribed by the Community or complying with newly introduced minimum standards? Are they strictly limited to eligible extra costs in connection with these objectives without resulting in an increased production capacity? U.K.



yes



3.3. In the case of investments made for the purposes of implementing Directive 91/676/EEC, is the envisaged aid intensity limited to necessary and eligible extra costs, and does it exclude investments leading to increased production capacity? U.K.



yes



3.4. In the case of investments made by young farmers in order to comply with Community or national standards in force, is the aid limited to extra costs as a result of implementing these standards and have these costs been incurred within 36 months after installation? U.K.



5.1. Do eligible expenses include: U.K.



construction, acquisition or improvement of immovable property;



the purchase or lease purchase of machinery and equipment, including computer software up to the market value of the asset, exclusive of costs connected with a leasing contract (tax, lessor's margin, interest refinancing costs, overheads, insurance charges etc);



overheads connected with the two previous types of expenses (for instance architect's fees, engineer's fees, expert's fees, feasibility studies, acquisition of patents and licences)?

5.2. Does the aid cover the purchase of second-hand machinery? U.K.



yes



Maximum rate envisaged for less-favoured areas or the areas referred to in Article 36(a)(i), (ii) or (iii) of Regulation (EC) No 1698/2005 (max. 75 %): …………

Maximum rate envisaged for other areas (max. 60 %): …………



yes



7.3.1. If yes, what it the intensity of the aid? (max. 100 %) U.K.

…………

7.4. Does relocation result in the farmer benefiting from more modern equipment and facilities? U.K.



yes



7.4.1. If yes, what is the farmer's own contribution, as a percentage of the added value of the facilities after relocation? U.K.



In less-favoured areas or the areas referred to in Article 36(a)(i), (ii) or (iii) of Regulation (EC) No 1698/2005 (min. 50 %)

…………



In other areas (min. 60 %)

…………



Young farmers in less-favoured areas or the areas referred to in Article 36(a)(i), (ii) or (iii) of Regulation (EC) No 1698/2005 (min. 45 %)

…………



Young farmers in other areas (min. 55 %)

7.5. Does relocation result in an increase in production capacity? U.K.



yes



7.5.1. If yes, what is the farmer's own contribution, as a percentage of the expenditure linked to the increase? U.K.



In less-favoured areas or the areas referred to in Article 36(a)(i), (ii) or (iii) of Regulation (EC) No 1698/2005 (min. 50 %)

…………



In other areas (min 60 %)

…………

This notification form applies to aid investments in the processing (152) and marketing (153) of agricultural products, as dealt with in point IV.B. of the Community Guidelines for State aid in the agriculture and forestry sector 2007 to 2013 (154) .

1. Scope & beneficiaries of the aid U.K.

1.1. Please specify under which provision of the Agricultural Guidelines this notification is meant to fall: U.K.

If yes, the aid is exempted from the obligation to notify. Please state the reasons why your authorities still would like to submit a notification. In this case, please refer to the relevant part of the general notification form (Annex I part I and III.1 of Regulation (EC) No 794/2004 (158) or any provision replacing it).

1.3. Commission Regulation for regional investment aid U.K.

Does the aid fulfil the conditions set out in this Regulation?



yes



If no, the aid does not fulfil the necessary conditions under this Regulation and cannot be declared compatible with the Common Market under point IV.B.2.(b) of the Guidelines.

If yes, the aid is exempted from the obligation to notify. Please state the reasons why your authorities would still like to submit a notification. In this case, please refer to the specific notification form.

1.4. Commission guidelines on national regional aid for 2007 to 2013 (157) U.K.

Does the aid fulfil the conditions set out in these Guidelines?



yes

2.1. If the beneficiaries are SMEs (Commission Regulation (EC) No 70/2001 or any provision replacing it): U.K.

Please state the maximum aid intensity for eligible investments in:

2.1.1. outermost regions: ………… (max. 75 %) U.K.

2.1.2. smaller Aegean Islands (160) : ………… (max. 65 %) U.K.

2.1.3. regions eligible under Art. 87(3)(a): …………(max. 50 %) U.K.

2.1.4. other regions: ………… (max. 40 %) U.K.

If the rate is higher than the above ceiling, please note that the measure would not be in line with Art. 4 of Commission Regulation (EC) No 70/2001.

2.2. For aid falling under the Commission Regulation for regional investment aid or the Commission guidelines on national regional aid for 2007 to 2013 please specifiy the maximum aid intensity for: U.K.

2.2.1. SMEs : U.K.

2.2.1.1. regarding eligible investments in regions under Article 87(3)(a) of the Treaty: ………… (max. 50 % or maximum amount determined in the regional map approved for the Member State concerned for the period 2007-2013) U.K.

2.2.1.2. regarding eligible investments in other regions eligible for regional aid: ………… (max. 40 % or maximum amount determined in the regional map approved for the Member State concerned for the period 2007 to 2013) U.K.

2.2.2. intermediate enterprises in the meaning of Article 28 (3) of Council Regulation No 1698/2005 (161) (not SME but with less than 750 employees or less than EUR 200 million turnover ): U.K.

2.2.2.1. regarding eligible investments in regions eligible under Article 87(3)(a) of the Treaty: ………… (max. 25 % or maximum amount determined in the regional map approved for the Member State concerned for the period 2007-2013) U.K.

2.2.2.2. regarding eligible investments in other regions eligible for regional aid: ………… (max. 20 % or maximum amount determined in the regional map approved for the Member State concerned for the period 2007 to 2013) U.K.

If aid rates are higher than the above ceilings, please note that the measure would not be in line with point IV.B.2.(c)(ii) of the Agricultural Guidelines.

2.2.2.3. Do the beneficiaries fulfil all other conditions of Commission Recommendation 2003/361/EC (162) ? U.K.



yes



If no, the measure would not be in line with point IV.B.2.(c)(ii) of the Agricultural Guidelines.

2.2.3. Are there beneficiaries that are larger than the intermediate enterprises mentioned under point 2.2.2. (i.e. large enterprises)? U.K.



yes



If yes, is the maximum aid intensity equal to or below the maximum amount determined in the regional aid map approved for the Member State concerned for the period 2007 to 2013?



yes



If no, the aid cannot be declared compatible under point IV.B.2.(c) of the Agricultural Guidelines. If yes, please mention the maximum aid intensity in the aforementioned regional aid map. The relevant maximum aid intensity in the corresponding regional aid map is ………… %.

2.3. For investment aid in favour of intermediate companies in regions not eligible for regional aid: U.K.

2.3.1. please specify the maximum aid intensity: ………… (max. 20 %) U.K.

If aid rates are higher than the above ceilings, please note that the measure would not be in line with point IV.B.2.(d) of the Agricultural Guidelines.

2.3.2. Do the beneficiaries fulfil all other conditions of Commission Recommendation 2003/361/EC? U.K.



Can you confirm that the eligibles expenses for investments correspond fully to the eligible expenses listed in the Commission guidelines on national regional aid for 2007 to 2013?



yes



If no:

if the beneficiaries are not SME the measure would not be in line with point IV.B.2.(d) of the Agricultural Guidelines.
if the beneficiaries are SME, are the eligible expenses in conformity with Articles 2 and 4 of Commission Regulation (EC) No 70/2001?



yes



If not, the measure would not be in line with point IV.B.2.(d) of the Agricultural Guidelines

3.4. Could the aid support investments for which a common market organisation, including direct support schemes, financed by the EAGF places restrictions on production or limitations on Community support at the level of individual farmers, holdings or processing plants which would increase production beyond those restrictions or limitations? U.K.



yes



If yes, will an individual notification be done?



yes



If you have answered no, please note that the measure would not be in line with point IV.B of the Agricultural Guidelines.

PART III.12.C U.K. SUPPLEMENTARY INFORMATION SHEET ON AGRI-ENVIRONMENTAL AND ANIMAL WELFARE AID

This form must be used for the notification of any State aid measure to support agricultural production methods designed to protect the environment and to maintain the countryside (agri-environment) or to improve animal welfare covered by point IV.C. of the Community Guidelines for State aid in the agriculture and forestry sector 2007 to 2013 (163) (hereinafter called ‘ the guidelines ’ ) and articles 39 and 40 of Council Regulation (EC) No 1698/2005 (164) .

Does the measure concern compensation to farmers who voluntarily give agri-environmental commitments (Article 39(2) of Council Regulation (EC) No 1698/2005?
 yes  no
If yes, please refer to the part of this Supplementary Information Sheet (SIS) relating to ‘ aid for agri-environmental commitments ’ .
Does the measure concern compensation to farmers who voluntarily enter into animal welfare commitments (Article 40(1) of Council Regulation (EC) No 1698/2005?
 yes  no
If yes, please refer to the part of this SIS relating to ‘ aid for animal welfare commitments ’
Does the aid only concern environmental investments (point 62 of the guidelines)?
 yes  no
If yes, please refer to SIS relating to ‘ Investment aids in the agricultural sector ’
Does the environmental aid pursue other objectives such as training and advisory services to help agricultural producers (point IV.K of the guidelines)?
 yes  no
If yes, please refer to SIS relating to point IV.K of the guidelines.
Others?
Please provide a complete description of the measure(s) …………
Is documentation demonstrating that the State aid fits into and is coherent with the relevant Rural Development plan attached to the notification?
 yes  no
If yes, please provide that documentation hereunder or in an annex to this supplementary information sheet
…………
If no, please note that this documentation is requested in conformity with point 26 of the agricultural guidelines.

Aid for agri-environmental commitments (point IV.C.2 of the guidelines) U.K.

1. Objective of the measure U.K.

Which one of the following specific objectives does the support measure promote?



ways of using agricultural land which are compatible with the protection and improvement of the environment, the landscape and its features, natural resources, the soil and genetic diversity and reducing production costs;



an environmentally-favourable extensification of farming and management of low-intensity pasture systems, improve and redeployment of production ;



the conservation of high nature-value farmed environments, which are under threat, and increase quality;



the upkeep of the landscape and historical features on agricultural land;



the use of environmental planning in farming practice. If the measure does not pursue any of the above objectives, please indicate which are the objectives aimed at in terms of environmental protection? (Please submit a detailed description)

…………

3. Aid amount U.K.

3.1. Please specify the maximum amount of aid to be granted based on the area of the holding to which agri-environmental commitments apply: U.K.



for specialised perennial crops ………… (maximum payment of 900 EUR/ha)



for annual crops ………… (maximum payment of 600 EUR/ha)



for other land uses ………… (maximum payment of 450 EUR/ha)



yes



3.9. If yes, which aid rate will be applied (max. 100 %)? U.K.

…

AID FOR ANIMAL WELFARE COMMITMENTS (POINT IV.C.2 OF THE GUIDELINES) U.K.

1. Objective of the measure U.K.

For which of the following areas do the animal welfare commitments provide upgraded standards?



water and feed closer to their natural needs;



housing conditions such as space allowances, bedding, natural lights;



outdoor access;



absence of systematic mutilations, isolation or permanent tethering,



prevention of pathologies mainly determined by farming practices and/or keeping conditions.

(Please submit a detailed description)

…………

3. Aid amount U.K.

3.1. Please specify the maximum amount of animal welfare aid to be granted: U.K.

………… (maximum payment of EUR 500/live stock unit)

If the amount exceeds EUR 500/live stock unit, please justify its compatibility with the provisions of Article 40(3) of Regulation (EC) No 1698/2005

3.2. Is the support measure granted annually? U.K.



yes



If no, please provide the reasons justifying other period

…………

3.3. Is the amount of annual support calculated on the basis of: U.K.

income foregone,
additional costs resulting from the commitment given, and
the need to provide compensation for transaction costs ?



yes



Explain the calculation method used in fixing the amount of support and specify the income foregone, additional costs, possible transaction costs and possible costs of any non remunerative capital works:

…………

3.4. Is the reference level for calculating income foregone and additional cost resulting from the commitments given, the standards and requirements as mentioned above under point 2.3? U.K.



yes



If no please explain the reference level taken into consideration

…………

3.5. Are the payments made per livestock unit? U.K.

'

yes



If no, please explain the reasons justifying the method chosen as well as the initiatives undertaken to ensure that the maximum amounts per year eligible for Community support as set out in the Annex to Regulation (EC) No 1698/2005 are complied with.

3.6. Do you intend to give aid for transaction costs for the continuation of animal welfare commitments already undertaken in the past? U.K.



yes

1.1. Is the measure aimed to compensate farmers for costs incurred and income foregone resulting from disadvantages in the areas concerned related to the implementation of Directives 79/409/EEC (169) , 92/43/EEC (170) and 2000/60/EC? U.K.



Yes



3.1. Please specify the maximum amount of aid, based on the utilised agricultural area (UAA): U.K.



………… (initial maximum Natura 2000 payment for a period not exceeding five years of 500 EUR/hectare of UAA)



………… (normal maximum Natura 2000 payment of 200 EUR/hectare of UAA)



………… (maximum amount of support linked to Directive 2000/60/EC is fixed in accordance with the procedure referred to in Article 90(2) of Regulation (EC) No 1698/2005)

3.1.1 With regard to payments linked to Directive 2000/60/EC please provide additional information. U.K.

…………

3.1.2. If you intend to grant a higher amount of aid, please justify its compatibility with the provisions of Part IV.C.3 of the Agricultural Guidelines and Article 38 of Regulation (EC) No 1698/2005 (172) . U.K.

…………

3.2. Please explain the measures taken to ensure that payments are fixed at a level which avoids overcompensation U.K.

…………

4. 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?



yes



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

…………

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

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 (173) .

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.

…………

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

…………

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.

…………

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



yes



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:

…………

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

…………

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.



yes



Describe how the comparison was made:

…………

6. Is the aid measure combined with support under Articles 13, 14 and 15 of the Council Regulation (EC) No 1257/1999 (174) ? U.K.



yes



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.



yes



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.



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

…………



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;



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 (175) 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

'

yes



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.



yes



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 (176) , will the aid scheme be amended to comply with the provisions of those articles as from that date? U.K.



yes



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?



yes



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

…………



yes



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

…………

If no, please note that this documentation must be provided under point 26 of the Guidelines

PART III.12.F U.K. SUPPLEMENTARY INFORMATION SHEET ON AID FOR THE SETTING UP OF YOUNG FARMERS

This notification form applies to aid granted for the setting up of young farmers, as dealt with in chapter IV.F of the Community Guidelines for State aid in the agriculture and forestry sector 2007 to 2013 (178) .

1. Eligibility Criteria U.K.

Please note that State aid for the setting up of young farmers may only be granted if it fulfils the same conditions set out in the Rural Development Regulation (179) for co-financed aid, and in particular the eligibility criteria of Article 22 thereof.

1.1. Is the support measure granted only to primary production ? U.K.



yes



If no, please note that according to point 82 of the Guidelines, the support may not be granted for activities other than primary production.

1.2. Are the following conditions fulfilled? U.K.

the farmer is under 40 years of age ;
the farmer possesses adequate occupational skills and competence ;
the farmer is setting up on an agricultural holding as head of the holding for the first time ;
the farmer submitted a business plan for the development of his/her farming activity;



yes



If you answered no to any of these questions, please note that the measure would not be in line with the requirements of Article 22 of the Rural Development Regulation and could not be authorised under the Guidelines.

1.3. Does the measure provide that the above eligibility requirements must be met at the time the individual decision to grant support is taken? U.K.



yes



1.4. Does the measure comply with existing Community or national standards? U.K.



yes



1.4.1. If not, is the aim to comply with existing Community or national standards identified in the submitted business plan? U.K.



yes



1.4.2. Does the period of grace within which the standard needs to be met exceed 36 months from the date of setting up? U.K.



yes



2. Maximum allowable aid U.K.

2.1. Is the setting up support granted in the form of U.K.



a single premium? (max. EUR 40 000 )

(please specify the amount)

…………

and/or



an interest rate subsidy? (max. capitalised value of EUR 40 000 )

If yes, please describe the conditions of the loan — interest rate, duration, period of grace, etc.)

…………

2.2. Can you confirm that the aid combined with the support granted under the Rural Development Regulation will not exceed EUR 55 000 and the maximum amounts laid down for either form of aid (EUR 40 000 for single premium; EUR 40 000 for subsidised loan) will be respected? U.K.



yes



3. 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?



yes



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

…………

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

PART III.12.G U.K. SUPPLEMENTARY INFORMATION SHEET FOR AID FOR EARLY RETIREMENT OR FOR THE CESSATION OF FARMING ACTIVITIES

This form must be used for the notification of any State aid schemes which are designed to encourage older farmers to take early retirement as described by chapter IV.G of the Community Guidelines for State aid in the agricultural and forestry sector 2007 to 2013 (180) .

1. Types of aid U.K.

1.1. Is the support measure granted only to primary production? U.K.



yes



If no, please note that according to point 85 of the Guidelines, the support may not be granted for other activities than primary production.

1.2. Is the early retirement support granted: U.K.



to farmers who decide to stop their agricultural activity for the purpose of transferring the holdings to other farmers?



to farm workers who decide to stop all farming work definitively upon the transfer of the holding?

Please describe the envisaged measures:

…………

2. Eligibility criteria U.K.

2.1. Will the aid be exclusively granted when the transferor of the farm, U.K.

stops all commercial farming activity definitively,
is not less than 55 years old but not yet of normal retirement age at the time of transfer or not more than 10 years younger than the normal retirement age in the Member State concerned at the time of transfer and
has practised farming for the 10 years preceding transfer?



yes



If no please note that according to point 87 of the Guidelines combined with article 23 of Council Regulation No 1698/2005 (181) , no aid can be authorised if the transferor does not fulfil all those conditions.

2.2. Will the aid be exclusively granted when the transferee of the farm: U.K.

succeeds the transferor by setting up as a young farmer as provided for in Article 22 of Council Regulation No 1698/2005, is less than 40 years of age and is setting up for the first time on an agricultural holding as head of the holding, possesses adequate occupational skills and competence and submits a business plan for the development of his farming activities, or
is a farmer of less than 50 years old or a private law body and takes over the agricultural hold released by the transferor to increase the size of the agricultural holding?



yes



If no, please note that according to point 87 of the Guidelines combined with Article 23 of Council Regulation (EC) No 1698/2005 no aid can be authorised if the transferee does not fulfil all those conditions.

2.3. When the aid planned for early retirement support includes measures to provide an income for farm workers , please confirm that no aid will be granted if the worker does not fulfil all the following conditions: U.K.

stop all farm work definitively upon the transfer of the holding,
be not less than 55 years old but not yet of normal retirement age or more than 10 years younger than the normal retirement age in the Member State concerned,
have devoted at least half of his working time as a family helper or farm worker to farm work during the preceding five years,
have worked on the transferor's agricultural holding for at least the equivalent of two years full-time during the four-year period preceding the early retirement of the transferor, and
belong to a social security scheme.



yes



Please note that according to point 87 of the Guidelines and Article 23 of Council Regulation (EC) No 1698/2005, no aid can be authorised to provide an income for farm workers if they do not fulfil all those conditions.

3. Aid amount U.K.

3.1. Is the aid measure combined with support under the Rural Development Regulation? U.K.



yes



3.1.1. If yes, please provide a brief description of the modalities and amount of such co-financed support U.K.

…………

3.2. Please specify what is the maximum amount of aid to be granted per transferor: U.K.



………… per transferor and year (maximum annual amount of EUR 18 000 /transferor and maximum total amount of EUR 180 000 /transferor)

If the maximum amounts are not respected please justify its compatibility with the provisions of point 87 of the Guidelines. Please note that the Guidelines allow for support going above the maximum amounts set out in the Regulation provided that the Member State demonstrates that such payment is not passed on to active farmers.

3.3. Please specify what is the maximum amount of aid to be granted per worker: U.K.



………… per worker and year (maximum annual amount of EUR 4 000 /worker and maximum total amount of EUR 40 000 /worker)

PART III 12.III.H U.K. SUPPLEMENTARY INFORMATION SHEET ON AID TO PRODUCER GROUPS

yes



1.3.1. If yes, how much is the increase in turnover of the beneficiary? U.K.

1.3.2. Is the increase in turnover of the beneficiary due to U.K.



the accession of new members



the coverage of new products



both

1.4. Is aid granted to cover the start-up costs of associations of producers, which are responsible for the supervision of the use of geographical indications and designations of origin or quality marks in conformity with Community law? U.K.



yes



1.5. Is the aid granted to other producer groups or associations, which undertake tasks at the level of agricultural production, such as mutual support and farm relief and farm management services, in the members' holdings without being involved in the joint adaptation of supply to the market? U.K.



yes



If yes, please note that aid to these groups or associations is not covered by chapter IV.H. of the Guidelines. Please refer to the relevant legal basis.

…………

1.6. Is aid granted to producer groups or associations to cover expenses, which are not linked to setting-up costs, such as investments or promotion activities? U.K.



yes



If yes, the aid will be assessed in accordance with the specific rules governing such aids. Please refer to the relevant sections of the notification form.

1.7. In case of an aid scheme, can you confirm that it will be adjusted to take account any change in the regulations governing the common organisations of the market? U.K.



yes



1.8. Is aid granted directly to producers to offset their contributions to the cost of running the groups or associations during the first five years following the formation of the group or association? U.K.



yes



The obligation on members to market production in accordance with the rules on supply and placing on the market, drawn up by the group or association (the rules may permit a proportion of the production to be marketed directly by the producer);
 yes  no
the obligation for producers joining the group or the association to remain members for at least three years and give at least 12 months notice of withdrawal;
 yes  no
common rules on production, in particular relating to product quality, or use of organic practices, common rules for placing goods on the market and rules on product information, with particular regard to harvesting and availability?
 yes  no

If any of the answers to Section 2.3 above is no, please refer to Article 9(2) of Commission Regulation (EC) No 1857/2006 for the list of eligibility criteria for support to producer groups or associations.



yes



If the answer to any of the questions of point 3.2 and 3.3 above is no, please note that Article 9(4) of Commission Regulation (EC) No 1857/2006 clearly excludes aid for costs incurred after the fifth year and aid paid after the seventh year after recognition of the producer organisation.

3.4. Do the eligible expenses, both in case of aid granted to producers groups or associations and in case of aid granted directly to producers, include only: U.K.

the rental of suitable premises, or
the purchase of suitable premises (the eligible expenses are limited to rental costs at market rates),
the acquisition of office equipment, including computer hardware and software, administrative staff costs, overheads and legal and administrative fees?



1. Type of products U.K.

1.1. Does the aid only refer to quality products fulfilling the criteria to be defined pursuant to Article 32 of Regulation (EC) No 1698/2005 (186) ? U.K.



yes



If the aid does not concern quality products please note that, under Chapter IV.J of the Agricultural Guidelines, aid is limited to quality agricultural products.

2. TYPE OF AIDS U.K.

2.1. Which of the following types of aid can be financed by the aid scheme/individual measure? U.K.



market research activities, product conception and design;



aids granted for the preparation of applications for recognition of denominations of origin or certificates of specific character in accordance with the relevant Community regulations;



consultancy and similar support for the introduction of quality assurance schemes such as the ISO 9000 or 14000 series, systems based on hazard analysis and critical control points (HACCP), traceability systems, systems to assure respect of authenticity and marketing norms or environmental audit systems;



the costs of training personnel for the introduction of quality assurance schemes such as ISO 9000 or 14000 series, systems based on hazard analysis and critical control points (HACCP), traceability systems, systems to assure respect of authenticity and marketing norms or environmental audit systems;



the costs of the charges levied by recognised certifying bodies for the initial certification of quality assurance and similar systems;



the costs of compulsory control measures undertaken pursuant to Community or national legislation by or on behalf of the competent authorities, unless Community legislation requires enterprises to bear such costs;



the costs for participation in measures referred to in article 14(2)(f) of Regulation No 1857/2006 (187) , provided that:

(a)

only agricultural products for human consumption are covered;

(b)

it concerns a Community food quality scheme or a food quality scheme recognised by a Member State complying with the precise criteria established according to Article 32(1)(b) of Regulation 1698/2005;

(c)

the annual incentive payment whose level is determined according to the level of the fixed costs arising from the participation in such schemes for a maximum duration of five years.

(d)

the support is limited to EUR 3 000 per year and holding.

Note: Schemes whose sole purpose is to provide a higher level of control of respect of obligatory standards under Community or national law shall not be eligible for support .

2.2. Does the aid measure include investments, which are necessary to upgrade production facilities? U.K.



yes



If yes, please refer to chapter IV.A of the Agricultural Guidelines.

2.3. Are the controls undertaken by or on behalf of third parties, such as: U.K.



the competent regulatory authorities or bodies acting on their behalf;



independent organisms responsible for the control and supervision of the use of denominations of origin, organic labels, or quality labels;



others (please specify, indicating how the independence of the control body is assured)

…………

2.4. Does Community legislation provide that the cost of control is to be met by producers, without specifying the actual level of charges? U.K.



yes



3. Beneficiaries U.K.

3.1. Who are the beneficiaries of the aid? U.K.



farmers;



producer groups

4.1. Please state the maximum rate of public support of the following measures: U.K.

(a)

…………; market research activities, product conception and design (max. 100 %);

(b)

…………; aids granted for the preparation of applications for recognition of denominations of origin or certificates of specific character in accordance with the relevant Community regulations (max. 100 %);

(c)

…………; consultancy and similar support for the introduction of quality assurance schemes such as the ISO 9000 or 14000 series, systems based on hazard analysis and critical control points (HACCP), traceability systems; systems to assure respect of authenticity and marketing norms or environmental audit systems (max. 100 %);

(d)

…………; the costs of training personnel for the introduction of quality assurance schemes such as ISO 9000 or 14000 series, systems based on hazard analysis and critical control points (HACCP), traceability systems, systems to assure respect of authenticity and marketing norms or environmental audit systems (max. 100 %);

(e)

…………; the cost of the charges levied by recognised certifying bodies for the initial certification of quality assurance and similar systems (max. 100 %);

(f)

…………; the costs of compulsory control measures undertaken pursuant to Community or national legislation by or on behalf of the competent authorities, unless Community legislation requires enterprises to bear such costs;

(g)

…………; the costs for participation in measures referred to in Article 14(2)(f) of Regulation No 1857/2006.

(B) COMPANIES ACTIVE IN THE PROCESSING AND MARKETING OF AGRICULTURAL PRODUCTS U.K.

1. Type of products U.K.

1.1. Does the aid only refer to quality products fulfilling the criteria to be defined pursuant to Article 32 of Regulation (EC) No 1698/2005? U.K.



yes



If the aid does not concern quality products please note that, under Chapter IV.J of the Agricultural Guidelines, aid is limited to quality agricultural products.

2. TYPE OF AIDS AND ELIGIBLE COSTS U.K.

2.1. Are eligible costs limited to: U.K.



costs for services provided by outside consultants and other services providers; in particular:



market research activities



product conception and design



applications for recognition of certificates of specific character in accordance with the relevant Community regulations



the introduction of quality assurance schemes such as the ISO 9000 or 14000 series, systems based on hazard analysis and critical control points (HACCP), traceability systems, systems to assure respect of authenticity and marketing norms or environmental audit systems



other (please specify)

…………

Please note that such services should not be a continuous or periodic activity nor relate to the enterprise's usual operating expenditure, such as routine tax consultancy services, regular legal service or advertising.

2.2. Please indicate the maximum aid intensity expressed in gross terms: ………… U.K.

If the aid intensity exceeds 50 % gross please indicate in detail why this aid intensity should be necessary:

…………

2.3. Please indicate the maximum ceiling for cumulated aid: U.K.

…………

3. Beneficiaries U.K.

3.1. Who are the beneficiaries of the aid? U.K.



companies active in the processing and marketing of agricultural products



producer groups active in the processing and marketing of agricultural products



other (please specify)

…………

3.2. Are large companies excluded as beneficiaries? U.K.





education and training of farmers and farm workers;



provision of farm replacement services;



consultancy services provided by third parties;



organisation and participation in forums to share knowledge between businesses, in competitions, exhibitions and fairs;



vulgarisation of scientific knowledge,

For this aid, can you confirm that individual companies, brands or — except for products covered by Council Regulation (EC) No 510/2006 (189) and by Articles 54 to 58 of Council Regulation (EC) No 1493/99 of 17 May 1999 on the common market in wine (190) , provided that the references correspond exactly to those references which have been registered by the Community — origin are not named?



yes



factual information on quality systems open to products from other countries, on generic products and on the nutritional benefits of generic products and suggested uses for them;

For this aid, can you confirm that individual companies, brands or — except for products covered by Council Regulation (EC) No 510/2006 (189) and by Articles 54 to 58 of Council Regulation (EC) No 1493/99 of 17 May 1999 on the common market in wine, provided that the references correspond exactly to those references which have been registered by the Community — origin are not named?



yes



publications such as catalogues or websites presenting factual information about producers from a given region or producers of a given product.

For this aid, can you confirm that the information and presentation is neutral and that all producers concerned have equal opportunities to be represented in the publication?



yes



1.2. Please describe the envisaged measures: U.K.

…………

1.3. Will the aid for the abovementioned measures be granted in favour of large companies? U.K.



yes



If yes, please note that according to point 106 of the Guidelines, the Commission will not authorise State aid for abovementioned measures in favour of large companies.

B. AID TO COMPANIES ACTIVE IN THE PROCESSING AND MARKETING OF AGRICULTURAL PRODUCTS. U.K.

1.4. Which of the following types of aid can be financed by the aid scheme/individual measure: U.K.



services provided by outside consultants not being continuous or periodic activity and not related to the enterprise's usual operating expenditure;



first participation in fairs and exhibitions.

Please describe the envisaged measures:

…………

1.5. Will the aid for the abovementioned measures be granted in favour of large companies? U.K.



yes



If yes, please note that according to point 106 of the Guidelines, the Commission will not authorise State aid for abovementioned measures in favour of large companies.

C. AID TO PRIMARY PRODUCERS AND COMPANIES ACTIVE IN THE PROCESSING AND MARKETING OF AGRICULTURAL PRODUCTS FOR THE VULGARISATION OF NEW TECHNIQUES U.K.

1.6. Will the aid be granted in favour of other activities for the vulgarisation of new techniques, such as reasonable small scale pilot projects or demonstration projects? U.K.



yes



1.7. If yes please give a clear description of the project including an explanation of the novelty character of the project and of the public interest in granting support for it: U.K.

…………

1.8. Does the project respect the following conditions: U.K.

Are the number of participating companies and the duration of the pilot scheme limited to what is necessary for proper testing?



yes



Will the results of the pilot scheme be made publicly available?



yes



2. Eligible costs and aid intensity U.K.

If no, please note that according to point 103 of the Guidelines combined with article 15.2 of Commission Regulation (EC) No 1857/2006, aid to cover other costs cannot be authorised.

2.5. Please state the aid intensity ………… U.K.

2.6. Will the aid involve direct payments to producers? U.K.



Please note that according to point 105 of the Guidelines combined with Article 5 of Regulation (EC) No 70/2001 (or any provision replacing it) aid rates higher than the abovementioned ceiling cannot be authorised.

C. AID TO PRIMARY PRODUCERS AND COMPANIES ACTIVE IN THE PROCESSING AND MARKETING OF AGRICULTURAL PRODUCTS FOR THE VULGARISATION OF NEW TECHNIQUES U.K.

2.10. Concerning the activities for the vulgarisation of new techniques, such as reasonable small scale pilot projects or demonstration projects, can you confirm that the total amount of aid for such projects granted to a company will not exceed EUR 100 000 over three fiscal years? U.K.



yes



2.11. Please state the aid intensity ………… U.K.

3. Beneficiaries U.K.

3.1. Who are the beneficiaries of the aid? U.K.



farmers;



producer groups;



This form must be used for the notification of any State aid measures designed to support the livestock sector as described by point IV.L of the Community Guidelines for State aid in the agriculture and forestry sector 2007 to 2013 (192) .

1. Eligible expenses U.K.

1.1. Which of the following eligible expenses does the support measure cover: U.K.



the administrative costs of the establishment and maintenance of herd books?



tests to determine the genetic quality or yield of livestock (tests undertaken by or on behalf of third parties)?



eligible costs for investments in the introduction at farm level of innovatory animal breeding techniques or practices?

If the planned measure includes other eligible expenses, please note that Article 16(1) of Regulation (EC) No 1857/2006 (193) only allows this aid to cover the eligible expenses listed above. Checks carried out by the owner of the herd and routine checks on the quality of the milk are excluded.

2. Amount of aid U.K.

2.1. Please specify the maximum rate of public support expressed as a volume of eligible expenses: U.K.

………… to cover the administrative costs of the establishment and maintenance of herd books (max. 100 %);
………… for costs of tests to determine the genetic quality or yield of livestock (max. 70 %);
………… eligible costs for investments centring on the introduction at farm level of innovatory animal breeding techniques or practices (max. 40 %, and up to 31 December 2011 ).

2.2. What measures have been taken to avoid overcompensation and to verify compliance with the above aid intensities? U.K.

…………

3. Beneficiaries U.K.

3.1. Is the aid limited to firms which meet the Community definition of small and medium-sized undertakings? U.K.



yes



If no, please note that, under point 109 of the Community Guidelines for State aid in the agriculture and forestry sector 2007 to 2013, large companies are excluded from receiving aid.

PART III.12.M U.K. SUPPLEMENTARY INFORMATION SHEET ON AID FOR THE OUTERMOST REGIONS AND THE AEGEAN ISLANDS

This form must be used by Member State to notify aids for the outermost regions and the Aegean islands, as dealt with in point IV.M of the Community Guidelines for State aid in the agriculture and forestry sector 2007 to 2013 (194) .

1. Does the proposed aid for the outermost regions and the Aegean Islands depart from the other provisions set out in the Guidelines? U.K.



yes



if no, please complete the notification form relevant to the type of aid (investment aid, technical support, etc).
if yes, please continue to complete this form.

2. Does the measure involve the granting of operating aid? U.K.



yes



3. Is the aid intended to mitigate the specific constraints on farming in the outermost regions as a result of their remoteness, insularity and distant location? U.K.



yes

This form must be used by Member States for the notification of any State aid measures which are designed to compensate for damage to agricultural production or the means of agricultural production as described by points V.B.2 and V.B.3 of the Community Guidelines for State aid in the agriculture and forestry sector 2007 to 2013 (197) .

1. Aid to make good the damage caused by natural disasters or exceptional occurrences (point V.B.2. of the Guidelines) U.K.

2. Aid to compensate farmers (198) for losses caused by bad weather (point V.B.3 of the Guidelines) U.K.

2.1. What weather event has justified the aid? U.K.

…………

2.2. Please give the weather data demonstrating the exceptional nature of the event: U.K.

…………

2.3. Please indicate the last date until which aid may be granted (199) : U.K.

…………

2.4. What is the threshold of loss, in relation to normal production of the relevant crop (200) in a normal year, above which farmers will qualify for aid? U.K.

…………

2.14. Will aid be paid directly to farmers or in some circumstances to the producer organisations to which those farmers belong? In the latter case, what mechanisms will be used to check that the amount of aid collected by a farmer will not be more than the losses suffered? U.K.

…………

2.15. From 1 January 2010 will the compensation granted be reduced by 50 % if the farmer concerned has not taken insurance covering at least 50 % of mean annual production or of income related to production and the statistically most frequent climatic risks in the Member State or region concerned? U.K.



yes



If no, please note that under point 126 of the Guidelines the Commission will declare aid granted for losses due to adverse weather conditions compatible with Article 87(3)(c) of the Treaty only if all conditions of Article 11 of Regulation (EC) No 1857/2006 are met and that this condition is explicitly laid down by that Article 11. Please show too that, despite all reasonable efforts, no financially accessible insurance policy covering the statistically most frequent climatic risks in the Member State or region concerned was available at the time the damage was incurred.

2.16. For aid pertaining to drought-related losses incurred after 1 January 2011 , has the Member State fully implemented Article 9 of Directive 2000/60/EC of the European Parliament and of the Council (205) with regard to agriculture: U.K.



yes



and does it guarantee that all costs for water services in the agricultural sector are recovered from the sector (Article 11(9) of Regulation (EC) No 1857/2006)?



yes



PART III.12.O U.K. SUPPLEMENTARY INFORMATION SHEET ON AID FOR COMBATING ANIMAL AND PLANT DISEASES

This form must be used by Member States for the notification of any State aid measures designed to compensate for damage to agricultural production or the means of agricultural production as described by point V.B.4 of the Community Guidelines for State aid in the agriculture and forestry sector 2007 to 2013 (206) .

1. Animal and plant diseases U.K.

5. Has the aid scheme been introduced within three years of the expenses or losses? U.K.



yes



6. Please indicate the last date until which aid may be granted (207) . U.K.

…………

7. Please show that there are Community-level or national legislative, regulatory or administrative provisions empowering the authorities to act against the disease, either by adopting measures to eradicate it (in particular mandatory measures giving entitlement to financial compensation) or by establishing an early-warning system combined, where necessary, with aid to encourage private individuals to participate in prevention schemes on a voluntary basis (208) . U.K.

…………

8. Tick the applicable purpose of the aid scheme: U.K.



preventative in that it involves screening measures or analyses, the extermination of pests which may transmit the disease, preventative vaccinations of animals or treatment of crops, and preventative slaughtering of livestock or destruction of crops;



compensation, because the infected animals have to be slaughtered or the crops destroyed by order of, or on the recommendation of, the public authorities or because animals die as a result of vaccination or any other measure recommended or ordered by the competent authorities;



combined prevention and compensation, because a programme to deal with losses resulting from the disease is subject to the condition that the beneficiaries must make a commitment to take subsequent appropriate preventive measures as ordered by the official authorities.

9. Please show that the aid intended for controlling the disease is compatible with the specific aims and provisions of the European Union's veterinary or plant health legislation. U.K.

income losses due to quarantine obligations and difficulties in restocking or replanting;



yes



14. Please indicate the maximum aid intensity as a percentage of eligible costs. U.K.

………… % of costs of health checks, tests and other screening measures, purchase and administration of vaccines, medicines and plant protection products, slaughter and destruction costs of animals and costs of destruction of crops (gross aid intensity may not exceed 100 %).



2. TSE Tests U.K.

1. Please indicate the maximum aid intensity for TSE TESTS as a percentage of eligible costs. Under Article 16(1) of Commission Regulation (EC) 1857/2006, aid may be granted for up to 100 % of real costs incurred. Please note that Community payments regarding TSE TESTS must be included. U.K.

………… %

2. Does the measure relate to the obligatory BSE testing of bovine animals slaughtered for human consumption? U.K.



yes



Please note that the obligation to perform screening can be based on Community or national legislation.

3. If yes, does the total direct and indirect aid for these tests exceed EUR 40 per individual test (including Community payments)? U.K.



yes



4. If yes, please refer to the second subparagraph of Article 16(1) of Commission Regulation (EC) 1857/2006. U.K.

5. Will the aid be paid directly to farmers? U.K.



………… % of the costs of removal (max. 100 %)

………… % of the costs of destruction (max. 75 %)

7. Under Article 16(1)(a) of Commission Regulation (EC) 1857/2006, aid up to an equivalent amount may alternatively be granted towards the costs of premiums paid by farmers for insurance covering the costs of removal and destruction of fallen stock. Does the notified measure include this type of payment? U.K.



yes



8. Under Article 16(1)(b) of Commission Regulation (EC) 1857/2006, Member States may grant aid of up to 100 % for costs of removal and destruction of carcasses where the aid is financed through fees or through compulsory contributions destined for the financing of the destruction of such carcasses, provided that such fees or contributions are limited to and directly imposed on the meat sector. Does the notified measure include this type of payment? U.K.



yes



9. Under Article 16(1)(c) of Commission Regulation (EC) 1857/2006, Member States may grant State aid of up to 100 % for the costs of removal and destruction of fallen stock, where there is an obligation to perform TSE tests on the fallen stock concerned. Does such an obligation exist? U.K.



yes



PART III.12.P U.K. SUPPLEMENTARY INFORMATION SHEET ON AID TOWARDS THE PAYMENT OF INSURANCE PREMIUMS

This form must be used by Member States for the notification of State aid measures which are designed to partially pay insurance premiums of primary agricultural producers, as described by point V.B. 5 of the Community Guidelines for State aid in the agriculture and forestry sector 2007 to 2013 (209)

1. Does the aid measure foresee payment of insurance premiums in favour of large companies and/or companies active in the processing and marketing of agricultural products? U.K.



yes



If yes, please note that pursuant to paragraph 142 of the Guidelines the Commission cannot authorise such aid.

2. Please specify which losses will be covered by the insurance for which the premium will be partly financed under the notified aid measure: U.K.



only losses caused by adverse climatic events which can be assimilated to natural disasters, as defined in Article 2 point 8 of Commission Regulation (EC) No 1857/2006 (210)



the losses referred to above plus other losses caused by climatic events.



losses caused by animal or plant diseases or pest infestations (whether in combination with other losses mentioned in this point or not).

3. What is the level of aid proposed? U.K.

…………

Please note that if only the first case above applies, the maximum aid rate is 80 %, in all other cases (i.e. where box two and/or three has been ticked) 50 %.

4. Does the aid cover a re-insurance programme? U.K.



yes



If yes, please provide all necessary information to enable the Commission to check possible aid components at the different levels involved (i.e. at the level of the insurer and/or re-insurer) and the compatibility of the proposed aid with the common market. In particular please submit sufficient information to enable the Commission to check that the final benefit of the aid is passed on to the farmer.

5. Is the possibility of covering the risk linked to only one insurance company or group of companies? U.K.



yes



6. Is the aid conditional on the insurance contract being concluded with a company established in the Member State concerned? U.K.



yes



Please note that under Article 12(3) of Commission Regulation (EC) No 1857/2006 the Commission cannot authorise aid towards insurance premiums which constitute a barrier to the operation of the internal market for insurance services.

PART III.12.Q U.K. SUPPLEMENTARY INFORMATION SHEET FOR AID FOR CLOSING PRODUCTION, PROCESSING AND MARKETING CAPACITY

This form must be used for the notification of any State aid schemes designed to promote the abandonment of capacity as described by chapter V.C. of the Community Guidelines for State aid in the agricultural and forestry sector (211) .

1. Requirements U.K.

1.1. Does the planned scheme provide that, U.K.

the aid must be in the general interest of the sector concerned
there must be a counterpart on the part of the beneficiary
the possibility of the aid being for rescue and restructuring must be excluded and that
there must be no over-compensation of loss of capital value and of future income?



yes



If no, please note that according to chapter V.C. of the Guidelines no aid can be granted if those conditions are not fulfilled.

‘ The aid must be in the general interest of the sector concerned ’

1.2. What is/are the sector(s) covered by the scheme? U.K.

…………

1.3. Is/are that/those sector(s) subject to production limits or quotas? U.K.



yes



If yes, please describe

…………

1.4. Can that sector those sectors be considered to be in excess of capacity either at regional or national level? U.K.

1.4.2. If no, is the capacity being closed for sanitary or environmental reasons? U.K.



yes



If yes, please describe:

…………

1.5. Can it be assured that no aid may be paid which would interfere with the mechanisms of the common organisations of the market (OCM) concerned? U.K.



yes



If no, please note that according to point 147(e) of the Guidelines any aid interfering with the mechanisms of the OCM concerned cannot be authorised

1.6. Is the aid scheme accessible to all economic operators in the sector concerned on the same conditions and a transparent system of calls for interest is used? U.K.



yes



If no, please note that according to point 147(k) of the Guidelines, to be authorised by the Commission the aid scheme must assure the respect of this condition.

1.7. Are only enterprises fulfilling compulsory minimum standards eligible for aid? U.K.



yes



Please note that enterprises are excluded which do not fulfil these standards and which would be obliged to stop production anyway.

1.8. In case of open farmland or orchards: Which measures have been taken in order to avoid erosion or other negative effects on the environment? U.K.

…………

1.9. In case of installations covered by Council Directive 96/61 (212) : which measures have been taken in order to avoid any pollution risk and ensure that the site of operation is returned to a satisfactory state? U.K.

…………

‘ There must be a counterpart on the part of the beneficiary ’

1.10. What is the nature of the counterpart required to the beneficiary by the planned scheme? ……………………………… U.K.

1.11. Does it consist of a definitive and irrevocable decision to scrap or irrevocably close the production capacity concerned? U.K.



yes



1.11.1. If yes, U.K.

can it be proved that these commitments are legally binding for the beneficiary?
 yes  no
Please justify:
…………
can it be assured that these commitments must also bind any future purchaser of the facility concerned?
 yes  no
Please justify:
…………

1.11.2. If no, please describe the nature of the counterpart on the part of the beneficiary: U.K.

…………

Please note that according to point 147(g) of the guidelines where the production capacity has already closed definitively, or where such closure appears inevitable, there is no counterpart on the part of the beneficiary, and aid may not be paid.

‘ The possibility of the aid being for rescue and restructuring must be excluded ’

1.12. Does the planned scheme provides that, when the beneficiary of the aid is in financial difficulty, the aid will be assessed in accordance with the Community guidelines on rescue and restructuring of firms in difficulty (213) ? U.K.



yes



This notification form must be used for State aid for advertising of products listed in Annex I to the EC-Treaty.

Please note that promotion operations as defined as the dissemination to the general public of scientific knowledge, the organisation of trade fairs or exhibitions, participation in these and similar public relations exercises, including surveys and market research, are not considered as advertising. State aid for such promotion in the broader sense is subject to points IV.j and IV.k of the Community guidelines for State aid in the agriculture and forestry sector 2007 to 2013 (214) .

1. Advertising campaigns within the Community U.K.

1.1. Where will the measure be carried out? U.K.



on the market of another Member State;



on the home market.

Who will carry out the advertising campaign ?



producer groups or other organisations, regardless of their size;



others (please explain):

…

1.2. Can your authorities submit samples or mock-ups of the advertising material to the Commission? U.K.



yes



If not, please explain why.

…………

1.3. Please provide an exhaustive list of the eligible expenses. U.K.

…………

1.4. Who are the beneficiaries of the aid ? U.K.



farmers ;



producer groups and/or producer organisations;



enterprises active in the processing and marketing of agricultural products;



up to 50 % (indicate the exact rate: … %) because the sector will finance the rest of the campaign itself;

yes



If yes, please note that under point VI.D of the Guidelines no aid may be granted for such campaigns.

Editorial Information

X2 Inserted 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

F5 Inserted 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.

PART III.12.S U.K. SUPPLEMENTARY INFORMATION SHEET ON AIDS LINKED TO TAX EXEMPTIONS UNDER DIRECTIVE 2003/96/EC

This form must be used for the notification of any State aid measure linked to tax exemptions under directive 2003/96/EC (218) .

1. Which measure is envisaged ? U.K.



tax reduction for motor fuels used in primary agricultural production;





yes



If yes, please indicate whether the eligible costs concern:



planting, felling and pruning in general;



removal of fallen trees;



restoring forests damaged by air pollution, animals, storms, floods, fire or similar events;

If one of the above apply, please describe the measures and confirm that the primary objective of the measure is to maintain and restore forest ecosystem and biodiversity or the traditional landscape and that no aid is granted for felling whose primary purpose is commercially viable extraction of timber or for restocking where the felled trees are replaced by equivalent ones:

…………



afforestation to increase forest cover;

Please describe the environmental reasons justifying the afforestation to increase forest cover and confirm that no aid will be granted for afforestation with species cultivated in the short term:

…………



afforestation to promote biodiversity;

Please describe the measure and indicate the areas concerned:

…………



afforestation to create wooded areas for recreational purposes;

Are the above wooded areas accessible to the public at no cost for recreational purposes? If not, is access restricted to protect sensitive areas?

…………



afforestation to combat erosion and desertification or to promote a comparable protective function of the forest;

Please describe the measures specifying theareas concerned, the protective function envisaged, tree species to be planted and any accompanying and maintenance measures to be undertaken:

…………



other (please explain).

…………

3.2. Does the measure include aid for maintaining and improving soil quality in forests and/or ensuring balanced and healthy tree growth (point VII.C. b)? U.K.



yes



If yes, please indicate whether the eligible costs concern:



fertilisation;



other soil treatments;

Please specify the type of fertilisation and/or other soil treatment

…………



reduction of excessive vegetation density;

.

ensuring sufficient water retention and proper drainage.

Please confirm that the above measures will not reduce biodiversity, cause nutrient leaching or adversely affect natural water ecosystems or water protection zones and describe how this will be controlled in practice:

…………

3.3. Does the measure include aid for preventing, eradicating and treating pests, pest damage and tree diseases or preventing and treating damage done by animals or targeted measures to prevent forest fires (point VII.C. c)? U.K.



yes



If yes, please indicate whether the eligible costs concern:



prevention and treatment of pests and tree diseases and pest damage or prevention and treatment of damage done by animals;

Please indicate the pests and diseases or animals in question:

…………

Please describe the prevention and treatment methods and mention any necessary products, appliances and materials. Are biological and mechanical prevention and treatment methods preferred when granting aid? If not, please demonstrate that they are not sufficient to fight the disease or pest in question:

…………



targeted measures to prevent forest fires.

Please describe the measures:

…………

Is aid granted to compensate for the value of stock destroyed by animals or on the order of the authorities to fight the disease or pest in question?



yes



If yes please describe the measures and demonstrate that they fulfil the conditions set out in point 107 of the Guidelines:

…………

4. Amount of aid U.K.

4.1. Is the aid for measures indicated under points 3.1 to 3.7 limited to 100 % of the eligible costs and overcompensation excluded? U.K.



yes



Please describe how the exclusion of overcompensation will be controlled:

…………

4.2. Is the aid for measures indicated under point 3.8 limited to the maximum intensity or amount laid down in Regulation (EC) No 1698/2005 or any replacing legislation? U.K.



yes



Are the mesures indicated under point 3.8 being co-financed under Regulation (EC) No 1698/2005 or any replacing legislation or is such co-financing envisaged or possible?



yes



If yes, please describe how any double funding leading to overcompensation will excluded:

…………

4.3. Can the compensation for measures indicated under point 3.9 be granted above the maximum aid rate for aid under Article 47 fixed in the Annex of Regulation (EC) No 1698/2005, but in no case more than the demonstrated additional costs and income foregone? U.K.



yes



In both cases, please indicate the aid amount and describe how it is calculated. If yes, please describe the specific circumstances and the effect of the measure to the environment and present calculations showing that the additional amounts of aid are limited to the demonstrated additional costs and/or income foregone:

…………

4.4. Is the aid for the measures indicated under point 3.10 is limited to the maximum aid intensity laid down in Article 4 of the Exemption Regulation for the purchase of agricultural land? U.K.



yes



Please describe how the exclusion of overcompensation will be controlled:

…………

4.5. Is the aid for measures indicated under points 3.11 to 3.13 limited to the maximum aid intensity laid down in the applicable rules of the Exemption Regulation or the Guidelines? U.K.



yes



Please describe how the exclusion of overcompensation will be controlled:

…………

…………] ]

[X3 [X4PART III.14 U.K. SUPPLEMENTARY INFORMATION SHEET FOR AID TO FISHERIES

1. Objectives of the scheme (tick as appropriate): U.K.

aid for the permanent withdrawal of fishing vessels through their transfer to third countries (aid to export, aid for the setting up of joint ventures) (point 4.2 of the guidelines);

aid for the temporary cessation of fishing activities (point 4.3 of the guidelines);

aid for investment in the fleet (aid for renewal, aid for modernisation and equipment, aid for the purchase of used vessels) (point 4.4 of the guidelines);

socioeconomic measures (point 4.5 of the guidelines);

aid to make good damage caused by natural disaster or exceptional occurrences (point 4.6 of the guidelines);

others (in particular, indicate if the aid concerned falls within the categories of aid covered by the Commission Regulation on State aid to SMEs in the fisheries sector).

2. Where aid scheme concerns permanent transfer of fishing vessels to developing countries, indicate how will it be ensured that international law will be not infringed in particular with respect to conservation and management of marine resources. U.K.

3. A fully reasoned justification as to why and on the basis of which provision of the guidelines the scheme may be considered as compatible with the common market shall be provided. This text should include a detailed demonstration that all conditions of the guidelines and, where they refer to Regulation (EC) No 2792/1999, the conditions of the relevant provisions of, and annexes to that Regulation are fulfilled. It should also summarise the content of the necessary supporting documents submitted with the notification (e.g. socioeconomic data on the recipient regions, scientific and economic justification). U.K.

4. Each notification should contain the following undertakings from the Member State: U.K.

commitment that the measures financed and their effects comply with Community law,
commitment that, during the grant period, the beneficiaries of the aid comply with the rules of the Common Fisheries Policy.] ]

Editorial Information

X3 Inserted by Corrigendum to Commission Regulation (EC) No 794/2004 of 21 April 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 140 of 30 April 2004).

X4 Substituted by Corrigendum of the Corrigendum to Commission Regulation (EC) No 794/2004 of 21 April 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 25 of 28 January 2005).

[F1ANNEX II U.K. SIMPLIFIED NOTIFICATION FORM]

ANNEX III AU.K.STANDARDISED REPORTING FORMAT FOR EXISTING STATE AID

(This format covers all sectors except agriculture)U.K.

With a view to simplifying, streamlining and improving the overall reporting system for State aid, the existing Standardised Reporting Procedure shall be replaced by an annual updating exercise. The Commission shall send a pre-formatted spreadsheet, containing detailed information on all existing aid schemes and individual aid, to the Member States by 1 March each year. Member States shall return the spreadsheet in an electronic format to the Commission by 30 June of the year in question. This will enable the Commission to publish State aid data in year t for the reporting period t-1(221).

The bulk of the information in the pre-formatted spreadsheet shall be pre-completed by the Commission on the basis of data provided at the time of approval of the aid. Member States shall be required to check and, where necessary, modify the details for each scheme or individual aid, and to add the annual expenditure for the latest year (t-1). In addition, Member States shall indicate which schemes have expired or for which all payments have stopped and whether or not a scheme is co-financed by Community Funds.

Information such as the objective of the aid, the sector to which the aid is directed, etc shall refer to the time at which the aid is approved and not to the final beneficiaries of the aid. For example, the primary objective of a scheme which, at the time the aid is approved, is exclusively earmarked for small and medium-sized enterprises shall be aid for small and medium-sized enterprises. However, another scheme for which all aid is ultimately awarded to small and medium-sized enterprises shall not be regarded as such if, at the time the aid is approved, the scheme is open to all enterprises.

The following parameters shall be included in the spreadsheet. Parameters 1-3 and 6-12 shall be pre-completed by the Commission and checked by the Member States. Parameters 4, 5 and 13 shall be completed by the Member States.

Title

Aid number

All previous aid numbers (e.g., following the renewal of a scheme)

Expiry

Member States should indicate those schemes which have expired or for which all payments have stopped.

Co-financing

Although Community funding itself is excluded, total State aid for each Member State shall include aid measures that are co-financed by Community funding. In order to identify which schemes are co-financed and estimate how much such aid represents in relation to overall State aid, Member States are required to indicate whether or not the scheme is co-financed and if so the percentage of aid that is co-financed. If this is not possible, an estimate of the total amount of aid that is co-financed shall be provided.

Sector

The sectoral classification shall be based largely on NACE(222) at the [three-digit level].

Primary objective

Secondary objective

A secondary objective is one for which, in addition to the primary objective, the aid (or a distinct part of it) was exclusively earmarked at the time the aid was approved. For example, a scheme for which the primary objective is research and development may have as a secondary objective small and medium-sized enterprises (SMEs) if the aid is earmarked exclusively for SMEs. Another scheme for which the primary objective is SMEs may have as secondary objectives training and employment if, at the time the aid was approved, the aid is earmarked for x% training and y% employment.

Region(s)

Aid may, at the time of approval, be exclusively earmarked for a specific region or group of regions. Where appropriate, a distinction should be made between the Article 87(3)a regions and the Article 87(3)c regions. If the aid is earmarked for one particular region, this should be specified at NUTS(223) level II.

10.

Category of aid instrument(s)

A distinction shall be made between six categories (Grant, Tax reduction/exemption, Equity participation, Soft loan, Tax deferral, Guarantee).

11.

Description of aid instrument in national language

12.

Type of aid

A distinction shall be made between three categories: Scheme, Individual application of a scheme, Individual aid awarded outside of a scheme (ad hoc aid).

13.

Expenditure

As a general rule, figures should be expressed in terms of actual expenditure (or actual revenue foregone in the case of tax expenditure). Where payments are not available, commitments or budget appropriations shall be provided and flagged accordingly. Separate figures shall be provided for each aid instrument within a scheme or individual aid (e.g. grant, soft loans, etc.) Figures shall be expressed in the national currency in application at the time of the reporting period. Expenditure shall be provided for t-1, t-2, t-3, t-4, t-5.

ANNEX III BU.K.STANDARDISED REPORTING FORMAT FOR EXISTING STATE AID

(This format covers the agricultural sector)U.K.

Title

Aid number

All previous aid numbers (e.g., following the renewal of a scheme)

Expiry

Member States should indicate those schemes which have expired or for which all payments have stopped.

Co-financing

Sector

The sectoral classification shall be based largely on NACE(225) at the [three-digit level].

Primary objective

Secondary objective

A secondary objective is one for which, in addition to the primary objective, the aid (or a distinct part of it) was exclusively earmarked at the time the aid was approved. For example, a scheme for which the primary objective is research and development may have as a secondary objective small and medium-sized enterprises (SMEs) if the aid is earmarked exclusively for SMEs. Another scheme for which the primary objective is SMEs may have as secondary objectives training and employment aid if, at the time the aid was approved the aid is earmarked for x% training and y% employment.

Region(s)

Aid may, at the time of approval, be exclusively earmarked for a specific region or group of regions. Where appropriate, a distinction should be made between Objective 1 regions and less-favoured areas.

10.

Category of aid instrument(s)

A distinction shall be made between six categories (Grant, Tax reduction/exemption, Equity participation, Soft loan, Tax deferral, Guarantee).

11.

Description of aid instrument in national language

12.

Type of aid

A distinction shall be made between three categories: Scheme, Individual application of a scheme, Individual aid awarded outside of a scheme (ad hoc aid).

13.

Expenditure

14.

Aid intensity and beneficiaries

Member States should indicate:

the effective aid intensity of the support actually granted per type of aid and of region
the number of beneficiaries
the average amount of aid per beneficiary.

ANNEX III CU.K.INFORMATION TO BE CONTAINED IN THE ANNUAL REPORT TO BE PROVIDED TO THE COMMISSION

The reports shall be provided in computerised form. They shall contain the following information:U.K.

1.Title of aid scheme, Commission aid number and reference of the Commission decisionU.K.

2.Expenditure. The figures have to be expressed in euros or, if applicable, national currency. In the case of tax expenditure, annual tax losses have to be reported. If precise figures are not available, such losses may be estimated. For the year under review indicate separately for each aid instrument within the scheme (e.g. grant, soft loan, guarantee, etc.):U.K.

2.1.amounts committed, (estimated) tax losses or other revenue forgone, data on guarantees, etc. for new assisted projects. In the case of guarantee schemes, the total amount of new guarantees handed out should be provided;U.K.

2.2.actual payments, (estimated) tax losses or other revenue forgone, data on guarantees, etc. for new and current projects. In the case of guarantee schemes, the following should be provided: total amount of outstanding guarantees, premium income, recoveries, indemnities paid out, operating result of the scheme under the year under review;U.K.

2.3.number of assisted projects and/or enterprises;U.K.

2.4.estimated overall amount of:U.K.

aid granted for the permanent withdrawal of fishing vessels through their transfer to third countries;
aid granted for the temporary cessation of fishing activities;
aid granted for the renewal of fishing vessels;
aid granted for modernisation of fishing vessels;
aid granted for the purchase of used vessels;
aid granted for socio-economic measures;
aid granted to make good damage caused by natural disasters or exceptional occurences;
aid granted to outermost regions;
aid granted through parafiscal charges;

2.5.regional breakdown of amounts under point 2.1. by regions defined as Objective 1 regions and other areas;U.K.

3.Other information and remarks.U.K.

(1)

OJ L 83, 27.3.1999, p. 1. Regulation as amended by the 2003 Act of Accession.

(2)

OJ L 124, 8.6.1971, p. 1.

(3)

OJ L 300, 5.11.2002, p. 42.

(4)

[F3 OJ C 82, 1.4.2008, p. 1 . For details concerning the use of this supplementary notification sheet in agriculture and fisheries sectors see Section 2.1 (points 59 and 61) of the Environmental aid guidelines.]

(5)

[F3Please note that Sections 4, 7 and 8 do not have to be filled in, in the case of tax exemptions and reductions from environmental taxes falling under Chapter 4 of the Environmental aid guidelines.]

(6)

[F3Cf. Environmental aid guidelines, Section 3.1.1.]

(7)

[F3Please note that aid may not be granted where improvements bring companies into line with Community standards already adopted and not yet in force.]

(8)

[F3The maximum aid intensity is 50 % of the eligible investment cost.]

(9)

[F3For details of the genuinely competitive bidding process required, see point 77 of the Environmental aid guidelines.]

(10)

[F3The aid intensity may be increased by 10 percentage points for medium-sized enterprises and by 20 percentage points for small enterprises.]

(11)

[F3Cf. for details see point 78 of the Environmental aid guidelines.]

(12)

[F3The aid intensity may be increased by 10 percentage points.]

(13)

[F3For details see points 80 to 84 of the Environmental aid guidelines.]

(14)

[F3The correct counterfactual is the cost of a technically comparable investment that provides a lower degree of environmental protection (corresponding to mandatory Community standards, if they exist) and that would credibly be realised without aid. See point 81(b) of the Environmental aid guidelines.]

(15)

[F3Please note that this condition does not apply if the intangible asset is technically out of date.]

(16)

[F3Please note that the cost of investments needed to reach the level of protection required by the Community standards is not eligible.]

(17)

[F3Cf. Environmental aid guidelines, Section 3.1.2.]

(18)

[F3Cf. Environmental aid guidelines, Section 3.1.3.]

(19)

[F3The maximum aid intensity is 25 % if the implementation and finalisation take place more than three years before the mandatory date of transposition or date of entry into force and 20 % if the implementation and the finalisation take place between one and three years before the mandatory date of transposition or date of entry into force.]

(20)

[F3The maximum aid intensity is 20 % if the implementation and finalisation take place more than three years before the mandatory date of transposition or date of entry into force and 15 % if the implementation and the finalisation take place between one and three years before the mandatory date of transposition or date of entry into force.]

(21)

[F3The maximum aid intensity is 15 % if the implementation and finalisation take place more than three years before the mandatory date of transposition or date of entry into force and 10 % if the implementation and the finalisation take place between one and three years before the mandatory date of transposition or date of entry into force.]

(22)

[F3The correct counterfactual is the cost of a technically comparable investment that provides a lower degree of environmental protection and that would credibly be realised without aid. See point 81(b) of the Environmental aid guidelines.]

(23)

[F3Please note that this condition does not apply if the intangible asset is technically out of date.]

(24)

[F3Cf. Environmental aid guidelines, Section 3.1.4.]

(25)

[F3The maximum aid intensity is 50 % of the costs of the study.]

(26)

[F3When the aid is undertaken on behalf of an SME, the aid intensity may be increased by 10 percentage points for medium-sized enterprises and by 20 percentage points for small enterprises.]

(27)

[F3Cf. Environmental aid guidelines, Section 3.1.5.]

(28)

[F3The maximum aid intensity is 60 % of the eligible investment costs.]

(29)

[F3The aid intensity may be increased by 10 percentage points for medium-sized enterprises and by 20 percentage points for small enterprises.]

(30)

[F3For details of the genuinely competitive bidding process required, see point 97 of the Environmental aid guidelines.]

(31)

[F3For details see point 98 of the Environmental aid guidelines.]

(32)

(33)

[F3Please note that for large undertakings, this period can be reduced to the first three years of the life of the investment, where the depreciation time of the investment can be demonstrated not to exceed three years.]

(34)

[F3Please note that the cost of investments needed to reach the level of protection required by the Community standards is not eligible.]

(35)

[F3Please note that this condition does not apply if the intangible asset is technically out of date.]

(36)

[F3See point 81(b) of the Environmental aid guidelines.]

(37)

[F3Please note that any investment aid granted to the undertaking in respect of the new plant must be deducted from production costs.]

(38)

[F3Please note that the duration must be limited to maximum five years.]

(39)

[F3The aid intensity must not exceed 100 % of the extra costs in the first year, but must have fallen in a linear fashion to zero by the end of the fifth year.]

(40)

[F3The maximum aid intensity is 50 % of the extra costs.]

(41)

[F3Cf. Environmental aid guidelines, Section 3.1.6.]

(42)

[F3See point 70(5) to (9) of the Environmental aid guidelines.]

(43)

[F3Please note that aid for investment and/or operating aid for the production of biofuels shall be allowed only with regard to sustainable biofuels.]

(44)

[F3The maximum aid intensity is 60 % of the eligible investment costs.]

(45)

[F3The aid intensity may be increased by 10 percentage points for medium-sized enterprises and by 20 percentage points for small enterprises.]

(46)

[F3For details of the genuinely competitive bidding process required, see point 104 of the Environmental aid guidelines.]

(47)

[F3For details see points 105 and 106 of the Environmental aid guidelines.]

(48)

(49)

[F3Please note that this condition does not apply if the intangible asset is technically out of date.]

(50)

[F3For details on Option 1 see point 109 of the Environmental aid guidelines, for Option 2 see point 110 of the Environmental aid guidelines and for Option 3 see point 111 of the Environmental aid guidelines.]

(51)

[F3For aid schemes the information can be provided in the form of a (theoretical) calculation example (preferably with the amounts in net present values). The production costs should at least be specified separately for each type of renewable energy source. Specific information may also be useful for different plant capacities and for different types of production installation where the cost structure varies significantly (for example for land-based and/or off-shore wind power).]

(52)

[F3Please note that any further energy produced by the plant will not qualify for any assistance. However, the aid may also cover a normal return on capital.]

(53)

[F3The depreciation should at least be specified separately for each type of renewable energy source (preferably with the amounts in net present values). Specific information may also be useful for different plant capacities and land-based and/or off-shore windpower.]

(54)

[F3Please note that the Commission can authorise such notified measure for a period of 10 years.]

(55)

[F3Member States may grant operating aid in accordance with the provisions set out in point 100 of the Environmental aid guidelines.]

(56)

[F3Please note that the duration must be limited to maximum five years.]

(57)

(58)

[F3The aid intensity must not exceed 100 % of the extra costs in the first year, but must have fallen in a linear fashion to zero by the end of the fifth year.]

(59)

[F3The maximum aid intensity is 50 % of the extra costs.]

(60)

[F3Cf. Environmental aid guidelines, Section 3.1.7.]

(61)

[F3The maximum aid intensity is 60 % of the eligible investment costs.]

(62)

[F3The aid intensity may be increased by 10 percentage points for medium-sized enterprises and by 20 percentage points for small enterprises.]

(63)

[F3For details of the genuinely competitive bidding process required, see point 116 of the Environmental aid guidelines.]

(64)

[F3For details see points 117 and 118 of the Environmental aid guidelines.]

(65)

(66)

[F3Please note that this condition does not apply if the intangible asset is technically out of date.]

(67)

[F3The decision as to whether the aid is necessary will take account of the costs and revenue resulting from the production and sale of the electric power or heat.]

(68)

[F3The production cost may include the plant’s normal return on capital, but any gains by the undertaking in terms of heat production must be deducted from production costs.]

(69)

[F3For aid schemes the information can be provided in the form of an (theoretical) calculation example.]

(70)

[F3Please note that any further energy produced by the plant will not qualify for any assistance. However, the aid may also cover a normal return on capital.]

(71)

[F3Please note that the Commission can authorise such notified measure for a period of 10 years.]

(72)

[F3Please note that the duration must be limited to maximum five years.]

(73)

[F3The aid intensity must not exceed 100 % of the extra costs in the first year, but must have fallen in a linear fashion to zero by the end of the fifth year.]

(74)

[F3The maximum aid intensity is 50 % of the extra costs.]

(75)

[F3Cf. Environmental aid guidelines, Section 3.1.8.]

(76)

[F3The maximum aid intensity is 50 % of the eligible costs. If the aid is intended solely for the generation part of a district heating installation, energy-efficient district heating installations using renewable sources of energy or cogeneration, the maximum aid intensity is 60 % of the eligible costs.]

(77)

[F3The aid intensity may be increased by 10 percentage points for medium-sized enterprises and by 20 percentage points for small enterprises.]

(78)

[F3For details of the genuinely competitive bidding process required, see point 123 of the Environmental aid guidelines.]

(79)

[F3For details see points 124 and 125 of the Environmental aid guidelines.]

(80)

(81)

[F3Please note that this condition does not apply if the intangible asset is technically out of date.]

(82)

[F3Cf. Environmental aid guidelines, Section 3.1.9.]

(83)

[F3Classification given in the Communication from the Commission on the review of the Community Strategy for Waste Management (COM(96) 399 final, 30.7.1996 ). For details see footnote 45 of the Environmental aid guidelines.]

(84)

[F3For a definition see footnote 46 of the Environmental aid guidelines.]

(85)

[F3The maximum aid intensity is 50 % of the eligible investment costs.]

(86)

[F3The aid intensity may be increased by 10 percentage points for medium-sized enterprises and by 20 percentage points for small enterprises.]

(87)

[F3For details, see points 130 and 131 of the Environmental aid guidelines.]

(88)

(89)

[F3Please note that this condition does not apply if the intangible asset is technically out of date.]

(90)

[F3Cf. Environmental aid guidelines, Section 3.1.10.]

(91)

[F3The environmental damage concerned covers damage to the quality of the soil or of surface water or groundwater.]

(92)

[F3In this context, ‘ polluter ’ refers to the person liable under the law applicable in each Member State, without prejudice to the adoption of Community rules in the matter.]

(93)

[F3The aid may amount up to 100 % of the eligible costs.]

(94)

[F3All expenditure incurred by an undertaking in remediating its site, whether or not such expenditure can be shown as a fixed asset on its balance sheet, ranks as eligible investment in the case of the remediation of contaminated sites.]

(95)

[F3Cf. Environmental aid guidelines, Section 3.1.11.]

(96)

[F3 OJ L 206, 22.7.1992, p. 7 .]

(97)

[F3Council Directive 96/82/EC on the control of major-accidents hazards involving dangerous substances OJ L 10, 14.1.1997, p. 13 .]

(98)

[F3The maximum aid intensity is 50 % of the eligible investment costs.]

(99)

[F3The aid intensity may be increased by 10 percentage points for medium-sized enterprises and by 20 percentage points for small enterprises.]

(100)

[F3Cf. Environmental aid guidelines, Section 3.1.12.]

(101)

[F3Please note that these criteria do not apply for the trading period ending on 31 December 2012 for tradable permit schemes in accordance with Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a scheme for greenhouse gas emission allowance trading within the Community and amending Council Directive 96/61/EC ( OJ L 275, 25.10.2003, p. 32 ).]

(102)

[F3This analysis may be conducted on the basis of estimations of, inter alia , the product price elasticity of the sector concerned. These estimations will be made in the relevant geographic market. Estimates of lost sales as well as their impact on the profitability of the company may be used.]

(103)

[F3Cf. the Environmental aid guidelines, Section 3.2.]

(104)

[F3See point 143 of the Environmental aid guidelines.]

(105)

[F3Due account being taken of the benefits associated with the investment without aid, including the value of tradable permits which may become available to the undertaking concerned following the environmentally friendly investment.]

(106)

[F3The Commission may also consider a group of projects as together constituting a project.]

(107)

[F3Please note that the projects must be specific and clearly defined as regards these aspects.]

(108)

[F3Please note that the common European interest must be demonstrated in practical terms, for example it must be demonstrated that the project enables significant progress to be made towards achieving specific environmental Community objectives.]

(109)

[F3Such as by being of great importance for the environmental strategy of the European Union.]

(110)

[F3The fact that the project is carried out by undertakings in different Member States is not sufficient.]

(111)

[F3Please note that it must be substantial in size and produce substantial environmental effects.]

(112)

[F3Please note that the Commission will consider the notified projects more favourably if they include a significant own contribution of the beneficiary to the projects.]

(113)

[F3Please note that the Commission will consider the notified projects more favourably if they involve undertakings from a significant number of Member States.]

(114)

[F3Please note that the Commission may authorise aid at higher rates than otherwise laid down in the Environmental aid guidelines.]

(115)

[F3‘ Community minimum tax level ’ means the minimum level of taxation provided for in Community legislation. For energy products and electricity, the Community minimum tax level means the minimum level of taxation laid down in Annex I to Council Directive 2003/96/EC of 27 October 2003 restructuring the Community framework for the taxation of energy products and electricity ( OJ L 283, 31.10.2003, p. 51 .]

(116)

[F3With regard to energy products and electricity ‘ energy-intensive business ’ as defined in Article 17(1)(a) of Directive 2003/96/EC shall be regarded as fulfilling this criterion as long as that provision remains in force.]

(117)

[F3In this respect, Member States may provide estimations of, inter alia , the product price elasticity of the sector concerned in the relevant geographic market as well as estimates of lost sales and/or reduced profits for the companies in the sector/category concerned.]

(118)

[F3Meaning the same effect as if the scheme laid down criteria ensuring that each individual beneficiary pays a proportion of the national tax level which is broadly equivalent to the environmental performance of each beneficiary compared to the performance related to the best performing technique within the EEA, see point 159(a) of the Guidelines.]

(119)

[F3Unless a lower rate can be justified in view of a limited distortion of competition, see point 159(b) of the Guidelines.]

(120)

[F3Cf. Environmental aid guidelines. Section 5.1.]

(121)

[F3Please note that aid for the production of heat from cogeneration will be assessed in the context of notification based on electricity.]

(122)

[F3For details see point 161 of the Environmental aid guidelines.]

(123)

[F3Please note that in order to calculate external avoided costs, the method of calculation used has to be internationally recognised and validated by the Commission. Please further note that in any event, the amount of aid granted to producers that exceeds the amount of aid resulting form option 1 (cf. point 109 of the Environmental aid guidelines) for operating aid for renewable sources of energy must be reinvested by the firms in renewable sources of energy in accordance with section 3.1.6.1.]

(124)

[F3Cf. Environmental aid guidelines, Section 5.2.]

(125)

[F3For details on detailed assessment and balancing the positive and negative elements see Section 1.3, 5.2.1 (points 166 to 174) and 5.2.2 (points 175 to 188).]

(126)

[F3Cf. Environmental aid guidelines, Section 5.2.1.1.]

(127)

[F3Cf. Environmental aid guidelines, Section 5.2.1.2.]

(128)

[F3Cf. Environmental aid guidelines, Section 5.2.1.3.]

(129)

[F3For instance, a new investment, a more environmentally friendly production process and/or a new product that is more environmentally friendly.]

(130)

[F3For details on different types of advantages see Section 5.2.1.3 (point (172) of the Environmental aid guidelines.]

(131)

[F3Cf. Environmental aid guidelines, Section 5.2.1.4.]

(132)

[F3For example information on how non-discrimination, transparency, openness are ensured.]

(133)

[F3For details on negative effects of the aid measure see Section 5.2.2.]

(134)

[F3For details see footnote 60 of the Environmental aid guidelines.]

(135)

[F3For details see point 177 of the Environmental aid guidelines.]

(136)

[F3For details see points 178 and 179 of the Environmental aid guidelines.]

(137)

[F3For details see Section 5.2.2.2 of the Environmental aid guidelines.]

(138)

[F3For details see Section 5.2.2.2. of the Environmental aid guidelines.]

(139)

[F3For details see Section 5.2.2.3. of the Environmental aid guidelines.]

(140)

[F3For details see Section 5.2.2.4. of the Environmental aid guidelines.]

(141)

[F3Cf. Environmental aid guidelines, Chapter 6.]

(142)

[F3Please note that aid for environmental protection must not be cumulated with de minimis aid in respect of the same eligible costs if such cumulation would result in an aid intensity exceeding that fixed in the Environmental aid guidelines.]

(143)

[F3Cf. Environmental aid guidelines, Section 7.1, 7.2 and 7.3.]

(144)

[F3Commission Regulation (EC) No 794/2004 of 21 April 2004 implementing Council Regulation (EC) No 659/1999 laying down detailed rules for the application of Article 93 of the EC Treaty ( OJ L 140, 30.4.2004, p. 1 ).]

(145)

[F4 [X1 OJ C 319, 27.12.2006, p. 1 .] ]

(146)

[F4 [X1Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy ( OJ L 327, 22.12.2000, p. 1 ).] ]

(147)

[F4 [X1Council Directive 2003/96/EC of 27 October 2003 restructuring the Community framework for the taxation of energy products and electricity; OJ L 283, 31.10.2003, p. 51 .] ]

(148)

[F4 [X1 OJ C 319, 27.12.2006, p. 1 .] ]

(149)

[F4 [X1Council 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 ).] ]

(150)

[F4 [X1Council Regulation (EEC) No 2019/93 of 19 July 1993 introducing specific measures for the smaller Aegean islands concerning certain agricultural products ( OJ L 184, 27.7.1993, p. 1 ).] ]

(151)

[F4 [X1Council Directive 91/676/EEC of 12 December 1991 concerning the protection of waters against pollution caused by nitrates from agricultural sources ( OJ L 375, 31.12.1991, p. 1 ).] ]

(152)

[F4 [X1‘ Processing of agricultural products ’ means any operation on an agricultural product resulting in a product which is also an agricultural product, except on farm activities necessary for preparing an animal or plant product for the first sale.] ]

(153)

[F4 [X1‘ Marketing of agricultural products ’ means holding or display with a view to sale, offering for sale, delivery or any other manner of placing on the market, except the first sale of a primary producer to resellers or processors and any activity preparing a product for such first sale; a sale by a primary producer to final consumers shall be considered as marketing if it takes place in separate premises reserved for that purpose.] ]

(154)

[F4 [X1 OJ C 319, 27.12.2006, p. 1 .] ]

(155)

[F4 [X1Commission Regulation (EC) No 70/2001, 12 January 2001 ; ( OJ L 10, 13.1.2001, p. 33 ).] ]

(156)

[F4 [X1 OJ L 302, 1.11.2006, p. 29 .] ]

(157)

[F4 [X1 OJ C 54, 4.3.2006, p. 13 .] ]

(158)

[F4 [X1Commission Regulation (EC) No 794/2004 of 21 April 2004 implementing Council Regulation (EC) No 659/1999 laying down detailed rules for the application of Article 93 of the EC Treaty; OJ L 140, 30.4.2004, p. 1 .] ]

(159)

[F4 [X1 OJ L 302, 1.11.2006, p. 10 .] ]

(160)

[F4 [X1Council Regulation (EEC) No 2019/93 ( OJ L 184, 27.7.93, p. 1 ).] ]

(161)

[F4 [X1Council Regulation (EC) No 1698/2005 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD), OJ L 277, 21.10.2005, p. 1 ] ]

(162)

[F4 [X1Commission Recommendation of 6 May 2003 concerning the definition of micro, small and medium-sized enterprises; ( OJ L 124, 20.5.2003, p. 36 ).] ]

(163)

[F4 [X1 OJ C 319, 27.12.2006, p. 1 .] ]

(164)

[F4 [X1Council Regulation (EC) No 1698/2005 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD) ( OJ L 277, 21.10.2005, p. 1 ).] ]

(165)

[F4 [X1Council Regulation (EC) No 1782/2003 establishing common rules for direct support schems under the common agricultural policy and establishing certain support schemes for farmers, OJ L 270, 21.10.2003, p. 1 ] ]

(166)

[F4 [X1 OJ L 270, 21.10.2003, p. 1 .] ]

(167)

(168)

[F4 [X1 OJ C 319, 27.12.2006, p. 1 .] ]

(169)

[F4 [X1Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds ( OJ L 103, 25.4.1979, p. 1 ).] ]

(170)

[F4 [X1Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora ( OJ L 206, 22.7.1992, p. 7 ).] ]

(171)

[F4 [X1Council Regulation (EC) No 1782/2003 of 29 September 2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers and amending Regulations (EEC) No 2019/93, (EC) No 1452/2001, (EC) No 1453/2001, (EC) No 1454/2001, (EC) No 1868/94, (EC) No 1251/1999, (EC) No 1254/1999, (EC) No 1673/2000, (EEC) No 2358/71 and (EC) No 2529/2001 ( OJ L 270, 21.10.2003, p. 1 ).] ]

(172)

[F4 [X1Council 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 .] ]

(173)

[F4 [X1 OJ C 319, 27.12.2006, p. 1 .] ]

(174)

[F4 [X1Council 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 .] ]

(175)

[F4 [X1Council 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 ).] ]

(176)

[F4 [X1Council 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 ).] ]

(177)

[F4 [X1 OJ C 319, 27.12.2006, p. 1 ] ]

(178)

[F4 [X1 OJ C 319, 27.12.2006, p. 1 .] ]

(179)

[F4 [X1Council 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 ).] ]

(180)

[F4 [X1 OJ C 319, 27.12.2006, p. 1 .] ]

(181)

[F4 [X1Council 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 ).] ]

(182)

[F4 [X1 OJ C 319, 27.12.2006, p. 1 .] ]

(183)

(184)

[F4 [X1 OJ C 319, 27.12.2006, p. 1 .] ]

(185)

[F4 [X1 OJ C 319, 27.12.2006, p. 1 .] ]

(186)

[F4 [X1Council 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 ).] ]

(187)

[F4 [X1 OJ L 358, 16.12.2006, p. 3 .] ]

(188)

[F4 [X1 OJ C 319, 27.12.2006, p. 1 ] ]

(189)

[F4 [X1Council Regulation (EC) No 510/2006 of 20 March 2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs ( OJ L 93, 31.3.2006 p. 12 ).] ]

(190)

[F4 [X1 OJ L 179, 14.7.1999, p. 1 . Regulation as last amended by Regulation (EC) No 2165/2005. OJ L 345, 28.12.2005, p. 1 .] ]

(191)

[F4 [X1 OJ L 358, 16.12.2006, p. 3 .] ]

(192)

[F4 [X1 OJ C 319, 27.12.2006, p. 1 ] ]

(193)

[F4 [X1Commission Regulation (EC) No 1857/2006 on the application of Articles 87 and 88 of the EC Treaty to State aid to small and medium-sized enterprises active in the production of agricultural products and amending Regulation (EC) 70/2001 ( OJ L 358, 16.12.2006, p. 3 ).] ]

(194)

[F4 [X1 OJ C 319, 27.12.2006, p. 1 .] ]

(195)

[F4 [X1The description should reflect how the authorities intend to ensure that the aid is given only in respect of the extra cost of transport of goods inside national borders, is calculated on the basis of the most economical form of transport and the shortest route between the place of production or processing and commercial outlets, and cannot be given towards the transport of the products of businesses without an alternative location.] ]

(196)

[F4 [X1Foreseen in Article 21 of Regulation (EC) No 247/2006 ( OJ L 42, 14.2.2006, p. 1 ).] ]

(197)

[F4 [X1 OJ C 319, 27.12.2006, p. 1 .] ]

(198)

[F4 [X1That is, farmers to the exclusion of processing and marketing undertakings.] ]

(199)

[F4 [X1Under Article 11(10) of the Exemption Regulation, aid must be disbursed within four years after the expenses or losses have been incurred.] ]

(200)

[F4 [X1The reference to crops does not mean that livestock are excluded from aid. The principles set out in point V.B.3 of the Guidelines will apply mutatis mutandis to aid intended to compensate for losses involving livestock due to adverse weather.] ]

(201)

[F4 [X1Commission Regulation (EC) No 1857/2006 of 15 December 2006 on the application of Articles 87 and 88 of the EC Treaty to State aid to small and medium-sized enterprises active in the production of agricultural products and amending Regulation (EC) No 70/2001. Under point 126 of the guidelines, the Commission will declare aid granted for losses due to adverse weather conditions compatible with Article 87(3)(c) of the Treaty, if all conditions of Article 11 of Regulation (EC) No 1857/2006 are met.] ]

(202)

[F4 [X1Normal gross annual production should be calculated either in proportion to the mean production of a farmer determined over the three preceding years or in proportion to the three-yearly average based on the five preceding years and excluding the top and bottom value. Other methods of calculating normal production (including regional reference figures) may however be accepted, provided that they are representative and not based on abnormally high production figures.] ]

(203)

[F4 [X1This rate applies to the amount of aid as calculated according to the method indicated under 2.6 or 2.8, minus any insurance payments and normal costs not faced by the farmer, plus extra costs faced by the farmer as a result of the exceptional event.] ]

(204)

[F4 [X1This rate applies to less-favoured areas or the areas referred to in Article 36(a)(i), (ii) and (iii) of Regulation (EC) No 1698/2005.] ]

(205)

(206)

[F4 [X1 OJ C 319, 27.12.2006, p. 1 .] ]

(207)

[F4 [X1Under Article 10(8) of the Exemption Regulation (Commission Regulation (EC) No 1857/2006 of 15 December 2006 on the application of Articles 87 and 88 of the EC Treaty to State aid to small and medium-sized enterprises active in the production of agricultural products and amending Regulation (EC) No 70/2001, aid must be introduced within three years after the expenses or losses have been incurred. The aid must be disbursed within four years after the expenses or losses have been incurred.] ]

(208)

[F4 [X1The programme must contain clear definitions of the diseases and parasitic infections, together with a description of the measures envisaged.] ]

(209)

[F4 [X1 OJ C 319, 27.12.2006, p. 1 .] ]

(210)

(211)

[F4 [X1 OJ C 319, 27.12.2006, p. 1 .] ]

(212)

[F4 [X1Council Directive 96/61/EC of 24 September 1996 concerning integrated pollution prevention and control ( OJ L 257, 10.10.1996, p. 26 ).] ]

(213)

[F4 [X1Community guidelines on State aid for rescuing and restructuring firms in difficulty ( OJ C 244, 1.10.2004, p. 2 ).] ]

(214)

[F5 [X2 OJ C 319, 27.12.2006, p. 1 .] ]

(215)

[F5 [X2Council 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 ).] ]

(216)

[F5 [X2 OJ L 109, 6.5.2000, p. 29 .] ]

(217)

[F5 [X2Council Regulation (EC) No 2702/1999 of 14 December 1999 on measures to provide information on, and to promote, agricultural products in third countries ( OJ L 327, 21.12.1999, p. 7 )] ]

(218)

[F5 [X2Council Directive 2003/96/EC of 27 October 2003 restructuring the Community framework for the taxation of energy products and electricity ( OJ L 283, 31.10.2003, p. 51 ).] ]

(219)

[F5 [X2 OJ C 319, 27.12.2006, p. 1 .] ]

(220)

[F5 [X2Council 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 .)] ]

(221)

t is the year in which the data are requested.

(222)

NACE Rev.1.1 is the Statistical classification of economic activities in the European Community.

(223)

NUTS is the nomenclature of territorial units for statistical purposes in the Community.

(224)

t is the year in which the data are requested

(225)

NACE Rev.1.1 is the Statistical classification of economic activities in the European Community.

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Commission Regulation (EC) No 794/2004Show full title

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Commission Regulation (EC) No 794/2004

of 21 april 2004

implementing Council Regulation (EC) No 659/1999 laying down detailed rules for the application of Article 93 of the EC Treaty

CHAPTER IU.K.SUBJECT MATTER AND SCOPE

Article 1U.K.Subject matter and scope

CHAPTER IIU.K.NOTIFICATIONS

Article 2U.K.Notification forms

[F1Article 3 U.K. Transmission of notifications

Article 4U.K.Simplified notification procedure for certain alterations to existing aid

CHAPTER IIIU.K.ANNUAL REPORTS

Article 5U.K.Form and content of annual reports

Article 6U.K.Transmission and publication of annual reports

Article 7U.K.Status of annual reports

CHAPTER IVU.K.TIME-LIMITS

Article 8U.K.Calculation of time-limits

CHAPTER VU.K.INTEREST RATE FOR THE RECOVERY OF UNLAWFUL AID

[F1Article 9 U.K. Method for fixing the interest rate

Article 10U.K.Publication

Article 11U.K.Method for applying interest

CHAPTER VIU.K.FINAL PROVISIONS

Article 12U.K.Review

Article 13U.K.Entry into force

ANNEX IU.K.

[F3PART III.10 U.K. SUPPLEMENTARY INFORMATION SHEET ON STATE AID FOR ENVIRONMENTAL PROTECTION

1. Basic characteristics of the notified measure U.K.

(A) Please specify the type of aid and fill in the appropriate subsections of Section 3 (Compatibility of aid under Article 87(3)(c) of the EC Treaty) of this supplementary information sheet: U.K.

(B) Please explain the main characteristics (objective, likely effects of the aid, aid instrument, aid intensity, beneficiaries, budget etc.) of the notified measure. U.K.

(C) Can the aid be combined with other aid? U.K.

 yes

 no

(D) Is the aid granted in order to promote the execution of an important project of common European interest? U.K.

 yes

 no

(E) In case the notified individual aid is based on an approved scheme, please provide details concerning that scheme (case number, title of the scheme, date of Commission approval): U.K.

(F) Please confirm that if the aid/bonus for small enterprises is granted, the beneficiaries comply with the definition for small enterprises as defined by the Community legislation: U.K.

(G) Please confirm that if the aid/bonus for medium enterprises is granted, the beneficiaries comply with the definition for medium enterprises as defined by the Community legislation: U.K.

(H) If applicable, please indicate the exchange rate which has been used for the purposes of the notification: U.K.

(I) 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. U.K.

2. Objective of the aid U.K.

(B) If the notified measure has already been applied in the past please indicate its results in terms of environmental protection (please indicate the relevant case number and date of Commission approval and, if possible, attach national evaluation reports on the measure): U.K.

(C) If the measure is new, please indicate the expected results and the period over which they will be achieved: U.K.

3. Compatibility of aid under Article 87(3)(c) of the EC Treaty U.K.

3.1. Aid for undertakings which go beyond Community standards or which increase the level of environmental protection in the absence of Community standards (6) U.K.

3.1.1. Nature of the supported investments, applicable standards U.K.

(A) Please specify if the aid is granted for: U.K.

(B) Please provide details, including, where applicable, information on the relevant Community standards: U.K.

(C) If the aid is granted for reaching the national standard exceeding the Community standards, please indicate the applicable national standards and attach a copy: U.K.

3.1.2. Aid intensities and bonuses U.K.

(A) What is the maximum aid intensity applicable to the notified measure (8) ? … U.K.

(B) Is the aid granted in a genuinely competitive bidding process (9) ? U.K.

 yes

 no

(C) Bonuses: U.K.

 yes

 no

 yes

 no

 yes

 no

(D) In case of an aid scheme, specify the total aid intensity of the projects supported under the notified scheme (taking into account the bonuses) (%): … U.K.

3.1.3. Eligible costs (13) U.K.

(A) Please confirm that the eligible costs are limited to the extra investment costs necessary to achieve a higher level of environmental protection than required by the Community standards: U.K.

(B) Please further confirm that: U.K.

(C) What form do the eligible costs take? U.K.