ANNEX I
F3PART III.2
SUPPLEMENTARY INFORMATION SHEET ON STATE AID FOR TRAINING
This supplementary information sheet must be used for the notification of individual aid pursuant to Article 6(1)(g) of Commission Regulation (EC) No 800/20084 and covered by the Criteria for the compatibility analysis of training State aid cases subject to individual notification (thereinafter ‘Criteria for the compatibility analysis’)5. It must also be used in the case of any individual aid or scheme, which is notified to the Commission for reasons of legal certainty.
If there are several beneficiaries participating in the notified project, please provide the information below for each of them.
COMPATIBILITY OF AID UNDER ARTICLE 87(3)(c) OF THE EC TREATY — DETAILED ASSESSMENT
Aid for training may be considered to be compatible with the common market pursuant to Article 87(3)(c) of the EC Treaty.
The purpose of this detailed assessment is to ensure that high amounts of aid for training do not distort competition to an extent contrary to the common interest, but rather contribute to the common interest. This happens when the benefits of State aid in terms of positive knowledge spill-over outweigh the harm for competition and trade.
The provisions below provide guidance as to the type of information the Commission may require in order to carry out a detailed assessment. The guidance is intended to make the Commission’s decisions and their reasoning transparent and foreseeable in order to create predictability and legal certainty. Member States are invited to provide all the elements that they consider useful for the assessment of the case.
If there are several beneficiaries involved in the project notified as individual aid, please provide the information below for each of them.
Characteristics of the notified measure
1.
Please provide a brief description of the measure specifying objective(s) of the measure, aid instrument, structure/organisation of the training, beneficiaries, budget, aid amount, payment schedule, aid intensity, and eligible costs.
2.Does the measure apply to the production and/or processing and/or marketing of the agricultural products listed in Annex I to the EC Treaty?
| yes | | no |
3.Does the measure apply to the production, processing and/or marketing of the fisheries and/or aquaculture products listed in Annex I to the EC Treaty?
| yes | | no |
4.Is the aid foreseen for the maritime transport sector?
| yes | | no |
If yes, please answer the following questions:
- (a)
Is the trainee not an active member of the crew but a supernumerary on board?
yes
no
- (b)
Shall the training be carried out on board of ships entered into Community registers?
yes
no
5.Does the notified measure relate to:
6.
Please provide a detailed description of the training project including programme, skills to be acquired, timing, number of hours, participants, organisers, budget, etc.
7.
Please provide details on the beneficiary including identity, group of which the beneficiary is a member, annual turnover, number of employees and business activities.
8.
If applicable, please indicate the exchange rate which has been used for the purposes of the notification.
9.
Please number all documents provided by the Member States as annexes to the notification form and indicate the document numbers in the relevant parts of this supplementary information sheet.
Objective of the aid
10.
Please give a detailed description of the objectives of common interest pursued by the notified measure.
Existence of positive externalities9
11.Please demonstrate that the training will generate positive externalities and provide the supporting documents.
The following elements may be used for the purposes of demonstrating positive externalities. Please specify those relevant for the notified measure, and provide supporting documents:
-
Nature of the training
-
Transferability of the skills acquired during the training
-
Participants to the training
Appropriate instrument10
12.
Please explain to what extent the notified measure represents an appropriate instrument to increase training activities and provide the supporting documents.
Incentive effect and necessity of the aid11
In order to demonstrate the incentive effect, the Commission requires an evaluation by the Member State in order to prove that without the aid, i.e. in the counterfactual situation, the quantity or quality of the training activities would be smaller.
13.Has/have the supported project(s) started prior to the submission of the application for the aid by the beneficiary/beneficiaries to the national authorities?
| yes | | no |
If yes, the Commission considers that the aid does not present an incentive for the beneficiary.
14.If no, specify the relevant dates:
The training project will start on:
The aid application by the beneficiary was submitted to the national authorities on:
Please provide the relevant supporting documents.
15.
Please provide the beneficiary’s internal documents on training costs, participants, content and scheduling for two scenarios: training project with aid and training project without aid. Please explain, on the basis of this information, how State aid increases the quantity and/or quality of the planned training activities.
16.
Please confirm that there is no legal obligation for the employers to provide the training type covered by the notified measure.
17.
Please provide with the beneficiary’s training budgets for previous years.
18.
Please explain the relationship between the training programme and business activities of the aid beneficiary.
Proportionality of the aid12
Eligible costs
Eligible costs must be calculated following Article 39 of Regulation (EC) No 800/2008 and limited to the extra costs necessary to achieve an increase of training activities.
19.Please specify the eligible costs foreseen for the measure
-
trainers’ personnel costs
-
trainers’ and trainees’ travel expenses, including accommodation costs
-
other current expenses such as materials and supplies directly related to the project
-
depreciation of tools and equipment, to the extent that they are used exclusively for the training project
-
cost of guidance and counselling services with regard to the training project
-
indirect costs (administrative, rent, overheads), transport and tuition costs for participants) up to the amount of the total of the other eligible costs referred to above
-
trainees’ personnel costs13.
20.
Please provide a detailed calculation of the eligible costs of the notified measure ensuring that the eligible costs are limited to the part of extra costs necessary to achieve an increase of quality or quantity of training activities.
21.
Please provide evidence that the aid is limited to the minimum, i.e. to the part of the extra costs of the training that the company cannot recover by benefiting directly from the skills acquired by its employees during the training.
Aid intensities for general training
22.
Please specify the aid intensity applicable to the notified measure.
23.Is the general training under the notified measure given to disabled or disadvantaged workers?
| yes | | no |
24.Nature of the beneficiary:
Large enterprise | | yes | | no |
Medium-sized enterprise | | yes | | no |
Small enterprise | | yes | | no |
Aid intensities for specific training
25.
Please specify the aid intensity applicable to the notified measure.
26.Is the specific training under the notified measure given to disabled or disadvantaged workers?
| yes | | no |
27.Nature of the beneficiary
Large enterprise | | yes | | no |
Medium-sized enterprise | | yes | | no |
Small enterprise | | yes | | no |
Analysis of the distortion of competition and trade14
28.
Please specify whether the beneficiary received training aid in the past and provide details on the previous aid (dates, amount of aid, and duration of training projects).
29.
Please specify the annual training costs of the beneficiary (total training budget for the last three years, proportion of training costs in relation to total costs) and explain how the aid affects the beneficiary’s costs (e.g. percentage of annual training costs and total costs covered by the aid, etc.).
30.
Please specify the relevant product and geographic markets on which the beneficiary is active and on which the aid is likely to have an impact.
31.For each of these markets please provide:
market concentration ratio,
market share of the beneficiary,
market shares of the other companies present in these markets.
32.
Please describe the structure and competitive situation on the relevant markets and provide supporting documents (e.g. barriers to entry and exit, product differentiation, character of the competition between market participants, etc.).
33.
Please describe the features of the sector where the beneficiary is active (e.g. importance of the trained workforce for the business, existence of overcapacity, financing strategies of training for competitors, etc.).
34.
If relevant, please provide information on the effects on trade (shift of trade flows).
CUMULATION
35.Is the aid granted under the notified measure combined with other aid?
| yes | | no |
If yes, please describe the rules on cumulating aid applicable to the notified aid measure:
OTHER INFORMATION
36.
Please indicate here any other information you consider relevant to the assessment of the measure(s) in concerned.
F3PART III.3
SUPPLEMENTARY INFORMATION SHEET ON STATE AID TO DISADVANTAGED AND DISABLED WORKERS
This supplementary information sheet must be used for the notification of individual aid pursuant to Article 6(1)(h) to (i) of Regulation (EC) No 800/2008 and covered by the Criteria for the compatibility analysis of State aid to disadvantaged and disabled workers subject to individual notification (thereinafter ‘Criteria for the compatibility analysis’)15. It must also be used in the case of any individual aid or scheme, which is notified to the Commission for reasons of legal certainty.
If there are several beneficiaries participating in the notified project, please provide the information below for each of them.
COMPATIBILITY OF AID UNDER ARTICLE 87(3)(c) OF THE EC TREATY — DETAILED ASSESSMENT
Aid to disadvantaged and disabled workers may be considered to be compatible with the common market pursuant to Article 87(3)(c) of the EC Treaty.
The purpose of this detailed assessment is to ensure that high amounts of aid to disadvantaged and disabled workers 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 the increased net employment of targeted disabled and disadvantaged workers outweigh the harm for competition and trade.
The provisions below provide guidance as to the type of information the Commission may require in order to carry out a detailed assessment. The guidance is intended to make the Commission’s decisions and their reasoning transparent and foreseeable in order to create predictability and legal certainty. Member States are invited to provide all the elements that they consider useful for the assessment of the case.
If there are several beneficiaries involved in the project notified as individual aid, please provide the information below for each of them.
Characteristics of the notified measure
1.
Please provide a brief description of the notified measure specifying objective of the aid, aid instrument, beneficiaries, categories of workers concerned, aid amount, payment schedule, duration, aid intensity, and eligible costs.
2.Does the measure apply to the production and/or processing and/or marketing of the agricultural products listed in Annex I to the EC Treaty?
| yes | | no |
3.Does the measure apply to the production, processing and/or marketing of the fisheries and/or aquaculture products listed in Annex I to the EC Treaty?
| yes | | no |
4.
Please provide details on the beneficiary including identity, group of which the beneficiary is a member, turnover, number of employees and business activities.
5.Does the notified measure relate to:
6.
If applicable, please indicate the exchange rate which has been used for the purposes of the notification.
7.
Please number all documents provided by the Member States as annexes to the notification form and indicate the document numbers in the relevant parts of this supplementary information sheet.
Objective of the aid
8.Please give a detailed description of the objectives of common interest pursued by the notified measure.
Equity objective of common interest19
9.
Please demonstrate that the notified measure will lead to a net increase of employment of the targeted disabled and disadvantaged workers and quantify the increase.
10.The following elements may be used for the purposes to demonstrate that the notified measure contributes to an equity objective of common interest. Please specify those relevant for the notified measure, and provide supporting documents:
-
Number and categories of workers concerned by the measure
-
Employment rates of the categories of workers concerned by the measure on the national and/or regional level and in the undertaking(s) concerned
-
Unemployment rates for the categories of workers concerned by the measure on the national and/or regional level.
Appropriate instrument20
11.
Please explain to what extent the notified measure represents an appropriate instrument to increase the employment of disadvantaged and/or disabled workers and provide the supporting documents.
Incentive effect and necessity of the aid21
In order to demonstrate the incentive effect, the Commission requires an evaluation by the Member State proving that the wage subsidy is only paid for a disadvantaged or disabled worker in a firm, where the recruitment would have not occurred without the aid.
12.Has/have the supported project(s) started prior to the submission of the application for the aid by the beneficiary/beneficiaries to the national authorities?
| yes | | no |
If yes, the Commission considers that the aid does not present an incentive for the beneficiary to increase a net employment of disabled or disadvantaged workers.
13.If no, specify the relevant dates:
The employment commenced on:
The aid application by the beneficiary was submitted to the national authorities on:
Please provide the relevant supporting documents.
14.Does the recruitment lead to an increase, by comparison to a situation without aid, of number of disadvantaged or disabled workers in the undertaking(s) concerned?
| yes | | no |
15.If not, have the post or posts fallen vacant following voluntary departure, disability, retirement on grounds of age, voluntary reduction of working time or lawful dismissal for misconduct and not as a result of redundancy?
| yes | | no |
16.
Please describe any existing or past wage subsidies in the undertaking concerned: categories and number of workers subject to subsidies.
Proportionality of the aid22
Eligible costs
Eligible costs must be calculated following Articles 40 and 41 of Regulation (EC) No 800/2008 and limited to the extra costs necessary to achieve a net increase of disadvantaged or disabled workers employed.
17.Which are the eligible costs foreseen under the notified measure?
-
gross wage, before tax
-
compulsory contributions, such as social security charges
-
child care and parent care costs.
18.
Please provide a detailed calculation of the eligible costs and the period covered23 by the notified measure ensuring that the eligible costs are limited to the costs necessary to achieve a net increase of employment of the targeted categories of disadvantaged or disabled workers.
19.
Please provide evidence that the aid is limited to the minimum, i.e. the aid amount does not exceed the net additional costs of employing the targeted categories of disadvantaged or disabled workers compared to the costs of employing workers who are not disadvantaged/disabled.
Aid intensities for disadvantaged workers
20.
Please specify the aid intensity applicable to the notified measure.
Aid intensities for disabled workers
21.
Please specify the aid intensity applicable to the notified measure.
Analysis of the distortion of competition and trade24
22.
Please provide information on the aid amount, payment schedule and aid instrument.
23.
Please specify whether the beneficiary received aid for disadvantaged or disabled workers in the past and provide details on the previous aid measures (dates, amount of aid, categories and number of workers concerned, and duration of wage subsidies).
24.
Please specify the employment costs of the beneficiary (total employment costs, employment costs of targeted disabled and disadvantaged workers, proportion of employment costs in relation to total costs) and explain how the aid effects the beneficiary’s costs (e.g. percentage of employment costs and total costs covered by the aid).
25.
Please specify the relevant product and geographic markets on which the beneficiary is active and the aid is likely to have an impact.
26.For each of these markets please provide:
market concentration ratio,
market share of the beneficiary,
market shares of the other companies present in these markets.
27.
Please describe the structure and competitive situation on the relevant markets and provide supporting documents (e.g. barriers to entry and exit, product differentiation, character of the competition between market participants, etc.).
28.
Please describe the features of the sector where the beneficiary is present (e.g. importance of the labour costs for the sector, existence of overcapacity, etc.).
29.
Please describe the situation on the national/regional labour market (e.g. unemployment and employment rates, wage levels, labour law, etc.).
30.
If relevant, please provide information on the effects on trade (shift of trade flows).
CUMULATION
31.Is the aid granted under the notified measure combined with other aid?
| yes | | no |
32.
If yes, please describe the rules on cumulating aid applicable to the notified aid measure:
OTHER INFORMATION
33.
Please indicate here any other information you consider relevant to the assessment of the measure(s) in concerned.
F4PART III.10SUPPLEMENTARY 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)26. 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.
1.Basic characteristics of the notified measure
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:
-
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)27, 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.
(C)Can the aid be combined with other aid?
|
|
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?
|
|
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):
…
…
(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:
-
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:
-
yes
(H)If applicable, please indicate the exchange rate which has been used for the purposes of the notification:
…
…
(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.
2.Objective of the aid
(A)In the light of the objectives of common interest addressed by the Environmental aid guidelines (Section 1.2) please indicate the environmental objectives pursued by the notified measure. Please give a detailed description of each distinct type of aid to be granted under the notified measure:
…
…
(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):
…
…
(C)If the measure is new, please indicate the expected results and the period over which they will be achieved:
…
…
3.Compatibility of aid under Article 87(3)(c) of the EC Treaty
If there are several beneficiaries involved in the project notified as individual aid, please provide the information below for each of them.
3.1.Aid for undertakings which go beyond Community standards or which increase the level of environmental protection in the absence of Community standards28
3.1.1.Nature of the supported investments, applicable standards
(A)Please specify if the aid is granted for:
-
investments enabling the beneficiary to increase the level of environmental protection resulting from its activities by improving on the applicable Community standards29, irrespective of the presence of mandatory national standards that are more stringent than the Community standard;
or
-
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:
…
…
(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:
…
…
3.1.2.Aid intensities and bonuses
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 measure30? …
(B)Is the aid granted in a genuinely competitive bidding process31?
|
|
If yes, please provide details of the competitive process and attach a copy of the tender notice or its draft:
…
…
(C)Bonuses:
Do the supported projects benefit from a bonus?
|
|
If yes, please specify below.
Is an SME bonus applied under the notified measure?
yes
no
If yes, please specify the level of bonus applicable32: …
Is the bonus for eco-innovation33 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 applicable34: …
(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) (%): …
3.1.3.Eligible costs35
(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:
-
yes
(B)Please further confirm that:
-
the precise environmental protection related cost constitutes the eligible costs, if the cost of investing in environmental protection can be easily identified;
or
-
the extra investment costs are established by comparing the investment with the counterfactual situation in the absence of aid, i.e. the reference investment36;
and
-
the eligible costs are calculated net of any operating benefits and operating costs related to the extra investment for environmental protection and arising during the first five years of the life of the investment concerned.
(C)What form do the eligible costs take?
-
investments in tangible assets;
-
investments in intangible assets.
(D)In case of investments in tangible assets please indicate the form(s) of investments concerned:
-
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 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:
-
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 years37.
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:
-
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 standards38;
-
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:
…
…
…
For individual aid measures, please provide a detailed calculation of the eligible costs of the notified investment project, by reference to the counterfactual situation, and provide relevant evidence:
…
…
…
…
…
3.1.4.Specific rules on 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 standards39
In the case of 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, in addition to sections 3.1.-3.1.3:
(A)Please confirm that new transport vehicles for road, railway, inland waterway and maritime transport complying with adopted Community standards have been acquired before their entry into force and that the Community standards, once mandatory, do not apply retroactively to already purchased vehicles.
-
yes
Please provide details:
…
…
(B)For retrofitting operations with an environmental protection objective in the transport sector, please confirm that:
-
the existing means of transport are upgraded to environmental standards that were not yet in force at the date of the entry into operation of those means of transport;
or
-
the means of transport are not subject to any environmental standards.
3.2.Aid for early adaptation to future Community standards40
3.2.1.Basic conditions
(A)Please confirm that the investment is implemented and finalised at least one year before the entry into force of the standard.
|
|
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):
…
…
3.2.2.Aid intensities
3.2.3.Eligible costs
(A)Please confirm that the eligible costs are limited to the extra investment costs necessary to achieve the level of environmental protection required by the Community standard compared to the existing level of environmental protection required prior to the entry into force of this standard:
-
yes
(B)Please further confirm that:
-
the precise environmental protection related cost constitutes the eligible costs, if the cost of investing in environmental protection can be easily identified;
or
-
the extra investment costs are established by comparing the investment with the counterfactual situation in the absence of aid, i.e. the reference investment44;
and
-
eligible costs are calculated net of any operating benefits and operating costs related to the extra investment for environmental protection and arising during the first five years of the life of the investment concerned.
(C)What form do the eligible costs take?
-
investments in tangible assets
-
investments in intangible assets
(D)In case of investments in tangible assets please indicate the form(s) of investments concerned:
-
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 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:
-
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 years45.
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:
…
…
…
…
…
For individual aid measures, please provide a detailed calculation of the eligible costs of the notified investment project, by reference to the counterfactual situation, and provide relevant evidence:
…
…
…
…
…
3.3.Aid for environmental studies46
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
(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.
|
|
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;
or
-
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:
…
…
(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:
…
…
(D)Please describe the types of studies that will be supported:
…
…
…
…
…
3.3.2.Studies directly linked to investments for the purposes of achieving energy saving
Please confirm that the aid is granted for studies directly linked to investments for the purposes of achieving energy saving.
|
|
If yes, please provide evidence on how the purpose of the relevant investment complies with the definition of energy savings as laid down in point 70(2) of the Environmental aid guidelines:
…
…
3.3.3.Studies directly linked to investments of producing renewable energy
(A)Please confirm if the aid is granted for studies directly linked to investments for the purposes of producing renewable energy.
|
|
If yes, please provide evidence on how the purpose of the relevant investment complies with the definition of production from renewable energy sources, as laid down in point 70(5) and (9) of the Environmental aid guidelines:
…
…
(B)Please specify the type(s) of renewable energy sources which are intended to be supported under the investment linked to the environmental study and provide details:
…
…
3.3.4.Aid intensities and bonuses
(A)What is the maximum aid intensity applicable to the notified measure47?
…
(B)Is an SME bonus applied under the notified measure?
|
|
If yes please specify the level of bonus applicable48: …
3.4.Aid for energy saving49
3.4.1.Basic conditions
(A)Please confirm that the notified measure complies with the definition of energy savings in point 70(2) of the Environmental aid guidelines.
-
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:
…
…
3.4.2.Investment aid
3.4.2.1.Aid intensities and bonuses
(A)
What is the basic aid intensity applicable to the notified measure50: …
(B)Bonuses:
Is an SME bonus applied under the notified measure?
yes
no
If yes, please specify the level of bonus applicable51: …
(C)Is the aid granted in a genuinely competitive bidding process52?
|
|
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) (%):
…
…
3.4.2.2.Eligible costs53
(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:
-
yes
(B)Please further clarify whether:
-
the precise energy saving related cost constitutes the eligible costs, in case the costs of investing in energy saving can be easily identified;
or
-
the part of the investment directly related to energy saving is established by comparing the investment with the counterfactual situation in the absence of aid, i.e. the reference investment54;
and
-
eligible costs are calculated net of any operating benefits and operating costs related to the extra investment for energy saving and arising during the first three years of the life of this investment in the case of SMEs, the first four years in the case of large undertakings that are not part of the EU CO2 Emission Trading System and the first five years in the case of large undertakings that are part of the EU CO2 Emission Trading System55.
(C)In the case of investment aid for achieving a level of energy saving higher than Community standards, please confirm which one of the following statements is applicable:
-
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 standards56;
-
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;
(D)What form do the eligible costs take?
-
investments in tangible assets;
-
investments in intangible assets.
(E)In the case of investments in tangible assets please indicate the form(s) of investments concerned:
-
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.
(F)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:
-
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 years57.
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 situation58, which will be applied to all individual aid grants based on the notified scheme, and provide the relevant evidence:
…
…
…
…
…
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
(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 saving59:
…
…
(B)
What is the duration of the operating aid measure60? …
(C)Is the aid degressive?
3.5.Aid for renewable energy sources63
3.5.1.Basic conditions
(A)Please confirm that the aid is granted exclusively for the promotion of renewable energy sources as defined by the Environmental aid guidelines64.
|
|
(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.
|
|
(C)Please specify the type(s) of renewable energy sources65 supported under the notified measure and provide details:
…
…
3.5.2.Investment aid
3.5.2.1.Aid intensities and bonuses
(A)
What is the basic aid intensity applicable to each renewable energy source supported by the notified measure66: …
(B)Is an SME bonus applied under the notified measure?
|
|
If yes, please specify the level of bonus applicable67: …
(C)Is the aid granted in a genuinely competitive bidding process68?
|
|
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) (%):
…
…
3.5.2.2.Eligible costs69
(A)Please confirm that the eligible costs are limited to the extra investment costs borne by the beneficiary compared with a conventional power plant or with a conventional heating system with the same capacity in terms of the effective production of energy;
-
yes
(B)Please further confirm that:
-
the precise renewable energy related cost constitutes the eligible costs, in case the cost of investing renewable energy can be easily identified;
or
-
the extra investment costs are established by comparing the investment with the counterfactual situation in the absence of aid, i.e. the reference investment70;
and
-
eligible costs are calculated net of any operating benefits and costs related to the extra investment for renewable sources of energy and arising during the first five years of the life of the investment concerned.
(C)What form do the eligible costs take?
-
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:
-
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:
-
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 years71.
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:
…
…
…
…
…
For individual aid measures, please provide a detailed calculation of the eligible costs of the notified investment project, by reference to the counterfactual situation, and provide relevant evidence:
…
…
…
…
…
3.5.3.Operating aid
Following the choice of the operating aid assessment option72, please fill in the relevant part of the section below.
3.5.3.1.Option 1
(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:
detailed analysis of the cost of producing energy from each of the relevant renewable sources73:
…
…
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 rules74 and provide a detailed analysis of the depreciation of each type75 of the investments for environmental protection:
…
…
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:
…
…
(D)Does the aid also cover a normal return on capital?
|
|
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:
…
…
(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:
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?
…
…
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?
|
|
3.5.3.2.Option 2
(A)Please provide a detailed description of the green certificate or tender system (including, inter alia, the information on the level of discretionary powers, the role of the administrator, the price determination mechanism, the financing mechanism, the penalty mechanism and re-distribution mechanism):
…
…
(B)What is the duration of the notified measure76?
…
…
(C)Please provide data/calculations showing that the aid is essential to ensure the viability of the renewable energy sources:
…
…
(D)Please provide data/calculations showing that the aid does not in the aggregate result in overcompensation for renewable energy:
…
…
(E)Please provide information/calculations showing that the aid does not dissuade renewable energy producers from becoming more competitive:
…
…
3.5.3.3.Option 377
(A)
What is the duration of the operating aid measure78? …
(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:
detailed analysis of the cost of producing energy from each of the relevant renewable sources79:
…
…
detailed analysis of the market price of the form of energy concerned:
…
…
(C)Is the aid degressive?
3.6.Aid for cogeneration82
3.6.1.Basic conditions
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:
|
|
3.6.2.Investment aid
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.
Please provide details and evidence demonstrating the compliance with the above mentioned conditions:
…
…
3.6.2.1.Aid intensities and bonuses
(A)
What is the basic aid intensity applicable to the notified measure83? …
(B)Bonuses:
Is an SME bonus applied under the notified measure?
yes
no
If yes, please specify the level of bonus applicable84: …
(C)Is the aid granted in a genuinely competitive bidding process85?
|
|
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) (%):
…
…
3.6.2.2.Eligible costs86
(A)Please confirm that the eligible costs are limited to the extra investment costs necessary to realise a high efficiency cogeneration plant:
-
yes
(B)Please further confirm that:
-
the precise cogeneration related cost constitutes the eligible costs, if the cost of investing in cogeneration can be easily defined;
or
-
the extra investment costs directly related to cogeneration are established by comparing the investment with the counterfactual situation in the absence of aid, i.e. the reference investment87;
and
-
eligible costs are calculated net of any operating benefits and operating costs related to the extra investment and arising during the first five years of the life of the investment concerned.
(C)What form do the eligible costs take?
-
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:
-
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:
-
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 years88.
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:
…
…
…
…
…
For individual aid measures, please provide a detailed calculation of the eligible costs of the notified investment project, by reference to the counterfactual situation, and provide relevant evidence:
…
…
…
…
…
3.6.3.Operating aid
(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:
-
yes
(B)Please confirm further that the operating aid for high efficiency cogeneration is granted exclusively to:
-
undertakings distributing electric power and heat to the public, where the costs of producing such electric power or heat exceed its market price89;
-
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 energy90.
Please provide details and evidence that the relevant condition(s) is/are complied with:
…
…
3.6.3.1.Option 1
(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:
detailed analysis of the cost of producing energy in cogeneration units91:
…
…
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 rules92 and provide a detailed analysis of the depreciation of each type of the investments for environmental protection:
…
…
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:
…
…
(D)Does the aid also cover a normal return on capital?
|
|
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:
…
…
(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:
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?
…
…
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?
|
|
3.6.3.2.Option 2
(A)Please provide a detailed description of the certificate or tender system (including , inter alia, the information on the level of discretionary powers, the role of the administrator, the price determination mechanism):
…
…
(B)What is the duration of the notified measure93?
…
…
(C)Please provide data/calculations showing that the aid is essential to ensure the viability of the production of energy in cogeneration plants:
…
…
(D)Please provide data/calculations showing that the aid does not in the aggregate result in overcompensation for energy produced in cogeneration plants:
…
…
(E)Please provide information/calculations showing that the aid does not dissuade producers of energy in cogeneration from becoming more competitive:
…
…
3.6.3.3.Option 3
(A)
What is the duration of the operating aid measure94? …
(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:
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?
3.7.Aid for energy efficient district heating97
3.7.1.Basic conditions
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
or
-
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
(A)
What is the basic aid intensity applicable to the notified measure98?…
(B)Is an SME bonus applied under the notified measure?
|
|
If yes, please specify the level of bonus applicable99: …
(C)Is the aid granted in a genuinely competitive bidding process100?
|
|
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) (%):
…
3.7.3.Eligible costs101
(A)Please confirm that the eligible costs are limited to the extra investment costs necessary to realise an investment leading to energy-efficient district heating as compared to the reference investment:
-
yes
(B)Please further confirm that:
-
the precise energy efficient district heating related cost constitutes the eligible costs, if the costs of investing in environmental protection can be easily identified;
or
-
the extra investment costs are established by comparing the investment with the counterfactual situation in the absence of aid, i.e. the reference investment102;
and
-
eligible costs are calculated net of any operating benefits and operating costs related to the extra investment and arising during the first five years of the life of the investment concerned.
(C)What form do the eligible costs take?
-
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:
-
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:
-
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 years103.
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:
…
…
…
…
…
For individual aid measures, please provide a detailed calculation of the eligible costs of the notified investment project, by reference to the counterfactual situation, and provide relevant evidence:
…
…
…
…
…
3.8.Aid for waste management104
3.8.1.General conditions
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 management105.
-
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’106 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
(A)
What is the basic aid intensity applicable to the notified measure107?…
(B)Is the SME bonus applied under the notified measure?
|
|
If yes, please specify the level of bonus applicable108: …
(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) (%):
…
…
3.8.3.Eligible costs109
(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:
-
yes
(B)Please further confirm that:
-
the precise waste management related costs constitute the eligible costs, if the cost of investing in waste management can be easily defined;
or
-
the extra investment costs are established by comparing the investment with the counterfactual situation in the absence of aid, i.e. the reference investment110;
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?
-
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:
-
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:
-
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 years111.
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:
…
…
…
…
…
For individual aid measures, please provide a detailed calculation of the eligible costs of the notified investment project, by reference to the counterfactual situation, and provide relevant evidence:
…
…
…
…
…
3.9.Aid for the remediation of contaminated sites112
3.9.1.General conditions
Please confirm that the following conditions are fulfilled:
-
the investment aid to undertakings repairing environmental damage by remediating contaminated sites113, 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 polluter114 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
(A)
What is the basic aid intensity applicable to the notified measure115?…
(B)Please confirm that the total amount of aid will under no circumstances exceed the actual cost of the remediation work:
-
yes
(C)Please specify the cost of the remediation work116:
…
…
(D)Please confirm that the increase in the value of the land is deducted form the eligible costs:
-
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:
…
…
…
…
…
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 undertakings117
3.10.1.General conditions
(A)Please confirm that:
-
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:
-
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 flora118, 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;
or
-
is an establishment or installation falling within the scope of Seveso II Directive119.
Please provide details and evidence:
…
…
3.10.2.Aid intensities and eligible costs
(A)
What is the basic aid intensity applicable to the notified measure120?…
(B)Is an SME bonus applied under the notified measure?
|
|
If yes, please specify the level of bonus applicable121:…
(C)Please provide details and the relevant evidence (if applicable) on the following elements linked to the relocation aid:
- (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:
…
…
…
…
…
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 schemes122
(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:
…
…
…
…
…
(B)Please explain how:
-
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 criteria123 are respected by the scheme:
-
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 reductions124;
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 aid125
4.1.General conditions
(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?
|
|
If yes, the Commission considers that the aid does not present an incentive for the beneficiary126.
(B)If no, specify the relevant dates:
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
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
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
(A)Please demonstrate how the counterfactual situation is credible:
…
…
(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?
|
|
Please provide details and evidence demonstrating the methodology used:
…
…
(C)Would the investment have been sufficiently profitable without the aid?
5.Compatibility of aid under Article 87(3)(b) of the EC Treaty
Aid for environmental protection to promote the execution of an important project128of 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)
(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 objectives129:
…
…
(B)Please confirm that:
-
the project is in the common European interest130: it contributes in a concrete, exemplary and identifiable manner to the Community interest in the field of environmental protection131;
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 whole132;
and
-
the project makes a substantive contribution to the Community objectives.
Please provide details and evidence:
…
…
(C)Please provide details and evidence illustrating that the aid is necessary AND presents an incentive for the execution of the project:
…
…
(D)Please provide details and evidence demonstrating that the project involves a high level of risk:
…
…
(E)Please provide details and evidence illustrating that the project is of great importance with regard to its volume133:
…
…
(F)Please indicate the beneficiary’s own contribution134 to the project:
…
…
(G)Please list the Member States from which the undertakings involved in the notified project come135.
…
…
5.2.Description of the project
Please provide a detailed description of the project, including, inter alia, structure/organisation, beneficiaries, budget, amount of aid, aid intensity136, 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
6.1.General conditions
(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:
…
…
(B)For reductions of or exemptions from harmonised taxes at Community level, please confirm that:
-
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 directive137.
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:
|
|
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
Please confirm that:
-
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
-
the environmental tax without reduction would lead to a substantial increase in production cost for each sector or category of individual beneficiaries138;
and
-
without the aid the substantial increase in production costs would lead to important sales reductions if it would be passed on to customers139.
Please provide evidence related to the above mentioned conditions:
…
…
6.3.Proportionality of the aid
Please specify which one of the following conditions is met:
(A)Does the scheme lay 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 individual beneficiary compared to the performance related to the best performing technique within the EEA?
|
|
Please provide details and evidence demonstrating the compliance with this condition:
…
…
(B)Are aid beneficiaries paying at least 20 % of the national tax?
|
|
If no, please demonstrate how a lower rate can be justified in view of a limited distortion of competition:
…
…
(C)Are the reductions or exemptions conditional on the conclusion of agreements between the Member State and the recipient undertakings or associations of undertakings?
|
|
If yes, please provide details and evidence illustrating that the undertakings or associations of undertakings commit themselves to achieve environmental protection objectives which have the same effect as (i) the taxation linked to environmental performance140, or (ii) 20 % of the national tax141 or (iii) if the Community minimum tax level is applied.:
…
…
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 assessment142
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 MW143
-
operating aid granted to new plants producing renewable energy on the basis of a calculation of the external costs avoided144.
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 avoided145.
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 assessment146
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
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 trade147.
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 failure148
(A)Please identify the expected contribution of the measure to environmental protection (in quantifiable terms) and provide the supporting documents:
…
…
(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:
…
…
(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:
-
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 instrument149
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 aid150
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)151 that would not have been taken by the undertaking without the aid (counterfactual situation) and provide supporting documents:.
…
…
(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.
-
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 documents152:
-
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:
…
…
8.5.Proportionality of the aid153
(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:
…
…
(B)Were the beneficiaries selected in an open selection process?
(C)Please explain how it is ensured that the aid is limited to the minimum necessary and provide supporting documents:
…
…
8.6Analysis of the distortion of competition and trade155
8.6.1.Relevant markets and effects on trade
(A)Please indicate whether the aid is likely to have impact on competition between undertakings in any product market.
(B)For each of these markets please provide some indicative market share of the beneficiary:
…
…
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:
…
…
(D)If relevant, please provide information on the effects on trade (shift of trade flows and location of economic activity):
…
…
(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 provided157:
-
reduction in or compensation of production unit costs.
-
more environmentally friendly production process.
-
new product.
8.6.2.Dynamic incentives/crowding out
The following elements will be considered by the Commission in its analysis of effects of the aid on competitors’ dynamic incentives to invest158. 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 afloat159
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 efficiency160. 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 behaviour161
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 location162
Please provide evidence that the aid was not decisive for the choice of location for the investment:
…
…
9.Cumulation163
(A)Is the aid granted under the notified measure combined with other aid164?
|
|
(B)If yes, please describe the cumulation rules applicable to the notified aid measure:
…
…
…
…
…
(C)Please specify how the respect of cumulation rules will be verified under the notified aid measure:
…
…
…
…
…
10.Reporting and monitoring165
10.1.Annual reports
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 659/1999166.
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
(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.
-
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.
-
yes
(C)Please undertake to submit the records referred to in Section A above on request of the Commission.
-
yes
11.Other information
Please give any other information you consider necessary to assess the measure(s) in question under the Environmental aid guidelines.
F5X1PART III.12INFORMATION 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 2013167. 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
1.1.Does the measure apply to any of the following products which are not yet subject to a common market organisation:
-
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
A.Aid schemes
2.1.Will aid under an aid scheme only be granted in respect of activities undertaken or services received after the aid scheme has been set up and declared compatible with the EC Treaty by the Commission?
| yes | | no |
If no, please refer to point 16 of the Guidelines.
2.2.If the aid scheme creates an automatic right to receive the aid, requiring no further administrative action at administrative level, may the aid itself only be granted for activities undertaken or services received after the aid scheme has been set up and declared compatible with the EC Treaty by the Commission?
| yes | | no |
If no, please refer to point 16 of the Guidelines.
2.3.If the aid scheme requires an application to be submitted to the competent authority concerned, may the aid itself only be granted for activities undertaken or services received after the following conditions have been fulfilled:
- a)
the aid scheme must have been set up and declared compatible with the EC Treaty by the Commission;
- b)
an application for the aid must have been properly submitted to the competent authority concerned;
- c)
the application must have been accepted by the competent authority concerned in a manner which obliges that authority to grant the aid, clearly indicating the amount of aid to be granted or how this amount will be calculated; such acceptance by the competent authority may only be made if the budget available for the aid or aid scheme is not exhausted?
| yes | | no |
If no, please refer to point 16 of the Guidelines.
B.Individual aids:
2.4.Will individual aid outside any scheme only be granted in respect to activities undertaken or services received after the criteria in point 2.3 (b) and (c) above have been satisfied?
| yes | | no |
If no, please refer to point 16 of the Guidelines.
C.Compensatory aids:
2.5.Is the aid scheme compensatory in nature?
| yes | | no |
If yes, points A and B above do not apply.
3.Type of aid
What type(s) of aid does the planned measure include:
RURAL DEVELOPMENT MEASURES
- A.
Aids for investments in agricultural holdings
- B.
Aids for investments in connection with the processing and marketing of agricultural products
- C.
Agri-environmental and animal welfare aid
- C bis.
Nature 2000 payments and payments linked to Directive 2000/60/EC168
- D.
Aid to compensate for handicaps in certain areas
- E.
Aid for meeting standards
- F.
Aid for the setting up of young farmers
- G.
Aid for early retirement or for the cessation of farming activities
- H.
Aid for producer groups
- I.
Aid for land re-parcelling
- J.
Aid to encourage the production and marketing of quality agricultural products
- K.
Provision of technical support in the agricultural sector
- L.
Aid for the livestock sector
- M.
Aid for the outermost regions and the Aegean Islands
RISK AND CRISIS MANAGEMENT
- N.
Aid to compensate for damage to agricultural production or the means of agricultural production
- O.
Aid for combating animal and plant diseases
- P.
Aid towards the payment of insurance premiums
- Q.
Aid for closing production, processing and marketing capacity
OTHER AIDS
- R.
Aid for advertising of agricultural products
- S.
Aid linked to tax exemptions under directive 2003/96/EC169,
- T.
Aids for the forestry sector
PART III.12.ASUPPLEMENTARY 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 2013170.
1.Objective of the aid
1.1.Which of the following objectives does the investment pursue?
-
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?
| yes | | no |
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?
| yes | | no |
If yes, please note that, under point 37 of the Guidelines, no aid may be granted for such investments.
2.Beneficiaries
Who are the beneficiaries of the aid?
-
farmers;
-
producer groups;
-
other (please specify):
…………
3.Aid intensity
3.1.Please state the maximum rate of public support, expressed as a percentage of eligible investment:
- (a)
………… in less-favoured areas or the areas referred to in Article 36(a)(i), (ii) or (iii) of Regulation (EC) No 1698/2005171 (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 2019/93172 (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/EEC173 (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?
| yes | | no |
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?
| yes | | no |
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?
| yes | | no |
4.Eligibility criteria
4.1.Is the aid limited to agricultural holdings not in difficulty?
| yes | | no |
4.2.Is the aid intended for the manufacture and marketing of products which imitate or substitute for milk and milk products?
| yes | | no |
5.Eligible expenditure
5.1.Do eligible expenses include:
-
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?
| yes | | no |
5.3.If yes, is eligibility limited to small and medium enterprises with a low technical level and limited capital?
| yes | | no |
5.4.Are any of the following excluded from the aid scheme: the purchase of production rights, animals and annual plants, or the planting of annual plants?
| yes | | no |
If no, please note that according to point 29 of the Guidelines no aid may be granted for such types of expenditure.
5.5.Is the share of purchases of land other than land for construction purposes in the eligible expenses for the planned investment limited to 10 %?
| yes | | no |
If no, please note that this 10 % ceiling is one of the eligibility criteria to be met under point 29 of the Guidelines.
6.Aid for the conservation of traditional landscapes and buildings
6.1.Does the aid concern investments or capital works intended for the conservation of non-productive heritage features located on agricultural holdings?
| yes | | no |
6.1.1.If yes, what is the envisaged rate of aid (max. 100 %):
…………
6.1.2.Do the eligible expenses include remuneration for the work of the farmer or his workers?
| yes | | no |
6.1.3.If yes, will this remuneration be limited to a maximum of EUR 10 000 per year?
| yes | | no |
6.1.4.If no, please give reasons for exceeding the above limit.
…
6.2.Does the aid concern investments or capital works intended to conserve the heritage features of productive assets on farms?
| yes | | no |
6.2.1.If yes, does the investment entail any increase in the production capacity of the farm?
| yes | | no |
6.2.2.What are the envisaged maximum aid rates for this type of investment?
-
Investments without increase in capacity:
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 %): …………
-
Investments with increase in capacity:
Maximum rate envisaged in cases where contemporary materials are used (max.: see point 3.1): …………
Maximum rate envisaged in cases where traditional materials are used, expressed as a percentage of the extra cost (max. 100 %): …………
7.Relocation of farm buildings in the public interest
7.1.Does the relocation result from expropriation?
| yes | | no |
7.2.Is the relocation justified on grounds of public interest specified in the legal basis?
| yes | | no |
Please note that the legal basis must explain the public interest served by the relocation.
7.3.Does relocation simply consist of the dismantling, removal and re-erection of existing facilities?
| yes | | no |
7.3.1.If yes, what it the intensity of the aid? (max. 100 %)
…………
7.4.Does relocation result in the farmer benefiting from more modern equipment and facilities?
| yes | | no |
7.4.1.If yes, what is the farmer's own contribution, as a percentage of the added value of the facilities after relocation?
-
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?
| yes | | no |
7.5.1.If yes, what is the farmer's own contribution, as a percentage of the expenditure linked to the increase?
-
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 %)
8.Other information
8.1.Is the notification accompanied by documentation demonstrating how the State aid measure is consistent with the relevant rural development programme(s) concerned?
| yes | | no |
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
8.2.Is the notification accompanied by documentation showing that support is targeted on clearly defined objectives reflecting identified structural and territorial needs and structural disadvantages?
| yes | | no |
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 36 of the Guidelines
PART III.12.B.SUPPLEMENTARY INFORMATION SHEET FOR AID FOR INVESTMENTS IN CONNECTION WITH THE PROCESSING AND MARKETING OF AGRICULTURAL PRODUCTS
This notification form applies to aid investments in the processing174 and marketing175 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 2013176.
1.Scope & beneficiaries of the aid
1.1.
Please specify under which provision of the Agricultural Guidelines this notification is meant to fall:
1.1.1.
-
point IV.B.2. (a) [Commission Regulation (EC) No 70/2001177 or any provision replacing it]
1.1.2.
-
point IV.B.2. (b) [Commission Regulation (EC) No 1628/2006178]
1.1.3.
-
point IV.B.2. (c) [Commission guidelines on national regional aid for 2007 to 2013179]
1.1.4.
-
point IV.B.2. (d) [aid for intermediate companies in regions not eligible for regional aid]
1.2.Commission Regulation (EC) No 70/2001 (State aid to small and medium-sized enterprises)
Is the beneficiary a SME in the processing or marketing of agricultural products?
| yes | | no |
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.(a) of the Guidelines.
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 794/2004180 or any provision replacing it).
1.3.Commission Regulation for regional investment aid
Does the aid fulfil the conditions set out in this Regulation?
| yes | | no |
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 2013179
Does the aid fulfil the conditions set out in these Guidelines?
| yes | | no |
If no, the aid does not fulfil the necessary conditions under these Guidelines and cannot be declared compatible with the Common Market under point IV.B.2.(c) of the Agricultural Guidelines.
If yes, note that the assessment of such aid is to be carried out on the basis of the Guidelines on National Regional aid. Please refer to the relevant part of the general notification form (Annex of Commission Regulation (EC) No 1627/2006181).
1.5.Aid in regions NOT eligible for regional aid
1.5.1.Are there beneficiaries, which are SMEs?
| yes | | no |
If yes, please refer to point 1.2. above [point IV.B.2 (a) of the Agricultural guidelines].
1.5.2.Are there beneficiaries, which are large companies (i.e. 750 employees or more and EUR 200 million turnover or more)?
| yes | | no |
If yes, please note that the aid cannot be declared compatible with the Common Market under point IV.B.2(d) of the Agricultural guidelines.
1.5.3.Are there beneficiaries, which are intermediate companies (i.e. less than 750 employees and/or less than EUR 200 million turnover)?
| yes | | no |
If yes, please refer to the relevant part of the general notification form (Annex of Commission Regulation (EC) No1627/2006) regarding the eligible expenses.
2.Aid intensity
2.1.If the beneficiaries are SMEs (Commission Regulation (EC) No 70/2001 or any provision replacing it):
Please state the maximum aid intensity for eligible investments in:
2.1.1.
outermost regions: ………… (max. 75 %)
2.1.2.
smaller Aegean Islands182: ………… (max. 65 %)
2.1.3.
regions eligible under Art. 87(3)(a): …………(max. 50 %)
2.1.4.other regions: ………… (max. 40 %)
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:
2.2.1.
SMEs:
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)
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)
2.2.2.
intermediate enterprises in the meaning of Article 28 (3) of Council Regulation No 1698/2005183(not SME but with less than 750 employees or less than EUR 200 million turnover):
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)
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)
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/EC184?
| yes | | no |
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)?
| yes | | no |
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 | | no |
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:
2.3.1.please specify the maximum aid intensity: ………… (max. 20 %)
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?
| yes | | no |
If no, the measure would not be in line with point IV.B.2.(d) of the Agricultural Guidelines.
3.Eligibility criteria & expenses
3.1.Does the aid concern the manufacture and marketing of products which imitate or substitute milk and milk products?
| yes | ' | no |
If you have answered yes, please note that the measure would not be in line with point IV.B. of the Agricultural Guidelines.
3.2.Regarding intermediate or large companies, does the aid concern the purchase of second-hand equipment?
| yes | | no |
If you have answered yes, please note that the measure would not be in line with point IV.B. of the Agricultural Guidelines.
3.3.For aid for investments in regions not eligible for regional aid:
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 | | no |
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 | | no |
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?
| yes | | no |
If yes, please note that point 47 of the agricultural guidelines does not allow aid for these investments.
4.Other information
4.1.Is the notification accompanied by documentation showing that that support is targeted on clearly defined objectives reflecting identified structural and territorial needs and structural disadvantages?
| yes | | no |
If yes, please provide that documentation hereunder or in an annex to this supplementary information sheet
…………
If not, please note that this documentation is requested in conformity with point 46 of the agricultural guidelines.
4.2.Is the notification accompanied by documentation demonstrating that the State aid measure fits into and is coherent with the relevant rural development programme(s) concerned?
| 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 must be provided under point 26 of the Guidelines.
5.Individual notifications
Could the eligible investments exceed EUR 25 million or the aid amount to EUR 12 million?
| yes | | no |
If yes, will an individual notification be done?
| yes | | no |
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.CSUPPLEMENTARY 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 2013185(hereinafter called ‘the guidelines’) and articles 39 and 40 of Council Regulation (EC) No 1698/2005186.
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)
1.Objective of the measure
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)
…………
…………
If the measure in question has already been applied in the past, what have been the results in terms of environmental protection?
…………
…………
2.Eligibility criteria
2.1.Will the aid be granted to farmers and/or other land managers (Article 39(2) of Regulation (EC) No 1698/2005) who give agri-environmental commitments for a period of between five and seven years?
| yes | | no |
2.2.Will a shorter or a longer period be necessary for all or particular types of commitments?
| yes | | no |
In the affirmative please provide the reasons justifying that period
…………
…………
2.3.Please confirm that no aid will be granted to compensate for agri-environmental commitments that do not go beyond the relevant mandatory standards established pursuant to Articles 4 and 5 of, and Annexes III and IV to Regulation (EC) No 1782/2003187 as well as minimum requirements for fertiliser and plant protection product use and other relevant mandatory requirements established by national legislation and identified in the rural development programme.
| yes | | no |
If no, please note that Article 39(3) of Regulation (EC) No 1698/2005 does not allow for aid for agri-environmental commitments that do not involve more than the application of these standards and requirements.
2.4.Please describe what the abovementioned standards and requirements are and explain how the agri-environmental commitments involve more than their application.
…………
…………
3.Aid amount
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:
-
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)
-
local breeds in danger of being lost to farming ………… (maximum payment of 200 EUR/live stock unit)
-
other …………………………………………..….
If the maximum amounts mentioned are exceeded please justify the compatibility of the aid with the provisions of Article 39(4) of Regulation (EC) No 1698/2005.
3.2.Is the support measure granted annually?
| yes | | no |
If no, please provide the reasons justifying other period
…………
…………
3.3.Is the amount of annual support calculated on the basis of:
income foregone,
additional costs resulting from the commitment given, and
the need to provide compensation for transaction costs
| yes | | no |
Explain the calculation method used in fixing the amount of support and specify the income foregone, additional costs and possible transaction costs: ……………………
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?
| yes | | no |
If no please explain the reference level taken into consideration
…………
…………
3.5.Are the payments made per unit of production?
| yes | | no |
If yes please explain the reasons justifying that method and 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 agri-environmental commitments already undertaken in the past?
| yes | | no |
3.7.If yes, please demonstrate that such costs still continue to be incurred
…………
3.8.Do you intend to give aid for the costs of non-productive investments linked to the achievements of agri-environmental commitments (non-productive investments being investments which should not lead to a net increase in farm value or profitability)?
| yes | | no |
3.9.If yes, which aid rate will be applied (max. 100 %)?
…
AID FOR ANIMAL WELFARE COMMITMENTS (POINT IV.C.2 OF THE GUIDELINES)
1.Objective of the measure
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)
…………
…………
If the measure in question has already been applied in the past, what have been the results in terms of animal welfare?
…………
2.Eligibility criteria
2.1.Will the aid be exclusively granted to farmers who give animal welfare commitments for a period of between five and seven years?
| yes | | no |
2.2.Will a shorter or a longer period be necessary for all or particular types of commitments?
| yes | | no |
In the affirmative please provide the reasons justifying that period
…………
…………
2.3.Please confirm that no aid will be granted to compensate for animal welfare commitments that do not go beyond the relevant mandatory standards established pursuant to Articles 4 and 5 of, and Annexes III and IV to, Regulation (EC) No 1782/2003188 and other relevant mandatory requirements established by national legislation and identified in the rural development programme.
| yes | | no |
If no, please note that Article 40(2) of Regulation 1698/2005 does not allow for aid for animal welfare commitments that do not involve more than the application of these standards and requirements
2.4.Please describe what the abovementioned standards and requirements are and explain how the animal welfare commitments involve more than their application.
…………
…………
3.Aid amount
3.1.Please specify the maximum amount of animal welfare aid to be granted:
………… (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?
| yes | | no |
If no, please provide the reasons justifying other period
…………
…………
3.3.Is the amount of annual support calculated on the basis of:
income foregone,
additional costs resulting from the commitment given, and
the need to provide compensation for transaction costs ?
| yes | | no |
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?
| yes | | no |
If no please explain the reference level taken into consideration
…………
…………
3.5.Are the payments made per livestock unit?
' | yes | | no |
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?
| yes | | no |
3.7.If yes, please demonstrate that such costs still continue to be incurred
…………
3.8.Do you intend to give aid for the costs of non-productive investments linked to the achievements of agri-environmental commitments (non-productive investments being investments which should not lead to a net increase in farm value or profitability)?
| yes | | no |
3.9.If yes, which aid rate will be applied (max. 100 %)?
…
PART III 12 CbisSUPPLEMENTARY INFORMATION SHEET ON AID CONCERNING NATURA 2000 PAYMENTS AND PAYMENTS LINKED TO DIRECTIVE 2000/60/EC
This form must be used by Member State to notify aids under Natura 2000 payments and payments linked to Directive 2000/60/EC189, as dealt with in Part IV.C.3 of the Community Guidelines for State aid in the agriculture and forestry sector 2007 to 2013190.
1.objective of the measure
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/EEC191, 92/43/EEC192 and 2000/60/EC?
| Yes | | No |
1.1.1.
If no, please note that Part IV.C.3 of the Agricultural Guidelines does not allow for aid to compensate for costs other than those related to the disadvantages related to the implementation of Directives 79/409/EEC, 92/43/EEC and 2000/60/EC.
2.Eligibility criteria
2.1.Are costs incurred and income foregone resulting from disadvantages in the areas concerned related to the implementation of Directives 79/409/EEC, 92/43/EEC and 2000/60/EC?
| Yes | | No |
2.1.1.If yes please provide all the details concerning the relevant provisions of the Directive(s) in question
…………
…………
2.1.2.
If no, please note that Part IV.C.3 of the Agricultural Guidelines does not allow for aid to compensate for other costs than those resulting from disadvantages related to the implementation of Directives 79/409/EEC, 92/43/EEC and 2000/60/EC.
2.2.Are the planned compensation payments necessary to solve specific problems arising from the Directive(s)?
| Yes | | No |
2.2.1.If yes please explain why this measure is necessary
…………
…………
2.2.2.
If no, please note that according to Part IV.C.3 of the Agricultural Guidelines only payments that are necessary to solve specific problems arising from these Directives can be authorised
2.3.Is the support granted only for obligations going beyond cross compliance obligations?
| Yes | | No |
2.3.1.If no, please justify its compatibility with the provisions of Part IV.C.3 of the Agricultural Guidelines
…………
…………
2.4.Is the support granted for obligations going beyond conditions set out by Article 5 of Council Regulation (EC) No 1782/2003193?
| Yes | | No |
2.4.1.If no, please justify its compatibility with the provisions of Part IV.C.3 of the Agricultural Guidelines
…………
…………
2.5.Is the aid granted in breach of the polluter pays principle?
| Yes | | No |
2.5.1.If yes, please provide all elements justifying its compatibility with the provisions of Part IV.C.3 of the Agricultural Guidelines and that it is exceptional, temporary and degressive
…………
…………
3.Aid amount
3.1.Please specify the maximum amount of aid, based on the utilised agricultural area (UAA):
-
………… (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)
3.1.1With regard to payments linked to Directive 2000/60/EC please provide additional information.
…………
…………
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 1698/2005194.
…………
…………
3.2.Please explain the measures taken to ensure that payments are fixed at a level which avoids overcompensation
…………
…………
4.Other Information
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.
PART III.12.DSUPPLEMENTARY 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 2013195.
1.Questions relevant for all notifications of aid to compensate for handicaps in certain areas
1.Describe the handicap in question:
…………
…………
…………
…………
…………
…………
…………
…………
2.Provide proof that the amount of compensation to be paid avoids any overcompensation to farmers of the effect of the handicaps:
…………
…………
…………
…………
…………
…………
…………
…………
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:
…………
…………
…………
…………
…………
…………
…………
…………
4.Is it within human control to reverse the economic impact of the permanent handicap?
| yes | | no |
If yes, please note that only the economic impact of permanent handicaps that lie outside of human control may be taken into account for calculating the amount of compensatory payments. Structural disadvantages open to improvement through modernisation of farms or factors like taxes, subsidies or the implementation of the CAP reform may not be taken into account.
If no, explain why it is outside human control to reverse the economic impact of the permanent handicap:
…………
…………
…………
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.
| yes | | no |
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 1257/1999196?
| yes | | no |
7.Can you confirm that the total support granted to the farmer will not exceed the amount determined in accordance with Article 15 of Regulation (EC) No 1257/1999?
| yes | | no |
Specify the amount ……………………………………………………..
If no, please note that, according to point 72 of the Agricultural Guidelines, the maximum aid that can be granted in the form of compensatory allowance cannot exceed the above amount.
8.Does the measure provide that the following eligibility criteria must be fulfilled?
-
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 1782/2003197 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 | | no |
9.Does the measure provide that, in the event of obstruction on the part of the owner or holder of the animals when inspections are being carried out and the necessary samples are being taken in application of national residue-monitoring plans, or when the investigations and checks provided for under Directive 96/23/EC are being carried out, the penalties provided for under question 4 shall apply?
| yes | | no |
10.In case of aid schemes still in force at the date of the entry into force of Articles 37 and 88(3) of Council Regulation (EC) No 1698/2005198, will the aid scheme be amended to comply with the provisions of those articles as from that date?
| yes | | no |
If no, please note that from the entry into force of Articles 37 and 88 (3) of the abovementioned regulation new rules will be applied to measures aiming to compensate for natural handicaps in certain areas and that aid measures that do not fulfil all the criteria of these Articles and any implementing rules adopted by the Council or the Commission will have to be put to an end.
2.Other Information
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
PART III.12.ESUPPLEMENTARY INFORMATION SHEET ON AID FOR MEETING STANDARDS
This information sheet relates to investments in agricultural holdings discussed in point IV.E of the Community Guidelines for State aid in the agriculture and forestry sector 2007 to 2013199.
1.Does the planned aid apply only to primary producers (farmers)?
| yes | | no |
2.Are the new standards based on Community standards?
| yes | | no |
3.If no, will the aid be limited to expenses resulting from standards likely to create a genuine competition handicap for the farmers involved?
| yes | | no |
4.Please demonstrate this handicap on the basis of mean net profit margins for average agricultural holdings in the (sub-)sector involved:
…………
5.Is the aid farmers are entitled to over a period of five years for costs or loss of income incurred as a result of applying one or more standards to be provided on a diminishing scale and limited to a total of EUR 10 000?
| yes | | no |
6.Please describe the diminishing scale of the aid:
…
7.If the total of EUR 10 000 is exceeded: is the aid limited to 80 % of costs and loss of income incurred by farmers, and to EUR 12 000 per agricultural holding, and is account taken of any Community aid provided?
| yes | | no |
8.Does the aid pertain to standards which can be shown to be the direct cause of:
an increase in the operating costs of at least 5 % for the product or products affected by the standard?
yes
no
a loss of income equal to at least 10 % of net profits derived from the product or products affected by the standard?
yes
no
9.Please demonstrate the abovementioned parameters (please note that they must be calculated for an average agricultural holding in the sector and in the Member State affected by the standard):
…………
10.Does the aid apply only to standards resulting in an increase in operating costs or loss of income equal to at least 25 % of all agricultural holdings of the (sub-) sector in the Member State concerned?
| yes | | no |
11.Is the notification accompanied by documentation demonstrating how the State aid measure is consistent with the relevant rural development programme(s) concerned?
| yes | | no |
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.FSUPPLEMENTARY 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 2013200.
1.Eligibility Criteria
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 Regulation201 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 ?
| yes | | no |
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?
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 | | no |
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?
| yes | | no |
1.4.Does the measure comply with existing Community or national standards?
| yes | | no |
1.4.1.If not, is the aim to comply with existing Community or national standards identified in the submitted business plan?
| yes | | no |
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?
| yes | | no |
2.Maximum allowable aid
2.1.Is the setting up support granted in the form of
-
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?
| yes | | no |
3.Other Information
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.
PART III.12.GSUPPLEMENTARY 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 2013202.
1.Types of aid
1.1.Is the support measure granted only to primary production?
| yes | | no |
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:
-
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
2.1.Will the aid be exclusively granted when the transferor of the farm,
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 | | no |
If no please note that according to point 87 of the Guidelines combined with article 23 of Council Regulation No 1698/2005203, 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:
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 | | no |
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:
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 | | no |
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
3.1.Is the aid measure combined with support under the Rural Development Regulation?
| yes | | no |
3.1.1.If yes, please provide a brief description of the modalities and amount of such co-financed support
…………
…………
3.2.Please specify what is the maximum amount of aid to be granted per transferor:
-
………… 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:
-
………… per worker and year (maximum annual amount of EUR 4 000/worker and maximum total amount of EUR 40 000/worker)
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.
3.4.Does the transferor receive a normal retirement pension paid by the Member State?
| yes | | no |
3.4.1.If yes, is the planned early retirement support granted as a supplement taking into account the amount of the national retirement pension?
| yes | | no |
If no, please note that point 87 of the Guidelines combined with Article 23 of Council Regulation (EC) No 1698/2005 requires that the amount paid as a normal retirement pension is taken into account in the calculation of the maximum amounts to be granted under the early retirement schemes.
4.Duration
4.1.Can it be assured that duration of planned early retirement support shall not exceed a total period of 15 years for the transferor and for the farm worker and that, at the same time, it shall not go beyond the 70th birthday of a transferor and not go beyond the normal retirement age of a worker?
| yes | | no |
If no, please note that point 87 of the Guidelines combined with Article 23 of Council Regulation (EC) No 1698/2005 does not allow for aid if all those requirements are not assured in the planned scheme.
PART III 12.III.HSUPPLEMENTARY INFORMATION SHEET ON AID TO PRODUCER GROUPS
This form must be used for the notification of any State aid measures meant to provide aid to produces groups as described by chapter IV.H. of the Community Guidelines for State aid in the agricultural and forestry sector 2007 to 2013204
1.Type of aid
1.1.Does the aid concern start-up aid to newly established producer groups?
| yes | | no |
1.2.Does the aid concern start-up aid to newly established producer associations (i.e. a producer association consists of recognised producer groups and pursues the same objectives on a larger scale)?
| yes | | no |
1.3.Is the aid granted towards eligible expenses limited to and resulting from a year-on-year increase in turnover of the beneficiary by at least 30 % due to the accession of new members and/or the coverage of new products?
| yes | | no |
1.3.1.
If yes, how much is the increase in turnover of the beneficiary?
1.3.2.Is the increase in turnover of the beneficiary due to
-
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?
| yes | | no |
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?
| yes | | no |
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?
| yes | | no |
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?
| yes | | no |
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?
| yes | | no |
1.8.1.If yes, will the overall amount granted directly to producers respect the limit for maximum support (EUR 400 000)?
| yes | | no |
2.Beneficiary
2.1.Is the start-up aid granted exclusively to small and medium-sized enterprises?
| yes | | no |
2.2.Is start-up aid granted to producer groups or producer associations which are entitled to assistance under the legislation of the Member State concerned?
| yes | | no |
If the answer is no, please refer to Article 9(2) of Commission Regulation (EC) No …205.
2.3.Is the aid granted only if all the following rules are respected:
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.
2.4.Does the producer group or association comply fully with all relevant provisions of competition law, in particular Articles 81 and 82 of the Treaty?
| yes | | no |
2.5.Does the aid measure/scheme clearly exclude production organisations such as companies or co-operatives the objective of which is the management of one or more agricultural holdings and which are therefore in effect single producers?
| yes | | no |
If no, please note that, according to Article 9(5) of Commission Regulation (EC) No 1857/2006, producers should remain responsible for managing their holdings.
2.6.Does the aid measure/scheme clearly exclude any aid to producer groups or associations the objectives of which are incompatible with a Council regulation setting up a common market organisation?
| yes | | no |
If no, please note that, under Article 9(8) of Commission Regulation (EC) No 1857/2006, under no circumstances can the Commission approve an aid which is incompatible with the provisions governing a common organisation of the market or which would interfere with the proper functioning of the common organisation
3.Aid intensity and eligible costs
3.1.Can you confirm that the total amount of aid granted to a producer group or association will not exceed EUR 400 000?
| yes | | no |
3.2.Does the aid measure/scheme clearly exclude that aid is paid in respect of costs incurred after the fifth year?
| yes | | no |
3.3.Does the aid measure/scheme clearly exclude that aid is paid following the seventh year after recognition of the producer organisation?
| yes | | no |
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:
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?
| yes | | no |
If the answer is no, please refer to the list of eligible expenses set in Article 9(3) of Commission Regulation (EC) No 1857/2006.
PART III.12.ISUPPLEMENTARY INFORMATION SHEET ON AID FOR LAND RE-PARCELLING
This form must be used for the notification of any State aid schemes designed to cover the legal and administrative costs, including survey costs, of re-parcelling as described by Chapter IV.I of the Community Guidelines for State aid in the agriculture and forestry sector 2007 to 2013206.
1.Is the aid measure part of a general programme of land reparcelling operations undertaken in accordance with the procedures laid down by the legislation of the Member State concerned?
| yes | | no |
2.Do the eligible expenses include exclusively the legal and administrative costs, including survey costs, of re-parcelling ?
| yes | | no |
If the eligible expenses also cover other items, please note that Article 13 of Regulation (EC) No 1857/2006 authorises only the eligible expenses indicated.
3.
What is the planned rate of aid (max. 100 %)? …
PART III.12.JSUPPLEMENTARY INFORMATION SHEET ON AID TO ENCOURAGE THE PRODUCTION AND MARKETING OF QUALITY AGRICULTURAL PRODUCTS
This form must be used for the notification of any State aid measures which are designed to encourage the production and marketing of quality agricultural products as described by chapter IV.J of the Community Guidelines for State aid in the agricultural and forestry sector 2007 to 2013207
(A)PRIMARY PRODUCERS (FARMERS)
1.Type of products
1.1.Does the aid only refer to quality products fulfilling the criteria to be defined pursuant to Article 32 of Regulation (EC) No 1698/2005208?
| yes | | no |
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
2.1.Which of the following types of aid can be financed by the aid scheme/individual measure?
-
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 1857/2006209, 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.
- (a)
2.2.Does the aid measure include investments, which are necessary to upgrade production facilities?
| yes | | no |
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:
-
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?
| yes | | no |
3.Beneficiaries
3.1.Who are the beneficiaries of the aid?
-
farmers;
-
producer groups
-
other (please specify)
…………
3.2.Are large companies excluded as beneficiaries?
| yes | | no |
3.3.With the exception of support for the participation in measures referred to in Article 14(2)(f) of Regulation No 1857/2006, are direct payments of money to producers excluded?
| yes | | no |
3.3.1.Is the aid available to all the farmers eligible in the area concerned based on objectively defined conditions?
| yes | | no |
3.3.2.Does the aid measure exclude compulsory membership of the producers group/organisation or intermediate entity managing the aid in order to benefit from aid?
| yes | | no |
3.3.3.Is the contribution towards the administrative costs of the group or organisation concerned limited to the costs of providing the service?
| yes | | no |
4.AId Intensity
4.1.Please state the maximum rate of public support of the following measures:
- (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
1.Type of products
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?
| yes | | no |
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
2.1.Are eligible costs limited to:
-
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: …………
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:
…………
…………
3.Beneficiaries
3.1.Who are the beneficiaries of the aid?
-
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?
| yes | | no |
4.Necessity of the aid
4.1Does the aid foresee that any application for aid must be submitted before work on the project is started?
| yes | | no |
4.2.If not has the Member State adopted legal provisions establishing a legal right to aid according to objective criteria, and without further exercise of discretion by the Member States?
| yes | | no |
PART III.12.KSUPPLEMENTARY INFORMATION SHEET ON AID FOR THE PROVISION OF TECHNICAL SUPPORT IN THE AGRICULTURE SECTOR
This form must be used for the notification of any State aid measure whose aim is the provision of technical support in the agricultural sector as described by chapter IV.K of the Community Guidelines for State aid in the agricultural and forestry sector 2007 to 2013211
1.TYPE OF AIDS
A.AID TO PRIMARY PRODUCERS
1.1.Which of the following types of aid can be financed by the aid scheme/individual measure:
-
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 510/2006212 and by Articles 54 to 58 of Council Regulation (EC) No 1493/99 of 17 May 1999 on the common market in wine213, provided that the references correspond exactly to those references which have been registered by the Community — origin are not named?
yes
no
-
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 510/2006212 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
no
-
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
no
1.2.Please describe the envisaged measures:
…………
…………
1.3.Will the aid for the abovementioned measures be granted in favour of large companies?
| yes | | no |
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.
1.4.Which of the following types of aid can be financed by the aid scheme/individual measure:
-
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?
| yes | | no |
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
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?
| yes | | no |
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:
…………
…………
1.8.Does the project respect the following conditions:
Are the number of participating companies and the duration of the pilot scheme limited to what is necessary for proper testing?
| yes | | no |
Will the results of the pilot scheme be made publicly available?
| yes | | no |
2.Eligible costs and aid intensity
A.AID TO PRIMARY PRODUCERS
2.1.Concerning education and training, do the eligible costs include only the actual cost of organising the training programme, travel and subsistence expenses and the cost of the provision of replacement services during the absence of the farmer or the farm worker?
| yes | | no |
If no, please note that according to point 104 of the Guidelines combined with article 15.2 of Commission Regulation (EC) No 1857/2006214, aid to cover other costs cannot be authorised.
2.2.Concerning the farm replacement services, do the eligible costs include only the actual costs of the replacement of the farmer, the farmer's partner, or a farm worker during illness and holidays?
| yes | | no |
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.
2.3.Concerning consultancy services provides by third parties, do the eligible costs include only the fees for services which do not constitute a continuous or periodic activity nor relate to the enterprise's usual operating expenditure (such as routine tax consultancy services, regular legal services or advertising) ?
| yes | | no |
If no, please note that according point 103 of the Guidelines combined with Article 15.2 of Commission Regulation (EC) No 1857/2006 aid to cover costs of continuous or periodic activities or relating to the enterprise's usual expenditure cannot be authorised.
2.4.In the case of organisation of, and/or participation in, forums to share knowledge between businesses, competitions, exhibitions and fairs, do the eligible costs only include: participation fees, travel costs, costs of publications, rent of exhibition premises and symbolic prizes awarded in the framework of competitions, up to a value of EUR 250 per prize and winner?
| yes | | no |
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 …………
2.6.Will the aid involve direct payments to producers?
| yes | | no |
Please note that according to point 103 of the Guidelines combined with Article 15.3 of Regulation (EC) No 1857/2006 aid must not involve direct payments to producers.
B.AID TO COMPANIES ACTIVE IN THE PROCESSING AND MARKETING OF AGRICULTURAL PRODUCTS
2.7.Concerning the services provided by outside consultants, are the eligible expenses limited only to costs of activities of non-continuous or non-periodic character, not relating to the enterprise's usual operating expenditure?
| yes | | no |
If no, please note that according to point 105 of the Guidelines combined with Article 5 of Commission Regulation (EC) No 70/2001 (or any provision replacing it) aid towards financing services being a continuous or periodic activity or related to the enterprise's usual operating expenditure, such as routine tax consultancy services, regular legal services or advertising can not be authorised.
2.8.Concerning the participation in fairs and exhibitions, are the eligible costs limited only to the additional costs incurred for renting, setting up and running the stand and apply only to the first participation of an enterprise in a particular fair or exhibition?
| yes | | no |
If no, please note that aid for costs other than specified in point 105 of the Guidelines combined with Article 5 of Regulation (EC) No 70/2001 (or any provision replacing it) cannot be authorised.
2.9.Please state the aid intensity: ………… (max. 50 %)
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
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?
| yes | | no |
2.11.
Please state the aid intensity …………
3.Beneficiaries
3.1.Who are the beneficiaries of the aid?
-
farmers;
-
producer groups;
-
other (please specify)
…………
3.2.
If farmers are not the direct beneficiaries of the aid:
3.2.1.Is the aid available to all the farmers eligible in the area concerned based on objectively defined conditions?
| yes | | no |
3.2.2.Where the provision of technical support is undertaken by producer groups or other organisations is membership of such groups or organisations a condition for access to the service?
| yes | | no |
3.2.3.Is the contribution of non-members towards the administrative costs of the group or organisation concerned limited to the costs of providing the service?
| yes | | no |
PART III.12.LSUPPLEMENTARY INFORMATION SHEET ON AID FOR THE LIVESTOCK SECTOR
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 2013215.
1.Eligible expenses
1.1.Which of the following eligible expenses does the support measure cover:
-
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 1857/2006216 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
2.1.Please specify the maximum rate of public support expressed as a volume of eligible expenses:
………… 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?
…………
…………
3.Beneficiaries
3.1.Is the aid limited to firms which meet the Community definition of small and medium-sized undertakings?
| yes | | no |
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.MSUPPLEMENTARY 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 2013217.
1.Does the proposed aid for the outermost regions and the Aegean Islands depart from the other provisions set out in the Guidelines?
| yes | | no |
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?
| yes | | no |
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?
| yes | | no |
3.1.If yes, please determine the amount of the additional costs resulting from these specific constraints and the method of calculation:
…………
…………
…………
3.2.How can the authorities establish the link between the additional costs and the factors entailing them (like remoteness or distant location)?
…………
…………
4.Is this aid intended to offset in part additional transport costs?
| yes | | no |
4.1.If yes, please provide proof of the existence of these additional costs and the method of calculation used to determine their amount218:
…………
…………
4.2.If yes, indicate what will be the maximum amount of aid (on the basis of an aid-per-kilometre ratio or on the basis of an aid-per-kilometre and aid-per-unit-weight ratio) and the percentage of the additional costs covered by the aid:
…………
5.In the case of Spain, is the aid intended for the production of tobacco in the Canary Islands219?
| yes | | no |
5.1.If yes, is the aid limited to EUR 2 980,62 per tonne and to a maximum of 10 tonnes each year?
| yes | | no |
5.2.How can the Spanish authorities guarantee that the aid will not result in discrimination between producers in the islands?
…………
…………
PART III.12.NSUPPLEMENTARY INFORMATION SHEET ON AID TO COMPENSATE FOR DAMAGE TO AGRICULTURAL PRODUCTION OR THE MEANS OF AGRICULTURAL PRODUCTION
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 2013220.
1.Aid to make good the damage caused by natural disasters or exceptional occurrences (point V.B.2. of the Guidelines)
1.1.Which disaster or exceptional occurrence caused the damage for which the compensation is envisaged?
…………
1.2.What kind of physical damage was caused?
…………
1.3.What rate of compensation for material damage is contemplated?
…………
1.4.Is compensation planned for losses of income? If yes, what level of compensation is contemplated and how will income losses be calculated?
…………
1.5.Is the compensation to be calculated for each individual recipient?
…………
1.6.Are insurance payments to be deducted from the aid? How will it be checked whether insurance companies have made any payments?
…………
2.Aid to compensate farmers221for losses caused by bad weather (point V.B.3 of the Guidelines)
2.1.What weather event has justified the aid?
…………
2.2.Please give the weather data demonstrating the exceptional nature of the event:
…………
2.3.Please indicate the last date until which aid may be granted222:
…………
2.4.What is the threshold of loss, in relation to normal production of the relevant crop223 in a normal year, above which farmers will qualify for aid?
…………
Please note that the Commission will declare aid granted for losses due to adverse weather conditions compatible with Article 87(3)(c) of the Treaty only if those events can be assimilated to natural disasters as defined by Article 2(8) of Regulation (EC) No 1857/2006224. A climatic event may be assimilated to a natural disaster and qualify for compensation when it destroys more than 30 % of the normal crop production in question.
2.5.Please give normal production figures for each of the crops affected by the weather event and eligible for compensation. Describe the method by which this figure has been arrived at225.
…………
2.6.In the case of damage to the means of production (e.g. destruction of trees), explain how the threshold of loss to qualify for the aid has been calculated.
…………
2.7.Is the amount eligible for aid calculated as follows: (mean level of production in a given normal period x average price for the same period) - (actual production during the year of the event x average price for that year)?
…………
2.8.Are losses calculated for each individual holding or for a whole area? In the latter case, please show that the averages used are representative and not likely to lead to considerable over-compensation for some beneficiaries.
…………
2.9.Will insurance payments be deducted from the amount eligible for aid?
…………
2.10.Will the normal costs no longer faced by the farmer (e.g. because there was no actual harvest) be taken into account in calculating the aid?
…………
2.11.If such normal costs go up because of the weather event, is additional aid envisaged to cover the extra costs? If yes, what percentage of the extra costs will the aid cover?
…………
2.12.Will aid be paid to compensate for damage caused by the weather event to buildings and equipment? If yes, what percentage of the damage will it cover?
…………
2.13.Please indicate the maximum rate of public aid as a percentage of eligible damage226:
………… in less-favoured areas227 (max. 90 %);
………… in other zones (max. 80 %).
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?
…………
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?
| yes | | no |
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 Council228 with regard to agriculture:
| yes | | no |
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 | | no |
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 the above two conditions are explicitly laid down by that Article 11.
PART III.12.OSUPPLEMENTARY 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 2013229.
1.Animal and plant diseases
1.What disease is involved?
…………
2.Does this disease appear on the list of animal diseases drawn up by the World Organisation for Animal Health?
| yes | | no |
If the disease has been caused by adverse weather
3.Please answer the questions in the Information Sheet ‘Part III.12.N’, providing any relevant information for making the cause-and-effect link between the weather event and the disease.
…………
If the disease has not been caused by adverse weather
4.Is there provision for aid for firms involved in the processing and marketing of agricultural products?
| yes | | no |
If yes, please refer to point 131 of the Guidelines.
5.Has the aid scheme been introduced within three years of the expenses or losses?
| yes | | no |
6.Please indicate the last date until which aid may be granted230.
…………
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 basis231.
…………
8.Tick the applicable purpose of the aid scheme:
-
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.
…………
10.Please give a detailed description of the proposed control measures.
…………
11.What will be the costs or losses covered by the aid?
-
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;
-
losses caused by animal or plant diseases or by parasite infections;
-
loss of income caused by the difficulties involved in rebuilding herds or replanting crops, or by any period of quarantine or waiting period ordered or recommended by the competent authorities to enable eradication of the disease before herd rebuilding or crop replanting.
12.Will aid designed to compensate 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 be granted through subsidised services without involving direct payments to farmers?
| yes | | no |
If no, please refer to Article 10(1)(b) of Commission Regulation (EC) 1857/2006.
13.Is the amount of aid for losses due to animal or plant diseases or parasite infections calculated in relation to:
- a.
the market value of animals killed or plants destroyed by the disease or parasite infection or of animals killed or plants destroyed by public order as part of a compulsory public prevention or eradication programme;
yes
no
If no, please refer to Article 10(2)(a)(i) of Commission Regulation (EC) 1857/2006.
- b.
income losses due to quarantine obligations and difficulties in restocking or replanting;
yes
no
14.Please indicate the maximum aid intensity as a percentage of eligible costs.
………… % 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 %).
………… % of the losses caused by animal or plant diseases (gross aid intensity may not exceed 100 %).
15.If aid is envisaged to make good the loss of profit due to any quarantine or waiting period imposed or recommended by the competent authorities to enable the elimination of the disease before the holding is restocked or replanted, or to any difficulties in restocking or replanting, please indicate all elements establishing that there is no risk of over-compensating the profit loss.
…………
16.Has Community aid been envisaged for the same purpose? If yes, indicate the date and references of the Commission decision approving it.
…………
17.Will insurance payments be deducted from the amount of aid?
| yes | | no |
18.Will the calculation of the aid take account of costs not incurred because of the disease, which would otherwise have been incurred?
| yes | | no |
2.TSE Tests
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.
………… %
2.Does the measure relate to the obligatory BSE testing of bovine animals slaughtered for human consumption?
| yes | | no |
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)?
| yes | | no |
4.
If yes, please refer to the second subparagraph of Article 16(1) of Commission Regulation (EC) 1857/2006.
5.Will the aid be paid directly to farmers?
| yes | | no |
If yes, please refer to Article 16(3) of Commission Regulation (EC) 1857/2006.
3.Fallen stock and slaughterhouse waste
1.Is the measure linked with a consistent programme for monitoring and ensuring the safe disposal of all fallen stock in the Member State?
| yes | | no |
If no, please refer to Article 16(2) of Commission Regulation (EC) 1857/2006.
2.Is aid for fallen stock and slaughterhouse waste granted to processing and marketing firms?
| yes | | no |
If yes, please refer to point 137(i) of the Guidelines.
3.Will the aid to cover the costs of eliminating slaughterhouse waste produced after these Guidelines came into force?
| yes | | no |
If yes, please refer to point 137(ii) of the Guidelines.
4.Is the aid granted directly to producers?
| yes | | no |
If yes, please refer to Article 16(3) of Commission Regulation (EC) 1857/2006.
5.If no, will aid be paid to firms active downstream from the farmer, providing services linked to the removal and/or destruction of fallen stock?
| yes | | no |
If no, please refer to Article 16(3) of Commission Regulation (EC) 1857/2006.
6.Please indicate the maximum aid intensity as a percentage of eligible costs.
- a.
………… % of the costs of removal (max. 100 %)
- b.
………… % 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?
| yes | | no |
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?
| yes | | no |
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?
| yes | | no |
PART III.12.PSUPPLEMENTARY 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 2013232
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?
| yes | | no |
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:
-
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 1857/2006233
-
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?
…………
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?
| yes | | no |
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?
| yes | | no |
6.Is the aid conditional on the insurance contract being concluded with a company established in the Member State concerned?
| yes | | no |
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.QSUPPLEMENTARY 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 sector234.
1.Requirements
1.1.Does the planned scheme provide that,
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 | | no |
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?
…………
…………
1.3.Is/are that/those sector(s) subject to production limits or quotas?
| yes | | no |
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?
| yes | | no |
1.4.1.
If yes:
1.4.1.1.Is the planned aid scheme coherent with any Community arrangements to reduce production capacity?
| yes | | no |
Please describe this arrangements and the measures taken to assure the coherence
…………
1.4.1.2.Is the planned aid scheme part of a programme for the restructuring of the sector which has defined objectives and a specific timetable?
| yes | | no |
If yes, please describe the programme
…………
1.4.1.3.What is the duration of the planned aid scheme? …………
Please note that according to point 147(b) of the Guidelines the Commission can only authorised this type of aid when they provide for a limited duration. The duration of schemes aimed at reducing overcapacity should normally be limited to a period of not more than six months for collecting applications for participation and a further 12 months for actually closing down.
1.4.2.If no, is the capacity being closed for sanitary or environmental reasons?
| yes | | no |
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?
| yes | | no |
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?
| yes | | no |
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?
| yes | | no |
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?
…………
…………
1.9.In case of installations covered by Council Directive 96/61235: 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?
…………
…………
‘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? ………………………………
1.11.Does it consist of a definitive and irrevocable decision to scrap or irrevocably close the production capacity concerned?
| yes | | no |
1.11.1.If yes,
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:
…………
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 difficulty236?
| yes | | no |
If no, please note that according to point 147(j) of the Guidelines, the Commission cannot authorise an aid for the abandonment of capacity of a company in difficulties and that the aid must be evaluated under the rescue and/or restructuring aid.
‘There must be no over-compensation of loss of capital value and of future income’
1.13.Please specify what is the maximum amount of aid, if any, to be granted per beneficiary?
…………
…………
1.14.Is the amount of aid calculated on the basis of the loss of value of the assets plus an incentive payment which may not exceed 20 % of the value of the assets, and eventually, the obligatory social costs resulting from the implementation of the scheme?
| yes | | no |
If no, please note that according to point 147(l) of the Guidelines, the amount of aid should be strictly limited to compensation for those items.
1.15.Does the planned aid scheme provide that, where capacity is closed for other reasons than health or environmental, at least 50 % of the costs of these aids should be met by a contribution from the sector, either through voluntary contributions or by means of compulsory levies?.
| yes | | no |
If no, please note that according to point 147(m) of the Guidelines, the Commission cannot authorise the aid.
1.16.Does the planned scheme provide for the submission of an annual report on the implementation of the scheme?
| yes | | no |
F6X2PART III.12.R.SUPPLEMENTARY INFORMATION SHEET ON AID FOR THE PROMOTION AND ADVERTISING OF AGRICULTURAL PRODUCTS
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 2013237.
1.Advertising campaigns within the Community
1.1.Where will the measure be carried out?
-
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?
| yes | | no |
If not, please explain why.
…………
1.3.Please provide an exhaustive list of the eligible expenses.
…………
1.4.Who are the beneficiaries of the aid ?
-
farmers ;
-
producer groups and/or producer organisations;
-
enterprises active in the processing and marketing of agricultural products;
-
others (please specify)
…………
1.5.Can your authorities give the assurance that all producers of the products concerned are able to benefit from the aid in the same manner?
| yes | | no |
1.6.Will the advertising campaign be earmarked for quality products defined as products fulfilling the criteria to be established pursuant to Article 32 of Regulation (EC) No 1698/2005238 ?
| yes | | no |
1.7.Will the advertising campaign be earmarked for EU-recognized denominations with reference to the origin of the products ?
| yes | | no |
1.8.If yes, will the said reference correspond exactly to the references which have been registered by the Community ?
| yes | | no |
1.9.Will the advertising campaign be earmarked for products using a national or regional quality label ?
| yes | | no |
1.10.Does the label make any reference to the national origin of the products concerned?
| yes | | no |
1.11.
If yes, demonstrate that the reference to the origin of the products will be subsidiary in the message.
1.12.Is the advertising campaign of generic character and in the benefit of all producers of the type of product concerned?
| yes | | no |
1.13.If yes, will the advertising campaign be carried out without reference to the origin of the products ?
| yes | | no |
If no, please note that under point VI.D of the Guidelines no aid may be granted for such campaigns.
1.14.Will the advertising campaign be dedicated directly to the products of particular companies ?
| yes | | no |
If yes, please note that under point VI.D of the Guidelines no aid may be granted for such campaigns.
1.15.Will the advertising campaign comply with the provisions of Article 2 of Directive 2000/13/EC of the European Parliament and of the Council of 20 March 2000 on the approximation of the laws of the Member States relating to labelling, presentation and advertising of foodstuffs, as well as, where relevant, with the specific labelling rules laid down for various products (wine, dairy products, eggs and poultry)239?
| yes | | no |
If no, please note that under point VI.D of the Guidelines no aid may be granted for such campaigns.
1.16.The aid rate will be the following:
-
up to 50 % (indicate the exact rate: … %) because the sector will finance the rest of the campaign itself;
-
up to 100 % (indicate the exact rate: … %) because the sector will finance the rest of the campaign through parafiscal levies or compulsory contributions;
-
up to 100 % (indicate the exact rate: … %) because the advertising campaign is generic and in the benefit of all producers of the type of product concerned.
2.Advertising campaigns in third countries
2.1.Is the advertising campaign in line with the principles of Council Regulation (EC) No 2702/1999240 ?
| yes | | no |
If no, please note that under point VI.D of the Guidelines no aid may be granted for such campaigns.
If yes, provide the elements demonstrating the compliance with the principles of Council Regulation (EC) No 2702/1999
2.2.Is the advertising campaign granted towards specific enterprises ?
| yes | | no |
If yes, please note that under point VI.D of the Guidelines no aid may be granted for such campaigns.
2.3.Does the advertising campaign risk endangering sales of or denigrate products from other Member States ?
| yes | | no |
If yes, please note that under point VI.D of the Guidelines no aid may be granted for such campaigns.
PART III.12.SSUPPLEMENTARY 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/EC241.
1.Which measure is envisaged ?
-
tax reduction for motor fuels used in primary agricultural production;
-
tax reduction for energy products and electricity used in primary agricultural production.
2.What is the level of the envisaged reduction ?
…
3.Under which article of Council Directive 2003/96/EC do you want to apply this exemption ?
…
4.Will there be any differentiation in the level of exemption within the sector concerned ?
| yes | | no |
5.If the possibility of applying a level of taxation down to zero to energy products and electricity used for agriculture is repealed by the Council, will the exemption envisaged fulfil all the relevant provisions of the directive, without tax differentiation within the sector concerned ?
| yes | | no |
Please indicate which article(s) of the directive will be applied:
PART III.12.TSUPPLEMENTARY INFORMATION SHEET ON AIDS FOR THE FORESTRY SECTOR
This form must be used for the notification of any State aid measure to support forestry covered by Chapter VII of the Community Guidelines on State aid in the agriculture and forestry sector242.
1.Objective of the measure
1.1.Does the measure contribute to maintaining, restoring or improving ecological, protective and recreational functions of forests, biodiversity and a healthy forest ecosystem or does it concern the eligible costs mentioned in points 175 to 181 in Chapter VII of the Guidelines?
| yes | | no |
If not, please note that only measures concerning at least one of these objectives or eligible costs can be approved under this Chapter.
2.Eligibility criteria
2.1.Does the measure exclude aid to forest based industries or for commercially viable extraction of timber, transportation of timber or for the processing of wood or other forestry resources into products or for energy generation?
| yes | | no |
If not, please note that aid for the above purposes is excluded from the scope of this Chapter. Please refer to other State aid rules for such aid.
3.Type of aid
3.1.Does the measure include aid for planting, felling, thinning and pruning of trees and other vegetation (point VII.C. a)?
| yes | | no |
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)?
| yes | | no |
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)?
| yes | | no |
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 | | no |
Please describe how the value of stock will be calculated and confirm that the compensation will be limited to the value thus determined:
…………
…………
…………
…………
3.4.Does the measure include aid for the restoration and maintenance of natural pathways, landscape elements and features and the natural habitat for animals (point VII.C. d)?
| yes | | no |
If yes, please describe the measures:
…………
…………
…………
…………
…………
3.5.Does the measure include aid for constructing, improving and maintaining forest roads and/or visitors' infrastructures (point VII.C.e)?
| yes | | no |
If yes, please describe the measures:
…………
…………
…………
…………
Are the forests and infrastructures used for recreation open to the public at no cost for recreational purposes?
| yes | | no |
If not, is access restricted to protect sensitive areas or to ensure the proper and safe use of the infrastructures? Please describe the restrictions and the reasons for imposing them:
…………
…………
…………
3.6.Does the measure include aid for the costs of information materials and activities (point VII.C.f)?
| yes | | no |
If yes, please describe the measures and confirm that the supported actions and materials disseminate general information concerning forests and do not contain references to named products or producers or promote domestic products:
…………
…………
…………
…………
…………
3.7.Does the measure include aid for the costs of purchase of forestry land for nature protection purposes (point VII.C.g)?
| yes | | no |
If yes, please describe in detail the nature protection use of the forestry land in question and confirm that this land is entirely and permanently secured for nature protection by means of a statutory or contractual obligation:
…………
…………
…………
…………
…………
3.8.Does the measure include aid for the costs of afforestation of agricultural or non-agricultural land, establishment of agro forestry systems on agricultural land, Natura 2000 payments, forest-environment payments, restoring forestry potential and introducing prevention actions as well as non productive investments, pursuant to Articles 43 to 49 of Regulation (EC) No 1698/2005243 or any replacing legislation?
| yes | | no |
If yes please demonstrate that the measure fulfils the conditions laid down in Articles 43-49 of Regulation (EC) No 1698/2005 or any replacing legislation:
…………
…………
…………
…………
…………
3.9.Does the measure include aid for the additional costs and income foregone due to the use of environmentally friendly forest technology?
| yes | | no |
If yes, please describe in detail the technology used and confirm that it goes beyond the relevant mandatory requirements:
…………
…………
…………
…………
…………
Is the compensation paid on the basis of a voluntary commitment that the forest owner has entered and that satisfies the conditions of Article 47 of Regulation (EC) No 1698/2005 or any replacing legislation?
| yes | | no |
If not, please note that the aid cannot be authorized under Chapter VII of the Guidelines. If yes, describe the commitments:
…………
…………
…………
…………
…………
3.10.Does the measure include aid for the costs of purchase of forestry land (other than forestry land for environmental protection purposes, see point 3.7 above)?
| yes | | no |
If yes, please describe the measure and indicate the aid intensity:
…………
…………
…………
…………
…………
3.11.Does the measure include aid for the costs of training, consultancy services, such as, establishment of business plans or forestry management plans, feasibility studies, as well as participation in competitions, exhibitions and fairs?
| yes | | no |
If yes please demonstrate that the measure fulfils the conditions laid down in Article 15 of the Exemption Regulation:
…………
…………
…………
…………
…………
3.12.Does the measure include aid for the setting up of forestry associations?
| yes | | no |
If yes please demonstrate that the measure fulfils the conditions laid down in Article 9 of the Exemption Regulation:
…………
…………
…………
…………
…………
3.13.Does the measure include aid in favour of vulgarisation of new techniques, such as reasonable small scale pilot projects or demonstration projects?
| yes | | no |
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
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?
| yes | | no |
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?
| yes | | no |
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 | | no |
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?
| yes | | no |
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?
| yes | | no |
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?
| yes | | no |
Please describe how the exclusion of overcompensation will be controlled:
…………
…………
…………
F7PART III.14SUPPLEMENTARY INFORMATION SHEET FOR AID TO FISHERIES AND AQUACULTURE
This supplementary information sheet must be used for the notification of any aid scheme or individual aid covered by Guidelines for the examination of State aid to fisheries and aquaculture (the Guidelines).
OBJECTIVES OF THE SCHEME or AID (tick as appropriate and insert the required information):
This Section follows the order of the subparagraphs of paragraph 4 of the Guidelines: ‘Aid which may be declared compatible’.
Point 4.1 of the Guidelines: Aid for measures of the same kind as those covered by a block exemption Regulation
General remarks concerning this kind of aid
Two block exemption regulations are in force: Commission Regulation (EC) No 736/2008244 which applies to the fisheries and aquaculture sector and Commission Regulation (EC) No 800/2008245 which is the general exemption regulation applying to all sectors.
Therefore, such aid should not in principle be notified.
However, according to recital 6 of Regulation No 736/2008 and recital 7 of Regulation No 800/2008, these regulations should be without prejudice to the possibility for Member States of notifying State aid, the objectives of which correspond to objectives covered by these Regulations.
In addition, the following kinds of aid cannot benefit from the exemption provided by Regulations (EC) No 736/2008 and (EC) No 800/2008: aid exceeding specified ceilings, as referred to in Article 1(3) of Regulation (EC) No 736/2008 or in Article 6 of Regulation (EC) No 800/2008, or having specific characteristics, in particular aid granted to undertakings other than SMEs, aid to undertakings in difficulty, non-transparent aid, aid for an undertaking which is subject to an outstanding recovery order following a Commission decision declaring an aid incompatible with the common market.
Characteristics of the aid notified
-
Aid of the same kind as aid covered by Regulation (EC) No 736/2008
-
Aid of the same kind as aid covered by Regulation (EC) No 800/2008
-
Aid exceeding the ceiling specified
-
Aid granted to undertakings other than SMEs
-
Aid which is not transparent
-
Aid for an undertaking which is subject to an outstanding recovery
-
Other characteristics: specify it
Compatibility with the common market
The Member State is requested to provide detailed and reasoned justification as to why the aid can be considered compatible with the common market.
Point 4.2 of the Guidelines: Aid falling within the scope of certain horizontal Guidelines
The Member State is requested to provide the reference to the relevant Guidelines which are considered to be applicable to the aid measure concerned as well as a detailed and reasoned justification as to why the aid is considered compatible with those Guidelines.
The Member State is requested to complete also the other relevant summary information sheets annexed to this Regulation.
training aid — sheet in part III.2,
employment aid — sheet in part III.3,
aid for research and development — sheet in parts III.6.A or III.6.B as appropriate,
aid for rescuing and restructuring firms in difficulty — sheet in parts III.7 or III.8 as appropriate,
environmental aid — sheet III.10.
Point 4.3 of the Guidelines: Aid for investment on board fishing vessels
The Member State is requested to provide the information demonstrating the compatibility of the aid with the conditions set out in Article 25(2) and (6) of Council Regulation (EC) No 1198/2006 of 27 July 2006 on the European Fisheries Fund246.
It is also requested to provide a justification why this aid is not part of the operational programme co-financed by this Fund.
Point 4.4 of the Guidelines: Aid to make good damage caused by natural disaster, exceptional occurrences or specific adverse climatic event
The Member State is requested to provide the following information demonstrating the compatibility of the aid:
detailed information on the existence of a natural disaster or exceptional occurrence, including technical and/or scientific reports,
proof of a causal link between the event and the damages,
method of calculation of damages,
other means of justification.
Point 4.5 of the Guidelines: Tax relief and labour related costs concerning Community fishing vessels operating outside Community waters
The Member State is requested to provide information demonstrating the compatibility of the aid with the conditions of point 4.5 of the Guidelines.
That information must in particular include details showing the risk of deregistration from the fishing fleet register of the vessels concerned by the scheme.
Point 4.6 of the Guidelines: Aid financed through Para fiscal charges
The Member State is requested:
to indicate how the funds acquired by means of the Para fiscal charges will be used and,
to demonstrate how and on which basis their use is compatible with State aid rules.
In addition, it must show how the scheme will benefit both domestic and imported products.
Point 4.7 of the Guidelines: Aid for marketing of fishery products from the outermost regions
The Member State is requested to provide the information demonstrating the compatibility of the aid with the conditions of this Point and the relevant conditions of Council Regulation (EC) No 791/2007 of 21 May 2007 introducing a scheme to compensate for the additional costs incurred in the marketing of certain fishery products from the outermost regions the Azores, Madeira, the Canary Islands, French Guiana and Réunion247.
Point 4.8 of the Guidelines: Aid concerning the fishing fleet in outermost regions
The Member State is requested to provide the information demonstrating the compatibility of the aid with the conditions of this Point and the relevant conditions of Council Regulation (EC) No 639/2004 of 30 March 2004 on the management of fishing fleets registered in the Community outermost regions248 and Council Regulation (EC) No 2792/1999 of 17 December 1999 laying down the detailed rules and arrangements regarding Community structural assistance in the fisheries sector249.
Point 4.9 of the Guidelines: Aid for other measures
The Member State is requested to describe very precisely the kind of aid and its objectives.
In addition, it is requested to provide a detailed and reasoned justification on the compatibility of the aid with the conditions of point 3 of the Guidelines and to demonstrate how this aid serves the objectives of the common fisheries policy.
GENERAL PRINCIPLES
The Member State is requested to declare that no aid will be granted in respect of operations that the beneficiary has already begun to implement and for aid for activities in which the beneficiary would already engage under market conditions alone.
The Member State is requested to declare that no aid will be granted in circumstances where Community law, and in particular the rules of the Common Fisheries Policy, are not complied with.
In that sense, the Member State is requested to declare that the aid measure explicitly provides that, during the grant period, the beneficiaries of the aid shall comply with the rules of the Common Fisheries Policy and that, if during this period it is found that the beneficiary does not comply with rules of the Common Fisheries Policy, the grant must be reimbursed in proportion to the gravity of the infringement.
The Member State is requested to declare that the aid is limited to a maximum of 10 years, or, if this is not the case, undertakes to re-notify the aid at least two months before the tenth anniversary of its entry into force.
OTHER REQUIREMENTS
The Member State is requested to provide a list of all supporting documents submitted with the notification as well as a summary of those documents (e.g. socioeconomic data on the recipient regions, scientific and economic justification).
The Member State is requested to indicate that this aid is not cumulated with another aid for the same eligible expenses or for the same compensation.
If such accumulation exists, the Member State is requested to indicate the references of the aid (aid scheme or individual aid) with which there is accumulation and to demonstrate that the whole aid granted remains compatible with the relevant rules. For that purpose, the Member State shall take into account every kind of State aid, including de minimis aid.
F1ANNEX IISIMPLIFIED NOTIFICATION FORM
ANNEX III ASTANDARDISED REPORTING FORMAT FOR EXISTING STATE AID
(This format covers all sectors except agriculture)
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-1250.
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.
- 1.
Title
- 2.
Aid number
- 3.
All previous aid numbers (e.g., following the renewal of a scheme)
- 4.
Expiry
Member States should indicate those schemes which have expired or for which all payments have stopped.
- 5.
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.
- 6.
Sector
The sectoral classification shall be based largely on NACE251 at the [three-digit level].
- 7.
Primary objective
- 8.
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.
- 9.
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 NUTS252 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 BSTANDARDISED REPORTING FORMAT FOR EXISTING STATE AID
(This format covers the agricultural sector)
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-1253.
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, 13 and 14 shall be completed by the Member States.
- 1.
Title
- 2.
Aid number
- 3.
All previous aid numbers (e.g., following the renewal of a scheme)
- 4.
Expiry
Member States should indicate those schemes which have expired or for which all payments have stopped.
- 5.
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.
- 6.
Sector
The sectoral classification shall be based largely on NACE254 at the [three-digit level].
- 7.
Primary objective
- 8.
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.
- 9.
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
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.
- 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 CINFORMATION 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:
1.
Title of aid scheme, Commission aid number and reference of the Commission decision
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.):
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;
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;
2.3.
number of assisted projects and/or enterprises;
2.4.
estimated overall amount of:
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;
3.
Other information and remarks.
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).