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Commission Regulation (EC) No 1125/2009 of 23 November 2009 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, as regards Part III.2, Part III.3 and Part III.7 of its Annex I
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THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 659/1999 of 22 March 1999 laying down detailed rules for the application of Article 93 of the EC Treaty(1), and in particular Article 27 thereof,
Whereas:
(1) Commission Regulation (EC) No 794/2004 of 21 April 2004 implementing Council Regulation (EC) No 659/1999 laying down detailed rules for the application of Article 93 of the EC Treaty(2) established compulsory comprehensive State aid notification forms.
(2) Following the adoption by the Commission of the Communication on criteria for the compatibility analysis of training State aid cases subject to individual notification(3) and the Communication from the Commission on criteria for the compatibility analysis of State aid to disadvantaged and disabled workers subject to individual notification(4) it is necessary to modify part of the notification forms annexed to Regulation (EC) No 794/2004.
(3) Following the existence of an error it is necessary to modify a part of the notification form annexed to Regulation (EC) No 794/2004.
(4) Regulation (EC) No 794/2004 should therefore be amended accordingly,
HAS ADOPTED THIS REGULATION:
Part III.2 of Annex I to Regulation (EC) No 794/2004 is replaced by Annex I to this Regulation.
Part III.3 of Annex I to Regulation (EC) No 794/2004 is replaced by Annex II to this Regulation.
Part III.7a question 2.3 and Part III.7b question 2.3 of Annex I to Regulation (EC) No 794/2004 are amended in accordance with Annex III to this Regulation.
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 23 November 2009.
For the Commission
Neelie Kroes
Member of the Commission
This supplementary information sheet must be used for the notification of individual aid pursuant to Article 6(1)(g) of Commission Regulation (EC) No 800/2008(5) and covered by the Criteria for the compatibility analysis of training State aid cases subject to individual notification (thereinafter “Criteria for the compatibility analysis”)(6). 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.
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.
| yes | | no |
| yes | | no |
| yes | | no |
If yes, please answer the following questions:
Is the trainee not an active member of the crew but a supernumerary on board?
| yes | | no |
Shall the training be carried out on board of ships entered into Community registers?
| yes | | no |
Specific training(7):
| yes | | no |
General training(8):
| yes | | no |
A combination of general and specific training:
| yes | | no |
Training aid given to disabled or disadvantaged workers(9):
| yes | | no |
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
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.
| yes | | no |
If yes, the Commission considers that the aid does not present an incentive for the beneficiary.
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.
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.
trainers’ personnel costs
trainers’ and trainees’ travel expenses, including accommodation costs
other current expenses such as materials and supplies directly related to the project
depreciation of tools and equipment, to the extent that they are used exclusively for the training project
cost of guidance and counselling services with regard to the training project
indirect costs (administrative, rent, overheads), transport and tuition costs for participants) up to the amount of the total of the other eligible costs referred to above
trainees’ personnel costs(14).
| yes | | no |
Large enterprise | | yes | | no |
Medium-sized enterprise | | yes | | no |
Small enterprise | | yes | | no |
| yes | | no |
Large enterprise | | yes | | no |
Medium-sized enterprise | | yes | | no |
Small enterprise | | yes | | no |
market concentration ratio,
market share of the beneficiary,
market shares of the other companies present in these markets.
| yes | | no |
If yes, please describe the rules on cumulating aid applicable to the notified aid measure:
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”)(16). 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.
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.
| yes | | no |
| yes | | no |
Recruitment of disadvantaged workers(17):
| yes | | no |
Recruitment of severely disadvantaged workers(18):
| yes | | no |
Recruitment of disabled workers(19):
| yes | | no |
Equity objective of common interest(20)
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.
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.
| 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.
The employment commenced on:
The aid application by the beneficiary was submitted to the national authorities on:
Please provide the relevant supporting documents.
| yes | | no |
| yes | | no |
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.
gross wage, before tax
compulsory contributions, such as social security charges
child care and parent care costs.
market concentration ratio,
market share of the beneficiary,
market shares of the other companies present in these markets.
| yes | | no |
Commission Regulation (EC) No 800/2008 of 6 August 2008 declaring certain categories of aid compatible with the common market in application of Articles 87 and 88 of the Treaty (General block exemption Regulation) (OJ L 214, 9.8.2008, p. 3).
As defined in Article 38 of Regulation (EC) No 800/2008.
As defined in Article 38 of Regulation (EC) No 800/2008.
As defined in Article 2 of Regulation (EC) No 800/2008.
Cf. Criteria for the compatibility analysis, Section 2.1.
Cf. Criteria for the compatibility analysis, Section 2.2.
Cf. Criteria for the compatibility analysis, Section 2.3.
Cf. Criteria for the compatibility analysis, Section 2.4.
As regards the trainees’ personnel costs, only the hours during which the trainees actually participate in the training, after deduction of any productive hours, may be taken into account.
This section does not apply to measures of less than EUR 2 provided the question 10.3 in Part I of this Annex is duly completed.’
As defined in Article 2(18) of Regulation (EC) No 800/2008.
As defined in Article 2(19) of Regulation (EC) No 800/2008.
As defined in Article 2(20) of Regulation (EC) No 800/2008.
Cf. Criteria for the compatibility analysis, Section 2.1.
Cf. Criteria for the compatibility analysis, Section 2.2.
Cf. Criteria for the compatibility analysis, Section 2.3.
Cf. Criteria for the compatibility analysis, Section 2.4.
For employment of disadvantaged workers eligible costs shall be the wage costs over a maximum period of 12 months (or 24 moths for severely disadvantaged worker) following recruitment. For employment of disabled workers eligible costs shall be the wage costs over any given duration during which the disabled worker is being employed.
This section does not apply to measures of less than EUR 5 million for the employment of disadvantaged workers and of less than EUR 10 million for the employment of disabled workers provided the question 10.3 in Part I of this Annex is duly completed.
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