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Commission Implementing Regulation (EU) 2025/905of 12 May 2025amending Regulation (EC) No 794/2004 as regards an internal review mechanism to follow up on the findings of the Aarhus Convention Compliance Committee in case ACCC/C/2015/128 and other procedural updates(Text with EEA relevance)

32025R0905

Den Europæiske UnionForordning2025

European Union

§ Article 107

Article 107(3), point (c), of the Treaty provides that the Commission may declare compatible aid to facilitate the development of certain economic activities or of certain economic areas, where such aid does not adversely affect trading conditions to an extent contrary to the common interest. Therefore, compatible aid under that provision of the Treaty must contribute to the development of certain economic activity.

In order to assess the compliance with point (42) of the Guidelines, please provide information, which would allow the Commission to identify the economic activity(ies) that will be facilitated as a result of the aid and demonstrate how the aid facilitates the development of that activity(ies):

…

1.1.2.

Please describe whether and, if so, how the aid contributes to the achievement of the objectives of the CAP and within that policy to the objectives of Regulation (EU) 2021/2115 of the European Parliament and of the Council

Regulation (EU) 2021/2115 of the European Parliament and of the Council of 2 December 2021 establishing rules on support for strategic plans to be drawn up by Member States under the common agricultural policy (CAP Strategic Plans) and financed by the European Agricultural Guarantee Fund (EAGF) and by the European Agricultural Fund for Rural Development (EAFRD) and repealing Regulations (EU) No 1305/2013 and (EU) No 1307/2013 (OJ L 435, 6.12.2021, p. 1, ELI: http://data.europa.eu/eli/reg/2021/2115/oj ).

and describe more specifically the expected benefits of the aid:

…

Please note that this information is necessary for the Commission in order to assess the compliance of the aid with point (44) of the Guidelines.

1.1.3.

Is the aid granted in favour of risk and crisis management measures granted in compliance with Part II, Section 1.2. of the Guidelines?

☐yes ☐no

If the answer is yes, please specify the risk and crisis management measure(s) concerned:

…

Please note that pursuant to point (45) of the Guidelines, the Commission considers that aid in favour of risk and crisis management measures granted in compliance with Part II, Section 1.2. of the Guidelines can facilitate the development of the identified economic activity or area, as without aid such development may not take place to the same extent.

1.1.4.

Is the aid awarded for individually notifiable investment projects on the basis of a scheme?

☐yes ☐no

If the answer is yes, please demonstrate that the selected project will contribute towards the objectives of the scheme and thus towards the objectives of aid in the agricultural and forestry sectors and in rural areas. For that purpose, please refer to question 2.6. of this Information Sheet, in which requires the information on the positive effects of the aid for investment.

…

1.2.

Incentive effect

To provide the information in this section, please refer to section 3.1.2 (points 47 - 60) of the Guidelines.

State aid can only be found compatible with the internal market if it has an incentive effect. An incentive effect is present when the aid changes the behaviour of an undertaking in such a way that it engages in additional activity contributing to the development of the sector which it would not have engaged in without the aid or in which it would only have engaged in a restricted or different manner.

1.2.1.

In order to assess the compliance with point 47 of the Guidelines, please explain how the measure(s) induces the beneficiary’s undertaking to change its behaviour in such a way that it engages in additional economic activity contributing to the development of the sector, which the beneficiary would not carry out without the aid or would carry out in a restricted or different manner.

…

1.2.2.

Please confirm that the aid will not simply subsidise the costs of an activity that an undertaking would have incurred in any event and will not compensate for the normal business risk of an economic activity:

☐yes ☐no

Please note that pursuant to point (47) of the Guidelines, the aid must not subsidise the costs of an activity that an undertaking would have incurred in any event and must not compensate for the normal business risk of an economic activity.

1.2.3.

Please confirm that the notified State aid measure is not intended to simply improve the financial situation of undertakings, without any contribution to the development of the sector:

☐yes ☐no

Please note that pursuant to point (48) of the Guidelines, unless exceptions are expressly provided for in Union legislation or in the Guidelines, State aid measures which are simply intended to improve the financial situation of undertakings but which in no way contribute to the development of the sector, and in particular aid which is granted solely on the basis of price, quantity, unit of production or unit of the means of production are considered to constitute operating aid, which is incompatible with the internal market. Furthermore, by its very nature, such aid is also likely to interfere with the mechanisms regulating the organisation of the internal market.

1.2.4.

Is the aid granted under Part II, Sections 1.2 and 2.8.5 of the Guidelines limited to helping undertakings active in the agricultural and forestry sectors facing various difficulties despite having undertaken reasonable efforts to minimise such risks?

☐yes ☐no

Please note that pursuant to point (49) of the Guidelines, aid granted under Part II, Sections 1.2 and 2.8.5 should be limited to helping undertakings active in the agricultural and forestry sectors facing various difficulties despite having undertaken reasonable efforts to minimise such risks. State aid should not have as an effect to entice undertakings into taking unnecessary risk. Undertakings active in the agricultural and forestry sectors should themselves bear the consequences of imprudent choices of production methods or products.

1.2.5.

Will the beneficiary submit an application for the aid to the national authorities before any work on the project or activity has started?

☐yes ☐no

Please note that pursuant to point (50) of the Guidelines, the aid does not present an incentive for the beneficiary wherever work on the relevant project or activity has already started prior to the aid application by the beneficiary to the national authorities.

1.2.6.

Will the aid application include at least the applicant's name and the size of the undertaking, a description of the project or activity, including its location and start and end dates, the amount of aid needed to carry it out and the eligible costs?

☐yes ☐no

1.2.7.

Will the aid be granted to large enterprises?

☐yes ☐no

1.2.8.

If the answer to the previous question is yes, will the beneficiaries, which are large enterprises, explain in the aid application the situation without the aid (referred to as the counterfactual scenario or alternative project or activity) and submit documentary evidence in support of the counterfactual scenario described in the application?

☐yes ☐no

Please note that pursuant to point (52) of the Guidelines, this requirement does not apply to municipalities that are autonomous local authorities with an annual budget of less than EUR 10 million and fewer than 5000 inhabitants.

1.2.9.

Will the granting authority carry out a credibility check of the counterfactual scenario and confirm that the aid has the required incentive effect?

☐yes ☐no

Please note that pursuant to point (53) of the Guidelines, a counterfactual scenario is credible if it is genuine and relates to the decision-making factors prevalent at the time of the decision by the beneficiary regarding the project or activity concerned.

1.2.10.

If the aid is granted in the form of tax advantages, are the following conditions complied with?

(a) the aid scheme establishes a right to aid in accordance with objective criteria and without further exercise of discretion by the Member State; and

(b) the aid scheme has been adopted and in force before work on the aided project or activity has started

Please note that this requirement does not apply in the case of fiscal successor schemes provided the activity was already covered by the previous schemes in the form of tax advantages.

?

☐yes ☐no

Please note that pursuant to point (54) of the Guidelines, aid in the form of tax advantages is deemed to have an incentive effect if the above two conditions are fulfilled. Pursuant to point (54) of the Guidelines, the requirement referred to in point (b) of this question does not apply in the case of fiscal successor schemes provided the activity was already covered by the previous schemes in the form of tax advantages.

1.2.11.

Does the aid fall under one of the following aid categories of the Guidelines?

(a) ☐aid schemes for land consolidation in accordance with Part II, Section 1.3.6 and Section 2.9.2 of the Guidelines and aid schemes with ecological, protective and recreational objectives in accordance with Part II, Section 2.8 of the Guidelines and with the following conditions fulfilled:

(i) ☐the aid scheme establishes a right to aid in accordance with objective criteria and without further exercise of discretion by the Member State;

(ii) ☐the aid scheme has been adopted and is in force before eligible costs in accordance with Part II, Sections 1.3.6 and 2.9.2 and Section 2.8. of the Guidelines are incurred by the beneficiary; and

(iii) ☐the aid scheme only covers SMEs.

(b) ☐aid for area-specific disadvantages resulting from certain mandatory requirements in accordance with Part II, Section 1.1.6 of the Guidelines;

(c) ☐aid to areas facing natural or other area-specific constraints in accordance with Part II., Section 1.1.7 of the Guidelines;

(d) ☐aid for information actions in the agricultural sector in accordance with Part II, Section 1.1.10.1 of the Guidelines, which consists of making available the information to an undefined number of beneficiaries;

(e) ☐aid to make good the damage caused by natural disasters or exceptional occurrences in accordance with Part II, Section 1.2.1.1 of the Guidelines;

(f) ☐aid to compensate for the damage caused by adverse climatic events which can be assimilated to natural disaster in accordance with Part II, Section 1.2.1.2 of the Guidelines;

(g) ☐aid to compensate for the costs of the prevention, control and eradication of animal diseases, plant pests and infestation by invasive alien species and aid to make good the damage caused by animal diseases, plant pests and invasive alien species in accordance with Part II, Section 1.2.1.3 of the Guidelines;

(h) ☐aid to cover the costs of the removal and destruction of fallen stock in accordance with Part II, Section 1.2.1.4 of the Guidelines;

(i) ☐aid to compensate for the damage caused by protected animals in accordance with Part II, Section 1.2.1.5 of the Guidelines;

(j) ☐aid to make good the damage in forests caused by protected animals in accordance with Part II, Section 2.8.5 of the Guidelines;

(k) ☐aid for information actions in the forestry sector in accordance with Part II, Section 2.4 of the Guidelines, which consists of making available the information to an undefined number of beneficiaries;

(l) ☐aid for investments in favour of conservation of cultural and natural heritage on the agricultural holding in accordance with Part II, Section 1.1.1.2 of the Guidelines, with the exception of individual aid which exceeds EUR 500000 per undertaking per investment project;

(m) ☐aid for promotion measures in accordance with point (468)(b), (c) and (d) of the Guidelines;

(n) ☐aid to compensate for additional transport costs in accordance with points (480) and (481) of the Guidelines;

(o) ☐aid for research and development in the agricultural and forestry sectors in accordance with Part II, Sections 1.3.7 and 2.9.1. of the Guidelines;

(p) ☐aid for the restoration of damage to forests from fires, natural disasters, adverse climatic events, plant pests, animal diseases, catastrophic events and climate change related events in accordance with Part II, Section 2.1.3 of the Guidelines;

(q) ☐aid for the costs of treatment and preventing the spreading of pests, tree diseases and invasive alien species and aid to make good the damage caused by the pests, tree diseases and invasive alien species in accordance with Part II, Section 2.8.1 of the Guidelines;

Please note that pursuant to point (55) of the Guidelines, the above categories of aid are not required to have or are deemed to have an incentive effect. Thus, if the aid is granted for one of the above categories, points (50) to (53) of the Guidelines do not apply.

Additional conditions for individually notifiable investment aid

If the aid is granted for individual investment, please continue with questions 1.2.12. to 1.2.16. below.

1.2.12.

Please provide in the notification clear evidence that the aid effectively has an impact on the investment choice.

Please specify such impact:

…

Please note that pursuant to point (56) of the Guidelines, to allow a comprehensive assessment, the Member State must provide not only information concerning the aided project but also a comprehensive description of the counterfactual scenario, in which no aid is granted to the beneficiary by any public authority.

1.2.13.

Please provide a comprehensive description of the counterfactual scenario, in which no aid is granted to the beneficiary by any public authority:

…

Please note that pursuant to point (59) of the Guidelines, where no specific counterfactual scenario is known, the incentive effect can be assumed when there is a funding gap, that is to say when the investment costs exceed the net present value (NPV) of the expected operating profits of the investment on the basis of an ex ante business plan.

1.2.14.

Please specify which document(s) related to the investment project under assessment are submitted as part of the notification:

…

Please note that pursuant to point (57) of the Guidelines, the Member States are invited to draw on genuine and official board documents, risk assessments, including the assessment of location-specific risks, financial reports, internal business plans, expert opinions and other studies related to the investment project under assessment. Those documents need to be contemporary to the decision-making process concerning the investment or its location. Documents containing information on demand forecasts, cost forecasts, financial forecasts, documents that are submitted to an investment committee and that elaborate on various investment scenarios, or documents provided to the financial institutions could help the Member States to demonstrate the incentive effect.

1.2.15.

Please specify how will be the level of profitability evaluated:

…

Please note that pursuant to point (58) of the Guidelines, the level of profitability may be evaluated by using methods that are standard practice in the sector concerned and which may include methods to evaluate the net present value (NPV)

The NPV of a project is the difference between the positive and negative cash flows over the lifetime of the investment, discounted to their current value (typically using the cost of capital).

of the project, the internal rate of return (IRR)

The IRR is not based on accounting earnings in a given year, but takes into account the stream of future cash flows that the investor expects to receive over the entire lifetime of the investment. It is defined as the discount rate for which the NPV of a stream of cash flows equals zero.

or the average return on capital employed (ROCE). The profitability of the project is to be compared with normal rates of return applied by the beneficiary in other investment projects of a similar kind. Where these rates are not available, the profitability of the project is to be compared with the cost of capital of the undertaking as a whole or with the rates of return commonly observed in the sector concerned.

1.2.16.

Does the investment project present a funding gap, i.e. do the investment costs exceed the NPV of the expected operating profits of the investment on the basis of an ex ante business plan?

☐yes ☐no

If the answer is yes, please provide the details:

…

Please note that pursuant to point (59) of the Guidelines, when the investment project presents a funding gap, that is when the investment costs exceed the NPV of the expected operating profits of the investment on the basis of an ex ante business plan, the incentive effect can be assumed.

1.3.

No breach of relevant provisions and general principles of Union law

To provide the information in this section, please refer to section 3.1.3 (points 61 – 64) of the Guidelines.

1.3.1.

Please confirm that the State aid measure, the conditions attached to it, including its financing method when the financing method forms an integral part of the State aid measure, or the activity it finances does not entail a violation of relevant Union law:

☐yes ☐no

Please note that pursuant to point (61) of the Guidelines, if a State aid measure, the conditions attached to it, including its financing method when the financing method forms an integral part of the State aid measure, or the activity it finances entails a violation of relevant Union law, the aid cannot be declared compatible with the internal market.

In order to assess the compliance with point (61) of the Guidelines, please provide information demonstrating that the aid measure does not entail a violation of relevant Union law:

…

1.3.2.

Does the system of financing form an integral part of the aid measure?

☐yes ☐no

If the answer is yes, please specify the system of financing:

…

Please note that pursuant to point (26) of the Guidelines, when the system of financing, for example by parafiscal levies forms an integral part of the aid measure, it must be notified.

1.3.3.

Where the aid measure concerns agricultural products

Pursuant to Article 1 of Regulation (EU) No 1308/2013, agricultural products are the products listed in Annex I to the Treaties with the exception of the fishery and aquaculture products as defined in Union legislative acts on the common organisation of the markets in fishery and aquaculture products.

, is the aid compatible with the provisions governing the common organisation of the markets in agricultural products?

☐yes ☐no

Please note that in compliance with point (62) of the Guidelines, the Commission will not authorise State aid which is incompatible with the provisions governing the common organisation of the market or which would interfere with the proper functioning of the common organisation.

1.3.4.

Is the aid subject to the obligation for the beneficiary undertaking to use national products or services?

☐yes ☐no

If the answer is yes, please note that pursuant to point (63) of the Guidelines, the aid cannot be declared compatible with the internal market.

1.3.5.

Does the aid restrict the possibility for the beneficiary undertaking to exploit the research, development and innovation results in other Member States?

☐yes ☐no

If the answer is yes, please note that pursuant to point (63) of the Guidelines, the aid cannot be declared compatible with the internal market.

1.3.6.

Is the aid granted for export-related activities to third countries or to Member States, directly linked to the quantities exported, or is the aid contingent upon the use of domestic over imported goods, or is the aid granted for establishing and operating a distribution network or to cover any other expenditure linked to export activities?

☐yes ☐no

Please note that pursuant to point (64) of the Guidelines, the Commission will not authorise aid for export-related activities to third countries or to Member States which would be directly linked to the quantities exported, aid contingent upon the use of domestic over imported goods, or aid to establish and operate a distribution network or to cover any other expenditure linked to export activities. However, aid towards the cost of participating in trade fairs, or of studies or consultancy services needed for the launch of a new or existing product on a new market in principle does not constitute export aid.

  1. SECOND CONDITION: THE AID CANNOT UNDULY AFFECT TRADING CONDITIONS TO AN EXTENT CONTRARY TO THE COMMON INTEREST

Pursuant to Article 107(3), point (c), of the Treaty, aid to facilitate the development of certain economic activities or of certain economic areas can be declared compatible only where such aid does not adversely affect trading conditions to an extent contrary to the common interest.

By its very nature, any aid measure generates distortions of competition and has an effect on trade between Member States. However, in order to establish if the distortive effects of the aid are limited to the minimum, the Commission will verify whether the aid is necessary, appropriate, proportionate and transparent.

The Commission will then assess the distortive effect of aid in question on competition and trading conditions. The Commission will then balance the positive effects of the aid with its negative effects on competition and trade. Where the positive effects outweigh the negative effects, the Commission will declare the aid compatible.

2.1.

Need for State intervention

To provide the information in this section, please refer to section 3.2.1. (points 70 - 71) of the Guidelines.

2.1.1.

Pursuant to point 70 of the Guidelines, State aid must be targeted to situations where aid can bring about a material development that the market cannot deliver, for example by remedying a market failure to the aided activity or investment in question. State aid measures can indeed, under certain conditions, correct market failures thereby contributing to the efficient functioning of markets and enhancing competitiveness.

In order to assess the compliance with point (70) of the Guidelines, please provide all information demonstrating that the aid can bring about a material development that the market cannot deliver or that it can correct market failures thereby contributing to the efficient functioning of markets and enhancing competitiveness:

…

Please note that for the purposes of the Guidelines, the Commission considers that the market is not delivering the expected objectives without State intervention concerning the aid measures fulfilling the specific conditions laid down in Part I of the Guidelines. Therefore, such aid should be considered necessary.

2.2.

Appropriateness of the aid

To provide the information in this section, please refer to section 3.2.2. (points 72 - 82) of the Guidelines.

The proposed aid measure must be an appropriate policy instrument to address the concerned policy objective. The Member State must demonstrate that the aid and its design are appropriate to achieve the objective of the measure at which the aid is targeted.

Appropriateness among alternative policy instruments

2.2.1.

Does the aid fulfil the specific conditions laid down in the relevant Sections of Part II of the Guidelines?

☐yes ☐no

If the answer is yes, please specify the relevant Section:

…

Please note that pursuant to point (73) of the Guidelines, the Commission considers that aid granted in the agricultural and forestry sectors, which fulfils the specific conditions laid down in the relevant Sections of Part II of the Guidelines, is an appropriate policy instrument.

2.2.2.

Does the aid constitute a rural development-like aid measure financed exclusively from national funds, while at the same time the same intervention is provided for in the relevant the CAP Strategic Plan?

☐yes ☐no

If the answer is yes, please demonstrate the advantages of such a national aid instrument compared to the CAP Strategic Plan intervention at stake:

…

Appropriateness among different aid instruments

Pursuant to point (75) of the Guidelines, aid can be granted in various forms. The Member State should however ensure that the aid is granted in the form that is likely to generate the least distortions of trade and competition.

2.2.3.

Pursuant to point (82) of the Guidelines, the compatibility assessment of an aid measure with the internal market is without prejudice to the applicable public procurement rules and to the principles of transparency and openness and non-discrimination in the selection process of a service provider. In order to assess the compliance with point (75) of the Guidelines, please specify the form of the aid and demonstrate that this form is likely to generate the least distortions of trade and competition:

…

2.2.4.

If a specific form of aid is set out for a notified aid in an applicable Section of Part II of the Guidelines, does the form of aid correspond to that aid form?

☐yes ☐no

If the answer is yes, please specify the aid form concerned:

…

Please note that pursuant to point (76) of the Guidelines, where a specific form is set out for an aid measure as described in Part II of the Guidelines, such form is considered to be an appropriate aid instrument.

2.2.5.

Is the aid granted in the form provided for in a respective rural development intervention, co-financed by EAFRD or as an additional financing for such co-financed rural development interventions?

☐yes ☐no

If the answer is yes, please note that pursuant to point (78) of the Guidelines, aid granted in the form provided for in the respective rural development interventions, co-financed by EAFRD or granted as an additional financing for such co-financed rural development interventions, is an appropriate aid instrument.

2.2.6.

As regards investment aid, not included in the CAP strategic plan or as additional financing for such a rural development intervention, is the aid granted in forms that provide a direct pecuniary advantage (for example direct grants, exemptions or reductions in taxes, social security or other compulsory charges, etc.)?

☐yes ☐no

If the answer is yes, please demonstrate why other potentially less distortive forms of aid, such as repayable advances or forms of aid that are based on debt or equity instruments (for example, low-interest loans or interest rebates, State guarantees or an alternative provision of capital on favourable terms) are less appropriate:

…

2.2.7.

Is the aid granted for forestry measures referred to in Part II, Section 2.8 of the Guidelines?

☐yes ☐no

If the answer is yes, please demonstrate that the ecological, protective and recreational objectives aimed for cannot be achieved with the rural development like forestry measures referred to in Part II, Sections 2.1 to 2.7 of the Guidelines.

…

2.2.8.

Is the aid granted for any of the following categories of aid?

☐

aid towards the costs of market research activities, product conception and design and for the preparation of applications for the recognition of quality schemes;

☐

aid for knowledge exchange and information actions;

☐

aid for advisory services;

☐

aid for farm replacement services;

☐

aid for promotion measures;

☐

aid to compensate for the costs of the prevention and eradication of animal diseases, plant pest and invasive alien species;

☐

aid to the livestock sector.

2.2.9.

If the aid is granted for any of the categories specified in the previous question, please confirm that such aid is granted to the final aid beneficiaries by means of subsidised services:

☐yes ☐no

Please note that pursuant to point (81) of the Guidelines, the aid granted for any of the above categories must be granted to the final aid beneficiaries by means of subsidised services. In these cases the aid must be paid to the provider of the service or activity in question.

2.3.

Proportionality of the aid and cumulation

To provide the information in this section, please refer to section 3.2.3. (points 83 - 111) of the Guidelines.

In general, the aid is considered to be proportionate if the aid amount per beneficiary is limited to the minimum needed for carrying out the aided activity.

2.3.1.

Does the aid amount exceed the eligible costs?

☐yes ☐no

Please note that that pursuant to point (84) of the Guidelines, the aid is considered to be proportionate if it does not exceed the eligible costs.

2.3.2.

Does the aid fall under Part II., Sections 1.3.1.1. and 2.3 of the Guidelines, which expressly provide for environmental or other public incentives?

☐yes ☐no

If the answer is yes, please note that point (84) of the Guidelines does not apply.

2.3.3.

Will the maximum aid intensity and aid amount be calculated by the granting authority when granting the aid?

☐yes ☐no

2.3.4.

Will the eligible costs be supported by the clear, specific and contemporary documentary evidence?

☐yes ☐no

2.3.5.

When calculating the aid intensity and the eligible costs, will all figures be taken before any deduction of tax or other charge?

☐yes ☐no

2.3.6.

Is the value added tax (VAT) eligible for aid?

☐yes ☐no

2.3.7.

If the answer to the previous question is yes, is the VAT recoverable under national VAT legislation?

☐yes ☐no

Please note that pursuant to point (88) of the Guidelines, value added tax (VAT) is not eligible for aid, except where it is not recoverable under national VAT legislation.

2.3.8.

If the aid is granted in a form other than a grant, is the aid amount the gross grant equivalent of the aid?

☐yes ☐no

2.3.9.

Is the aid payable in several instalments?

☐yes ☐no

If the answer is yes, will the aid be discounted to its value at the moment of granting the aid?

☐yes ☐no

Please note that pursuant to point (90) of the Guidelines, the eligible costs must be discounted to their value at the moment of granting the aid. Furthermore, the interest rate to be used for discounting purposes is the discount rate applicable on the date of granting the aid.

2.3.10.

If the aid payable in the future, will it be discounted to its value at the moment it is granted?

☐yes ☐no

Please note that pursuant to point (91) of the Guidelines, aid payable in the future, including aid payable in several instalments, is discounted to its value at the moment it is granted.

2.3.11.

Is the aid granted by means of tax advantages?

☐yes ☐no

If the answer is yes, is the discounting of aid tranches executed on the basis of the discount rates applicable at the various times the tax advantage takes effect?

☐yes ☐no

2.3.12.

Is the aid amount for the measures or types of operations referred to in Part II, Sections 1.1.4, 1.1.5, 1.1.6, 1.1.7, 1.1.8, 2.1.1, 2.1.2, 2.1.4, 2.2 and 2.3 of the Guidelines fixed on the basis of standard assumptions of additional costs and income foregone?

☐yes ☐no

If the answer is yes, please confirm that the calculation and the corresponding aid:

(a) ☐contain only elements that are verifiable;

(b) ☐are based on figures established by appropriate expertise;

(c) ☐indicate clearly the source of the figures used;

(d) ☐are differentiated to take account of regional or local site conditions and actual land use, where applicable;

(e) ☐do not contain elements linked to investment costs.

Please note that the above conditions are cumulative and must be all fulfilled.

2.3.13.

Is the aid granted in one of the following simplified cost options?

(a) ☐unit costs;

(b) ☐lump sums;

(c) ☐flat-rate financing.

Please note that aid falling under Part II, Sections 1.2 and 2.8.5 of the Guidelines cannot be granted in the above simplified cost options.

2.3.14.

If the answer to the previous question is yes, please indicate the method of establishing the aid amount:

(a) ☐a fair, equitable and verifiable calculation method based on one or more of the following:

(i) ☐statistical data, other objective information or an expert judgement;

(ii) ☐verified historical data of individual beneficiaries;

(iii) ☐the application of usual cost accounting practices of individual beneficiaries;

(b) ☐in accordance with the rules for application of corresponding unit costs, lump sums and flat rates applicable in Union policies for a similar type of operation.

As part of the notification, please submit the relevant supporting documents.

2.3.15.

If the measure is co-financed, is the amounts of eligible costs calculated in accordance with the simplified cost options set out in Regulation (EU) 2021/1060

EUR-Lex - 32021R1060 - EN - EUR-Lex (europa.eu)

and Regulation (EU) 2021/2115?

☐yes ☐no

Please provide further details and submit the relevant supporting documentation:

…

2.3.16.

Is there an insurance linked to the measure for which the aid is granted?

☐yes ☐no

If the answer is yes, please provide further details:

…

Please note that pursuant to point (97) of the Guidelines, when assessing the compatibility of aid, the Commission will consider any insurance taken out, or which could have been taken out by the aid beneficiary. Regarding aid to compensate for losses caused by adverse climatic events, which can be assimilated to a natural disaster, in order to avoid the risk of distorting competition, aid at the maximum aid intensity should be granted only to an undertaking that cannot be covered for such losses by insurance.

Additional conditions for individually notifiable investment aid and investment aid to large enterprises under notified schemes

2.3.17.

In the case of individually notifiable investment aid, does the aid amount correspond to the net extra costs of implementing the investment in the area concerned, compared to the counterfactual scenario in the absence of aid?

☐yes ☐no

Please describe the counterfactual scenario:

…

Please note that pursuant to point (98) of the Guidelines, as a general rule, individually notifiable investment aid will be considered to be limited to the minimum if the aid amount corresponds to the net extra costs of implementing the investment in the area concerned, compared to the counterfactual scenario in the absence of aid

When comparing counterfactual scenarios, the aid is to be discounted by the same factor as the corresponding investment and counterfactual scenarios.

, with maximum aid intensities as a cap.

2.3.18.

Please provide the following information:

(a) the calculation of the investment's IRR with and without the aid:

…

(b) information on the relevant market benchmarks for the undertaking (e.g. normal rates of return required by a beneficiary to undertake similar projects, cost of capital of the company as a whole):

…

(c) explanation of why, on the basis of the above, the aid is the minimum necessary to render the project sufficiently profitable:

…

2.3.19.

Is the aid amount limited to the minimum necessary to render the project sufficiently profitable?

☐yes ☐no

Please note that pursuant to point (99) of the Guidelines, the aid amount should not exceed the minimum necessary to render the project sufficiently profitable. For example, the aid amount should not lead to an increase of its Internal Rate of Return (IRR) beyond the normal rates of return applied by the undertaking concerned in other investment projects of a similar kind or, if these rates are not available, to an increase of its IRR beyond the cost of capital of the undertaking as a whole or beyond the rates of return commonly observed in the sector concerned.

2.3.20.

Where the aid granted is granted for investments to large enterprises under notified schemes, is it ensured that the aid amount corresponds to the net extra costs of implementing the investment in the area concerned, compared to the counterfactual scenario in the absence of aid?

☐yes ☐no

Please note that pursuant to point (100) of the Guidelines, in order to ensure that the aid amount corresponds to the net extra costs of implementing the investment in the area concerned, compared to the counterfactual scenario in the absence of aid, the method set out in point (99) of the Guidelines must be used together with maximum aid intensities as a cap.

2.3.21.

Is the beneficiary a municipality that is autonomous local authority with an annual budget of less than EUR 10 million and fewer than 5000 inhabitants?

☐yes ☐no

If the answer is yes, please note that points (98) to (101) of the Guidelines do not apply.

Cumulation of aid

2.3.22.

Is the notified aid granted concurrently under several schemes or cumulated with ad hoc aid?

☐yes ☐no

2.3.23.

If the answer to the previous question is yes, is the total amount of State aid for an activity or project limited to the aid ceilings laid down in the Guidelines?

☐yes ☐no

2.3.24.

Does the notified aid have identifiable eligible costs?

☐yes ☐no

If the answer is yes, will this aid be cumulated with other State aid?

☐yes ☐no

If the answer is yes, will that aid be granted for different identifiable eligible costs?

☐yes ☐no

If the answer is no, please note that in accordance with point (104) of the Guidelines, the aid with identifiable eligible costs may be cumulated with any other State aid, in relation to the same eligible costs, partly or fully overlapping, only if such cumulation does not result in exceeding the highest aid intensity or aid amount applicable to this type of aid under the Guidelines.

2.3.25.

Is the aid granted under Part II, Section 1.1.2., which has no identifiable eligible costs, cumulated with another State aid measure with identifiable eligible costs?

☐yes ☐no

2.3.26.

Where aid granted for Part II, Section 1.1.2. has no identifiable eligible costs, is cumulated with another State aid measure without identifiable eligible costs, is such aid limited to the highest relevant total financing threshold fixed in the specific circumstances of each case by the Guidelines or other State aid guidelines, a block exemption regulation or a decision adopted by the Commission?

☐yes ☐no

Please specify the maximum threshold of the applicable aid instrument:

…

Please note that pursuant to point (105) of the Guidelines, aid without identifiable eligible costs under Part II, Section 1.1.2 may be cumulated with any other State aid measure with identifiable eligible costs. Aid without identifiable eligible costs may be cumulated with other State aid without identifiable eligible costs, up to the highest relevant total financing threshold fixed in the specific circumstances of each case by the Guidelines or other State aid guidelines, a block exemption regulation or a decision adopted by the Commission.

2.3.27.

Is aid in favour of the agricultural sector cumulated with payments referred to in Articles 145 and 146 of Regulation (EU) 2021/2115 in respect of the same eligible costs?

☐yes ☐no

If the answer is yes, will such cumulation respect an aid intensity or aid amount laid down in the Guidelines?

☐yes ☐no

2.3.28.

Is the aid granted under Part II, Sections 1.1.4, 1.1.5 and 1.1.8. of the Guidelines cumulated with payments referred to in Article 31 of Regulation (EU) 2021/2115 in respect of the same eligible costs?

☐yes ☐no

If the answer is yes, will such cumulation respect an aid intensity or aid amount laid down in the Guidelines?

2.3.29.

Is the aid combined with Union funds centrally managed by the institutions, agencies, joint undertakings or other bodies of the Union that are not directly or indirectly under the control of the Member State?

☐yes ☐no

Please note that pursuant to point (108) of the Guidelines, if the Union funds are not directly or indirectly under the control of the Member State, only the State aid will be considered for determining whether notification thresholds and maximum aid intensities and ceilings are respected, provided that the total amount of public funding granted in relation to the same eligible costs does not exceed the most favourable funding rate(s) laid down in the applicable rules of Union law. Please confirm that this is the case:

☐yes ☐no

Please provide information on the applicable Union law, referred to in point (108) of the Guidelines:

…

2.3.30.

Where the aid authorised under the Guidelines is cumulated with de minimis aid in respect of the same eligible costs, does such cumulation respect an aid intensity or aid amount fixed in the Guidelines?

☐yes ☐no

2.3.31.

Where the aid is granted for investments aimed at the restoration of agricultural production potential as referred to in point (152)(d) of the Guidelines, is such aid cumulated with aid for the compensation of material damage referred to in Part II, Sections 1.2.1.1, 1.2.1.2 and 1.2.1.3. of the Guidelines?

☐yes ☐no

Please note that pursuant to point (110) of the Guidelines, aid for investments aimed at the restoration of agricultural production potential as referred to in point 152 (d) of the Guidelines should not be cumulated with aid for the compensation of material damage referred to in Part II, Sections 1.2.1.1, 1.2.1.2 and 1.2.1.3.

2.3.32.

Where the aid is granted as a start-up aid for producer groups and organisations in the agricultural sector as referred to in Part II, Section 1.1.3 of the Guidelines, is such aid cumulated with the corresponding support for producers groups and organisations in the agricultural sector as referred to in Article 77 of Regulation (EU) 2021/2115?

☐yes ☐no

Please note that pursuant to point (111) of the Guidelines, start-up aid for producer groups and organisations in the agricultural sector as referred to in Part II, Section 1.1.3 should not be cumulated with the corresponding support for producers groups and organisations in the agricultural sector as referred to in Article 77 of Regulation (EU) 2021/2115.

2.3.33.

Where the aid granted as a start-up aid for young farmers, start-up aid for the development of small farms and start-up aid for agricultural activities as referred to in Part II, Section 1.1.2 of the Guidelines is cumulated with the corresponding support as referred to in Article 75 of Regulation (EU) 2021/2115 does such cumulation respect an aid amount laid down in the Guidelines?

☐yes ☐no

Please note that pursuant to point (111) of the Guidelines, start-up aid for young farmers, start-up aid for the development of small farms and start-up aid for agricultural activities as referred to in Part II, Section 1.1.2 should not be cumulated with the corresponding support as referred to in Article 75 of Regulation (EU) 2021/2115 if such cumulation would result in an aid amount exceeding those laid down in the Guidelines.

2.4.

Transparency

To provide the information in this section, please refer to section 3.2.4. (points 112 - 115) of the Guidelines.

2.4.1.

Will the Member State ensure the publication of the following information in the European Commission’s transparency award module or on a comprehensive State aid website at national or regional level?

☐

the full text of the aid scheme and its implementing provisions or legal basis for individual aid, or a link to it;

☐

the identity of the granting authority/(ies);

☐

the identity of the individual beneficiaries, the form and amount of aid granted to each beneficiary, the date of granting, the type of undertaking (SME/ large enterprise), the region in which the beneficiary is located (at NUTS level II) and the principal economic sector in which the beneficiary has its activities (at NACE group level). Such a requirement can be waived with respect of individual aid awards not exceeding the following thresholds:

i.

EUR 10000 for beneficiaries in the primary agricultural production;

ii.

EUR 100000 for beneficiaries in the sectors of the processing of agricultural products, the marketing of agricultural products, the forestry sector or activities falling outside the scope of Article 42 of the Treaty.

2.4.2.

Please confirm as regards the aid schemes in the form of tax advantages, the information on individual aid amount is provided in the following ranges (in EUR million):

☐

0,01 to 0,1 only for primary agricultural production;

☐

0,1 to 0,5;

☐

0,5 to 1;

☐

1 to 2;

☐

2 to 5;

☐

5 to 10;

☐

10 to 30;

☐

30 and more.

2.4.3.

Please specify whether the information laid down in point (112) of the Guidelines will be published:

(a) ☐in the European Commission’s transparency award module

State Aid Transparency Public Search, available at the following website: https://webgate.ec.europa.eu/competition/transparency/public?lang=en.

;

(b) ☐on a comprehensive national or regional State aid website.

2.4.4.

Please confirm that such information:

☐

will be published after the decision to grant the aid has been taken;

☐

will be kept for at least 10 years;

☐

will be available for the general public without restrictions

This information must be published within six months from the date of granting the aid (or, for aid in the form of tax advantage, within one year from the date of the tax declaration). In the case of unlawful aid, Member States will be required to ensure the publication of this information ex post, at least within a period of six months from the date of the Commission decision. The information must be available in a format which allows data to be searched, extracted, and easily published on the internet, for instance in CSV or XML format.

.

2.4.5.

Please provide the link of the comprehensive State aid website where the information mentioned in this section will be published:

…

2.4.6.

Please confirm that reporting and revision as required in Part III, Section 3 will be carried out:

☐yes ☐no

Please note that pursuant to point (115) of the Guidelines, for reasons of transparency Member States must carry out reporting and revision as required in Part III, Section 3.

2.5.

Avoidance of adverse negative effects on competition and trade

To provide the information in this section, please refer to section 3.2.5 (points 116- 133) of the Guidelines.

Aid for the agricultural and forestry sectors and for rural areas may potentially cause product market distortions. For the aid to be compatible, the negative effects of the aid measure in terms of distortions of competition and impact on trade between Member States must be minimised.

Pursuant to point (117) of the Guidelines, the Commission will identify the market(s) affected by the aid, taking into account the information provided by the Member State on the product market(s) concerned, that, is to say the market(s) affected by the change in behaviour of the aid beneficiary.

2.5.1.

In compliance with point (117) of the Guidelines, please provide information on the product market affected by the aid:

…

2.5.2.

Is the aid well targeted, proportionate and limited to the net extra costs?

☐yes ☐no

Pursuant to point (118) of the Guidelines, if the aid is well targeted, proportionate and limited to the net extra costs, the negative impact of the aid is softened and the risk that the aid will adversely distort competition will be more limited. In order to provide this information, please refer to Section 2.1.1 of this Information sheet.

2.5.3.

Is the maximum aid intensity or aid amount, as set out in a specific Section of the Guidelines, respected?

☐yes ☐no

Please specify the maximum aid intensity or aid amount:

…

The Commission considers that if the maximum aid intensity or aid amount is respected, the negative impact of the aid is softened and the risk that the aid will adversely distort competition is more limited.

Investment aid schemes for the processing of agricultural products and the marketing of agricultural products and in the forestry sector

2.5.4.

Please describe the product market(s) concerned, i.e. the market(s) affected by the change in behaviour of the aid beneficiary.

…

Please note that in assessing the negative effects of the aid measure, the Commission will focus its analysis of the distortions of competition on the predictable impact the aid in the agricultural and forestry sectors and in rural areas on competition between undertakings in the product market(s) affected

A number of markets may be affected by the aid, because the impact of the aid may not be restricted to the market corresponding to the activity that is supported but may extend to other markets, which are connected to that market either because they are upstream, downstream or complementary, or because the beneficiary is already present on them or may be so present in the near future.

.

2.5.5.

For investment aid schemes for the processing and/or the marketing of agricultural product and in the forestry sector, please demonstrate that any negative effects will be limited to the minimum taking into account, for example, the size of the projects concerned, the individual and cumulative aid amounts, the expected beneficiaries as well as the characteristics of the targeted sectors.

…

2.5.6.

Regarding investment aid schemes for the processing and/or marketing of agricultural products and in the forestry sector, the Member States are encouraged to submit an impact assessment at their disposal as well as ex-post evaluations carried out for similar schemes in order to enable the Commission to assess the likely negative effects of the aid scheme.

Is an impact assessment submitted together with the notification?

☐yes ☐no

Is an ex-post evaluation submitted together with the notification?

☐yes ☐no

Individually notifiable investment aid for the processing of agricultural products and the marketing of agricultural products and in the forestry sector

Pursuant to point (123) of the Guidelines, in appraising the negative effects of individual investment aid, the Commission places particular emphasis on the negative effects linked with the build-up of overcapacity in declining markets, the prevention of exit, and the notion of substantial market power. These negative effects must be counterbalanced with the positive effects of the aid.

2.5.7.

In order to allow the Commission to identify and assess the potential distortions of competition and trade, please provide evidence permitting the Commission to identify the product markets concerned (that is to say, products affected by the change in the behaviour of the aid beneficiary) and to identify the competitors and customers/consumers affected:

…

Pursuant to point (124) of the Guidelines, the product concerned is typically the product covered by the investment project

For investment projects that involve the production of several different products, each product must be assessed.

. When the project concerns an intermediate product and a significant part of the output is not sold on the market, the product concerned may be the downstream product. The relevant product market includes the product concerned and its substitutes considered to be such, either by the consumer (because of the product’s characteristics, prices, or intended use) or by the producer (because of flexibility of production installations).

A relevant product market includes the product concerned and its demand side substitutes, i.e. products considered to be such by the consumer (by reason of the product’s characteristics, prices and intended use) and its supply side substitutes, i.e. products considered as such by producers (through flexibility of the production installations of the beneficiary and its competitors). Please indicate what you regard as the relevant demand and supply side substitutes in this case. Please provide evidence, from an independent third party, if possible, to support your conclusions on this point.

…

2.5.8.

As a result of the aid, will an additional production capacity be created by the project?

☐yes ☐no

If the answer is yes, please provide an estimate of the additional production capacity created (in volume and value terms):

…

2.5.9.

Please provide information on the performance of the products market affected by the aid, i.e. whether it is growing or underperforming:

…

2.5.10.

If the product market affected by the aid is underperforming, please specify whether, in a long-term outlook, the market is structurally in decline (i.e. it is contracting) or in relative decline (i.e. it is still growing, but does not exceed a benchmark growth rate):

…

2.5.11.

In case the geographic market is global, in order to assess the performance of the product market affected by the aid, please provide information on the effect of the aid on the market structures concerned, in particular, its potential to crowd out producers in the EEA:

…

2.5.12.

Please provide information, and supporting evidence, on the relevant geographical market of the beneficiary.

…

2.5.13.

Please specify all the product(s) that will be produced upon the completion of the investment and indicate, where appropriate, the NACE code or CPA nomenclature:

…

2.5.14.

Please indicate whether the product(s) envisaged by the project will replace any other products produced by the beneficiary (at group level):

☐yes ☐no

If the answer is yes, please specify the product(s) which will be replaced. If these replaced products are not produced at the location of the project, indicate where they are currently produced. Please provide a description of the link between the replaced production and the current investment and give a time schedule for the replacement:

…

2.5.15.

Please indicate what other product(s) can be produced with the same new facilities (through flexibility of the production installation of the beneficiary) at little or no additional cost:

…

2.5.16.

Please explain whether the project concerns an intermediate product and whether a significant part of the output is sold otherwise than on the market (under market conditions). Based on the above explanation, for the purpose of calculating the market share and capacity increase in the remainder of the section, please indicate whether the product concerned is the product envisaged by the project or whether it is a downstream product.

…

2.5.17.

In order to assess the market power of the beneficiary, please provide the following information on his/her market position (over a period of time before receiving the aid and the expected market position after finalising the investment):

(a) an estimate of all sales (in value and volume terms) of the aid recipient in the relevant market (at group level):

…

(b) an estimate of the overall sales of all producers in the relevant market (in volume and value terms). If available, include statistics prepared by public and/or independent sources:

…

2.5.18.

Please provide information on the market shares of the beneficiary, as well as of the market shares of its competitors:

…

2.5.19.

Please provide an assessment of the structure of the relevant market including, for example, the level of concentration in the market, possible barriers to entry, buyer power and barriers to expansion or exit. Please provide evidence, from an independent third party if possible, to support your conclusions on this point.

…

2.6.

Weighting up the positive and negative effects of the aid (balancing test)

To provide the information in this section, please refer to section 3.2.6 (points 134 – 141) of the Guidelines.

The Commission assesses whether the positive effects of the aid measure outweigh the identified negative effects on competition and trading conditions. The Commission may conclude on the compatibility of the aid measure with the internal market only where the positive effects outweigh the negative ones. In cases where the proposed aid measure does not address a well-identified market failure in an appropriate and proportionate way, the negative distortive effects on competition will tend to outweigh the positive effects of the measure; hence the Commission is likely to conclude that the proposed aid measure is incompatible.

2.6.1.

Please specify the impact of the aid on the achievement of the general and specific objectives of the CAP set out in Articles 5 and 6 of Regulation (EU) 2021/2115:

…

Please specify to which of the objectives of Articles 5 and 6 of Regulation (EU) 2021/2115 the aid will contribute:

…

Please note that pursuant to point (136) of the Guidelines as part of the assessment of the positive and negative effects of the aid, the Commission will take into account the impact of the aid on the achievement of the general and specific objectives of the CAP set out in Articles 5 and 6 of Regulation (EU) 2021/2115, that aim to foster a smart, competitive, resilient and diversified agricultural sector, support and strengthen environmental protection, including biodiversity, and climate action and to contribute to achieving the environmental and climate-related objectives of the Union and to strengthen the socio-economic fabric of rural areas.

2.6.2.

Does the aid fulfil the conditions laid down in the applicable Sections of Part II of the Guidelines and does it respect the relevant maximum aid intensities or the aid amounts set out therein?

☐yes ☐no

Please refer to the applicable Section of Part II of the Guidelines:

…

Please note that pursuant to point (137) of the Guidelines, the Commission considers that where an aid fulfils the conditions, and does not exceed the relevant maximum aid intensities or maximum aid amounts, laid down in the applicable Sections of Part II, the negative effect on competition and trade is limited to the minimum.

2.6.3.

Is the aid co-financed under Regulation (EU) 2021/2115 or financed by the Union?

☐yes ☐no

Please note that pursuant to point (138) of the Guidelines, with respect to State aid which is co-financed under Regulation (EU) 2021/2115, or financed by the Union, the Commission will consider that the related positive effects have been established.

2.6.4.

Is the aided activity expected to have any environmental and/or climate impact?

☐yes ☐no

If the answer is yes, please describe the expected impact, taking into account environmental protection legislation listed in Point (139) of the Guidelines and the standards of good agricultural and environmental condition (GAEC) under Regulation (EU) 2021/2115:

…

Please note that pursuant to point (139) of the Guidelines, where it is demonstrated that aid has positive environmental and climate impact, the Commission will consider that the positive effects of such aid have been established.

2.6.5.

Does the aid takes into account the polluter pays principle?

☐yes ☐no

Please provide sufficient information to demonstrate that this principle is taken into account:

…

Please note that Article 11 of the Treaty provides that ‘environmental protection requirements must be integrated into the definition and implementation of the Union’s policies and activities, in particular with a view to promoting sustainable development.

2.6.6.

Does the aid bring about other positive effect?

☐yes ☐no

If the answer is yes, please indicate which Union policy it reflects:

☐

European Green Deal (COM/2019/640 final)

☐

Farm to Fork Strategy (COM/2020/381final)

☐

EU Strategy on adaptation to climate change (COM/2013/0216 final and COM/2021/82 final)

☐

Communication on Restoring Sustainable Carbon Cycles (COM/(2021)800 final)

☐

Forest Strategy (COM/2021/572 final)

☐

Biodiversity Strategy (COM/2020/380 final)

☐

Other (please specify):

…

Please provide further details on the positive effect of aid and explain how is the aid aligned with a Union policy(ies) indicated:

…

Please note that pursuant to point (140) of the Guidelines, where the positive effects of the aid reflect those embodied in Union policies, then aid aligned with such Union policies can be presumed to have wider positive effect.

2.6.7.

Is the aid granted in favour of investments?

☐yes ☐no

If the answer is yes, please provide information under Article 3 of Regulation (EU) 2020/852

EUR-Lex - 32020R0852 - EN - EUR-Lex (europa.eu).

, including as regards the Do no significant harm principle, or other comparable methodologies.

…

2.7.

Other information

Aid for Northern Ireland

2.7.1.

Is the aid to be granted in Northern Ireland?

☐yes ☐no

If the answer is yes, please note that pursuant to point (28) of the Guidelines, for aid to be granted in Northern Ireland, where a measure requires compliance with conditions laid down in Regulation (EU) 2021/2115, equivalent information must be provided in the notification to the Commission pursuant to Article 108(3) of the Treaty.

In addition to this General Information Sheet, for all measures covered by the Guidelines please complete the relevant Supplementary Information Sheet.

Aid in favour of undertakings in difficulty

Pursuant to point (23) of the Guidelines, the Commission considers that when an undertaking is in financial difficulty, given that its very existence is in danger, it cannot be considered an appropriate vehicle for promoting other public policy objectives until such time as its viability is assured. Therefore, where the beneficiary of the aid is undertaking in difficulty as defined in point (33) (63) of the Guidelines, the aid will be assessed in accordance with the Guidelines on State aid for rescuing and restructuring firms in difficulty.

However, point (23) of the Guidelines provides certain exceptions from the principle of not providing State aid to undertakings in financial difficulties.

2.7.2.

Is the aid granted to compensate for damage caused by natural disasters and exceptional occurrences referred to in Part II, Sections 1.2.1.1 and 2.1.3. of the Guidelines?

☐yes ☐no

If the answer is yes, please note that pursuant to point (23) of the Guidelines, the principle of not providing State aid to undertakings in financial difficulties does not apply, provided that the aid is compatible with the internal market under Article 107(2), point (b), of the Treaty.

2.7.3.

Is the aid granted to compensate for the damage caused by a risk event referred to in Part II, Sections 1.2.1.2., 1.2.1.3., 1.2.1.5., 2.1.3., 2.8.1. or 2.8.5. of the Guidelines?

☐yes ☐no

If the answer is yes, please note that pursuant to point (23) of the Guidelines, the principle of not providing State aid to undertakings in financial difficulties does not apply to aid to compensate for the losses or damage, provided that such losses or damage were caused by the risk events referred to in Part II, Sections 1.2.1.2, 1.2.1.3, 1.2.1.5, 2.1.3, 2.8.1 or 2.8.5. of the Guidelines.

2.7.4.

Is the aid granted for any of the following aid categories?

☐

aid for the destruction and removal of fallen stock, as set out in Part II, Section 1.2.1.4. of the Guidelines;

☐

aid for prevention, control and eradication measures in the case of animal diseases and plant pest referred to in points (370) and (371) of Part II, Section 1.2.1.3. of the Guidelines.

If the answer is yes, please note that pursuant to point (23) of the Guidelines, for reasons of protection of public health and due to the emergency related to these types of aid, the economic situation of an undertaking should not be taken into consideration. Therefore, the principle of not providing State aid to undertakings in financial difficulties does not apply to such aid.

2.7.5.

Is the aid granted for any of the following aid categories?

☐

information actions referred to in Part II, Sections 1.1.10.1. and 2.4. of the Guidelines;

☐

promotion measures which are generic in character, as set out in Part II, Section 1.3.4. of the Guidelines.

If the answer is yes, please note that pursuant to point (23) of the Guidelines, the principle of not providing State aid to undertakings in financial difficulties does not apply.

Aid granted to an undertaking which is subject to an outstanding recovery order

2.7.6.

Is the aid granted to an undertaking, which is subject to an outstanding recovery order following a previous Commission decision declaring an aid illegal and incompatible with the internal market?

☐yes ☐no

If the answer is yes, please note that such aid cannot be declared compatible with the internal market, unless one of the two exceptions set out below apply.

2.7.7.

Is the aid granted to make good the damage caused by natural disasters and exceptional occurrences under Article 107(2), point (b), of the Treaty?

☐yes ☐no

If the answer is yes, please note that point (25) of the Guidelines does not apply.

2.7.8.

Is the aid granted for the costs of prevention, control and eradication of animal diseases referred to in points (370) and (371) in Part II, Section 1.2.1.3. of the Guidelines?

☐yes ☐no

If the answer is yes, please note that point (25) of the Guidelines does not apply.

Evaluation of aid schemes

2.7.9.

Please indicate whether the aid scheme fulfils any of the following:

(a) ☐the budget of the scheme or accounted expenditure exceeds EUR 150 million in any given year or EUR 750 million over the total duration, that is to say, the combined duration of the scheme and any predecessor scheme covering a similar objective and geographical area;

(b) ☐the scheme contains novel characteristics;

(c) ☐the scheme concerns significant market, or technology or regulatory changes are foreseen.

If any of the above elements is concerned, please provide the details:

…

Please note that pursuant to point (640) of the Guidelines, ex post evaluation may be required for schemes with large aid budgets, or containing novel characteristics, or when significant market, technology or regulatory changes are foreseen. In any case, evaluation will be required for schemes with a State aid budget or accounted expenditure over EUR 150 million in any given year or EUR 750 million over their total duration, that is to say, the combined duration of the scheme and any predecessor scheme covering a similar objective and geographical area, starting from 1 January 2023. Given the objectives of the evaluation, and to avoid putting a disproportionate burden on Member States, ex post evaluations are only required for aid schemes the total duration of which exceeds three years, starting from 1 January 2023.

Please confirm that if required, the Member State will conduct the ex post evaluation in compliance with points (642) to (646) of the Guidelines:

☐yes ☐no

Any other information

Please provide any other information which you deem important/necessary for the due assessment of the notified aid measure:

…

1.1.1.1.

SUPPLEMENTARY INFORMATION SHEET ON AID FOR INVESTMENTS IN AGRICULTURAL HOLDINGS LINKED TO PRIMARY AGRICULTURAL PRODUCTION

This information sheet relates to State aid for investments in tangible and intangible assets on agricultural holdings linked to primary agricultural production as described in Part II., Section 1.1.1.1 of the Guidelines for State aid in the agricultural and forestry sectors and in rural areas ('the Guidelines').

In addition to this form, please fill in the General Information Sheet for the notification of State aid in the agriculture and forestry sectors and in rural areas, demonstrating the general eligibility conditions for State aid.

  1. Do the investments at which the aid is aimed, respect prohibitions and restrictions laid down in Regulation (EU) No 1308/2013

EUR-Lex - 32013R1308 - EN - EUR-Lex (europa.eu)

, including where such prohibitions and restrictions only refer to the Union support provided for in that Regulation?

☐yes ☐no

  1. Is the aid granted for investments in tangible assets and intangible assets carried out by one or more beneficiaries or concerning a tangible asset or intangible asset used by one or more beneficiaries on agricultural holdings linked to the primary agricultural production?

☐yes ☐no

  1. Is the aid granted in favour of investment in tangible assets and intangible assets linked to the production of biofuels or to the production of energy from renewable sources on holdings?

☐yes ☐no

If the answer is yes, please reply to questions 3.1. to 3.15:

3.1.

Is the investment made for the production of biofuels as defined in Article 2, point (33), of Directive (EU) 2018/2001

EUR-Lex - 32018L2001 - EN - EUR-Lex (europa.eu)

?

☐yes ☐no

3.2.

If the answer to question 3.1. is yes, are renewable energy production facilities eligible for aid only if their production capacity is no more than equivalent to the annual average fuel consumption of the agricultural holding?

☐yes ☐no

3.3.

Is the produced biofuel sold on the market ?

☐yes ☐no

3.4.

Is the investment made for the production of thermal energy and/or electricity from renewable sources on agricultural holdings?

☐yes ☐no

3.5.

If the answer to question 3.4. is yes:

(a) is the aim of the renewable energy production facilities on the agricultural holding eligible for aid only to serve their own energy needs?

☐yes ☐no

(b) is the production capacity of the renewable energy production facilities eligible for aid no more than equivalent to the combined average annual energy consumption of thermal energy and electricity on the agricultural holding, including the farm household?

☐yes ☐no

3.6.

Is the electricity produced sold into the grid?

☐yes ☐no

3.7.

If the answer to question 3.6 of this Information Sheet is yes, will the annual average self-consumption limit be respected?

☐yes ☐no

Please note that pursuant to point (146)(b) of the Guidelines, where the investment is made for the production of thermal energy and/or electricity from renewable sources on agricultural holdings, the renewable energy production facilities are eligible for aid only if the aim is to serve their own energy needs and their annual production capacity is no more than equivalent to the combined average annual energy consumption of thermal energy and electricity on the agricultural holding, including the farm household; regarding electricity, the selling of electricity is allowed into the grid as far as the annual average self-consumption limit is respected.

3.8.

Where more than one agricultural holding carry out the investment for the production of energy from renewable sources with the aim to serve their own energy needs or for the production of biofuels on holdings, is the annual average consumption equivalent to the sum of the annual average consumption of all beneficiaries?

☐yes ☐no

3.9.

Are there any minimum standards at national level for energy efficiency for investments in renewable energy infrastructure that consume or produce energy?

☐yes ☐no

If the answer is yes, please describe the relevant national minimum standards:

…

3.10.

If the answer to question 3.9. is yes, is there a requirement at national level that the minimum standards referred to in that question must be complied with?

☐yes ☐no

3.11.

Is the aid granted in favour of investments in installations, the primary purpose of which is electricity production from biomass?

☐yes ☐no

3.12.

If the answer to question 3.11. is yes, do the installations utilise a minimum percentage of the heat energy produced, as determined by the Member State?

☐yes ☐no

3.13.

Are there thresholds established at the level of the Member State for the maximum proportion of cereals and other starch rich crops, sugar and oil crops used for bioenergy production, including biofuels, for different types of installations in accordance with Article 26 of Directive (EU) 2018/2001?

☐yes ☐no

Please specify these thresholds:

…

Please note that pursuant to point (150) of the Guidelines, Member States must establish thresholds for the maximum proportions of cereals and other starch rich crops, sugar and oil crops used for bioenergy production, including biofuels, for different types of installations in accordance with Article 26 of Directive (EU) 2018/2001.

3.14.

Is the aid to bioenergy projects limited to bioenergy meeting the applicable sustainability and greenhouse gas emissions saving criteria laid down in Union legislation including Article 29 of Directive (EU) 2018/2001?

☐yes ☐no

Please note that pursuant to point (150) of the Guidelines, aid to bioenergy projects must be limited to bioenergy meeting the applicable sustainability and greenhouse gas emissions saving criteria laid down in Union legislation including Article 29 of Directive (EU) 2018/2001.

3.15.

Does the production capacity of the installation exceed the average annual consumption of the beneficiary(ies)?

☐yes ☐no

If the answer is yes, please note that Member States must comply with the conditions laid down in the Guidelines on State aid for climate, environmental protection and energy 2022

EUR-Lex - 52022XC0218(03) - EN - EUR-Lex (europa.eu)

unless such aid is exempt from notification obligation (e.g. through Commission Regulation (EU) No 651/2014

EUR-Lex - 02014R0651-20170710 - EN - EUR-Lex (europa.eu)

).

  1. Please indicate the objective(s) pursued by the investment:

(a) ☐improvement of the overall performance and sustainability of the agricultural holding, in particular through a reduction in production costs or the improvement and re-deployment of production;

(b) ☐improvement of the natural environment, hygiene or animal welfare standards;

(c) ☐creation and improvement of infrastructure related to the development, adaptation and modernisation of agriculture, including access to farm land, land consolidation and land improvement, the supply of sustainable energy, energy efficiency, supply and saving of water;

(d) ☐restoration of agricultural production potential damaged by natural disasters, exceptional occurrences or adverse climatic events which can be assimilated to a natural disaster, animal diseases and plant pests, protected animals and the prevention and risk mitigation of damage caused by those before-mentioned events and factors.

(e) ☐contribution to climate change mitigation and adaptation, including by reducing greenhouse gas emissions and enhancing carbon sequestration, as well as promoting sustainable energy and energy efficiency;

(f) ☐contribution to sustainable circular bioeconomy and fostering sustainable development and efficient management of natural resources such as water, soil and air, including by reducing chemical dependency;

(g) ☐contribution to halting and reversing biodiversity loss, enhancing ecosystem services and preserving habitats and landscape;

Please note that pursuant to point (152) of the Guidelines, the investment must pursue at least one of the above objectives.

  1. Please indicate the eligible costs:

(a) ☐the construction, acquisition, including leasing, or improvement of immoveable property, including investments in passive in-house wiring or structured cabling for data networks and, if necessary the ancillary part of the passive network on the private property outside the building;

If the aid is granted in favour of the costs of land purchase, is land purchased only eligible for aid to an extent not exceeding 10% of the total eligible costs of the operation concerned?

☐yes ☐no

If the answer is no, does the operation concern:

☐

environmental conservation and carbon-rich soil preservation?

☐

land purchased by young farmers through the use of financial instruments?

Please note that only in those two cases a higher percentage than the above-mentioned 10% of the total eligible costs of the operation concerned may be permitted exceptionally and in duly justified circumstances.

If that is the case, please provide information concerning the exceptional and duly justified circumstances so that the Commission may assess the case in question.

…

(b) ☐the purchase or lease purchase of machinery and equipment up to the market value of the assets;

(c) ☐the general costs linked to the expenditure referred to in points (a) and (b), such as architect, engineer and consultation fees, fees relating to advice on environmental and economic sustainability, including feasibility studies; feasibility studies remain eligible costs even where based on their results, no expenditure referred to in points (a) and (b) is incurred;

(d) ☐the acquisition or development or usage fees of computer software, cloud and similar solutions and the acquisition of patents, licenses, copyrights and trademarks;

(e) ☐the expenses for non-productive investments linked to the objectives referred to in point (152)(e), (f) and (g) of the Guidelines;

(f) ☐in the case of investment aimed at the restoration of agricultural production potential damaged by natural disasters, exceptional occurrences or adverse climatic events which can be assimilated to a natural disaster, animal diseases or plant pests and protected animals: the costs incurred for restoring the production potential, including capitalised work, up to the level as it was at before the occurrence of those events;

Please note that pursuant to point (153)(f) of the Guidelines, where appropriate, the beneficiaries should endeavor to include in the restoration, adaptation measures to climate change.

(g) ☐in the case of investments aimed at the prevention of damage caused by natural disasters, exceptional occurrences, adverse climatic events which can be assimilated to a natural disaster, animal diseases and plant pests and by protected animals: the costs of specific prevention actions aiming at reducing the consequences of such probable events;

Please note that pursuant to point (153)(g) of the Guidelines, in case of damage by adverse climatic events which can be assimilated to a natural disaster or by plant pests, beneficiaries should, where appropriate, endeavour to include in the restoration, adaptation measures to climate change, in order to minimise damage and losses produced by similar events in the future.

(h) ☐purchase and planting of annual plants:

☐

carried out for the objective set out in point (152)(d) of the Guidelines;

☐

carried out for preserving plant varieties under threat of genetic erosion, as referred to in point (210) of the Guidelines;

(i) ☐purchase of animals:

☐

the purchase carried out for the objective of point (152)(d) of the Guidelines;

☐

the purchase of animals of endangered breeds as defined in Article 2, point (24) of Regulation (EU) 2016/1012

EUR-Lex - 32016R1012 - EN - EUR-Lex (europa.eu)

under the commitments referred to in point (207) of the Guidelines;

☐

the purchase of guard dogs protecting livestock against large predators.

  1. Is the aid granted for any of the following costs?

(a) purchase of agricultural production rights and payment entitlements;

(b) purchase and planting of annual plants for other purposes than those referred to in question 5 (h) of this Supplementary Information Sheet;

(c) purchase of animals for other purposes than those referred to in question 5(i) of this Supplementary Information Sheet;

(d) investments to comply with national or Union standards in force;

(e) costs, other than those referred to point (153) of the Guidelines connected with leasing contracts, such as lessor's margin, interest refinancing costs, overheads and insurance charges;

(f) working capital;

(g) wiring or cabling for data networks outside the private property.

☐yes ☐no

If any of the costs referred to in points (a) to (g) is included, please note that the aid cannot be declared compatible with the internal market.

  1. Is the aid granted in favour of investments in irrigation?

☐yes ☐no

If the answer is yes, please reply to questions 7.1 to 7.7:

7.1.

Has a river basin management plan been notified to the Commission, in accordance with the terms of Directive 2000/60/EC

EUR-Lex - 32000L0060 - EN - EUR-Lex (europa.eu)

, for the entire area in which the investment is to take place, as well as in any other areas whose environment may be affected by the investment?

☐yes ☐no

7.2.

Have the measures taking effect under the river basin management plan in accordance with Article 11 of Directive 2000/60/EC and of relevance to the agricultural sector been specified in the relevant programme of measures?

☐yes ☐no

7.3.

Is water metering enabling measurement of water use at the level of the supported investment in place or will it be put in place as part of the investment?

☐yes ☐no

7.4.

Where the aid is granted for an investment in an improvement to an existing irrigation installation or element of irrigation infrastructure, are the following conditions fulfilled?

(a) is it assessed ex-ante that the investment offers potential water savings reflecting the technical parameters of the existing installation or infrastructure?

☐yes ☐no

(b) if the investment affects bodies of ground-or-surface water whose status has been identified as less than good in the relevant river basin management plan for reasons related to water quantity or if state-of-the-art climate vulnerability and risk assessments determined that the affected water bodies in good status could lose their status for reasons related to water quantity caused by climate change impacts, will an effective reduction in water use be achieved contributing to the achievement and maintenance of good status of these water bodies, as laid down in Article 4(1) of Directive 2000/60/EC?

☐yes ☐no

(c) The State must set percentages for potential water savings and effective reduction in water use as an eligibility condition. Do these percentages ensure that:

(i) the percentage of potential water savings amounts to at least 5% when the technical parameters of the existing installation or infrastructure already ensure a high degree of efficiency, and to at least 25% when the current degree of efficiency (prior to investment) is low and/or for investments that take place in areas where water savings are most needed to ensure the achievement of good water status (where not yet achieved) and avoid deterioration of status of water bodies;

☐yes ☐no

(ii) the percentage of effective reduction in water use, at the level of the investment as a whole, amounts to at least 50 % of the potential water saving made possible by the investment in the existing irrigation installation or element of infrastructure.

☐yes ☐no

Please note that the conditions set out in question 7.4. do not apply to an investment in an existing installation, which affects only energy efficiency or to an investment in the creation of a reservoir or to an investment in the use of recycled water which does not affect a body of ground or surface water.

7.5.

Where the aid is granted for investments in the use of reclaimed water as an alternative water supply, does the provision and use of such water comply with Regulation (EU) 2020/741

EUR-Lex - 32020R0741 - EN - EUR-Lex (europa.eu)

;

☐yes ☐no

7.6.

Where the aid is granted for investments resulting in a net increase of the irrigated area affecting a given body of ground or surface water, are the following conditions complied with?

(i) the status of the water body has not been identified as less than good in the relevant river basin management plan for reasons related to water quantity; and

☐yes ☐no

(ii) an environmental analysis shows that there will be no significant negative environmental impact from the investment. Such an environmental impact analysis must be either carried out or approved by the competent authority of the Member State and may also refer to groups of holdings.

☐yes ☐no

7.7.

Is the aid granted for investments in the creation or expansion of a reservoir for the purpose of irrigation?

☐yes ☐no

If the answer to question 7.7 of this Information Sheet is yes, will the aid be granted only if it does not lead to significant negative environmental impact?

☐yes ☐no

Please note that pursuant to point (158) of the Guidelines, an investment in the creation or expansion of a reservoir for the purpose of irrigation is only eligible provided it does not lead to significant negative environmental impact.

  1. Please indicate the aid intensity:

..... % of the eligible costs;

Please note that pursuant to point (159) of the Guidelines, the aid intensity must not exceed 65 %, expect where the aid is granted in relation to any of the situations below.

..... % of the costs of investments linked to one or more of the specific environmental and climate-related objectives referred to in point (152)(e), (f) and (g) of the Guidelines or to animal welfare;

Please note that pursuant to point (160) (a) of the Guidelines, the aid intensity must not exceed 80 % of these eligible costs.

..... % of the costs of investments by young farmers;

Please note that pursuant to point (160)(b) of the Guidelines, the aid intensity must not exceed 80 % of these eligible costs.

..... % of the costs of investments in the outermost regions or smaller Aegean Islands;

Please note that pursuant to point (160)(c) of the Guidelines, the aid intensity must not exceed 80 % of these eligible costs.

..... % of the eligible costs in case of investments of small farmers within the meaning of Article 28 of Regulation (EU) 2021/2115

EUR-Lex - 32021R2115 - EN - EUR-Lex (europa.eu)

;

Please note that pursuant to point (161) of the Guidelines, the aid for investments of small farmers within the meaning of Article 28 of Regulation (EU) 2021/2115 must not exceed 85 % of the eligible costs.

..... % of the costs of non-productive investments linked to one or more of the specific environmental and climate-related objectives referred to in point (152)(e), (f) and (g) of the Guidelines;

Please note that pursuant to point (162)(a) of the Guidelines, the aid must not exceed 100 % of these eligible costs.

..... % of the costs of investments for the restoration of production potential referred to in point (152)(d) of the Guidelines and investments related to prevention and risk mitigation of damage caused by natural disasters, exceptional occurrences, adverse climatic events which can be assimilated to a natural disaster, or protected animals.

Please note that pursuant to point (162)(b) of the Guidelines, the aid intensity must not exceed 100 % of the eligible costs.

☐

Aid for investments in irrigation:

..... % of the eligible costs for irrigation on-farm investments made under point (157)(c) of the Guidelines;

Please note that pursuant to point (163)(a) of the Guidelines, the aid must not exceed 80 % of the eligible costs for irrigation on-farm investments made under point (157)(c).

..... % of the eligible costs for investments in off-farm infrastructure in agriculture to be used for irrigation;

Please note that pursuant to point (163)(b) of the Guidelines, the aid must not exceed 100 % of the eligible costs for investments in off-farm infrastructure in agriculture to be used for irrigation.

..... % of the eligible costs for other irrigation on-farm investments.

Please note that pursuant to point (163)(c) of the Guidelines, the aid must not exceed 65 % of the eligible costs for other irrigation on-farm investments.

OTHER INFORMATION

Please indicate any other information considered relevant to the assessment of the measure concerned under this Section of the Guidelines.

…

1.1.1.2.

SUPPLEMENTARY INFORMATION SHEET ON AID FOR INVESTMENTS IN FAVOUR OF THE CONSERVATION OF CULTURAL AND NATURAL HERITAGE LOCATED ON AGRICULTURAL HOLDINGS

This information sheet relates to State aid for investments in favour of the conservation of cultural and natural heritage located on agricultural holdings as described in Part II., Section 1.1.1.2 of the Guidelines for State aid in the agricultural and forestry sectors and in rural areas ('the Guidelines').

In addition to this form, please fill in the General Information Sheet for the notification of State aid in the agriculture and forestry sectors and in rural areas, demonstrating the general eligibility conditions for State aid.

  1. Will the investments at which the aid is aimed, respect prohibitions and restrictions laid down in Regulation (EU) No 1308/2013

EUR-Lex - 32013R1308 - EN - EUR-Lex (europa.eu)

, including where such prohibitions and restrictions only refer to the Union support provided for in that Regulation?

☐yes ☐no

  1. Is the aid granted for the conservation of cultural and natural heritage in the form of natural landscapes and buildings, which is formally recognised as cultural or natural heritage by the competent authority of the Member State?

☐yes ☐no

  1. Please indicate the eligible costs in favour of the conservation of cultural and natural heritage located on agricultural holdings:

(a) ☐investment costs in tangible assets;

(b) ☐capitalised works.

  1. Please indicate the aid intensity: …

Please note that pursuant to point (167) of the Guidelines, the aid must not exceed 100 % of the eligible costs.

  1. Where the aid is granted for capitalised works, please indicate the aid amount:

…

Please note that pursuant to point (168) of the Guidelines, the aid for capitalised works must be limited to EUR 10000 per year.

OTHER INFORMATION

Please indicate any other information considered relevant to the assessment of the measure concerned under this Section of the Guidelines.

…

1.1.1.3.

SUPPLEMENTARY INFORMATION SHEET ON AID FOR INVESTMENT IN CONNECTION WITH THE PROCESSING OF AGRICULTURAL PRODUCTS OR THE MARKETING OF AGRICULTURAL PRODUCTS

This information sheet relates to State aid for investments in connection with the processing of agricultural products or the marketing of agricultural products, as described in Part II., Section 1.1.1.3 of the European Union Guidelines for State aid in the agricultural and forestry sectors and in rural areas ('the Guidelines').

In addition to this form, please fill in the General Information Sheet for the notification of State aid in the agriculture and forestry sectors and in rural areas, demonstrating the general eligibility conditions for State aid.

  1. Will the investments at which the aid is aimed, respect prohibitions and restrictions laid down in Regulation (EU) No 1308/2013

EUR-Lex - 32013R1308 - EN - EUR-Lex (europa.eu)

, including where such prohibitions and restrictions only refer to the Union support provided for in that Regulation?

☐yes ☐no

  1. Is the aid granted for food and feed crops based biofuels?

☐yes ☐no

If the answer is yes, please note that the aid cannot be declared compatible with the internal market in light of the goal to incentivise the shift towards the production of more advanced forms of biofuels, as foreseen by the Guidelines on State aid for climate, environmental protection and energy 2022.

  1. Is the aid granted for investments in tangible assets and intangible assets in connection with the processing of agricultural products or the marketing of agricultural products as referred to in points (33)47 and (33)38 of the Guidelines?

☐yes ☐no

  1. Member States may grant aid for investments in connection with the processing of agricultural products and the marketing of agricultural products if the aid fulfils all the conditions of one of the following aid instruments:

(a) Commission Regulation (EU) No 651/2014 (GBER)

EUR-Lex - 32014R0651 - EN - EUR-Lex (europa.eu)

;

(b) Guidelines on regional State aid

EUR-Lex - 52021XC0429(01) - EN - EUR-Lex (europa.eu)

;

(c) the conditions of Part II., Section 1.1.1.3. of the Guidelines.

Where aid is granted under the provisions of the Guidelines on regional State aid, the assessment of such aid is to be carried out on the basis of those Guidelines. Therefore, please fill in the relevant part of the general notification form of Part I and the specific form of Part III of Annex I of Regulation (EC) No 794/2004, as amended by Commission Regulation (EC) No 1627/2006

EUR-Lex - 32006R1627 - EN - EUR-Lex (europa.eu)

, or any provision replacing it.

  1. If the aid is granted on the basis of Part II., Section 1.1.1.3. of the Guidelines, please indicate the eligible costs:

(a) ☐the construction, acquisition, including leasing, or improvement of immoveable property, including investments in passive in-house wiring or structured cabling for data networks and, if necessary, the ancillary part of the passive network on the private property outside the building;

If the aid is granted in favour of the costs of land purchase, is land purchased only eligible for aid to an extent not exceeding 10 % of the total eligible costs of the operation concerned?

☐yes ☐no

(b) ☐the purchase or lease purchase of machinery and equipment up to the market value of the asset;

(c) ☐the general costs linked to the expenditure referred to in points (a) and (b), such as architect, engineer and consultation fees, fees relating to advice on environmental and economic sustainability, including feasibility studies;

Please note that feasibility studies remain eligible expenditure even where, based on their results, no expenditure referred to in points (a) and (b) is incurred.

(d) ☐the acquisition, development or usage fees of computer software, cloud and similar solution and the acquisition of patents, licences, copyrights and trademarks.

  1. Is the aid granted for any of the following costs?

(a) the costs other than those referred to in question 7 of this Supplementary Information Sheet connected with leasing contracts, such as lessor's margin, interest refinancing costs, overheads and insurance charges;

(b) working capital;

(c) wiring or cabling for data networks outside the private property;

(d) costs related to investments to comply with Union and national standards in force.

☐yes ☐no

Please note that if any of the expenses referred to in points (a) to (d) is included, the aid cannot be declared compatible with the internal market.

  1. Please indicate the aid intensity:

..... % of the eligible costs;

Please note that pursuant to point (175) of the Guidelines, the aid intensity must not exceed 65 % of the eligible costs.

..... % of investments linked to one or more of the specific environmental and climate-related objectives referred to in point 152 (e), (f) and (g) of the Guidelines or, as regards the processing of agricultural products, to animal welfare;

Please note that pursuant to point (176)(a) of the Guidelines, the aid intensity for these costs must not exceed 80 % of the eligible costs.

..... % of investments by young farmers;

Please note that pursuant to point (176)(b) of the Guidelines, the aid intensity for the investments carried out by young farmers must not exceed 80 % of the eligible costs.

..... % of investments in the outermost regions or smaller Aegean Islands;

Please note that pursuant to point (176)(c) of the Guidelines, the aid intensity for the investments in the outermost regions or smaller Aegean Islands must not exceed 80 % of the eligible costs.

  1. Is the aid granted as the individual investment aid?

☐yes ☐no

  1. If the answer to question 10 of this Supplementary information sheet is yes, please indicate the amount of eligible costs and/or the gross grant equivalent:

…

Please note that pursuant to point (177) of the Guidelines, individual investment aid for the processing of agricultural products and the marketing of agricultural products, exceeding the notification threshold set out in point (35)(a) of the Guidelines, i.e. eligible costs exceeding EUR 25 million, or the gross grant equivalent exceeding EUR 12 million, must be notified to the Commission separately.

OTHER INFORMATION

Please indicate any other information considered relevant to the assessment of the measure concerned under this Section of the Guidelines.

…

1.1.2.

SUPPLEMENTARY INFORMATION SHEET ON START-UP AID FOR YOUNG FARMERS AND START-UP AID FOR AGRICULTURAL ACTIVITIES

This form must be used by Member States for the notification of State aid measures which are designed to grant start-up aid for young farmers and start-up aid for agricultural activities as described in Part II., Section 1.1.2 of the European Union Guidelines for State aid in the agriculture and forestry sectors and in rural areas ('the Guidelines').

In addition to this form, please fill in the General Information Sheet for the notification of State aid in the agriculture and forestry sectors and in rural areas, demonstrating the general eligibility conditions for State aid.

  1. Is the aid granted solely to undertakings active in the primary agricultural production?

☐yes ☐no

  1. Is the aid granted in favour of:

☐

young farmers as defined in point (33)65 of the Guidelines?

☐

start-up of agricultural activities?

  1. Is the aid limited to beneficiaries which are SMEs?

☐yes ☐no

Please note that pursuant to point (181) of the Guidelines, aid provided under Part II., Section 1.1.2. of the Guidelines this section must be limited to SMEs.

  1. Is the aid conditional on the submission of a business plan to the competent authority of the Member State concerned?

☐yes ☐no

  1. Please indicate the aid amount: …

Please note that pursuant to point (183) of the Guidelines, the aid must not exceed EUR 100000.

OTHER INFORMATION

Please indicate any other information considered relevant to the assessment of the measure concerned under this Section of the Guidelines.

…

1.1.3.

SUPPLEMENTARY INFORMATION SHEET ON START-UP AID FOR PRODUCER GROUPS AND ORGANISATIONS IN THE AGRICULTURAL SECTOR

This form must be used by Member States for the notification of State aid measures which are designed to grant start-up aid for producer groups and organisations in the agricultural sector described in Part II., Section 1.1.3 of the European Union Guidelines for State aid in the agriculture and forestry sectors and in rural areas ('the Guidelines').

In addition to this form, please fill in the General Information Sheet for the notification of State aid in the agriculture and forestry sectors and in rural areas, demonstrating the general eligibility conditions for State aid.

  1. Is the aid granted only to producer groups or organisations that have been officially recognised by the competent authority of the Member State concerned?

☐yes ☐no

  1. Do the agreements, decisions and other behaviour in the framework of the producer group or organisation comply with the competition rules as they apply by virtue of Articles 206 to 210a of Regulation (EU) No 1308/2013

EUR-Lex - 32013R1308 - EN - EUR-Lex (europa.eu)

?

☐yes ☐no

  1. If the aid is granted directly to producers to offset their contributions to the costs of running the groups or organisations, is the aid granted up to the same overall amount as would be the aid to producer groups or organisations?

☐yes ☐no

  1. If the answer to question 3 is yes, is the granting of aid limited to the first five years following the formation of the group or organisation?

☐yes ☐no

  1. Is the aid granted to producer groups, which have been recognised as producer organisations under the conditions of Regulation (EU) No 1308/2013?

☐yes ☐no

  1. Is aid limited to producer groups and producer organisations falling within the definition of SMEs?

☐yes ☐no

Please note that pursuant to point (190) of the Guidelines, the Commission will not authorise the aid towards the costs covered in this Section of the Guidelines in favour of large enterprises.

  1. Are the beneficiaries of the aid under this Section of the Guidelines required to adjust to take account of any changes in the regulations governing the common organisation of the markets in agricultural products?

☐yes ☐no

  1. Please indicate the eligible costs:

☐

the costs of the rental of suitable premises;

Where premises are purchased, are the eligible costs for premises limited to rental costs at market rates?

☐yes ☐no

Please note that pursuant to point (192) of the Guidelines, where premises are purchased, the eligible costs for premises must be limited to rental costs at market rates.

☐

the costs of acquisition of office equipment;

☐

the costs of administrative staff;

☐

overheads;

If the costs of overheads are eligible, please specify such costs:

…

☐

legal and administrative fees;

☐

the costs of acquisition of computer hardware, the costs of acquisition or usage fees of computer software, clouds and similar solutions.

Please note that pursuant to point (195) of the Guidelines, the aid, which is granted to producer group or organisations to cover expenses not linked to start-up costs, such as investments or promotion activities, will be assessed in accordance with the rules governing such type of aid.

  1. Please confirm that no aid is granted to any of the following:

(a) production organisations, entities or bodies, such as companies or cooperatives, the objective of which is the management of one or more agricultural holdings and which are therefore single producers;

(b) agricultural associations that undertake tasks such as mutual support and farm replacement and farm management services, in the members' holdings without being involved in the joint adaptation of supply to the market;

(c) producer groups that do not comply with the requirements laid down in Article 67(3) of Regulation (EU) 2021/2115 or producer groups, organisations or associations, the objectives of which are incompatible with Article 152(1)(c), Article 156 and Article 161 of Regulation (EU) No 1308/2013;

☐yes ☐no

Please note that pursuant to point (193) of the Guidelines, the aid must not be granted to beneficiaries as specified in points (a) to (c) of this question.

  1. Is the aid paid as a flat rate in degressive annual instalments for the first five years following the date on which the producer group or organisation was officially recognised by the competent authority on the basis of its business plan?

☐yes ☐no

  1. Is the last instalment paid only after the Member State concerned has verified the correct implementation of the business plan?

☐yes ☐no

  1. Please indicate the aid intensity and the aid amount per year:

…

Please note that pursuant to point (196) of the Guidelines, the aid must not exceed 10 % of the annual marketed production of the group or organisation with a maximum of EUR 100000 per year.

OTHER INFORMATION

Please indicate any other information considered relevant to the assessment of the measure concerned under this Section of the Guidelines.

…

1.1.4.

SUPPLEMENTARY INFORMATION SHEET ON AID FOR AGRI-ENVIRONMENT-CLIMATE COMMITMENTS

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-climate commitments) covered by Part II., Section 1.1.4. of the Guidelines for State aid in the agriculture and forestry sectors and in rural areas ('the Guidelines').

In addition to this form, please fill in the General Information Sheet for the notification of State aid in the agriculture and forestry sectors and in rural areas, demonstrating the general eligibility conditions for State aid.

  1. Is the aid granted solely to undertakings and groups of such undertakings active in the primary agricultural production, which undertake, on a voluntary basis, to carry out operations consisting of one or more agri-environment-climate commitments?

☐yes ☐no

  1. Do the aided measures aim at the preservation and the promotion of the necessary changes to agricultural practices that make a positive contribution to the environment and climate?

☐yes ☐no

  1. Please indicate whether the voluntary commitments for which the aid is granted go beyond:

(a) ☐the relevant statutory management requirements and GAEC standards established under Title III, Chapter I, Section 2, of Regulation (EU) 2021/2115

EUR-Lex - 32021R2115 - EN - EUR-Lex (europa.eu)

;

(b) ☐the relevant minimum requirements for the use of fertiliser and plant protection products as well as other relevant mandatory requirements established by national and Union law;

(c) ☐the conditions established for the maintenance of the agricultural area in accordance with Article 4(2), point (b), of Regulation (EU) 2021/2115.

Please note that pursuant to point (201) of the Guidelines, all such mandatory standards and requirements must be identified and described in the notification to the Commission.

  1. Where national law imposes standards and requirements for the use of fertiliser and plant protection products, which go beyond the corresponding minimum requirements laid down in Union law, is the aid granted for commitments contributing to compliance with such national standards and requirements?

☐yes ☐no

  1. If the answer to question 4 of this Supplementary Information Sheet is yes, will such aid be granted for a maximum of 24 months from the date on which the standards and requirements imposed by national law become mandatory for the holding?

☐yes ☐no

  1. Do the undertakings carrying out operations under this Section of the Guidelines have access to the relevant knowledge and information required to implement such operations, and is appropriate training made available for those who require it, as well as access to expertise in order to assist farmers who commit to change their production systems?

☐yes ☐no

  1. Are commitments undertaken for a period of five to seven years?

☐yes ☐no

Please specify the duration: …

  1. If the aid is granted for commitments undertaken for a period longer than seven years: is the longer duration necessary in order to achieve or maintain the environmental benefits sought?

☐yes ☐no

If the answer is yes, please provide the justification as to why a longer period is necessary for the aided type of the commitment(s):

…

Please note that pursuant to point (204) of the Guidelines, where necessary in order to achieve or maintain the environmental benefits sought, Member States may determine a longer period for particular types of commitments, including by means of providing for their annual extension after the termination of the initial period.

  1. Is the aid is granted for commitments undertaken for a period shorter than five years?

☐yes ☐no

If the answer is yes, please indicate towards what type of the commitments is the aid granted:

☐

for the conservation, sustainable use and development of genetic resources;

☐

for new commitments directly following the commitment performed in the initial period;

☐

other duly justified cases.

If the aid concerns other duly justified case, please demonstrate that a shorter period is necessary:

…

Please specify the length of such a shorter period:

…

Please note that in compliance with point (204) of the Guidelines, such a shorter period must be set at at least one year.

  1. Please confirm that commitments to extensify livestock farming comply with at least the following conditions:

(a) ☐the whole grazed area of the holding must be managed and maintained to avoid over- and under-grazing;

(b) ☐livestock density must be defined taking account of all grazing livestock kept on the farm or, in the case of a commitment to limit nutrient leaching, all animals kept on the farm which are relevant to the commitment in question.

  1. Please confirm that commitments to rear local breeds in danger of being lost to farming or to preserve plant genetic resources under threat of genetic erosion require one of the following:

(a) ☐to rear farm animals of local breeds, genetically adapted to one or more traditional production systems or environments in the country, in danger of being lost to farming;

(b) ☐to preserve plant genetic resources naturally adapted to the local and regional conditions and under threat of genetic erosion.

  1. Please confirm that only the following species of farm animals are eligible for aid: cattle, sheep, goats, equidae, pigs, birds, rabbits and bees:

☐yes ☐no

Please specify which farm animals species are eligible for aid:

…

  1. Where the aid is granted for local breeds considered as being in danger of being lost to farming, are the following conditions fulfilled?

(a) the number, at national level, of breeding females concerned is stated;

(b) that number and the endangered status of the listed breeds is certified by a duly recognised relevant scientific body;

(c) a duly recognised relevant technical body registers and keeps up-to-date the breeding book for the breed;

(d) the bodies concerned possess the necessary skills and knowledge to identify animals of the breeds in danger.

☐yes ☐no

Please note that all the above conditions must be respected.

Please note that in compliance with point (209) of the Guidelines, for the Commission to be able to assess and approve such aid, the conditions for considering local breeds for which the aid is granted as being in danger of being lost to farming must be described and included in the notification to the Commission.

  1. Where the aid is granted for genetic resources under threat of genetic erosion, does the notification include sufficient evidence of genetic erosion, based upon scientific results or indicators for the reduction of landraces or primitive local varieties, their population diversity and, where relevant, for modifications in the prevailing agricultural practices at local level?

☐yes ☐no

Please note that pursuant to point (210) of the Guidelines, plant genetic resources can be considered as being under threat of genetic erosion on condition that sufficient evidence of genetic erosion, based upon scientific results or indicators for the reduction of landraces or primitive local varieties, their population diversity and, where relevant, for modifications in the prevailing agricultural practices at local level, is described and included in the notification to the Commission.

  1. Is the aid provided for the conservation and for the sustainable use and development of genetic resources in agriculture for operations not covered by points (198) to (210) of the Guidelines?

☐yes ☐no

If the answer is yes, please provide more details on the aided operations:

…

  1. Is aid granted in favour of collective schemes and result-based payments schemes, such as carbon farming schemes?

☐yes ☐no

If the answer is yes, please provide more details on the aided operations:

…

Please note that pursuant to point (212) of the Guidelines, aid under Section 1.1.4. of the Guidelines may cover collective schemes and result-based payments schemes, such as carbon farming schemes, to encourage farmers to deliver a significant enhancement of the quality of the environment at a larger scale or in a measurable way.

  1. Please indicate the eligible costs for operations other than the conservation of genetic resources:

(a) ☐compensation for all or part of additional costs resulting from the commitments;

(b) ☐income foregone resulting from the commitments;

(c) ☐transaction costs.

If the aid is granted also in favour of investment costs related to agri-environmental-climate commitments under this Section, please fill in the Supplementary Information Sheet 1.1.1.1. on aid for investment in in agricultural holdings linked to primary agricultural production.

If the aid pursues other objectives such as training and advisory services to help agricultural producers, please fill in the Supplementary Information Sheet 1.1.10. on aid for provision of technical support in the agricultural sector.

  1. Please indicate the aid intensity: …

Please note that pursuant to point (220) of the Guidelines, the aid must not exceed 100 % of the eligible costs.

  1. Please confirm that the aid is granted annually:

☐yes ☐no

  1. If the aid is granted for transaction costs, please provide justification and the specific description of such costs:

…

  1. Please indicate the intensity of aid for transaction costs: …

Please note that pursuant to point (215) of the Guidelines, the aid may cover necessary transaction costs, to a value of up to 20 % of the premium paid for the agri-environment-climate commitments, or up to 30 %, where the commitments are undertaken by groups of undertakings.

  1. Is the aid granted in favour of transaction costs caused by entering into agri-environment-climate commitments?

☐yes ☐no

If the answer is yes, please provide a convincing proof of such costs, for example by presenting cost comparisons with undertakings not entering into such commitments:

…

  1. Is the aid granted in favour of transaction costs for the continuation of commitments already entered into in the past?

☐yes ☐no

If the answer is yes, please demonstrate that such costs continue to occur or that new transaction costs are being incurred:

…

Please note that pursuant to point (216) of the Guidelines, the Commission will not authorise State aid for transaction costs for the continuation of commitments already entered into in the past, unless a Member State demonstrates that such costs continue to occur or that new transaction costs are being incurred.

  1. Are transaction costs calculated on the basis of average costs?

☐yes ☐no

If the answer is yes, please demonstrate that, in particular, large enterprises are not overcompensated.

…

  1. Are transaction costs calculated on the basis of average farms?

☐yes ☐no

If the answer is yes, please demonstrate that, in particular, large enterprises are not overcompensated.

…

  1. Please confirm that where transaction costs are calculated on the basis of average costs and/or average farms, for the purpose of calculating compensation, a Member States takes into account whether the transaction costs in question are incurred per undertaking or per hectare:

☐yes ☐no

  1. Please indicate the eligible costs of the aid in favour of operations for the conservation of genetic resources in agriculture:

(a) ☐targeted actions: actions promoting the in situ and ex situ conservation, characterisation, collection and utilisation of genetic resources in agriculture, including web-based inventories of genetic resources currently conserved in situ, including in situ/ on-farm conservation, and of ex situ collections and databases;

(b) ☐concerted actions: actions promoting the exchange of information for the conservation, characterisation, collection and utilisation of genetic resources in Union agriculture, among competent organisations in the Member States;

(c) ☐accompanying actions: information, dissemination and advisory actions involving non-governmental organisations and other relevant stakeholders, training courses and preparation of technical reports.

  1. Is the aid granted per hectare?

☐yes ☐no

  1. Is the aid granted as a lump sum?

☐yes ☐no

If the answer is yes, please justify:

…

Please note that pursuant to point (221) of the Guidelines, aid may be granted as a lump sum only in duly justified cases.

  1. Is the aid granted as a one-off payment per unit?

☐yes ☐no

If the answer is yes, please justify:

…

Please note that pursuant to points (214) and (221) of the Guidelines, aid may be granted as a one-off payment per unit only in duly justified cases, such as operations concerning environmental conservation or commitments to renounce the commercial use of areas.

  1. If the answer to question 30 of this Supplementary Information Sheet is yes, is such aid calculated on the basis of additional costs incurred and income foregone?

☐yes ☐no

REVISION CLAUSE

  1. Is a revision clause provided for the operations supported under this Section of the Guidelines?

☐yes ☐no

Please note that under point (647) of the Guidelines, a Member State is obliged to introduce it in order to ensure the adjustment of the operations in the case of amendments of the relevant mandatory standards, requirements or obligations referred to in Part II., Section 1.1.4. of the Guidelines beyond which the commitments referred to in that Section have to go.

  1. Does the aid extend beyond the rural development programming period 2023-2027?

☐yes ☐no

If the answer is yes, please note that under point (648) of the Guidelines, a revision clause must to be included for the aid under Part II., Section 1.1.4. of the Guidelines, in order to allow for the adjustment of the operations to the legal framework of the following rural development programming period.

OTHER INFORMATION

Please indicate any other information considered relevant to the assessment of the measure concerned under this Section of the Guidelines.

…

1.1.5.

SUPPLEMENTARY INFORMATION SHEET ON AID FOR ANIMAL WELFARE COMMITMENTS

This form must be used for the notification of any State aid measure to support agricultural production methods designed to improve animal welfare covered by Part II., Section 1.1.5. of the European Union Guidelines for State aid in the agriculture and forestry sectors and in rural areas ('the Guidelines').

In addition to this form, please fill in the General Information Sheet for the notification of State aid in the agriculture and forestry sectors and in rural areas, demonstrating the general eligibility conditions for State aid.

  1. Is the aid granted solely to undertakings active in the primary agricultural production, which undertake, on a voluntary basis, to carry out operations consisting of one or more animal welfare commitments?

☐yes ☐no

  1. Is the aid granted only for commitments going beyond the relevant mandatory standards established pursuant to Title III, Chapter I, Section 2, of Regulation (EU) 2021/2115

EUR-Lex - 32021R2115 - EN - EUR-Lex (europa.eu)

and other relevant mandatory requirements established by national and Union law?

☐yes ☐no

Please note that pursuant to point (226) of the Guidelines, all mandatory standards and requirements and established farming practices must be identified and described in the notification to the Commission.

  1. Where no relevant mandatory standards or requirements exist, is the aid granted for commitments, which go beyond established farming practice at national level?

☐yes ☐no

If the answer to this question is yes, please provide a description of the farming practice concerned:

…

Please note that pursuant to point (226) of the Guidelines, such established farming practices must be identified and described in the notification to the Commission.

  1. Is the aid granted for commitments contributing to compliance with the new requirements imposed by national law going beyond the corresponding minimum requirements laid down in Union law?

☐yes ☐no

  1. If the answer to question 4 of this Supplementary Information Sheet is yes, will such aid be granted for commitments contributing to compliance with those requirements for a maximum of 24 months from the date on which they become mandatory for the holding?

☐yes ☐no

  1. For which of the following areas do the animal welfare commitments provide upgraded standards of production methods?

(a) ☐water, feed and animal care in accordance with the natural needs of animals;

(b) ☐housing conditions that improve the comfort of animals and their freedom of movement, such as increased space allowances, flooring surfaces, natural light, microclimate control, as well as housing conditions such as free farrowing or group housing, depending on the natural needs of animals;

(c) ☐conditions allowing for expression of natural behaviour, such as enrichment of living environment or late weaning;

(d) ☐outdoor access and grazing;

(e) ☐practices that increase animal robustness and longevity, including slower growing breeds;

(f) ☐practices which avoid mutilation or castration of animals;

(g) ☐sanitary measures, preventing non-transmissible diseases, that do not require the use of medical substances such as vaccines, insecticides or anti-parasitic drugs.

Please submit a detailed description:

…

  1. When mutilation or castration of animals is deemed necessary, will anaesthetics, analgesia and anti-inflammatory medication or immunocastration be used?

☐yes ☐no

Please note that pursuant to point (228)(f) of the Guidelines, in specific cases when mutilation or castration of animals is deemed necessary, anaesthetics, analgesia and anti-inflammatory medication or immunocastration must be used.

  1. Is the aid granted for animal welfare commitments for a period of one to seven year?

☐yes ☐no

Please specify the duration: …

  1. Does the Member State determine a longer period than seven years for particular types of commitments?

☐yes ☐no

If the answer is yes, please justify:

…

Please note that pursuant to point (229) of the Guidelines, a Member State may determine a longer period only where it is necessary in order to achieve or maintain certain animal welfare benefits, including by means of providing for their annual extension after the termination of the initial period.

  1. Is the renewal of the contract automatic?

☐yes ☐no

If the answer is yes, please note that pursuant to point (230) of the Guidelines, the details of the renewal must be described in the contract and the mechanism of renewal must be communicated to the Commission as part of the notification.

  1. Is the renewal of the contract subject to respect of conditions approved by the Commission for aid pursuant to this Section of the Guidelines?

☐yes ☐no

Please note that pursuant to point (230) of the Guidelines, the renewal must always be subject to the respect of conditions approved by the Commission for aid pursuant to Section 1.1.5. of the Guidelines.

  1. Do undertakings that carry out operations under this Section of the Guidelines have access to the relevant knowledge and information required to implement such operations, and is appropriate training made available for those who require it, as well as access to expertise in order to assist farmers who commit to change their production systems?

☐yes ☐no

  1. Is the aid granted annually?

☐yes ☐no

  1. Please indicate the eligible costs:

(a) ☐compensation for all or part of additional costs resulting from the commitments;

(b) ☐income foregone resulting from the commitments;

(c) ☐transaction costs.

If the aid is granted also in favour of investment costs related to animal welfare commitments under this Section, please refer to the Supplementary Information Sheet 1.1.1.1. on aid for investment in in agricultural holdings linked to primary agricultural production.

If the aid pursues other objectives such as training and advisory services to help agricultural producers, please refer to the Supplementary Information Sheet 1.1.10. on aid for provision of technical support in the agricultural sector.

  1. Please indicate the aid intensity: …

Please note that pursuant to point (235) of the Guidelines, the aid must not exceed 100 % of the eligible costs.

  1. If the aid is granted for transaction costs, please justify and provide the specific description of such costs:

…

  1. Please indicate the intensity of aid for transaction costs: …

Please note that pursuant to point (233) of the Guidelines, the aid may cover necessary transaction costs to the value up to 20 % of the premium paid for the animal welfare commitments.

  1. Is the aid granted for transaction costs caused by entering into animal welfare commitments?

☐yes ☐no

If the answer is yes, please provide a convincing proof of such costs, for example by presenting cost comparisons with undertakings not entering into such commitments:

…

  1. Is the aid granted for transaction costs for the continuation of animal welfare commitments already entered into in the past?

☐yes ☐no

If the answer is yes, please demonstrate that such costs continue to occur or that new transaction costs are being incurred:

…

Please note that pursuant to point (233) of the Guidelines, the Commission will not authorise State aid for transaction costs for the continuation of animal welfare commitments already entered into in the past, unless a Member State demonstrates that such costs continue to occur or that new transaction costs are being incurred.

  1. Are transaction costs calculated on the basis of average costs?

☐yes ☐no

If the answer is yes, please demonstrate that, in particular, large enterprises are not overcompensated.

…

  1. Are transaction costs calculated on the basis of average farms?

☐yes ☐no

If the answer is yes, please demonstrate that, in particular, large enterprises are not overcompensated.

…

  1. Is the aid granted per unit?

☐yes ☐no

Please provide details:

…

  1. Is the aid granted as a lump sum?

☐yes ☐no

If the answer is yes, please justify:

…

Please note that pursuant to point (236) of the Guidelines, Member States may grant support as a lump sum only in duly justified cases.

  1. Is the aid granted as a one-off payment per unit?

☐yes ☐no

If the answer is yes, please justify:

…

Please note that pursuant to point (236) of the Guidelines, Member States may grant support as one-off payment per unit only in duly justified cases.

  1. If the answer to question 24 of this Supplementary Information Sheet is yes, is the compensation calculated on the basis of additional costs incurred and income foregone?

☐yes ☐no

REVISION CLAUSE

  1. Is a revision clause provided for the operations supported under this Section?

☐yes ☐no

Please note that under point (647) of the Guidelines, a Member State is required to introduce a revision clause in order to ensure the adjustment of the operations in the case of amendments of the relevant mandatory standards, requirements or obligations referred to in Part II., Section 1.1.5. of the Guidelines beyond which the commitments referred to in that Section have to go.

  1. Does the aid extend beyond the rural development programming period 2023-2027?

☐yes ☐no

If the answer is yes, please note that under point (648) of the Guidelines, a revision clause must be included for the aid under Part II., Section 1.1.5. of the Guidelines in order to allow for the adjustment of the operations to the legal framework of the following rural development programming period.

OTHER INFORMATION

Please indicate any other information considered relevant to the assessment of the measure concerned under this Section of the Guidelines.

…

1.1.6.

SUPPLEMENTARY INFORMATION SHEET ON AID FOR AREA-SPECIFIC DISADVANTAGES RESULTING FROM CERTAIN MANDATORY REQUIREMENTS

This form must be used by Member States to notify State aids for area-specific disadvantages resulting from certain mandatory requirements, as dealt with in Part II., Section 1.1.6. of the Guidelines for State aid in the agriculture and forestry sectors and in rural areas ('the Guidelines').

In addition to this form, please fill in the General Information Sheet for the notification of State aid in the agriculture and forestry sectors and in rural areas, demonstrating the general eligibility conditions for State aid.

  1. Is the aid granted solely to undertakings active in the primary agricultural production?

☐yes ☐no

  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 Council Directive 92/43/EEC

EUR-Lex - 31992L0043 - EN - EUR-Lex (europa.eu)

('the Habitats Directive'), Directive 2009/147/EC of the European Parliament and of the Council

EUR-Lex - 32009L0147 - EN - EUR-Lex (europa.eu)

('the Birds Directive') and Directive 2000/60/EC

EUR-Lex - 32000L0060 - EN - EUR-Lex (europa.eu)

(the Water Framework Directive)?

☐yes ☐no

  1. Please indicate the eligible costs:

(a) ☐additional costs;

(b) ☐income foregone;

(c) ☐transaction costs.

  1. Please indicate the aid intensity: …

Please note that pursuant to point (247) of the Guidelines, the aid must not exceed 100 % of the eligible costs.

  1. If the aid is granted for the transaction costs, please provide the justification and the specific description of such costs:

…

  1. Please indicate the intensity of aid for the transaction costs:

…

  1. Are transaction costs calculated on the basis of average costs?

☐yes ☐no

If the answer is yes, please demonstrate that, in particular, large enterprises are not overcompensated:

…

  1. Are transaction costs calculated on the basis of average farms?

☐yes ☐no

If the answer is yes, please demonstrate that, in particular, large enterprises are not overcompensated:

…

  1. Please confirm that for the purpose of calculating compensation, a Member States takes into account whether the transaction costs in question are incurred per undertaking or per hectare:

☐yes ☐no

  1. Is aid linked to Directive 92/43/EEC and Directive 2009/147/EC granted only in relation to disadvantages resulting from requirements that go beyond the relevant GAEC standards established under Title III, Chapter I, Section 2, of Regulation (EU) 2021/2115

EUR-Lex - 32021R2115 - EN - EUR-Lex (europa.eu)

as well as the conditions established for the maintenance of the agricultural area in accordance with Article 4(2), point (b) of Regulation (EU) 2021/2115?

☐yes ☐no

  1. Is aid linked to Directive 2000/60/EC granted only in relation to the disadvantages resulting from the requirements that go beyond one or more of the following? Please indicate:

(a) ☐the relevant statutory management requirements, with the exception of SMR 1 listed in Annex III to Regulation (EU) 2021/2115, and GAEC standards established under Title III, Chapter I, Section 2, of Regulation (EU) 2021/2115;

(b) ☐the conditions established for the maintenance of the agricultural area determined by a Member State in its CAP Strategic Plan in accordance with Article 4(2), point (b), of Regulation (EU) 2021/2115.

Please note that pursuant to point (245) of the Guidelines, the requirements referred to in questions 10 and 11 of this Supplementary Information Sheet must be identified and described in the notification to the Commission.

  1. Please specify areas eligible for aid:

(a) ☐Natura 2000 agricultural areas designated pursuant to the Directive 92/43/EEC and Directive 2009/147/EC;

(b) ☐other delimited nature protection areas with environmental restrictions applicable to farming which contribute to the implementation of Article 10 of Directive 92/43/EEC; those areas must not exceed 5 % of the designated Natura 2000 areas covered by the territorial scope of the relevant CAP Strategic Plan;

(c) ☐agricultural areas included in river basin management plans according to Directive 2000/60/EC.

  1. Is the aid granted annually per hectare?

☐yes ☐no

OTHER INFORMATION

Please indicate any other information considered relevant to the assessment of the measure concerned under this Section of the Guidelines.

…

1.1.7.

SUPPLEMENTARY INFORMATION SHEET ON AID TO AREAS FACING NATURAL OR OTHER AREA-SPECIFIC CONSTRAINTS

This form must be used for the notification of State aid aimed at compensating for natural or other area-specific constraints in certain areas, which is covered by Part II., Section 1.1.7. of the Guidelines for State aid in the agriculture and forestry sectors and in rural areas ('the Guidelines'). This Section applies to aid in mountain areas and other areas facing natural or other specific constraints.

In addition to this form, please fill in the General Information Sheet for the notification of State aid in the agriculture and forestry sectors and in rural areas, demonstrating the general eligibility conditions for State aid.

  1. Is the aid granted to undertakings active in the primary agricultural production which are active farmers and undertake to pursue their farming activity in the area(s) designated pursuant to Article 32 of Regulation (EU) No 1305/2013

EUR-Lex - 32013R1305 - EN - EUR-Lex (europa.eu)

?

☐yes ☐no

  1. Please specify areas designated pursuant to Article 32 of Regulation (EU) No 1305/2013 for which the aid is granted:

…

  1. Is the aid granted for a fine-tuning exercise according to the conditions provided for in Article 32(3), third subparagraph, of Regulation (EU) No 1305/2013?

☐yes ☐no

If the answer is yes, please provide more details, including the description of the criteria used for such fine-tuning:

…

Furthermore, please describe the constraint in question:

…

  1. Please indicate the eligible costs:

(a) ☐additional costs related to the natural or other area-specific constraints for agricultural production in the area concerned;

(b) ☐income foregone related to the natural or other area-specific constraints for agricultural production in the area concerned.

Please demonstrate the constraints in question and provide proof that the amount of compensation to be paid does not go beyond income loss and additional costs resulting from those constraints:

…

  1. Are the additional costs and income foregone calculated in respect of natural or other area-specific constraints, in comparison to areas which are not affected by natural or other area-specific constraints?

☐yes ☐no

  1. Please indicate the aid intensity: …

Please note that pursuant to point (254) of the Guidelines, the aid must not exceed 100 % of the eligible costs.

  1. Is the aid granted annually per hectare of agricultural area?

☐yes ☐no

OTHER INFORMATION

Please indicate any other information considered relevant to the assessment of the measure concerned under this Section of the Guidelines.

…

1.1.8.

SUPPLEMENTARY INFORMATION SHEET ON AID FOR ORGANIC FARMING

This form must be used for the notification of any State aid measures in favour of organic farming as described in Part II., Section 1.1.8 of the Guidelines for State aid in the agriculture and forestry sector and in rural areas ('the Guidelines').

In addition to this form, please fill in the General Information Sheet for the notification of State aid in the agriculture and forestry sectors and in rural areas, demonstrating the general eligibility conditions for State aid.

  1. Is the aid granted only to undertakings active in primary agricultural production?

☐yes ☐no

  1. Are the beneficiaries agricultural undertakings or groups of agricultural undertakings who undertake on a voluntarily basis to convert to or maintain organic farming practices and methods as defined in Regulation (EU) 2018/848

EUR-Lex - 32018R0848 - EN - EUR-Lex (europa.eu)

?

☐yes ☐no

  1. Is the aid granted only for commitments which go beyond the following standards and requirements? Please indicate:

(a) ☐the relevant statutory management requirements and GAEC standards established under Title III, Chapter I, Section 2, of Regulation (EU) 2021/2115

EUR-Lex - 32021R2115 - EN - EUR-Lex (europa.eu)

;

(b) ☐the relevant minimum requirements for the use of fertiliser and plant protection products, animal welfare, and other relevant mandatory requirements established by national and Union law;

(c) ☐the conditions established for the maintenance of the agricultural area in accordance with Article 4(2), point (b), of Regulation (EU) 2021/2115.

Please note that pursuant to point (258) of the Guidelines, relevant standards and requirements must be identified and described in the State aid notification to the Commission.

  1. Where national law imposes standards and requirements for the use of fertiliser and plant protection products, which go beyond the corresponding minimum requirements laid down in Union law, is the aid granted for commitments contributing to compliance with such national standards and requirements?

☐yes ☐no

  1. If the answer to question 4 of this Supplementary Information Sheet is yes, will such aid be granted for a maximum of 24 months from the date on which they become mandatory for the holding?

☐yes ☐no

  1. Is the aid granted for commitments which will be carried out over an initial period of five to seven years?

☐yes ☐no

Please specify the duration: …

  1. If the aid is granted for commitments undertaken for a period longer than seven years, is the longer duration necessary in order to achieve or maintain the environmental benefits sought?

☐yes ☐no

If the answer is yes, please provide the justification as to why a longer period is necessary for the aided type of the commitment(s):

…

Please note that pursuant to point (260) of the Guidelines, where necessary in order to achieve or maintain the environmental benefits sought, Member States may determine a longer period, including by means of providing for their annual extension after the termination of the initial period.

  1. If the aid is granted for a conversion to organic farming, will you determine a shorter initial period than that referred to in question 6 of this Supplementary Information Sheet?

☐yes ☐no

If the answer is yes, please specify the duration: …

Please note that pursuant to point (260) of the Guidelines, where aid is granted for conversion to organic farming Member States may determine a shorter period of at least one year.

  1. If the aid is granted for new commitments concerning maintenance directly following the commitment performed in the initial period referred to in question 6 of this Supplementary Information Sheet, will you determine a shorter period than set out in question 6?

☐yes ☐no

If the answer is yes, please specify the duration of that period:

…

Please note that pursuant to point (260) of the Guidelines, with regard to new commitments concerning maintenance directly following the commitment performed in the initial period, Member States may determine a shorter period of at least one year.

  1. Do the undertakings carrying out operations under this Section of the Guidelines have access to the relevant knowledge and information required to implement such operations, and is appropriate training made available for those who require it, as well as access to expertise in order to assist farmers who commit to change their production systems?

☐yes ☐no

  1. Please indicate the eligible costs:

(a) ☐compensation for all or part of additional costs resulting from the commitments;

(b) ☐income foregone resulting from the commitments;

(c) ☐transaction costs.

If the aid is granted also in favour of investment costs, please refer to the Supplementary Information Sheet 1.1.1.1. on aid for investment in agricultural holdings linked to primary agricultural production or 1.1.1.3. on aid for investments in processing and marketing of agricultural products.

  1. Please indicate the aid intensity: …

Please note that pursuant to point (268) of the Guidelines, the aid must not exceed 100 % of the eligible costs.

  1. If the aid is granted for transaction costs, please provide justification and the specific description of such costs:

…

  1. Please indicate the intensity of aid for transaction costs:

…

Please note that pursuant to point (263) of the Guidelines, the aid may cover necessary transaction costs, to a value of up to 20 % of the premium paid for the commitments, or up to 30 %, where the commitments are undertaken by groups of undertakings.

  1. Is the aid granted for transaction costs caused by entering into organic farming commitments?

☐yes ☐no

If the answer is yes, please provide convincing proof of such costs, for example by submitting cost comparisons with agricultural undertakings not entering into such commitments.

…

  1. Is the aid granted in favour of transaction costs for the continuation of commitments already entered into in the past?

☐yes ☐no

If the answer is yes, please demonstrate that such costs continue to occur or that new transaction costs are being incurred:

…

Please note that pursuant to point (264) of the Guidelines, the Commission will not authorise State aid for transaction costs for the continuation of organic farming commitments already entered into in the past, unless a Member State demonstrates that such costs continue to occur or that new transaction costs are being incurred.

  1. Are the transaction costs calculated on the basis of average costs?

☐yes ☐no

If the answer is yes, please demonstrate that, in particular, large enterprises are not overcompensated:

…

  1. Are the transaction costs calculated on the basis of average farms?

☐yes ☐no

If the answer is yes, please demonstrate that, in particular, large enterprises are not overcompensated:

…

  1. Please confirm that where transaction costs are calculated on the basis of average costs and/or average farms, for the purpose of calculating compensation, a Member States takes into account whether the transaction costs in question are incurred per undertaking or per hectare:

☐yes ☐no

  1. Please confirm that no aid is granted under this Section for commitments covered by an agri-environment-climate measure, or for costs covered by an aid intended to encourage the participation in quality systems:

☐yes ☐no

  1. Is the aid paid per hectare?

☐yes ☐no

  1. Is the aid granted as a lump sum?

☐yes ☐no

If the answer is yes, please justify:

…

Please note that pursuant to point (269) of the Guidelines, aid may be granted as a lump sum only in duly justified cases.

  1. Is the aid granted as a one-off payment per unit?

☐yes ☐no

If the answer is yes, please justify:

…

Please note that pursuant to point (269) of the Guidelines, aid may be granted as a one-off payment per unit only in duly justified cases.

REVISION CLAUSE

  1. Is a revision clause provided for the operations supported under this Section of the Guidelines?

☐yes ☐no

Please note that in accordance with point (647) of the Guidelines, a Member State is obliged to introduce a revision clause in order to ensure the adjustment of the operations in the case of amendments of the relevant mandatory standards, requirements or obligations referred to in Part II., Section 1.1.8. of the Guidelines beyond which the commitments referred to in that Section have to go.

  1. Does the aid extend beyond the rural development programming period 2023-2027?

☐yes ☐no

If the answer is yes, please note that in accordance with point (648) of the Guidelines, a revision clause must be included for the aid under Part II., Section 1.1.8. of the Guidelines, in order to allow for their adjustment to the legal framework of the following rural development programming period.

OTHER INFORMATION

Please indicate any other information considered relevant to the assessment of the measure concerned under this Section of the Guidelines.

…

1.1.9.

SUPPLEMENTARY INFORMATION SHEET ON AID FOR THE PARTICIPATION OF PRODUCERS OF AGRICULTURAL PRODUCTS IN QUALITY SCHEMES

This form must be used for the notification of any State aid measures which are designed to encourage the participation of producers of agricultural products in quality schemes as described in Part II., Section 1.1.9. of the Guidelines for State aid in the agriculture and forestry sectors and in rural areas ('the Guidelines').

In addition to this form, please fill in the General Information Sheet for the notification of State aid in the agriculture and forestry sectors and in rural areas, demonstrating the general eligibility conditions for State aid.

  1. Is the aid granted only to producers of agricultural products?

☐yes ☐no

  1. Please indicate the eligible costs:

(a) ☐the costs for new participation in quality schemes, notably the costs incurred for entering a supported quality scheme and the annual contribution for participating in that quality scheme, including, where necessary, expenditure on checks required to verify compliance with the specifications of the quality scheme;

(b) ☐the costs for compulsory control measures in relation to the quality schemes undertaken pursuant to Union or national legislation by or on behalf of the competent authority of the Member State;

(c) ☐the costs of market research activities, product conception and design and for preparation of applications for recognition of quality schemes.

  1. Will the aid for the costs of new participation in quality schemes, referred to in question 2(a) of this Supplementary information sheet and aid for the costs of compulsory control measures referred to in question 2(b) of this Supplementary information Sheet be granted towards the costs of control undertaken by the beneficiaries themselves, or where Union legislation provides that the costs of control is to be met by producers of agricultural products and groups thereof, without specifying the actual level of charges?

☐yes ☐no

  1. Please indicate the type of the quality scheme for which the aid for a new participation is granted:

(a) ☐Union quality scheme;

Please specify the Union quality scheme concerned:

…

(b) ☐Quality schemes, including farm certification schemes, for agricultural products recognised by the Member States as complying with the following criteria:

(i) the specificity of the final product under such quality schemes must be derived from clear obligations to guarantee any of the following:

specific product characteristics, or

specific farming or production methods, or

a quality of the final product that goes significantly beyond the commercial commodity standards as regards public, animal or plant health, animal welfare or environmental protection;

(ii) the quality scheme must be open to all producers;

(iii) the quality scheme must involve binding final product specifications and compliance with those specifications must be verified by public authorities or by an independent inspection body;

(iv) the quality scheme must be transparent and ensure complete traceability of agricultural products.

Please specify the quality scheme concerned, as well as the farm certification scheme, if relevant:

…

(c) ☐Voluntary agricultural product certification schemes recognised by the Member State as meeting the Union best practice guidelines referred to in Commission Communication of 16 December 2010 entitled EU best practice guidelines for voluntary certification schemes for agricultural products and foodstuffs relating to agricultural products and foodstuffs

Commission Communication — EU best practice guidelines for voluntary certification schemes for agricultural products and foodstuffs (europa.eu)

.

Please specify the certification scheme concerned:

…

  1. Is the aid accessible to all eligible undertakings in the area concerned, based on objectively defined conditions?

☐yes ☐no

  1. Is the aid for the costs of compulsory control measures, referred to in point (272)(b) of the Guidelines and the aid for the costs of market research activities, product conception and design and for preparation of applications for recognition of quality schemes, referred to point (272)(c) of the Guidelines granted in the form of subsidised services and paid to the body responsible for control measures, the research provider or the consultancy provider?

☐yes ☐no

  1. Please indicate the intensity of the aid for the costs of compulsory control measures, referred to in point (272)(b) of the Guidelines:

…

Please note that pursuant to point (278) of the Guidelines, the aid for the costs of compulsory control measures, referred to in point (272)(b) of the Guidelines may reach 100 % of the real costs incurred.

  1. Please indicate the intensity of the aid for the costs of market research activities, product conception and design and for preparation of applications for recognition of quality schemes, referred to point (272)(c) of the Guidelines:

…

Please note that pursuant to point (278) of the Guidelines, the aid for the costs of market research activities, product conception and design and for preparation of applications for recognition of quality schemes, referred to point (272)(c) of the Guidelines may reach 100 % of the real costs incurred.

  1. Please indicate the intensity of aid for the costs for new participation in quality schemes:

…

Please note that pursuant to point (277) of the Guidelines, the aid for the costs for new participation in quality schemes, referred to in point (272)(a) of the Guidelines, must not exceed 100 % of the eligible cost.

  1. Please indicate the duration of the period during which the aid for the costs for new participation in quality schemes, referred to in point (272)(a) of the Guidelines will be granted:

…

Please note that pursuant to point (277) of the Guidelines, the aid for the costs for new participation in quality schemes referred to in point (272)(a) must be granted for a maximum period of seven years.

  1. Will the aid for the costs for new participation in quality schemes, referred to in point (272)(a) of the Guidelines be paid annually?

☐yes ☐no

OTHER INFORMATION

Please indicate any other information considered relevant to the assessment of the measure concerned under this Section of the Guidelines.

…

1.1.10.

SUPPLEMENTARY 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 aimed at the provision of technical support in the agricultural sector as described by Part II., Section 1.1.10. of the Guidelines for State aid in the agricultural and forestry sectors and in rural areas ('the Guidelines').

In addition to this form, please fill in the General Information Sheet for the notification of State aid in the agriculture and forestry sectors and in rural areas, demonstrating the general eligibility conditions for State aid.

  1. COMMON PROVISIONS

1.1.

Is the aid under this Section of the Guidelines, with the exception of the aid for farm replacement services, granted for the provision of technical support in the agricultural sector?

☐yes ☐no

Please note that pursuant to point (279) of the Guidelines, aid for farm replacement services can be granted only to undertakings active in the primary agricultural production (see question 4.1 of this Supplementary Information Sheet).

1.2.

Please indicate the beneficiaries of the aid:

(a) ☐farmers;

(b) ☐producer groups;

(c) ☐other organisations;

If the aid is granted to beneficiaries referred to in point (c) of this question, please specify:

…

1.3.

Is the aid accessible to all those eligible in the area concerned based on objectively defined conditions?

☐yes ☐no

1.4.

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

1.5.

Where the provision of technical support is undertaken by producer groups or organisations, is the contribution of non-members towards the administrative costs of the producer group or organisation concerned limited to the costs of providing the service?

☐yes ☐no

In addition to questions 1.1 to 1.5 of this Supplementary Information Sheet, which relate to the common conditions of Section 1.1.10. of the Guidelines, please fill in the relevant section(s) below, applicable to the notified aid.

  1. AID FOR KNOWLEDGE EXCHANGE AND INFORMATION ACTIONS (Section 1.1.10.1.)

2.1.

Is the aid consistent with the description of the Agricultural Knowledge and Innovation System (AKIS) provided in the CAP Strategic Plans?

☐yes ☐no

Please provide details:

…

2.2.

Which of the following actions can be financed by the aid?

(a) ☐vocational training and skills acquisitions, including training courses, workshops, conferences and coaching;

(b) ☐demonstration activities;

(c) ☐information actions;

(d) ☐promotion of innovation;

(e) ☐short-term farm management exchanges and farm visits.

2.3.

Does the aid contribute to achieving one or more of the specific objectives set out in Article 6(1) of Regulation (EU) 2021/2115

EUR-Lex - 32021R2115 - EN - EUR-Lex (europa.eu)

?

☐yes ☐no

Please specify the objective of Article 6(1) of Regulation (EU) 2021/2115 to which the aid contributes:

…

2.4.

Please indicate the eligible costs:

(a) ☐the costs of organising the vocational training, skills acquisition actions, including training courses, workshops, conferences and coaching, demonstration activities or information actions;

(b) ☐the costs of travel, accommodation and per diem expenses of the participants;

(c) ☐the costs of the provision of replacement services during the absence of the participants;

(d) ☐the costs related to demonstration projects.

2.5.

Where the aid is granted for the costs of demonstration projects, please indicate the eligible costs:

(a) ☐the construction, acquisition, including leasing, or improvement of immovable property, with land only being eligible to an extent not exceeding 10 % of total eligible costs of the operation concerned (see also question 2.11 of this Supplementary Information Sheet below);

(b) ☐the purchase or lease purchase of machinery and equipment up to the market value of the asset;

(c) ☐the general costs linked to expenditure referred to in point 286 (d) (i) and (ii) of the Guidelines, such as architect, engineer and consultation fees, fees relating to advice on environmental and economic sustainability, including feasibility studies;

(d) ☐the acquisition, development or usage fees of computer software, cloud and similar solutions, and the acquisition of patents, licenses, copyrights and trademarks;

(e) ☐the additional expenses and income foregone relating to the small-scale demonstration projects.

Please note that pursuant to point (286)(d)(v) of the Guidelines, the aid for small-scale demonstration projects may be granted for additional expenses and income foregone relating to the demonstration project only in duly justified cases.

In compliance with that point of the Guidelines, if the aid is granted for the additional expenses and income foregone relating to the small-scale demonstration projects, please justify:

…

2.6.

Where the aid is granted for the costs of demonstration projects, referred to in point 2.5. (a) to (d) of this Supplementary Information Sheet, are such costs eligible only to the extent used for a demonstration project and for the duration period of the demonstration project?

☐yes ☐no

2.7.

Where the aid is granted for the costs of demonstration projects, referred to in in point 2.5. (a) to (d) of this Supplementary Information Sheet, is such aid limited to depreciation costs corresponding to the life of the demonstration project, as calculated on the basis of generally accepted accounting principles

☐yes ☐no

Please note that pursuant to point (287) of the Guidelines, only the depreciation costs corresponding to the life of the demonstration project, as calculated on the basis of generally accepted accounting principles are considered as eligible.

2.8.

Is it required that the bodies providing knowledge exchange and information services have the appropriate capacities in the form of staff qualifications and regular training to carry out those tasks?

☐yes ☐no

2.9.

Please indicate the form in which the aid is granted:

(a) ☐subsidized service;

(b) ☐direct payments to a beneficiary of the aid.

Please note that pursuant to point (289) of the Guidelines, aid referred to in points (286)(a),(c) and (d)(i) to (iv) must be provided in the form of subsidised services. Aid for the costs of the provision of replacement services referred to in point (286)(c) may, alternatively, be paid directly to the provider of the replacement services. Aid referred to in point (286)(d)(v) must be paid directly to the beneficiaries. Aid for small-scale demonstration projects under point (286)(d)(i) to (iv), may be paid directly to the beneficiaries.

2.10.

Please indicate the aid intensity: …

Please note that pursuant to point (290) of the Guidelines, the aid intensity must not exceed 100 % of the eligible costs.

2.11.

If the aid is granted for land acquisition referred to in point 2.5 (a) of this Supplementary Information Sheet, please indicate the aid intensity:

…

Please note that pursuant to point (286)(d)(i) of the Guidelines, the cost of land acquisition are eligible for aid only to an extent not exceeding 10 % of total eligible costs of the operation concerned. If such aid exceeds 10 % of total eligible costs of the operation concerned, please continue with question 2.12 of this Supplementary Information Sheet.

2.12.

If the aid granted for land acquisition exceeds 10 % of total eligible costs of the operation concerned, please indicate which of the following exceptions apply:

(a) ☐operation concerns environmental conservation;

(b) ☐operation concerns carbon-rich soil preservation;

Please note that pursuant to point (286)(d)(i) of the Guidelines, only in exceptional and duly justified cases, a higher percentage than 10 % of total eligible costs of the operation concerned may be permitted for operations concerning environmental conservation and carbon-rich soil preservation.

In light of point (286)(d)(i) of the Guidelines, if the aid for the cost of land acquisition exceeds 10 % of total eligible costs of the operation concerned, please justify:

…

2.13.

Please indicate the maximum amount of the aid for the costs of investments linked to the demonstration project as referred to in point (286)(d) of the Guidelines:

…

Please note that pursuant to point (291) of the Guidelines, the maximum aid amount of the aid for the eligible costs referred to in point (286)(d) of the Guidelines must be limited to EUR 100000 over 3 fiscal years.

  1. AID FOR ADVISORY SERVICES (Section 1.1.10.2.)

3.1.

Is advice supported under this Section consistent with the description of AKIS provided in the CAP Strategic Plans?

☐yes ☐no

Please note that pursuant to point (293) of the Guidelines, Member States must ensure that actions supported under this Section be consistent with the description of AKIS provided in the CAP Strategic Plans.

3.2.

Is the advice linked to at least one of the specific objectives set out in Article 6(1) of Regulation (EU) 2021/2115?

☐yes ☐no

Please specify the objective of Article 6(1) of Regulation (EU) 2021/2115 to which the advice is linked:

…

3.3.

Please indicate which of the following elements the advice covers:

(a) ☐obligations deriving from the statutory management requirements and GAEC standards established under Title III, Chapter I, Section 2, of Regulation (EU) 2021/2115;

(b) ☐the agricultural practices beneficial for the climate and the environment as referred to in Article 31 of Regulation (EU) 2021/2115 and the maintenance of the agricultural area referred to in Article 4(2), point (b), of Regulation (EU) 2021/2115;

(c) ☐the requirements laid down by Member States for implementing Directive 2000/60/EC

EUR-Lex - 32000L0060 - EN - EUR-Lex (europa.eu)

, Directive 92/43/EEC

EUR-Lex - 01992L0043-20130701 - EN - EUR-Lex (europa.eu)

, Directive 2009/147/EC

EUR-Lex - 32009L0147 - EN - EUR-Lex (europa.eu)

, Directive 2008/50/EC

EUR-Lex - 32008L0050 - EN - EUR-Lex (europa.eu)

, Directive (EU) 2016/2284

EUR-Lex - 32016L2284 - EN - EUR-Lex (europa.eu)

, Regulation (EU) 2016/2031, Regulation (EU) 2016/429

EUR-Lex - 32016R2031 - EN - EUR-Lex (europa.eu)

, Article 55 of Regulation (EC) No 1107/2009

EUR-Lex - 32009R1107 - EN - EUR-Lex (europa.eu)

and Directive 2009/128/EC

EUR-Lex - 32009L0128 - EN - EUR-Lex (europa.eu)

;

(d) ☐farm practices preventing the development of antimicrobial resistance as set out in the Commission Communication A European One Health Action Plan against Antimicrobial Resistance;

(e) ☐risk prevention and management;

(f) ☐measures aiming at farm modernization, competitiveness building, sectoral integration, innovation and market orientation as well as the promotion of entrepreneurship;

(g) ☐digital technologies in agriculture as referred to in Article 114, point (b), of Regulation (EU) 2021/2115;

(h) ☐sustainable management of nutrients, including at the latest as from 2024 use of the Farm Sustainability Tool for Nutrients referred to in Article 15(4), point (g), of Regulation (EU) 2021/2115;

(i) ☐conditions of employment and employer obligations as well as occupational health and safety and social support in agricultural communities;

(j) ☐sustainable production of feed, evaluation of feed in terms of nutrient content and feed values, documentation, planning and control of the feeding of farm animals based on needs.

Please note that pursuant to point (294) of the Guidelines, the advice must cover as a minimum one of the above elements.

3.4.

Is the aid granted in the form of subsidised services?

☐yes ☐no

3.5.

Is it required that the bodies selected to provide advice have the appropriate resources in the form of regularly trained and qualified staff and advisory experience and reliability with respect to the fields they advise on?

☐yes ☐no

3.6.

Is it ensured that the advice is impartial and that advisory service providers have no conflict of interest?

☐yes ☐no

3.7.

Is advice partly provided in a group?

☐yes ☐no

If the answer is yes, please justify:

…

Please note that pursuant to point (298) of the Guidelines, the advice may be partly provided in group only in duly justified and appropriate cases.

3.8.

If the advice is partly provided in a group, is the situation of the individual user of advisory services taken into account?

☐yes ☐no

3.9.

Please indicate the aid intensity: …

Please note that pursuant to point (299) of the Guidelines, the aid intensity must not exceed 100 % of the eligible costs.

3.10.

Please indicate the aid amount per undertaking active in the primary agricultural production: …

Please note that pursuant to point (300)(a) of the Guidelines, the aid per undertaking active in the primary agricultural production must not exceed EUR 25000 within any three-year period.

3.11.

Please indicate the aid amount per undertaking active in the processing of agricultural products and their marketing: …

Please note that pursuant to point (300)(b) of the Guidelines, the aid per undertaking active in the processing of agricultural products and their marketing must not exceed EUR 200000 within any three-year period.

  1. AID FOR FARM REPLACEMENT SERVICES (Section 1.1.10.3.)

4.1.

Are undertakings active in the primary agricultural production the sole beneficiaries of the aid granted under this Section?

☐yes ☐no

4.2.

Is the aid granted in the form of subsidised services?

☐yes ☐no

4.3.

Is the aid granted only for the real costs incurred for the replacement of a farmer, a natural person who is a member of farm household, or a farm worker, during their absence from work due to illness, including illness of their child, or serious illness of a cohabitating person, which requires constant care, holidays, maternity and parental leave, mandatory military service, in case of death or for the costs described in point (286)(c) of the Guidelines?

☐yes ☐no

Please specify the reason for the replacement:

…

4.4.

Please indicate the total duration of the replacement: …

Please note that pursuant to point (304) of the Guidelines, the total duration of the replacement should be limited to three months per year per beneficiary, with the exception of replacement for maternity and parental leave and during mandatory military service.

4.5.

If the aid is granted for the costs of replacement for the reason of maternity and parental leave, please indicate the duration: …

Please note that pursuant to point (304) of the Guidelines, the duration of the replacement for the reason of maternity and parental leave should be limited to six months.

4.6.

If the aid is granted for the costs of replacement during mandatory military service, please indicate the duration:

…

4.7.

Is the total duration of the replacement for the reason of mandatory military service limited to the duration of the service?

☐yes ☐no

Please specify the length of the mandatory military service:

…

Please note that pursuant to point (304) of the Guidelines, the duration of the replacement during mandatory military service should be limited to the duration of the service.

4.8.

If the total duration of the replacement exceeds the three- and six-month periods respectively, as referred to above in questions 4.4. and 4.5. of this Supplementary Information Sheet, please justify:

…

Please note that pursuant to point (304) of the Guidelines, the Commission may authorize a prolongation of the three months and six months period only in duly justified cases.

4.9.

Please indicate the aid intensity: …

Please note that pursuant to point (305) of the Guidelines, the aid must not exceed 100 % of the eligible costs.

OTHER INFORMATION

Please indicate any other information considered relevant to the assessment of the measure concerned under this Section of the Guidelines.

…

1.1.11.

SUPPLEMENTARY INFORMATION SHEET ON AID FOR COOPERATION IN THE AGRICULTURAL SECTOR

This form must be used for the notification of any State aid measure whose aim is the cooperation in the agricultural sector as described in Part II., Section 1.1.11 of the Guidelines for State aid in the agricultural and forestry sectors and in rural areas ('the Guidelines').

In addition to this form, please fill in the General Information Sheet for the notification of State aid in the agriculture and forestry sectors and in rural areas, demonstrating the general eligibility conditions for State aid.

  1. TYPE OF AID

1.1.

Please confirm that the aid is granted to promote cooperation that contributes to achieving one or more of the objectives set out in Article 6(1) of Regulation (EU) 2021/2115

EUR-Lex - 32021R2115 - EN - EUR-Lex (europa.eu)

:

☐yes ☐no

Please specify to which objective of Article 6(1) of Regulation (EU) 2021/2115 the aided measure contributes:

…

1.2.

Is the aid granted for cooperation, which involves at least two actors?

☐yes ☐no

1.3.

Please confirm that no aid will be granted for cooperation involving solely research bodies:

☐yes ☐no

1.4.

Please confirm that where the aid is granted for cooperation involving actors active in agricultural sector and in other sectors, mainly actors active in the agricultural sector will benefit from the aid:

☐yes ☐no

1.5.

Please specify the form of cooperation:

(a) ☐cooperation among different undertakings in the agricultural sector, food chain and other actors active in the agricultural sector that contribute to achieving the objectives and priorities of rural development policy, including producer groups, cooperatives and inter-branch organisation;

(b) ☐the creation of clusters and networks;

(c) ☐farm succession, in particular for generational renewal at farm level (aid may be granted only to farmers who have, or will have by the end of the operation reached the retirement age, determined by the Member State concerned in accordance with its national legislation);

(d) ☐other.

Please specify:

…

1.6.

Please indicate the cooperation activities for which the aid is granted:

(a) ☐pilot projects;

(b) ☐the development of new products, practices, processes and technologies in the agriculture and food sectors, only as far as agricultural products are concerned;

(c) ☐cooperation among small operators in the agricultural sector in organising joint work processes and sharing facilities and resources;

(d) ☐horizontal and vertical cooperation among supply chain actors for the establishment and development of short supply chains and local markets;

(e) ☐promotion activities in a local context relating to the development of short supply chain and local markets;

(f) ☐collective action undertaken with a view to mitigating or adapting to climate change;

(g) ☐joint approaches to environmental projects and ongoing environmental practices including efficient water management, the use of renewable energy

This applies to co-operation relating to the production of energy from renewable sources or the production of biofuels on holdings, provided that the conditions laid down in Section 1.1.1.1 of Part II of the Guidelines are complied with.

and the preservation of agricultural landscapes;

(h) ☐horizontal and vertical cooperation among supply chain actors in the sustainable production of biomass for use in food production if the result is an agricultural product and energy production for own consumption;

(i) ☐implementation, in particular by groups of public and private partners other than those defined in Article 31(2), point (b), of Regulation (EU) 2021/1060

EUR-Lex - 32021R1060 - EN - EUR-Lex (europa.eu)

, of local development strategies other than those defined in Article 32 of Regulation (EU) 2021/1060;

(j) ☐other forms of cooperation.

Please specify:

…

1.7.

Is the aid granted only to new forms of cooperation, including the existing ones if starting a new activity?

☐yes ☐no

1.8.

Where the aid is granted for the establishment and development of short supply chains, as referred to in point 1.6. (d) and (e) of this Supplementary Information Sheet, does it cover only supply chains involving no more than one intermediary between farmers and consumers?

☐yes ☐no

  1. ELIGIBLE COSTS AND AID INTENSITY

2.1.

Please indicate the eligible costs (in so far as they concern the agricultural activity):

(a) ☐the costs of studies of the area concerned, feasibility studies, and the drawing up of a business plan or local development strategy other than the one referred to in Article 32 of Regulation (EU) 2021/1060;

(b) ☐the running costs of cooperation, such as the salary of a co-ordinator;

(c) ☐the costs of operations to be implemented;

(d) ☐the costs of promotion activities.

2.2.

Please indicate the duration of the period for which the aid will be granted: …

Please note that pursuant to point (316) of the Guidelines, the aid must be limited to a maximum period of seven years, except in duly justified cases. If the aid will be granted for a period longer than seven years, please continue with question 2.3 of this Supplementary Information Sheet.

2.3.

If the aid will be granted for a period longer than seven years, please indicate the reason:

(a) ☐the aid is granted for collective environmental and climate actions in order to achieve the specific environmental- and climate-related objectives set out in Article 6(1), points (d), (e) and (f), of Regulation (EU) 2021/2115;

Please justify the need for a longer period:

…

(b) ☐the aid is granted for implementation, in particular by groups of public and private partners other than those defined in Article 31(2), point (b), of Regulation (EU) 2021/1060, of local development strategies other than those defined in Article 32 of Regulation (EU) 2021/1060;

Please justify the need for a longer period:

…

2.4.

Please indicate the aid intensity: …

Please note that pursuant to point (317) of the Guidelines, the aid intensity must not exceed 100 % of the eligible costs.

2.5.

Please indicate the aid intensity of the investment costs of operations to be implemented:

…

Please note that pursuant to point (318) of the Guidelines, where the aid is granted for the costs of operations to be implemented which consist of investments, aid must be limited to the maximum aid intensity of investment aid, as specified in the relevant Section on investment aid.

OTHER INFORMATION

Please indicate any other information considered relevant to the assessment of the measure concerned under this Section of the Guidelines.

…

1.2.1.1.

SUPPLEMENTARY INFORMATION SHEET ON AID TO MAKE GOOD THE DAMAGE CAUSED BY NATURAL DISASTERS OR EXCEPTIONAL OCCURRENCES

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 caused by a natural disaster or exceptional occurrences as described in Part II. Section 1.2.1.1. of the Guidelines for State aid in the agriculture and forestry sectors and in rural areas ('the Guidelines').

In addition to this form, please fill in the General Information Sheet for the notification of State aid in the agriculture and forestry sectors and in rural areas, demonstrating the general eligibility conditions for State aid.

  1. Please specify natural disaster or exceptional occurrence that caused the damage for which the compensation is sought:

…

Pursuant to point (324) of the Guidelines, to date, the Commission has accepted that earthquakes, avalanches, landslides and floods may constitute natural disasters. In addition, the Commission takes account of the State aid modernization initiative which allows to block exempt also the following categories of natural disaster events: tornadoes, hurricanes, volcanic eruptions and wild fires of natural origin.

Exceptional occurrences which have been accepted in the past by the Commission include war, internal disturbances or strikes, and, with certain reservations and depending on their extent, major nuclear or industrial accidents and fires which result in widespread loss.

Please note that pursuant to point (324) of the Guidelines, the Commission will continue to evaluate plans to grant State aid in accordance with Article 107(2), point (b), of the Treaty on a case-by-case basis, having regard to its previous practice in this field.

Please also note that pursuant to point (330) of the Guidelines, the aid granted to compensate for the damage caused by the type(s) of natural disasters not mentioned in point (324) of the Guidelines and for damage caused by exceptional occurrences, must be individually notified to the Commission.

  1. Is the aid scheme designed as an ex-ante framework aid scheme?

☐yes ☐no

If the answer is yes, please specify the type of natural disaster covered by the ex-ante scheme:

…

Please note that pursuant to point (329) of the Guidelines, in order to facilitate rapid crisis management the Commission will authorize ex-ante framework aid schemes to compensate for the damage caused by earthquakes, avalanches, landslides and floods as well as by tornadoes, hurricanes, volcanic eruptions and wild fires of natural origin provided that the conditions under which aid can be granted in such cases are clearly defined.

  1. In case of an ex-ante scheme, please confirm that the conditions under which the aid can be granted are clearly defined:

☐yes ☐no

Please provide the details on those conditions:

…

  1. In case of an ex-ante scheme, please confirm that the reporting obligation set out in point (651) of the Guidelines will be complied with:

☐yes ☐no

  1. Has the competent authority of the Member State formally recognised the occurrence of a natural disaster or an exceptional occurrence?

☐yes ☐no

  1. Please demonstrate a direct causal link between the natural disaster or exceptional occurrence and the damages incurred by the beneficiary undertaking:

…

Please note that pursuant to point (325) of the Guidelines, the condition referred to in this question and the condition referred to in question 5 of this Supplementary Information Sheet are cumulative.

  1. Are the criteria on the basis of which the formal recognition by the competent authority of the Member State is deemed granted, established in advance?

☐yes ☐no

If the answer is yes, please demonstrate that it is appropriate to establish those criteria in advance:

…

  1. Is the aid paid directly to the agricultural undertaking concerned?

☐yes ☐no

  1. Is the aid paid to a producer group or organisation of which the agricultural undertaking is a member?

☐yes ☐no

  1. Where the aid is paid to a producer group or organisation, is it ensured that the amount of aid does not exceed the amount of aid to which that agricultural undertaking is eligible?

☐yes ☐no

Please note that pursuant to point (327) of the Guidelines, where the aid is paid to a producer group and organisation, the amount of aid must not exceed the amount of aid to which that undertaking is eligible.

  1. Is the aid scheme being established within three years from the date of the occurrence of the event?

☐yes ☐no

Please indicate the date of the damaging event(s) which gave rise to the damage:

…

Please note that pursuant to point (328) of the Guidelines, the aid scheme must be established within a period of three years from the date of the occurrence of the damaging event.

  1. Please indicate the last date on which aid may be paid out:

…

Please note that pursuant to point (328) of the Guidelines, the aid must be paid out within a period of four years following the date of occurrence of the damaging event.

With regard to a specific natural disaster or exceptional occurrence, the Commission will authorise separately notified aid that derogates from this rule only in duly justified cases, for example due to the nature and/or extent of the event or delayed or continuing nature of the damage.

If that is the case, please explain why the longer time is needed for paying the aid:

…

  1. Are eligible for aid only the costs of the damage which are a direct consequence of the natural disaster or exceptional occurrence?

☐yes ☐no

  1. Please indicate the eligible costs:

(a) ☐compensation for material damage to buildings, equipment, machinery, stocks and means of production;

(b) ☐compensation for loss of income resulting from the full or partial destruction of the agricultural production and the means of the primary agricultural production.

  1. Is the damage assessed by a public authority, by an independent expert recognised by the granting authority or by an insurance undertaking?

☐yes ☐no

Please specify the entity assessing the damage:

…

  1. Please submit the precise assessment of the damage incurred by the potential beneficiaries:

…

  1. Is the damage calculated at the level of the individual beneficiary?

☐yes ☐no

  1. Where the aid is granted for material damage, is the calculation of such damage based on the repair cost or economic value of the affected asset before the natural disaster or the exceptional occurrence?

☐yes ☐no

  1. Please confirm that where the aid is granted for material damage, the damage will not exceed the repair cost or the decrease in fair market value caused by the natural disaster or by the exceptional occurrence:

☐yes ☐no

Please note that pursuant to point (334) of the Guidelines, the calculation of the material damage must not exceed the repair cost or the decrease in fair market value caused by the natural disaster or by the exceptional occurrence, that is to say the difference between the asset’s value immediately before and immediately after the natural disaster or the exceptional occurrence.

  1. Is the loss of income calculated by subtracting:

(a) the result of multiplying the quantity of the agricultural products produced in the year of the natural disaster or the exceptional occurrence, or in each following year affected by the full or partial destruction of the means of production, by the average selling price obtained during that year

from

(b) the result of multiplying the average annual quantity of agricultural products produced in the three-year period preceding the natural disaster or the exceptional occurrence or a three-year average based on the five-year period preceding the natural disaster or the exceptional occurrence, excluding the highest and lowest entry by the average selling price obtained.

☐yes ☐no

  1. Will the loss of income be increased by other costs incurred by the beneficiary due to the natural disaster or the exceptional occurrence?

☐yes ☐no

If the answer is yes, please specify other costs concerned:

…

  1. Please confirm that the loss of income will be reduced by any costs not incurred because of the natural disaster or the exceptional occurrence which would otherwise have been incurred by the beneficiary.

☐yes ☐no

  1. If another method of calculation of the damage is used, will such a method be representative, not based on abnormally high yields and do not result in the overcompensation of any beneficiary?

☐yes ☐no

Will the measurement of the extent of the loss caused be tailored to the specific characteristics of each type of product, using:

(a) ☐biological indexes (quantity of biomass loss) or equivalent yield loss indexes established at farm, local, regional or national level, or

(b) ☐weather indexes (including quantity of rainfall and temperature) established at local, regional or national level?

  1. Will indexes be used to calculate the annual agricultural production of the beneficiary?

☐yes ☐no

  1. If the answer to question 24 is yes, will the calculation method used allow to determine the real loss of an individual beneficiary in a given year?

☐yes ☐no

  1. Please indicate the aid intensity:

..... % of the damage caused by natural disaster or exceptional occurrence.

Please note that pursuant to point (339) of the Guidelines, the aid and any other payments received to compensate for the damage, including payments under insurance policies, must not exceed 100 % of the eligible costs.

OTHER INFORMATION

Please indicate any other information considered relevant to the assessment of the measure concerned under this Section of the Guidelines.

…

1.2.1.2.

SUPPLEMENTARY INFORMATION SHEET ON AID TO COMPENSATE FOR DAMAGE CAUSED BY ADVERSE CLIMATIC EVENT WHICH CAN BE ASSIMILATED TO A NATURAL DISASTER

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 caused by an adverse climatic event which can be assimilated to a natural disaster as described in Part II., Section 1.2.1.2. of the Guidelines for State aid in the agriculture and forestry sectors and in rural areas ('the Guidelines').

In addition to this form, please fill in the General Information Sheet for the notification of State aid in the agriculture and forestry sectors and in rural areas, demonstrating the general eligibility conditions for State aid.

  1. Please specify the adverse climatic event which can be assimilated to a natural disaster that caused the damage for which the compensation is sought:

…

  1. Is the aid limited to undertakings active in primary agricultural production?

☐yes ☐no

Please note that pursuant to point (341) of the Guidelines, Section 1.2.1.2. of the Guidelines applies only to undertakings active in the primary agricultural production.

  1. Is the aid scheme designed as an ex-ante framework aid scheme?

☐yes ☐no

If the answer is yes, please specify the type of adverse climatic event(s) which can be assimilated to a natural disaster covered by the ex-ante scheme:

…

  1. If the aid scheme is designed as an ex-ante scheme, please confirm that the reporting obligation set out in point (651) of the Guidelines will be complied with:

☐yes ☐no

  1. Has the competent authority of the Member State formally recognised the occurrence of the event as an adverse climatic event which can be assimilated to a natural disaster?

☐yes ☐no

  1. Please demonstrate a direct causal link between the adverse climatic event which can be assimilated to a natural disaster and the damages incurred by the beneficiary undertaking:

…

Please note that pursuant to point (342) of the Guidelines, the condition referred to in this question and the condition referred to in question 5 of this Supplementary Information Sheet are cumulative.

  1. Are the criteria on the basis of which the formal recognition by the competent authority of the Member State is deemed granted, established in advance?

☐yes ☐no

If the answer is yes, please demonstrate that it is appropriate to establish those criteria in advance:

…

  1. Is the aid paid directly to the agricultural undertaking concerned?

☐yes ☐no

  1. Is the aid paid to a producer group or organisation of which the agricultural undertaking is a member?

☐yes ☐no

  1. Where the aid is paid to a producer group or organisation, is it ensured that the amount of aid does not exceed the amount of aid to which that agricultural undertaking is eligible?

☐yes ☐no

Please note that pursuant to point (345) of the Guidelines, where the aid is paid to a producer group and organisation, the amount of aid must not exceed the amount of aid to which that undertaking is eligible.

  1. Is the aid scheme being established within three years from the date of the occurrence of the adverse climatic event which can be assimilated to a natural disaster?

☐yes ☐no

Please indicate the date of the adverse climatic event which can be assimilated to a natural disaster that gave rise to the damage:

…

Please note that pursuant to point (346) of the Guidelines, the aid scheme must be established within a period of three years from the date of the occurrence of the damaging event.

  1. Please indicate the last date on which aid may be paid out:

…

Please note that pursuant to point (346) of the Guidelines, the aid must be paid out within a period of four years following the date of occurrence of the damaging event.

  1. Please provide supporting meteorological information in relation to the adverse climatic event at issue:

…

  1. Are eligible for aid only the costs of the damage which are a direct consequence of the adverse climatic event which can be assimilated to a natural disaster?

☐yes ☐no

  1. Please indicate the eligible costs:

(a) ☐compensation for material damage to farm buildings and farm equipment and machinery, stocks and means of production caused by an adverse climatic event which can be assimilated to a natural disaster;

(b) ☐compensation for the loss of income from the full or partial destruction of the agricultural production and the means of production caused by an adverse climatic event which can be assimilated to a natural disaster.

  1. Is the damage assessed by a public authority, by an independent expert recognised by the granting authority or by an insurance undertaking?

☐yes ☐no

Please specify the entity assessing the damage:

…

  1. Please submit the precise assessment of the damage incurred by the potential beneficiaries:

…

  1. Is the damage calculated at the level of the individual beneficiary?

☐yes ☐no

  1. Is the material damage to assets caused by the adverse climatic event which can be assimilated to a natural disaster calculated on the basis of the repair cost or economic value of the affected asset before the adverse climatic event that can be assimilated to a natural disaster?

☐yes ☐no

  1. Please confirm that where the aid is granted to compensate for the material damage, the damage thus calculated will not exceed the repair cost or the decrease in fair market value caused by the adverse climatic event which can be assimilated to a natural disaster:

☐yes ☐no

Please note that pursuant to point (350) of the Guidelines, the calculated material damage must not exceed the repair cost or the decrease in fair market value caused by the adverse climatic event which can be assimilated to a natural disaster, that is to say the difference between the asset’s value immediately before and immediately after the adverse climatic event which can be assimilated to a natural disaster.

  1. Where the loss of the beneficiary's income is calculated on the basis of crop or livestock level, is only the material damage related to that crop or livestock taken into account?

☐yes ☐no

  1. Is the loss of income calculated by subtracting:

(a) the result of multiplying the quantity of the agricultural products produced in the year of the adverse climatic event which can be assimilated to a natural disaster, or each following year affected by the full or partial destruction of the means of production, by the average selling price obtained during that year

from

(b) the result of multiplying the average annual quantity of agricultural products produced in the preceding three-year period or a three-year average based on the preceding five-year period (excluding the highest and lowest entry) by the average selling price obtained?

☐yes ☐no

  1. Will the loss of income be increased by other costs incurred by the beneficiary due to the adverse climatic event which can be assimilated to a natural disaster?

☐yes ☐no

If the answer is yes, please specify other costs concerned:

…

  1. Please confirm that the loss of income will be reduced by any costs not incurred because of the adverse climatic event which can be assimilated to a natural disaster, that would otherwise have been incurred by the beneficiary:

☐yes ☐no

  1. Will indexes be used in order to calculate the annual agricultural production of the beneficiary?

☐yes ☐no

  1. If the answer to question 25 is yes, will the calculation method used allow to determine the real loss of the beneficiary in a given year?

☐yes ☐no

  1. If another method of calculation of the damage is used, will such a method be representative, not based on abnormally high yields and do not result in the overcompensation of any beneficiary?

☐yes ☐no

Will the measurement of the extent of the damage caused be tailored to the specific characteristics of each type of product, using:

(a) ☐biological indexes (quantity of biomass loss) or equivalent yield loss indexes established at farm, local, regional or national level, or

(b) ☐weather indexes (including quantity of rainfall and temperature) established at local, regional or national level?

  1. Is the beneficiary a SME which was set up less than three years from the date of the occurrence of the adverse climatic event which can be assimilated to a natural disaster?

☐yes ☐no

If the answer is yes, please note that the reference to the average annual quantity during the three or five-year periods in point (352)(b) of the Guidelines must be understood as referring to the turnover generated or quantity produced and sold by an average undertaking of the same size as the applicant, namely a micro enterprise or a small enterprise or a medium enterprise, respectively, in the national or regional sector affected by the adverse climatic event which can be assimilated to a natural disaster.

  1. Please indicate the aid intensity:

..... % of the eligible costs,

Please note that pursuant to point (357) of the Guidelines, the aid and any other payments received to compensate for the damage, including payments under other national or Union measures or insurance policies for the damage receiving aid, must not exceed 80 % of the eligible costs.

..... % of the eligible costs incurred in areas facing natural or other area-specific constraints.

Please note that pursuant to point (357) of the Guidelines, the aid intensity of 80%, referred to above may be increased up to 90 % in areas facing natural or other area-specific constraints.

  1. Will the aid amount be reduced by at least 50 % if the beneficiaries have not taken out insurance or have not paid financial contributions to mutual funds accredited in the Member State covering at least 50 % of their average annual production or production-related income and the statistically most frequent climatic risks in the Member State or region concerned?

☐yes ☐no

Please note that a derogation from that condition is only possible if the Member State can convincingly show that, despite all reasonable efforts, affordable insurance covering the statistically most frequent climatic risks in the Member State or region concerned was not available at the time the damage occurred.

If that is the case, please provide sufficient details demonstrating that that derogation can apply:

…

OTHER INFORMATION

Please indicate any other information considered relevant to the assessment of the measure concerned under this Section of the Guidelines:

…

1.2.1.3.

SUPPLEMENTARY INFORMATION SHEET ON AID FOR COMBATING ANIMAL DISEASES, PLANT PESTS AND INVASIVE ALIEN SPECIES

This form must be used by Member States for the notification of any State aid measures for the costs of prevention, control and eradication of animal diseases, plant pests and invasive alien species and State aid to make good the damage caused by animal diseases, plant pests and invasive alien species as described In Part II., Section 1.2.1.3. of the Guidelines for State aid in the agriculture and forestry sectors in rural areas ('the Guidelines').

In addition to this form, please fill in the General Information Sheet for the notification of State aid in the agriculture and forestry sectors and in rural areas, demonstrating the general eligibility conditions for State aid.

  1. Is the aid limited to undertakings active in primary agricultural production?

☐yes ☐no

Please note that pursuant to point (360) of the Guidelines, Section 1.2.1.3. of the Guidelines applies only to aid granted to undertakings active in the primary agricultural production.

  1. Is the aid scheme designed as an ex-ante scheme?

☐yes ☐no

If the answer is yes, please specify the type of animal diseases, plant pests and invasive alien species covered by the ex-ante scheme:

…

  1. If the answer to the previous question is yes, can the Member State confirm that the reporting obligation set out in point (651) of the Guidelines will be complied with?

☐yes ☐no

  1. Please confirm that the aid will be paid only:

(a) ☐in relation to animal diseases, plant pests and infestation by invasive alien species for which Union or national rules exist, whether laid down by law, regulation or administrative action;

(b) ☐these Union or national rules concern one of the following:

(i) ☐public programme at Union, national or regional level for the prevention, control or eradication of the animal disease, the plant pest or invasive alien species concerned;

(ii) ☐emergency measures imposed by competent public authority;

(iii) ☐measures to eradicate or contain a plant pest implemented in accordance with Articles 17 and 18, Article 28(1) and (2), Article 29(1) and (2), Article 30(1) and Article 33(1) of Regulation (EU) 2016/2031

EUR-Lex - 32016R2031 - EN - EUR-Lex (europa.eu)

;

(iv) ☐measures to eradicate or contain an invasive alien species implemented in accordance with Regulation (EU) No 1143/2014

EUR-Lex - 32014R1143 - EN - EUR-Lex (europa.eu)

.

Please attach to the notification a description of the prevention, control and eradication measures concerned.

  1. In relation to damage caused by plant pests, has the Member State implemented Article 14(1) of Directive 2009/128/EC

EUR-Lex - 32009L0128 - EN - EUR-Lex (europa.eu)

and Article 55 of Regulation (EC) No 1107/2009

EUR-Lex - 32009R1107 - EN - EUR-Lex (europa.eu)

of the European Parliament and of the Council?

☐yes ☐no

  1. Does the aid relate to a measure in respect of which Union legislation provides that the charges for measures taken are to be borne by the beneficiary?

☐yes ☐no

  1. If the answer to the previous question is yes, the cost of such aid measures is entirely offset by compulsory charges on the beneficiaries?

☐yes ☐no

Please note that pursuant to point (363) of the Guidelines, the aid must not relate to measures in respect of which Union legislation provides that the cost of such measures is to be borne by the beneficiary, unless the cost of such aid measures is entirely offset by compulsory charges on the beneficiaries.

  1. Is the aid paid directly to the undertaking concerned?

☐yes ☐no

  1. Is the aid paid to a producer group or organisation of which that undertaking is a member?

☐yes ☐no

  1. Where the aid is paid to a producer group or organisation, is it ensured that the amount of aid does not exceed the amount of aid to which that agricultural undertaking is eligible?

☐yes ☐no

Please note that pursuant to point (364) of the Guidelines, where the aid is paid to a producer group and organisation, the amount of aid must not exceed the amount of aid to which that undertaking is eligible.

  1. Please confirm that no individual aid will be granted where it is established that the disease or the infestation with the plant pest or invasive alien species was caused deliberately or by the negligence of the beneficiary:

☐yes ☐no

  1. Where the aid is granted in relation to an animal disease, is this animal disease referred to in the list of animal diseases of Article 5(1) of Regulation (EU) 2016/429

EUR-Lex - 32016R0429 - EN - EUR-Lex (europa.eu)

, in Annex III to Regulation (EU) 2021/690

EUR-Lex - 32021R0690 - EN - EUR-Lex (europa.eu)

or in the list of animal diseases of the Terrestrial Animal Health Code established by the World Organisation for Animal Health?

☐yes ☐no

Please specify the animal disease concerned:

…

  1. Is the aid granted in respect of emerging diseases?

☐yes ☐no

If the answer is yes, please specify the emerging disease concerned:

…

  1. If the answer to the previous question is yes, does that disease have the potential to meet the criteria for listing diseases provided for in Article 5(3) of Regulation (EU) 2016/429?

☐yes ☐no

Please provide the details:

…

  1. Where the aid is granted in respect of emerging diseases, in addition to the condition set out in question 14 of this Supplementary Information Sheet, are the following criteria, set out in Article 6(2) of Regulation (EU) 2016/429 fulfilled?

(a) ☐the disease results from the evolution or change of an existing disease agent;

(b) ☐it is a known disease spreading to a new geographic area, species or population;

(c) ☐is diagnosed for the first time in the Union; or

(d) ☐it is caused by an unrecognised or a previously unrecognised disease agent.

  1. Is the aid scheme being introduced within three years from the date of the occurrence of the cost or damage caused by the animal disease, plant pest or invasive alien species?

☐yes ☐no

Please indicate the date of the occurrence of the animal disease, plant pest or invasive alien species that gave rise to the damage:

…

Please note that pursuant to point (368) of the Guidelines, the aid scheme must be introduced within a period of three years from the date of the occurrence of the cost or damage caused by the animal disease, plant pest or invasive alien species.

  1. Please indicate the last date on which the aid may be paid out:

…

Please note that pursuant to point (368) of the Guidelines, the aid must be paid out within a period of four years following the date of occurrence of the damaging event.

  1. Is the aid granted in favour of the prevention measures, referred to in point (370) of the Guidelines?

☐yes ☐no

Please note that pursuant to point (368) of the Guidelines, the conditions set out in questions 16 and 17 of this Supplementary Information Sheet do not apply to prevention measures referred to in point (370) of the Guidelines.

  1. Please indicate the eligible costs:

(a) ☐costs of prevention measures:

(i) ☐biosecurity measures, including for the prevention of invasive alien species;

(ii) ☐health checks;

(iii) ☐analyses, including in vitro diagnostics;

(iv) ☐tests and other screening measures;

(v) ☐the purchase, storage, administration and distribution of vaccines, medicines, substances for the treatment of animals and plant protection products and biocidal products;

(vi) ☐the preventive slaughtering or culling of animals or destruction of animal products and plants;

(vii) ☐the cleaning, disinfection or disinfestation of the holding and equipment based on the epidemiology and characteristics of the pathogen or of the vector.

(b) ☐costs of control or eradication measures:

(i) ☐tests and other screening measures in case of animal diseases, including transmissible spongiform encephalopathy (TSE) and bovine spongiform encephalopathy (BSE) tests;

(ii) ☐the purchase, storage, administration and distribution of vaccines, medicines, and substances for the treatment of animals and plant protection products;

(iii) ☐the slaughter or culling and destruction of animals and the destruction of products linked to them or the destruction of plants, including those that die or are destroyed as a result of vaccination or other measures ordered by the competent authority and the cleaning, disinfection or disinfestation of the holding and equipment;

(iv) ☐the purchase, storage, administration and distribution of plant protection products to address plant invasive alien species;

(v) ☐the purchase, storage deployment and distribution of traps or other equipment to address animal invasive alien species.

(c) ☐aid to make good the damage caused by an animal disease, plant pest or invasive alien species;

(d) ☐other costs. Please specify: …

Please note that pursuant to point (377) of the Guidelines, in exceptional and duly justified cases, the Commission may accept the costs incurred in carrying out necessary measures other than those referred to in Section 1.2.1.3. of the Guidelines.

If the aid relates to other costs than those referred to in Section 1.2.1.3. of the Guidelines, please explain why you consider that the situation is exceptional and that such costs are duly justified:

…

  1. Please specify the form of aid granted for prevention and eradication measures:

(a) ☐subsidised service.

Please confirm that such aid is paid to the provider of the prevention, control and eradication measures:

☐yes ☐no

(b) ☐direct grant.

Please note that pursuant to point (372) of the Guidelines, the aid can be granted as a direct grant only for the eligible costs referred to in points (370)(e) and (371)(b) of the Guidelines and the eligible costs referred to in points (370)(f) and (371)(c) of the Guidelines in the case of plant pests and for the cleaning and disinfection of the holding and equipment.

(c) ☐reimbursement of the real costs to the beneficiary upon presentation to the granting authority of a proof of the costs incurred.

Please note that pursuant to point (372) of the Guidelines, aid in relation to other costs referred to in points (370) and (371) of the Guidelines may be paid directly to a beneficiary as a reimbursement of the real costs incurred only in duly justified cases and upon presentation to the granting authority of a proof of the costs incurred.

If that is the case, please provide the justification:

…

  1. Where the aid is granted for making good the damage caused by an animal disease, plant pest or invasive alien species, is compensation calculated in relation to:

(a) the market value of animals slaughtered or culled or that have died or the products linked to them, or the plants destroyed:

(i) as a result of the animal disease, plant pest or infestation by the invasive alien species,

(ii) as part of a public programme or measure referred to in point (361)(b) of the Guidelines?

☐yes ☐no

(b) the loss of income due to quarantine obligations and difficulties in restocking, replanting and obligatory crop-rotation imposed as part of a public programme or measure referred to in point (361)(b) of the Guidelines?

☐yes ☐no

  1. Is the market value referred to in the previous question established on the basis of the value of the animals, products and plants immediately before any suspicion of the animal disease or plant pest or infestation by invasive alien species arose or was confirmed?

☐yes ☐no

  1. Please confirm that the amount of aid to make good the damage caused by an animal disease, plant pest or invasive alien species will be reduced by:

(a) any costs not directly incurred due to the animal disease, plant pest or invasive alien species, that would otherwise have been incurred by the beneficiary;

(b) any revenue made by the sale of products linked to the animals slaughtered or culled and to the plants destroyed for preventive or eradication purposes on the order of the competent authority of the Member State.

☐yes ☐no

  1. Is the aid amount to make good damage referred to in question 21 of this Supplementary Information Sheet limited to the costs and damage caused by animal diseases, plant pests or invasive alien species for which the competent authority:

(a) ☐has formally recognised an outbreak, in the case of an animal disease, or

(b) ☐has formally acknowledged their presence, in the case of plants pests and invasive alien species?

  1. Please indicate the aid intensity:

.… % of the eligible costs.

Please note that pursuant to point (378) of the Guidelines, the aid and any other payments received by the beneficiary, including payments under other national or Union measures or insurance policies or mutual funds for the same eligible costs, must not exceed 100 % of the eligible costs.

OTHER INFORMATION

Please indicate any other information considered relevant to the assessment of the measure concerned under this Section of the Guidelines.

…

1.2.1.4.

SUPPLEMENTARY INFORMATION SHEET ON AID FOR FALLEN STOCK

This form must be used by Member States for the notification of any State aid measures for fallen stock as described in Part II., Section 1.2.1.4 of the Guidelines for State aid in the agriculture and forestry sectors and in rural areas ('the Guidelines').

In addition to this form, please fill in the General Information Sheet for the notification of State aid in the agriculture and forestry sectors and in rural areas, demonstrating the general eligibility conditions for State aid.

  1. Is the aid granted only to undertakings active in primary agricultural production?

☐yes ☐no

Please note that pursuant to point (380) of the Guidelines, Section 1.2.1.4. of Part II. of the Guidelines is limited to undertakings active in the primary agricultural production.

  1. Is the aid conditional on the existence of a consistent monitoring programme which ensures the safe disposal of all fallen stock in the Member State?

☐yes ☐no

  1. Please indicate the eligible costs:

(a) ☐costs of the removal of fallen stock;

(b) ☐costs of the destruction of the fallen stock;

  1. Please indicate the aid intensity:

..... % of the costs of the removal of fallen stock;

..... % of the costs of the destruction of the fallen stock;

..... % of the costs of the removal and destruction of the fallen stock where the aid is financed through fees or through compulsory contributions destined for the financing of the removal and destruction of the fallen stock, provided that such fees or contributions are limited to and directly imposed on the meat sector;

Please confirm that such fees or contributions are limited to and directly imposed on the meat sector:

☐yes ☐no

☐

..... % of the costs of the removal and destruction of the fallen stock where there is an obligation to perform TSE tests on the fallen stock concerned or in the case of an outbreak of an animal disease referred to in the list of animal diseases referred to in point (366) of the Guidelines.

  1. Is the aid provided in the form of subsidised services?

☐yes ☐no

Please note that pursuant to point (383) of the Guidelines, the aid must be provided in the form of subsidised services, except where the livestock breeder who is the beneficiary of the aid acts also as service provider.

  1. If the aid is provided in other form than the subsidized service, does the livestock breeder who is the beneficiary of the aid also act as service provider?

☐yes ☐no

Please note that this is the only exception from the condition of granting the aid in the form of subsidised services.

  1. Will the aid be paid to economic operators or bodies that fulfil all the following conditions?

(a) they are active downstream from the undertakings active in the livestock sector, and

(b) they provide services linked to the removal and destruction of the fallen stock?

☐yes ☐no

  1. Is the aid granted towards the costs of disposal of slaughterhouse waste?

☐yes ☐no

Please note that pursuant to point (385) of the Guidelines, the Commission will not authorise aid for fallen stock given to operators active in the processing of agricultural products and the marketing of agricultural products and aid towards the costs of disposal of slaughterhouse waste.

  1. Is the aid granted for investments undertaken in relation to the disposal of slaughterhouse waste?

☐yes ☐no

If the answer is yes, please note that pursuant to point (385) of the Guidelines, State aid for investments undertaken in relation to the disposal of slaughterhouse waste will be examined under the relevant rules applying to investment aid. Therefore, please fill in the relevant notification form.

OTHER INFORMATION

Please indicate any other information considered relevant to the assessment of the measure concerned under this Section of the Guidelines.

…

1.2.1.5.

SUPPLEMENTARY INFORMATION SHEET ON AID TO COMPENSATE FOR THE DAMAGE CAUSED BY PROTECTED ANIMALS

This form must be used by Member States for the notification of any State aid measures which are designed to compensate for damage caused by protected animals as described in Part II., Section 1.2.1.5. of the Guidelines for State aid in the agricultural and forestry sectors and in rural areas ('the Guidelines').

In addition to this form, please fill in the General Information Sheet for the notification of State aid in the agriculture and forestry sectors and in rural areas, demonstrating the general eligibility conditions for State aid.

  1. Is the aid limited to undertakings active in the primary agricultural production?

☐yes ☐no

  1. Has a beneficiary taken preventive measures, which are proportionate to the risk of damage caused by protected animals in the area concerned?

☐yes ☐no

Please specify the preventive measures taken (such as safety fences where possible, livestock guarding dogs):

…

Please note that pursuant to point (388) of the Guidelines, in order to mitigate the risk of distortions of competition and to provide an incentive for minimising risk, the beneficiaries must provide a minimum contribution. This contribution must take the form of preventive measures, which are proportionate to the risk of damage caused by protected animals in the area concerned. This point should not apply to the first attack of a protected animal in a given area. Moreover, if preventive measures are not reasonably possible, the Member State concerned must demonstrate the impossibility to take such preventive measures in order for the aid to be considered compatible.

If no preventive measures have been put in place, please explain why it is not possible to take such measures or confirm that the aid concerns a first attack:

…

  1. Which protected animal caused the damage for which the compensation is sought?

…

  1. Please describe the damage suffered:

…

  1. Is the aid paid directly to the agricultural undertaking concerned?

☐yes ☐no

  1. Is the aid paid to a producer group or organisation of which that undertaking is a member?

☐yes ☐no

  1. If the aid is paid to a producer group or organisation, please confirm that the amount of aid does not exceed the amount of aid to which that undertaking is eligible.

☐yes ☐no

  1. Is the aid scheme being established within a period of three years following the date of occurrence of the damaging event?

☐yes ☐no

Please specify when did the damaging event occurred: …

Please note that pursuant to point (391) of the Guidelines, the aid scheme must be established within a period of three years from the date of the occurrence of the damaging event.

  1. Please indicate the last date on which aid may be paid out:

…

Please note that pursuant to point (391) of the Guidelines, the aid must be paid out within a period of four years following the date of occurrence of the damaging event.

  1. Is the aid granted only for costs incurred as a direct consequence of the event that caused the damage, as assessed either by a public authority, by an independent expert recognized by the granting authority or by an insurance undertaking?

☐yes ☐no

  1. Please demonstrate a direct causal link between the damage suffered by a beneficiary of aid and the behaviour of the protected animals.

…

  1. Please indicate the eligible costs:

(a) ☐damage for animals killed or plants destroyed;

(b) ☐indirect costs: veterinary costs resulting from the treatment of wounded animals and labour costs related to the search for missing animals; loss of income due to lower production yield linked to attacks by protected animals;

(c) ☐material damage to farm equipment, machinery and farm buildings and stocks;

(d) ☐loss of income.

Please note that aid for investments related to measures to prevent damage caused by protected animals can be granted in accordance with the conditions of Part II., Section 1.1.1.1 of the Guidelines relating to the aid for investments in agricultural holdings.

  1. If the aid is granted to compensate for the damage for animals killed or plant destroyed, as referred to in question 12(a) of this Supplementary Information Sheet, are the eligible costs calculated on the basis of the market value of the animals killed or the plants destroyed?

☐yes ☐no

  1. If the aid is granted to compensate for indirect costs, as referred to in question 12(b) of this Supplementary Information Sheet, please indicate exhaustively all the indirect costs that can be reimbursed:

…

  1. If the aid is granted to compensate for the material damage, as referred to in question 12(c) of this Supplementary Information Sheet, is the calculation of the material damage based on the repair cost or economic value of the affected asset before the event that caused the damage?

☐yes ☐no

  1. Please confirm that the aid does not exceed the repair cost or the decrease in fair market value caused by the event that caused the damage, that is to say, the difference between the asset’s value immediately before and immediately after the event:

☐yes ☐no

  1. Is the loss of income calculated at annual farm production level or at livestock or crop level by subtracting:

(a) the result of multiplying the quantity of the agricultural products produced in the year of the damaging event, by the average selling price obtained during that year from

(b) the result of multiplying the average annual quantity of agricultural products produced in the three-year period preceding the damaging event, or a threeyear average based on the five-year period preceding the damaging event, excluding the highest and lowest entry by the average selling price obtained?

☐yes ☐no

  1. Is the damage calculated at the level of the individual beneficiary?

☐yes ☐no

  1. Are the costs not incurred by the damaging event, which would otherwise have been incurred by the beneficiary, and any revenue made by the sale of the products linked to the animals killed or plants destroyed by the protected animals, deducted from the amount of the aid?

☐yes ☐no

  1. Please indicate the aid intensity:

..... % of the eligible costs;

..... % of the total indirect eligible costs.

  1. Is the aid, including payments under other national or Union measures or insurance policies for the damage for which the aid is granted, limited to 100 % of the eligible costs?

☐yes ☐no

OTHER INFORMATION

Please indicate any other information considered relevant to the assessment of the measure concerned under this Section of the Guidelines.

…

1.2.1.6.

SUPPLEMENTARY INFORMATION SHEET ON AID FOR THE PAYMENT OF INSURANCE PREMIUMS

This form must be used for the notification of any State aid schemes designed to compensate for the payment of insurance premiums as described in Part II., Section 1.2.1.6. of the Guidelines for State aid in the agricultural and forestry sectors and in rural areas ('the Guidelines').

In addition to this form, please fill in the General Information Sheet for the notification of State aid in the agriculture and forestry sectors and in rural areas, demonstrating the general eligibility conditions for State aid.

  1. Is the aid limited to undertakings active in agricultural primary production?

☐yes ☐no

Please note that pursuant to point (403) of the Guidelines, Section 1.2.1.6. of the Guidelines applies only to undertakings active in agricultural primary production.

  1. Please confirm that the measure does not constitute a barrier to the operation of the internal market for insurance services:

☐yes ☐no

Please note that pursuant point (404) of the Guidelines the aid must not constitute a barrier to the operation of the internal market for insurance services.

  1. Is the aid limited to insurance provided by a single insurance company or group of companies?

☐yes ☐no

Please note that pursuant point (404) of the Guidelines the aid must not be limited to insurance provided by a single insurance company or group of companies.

  1. Is the aid made subject to the condition that the insurance contract must be taken out with a company established in the Member State?

☐yes ☐no

Please note that pursuant point (404) of the Guidelines the aid must not be made conditional on the insurance contract being taken out with a company established in the Member State concerned.

  1. Does the aid cover a re-insurance?

☐yes ☐no

Please note that pursuant to point (405) of the Guidelines, the Commission will examine the reinsurance schemes on a case-by-case basis.

Therefore, if the answer to this question is yes, please provide all necessary information to enable the Commission to check possible aid components at the different levels involved (that is to say, at the level of the insurer and/or re-insurer) and the compatibility of the proposed aid with the internal 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.

  1. Please indicate the eligible costs:

(a) ☐the costs of insurance premium for insurance to cover the damage caused by natural disasters or exceptional occurrences, adverse climatic events which can be assimilated to a natural disaster, animal diseases, plant pests and invasive alien species, the removal and destruction of fallen stock and damage caused by protected animals, as referred to in Sections 1.2.1.1, 1.2.1.2, 1.2.1.3, 1.2.1.4 and 1.2.1.5 of the Guidelines, as well as by other adverse climatic events;

Please specify the risk event covered by the insurance: …

(b) ☐the costs of insurance premium for insurance to cover the losses caused by environmental incidents;

  1. Is the insurance for which the aid is granted, limited to compensating for not more than the cost of making good the damage caused by the events referred to in question 6?

☐yes ☐no

Please note that pursuant to point (407) of the Guidelines, the insurance may compensate only the cost of making good the damage referred to in point (406) of the Guidelines.

  1. Does the insurance require or specify the type or quantity of future production?

☐yes ☐no

Please note that pursuant point (407) of the Guidelines, the insurance may not require or specify the type or quantity of future production.

  1. If the aid is granted for insurance premiums for insurance against losses caused by environmental incidents, has the occurrence of the environmental incident been formally recognised as such by the competent authority of the Member State?

☐yes ☐no

  1. Where the aid is granted for insurance premiums for insurance against losses caused by environmental incidents, has the Member State established in advance criteria on the basis of which the formal recognition referred to in question 9 of this Supplementary Information Sheet is deemed to be granted?

☐yes ☐no

  1. Have indexes, referred to in points (337) and (338) of the Guidelines, been used in order to calculate the annual agricultural production of the beneficiary and the extent of the loss?

☐yes ☐no

  1. Please specify the aid intensity:

..... % of the costs of the insurance premium;

..... % of the costs of the insurance premium for insurance covering the removal of fallen stock;

..... % of the cost of the insurance premium as regards insurance premiums for the destruction of such fallen stock.

Please note that pursuant to point (411) of the Guidelines, the aid intensity must not exceed 70 % of the cost of the insurance premium. In respect of aid for the removal and destruction of fallen stock, the aid intensity must not exceed 100 % of the cost of the insurance premium as regards insurance premiums for the removal of fallen stock and 75 % of the cost of the insurance premium as regards insurance premiums for the destruction of such fallen stock.

  1. Will the amount of the insurance premium eligible for aid be limited by the application of a ceiling?

☐yes ☐no

If the answer is yes, please specify the ceiling:

…

OTHER INFORMATION

Please indicate any other information considered relevant to the assessment of the measure concerned under this Section of the Guidelines.

…

1.2.1.7.

SUPPLEMENTARY INFORMATION SHEET ON AID FOR FINANCIAL CONTRIBUTIONS TO MUTUAL FUNDS

This form must be used for the notification of any State aid schemes designed to compensate for financial contributions to mutual funds as described in Part II., Section 1.2.1.7. of the Guidelines for State aid in the agricultural and forestry sectors and in rural areas ('the Guidelines').

In addition to this form, please fill in the General Information Sheet for the notification of State aid in the agriculture and forestry sectors and in rural areas, demonstrating the general eligibility conditions for State aid.

  1. Is the aid limited to undertakings active in the agricultural primary production?

☐yes ☐no

Please note that pursuant to point (414) of the Guidelines, Section 1.2.1.7. of the Guidelines applies only to undertakings active in agricultural primary production.

  1. Has the mutual fund been accredited by the competent authority in accordance with national law?

☐yes ☐no

  1. Does the mutual fund have a transparent policy towards payments into and withdrawals from the fund?

☐yes ☐no

  1. Does the mutual fund have clear rules attributing responsibilities for any debts incurred?

☐yes ☐no

Please note that pursuant point (415) of the Guidelines, the conditions set out in questions 2, 3 and 4 are cumulative.

  1. Have rules for the constitution and management of the mutual fund been defined, in particular for the granting of compensation payments, as well as for the administration and monitoring of compliance with those rules?

☐yes ☐no

  1. Do the mutual fund arrangements provide for penalties in case of negligence on the part of the beneficiary?

☐yes ☐no

  1. Please specify the eligible costs:

(a) ☐costs of the financial contributions to mutual funds to pay compensation to farmers for damage caused by natural disasters or exceptional occurrences, adverse climatic events which can be assimilated to a natural disaster, animal diseases, plant pests and invasive alien species, the removal and destruction of fallen stock and damage caused by protected animals, as referred to in Sections 1.2.1.1, 1.2.1.2, 1.2.1.3, 1.2.1.4 and 1.2.1.5, and by other adverse climatic events;

Please specify the risk event covered by the financial contribution to a mutual fund:

…

(b) ☐costs of the financial contributions to mutual funds to pay compensation to farmers for damage caused by environmental incidents.

  1. Do the financial contributions relate only to the amounts paid by the mutual fund as financial compensation to undertakings active in the primary agricultural production?

☐yes ☐no

  1. Where the aid is granted for financial contributions to mutual funds to pay compensation for the damages caused by environmental incidents, has the occurrence of the environmental incident been formally recognised as such by the competent authority of the Member State?

☐yes ☐no

Please note that pursuant to point (418) of the Guidelines, the occurrence of the environmental incident must be formally recognised as such by the competent authority of the Member State.

  1. Where the aid is granted for financial contributions to mutual funds to pay compensation for the damages caused by environmental incidents, has the Member State established in advance criteria on the basis of which the formal recognition referred to is deemed to be granted?

☐yes ☐no

  1. Have indexes, referred to in points (337) and (338) of the Guidelines been used in order to calculate the annual agricultural production of the beneficiary and the extent of the loss?

☐yes ☐no

  1. Please specify the aid intensity:

..... % of the eligible costs.

Please note that pursuant to point (421) of the Guidelines, the aid must not exceed 70 % of the eligible costs.

OTHER INFORMATION

Please indicate any other information considered relevant to the assessment of the measure concerned under this Section of the Guidelines.

…

1.3.1.

SUPPLEMENTARY INFORMATION SHEET FOR AID FOR CLOSING PRODUCTION CAPACITY

This form must be used for the notification of State aid for closing production capacity as described in Part II., Section 1.3.1. of the Guidelines for State aid in the agricultural and forestry sectors and in rural areas ('the Guidelines').

In addition to this form, please fill in the General Information Sheet for the notification of State aid in the agriculture and forestry sectors and in rural areas, demonstrating the general eligibility conditions for State aid.

  1. CLOSING OF CAPACITY FOR ANIMAL, PLANT OR HUMAN HEALTH, SANITARY, ETHICAL, ENVIRONMENTAL OR CLIMATE REASONS (Part II., Section 1.3.1.1. of the Guidelines)

1.1.

Please specify the reason for the closing of capacity?

(a) ☐animal health;

(b) ☐plant health;

(c) ☐human health;

(d) ☐sanitary reasons;

(e) ☐ethical reasons;

(f) ☐environmental or climate reasons.

Please describe the reason(s) in more details:

…

1.2.

Is the measure intended as the aid scheme or as individual aid?

(a) ☐aid scheme;

(b) ☐individual aid.

If the measure is the aid scheme, please confirm that the aid will be accessible to all eligible undertakings:

☐yes ☐no

1.3.

Please specify whether the aid is granted for:

(a) ☐complete closure of capacity;

(b) ☐partial closure of capacity.

If the aid is granted for the partial closure of capacity, please justify:

…

1.4.

Does the beneficiary provide a minimum contribution in the form of a definitive and irrevocable commitment to scrap or irrevocably close the production capacity concerned?

☐yes ☐no

Please note that pursuant to point (425) of the Guidelines, the beneficiary must provide a minimum contribution in the form of a definitive and irrevocable decision to scrap or irrevocably close the production capacity concerned. Legally binding commitments must be obtained from the beneficiary that the closure of the production capacity concerned is definitive and irreversible and that the beneficiary will not start the same activity elsewhere. Those commitments must also be binding on any future purchaser of the land or facility concerned.

1.5.

Is the aid limited to undertakings that have been actually producing, and to production capacities that have been actually in constant use over the past five years before the closing of capacity?

☐yes ☐no

Please note that pursuant to point (426) of the Guidelines, only undertakings that have actually been producing, and only production capacities that have actually been in constant use over the past five years before the closing of capacity are eligible for aid. In cases where the production capacity has already closed definitively, or where such closure appears inevitable, no minimal (sufficient) contribution effort is present from the beneficiary, and aid may not be granted.

1.6.

Is the aid limited to undertakings that fulfil Union standards?

☐yes ☐no

Please note that pursuant to point (428) of the Guidelines, only undertakings fulfilling Union standards are eligible for aid. Undertakings which do not fulfil Union standards and which would be obliged to stop production anyway are excluded.

1.7.

Will the open farmland taken out of production be afforested or turned into nature area within a period of two years?

☐yes ☐no

Please note that pursuant to point (429) of the Guidelines, in order to avoid erosion and other negative effects on the environment, open farmland taken out of production must in principle be afforested or turned into nature area within a period of two years and in such a way as to ensure that negative effects on the environment are avoided. To prevent negative climatic effects, agricultural land reconverted to wetland or peatland should not be afforested inappropriately.

1.8.

Where the open farmland may be re-used after 20 years following effective capacity closure, will such farmland be, until then, maintained in good agricultural and environmental condition in accordance with the GAEC standards established under Title III, Chapter I, Section 2, of Regulation (EU) 2021/2115

Regulation (EU) 2021/2115 of the European Parliament and of the Council of 2 December 2021 establishing rules on support for strategic plans to be drawn up by Member States under the common agricultural policy (CAP Strategic Plans) and financed by the European Agricultural Guarantee Fund (EAGF) and by the European Agricultural Fund for Rural Development (EAFRD), OJ L 435, 6.12.2021, p.1.

and with the relevant implementing rules.in such a way as to ensure that negative effects on the environment are avoided?

☐yes ☐no

1.9.

Please confirm that where the closure of installations falls within the scope of Directive 2010/75

Directive 2010/75/EU of the European Parliament and of the Council of 24 November 2010 on industrial emissions (integrated pollution prevention and control) ,OJ L 334 of 17.12.2010, p. 17.

, such closure will be carried out in accordance with Articles 11 and 22 of that Directive.

☐yes ☐no

1.10.

Please specify the eligible costs:

(a) ☐loss of value of assets measured as the current selling value of the assets;

(b) ☐incentive payment of maximum 20 % of the value of the assets, where the capacity is closed for environment or climate reasons;

(c) ☐costs of destruction of the production capacity;

(d) ☐obligatory social costs resulting from the implementation of the closure decision.

Please note that the aid for afforestation and the conversion of land into nature areas must be granted in accordance with the rules set out in Part II., Sections 2.1.1 and 2.1.2. of the Guidelines and the rules on aid for non-productive investment set out in Part II., Section 1.1.1.1. of the Guidelines.

1.11.

Please indicate the aid intensity:

(a) ..... % for compensation for the loss of value of assets, for compensation for the costs of destruction of the production capacity and to offset the obligatory social costs resulting from the implementation of the closure decision;

(b) ..... % for compensation for the loss of value of assets where the capacity is closed for environmental or climate reasons.

  1. CLOSING OF CAPACITY FOR OTHER REASONS (Part II., Section 1.3.1.2. of the Guidelines)

2.1.

Please specify the reason for the closing of capacity:

(a) ☐restructuring of a sector;

(b) ☐diversification;

(c) ☐early retirement.

2.2.

Is the measure intended as the aid scheme or as individual aid?

(a) ☐aid scheme;

(b) ☐individual aid.

If the measure is the aid scheme, please confirm that the aid will be accessible to all economic operators in the sector concerned under the same conditions:

☐yes ☐no

2.3.

Please specify whether the aid is granted for:

(a) ☐complete closure of capacity;

(b) ☐partial closure of capacity.

If the aid is granted for the partial closure of capacity, please justify:

…

2.4.

Does the beneficiary provide a minimum contribution in the form of a definitive and irrevocable commitment to scrap or irrevocably close the production capacity concerned?

☐yes ☐no

Please note that pursuant to point (425) of the Guidelines, the beneficiary must provide a minimum contribution in the form of a definitive and irrevocable decision to scrap or irrevocably close the production capacity concerned. Legally binding commitments must be obtained from the beneficiary that the closure of the production capacity concerned is definitive and irreversible and that the beneficiary will not start the same activity elsewhere. Those commitments must also be binding on any future purchaser of the land or facility concerned.

2.5.

Is the aid limited to undertakings that have been actually producing, and to production capacities that have actually been in constant use over the past five years before the closing of capacity?

☐yes ☐no

Please note that pursuant to point (426) of the Guidelines, only undertakings that have actually been producing, and only production capacities that have actually been in constant use over the past five years before the closing of capacity are eligible for aid. In cases where the production capacity has already closed definitively, or where such closure appears inevitable, no minimal (sufficient) contribution effort is present from the beneficiary, and aid may not be granted.

2.6.

Is the aid limited to undertakings that fulfil Union standards?

☐yes ☐no

Please note that pursuant to point (428) of the Guidelines, only undertakings fulfilling Union standards are eligible for aid. Undertakings which do not fulfil Union standards and which would be obliged to stop production anyway are excluded.

2.7.

Will the open farmland taken out of production be afforested or turned into nature area within a period of two years?

☐yes ☐no

Please note that pursuant to point (429) of the Guidelines, in order to avoid erosion and other negative effects on the environment, open farmland taken out of production must in principle be afforested or turned into nature area within a period of two years and in such a way as to ensure that negative effects on the environment are avoided. To prevent negative climatic effects, agricultural land reconverted to wetland or peatland should not be afforested inappropriately.

2.8.

Where the open farmland may be re-used after 20 years following effective capacity closure, will such farmland be, until then, maintained in good agricultural and environmental condition in accordance with the GAEC standards established under Title III, Chapter I, Section 2, of Regulation (EU) 2021/2115 and with the relevant implementing rules.in such a way as to ensure that negative effects on the environment are avoided?

☐yes ☐no

2.9.

Please confirm that where the closure of installations falls within the scope of Directive 2010/75, such closure will be carried out in accordance with Articles 11 and 22 of that Directive:

☐yes ☐no

2.10.

Please confirm that no aid is granted which would interfere with the mechanisms of the common organisation of the markets in agricultural products:

☐yes ☐no

2.11.

Is the aid granted for a sector, which is subject to production limits or quotas?

☐yes ☐no

If the answer is yet, please not that pursuant to point (440) of the Guidelines, aid schemes applying to sectors which are subject to production limits or quotas will be evaluated on a case-by-case basis.

2.12.

Is the aid part of a programme which has defined objectives and a specific timetable aimed at restructuring the sector(s), at diversification or at early retirement:

☐yes ☐no

Please describe the programme:

…

2.13.

Is the duration of the planned aid scheme limited to a period of not more than six months for collecting applications for participation and a further 12 months for actually closing down?

☐yes ☐no

If the duration is longer than prescribed above, please justify it:

…

Please note that pursuant to point (442) of the Guidelines, in order to ensure rapid impact on the market, the Commission will not accept aid schemes with duration of more than three years, since experience has shown that such aid schemes may result in the postponement of the necessary changes.

2.14.

Does the Member State use a transparent and open system of calls for interest which publicly invites all potentially interested undertakings to participate?

☐yes ☐no

Please note that pursuant to point (443) of the Guidelines, in order to achieve maximum impact, the Member State must use a transparent and open system of calls for interest which publicly invites all potentially interested undertakings to participate.

2.15.

Is the organisation of the aid scheme managed in such a way that it neither requires nor facilitates anticompetitive agreements or concerted practices between the undertakings concerned?

☐yes ☐no

2.16.

Please indicate the aid intensity:

….. % for compensation for the loss of value of assets, for compensation for the costs of destruction of the production capacity and to offset the obligatory social costs resulting from the implementation of the closure decision;

Please note that pursuant to points (436)(a) and (444) of the Guidelines, aid may be granted up to 100 % for compensation for the loss of value of assets, for compensation for the costs of destruction of the production capacity and to offset the obligatory social costs resulting from the implementation of the closure decision

OTHER INFORMATION

Please indicate any other information considered relevant to the assessment of the measure concerned under these Sections of the Guidelines.

…

1.3.2.

SUPPLEMENTARY INFORMATION SHEET ON AID FOR THE RELOCATION OF FARMING ACTIVITIES

This information sheet relates to State aid for the relocation of farming activities as described in Part II., Section 1.3.2. of the Guidelines for State aid in the agricultural and forestry sectors and in rural areas ('the Guidelines').

In addition to this form, please fill in the General Information Sheet for the notification of State aid in the agriculture and forestry sectors and in rural areas, demonstrating the general eligibility conditions for State aid.

  1. Is the aid granted to undertakings active in primary agricultural production?

☐yes ☐no

Please note that pursuant to point (446) of the Guidelines, Section 1.3.2. of the Guidelines applies to undertakings active in primary agricultural production.

  1. Does the relocation of the farming activities pursue an objective of public interest?

☐yes ☐no

Please specify the public interest pursued by the aid measure:

…

Please note that pursuant to point (447) of the Guidelines, the public interest invoked to justify the granting of aid under this Section must be specified in the relevant provisions of the Member State concerned.

  1. Does the beneficiary commit to return the abandoned site to an environmentally satisfactory state, including the dismantling and destruction of the facilities present on the abandoned site?

☐yes ☐no

Please note that pursuant to point (447) of the Guidelines, as a minimum contribution, the beneficiary must provide a commitment to return the abandoned site to an environmentally satisfactory state, including the dismantling and destruction of the facilities present on the abandoned site.

  1. Please indicate the eligible costs:

(a) ☐costs of the dismantling, removal and re-building operations or of the takeover of other existing facilities;

(b) ☐costs of returning the abandoned site to the environmentally satisfactory state;

(c) ☐investments in modernisation of the facilities and in an increase in production capacity;

(d) ☐activities close to rural settlements, with a view to improving the quality of life or increasing the environmental performance of the rural settlement and concerning small-scale infrastructures.

  1. Please indicate the maximum aid intensity:

..... % of the real costs of the dismantling, removal and re-building operations or of the takeover of other existing facilities and of the costs of returning the abandoned site to the environmentally satisfactory state;

Please note that pursuant to point (449) (a) of the Guidelines, where the relocation of the farming activities consists of the dismantling, removal and re-building operations or of the takeover of other existing facilities, and of returning the abandoned site to the environmentally satisfactory state, the aid intensity may reach up to 100 % of the real costs incurred.

..... % of the investment costs relating to the modernisation of the facilities or the increase of the production capacity;

Please note that pursuant to point (449) (b) of the Guidelines, where the relocation results in a modernisation of the facilities or in an increase in production capacity, the aid intensities for investments, referred to in points (159), (160), (161) and (162) of the Guidelines apply in respect to the costs relating to the modernisation of the facilities or the increase of the production capacity.

..... % of the costs of relocation activities close to rural settlements, with a view to improving quality of life or increasing environmental performance of the settlement, and concerning small-scale infrastructures:

Please note that pursuant to point (449) (c) of the Guidelines, where the relocation concerns activities close to rural settlements, with a view to improving the quality of life or increasing the environmental performance of the rural settlement and concerns small-scale infrastructures, the aid intensity may reach up to 100 % of the eligible costs.

OTHER INFORMATION

Please indicate any other information considered relevant to the assessment of the measure concerned under this Section of the Guidelines.

…

1.3.3.

SUPPLEMENTARY INFORMATION SHEET ON AID TO THE LIVESTOCK SECTOR

This form must be used for the notification of any State aid measures designed to support the livestock sector as described in Part II., Section 1.3.3. of the Guidelines for State aid in the agriculture and forestry sectors and in rural areas (the Guidelines).

In addition to this form, please fill in the General Information Sheet for the notification of State aid in the agriculture and forestry sectors and in rural areas, demonstrating the general eligibility conditions for State aid.

  1. Is the aid granted only to undertakings which are SMEs active in agricultural primary production?

☐yes ☐no

Please note that pursuant to points (22) and (451) of the Guidelines, the Commission will not authorise State aid towards the costs covered by Part II., Section 1.3.3. of the Guidelines in favour of large enterprises.

  1. Is the aid provided in the form of a subsidised service?

☐yes ☐no

Please note that pursuant to point (452) of the Guidelines, aid should be provided in the form of subsidised services and should not involve direct payments to the beneficiaries.

  1. Please indicate the eligible costs:

(a) ☐the administrative costs of the establishment and maintenance of herd books:

☐

costs for the collection and administration of data on animals, for example, the origin of an animal, its date of birth, its date of insemination, its date of death and reasons for it and the expert's evaluation, actualisation and processing of the data necessary for the establishment and maintenance of breeding books;

☐

costs for the administrative works relating to the registration of relevant data on animals in the breeding books;

☐

costs for the update of software for managing data in the breeding books;

☐

costs for the on-line publication of information about breeding books and of data from the breeding books;

☐

other related administrative costs;

(b) ☐tests to determine the genetic quality or yield of livestock, performed by or on behalf of third parties:

☐

costs for tests or controls;

☐

related costs of the collection and evaluation of the data received from such tests and controls with regard to increasing the animal health and the level of environmental protection;

☐

related costs of the collection and evaluation of the data received from such tests and controls aiming at assessing the genetic quality of animals for the implementation of advanced breeding techniques and for keeping the genetic diversity;

☐

administrative costs related to the three categories of costs set out above in this point.

Please note that in compliance with point (453) of the Guidelines, controls undertaken by the owner of the livestock and routine controls of milk quality are excluded from the aid.

  1. Please specify the maximum aid intensity:

☐

..... % of the costs of financing of the administrative costs of the establishment and maintenance of breeding books referred to in question 3(a) of this Supplementary Information Sheet;

☐

..... % of the costs of tests performed by or on behalf of third parties, to determine the genetic quality or yield of livestock, referred to in question 3(b) of this Supplementary Information Sheet.

OTHER INFORMATION

Please indicate any other information considered relevant to the assessment of the measure concerned under this Section of the Guidelines.

…

1.3.4.

SUPPLEMENTARY INFORMATION SHEET ON AID FOR THE PROMOTION MEASURES IN FAVOUR OF AGRICULTURAL PRODUCTS

This form must be used for State aid for the promotion measures in favour of agricultural products as described in Part II., Section 1.3.4. of the Guidelines for State aid in the agricultural and forestry sectors and in rural areas ('the Guidelines').

In addition to this form, please fill in the General Information Sheet for the notification of State aid in the agriculture and forestry sectors and in rural areas, demonstrating the general eligibility conditions for State aid.

  1. Please indicate whether the aid is granted in favour of:

(a) ☐agricultural products;

(b) ☐food products based on agricultural products, listed in Annex I to Regulation (EU) 1144/2014

EUR-Lex - 32014R1144 - EN - EUR-Lex (europa.eu).

.

If the aid is granted for the promotion of the food-based product(s) listed in Annex I to Regulation (EU) 1144/2014, please specify those products:

…

  1. Please specify whether the promotion activity is designed to:

(a) ☐inform the public about the characteristics of agricultural products, for example, by organising competitions, by participating in trade fairs and public relations activities, by the vulgarisation of scientific knowledge or by publications with factual information; or

(b) ☐encourage economic operators or consumers to buy the agricultural product in question by way of promotion campaigns.

  1. Where will the promotion activity be carried out?

(a) ☐in the internal market;

(b) ☐in third countries;

  1. Is the aid granted for organisation of competitions, trade fairs or exhibitions limited to SMEs?

☐yes ☐no

  1. Please indicate whether the aid is granted in favour of the promotion that:

(a) ☐relates specifically to products covered by quality schemes; or

(b) ☐is generic in character and for the benefit of all producers of the type of product concerned.

  1. Does a promotion campaign comply with Regulation (EU) No 1169/2011

EUR-Lex - 32011R1169 - EN - EUR-Lex (europa.eu)

, and, where appropriate, with the specific labelling rules laid down for various products?

☐yes ☐no

Please specify the applicable labeling rules:

…

  1. Does the notification include samples or mock-ups of the promotion materials?

☐yes ☐no

  1. If such a promotion material is not yet available, does the Member State commit to provide this material at a later stage and in any case before the launching of the promotion campaign?

☐yes ☐no

  1. Where the promotion activity is undertaken by producer groups and organisations, is the participation conditional on membership to such producer groups and organisations?

☐yes ☐no

Please note that pursuant to point (464) of the Guidelines, the provision of promotion measures may be undertaken by producer groups or other organisation regardless of their size. Where the promotion measure is undertaken by producer groups or other organisations, participation must not be made conditional on membership to those groups or organisations.

  1. If the answer to the previous question is yes, is any contribution in terms of administration fees for the group or organisation limited to the cost of providing the promotion measure?

☐yes ☐no

  1. Does the annual budget of the aided promotion campaign exceed EUR 5 million?

☐yes ☐no

If the answer is yes, please note that pursuant to point (463) of the Guidelines, the promotion campaign exceeding the notification threshold EUR 5 million, referred to in point (35)(b) must be notified individually.

  1. Please indicate the form of the aid:

(a) ☐subsidised service;

(b) ☐reimbursement of real costs incurred by the beneficiary;

(c) ☐in cash, where aid is granted for a symbolic prize.

Please note that pursuant to point (466) of the Guidelines, aid for promotion campaigns must be granted only in the form of subsidised services.

  1. Where the aid for symbolic prizes is paid to the provider of the promotion measure, will such aid be paid only if the prize has been actually granted and upon presentation of a proof of the award?

☐yes ☐no

  1. Will the promotion campaign be earmarked for quality products covered by a quality scheme as referred to in point (274) of the Guidelines?

☐yes ☐no

  1. Please indicate the eligible costs:

(a) ☐costs related to the organisation of and participation in competitions, trade fairs and exhibitions:

☐

participation fees;

☐

travel costs and costs for the transportation of products concerned by the participation in competitions, trade fairs and exhibitions;

☐

costs of publications and websites announcing the event;

☐

the rent of premises and stands and costs of their installation and dismantling;

☐

symbolic prizes up to a value of EUR 3000 per prize and per winner of a competition.

(b) ☐the costs of publications in print and electronic media, websites, and spots in electronic media, on radio or television, aimed at presenting factual information about producers from a given region or producers of a given product;

Please confirm that such information is neutral and all producers have equal opportunities to be represented in the publication:

☐yes ☐no

(c) ☐the costs of the dissemination of scientific knowledge and factual information on:

☐

quality schemes referred to in point (274) open to agricultural products from other Member States and third countries;

☐

generic agricultural products and their nutritional benefits and suggested uses for them;

(d) ☐the costs of consumer-targeted promotion campaigns organised in the media or at retail outlets and the costs of all promotion material distributed directly to consumers.

  1. Is the aid for the costs related to the organisation of and participation in competitions, trade fairs and exhibitions, referred to in question 15(a) of this Supplementary Information Sheet accessible to all those eligible in the area concerned, based on objectively defined conditions?

☐yes ☐no

Reference to particular undertaking, brand name or origin:

  1. Please confirm that where the aid is granted for promotion activities referred to in point (468)(c) of the Guidelines and promotion campaigns referred to in point (468)(d) of the Guidelines, in particular those that are generic in character and for the benefit of all producers of the type of product concerned as referred to in point (468)(b) of the Guidelines, such promotion activities will not mention any particular undertaking, brand name or origin:

☐yes ☐no

  1. Please confirm that where the aid is granted for the consumer-targeted promotion campaigns organised in the media or at retail outlets, referred to in point (468)(d) of the Guidelines, such promotion activity will not be earmarked for products of one or more particular company or companies:

☐yes ☐no

  1. In derogation from questions 17 and 18 of this Supplementary Information Sheet, if the aid is granted in favour of the promotion activities which contain the reference to origin, please indicate the reason:

(a) ☐aid is granted for the promotion activities and promotion campaigns referred to respectively in point (468)(c) and (d) of the Guidelines, which relate specifically to products covered by quality schemes as referred to in point (274) of the Guidelines and which fulfil the following conditions:

(i) ☐the promotion activity or the promotion campaign relates specifically to Union-recognised denominations referred to in Title II of Regulation (EU) No 1151/2012

EUR-Lex - 32012R1151 - EN - EUR-Lex (europa.eu)

. In this case, the reference to the origin of the products in the promotion activity or campaign must correspond exactly to that registered by the Union;

(ii) ☐the promotion activity or the promotion campaign concerns products covered by quality schemes other than schemes for Union-recognised denominations referred to in Title II of Regulation (EU) No 1151/2012. In this case, the origin of the products must be secondary in the message.

(b) ☐aid is granted for the promotion activities and promotion campaigns on local markets or that relate to products on local markets, the objective of which is to preserve the agricultural community and which fulfil the following conditions:

(i) ☐the indication of origin of the product is secondary in the main message;

(ii) ☐the promotion activity or the promotion campaign is proportionate to the objective pursued.

  1. Please confirm that any reference to the origin:

☐

will not be discriminatory;

☐

will not aim at encouraging the consumption of the agricultural product on the sole ground of its origin;

☐

will respect the general principles of Union law; and

☐

will not amount to a restriction of the free movement of agricultural products in breach of Article 34 of the Treaty.

  1. Please indicate the aid intensity:

..... % of the eligible costs referred to in point (468)(a), (b) and (c) of the Guidelines;

Please note that pursuant to point (471) of the Guidelines, the aid intensity for eligible costs referred to in point (468)(a), (b) and (c) of the Guidelines, must not exceed 100 % of the eligible costs.

..... % of the eligible costs of the promotion campaigns relating specifically to products covered by quality schemes, as referred to in point (468)(d) of the Guidelines;

Please note that pursuant to point (472) of the Guidelines, the aid intensity for promotion campaigns relating specifically to products covered by quality schemes, as referred to in point (468)(d) of the Guidelines in conjunction with point (460) (a) of the Guidelines, must not exceed 50 % of the eligible costs of the campaign. The aid may be granted up to 100 % of the eligible costs if the sector contributes at least 50 % of the costs.

..... % of the eligible costs of the promotion campaigns relating specifically to products covered by quality schemes, as referred to in point (468)(d) of the Guidelines, where the promotion activity is carried out in third countries;

Please note that pursuant to point (472) of the Guidelines, the aid intensity for promotion campaigns in third countries relating specifically to products covered by quality schemes, as referred to in point (468)(d) of the Guidelines in conjunction with point (460) (a) of the Guidelines, must not exceed 80 % of the eligible costs.

..... % of the eligible costs of generic promotion campaigns referred to in point (468)(d) of the Guidelines;

Please note that pursuant to point (473) of the Guidelines, the aid intensity for generic promotion campaigns, referred to in point (468)(d) of the Guidelines in conjunction with point (460)(b) of the Guidelines, must not exceed 100 % of the eligible costs.

OTHER INFORMATION

Please indicate any other information considered relevant to the assessment of the measure concerned under this Section of the Guidelines.

…

1.3.5.

SUPPLEMENTARY INFORMATION SHEET ON AID FOR THE OUTERMOST REGIONS AND THE SMALLER AEGEAN ISLANDS

This form must be used by Member State to notify State aids for the outermost regions and the smaller Aegean islands, as referred to in Part II., Section 1.3.5.of the Guidelines for State aid in the agriculture and forestry sectors and in rural ('the Guidelines').

In addition to this form, please fill in the General Information Sheet for the notification of State aid in the agriculture and forestry sectors and in rural areas, demonstrating the general eligibility conditions for State aid.

If the aid for the outermost regions and the smaller Aegean Islands is related to other Section of the Guidelines, please fill in the Supplementary Information Sheet corresponding the type of aid notified.

  1. Is the aid granted in favour of the agricultural sector as defined in point (33)9 of the Guidelines?

☐yes ☐no

Pursuant to point (475) of the Guidelines, Section 1.3.5. of the Guidelines applies to the whole agricultural sector as defined in point (33)9 of the Guidelines.

  1. Please indicate the eligible costs:

(a) ☐additional transport costs of agricultural products which have been produced in the outermost regions and in the smaller Aegean islands;

(b) ☐other costs.

  1. Where the aid is granted for additional transport costs, referred to in question 2 (a) of this Supplementary Information Sheet, does such aid fulfil the following conditions?

(a) ☐the beneficiaries have their production activity in the outermost regions or in the smaller Aegean islands;

(b) ☐the aid is objectively quantifiable in advance on the basis of a fixed sum or per ton/kilometer ratio or any other relevant unit;

(c) ☐the additional transport costs are calculated on the basis of the journey of the products inside the national border of the Member State concerned using the means of transport which results in the lowest costs for the beneficiary, taking into account the external costs to the environment;

(d) ☐for outermost regions, the eligible additional transport costs may include the costs of transporting agricultural products from the place of their production to locations in outermost areas where they are further processed.

  1. Where the aid is granted for the other costs, referred to in question 2 (b) of this Supplementary Information Sheet, please specify the costs for which the aid can be granted:

…

Please note that pursuant to point (481) of the Guidelines, the Commission will examine plans to grant State aid for other costs than additional transport costs which is designed to meet the needs of the outermost regions and the smaller Aegean islands on a case-by-case basis, in accordance with the conditions laid down in Part I, Chapter 3, of the Guidelines and the specific legal provisions applying to those regions, and having regard, if applicable, to the compatibility of the measures concerned with the CAP Strategic Plans for the regions concerned, and their effects on competition both in the regions concerned and in other parts of the Union.

Please provide all information, which will allow the Commission to assess such costs as referred to in point (481) of the Guidelines:

…

  1. Please indicate 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:

…

OTHER INFORMATION

Please indicate any other information considered relevant to the assessment of the measure concerned under this Section of the Guidelines.

…

1.3.6.

SUPPLEMENTARY INFORMATION SHEET ON AID FOR AGRICULTURAL LAND CONSOLIDATION

This form must be used for the notification of any State aid measure to cover the costs of agricultural land consolidation as described in Part II., Section 1.3.6. of the Guidelines for State aid in the agriculture and forestry sectors and in rural areas ('the Guidelines').

In addition to this form, please fill in the General Information Sheet for the notification of State aid in the agriculture and forestry sectors and in rural areas, demonstrating the general eligibility conditions for State aid.

  1. Is the aid measure part of a general programme of agricultural land consolidation operations undertaken in accordance with the procedures laid down by the legislation of the Member State?

☐yes ☐no

  1. Do the eligible costs include exclusively the legal, administrative and survey costs of land consolidation?

☐yes ☐no

  1. Please indicate the aid intensity:

..... % of the eligible costs.

Please note that pursuant to point (484) of the Guidelines, the aid intensity must not exceed 100 % of the real costs incurred.

OTHER INFORMATION

Please indicate any other information considered relevant to the assessment of the measure concerned under this Section of the Guidelines.

…

1.3.7.

SUPPLEMENTARY INFORMATION SHEET ON AID FOR RESEARCH AND DEVELOPMENT IN THE AGRICULTURAL SECTOR

This information sheet relates to State aid for research and development in the agricultural sector as described in Part II., Section 1.3.7. of the Guidelines for State aid in the agricultural and forestry sectors and in rural areas ('the Guidelines').

In addition to this form, please fill in the General Information Sheet for the notification of State aid in the agriculture and forestry sectors and in rural areas, demonstrating the general eligibility conditions for State aid.

  1. Is the aid granted in favour of the agricultural sector as defined in point (33)9 of the Guidelines?

☐yes ☐no

Please note that pursuant to point (486) of the Guidelines, aid for research and development, which is not aid granted in favour of the agricultural sector as defined in point (33)9 of the Guidelines and aid for research and development in the agricultural sector which does not fulfil the conditions laid down in Part II., Section 1.3.7. of the Guidelines will be assessed in accordance with the Framework for State aid for research and development and innovation.

  1. Is aided project of interest to all undertakings active in the particular agricultural sector or sub-sector concerned?

☐yes ☐no

  1. Please confirm that prior to the start of the aided project the following information will be published on the internet:

(a) the start date of the aided project:

☐yes ☐no

(b) the goals of the aided project:

☐yes ☐no

(c) an approximate date of the publication of the results expected from the aided project:

☐yes ☐no

(d) the place of publication on the internet of the results expected from the aided project:

☐yes ☐no

(e) a reference that the results are available to all undertakings active in the particular agricultural sector or sub-sector concerned at no cost:

☐yes ☐no

Please provide the internet address:

…

  1. Will the results of the aided project be:

(a) made available on the internet from the end date of the aided project or the date on which any information concerning those results is be given to members of any particular organisation, whatever comes first?

☐yes ☐no

(b) made available on the internet for a period of at least five years from the end date of the aided project?

☐yes ☐no

Please provide the internet address, if different from the address on which information referred to in question 3 of this Information sheet will be published:

…

  1. Is the aid granted directly to the research and knowledge-dissemination organisation?

☐yes ☐no

  1. Please indicate the eligible costs:

(a) ☐personnel costs related to researchers, technicians and other supporting staff to the extent employed on the project;

(b) ☐the costs of instruments and equipment to the extent and for the period used for the project. Where such instruments and equipment are not used for their full life for the project, only the depreciation costs corresponding to the life of the project, as calculated on the basis of generally accepted accounting principles are considered as eligible;

(c) ☐the costs of buildings and land, to the extent and for the duration period used for the project. With regard to buildings, only the depreciation costs corresponding to the life of the project, as calculated on the basis of generally accepted accounting principles are considered as eligible. With regard to land, the costs of commercial transfer or actually incurred capital costs are eligible;

(d) ☐the costs of contractual research, knowledge and patents bought or licensed from outside sources at arm’s length conditions, as well as the costs of consultancy and equivalent services used exclusively for the project;

(e) ☐additional overheads and other operating expenses, including the costs of materials, supplies and similar products, incurred directly as a result of the project.

  1. Please indicate the aid intensity:

..... % of the eligible costs.

Please note that pursuant to point (493) of the Guidelines, the aid intensity must not exceed 100 % of the eligible costs.

OTHER INFORMATION

Please indicate any other information considered relevant to the assessment of the measure concerned under this Section of the Guidelines:

…

  1. SUPPLEMENTARY INFORMATION SHEET ON AIDS FOR THE FORESTRY SECTOR

This form must be used for the notification of any State aid measure

Please note that only measures falling with the definition of State aid and the rules concerning the interpretation of that definition set out in the Commission Notice on the notion of aid must be notified. In the case of uncertainty whether a measure complies with the conditions of State aid, it may be notified for the assessment of the European Commission. Forestry measures in Regulation (EU) No 1305/2013, in principle, are considered to meet all the criteria of State aid.

for the forestry sector covered by Part II., Chapter 2 of the European Union Guidelines for State aid in the agriculture and forestry sectors and in rural areas ('the Guidelines').

In addition to this form, please fill in the General Information Sheet

This condition does not apply to the aid granted in the framework of a strategic plan in accordance with Regulation (EU) 2021/2115.

for the notification of State aid in the agriculture and forestry sectors and in rural areas, demonstrating the general eligibility conditions for State aid, as well as the corresponding forestry form(s) 2.1 to 2.9 depending on the specific type of aid

This requirement does not apply to aid granted in the framework of a strategic plan in accordance with Regulation (EU) 2021/2115.

.

If aid for the forestry sector is to be granted under Union rules common to all sectors or specific to trade and industry, please use the applicable notification form for those sectors when notifying a State aid measure.

  1. GENERAL ELIGIBILITY CRITERIA

1.1.

Is the aid be granted in the framework of a strategic plan in accordance with Regulation (EU) 2021/2115

EUR-Lex - 32021R2115 - EN - EUR-Lex (europa.eu)

?

☐yes ☐no

If the answer is yes, please continue with the following questions.

If the answer is no and the aid is financed exclusively from national resources, please complete the General form (Part I., Chapter 3 of the Guidelines) and the specific form(s) regarding sections 2.1 to 2.9. of this Guidelines.

1.2.

Please indicate the relevant strategic plan (SP) and the measure under which the aid is granted:

SP: …

Measure: …

1.3.

Is the aid granted in favour of working capital?

☐yes ☐no

If the answer is yes, is such aid granted in the form of a financial instrument?

☐yes ☐no

Please note that pursuant to point (499)(b) of the Guidelines, the aid in favour of working capital may be granted only if it is provided in the form of financial instruments.

Please specify the financial instrument(s) used:

…

1.4.

Is the aid granted as operating aid?

☐yes ☐no

If the answer is yes, please note that pursuant to point (499)(c) of the Guidelines, such aid may be considered to be compatible with the internal market only such aid is expressly provided for in the relevant Union legislation.

If that is the case, please refer to the Union legislation concerned:

…

1.5.

Is the aid available to undertakings in difficulty as defined in point 33(63) of the Guidelines?

☐yes ☐no

If the answer is yes, please note that under point (23) of the Guidelines, the Commission considers that when an undertaking is in financial difficulty, given that its very existence is in danger, it cannot be considered an appropriate vehicle for promoting other public policy objectives until such time as its viability is assured. Such aid must therefore comply with the Commission Guidelines on State aid for rescuing and restructuring non-financial undertakings in difficulty, unless it is exempt from the obligation to notify it.

1.6.

Is aid available to undertakings which are subject to an outstanding recovery order following a previous Commission decision declaring an aid illegal and incompatible with the internal market?

☐yes ☐no

If the answer is yes, please note that such aid cannot be declared compatible with the internal market.

1.7.

Is the aid intended for investments in energy efficiency and renewable energies?

☐yes ☐no

If the answer is yes, please note that in accordance with point (496) of the Guidelines such aid is excluded from the scope of Part II., Chapter 2 of the Guidelines as such aid must comply with the Guidelines on State aid for climate, environmental protection and energy 2022

EUR-Lex - C:2022:080:TOC - EN - EUR-Lex (europa.eu)

, except aid related to the use of wood as a raw material or energy source, which are limited to all working operations prior to industrial processing, provided for in point (529) of the Guidelines, or unless it is exempt from notification obligation.

1.8.

Does the aid meet the objectives and fulfil all the conditions, including the conditions concerning the beneficiaries of aid, laid down in Regulation (EU) 2021/2115, and any implementing and delegated acts adopted pursuant to that Regulation?

☐yes ☐no

Please note that the Commission will declare State aid for the forestry sector compatible with Article 107(3)(c) of the Treaty only if the aid complies with the conditions laid down in Regulation (EU) No 1305/2013, except for measures of Sections 2.8 and 2.9 of Chapter 2 of Part II of the Guidelines.

1.9.

Please confirm that the aid is not intended for forest-based industries.

☐yes ☐no

  1. TYPE OF AID

2.1.

☐Investments in forest area development and improvement of the viability of forests.

Please fill in the form .2.1

2.2.

☐Aid for area-specific disadvantages resulting from certain mandatory requirements in forest areas

Please fill in the form .2.2

2.3.

☐Aid for forest-environment and climate services and forest conservation

Please fill in the form 2.3

2.4.

☐Aid for knowledge exchange and information actions in the forestry sector

Please fill in the form 2.4

2.5.

☐Aid for advisory services in the forestry sector

Please fill in the form 2.5

2.6.

☐Aid for cooperation in forestry sector

Please fill in the form 2.6

2.7.

☐Start-up aid for producer groups and organisations in the forestry sector

Please fill in the form 2.7

2.8.

☐Other aid to the forestry sector with ecological, protective and recreational objectives

Please fill in the form 2.8

2.9.

☐Aid in the forestry sector aligned with the agricultural aid measures

Please fill in the form 2.9

OTHER INFORMATION

Please indicate any other information considered relevant to the assessment of the measure concerned.

…

2.1.

SUPPLEMENTARY INFORMATION SHEET ON AID FOR INVESTMENTS IN FOREST AREA DEVELOPMENT AND IMPROVEMENT OF THE VIABILITY OF FORESTS

This information sheet must be used in relation to the State aid for investments in forest area development and improvement of the viability of forests as described in Part II., Section 2.1. of the European Union Guidelines for State aid in the agricultural and forestry sectors and in rural areas ('the Guidelines').

  1. Please confirm that aid will not be granted for:

(a) ☐working capital;

(b) ☐purchase of payment entitlements;

(c) ☐purchase of land for an amount exceeding 10 % of the total eligible expenditure for the operation concerned, except for land purchase for environmental conservation and carbon-rich soil preservation, which may be eligible to a higher rate than 10 %;

(d) ☐interest rate on debt, except in relation to grants given in the form of an interest rate subsidy or guarantee fee subsidy.

  1. Please indicate whether the aid concerns:

☐

Aid for afforestation and creation of woodland. (Section 2.1.1 of the Guidelines)

  1. Please indicate whether the eligible costs concern:

(a) ☐the establishment of forest and woodland on:

☐

agricultural land,

☐

non-agricultural land

(b) ☐an annual premium per hectare to cover the costs of agricultural income foregone and maintenance, including early and late cleanings, for a maximum period determined by the Member State.

Please provide more information as to amounts of aid, the calculation methods and the maximum period for granting aid in the form of an annual premium per hectare:

…

  1. Please confirm that no aid will be granted for the planting of trees for short rotation coppicing, Christmas trees or fast growing trees for energy production and for investments in afforestation which are not consistent with climate and environmental objectives nor with sustainable forest management principles, as developed in the Pan-European Guidelines for Afforestation and Reforestation

Adopted by the Ministerial Conference on the Protection of Forests in Europe on 12-13 November 2008 (https://foresteurope.org/wp-content/uploads/2016/08/Pan-EuropeanAfforestationReforestationGuidelines.pdf).

:

☐yes ☐no

  1. Please confirm that the species planted are adapted to the environmental and climatic conditions of the area and comply with minimum environmental requirements:

☐yes ☐no

  1. Please confirm, and demonstrate with additional description and information, that the aid complies with the following minimum environmental requirements:

(a) ☐the selection of species to be planted, of areas and of methods to be used must avoid the inappropriate afforestation of sensitive habitats such as peat lands and wetlands and negative effects on areas of high ecological value including areas under high natural value farming. On sites designated as Natura 2000 pursuant to Directive 92/43/EEC

EUR-Lex - 31992L0043 - EN - EUR-Lex (europa.eu)

and Directive 2009/147/EC

EUR-Lex - 32009L0147 - EN - EUR-Lex (europa.eu)

only afforestation consistent with the management objectives of the sites concerned and agreed with the Member State's authority in charge of implementing Natura 2000 must be allowed;

(b) ☐the selection of species, varieties, ecotypes and provenances of trees must take account of the need for resilience to climate change and to natural disasters and the pedologic and hydrologic condition of the area concerned, as well as of the potential invasive character of the species under local conditions as defined by Member States. The beneficiary must be required to protect and care for the forest at least during the period for which the premium for agricultural income foregone and maintenance is paid. This must include tending, thinning or grazing, as appropriate, in the interest of the future development of the forest and regulating competition with herbaceous vegetation and avoiding the building up of fire prone undergrowth material. As regards fast-growing species, the Member State must define the minimum and maximum time before felling. The minimum time must not be less than eight years and the maximum must not exceed 20 years;

(c) ☐in cases where, due to difficult soil, environmental or climatic conditions, including environmental degradation, the planting of perennial woody species cannot be expected to lead to the establishment of forest cover as defined in accordance with the applicable national legislation, the Member State concerned may allow the beneficiary to establish other woody vegetation cover such as shrubs or bushes suited to the local conditions. The beneficiary must ensure the same level of care and protection as applicable to forests;

(d) ☐in the case of afforestation operations leading to the creation of forests of a size exceeding a certain threshold, to be defined by Member States, the operation must consist of either of the following:

(i) the planting of ecologically adapted species and/or species resilient to climate change in the bio-geographical area concerned, which have been found, through an assessment of impacts, not to threaten biodiversity and ecosystem services, or to have a negative impact on human health; or

(ii) a mix of tree species which includes either at least 10% of broadleaved trees by area, or a minimum of three tree species or varieties, with the least abundant making up at least 10% of the area.

  1. Please indicate the aid intensity: …

Please note that pursuant to point (508) of the Guidelines, the aid intensity must not exceed 100 % of the eligible costs.

☐

Aid for the establishment, regeneration or renovation of agroforestry systems. (Section 2.1.2. of the Guidelines)

  1. Please confirm that aid may be granted for establishing agro-forestry systems as defined in point (33)(10) of the Guidelines.

☐yes ☐no

Please describe the aid measure:

…

  1. Please indicate whether the eligible costs concern the following:

(a) ☐the establishment, regeneration or renovation of an agroforestry system.

(b) ☐an annual premium per hectare for maintenance.

  1. Please define the duration of the maximum period an annual premium per hectare for maintenance:

…

  1. Please indicate the aid intensity: …

Please note that pursuant to point (513) of the Guidelines, the aid must not exceed 100 % of the eligible costs.

  1. Please indicate the minimum and maximum number of trees per hectare to be planted, and demonstrate that it takes into account the local pedoclimatic conditions and environmental conditions, forestry species and the need to ensure sustainable agricultural use of the land.

…

☐

Aid for the prevention and restoration of damage to forests. (Section 2.1.3. of the Guidelines)

  1. Please indicate whether the eligible costs concern:

(a) ☐the establishment of protective infrastructure (in the case of firebreaks aid may also cover maintenance costs);

Please confirm that no aid will be granted for agriculture related activities in areas covered by agri-environment-climate commitments referred to in Part II, Section 1.1.4. of the Guidelines.

☐yes ☐no

(b) ☐local, small scale prevention activities against fire or other natural hazards, including the costs of the use of grazing animals and transport of the animals;

(c) ☐establishing and improving forest fire, pest, invasive alien species and diseases monitoring facilities and communication equipment;

(d) ☐restoring forestry potential damaged by fires, natural disasters, adverse climatic events which can be assimilated to a natural disaster, other adverse climatic events, plant pests, invasive alien species, catastrophic events and climate change related events.

Please confirm that where damage by adverse climatic events which can be assimilated to a natural disaster or plant pests or invasive alien species, can be linked to climate change, beneficiaries will endeavour to include in the restoration adaptation measures to climate change, in order to minimise damage and losses produced by similar events in the future:

☐yes ☐no

(e) ☐the costs of investments related to maintaining the health of forests.

  1. Please confirm that where aid is granted in favour of restoring forestry potential damaged by fires, natural disasters, adverse climatic events which can be assimilated to a natural disaster, other adverse climatic events, plant pests, invasive alien species, catastrophic events and climate change related events, the aid will be subject to a formal recognition by the competent authority of the Member State that at least one of the events referred to in question 1 (d) of this point has occurred and to the submission by the beneficiaries of proof of appropriate risk management tools to address the potential occurrence of the damaging event in the future where appropriate:

☐yes ☐no

  1. In the case of aid for the prevention of damage to a forest from plant pests or invasive alien species, please provide the scientific evidence and the acknowledgement by a scientific public organisation of the risk of the occurrence of the plant pest or invasive alien species. Where relevant, please provide the list of harmful organisms which may become the plant pest:

…

  1. Please confirm that the eligible operations, related to damage from forest fire or biotic agents are consistent with the forest protection plan established by the Member State and especially with the prevention and restoration actions provided in the forest protection plan:

☐yes ☐no

  1. Please confirm that only forest areas belonging to the forest protection plan established by the Member State are eligible for aid for prevention of fire:

☐yes ☐no

  1. Please confirm that no aid will be granted for the loss of income resulting from fires, natural disasters, an adverse climatic event which can be assimilated to a natural disaster, other adverse climatic events, plant pests, invasive alien species, catastrophic events and climate change related events:

☐yes ☐no

  1. Please indicate the aid intensity: …

Please note that pursuant to point (521) of the Guidelines, the aid must not exceed 100 % of the eligible costs.

Pursuant to point (522) of the Guidelines, aid granted for the eligible costs referred to in point (515)(d) of the Guidelines and any other payments received by the beneficiary, including payments under other national or Union measures or insurance policies for the same eligible costs, are limited to 100 % of the eligible costs.

  1. Will measures be taken to prevent the overcompensation, in particular to ensure that aid granted for the eligible costs referred to in point (515)(d) of the Guidelines and any other payments received by the beneficiary, including payments under other national or Union measures or insurance policies for the same eligible costs are limited to 100 %?

☐yes ☐no

  1. Please describe the measures referred to in the previous point, taken in order to prevent the overcompensation:

…

☐

Aid for investments improving the resilience and environmental value of forest ecosystems. (Section 2.1.4. of the Guidelines)

  1. Please indicate whether the eligible costs concern the following:

☐

investments aiming at fulfilling the environmental commitments with the view to providing ecosystem services;

☐

investments aiming at enhancing the public amenity value of forests and woodland in the area concerned;

☐

investments aiming at improving the climate change mitigation and adaptation potential of ecosystems.

If there is any economic benefit in the long term, please describe it:

…

  1. Please indicate the aid intensity: …

Please note that pursuant to point (525) of the Guidelines, the aid must not exceed 100 % of the eligible costs.

☐

Aid for investments in forestry technologies and in processing, mobilising and marketing of forest products. (Section 2.1.5. of the Guidelines)

  1. Please indicate the eligible costs:

(a) ☐investments enhancing forestry potential:

(i) ☐investments for soil and resource friendly harvesting machinery and practices;

(ii) ☐other investments.

(b) ☐investments relating to processing, mobilising and marketing adding value to forest products.

  1. Please describe the measure in more details:

…

  1. Where the investments are related to the improvement of the economic value of forests, please provide justification in relation to the expected improvements to forests on one or more holdings and please specify whether investments for soil-friendly and resource-friendly harvesting machinery and practices are included:

…

  1. Where the investments are related to the use of wood as a raw material or energy source, are those investments limited to all working operations prior to industrial processing?

☐yes ☐no

  1. Please indicate the maximum aid intensity:

(a) ..... % of the amount of the eligible costs;

(b) ..... % of the amount of the eligible costs in in the outermost regions or smaller Aegean islands;

(c) ..... % of the amount of the eligible costs for investments linked to one or more of the specific environmental and climate-related objectives referred to in Article 73(4), point (a)(i), of Regulation (EU) 2021/2115

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.

Please note that pursuant to point (530) of the Guidelines, the aid must not exceed 65 % of the amount of the eligible costs. It may be increased to a maximum of 80 % for investments in the outermost regions or the smaller Aegean islands and for investments linked to one or more of the specific environmental- and climate-related objectives referred to in Article 73(4), point (a)(i), of Regulation (EU) 2021/2115.

☐

Aid for investments in infrastructure related to the development, modernisation or adaptation of forestry. (Section 2.1.6. of the Guidelines)

  1. Please indicate the eligible costs:

(i) ☐tangible assets;

(ii) ☐intangible assets,

which concern infrastructure related to the development, modernisation or adaptation of forestry, including access to forest land, land consolidation and improvement, the digitalisation of forestry, the establishment of temporary storage facilities and the supply of sustainable energy, energy efficiency, supply and saving of water, and the use of livestock instead of machinery.

  1. Please indicate which of the following the investments in infrastructure concern:

(a) ☐the development of forests;

(b) ☐the modernisation of forests;

(c) ☐the adaptation of forests.

  1. Please indicate which of the following the investments in infrastructure include:

(a) ☐access to forest land;

(b) ☐land consolidation and improvement;

(c) ☐digitalisation of forestry;

(d) ☐establishment of temporary storage facilities;

(e) ☐the supply of sustainable energy, energy efficiency and supply and saving of water;

(f) ☐use of livestock instead of machinery.

  1. Please describe the measure in more details:

…

  1. Please indicate the aid intensity:

..... % of the eligible costs of non-productive investments, investments aimed exclusively at improving the environmental value of forests and investments for forest roads, which are open to the public free of charge and which serve the multifunctional aspects of forest;

Please note that pursuant to point (533) of the Guidelines, in the case of non-productive investments, investments aimed exclusively at improving the environmental value of forests and investments for forest roads, which are open to the public free of charge and which serve the multifunctional aspects of forest, the aid intensity must not exceed 100 % of the eligible cost.

..... % of the eligible costs of investments in the outermost regions or the smaller Aegean islands;

Please note that pursuant to point (534) of the Guidelines, the aid intensity must not exceed 80 % for investments in the outermost regions or the smaller Aegean islands.

..... % of the eligible costs of investments linked to one or more of the specific environmental- and climate-related objectives referred to in Article 73(4), point (a)(i), of Regulation (EU) 2021/2115;

Please note that pursuant to point (534) of the Guidelines, the aid intensity must not exceed 80 % of the eligible costs of investments linked to one or more of the specific environmental- and climate-related objectives referred to in Article 73(4), point (a)(i), of Regulation (EU) 2021/2115.

..... % of other eligible costs.

Please note that pursuant to point (535) of the Guidelines, in all other cases the aid intensity must not exceed 65 % of the eligible costs.

  1. In the case of investments in access to forest land are supported, please indicate the average density of forest paths/roads in the area concerned before and after the investment (in metre/hectare) …

☐

Aid for investments in favour of the conservation of cultural and natural heritage located in forests. (Section 2.1.7. of the Guidelines)

  1. Please confirm that aid will be granted for cultural and natural heritage in the form of natural landscapes and buildings, which is formally recognised as cultural or natural heritage by the competent authority of the Member State.

☐yes ☐no

  1. Please indicate the eligible costs:

☐

investments in tangible assets;

☐

capitalised work.

  1. Please indicate the aid intensity: …

Please note that pursuant to point (539) of the Guidelines, the aid for investments in tangible assets must not exceed 100 % of the eligible costs.

  1. Please indicate the aid amount for capitalised work: …

Please note that pursuant to point (539) of the Guidelines, the aid for capitalised works must be limited to EUR 10000 per year.

☐

Aid for financial contributions to mutual funds in forestry. (Section 2.1.8. of the Guidelines)

  1. Please confirm that aid will be granted undertakings active in forestry:

☐yes ☐no

  1. Has the mutual fund been accredited by the competent authority in accordance with national law?

☐yes ☐no

  1. Does the mutual fund have a transparent policy towards payments into and withdrawals from the fund?

☐yes ☐no

  1. Does the mutual fund have clear rules attributing responsibilities for any debts incurred?

☐yes ☐no

Please note that in accordance with point (542) of the Guidelines, questions 2., 3. and 4. of this Information Sheet must be answered affirmatively in order for the Commission to approve the aid.

  1. Have rules for the constitution and management of the mutual fund been defined, in particular for the granting of compensation payments, as well as for the administration and monitoring of compliance with those rules?

☐yes ☐no

  1. Does the mutual fund arrangements provide for penalties in the case of negligence on the part of the undertaking?

☐yes ☐no

Please note that in accordance with point (543) of the Guidelines, questions 5 and 6 of this Information Sheet must be answered affirmatively in order for the Commission to be in a position to approve the aid.

  1. Please specify which damages will be covered by the mutual fund for which the financial contribution will be partly financed under the notified aid measure:

☐

Damage caused by forest fire;

☐

Damage caused by natural disasters;

☐

Damage caused by adverse climatic events which can be assimilated to a natural disaster or other adverse climatic events;

☐

Damage caused by plant pests or invasive alien species;

☐

Damage caused by catastrophic events and climate change related events as referred to in point (514) of the Guidelines;

☐

Damage in forests caused by protected animals, as referred to in Section 2.8.5. of the Guidelines;

☐

Damages caused by environmental incidents.

  1. Please confirm that for financial contributions to mutual funds to pay compensation for the damages caused by environmental incidents, the occurrence of the environmental incident will be formally recognised as such by the competent authority of the Member State.

☐yes ☐no

If the answer is yes, has the Member State established in advance criteria on the basis of which the formal recognition referred to is deemed to be granted?

☐yes ☐no

If the answer is yes, please provide additional detail regarding those advance criteria:

…

  1. Please indicate the eligible costs:

☐

The financial contributions to mutual funds to pay compensation to forest holders and forest managers for the damages referred to in question 7. of this Information sheet, which relate to the amounts paid by the mutual fund as financial compensation to undertakings active in forestry.

Please note that there are no other eligible costs.

  1. Please indicate the maximum aid intensity: …

Please note that pursuant to point (547) of the Guidelines, the aid intensity must not exceed 70 % of the eligible costs:

OTHER INFORMATION

Please indicate any other information considered relevant to the assessment of the measure concerned under this Section of the Guidelines.

…

2.2.

SUPPLEMENTARY INFORMATION SHEET ON AID FOR AREA-SPECIFIC DISADVANTAGES RESULTING FROM CERTAIN MANDATORY REQUIREMENTS IN FOREST AREAS

This information sheet must be used in relation to the State aid for area-specific disadvantages resulting from certain mandatory requirements in forest areas as described in Part II., Section 2.2. of the European Union Guidelines for State aid in the agricultural and forestry sectors and in rural areas ('the Guidelines').

  1. Please confirm that aid may only be granted to forest holders, forest managers and/or their associations:

☐yes ☐no

  1. Is the aid granted annually and per hectare of forest?

☐yes ☐no

  1. Please indicate the areas eligible for aid:

(a) ☐Natura 2000 forest areas designated pursuant to Directive 92/43/EEC and Directive 2009/147/EC;

(b) ☐other delimited nature protection areas with environmental restrictions applicable to forests which contribute to the implementation of Article 10 of Directive 92/43/EEC, not exceeding 5% of the designated Natura 2000 areas covered by territorial scope of each CAP Strategic Plan.

  1. Please indicate the eligible costs:

(a) ☐additional costs resulting from area-specific disadvantages in the areas concerned;

(b) ☐income foregone resulting from the area-specific disadvantages in the areas concerned;

(c) ☐transaction costs.

  1. Please confirm that additional costs and income foregone referred to in question 4 (a) and (b) of this Information sheet will be calculated on the basis of the constraints arising from Directives 92/43/EEC, 2009/147/EC and 2000/60/EC:

☐yes ☐no

Please describe the calculation method:

…

  1. Please indicate the aid intensity: …

Please note that pursuant to point (553) of the Guidelines, the maximum aid intensity must not exceed 100 % of the eligible costs.

Please indicate the amount per hectare per year:

…

OTHER INFORMATION

Please indicate any other information considered relevant to the assessment of the measure concerned under this Section of the Guidelines.

…

2.3.

SUPPLEMENTARY INFORMATION SHEET ON AID FOR FOREST-ENVIRONMENT AND CLIMATE SERVICES AND FOREST CONSERVATION

This information sheet must be used in relation to the State aid for forest-environmental and climate services and forest conservation as described in Part II., Section 2.3. of the European Union Guidelines for State aid in the agricultural and forestry sectors and in rural areas ('the Guidelines').

  1. COMMON PROVISIONS

1.1.

Please describe the voluntary management commitment(s) to be undertaken and indicate whether they go beyond the relevant mandatory requirements established by the national forestry legislation or other relevant national or Union legislation.

…

1.2.

Please indicate the relevant mandatory requirements and describe them in more details or in attached documentation:

…

1.3.

Is the duration period of the commitments undertaken envisaged between 5 to 7 years?

Please specify: …

1.4.

If the duration of the commitment period is longer, please justify why it is considered necessary in the case of the particular type of commitment:

…

1.5.

If the duration of the commitment period is shorter, please justify why it is considered necessary in the case of the particular type of commitment. Please note that the duration of the commitment period must be at least one year:

…

1.6.

Please indicate whether the eligible costs will be calculated:

(a) ☐as a compensation for:

☐

additional costs resulting from the voluntary management commitments;

☐

income foregone resulting from the voluntary management commitments;

☐

transaction costs to a value of up to 20 % of the aid premium paid for the forest-environment commitments.

Please state the reasons why the transaction costs are considered as necessary:

…

(b) ☐on the basis of the value of the forest-environment and climate services that are not remunerated by the market, including collective schemes and result-based payments schemes, such as carbon farming schemes.

(c) ☐in duly justified cases, such as operations concerning environmental conservation, the aid for commitments to renounce the commercial use of trees and forests may be calculated as a flat-rate or one-off payment per unit calculated on the basis of additional costs incurred and income foregone .

Please justify such aid:

…

1.7.

Is the aid granted for operations for the conservation and promotion of forest genetic resources?

☐yes ☐no

If the answer is yes, please confirm that the operations include the following:

(a) ☐targeted actions: actions promoting the in situ and ex situ conservation, characterisation, collection and utilisation of genetic resources in forestry, including web-based inventories of genetic resources currently conserved in situ, including on-forest holding conservation, and of ex situ collections and databases;

(b) ☐concerted actions: actions promoting the exchange of information for the conservation, characterisation, collection and utilisation of genetic resources in Union forestry, among competent organisations in the Member States;

(c) ☐accompanying actions: information, dissemination and advisory actions involving non-governmental organisations and other relevant stakeholders, training courses and the preparation of technical reports.

Please describe in more detail the operations concerning the conservation and promotion of forest genetic resources referred to in points (a), (b) and (c):

…

1.8.

Please indicate the aid intensity:

........ % of the eligible costs for biodiversity, climate, water or soil related services, collective schemes and result-based payments schemes, such as carbon farming schemes;

Please note that pursuant to point (561)(a) of the Guidelines, the maximum aid intensity must not exceed 120 % of the eligible costs for biodiversity, climate, water or soil related services, collective schemes and result-based payments schemes, such as carbon farming schemes.

........ % of the value of the forest-environment and climate services that are not remunerated by the market, in the case of schemes calculating the eligible costs on the basis of point (557)(b) of the Guidelines;

Please note that pursuant to point (561)(b) of the Guidelines, the maximum aid intensity must not exceed the value of the forest-environment and climate services that are not remunerated by the market, in the case of schemes calculating the eligible costs on the basis of point (557)(b) of the Guidelines.

........ % of the eligible costs for the conservation and promotion of forest genetic resources and in all other cases.

Please note that pursuant to point (561)(c) of the Guidelines, the maximum aid intensity must not exceed 100 % of the eligible costs for the conservation and promotion of forest genetic resources and in all other cases.

  1. REVISION CLAUSE

2.1.

Please confirm that a revision clause is provided for the operations included in this aid:

☐yes ☐no

Please note that in accordance with point (647) of the Guidelines, the Member State is required to provide a revision clause in order to ensure the adjustment of the operations in the case of amendments of the relevant mandatory standards, requirements or obligations referred to in Section 2.3. of Chapter 2 of Part II of the Guidelines beyond which the commitments referred to in that Section have to go.

2.2.

Does this aid extend beyond the rural development programming period 2023-2027?

☐yes ☐no

If the answer is yes, please note that in accordance with point (648) of the Guidelines, a revision clause must be included in order to allow for the adjustment of the operations to the legal framework of the following programming period.

OTHER INFORMATION

Please indicate any other information considered relevant to the assessment of the measure concerned under this Section of the Guidelines.

…

2.4.

SUPPLEMENTARY INFORMATION SHEET ON AID FOR KNOWLEDGE EXCHANGE AND INFORMATION ACTIONS IN THE FORESTRY SECTOR

This information sheet must be used in relation to the State aid for knowledge exchange and information actions in the forestry sector as described in Part II., Section 2.4. of the European Union Guidelines for State aid in the agricultural and forestry sectors and in rural areas ('the Guidelines').

  1. Please confirm that the supported actions are consistent with the description of AKIS provided in the CAP Strategic Plan:

☐yes ☐no

  1. Which of the following types of action can be financed by the aid?

(a) ☐action to promote innovation;

(b) ☐training;

(c) ☐drawing up and updating plans and studies;

(d) ☐exchange and dissemination of knowledge and information which contribute to achieving one or more of the specific objectives set out in Article 6(1) of Regulation (EU) 2021/2115

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;

(e) ☐short term forest management exchanges and forest visits which focus, in particular, on sustainable forestry methods or technologies, the development of new business opportunities and new technologies, and on the improvement of forest resilience;

(f) ☐demonstration activities.

Please specify whether aid for demonstration activities covers relevant investment costs:

☐yes ☐no

If the answer is no, please specify the eligible investment costs:

…

  1. Please indicate the aid intensity: …

Please note that pursuant to point (566) of the Guidelines, the aid intensity must not exceed 100 % of the eligible costs.

OTHER INFORMATION

Please indicate any other information considered relevant to the assessment of the measure concerned under this Section of the Guidelines.

…

2.5.

SUPPLEMENTARY INFORMATION SHEET ON AID FOR ADVISORY SERVICES IN THE FORESTRY SECTOR

This information sheet must be used in relation to the State aid for advisory services in the forestry sector as described in Part II., Section 2.5. of the European Union Guidelines for State aid in the agricultural and forestry sectors and in rural areas ('the Guidelines').

  1. Please confirm that the supported actions are consistent with the description of AKIS provided in the CAP Strategic Plan:

☐yes ☐no

  1. Please confirm that the advisory services cover economic, environmental and social dimensions and deliver up-to-date technological and scientific information developed by research and innovation:

☐yes ☐no

  1. Please confirm that advice to forest holders is linked to at least one specific objectives set out in Article 6(1) of Regulation (EU) 2021/2115

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:

☐yes ☐no

  1. Please specify the specific objectives set out in Article 6(1) of Regulation (EU) 2021/2115 concerned:

…

  1. Please confirm that advice to forest holders covers as a minimum the relevant obligations under Directive 92/43/EEC

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, Directive 2009/147/EC

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and Directive 2000/60/EC

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:

☐yes ☐no

  1. Please specify the relevant obligations under Directive 92/43/EEC, Directive 2009/147/EC and Directive 2000/60/EC which advice covers:

…

  1. Please specify whether aid cover issues linked to the economic and environmental performance of the forest holding:

☐yes ☐no

Please specify:

…

  1. Please confirm that the advice given is impartial and that advisors have no conflict of interest:

☐yes ☐no

  1. Please indicate the eligible costs:

(a) ☐aid to help undertakings active in the forestry sector benefit from the use of advisory services with the view to the improving the economic and environmental performance as well as the climate friendliness and resilience of their holding, enterprise and/or investment;

(b) ☐the costs of establishing forest management plans;

Please describe the envisaged measures:

…

  1. Please confirm that the aid is granted to the advisory services provider and does not involve direct payments to undertakings active in the forestry sector (beneficiaries):

☐yes ☐no

Please note that pursuant to point (572) of the Guidelines, the aid involving direct payments to beneficiaries cannot be declared compatible with the internal market. The aid must be granted in the form of subsidised services.

  1. Please specify the aid intensity and the aid amount:

…

Please note that pursuant to point (574) of the Guidelines, the aid intensity must not exceed 100 % of the eligible costs and must not exceed EUR 200000 per undertaking within any three-year period.

OTHER INFORMATION

Please indicate any other information considered relevant to the assessment of the measure concerned under this Section of the Guidelines:

…

2.6.

SUPPLEMENTARY INFORMATION SHEET ON AID FOR COOPERATION IN FORESTRY SECTOR

This information sheet must be used in relation to the State aid for cooperation in the forestry sector as described in Part II., Section 2.6. of the European Union Guidelines for State aid in the agricultural and forestry sectors and in rural areas ('the Guidelines').

  1. TYPE OF AID

1.1.

Is the aid is granted to promote cooperation that contributes to achieving one or more of the objectives set out in Article 6(1) of Regulation (EU) 2021/2115

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?

☐yes ☐no

Please specify to which objectve of Article 6(1) of Regulation (EU) 2021/2115 contributes the aided measure:

…

1.2.

Does the cooperation involve at least two actors?

☐yes ☐no

1.3.

Please confirm that only actors active in the forestry sector or the forestry and agricultural sectors benefit from aid:

☐yes ☐no

Please note that in compliance with point (577) of the Guidelines, aid can be granted to promote cooperation involving at least two actors irrespective of whether they are active in the forestry sector or in the forestry and agricultural sectors but subject to the cooperation benefitting only the forestry sector or the forestry and agricultural sectors.

1.4.

Please indicate the form of the aided cooperation measure :

(a) ☐co-operation approaches among different undertakings in the forestry sector and other actors active in the agricultural and the forestry sectors that contribute to achieving one or more of the specific objectives set out in Article 6(1) of Regulation (EU) 2021/2115, including producer groups and cooperatives;

(b) ☐the creation of clusters and networks.

1.5.

Please confirm that no aid is granted for cooperation solely involving research bodies:

☐yes ☐no

  1. ELIGIBLE COSTS AND AID INTENSITY

2.1.

The aid is granted for cooperation relating to the following activities:

(a) ☐pilot projects;

(b) ☐the development of new products, practices, processes and technologies in the forestry sector;

(c) ☐co-operation among small operators in the forestry sector in organising joint work processes and sharing facilities and resources;

(d) ☐horizontal and vertical co-operation among supply chain actors for the establishment and development of short supply chains and local markets;

(e) ☐promotion activities in a local context relating to the development of short supply chain and local markets;

(f) ☐collective action undertaken with a view to mitigating or adapting to climate change;

(g) ☐implementation, in particular by groups of public and private partners other than those referred to in Article 31(2), point (b), of Regulation (EU) 2021/1060

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, of local development strategies other than those referred to in Article 32 of Regulation (EU) 2021/1060.

2.2.

Where the aid is granted for the creation of clusters and networks, is such aid granted only to newly formed clusters and networks and those commencing an activity that is new to them?

☐yes ☐no

If the answer is no, please note that under the Guidelines this aid cannot be granted.

2.3.

In the case of aid for the establishment and development of short supply chains, is aid covering only supply chains involving no more than one intermediary between forest holder/manager and consumer?

☐yes ☐no

2.4.

Please indicate the costs eligible, in so far as they concern activities in the forestry sector:

(a) ☐the costs of studies of the area concerned, of feasibility studies, and of the drawing up a business plan or local development strategy other than the one referred to in Article 32 of Regulation (EU) 2021/1060;

(b) ☐the running costs of co-operation, such as the salary of a co-ordinator;

(c) ☐the costs of operations to be implemented;

(d) ☐the costs of promotion activities;

(e) ☐the costs of drawing up forest management plans or equivalent instruments.

2.5.

Is the aid limited to a maximum period of seven years?

☐yes ☐no

2.6.

Where the aid is not limited to a maximum period of seven year, please indicate the reason for a different duration:

(a) ☐aid is granted in favour of implementation, in particular by groups of public and private partners other than those referred to in Article 31(2), point (b), of Regulation (EU) 2021/1060, of local development strategies other than those referred to in Article 32 of Regulation (EU) 2021/1060;

(b) ☐aid is granted in favour of collective environment and climate actions in duly justified cases to achieve the specific environmental- and climate-related objectives set out in Article 6(1), points (d), (e) and (f) of Regulation (EU) 2021/2115.

Please justify collective environmental actions exceeding seven years:

…

2.7.

Please indicate the aid intensity: …

Please note that pursuant to point (585) of the Guidelines, the aid intensity must not exceed 100 % of the eligible costs, with the exception of the costs of operation, which consist of investments.

2.8.

Please indicate the maximum aid intensity of the costs of operations referred to in point (582)(c) of the Guidelines, which consist of investments:

…

Please note that pursuant to point (584) of the Guidelines, the costs of operations referred to in point (582)(c) of the Guidelines, which consist of investments, in particular direct costs of specific projects linked to the implementation of a forest management plan or equivalent, must be limited to the eligible costs and maximum aid intensities of investment aid in the forestry sector, as specified in Section 2.1 of Part II of the Guidelines relating to the investment aid.

OTHER INFORMATION

Please indicate any other information considered relevant to the assessment of the measure concerned under this Section of the Guidelines.

…

2.7.

SUPPLEMENTARY INFORMATION SHEET ON START-UP AID FOR PRODUCER GROUPS AND ORGANISATIONS IN THE FORESTRY SECTOR

This information sheet must be used in relation to the start-up aid for producer groups and organisations in the forestry sector as described in Part II., Section 2.7. of the European Union Guidelines for State aid in the agricultural and forestry sectors and in rural areas ('the Guidelines').

  1. Please confirm that only producer groups or organisations that have been officially recognised by the competent authority of the Member State concerned on the basis of a submission of a business plan are eligible for aid:

☐yes ☐no

  1. Is the Member State obliged to verify that the objectives of the business plan have been reached within a period of five years from the date of recognition of the producer group or organisation?

☐yes ☐no

  1. Please confirm that the agreements, decisions and other behaviour concluded in the framework of the producer group or organisation comply with the competition rules as they apply by virtue of Articles 206 to 210a of Regulation (EU) No 1308/2013:

☐yes ☐no

  1. Please confirm that no aid is granted to:

(a) production organisations, entities or bodies, such as companies or cooperatives, the objective of which is the management of one or more forestry holdings and which must therefore be considered as single producers;

(b) other forestry associations which undertake tasks, such as mutual support and forestry management services, in the members' holding without being involved in the joint adaptation of supply to the market.

☐yes ☐no

  1. Is aid granted producer groups or organisations or, up to the same overall amount, directly to producers to offset their contributions to the costs of running the groups or organisations during the first five years following the formation of the group?

☐yes ☐no

  1. Please indicate the eligible costs:

(a) ☐the rental of suitable premises;

(b) ☐the acquisition of office equipment, administrative staff costs, overheads, legal and administrative fees, the acquisition of computer hardware and the acquisition or usage fees of computer software, cloud and similar solutions;

  1. Where the aid is granted for the purchase of premises mentioned in question 6(a) of this Information sheet, are the costs limited to rental costs at market rates?

☐yes ☐no

  1. Please confirm that no aid will be paid in respect of costs incurred after the fifth year from the recognition of the producer group or organisation by the competent authority of the Member State on the basis of its business plan:

☐yes ☐no

  1. Where the aid is paid in annual instalments, will the Member State pay the last instalment only after having checked the correct implementation of the business plan?

☐yes ☐no

  1. Please indicate the aid intensity and the aid amount:

…

Please note that pursuant to point (593) of the Guidelines, aid intensity must not exceed 100 % of the eligible costs and pursuant to point (594) of the Guidelines, the total amount of aid must be limited to EUR 500000:

  1. In case of providing aid directly to producers to offset their contributions to the cost of running the group or organisations during the first five years following the formation of the group or organisation, can you confirm that the aid may be granted up to the same overall amount?

☐yes ☐no

OTHER INFORMATION

Please indicate any other information considered relevant to the assessment of the measure concerned under this Section of the Guidelines.

…

2.8.

SUPPLEMENTARY INFORMATION SHEET ON OTHER AID TO THE FORESTRY SECTOR WITH ECOLOGICAL, PROTECTIVE AND RECREATIONAL OBJECTIVES

This information sheet must be used in relation to State aid in the forestry sector with ecological, protective and recreational objectives as described in Part II., Section 2.8. of the European Union Guidelines for State aid in the agricultural and forestry sectors and in rural areas ('the Guidelines').

  1. COMMON PROVISIONS

1.1.

Please confirm that the primary objective of the State aid measure is to maintain, improve or restore ecological, protective and recreational functions of forests, biodiversity and a healthy forest ecosystem:

☐yes ☐no

1.2.

Please describe how the measures directly contribute to maintaining or restoring the ecological, protective and recreational functions of forests, biodiversity and a healthy forest ecosystem:

…

1.3.

Please confirm that no aid will be granted to forest-based industries or for commercially viable extraction of timber or for transportation of timber or the processing of wood or other forestry resources into products or for energy generation.

☐yes ☐no

1.4.

Please confirm that no aid will be granted for felling the primary purpose of which is the commercially viable extraction of timber or for restocking where the felled trees are replaced by equivalent ones.

☐yes ☐no

1.5.

Please indicate the aid intensity: …

Please note that pursuant to point (598) of the Guidelines, aid for all measures referred to in Section 2.8. of the Guidelines must not exceed 100 % of eligible costs.

1.6.

Is aid granted to undertakings active in the forestry sector?

☐yes ☐no

  1. CATEGORIES OF AID

2.1.

☐ Aid for specific forest actions and interventions with the primary objective to contribute to maintaining or to restoring forest ecosystem and biodiversity or the traditional landscape.

2.1.1.

Please confirm that the primary objective of aid for planting, pruning, thinning and felling of trees and other vegetation in existing forests, the removal of fallen trees, and the planning costs of such measures, aid for the costs of treating and preventing the spreading of pests, tree diseases and invasive alien species and aid to make good the damage caused by the pests and tree diseases and invasive alien species, is to contribute to maintaining or to restoring forest ecosystem and biodiversity or the traditional landscape:

☐yes ☐no

2.1.2.

Please describe the measure in more details:

…

2.1.3.

Please specify the eligible costs of the aid for treating and preventing the spreading of pests, tree diseases and invasive alien species and aid to make good the damage caused by the pests, tree diseases and invasive alien species:

(a) ☐costs for preventive and treatment measures, including soil preparation for replanting, and the products, appliances and materials necessary for such measures.

Where the aid is granted for these costs, please confirm that the principles of integrated pest management set out in Article 14 of and Annex III to Directive 2009/128/EC

EUR-Lex - 32009L0128 - EN - EUR-Lex (europa.eu)

are complied with, in particular for what concerns the use of plant protection products, as required by Article 55 of Regulation (EC) No 1107/2009

EUR-Lex - 32009R1107 - EN - EUR-Lex (europa.eu)

:

☐yes ☐no

(b) ☐loss of stock and restocking costs up to the market value of the stock destroyed on the order of the authorities to fight the disease or pest in question. When calculating the increment loss, the potential increment of the stock destroyed until the normal felling age may be taken into consideration.

2.2.

☐Aid for maintaining and improving the soil quality and ensuring a balanced and healthy tree growth in the forestry sector.

2.2.1.

Is aid granted for maintaining and improving the soil quality in forests and ensuring balanced and healthy tree growth?

☐yes ☐no

2.2.2.

Please describe the measure in more details:

…

2.2.3.

Do the measures include soil improvement by fertilisation and other treatments to maintain its natural balance, reducing excessive vegetation density and ensuring sufficient water retention and proper drainage, including their planning costs?

☐yes ☐no

2.2.4.

Is aid granted for the planning costs of such measures?

☐yes ☐no

2.2.5.

Please explain how it is ensured that the measures do not reduce biodiversity, cause nutrient leaching or adversely affect natural water ecosystems or water protection zones.

…

2.3.

☐Aid for restoration and maintenance of natural pathways, landscape elements and features and natural habitat for animals in the forestry sector.

2.3.1.

Are the eligible costs linked to restoration and maintenance of natural pathways, landscape elements and features and the natural habitat for animals, including planning costs?

☐yes ☐no

2.3.2.

Please describe the measure and eligible costs in more details:

…

2.3.3.

Please confirm that measures aiming at the implementation of Directive 92/43/EEC

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and Directive 2009/147/EC

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are excluded from this type of aid (those measures must be covered by the form related to Section 2.2 of Part II. of the Guidelines).

☐yes ☐no

2.4.

☐Aid for maintaining roads to prevent forest fires

2.4.1.

Please confirm that aid for maintaining roads aims at preventing forest fires:

☐yes ☐no

2.4.2.

Please describe the aid measure:

…

2.4.3.

Please describe the link between the objective of the aid (preventing forest fires) and the road maintenance:

…

2.5.

☐ Aid to make good the damage in forests caused by protected animals.

2.5.1.

Have reasonable preventive measures proportionate to the risk of damage by the protected animals in the forest area concerned been taken?

☐yes ☐no

In case of impossibility to take such reasonable preventive measures, please explain why no preventive measures are possible:

…

2.5.2.

Please confirm that the direct causal link between the damage suffered and the behavior of the animals is established:

☐yes ☐no

2.5.3.

Please confirm that the aid scheme has been established within three years from the occurrence of the event causing the damage and that the aid will be paid out within four years from that date.

☐yes ☐no

2.5.4.

Is the damage calculated at the level of the individual beneficiary?

☐yes ☐no

2.5.5.

Have the costs of the damage incurred as a direct consequence of the event causing the damage been assessed either by a public authority, by an independent expert recognized by the granting authority or by an insurance undertaking?

☐yes ☐no

2.5.6.

Please indicate the type of damage:

(a) ☐damage to living trees. The aid may be granted to compensate for loss of stock and for restocking costs up to the market value of the stock destroyed by the protected animals. When calculating the market value of the increment loss, the potential increment of the stock destroyed until the normal felling age may be taken into consideration.

(b) ☐other costs incurred by the beneficiary due to the event causing the damage, such as treatment measures, including soil preparation for replanting and the products, appliances and materials necessary for such operations.

(c) ☐the material damage to the following assets: forestry equipment, machinery and buildings. The calculation of the material damage must be based on the repair cost or economic value of the affected asset before the event caused the damage. It must not exceed the repair cost or the decrease in fair market value caused by the event, that is to say the difference between the asset's value immediately before and immediately after the event that caused the damage.

2.5.7.

Is the amount reduced by any costs not incurred because of the damaging event, which would otherwise have been incurred by the beneficiary?

☐yes ☐no

2.5.8.

Is aid and any other payments received to compensate the damage, including payments under national or Union measures or insurance policies, limited to 100 % of the eligible costs?

☐yes ☐no

OTHER INFORMATION

Please indicate any other information considered relevant to the assessment of the measure concerned under this Section of the Guidelines.

…

2.9.

SUPPLEMENTARY INFORMATION SHEET ON AID IN THE FORESTRY SECTOR ALIGNED WITH THE AGRICULTURAL AID MEASURES

This information sheet must be used in relation to State aid in the forestry sector aligned with the agricultural aid measures as described in Part II., Section 2.9. of the European Union Guidelines for State aid in the agricultural and forestry sectors and in rural areas ('the Guidelines').

☐

Aid for research and development in the forestry sector.

  1. Is aided project of interest to all undertakings active in the particular forestry sector or sub-sector concerned?

☐yes ☐no

If the answer is yes, provide evidence:

…

  1. Will the following information be published on the internet prior to the date of commencement of the aided project?

(a) the start date of the aided project;

(b) the goals of the aided project;

(c) an approximate date of the publication of the results expected from the aided project;

(d) the place of publication on the internet of the results expected from the aided project;

(e) a statement that the results of the aided project are available to all undertakings active in the forestry sector or sub-sector concerned at no cost.

☐yes ☐no

Please provide evidence and give details of the internet address:

…

  1. Will the results of the aided project be:

(a) made available on the internet from the end date of the aided project or the date on which any information concerning those results is given to members of any particular organisation, whatever comes first;

☐yes ☐no

(b) made available on the internet, for a period of at least five years starting from the end date of the aided project?

☐yes ☐no

If the answer to point (a) or (b) is yes, please provide evidence:

…

  1. Is the aid granted directly to the research and knowledge-dissemination organisation?

☐yes ☐no

  1. Please confirm that the aid does not involve the provision of aid based on the price of the forestry products to undertakings active in the forestry sector:

☐yes ☐no

  1. Please indicate the eligible costs:

(a) ☐personnel costs related to researchers, technical and other supporting staff to the extent employed on the project;

(b) ☐costs of instruments and equipment to the extent and for the period used for the project. Where such instruments and equipment are not used for their full life for the project, only the depreciation costs corresponding to the life of the project, as calculated on the basis of generally accepted accounting principles are considered as eligible;

(c) ☐costs of buildings and land, to the extent and for the period used for the project. With regard to buildings, only the depreciation costs corresponding to the life of the project, as calculated on the basis of generally accepted accounting principles are considered as eligible. For land, costs of commercial transfer or actually incurred capital costs are eligible;

(d) ☐costs of contractual research, knowledge and patents bought or licensed from outside sources at arm’s length conditions, as well as costs of consultancy and equivalent services used exclusively for the project;

(e) ☐additional overheads and other operating expenses, including costs of materials, supplies and similar products, incurred directly as a result of the project.

  1. Please indicate the maximum aid intensity: …

Please note that pursuant to point (623) of the Guidelines, the aid intensity must not exceed 100 % of the eligible costs.

☐

Aid for forestry land consolidation.

  1. Are the the eligible costs limited to the incurred real legal, administrative and survey costs of land consolidation?

☐yes ☐no

  1. Please describe the measure in more details:

…

  1. Please indicate the aid intensity: …

Please note that pursuant to point (623) of the Guidelines, the aid intensity must not exceed 100 % of the eligible costs.

OTHER INFORMATION

Please indicate any other information considered relevant to the assessment of the measure concerned under this Section of the Guidelines.

…

  1. SUPPLEMENTARY INFORMATION SHEET ON AID IN RURAL AREAS

This form must be used for the notification of any State aid measure for the rural areas covered by Part II., Chapter 3 of the European Union Guidelines for State aid in the agriculture and forestry sectors and in rural areas ('the Guidelines').

If aid for the rural areas is to be granted under Union rules common to all sectors or specific to trade and industry, please use the applicable notification form for those sectors when notifying a State aid measure.

GENERAL ELIGIBILITY CRITERIA

  1. Please indicate the category of aid:

☐

aid for basic services in rural areas;

☐

business start-up aid for non-agricultural activities in rural areas;

☐

aid for agri-environment-climate commitments in rural areas to beneficiaries other than farmers;

☐

aid for area-specific disadvantages resulting from certain mandatory requirements to beneficiaries other than farmers;

☐

aid to promote and support quality schemes for cotton or foodstuffs and their use by farmers;

☐

aid for cooperation in rural areas, including aid for participating in community-led local development (CLLD) and European Innovation Partnership for agricultural productivity and sustainability (EIP) Operational Group projects;

☐

aid for setting up mutual funds.

  1. Is the aid be granted in the framework of a strategic plan in accordance with Regulation (EU) 2021/2115?

☐yes ☐no

If the answer is no, please note that the aid cannot be declared compatible with the internal market on the basis of the Guidelines.

  1. Please indicate the relevant strategic plan and the measure under which the aid is granted:

Strategic plan: …

Measure: …

  1. Is the measure co-financed by the EAFRD or does it constitute additional national financing?

(a) ☐co-financed by the EAFRD;

(b) ☐additional national financing.

  1. Is the aid granted in favour of working capital?

☐yes ☐no

If the answer is yes, is such aid granted in the form of a financial instrument?

☐yes ☐no

Please note that pursuant to point (635)(b) of the Guidelines, the aid in favour of working capital may be granted only if it is provided in the form of financial instruments.

Please specify the financial instrument(s) used:

…

  1. Is the aid granted as operating aid?

☐yes ☐no

If the answer is yes, please note that pursuant to point (635)(c) of the Guidelines, such aid may be considered to be compatible with the internal market only such aid is expressly provided for in the relevant Union legislation.

If that is the case, please refer to the Union legislation concerned:

…

  1. Is the aid available to undertakings in difficulty as defined in point (33)63 of the Guidelines?

☐yes ☐no

If the answer is yes, please note that under point (23) of the Guidelines, the Commission considers that when an undertaking is in financial difficulty, given that its very existence is in danger, it cannot be considered an appropriate vehicle for promoting other public policy objectives until such time as its viability is assured. Such aid must therefore comply with the Commission Guidelines on State aid for rescuing and restructuring non-financial undertakings in difficulty, unless it is exempt from the obligation to notify it.

  1. Is the aid available to undertakings which are subject to an outstanding recovery order following a previous Commission decision declaring an aid illegal and incompatible with the internal market?

☐yes ☐no

If the answer is yes, please note that such aid cannot be declared compatible with the internal market.

  1. Is the aid intended for investments in energy efficiency and renewable energies?

☐yes ☐no

If the answer is yes, please note that the Guidelines do not apply to such aid. In accordance with point (637) of the Guidelines such aid must comply with the Guidelines on State aid for climate, environmental protection and energy 2022

EUR-Lex - C:2022:080:TOC - EN - EUR-Lex (europa.eu)

, unless it is exempted from the notification obligation.

OTHER INFORMATION

Please indicate any other information considered relevant to the assessment of the measure concerned.

…

(h) Part III.13.B is replaced by the following:

PART III.13.B

SUPPLEMENTARY INFORMATION SHEET ON OPERATING AID TO AIRPORTS

It is recommended that this supplementary information sheet is completed, in addition to the 'General information' form, for the notification of any individual operating aid covered by the Guidelines on State aid to airports and airlines

Guidelines on State aid to airports and airlines (OJ C 99, 4.4.2014, p. 3).

.

  1. ADDITIONAL INFORMATION ON THE BENEFICIARY AND ITS ACTIVITIES

It is recommended that this supplementary information sheet is completed, in addition to the 'General information' form, for the notification of any individual operating aid covered by the Guidelines on State aid to airports and airlines

Guidelines on State aid to airports and airlines (OJ C 99, 4.4.2014, p. 3).

.

1.1.

Beneficiary

1.1.1.

Is the aid awarded directly to the operator of the airport?

☐Yes ☐No

1.1.2.

If the answer to point 1.1.1 is no, please describe, if applicable, (i) the legal entity/-ies receiving the aid, and (ii) the legal entity/-ies responsible for transferring the aid as intermediary/-ies to the airport providing the services eligible for the aid.

…

1.1.3.

If the answer to point 1.1.1 is no, please explain how the authorities ensure that that there is no advantage granted at the intermediary levels.

…

1.1.4.

Is the beneficiary of the aid also the owner of the airport?

☐Yes ☐No

1.1.5.

If the answer to point 1.1.4 is no: please specify who is/will be the owner of the airport and describe the ownership structure.

…

1.1.6.

In the case of individual aid, please describe the legal, organisational and financial relationships between the recipient of the aid and (i) the undertakings with which it forms part of a group of undertakings; (ii) its subsidiaries; (iii) any other associated enterprises, including joint ventures.

In the case of aid schemes, please describe the method by which the aid granting authority will assess the legal, organisational and financial relationships referred to in points 1.1.1 to 1.1.5.

…

1.2.

General information about the airport operator

1.2.1.

Where the airport or the airports are used by the national armed forces, the police force, non-economic air rescue services, or any other air service of a non-economic nature, please specify (a) the nature of the service(s); and (b) the rate of airport capacity utilisation (e.g. use of the runway and other airport facilities, expressed as a percentage of annual aircraft movements).

…

1.2.2.

Please provide the following passenger traffic data of the airport(s) receiving the aid:

(a) Airports with a commercial passenger traffic history of more than two financial years: average annual passenger traffic during the two financial years preceding the year in which the aid is notified or actually granted.

(b) Airports with a commercial passenger traffic history of less than two financial years: forecasted average annual passenger traffic during the two financial years after the beginning of the operation of commercial passenger air traffic flows.

Please provide the data in the form of a table, as follows: [copied from page 188, point 2.2.3]

YearTotal number of passengers

Passenger numbers must be counted one-way and for each individual route. For example: a passenger flying to the airport and back would be counted twice. If the airport is part of a group of airports, passenger traffic data must be established on the basis of each individual airport.

1.2.3.

In the case of individual operating aid: please provide the business plan that the beneficiary has implemented in the period 2009–2013, and that it intends to implement until 4 April 2027. Please describe the assumptions underlying those business plans.

The business plan must contain information on traffic and traffic forecasts; costs and cost forecasts; financial data and financial forecasts as regards the level of profitability and cash-flows (by reference to methodologies which are demonstrably used by the airport, e.g. using methods for evaluating the net present value of an investment (NPV), the internal rate of return (IRR), and the average return on capital employed (ROCE). The business plan must be provided in an excel format including explanations of all underlying formulas.

In the case of aid schemes, please specify in detail (a) the formal and material criteria to which business plans of eligible airports must conform; (b) the method the national authorities will use to assess the business plans.

…

1.2.4.

In the case of individual operating aid, please provide a summary overview of operating losses

'Operating funding gap' means the operating losses of an airport over the relevant period, discounted to their current value using the cost of capital, that is to say the shortfall (in Net Present Value terms) between airport revenues and operating costs of the airport.

the beneficiary incurred in the period 2009–2013, as well as of forecasted operating losses in the remaining period until 4 April 2027. Please provide the data in the form of a table, structured as follows:

Revenue…Operating costs…Other…Operating results

In the case of aid schemes, please specify the method the authorities will use to establish the operating losses of eligible airports.

1.2.5.

In the case of individual operating aid, please provide copies of the eligible airports’ financial reports

Balance sheet, profit and loss statement, statement of chartered accountant or audit firm.

for the 5 years preceding the year of application for operating aid.

In the case of aid schemes, please commit to include the above described financial reports in the assessment of individual aid.

…

1.2.6.

Please specify the provisions made to avoid overcompensation and recover excess amounts from the beneficiary.

…

1.3.

Airport service activities

1.3.1.

Please specify the eligible airport services

Services provided by an airport or any of its subsidiaries, to ensure the handling of aircraft, from landing to take-off, and of passengers and freight, so as to enable airlines to provide air transport services, including the provision of ground handling services and the provision of centralised ground handling infrastructure.

and the categories of eligible operating costs

Underlying costs of an airport in respect of the provision of airport services, including cost categories such as cost of personnel, contracted services, communications, waste, energy, maintenance, rent and administration, but excluding the capital costs, marketing support or any other incentives granted to airlines by the airport, and costs falling within a public policy remit.

in respect of the provision of those services.

…

1.4.

Activities falling within the public policy remit

1.4.1.

Does the operating aid cover activities that fall under State responsibility in the exercise of its official powers as a public authority (e.g. air traffic control, police, customs, firefighting, activities necessary to safeguard civil aviation against acts of unlawful interference)? Operating costs relating to the infrastructure and equipment necessary to perform such activities are considered in general to be of a non-economic nature and thus do not fall within the scope of State aid rules.

☐Yes ☐No

1.4.2.

Please provide the relevant national, regional or any other legal instrument concerning the notion of activities falling within the public policy remit and their financing. In absence of any such legal instrument, please clarify how those activities are usually financed by the relevant authorities.

…

1.4.3.

Please provide evidence showing that the public financing of non-economic activities does not lead to undue discrimination between airports. Discrimination arises in situations where, under the relevant legal order, civil airports normally have to bear certain costs inherent to their non-economic activities, whereas certain civil airports do not have to cover such costs. Please specify the material and territorial applicability of the national rules applicable to the financing of non-economic activities of airports and, if applicable, the level of regional competences in that matter.

…

1.4.4.

Please confirm, supported by relevant evidence, that the compensation of costs incurred in relation to non-economic activities will be strictly limited to such costs, and that any cross-subsidisation of economic activities through such compensation is effectively excluded.

…

1.4.5.

Please confirm that the airport will maintain separate cost accounts for economic and non-economic activities.

…

  1. COMPATIBILITY ASSESSMENT OF THE MEASURE

2.1.

Was the aid granted before 4 April 2014?

☐Yes ☐No

2.2.

Contribution to a well-defined objective of common interest

2.2.1.

Does the operating aid:

(a) ☐Increase the mobility of Union citizens and the connectivity of the regions by establishing access points for intra-Union flights?

(b) ☐Combat air traffic congestion at major Union hub airports?

(c) ☐Facilitate regional development?

Please specify how the operating aid contributes to the objective(s) chosen.

…

2.2.2.

Does the notified measure concern the operator of a new airport?

☐Yes ☐No

2.2.3.

In the case of individual operating aid: Is the beneficiary airport located in the same catchment area

Catchment area of an airport means a geographic market boundary that is normally set at around 100 kilometres or around 60 minutes travelling time by car, bus, train or high-speed train; however, the catchment area of a given airport may be different and needs to take into account the specificities of each particular airport. The size and shape of the catchment area varies from airport to airport, and depends on various characteristics of the airport, including its business model, location and the destinations it serves.

of another airport with spare capacity?

☐Yes ☐No

2.2.4.

In the case of individual operating aid: If the answer to point 2.2.3 is yes, please specify the size and shape of the catchment area. Please provide information, identifying the likely effect on the traffic of the other airport located in that catchment area. That information should be part of the beneficiary airport’s business plan and should be based on sound passenger and freight traffic forecasts.

In the case of aid schemes: Please (a) confirm that the authorities are committed to assess the likely effect on the traffic of any other airport(s) located in the same catchment area as an eligible airport on the basis of information that is part of the beneficiary airport’s business plan and is based on sound passenger and freight traffic forecasts; (b) explain the method and the criteria the national authorities will use to assess the likely effect on the traffic of that other airport or those other airports.

…

2.3.

Need for State intervention

2.3.1.

Please confirm that the annual traffic of the airport/eligible airports does not exceed 3 million passengers (see also question 1.2.2).

…

2.4.

Appropriateness of the measure

2.4.1.

Please demonstrate that the aid in question is appropriate to achieve the intended objective or resolve the problems which it intendeds to address. In particular, please explain how the authorities have established that the same objective cannot be reached, or the same problem cannot be resolved, through less distortive policy or aid instruments. For example, if the aid is granted in forms that provide a direct pecuniary advantage

For example, direct grants, exemptions or reductions in taxes, social security or other compulsory charges, or the supply of land, goods or services at favourable prices, etc.

, please demonstrate why other potentially less distortive forms of aid such as repayable advances or forms of aid that are based on debt or equity instruments

For example, low-interest loans or interest rebates, State guarantees, the purchase of a shareholding or an alternative provision of capital on favourable terms.

are not appropriate:

…

2.4.2.

In the case of individual operating aid: Has the aid amount been established ex-ante as a fixed sum covering the expected operating funding gap determined on the basis of the business plan of the beneficiary?

☐Yes ☐No

If yes, please provide relevant information in the business plan.

2.4.3.

In the case of aid schemes: will the aid amount in each individual case be established ex-ante as a fixed sum covering the expected operating funding gap determined on the basis of the business plan of the beneficiary?

☐Yes ☐No

If yes, the beneficiary should provide relevant information in the business plan.

2.4.4.

If the answer to points 2.4.2 and 2.4.3 is no, please specify: (a) the degree of uncertainty of cost and revenue forecasts, (b) any information asymmetries that prevent the national authorities from calculating the aid amount ex ante on the basis of a business plan.

…

2.4.5.

If the answer to points 2.4.2 and 2.4.3 is no, please confirm that the maximum amount of compatible operating aid was/will be established according to a model based on the average of the operating funding gaps

'Operating funding gap’ means the operating losses of an airport over the relevant period, discounted to their current value using the cost of capital, that is to say the shortfall (in Net Present Value terms) between airport revenues and operating costs of the airport.

during the five years from 2009 to 2013.

…

2.4.6.

Please confirm that the amount of operating aid will not be increased ex-post.

☐Yes ☐No

2.4.7.

If the answer to the above question is no, please explain why in your opinion the possibility of an ex-post increase would not reduce incentives to manage the airport efficiently.

…

2.5.

Incentive effect and proportionality of the aid

2.5.1.

In the case of individual operating aid, please describe why there is the likelihood that in the absence of the aid the level of economic activity of the airport concerned would be significantly reduced. Please provide the necessary information on the basis of the business plan (see also point 1.2.3), comparing the levels of intended activity with aid and without aid (the counterfactual scenario), and taking into account the possible presence of investment aid and level of traffic.

In the case of aid schemes, please describe the method applied by the aid granting authority in order to assess the business plans as well as the likelihood that in the absence of aid the level of economic activity of the airport concerned would be significantly reduced, taking into account the possible presence of investment aid and level of traffic.

…

2.5.2.

In the case of individual operating aid, please demonstrate that the business plan of the airport will result in full operating cost coverage by 4 April 2027. Please specify the relevant key parameters of the business plan.

In the case of aid schemes, please confirm that the aid granting authority will grant individual operating aid only if it has concluded that the business plan of the beneficiary airport will result in full operating cost coverage by 4 April 2027. Please specify which key parameters of the business plan the aid granting authorities will assess in order to reach that conclusion in each case.

…

2.5.3.

Please indicate:

In the case of individual operating aid: The beneficiary airport’s initial funding gap over 13 years, starting with the operating cost coverage on 4 April 2014 at the beginning of the transition period and reaching full operating cost coverage achievement by 4 April 2027, at the end of the transition period.

In the case of aid schemes: please commit (a) that the funding gap of eligible airports will be established using the method referred to in point 2.5.2; (b) that eligible airports must demonstrate that they will achieve full operating cost coverage by 4 April 2027.

…

The maximum permissible aid amount:

…

The percentage of the funding gap to be covered by the operating aid:

…

The period during which operating aid will be granted:

…

2.6.

Avoidance of negative effects on competition and trade

2.6.1.

Please demonstrate that all airports located in the same catchment area as the eligible airport or airports will be able to achieve full operating cost coverage by 4 April 2027.

…

2.6.2.

Please confirm that the airport or airports, including any investment for which aid is granted, will be open to all potential users and not be dedicated to one specific user.

☐Yes ☐No

2.6.3.

Please specify the provisions made to ensure that airport capacity will be allocated to users on the basis of pertinent, objective, transparent and non-discriminatory criteria.

…

(i) Part III.14 is replaced by the following:

PART III.14

GENERAL INFORMATION SHEET FOR THE GUIDELINES FOR STATE AID IN THE FISHERY AND AQUACULTURE SECTOR

Please note that this general information sheet for the notification of State aid applies to all sectors covered by the Guidelines for State aid in the fishery and aquaculture sector

Communication from the Commission Guidelines for State aid in the fishery and aquaculture sector 2023/C 107/01 (OJ C 107, 23.3.2023, p. 1).

('the Guidelines'). In addition, for all measures covered by the Guidelines please complete the relevant Supplementary Information Sheet.

COMPATIBILITY ASSESSMENT PURSUANT TO ARTICLE 107(3), POINT (C), OF THE TREATY

On the basis of Article 107(3), point (c), of the Treaty on the Functioning of the European Union (the Treaty), the Commission may consider compatible with the internal market State aid to facilitate the development of certain economic activities, where such aid does not adversely affect trading conditions to an extent contrary to the common interest. In order to make the assessment, the Commission will consider the aspects described in this form.

Does the State aid measure satisfy the following conditions?

First condition:

☐

identification of the economic activity concerned;

☐

the incentive effect: the aid must change the behaviour of the undertaking(s) concerned in such a way that it engages in an additional activity, which it would not carry out without the aid or it would carry out in a restricted or different manner;

☐

the aid does not contravene relevant provisions and general principles of Union law.

Second condition:

☐

need for State intervention: the aid measure must bring about a material improvement that the market cannot deliver itself, for example by remedying a market failure or addressing an equity or cohesion concern where applicable;

☐

appropriateness of the aid: the proposed aid measure must be an appropriate policy instrument to facilitate the development of the economic activity;

☐

proportionality of the aid (aid limited to the minimum necessary): the amount of aid and intensity of the aid must be limited to the minimum needed to induce the additional investment or activity by the undertaking(s) concerned;

☐

transparency of aid: Member States, the Commission, economic operators, and the public, must have easy access to all relevant acts and to pertinent information about the aid granted thereunder;

☐

avoidance of adverse negative effects of the aid on competition and trade;

☐

weighing up the positive and negative effects that aid can have on competition and trade between Member States (balancing test).

  1. FIRST CONDITION: THE AID MUST FACILITATE THE DEVELOPMENT OF AN ECONOMIC ACTIVITY

1.1.

Aided economic activity

To provide the information in this section, please refer to section 3.1.1 (points (39)–(44)) of the Guidelines.

1.1.1.

Article 107(3), point (c), of the Treaty provides that the Commission may declare compatible aid to facilitate the development of certain economic activities or of certain economic areas, where such aid does not adversely affect trading conditions to an extent contrary to the common interest. Therefore, compatible aid under that provision of the Treaty must contribute to the development of certain economic activity.

In order to assess the compliance with points (39) and (40) of the Guidelines, please provide information which would allow the Commission to identify the economic activity/ies that will be supported as a result of the aid and demonstrate how the aid facilitates the development of that activity(ies):

…

Please note that pursuant to point (41) of the Guidelines, aid to prevent or reduce the negative effects of economic activities on climate or environment or on the conservation objective of the Common Fisheries Policy (CFP) can facilitate the development of economic activities by increasing the sustainability of the economic activity concerned.

1.1.2.

Please describe whether and, if so, how the aid contributes to the achievement of the objectives of the CFP, including the objectives of the European Maritime, Fisheries and Aquaculture Fund (the EMFAF) and describe more specifically the expected benefits of the aid:

…

Please note that this information is necessary in order for the Commission to assess the compliance of the aid with point (42) of the Guidelines.

Please note that pursuant to points (43) of the Guidelines, the Commission considers that aid granted in compliance with Part II, Chapter 1, Sections 1.1, 1.2, 1.3 and 1.4, and Part II, Chapter 3, Sections 3.4, 3.5 and 3.6 of these Guidelines can facilitate the development of the identified economic activity or area, as without aid such development may not take place to the same extent.

1.1.3.

Is the aid awarded to individually notifiable investment projects on the basis of a scheme?

☐yes ☐no

If the answer is yes, please explain how the selected project will contribute towards the objectives of the scheme. For that purpose, please refer to information provided by the applicant for aid.

…

1.2.

Incentive effect

To provide the information in this section, please refer to section 3.1.2 (points (45)- (59)) of the Guidelines.

State aid can only be found compatible with the internal market if it has an incentive effect. An incentive effect is present when the aid changes the behaviour of an undertaking in such a way that it engages in additional activity contributing to the development of the sector which it would not have engaged in without the aid or in which it would only have engaged in a restricted or different manner.

1.2.1.

In order to assess the compliance with point (45) of the Guidelines, please explain how the measure(s) induces the beneficiary’s undertaking to change its behaviour in such a way that it engages in additional economic activity contributing to the development of the sector, which the beneficiary would not carry out without the aid or would carry out in a restricted or different manner.

…

1.2.2.

Please confirm that the aid will not simply subsidise the costs of an activity that an undertaking would have incurred in any event and will not compensate for the normal business risk of an economic activity:

☐yes ☐no

Please note that pursuant to point (45) of the Guidelines, the aid must not subsidise the costs of an activity that an undertaking would have incurred in any event and must not compensate for the normal business risk of an economic activity.

1.2.3.

Please confirm that the notified State aid measure is not intended to simply improve the financial situation of undertakings, without any contribution to the development of the fishery and aquaculture sector:

☐yes ☐no

Please note that pursuant to point (46) of the Guidelines, unless exceptions are expressly provided for in Union legislation or in these Guidelines, State aid measures which are simply intended to improve the financial situation of undertakings but which in no way contribute to the development of the fishery and aquaculture sector, and in particular aid which is granted solely on the basis of price, quantity, unit of production or unit of the means of production are considered to constitute operating aid, which is incompatible with the internal market. Furthermore, by its very nature, such aid is also likely to interfere with the mechanisms regulating the organisation of the internal market.

1.2.4.

Does the measure constitute:

operating aid?

☐yes ☐no

aid to facilitate the achievements of obligatory standards?

☐yes ☐no

Please note that pursuant to point (47) of the Guidelines, operating aid and aid to facilitate the achievements of obligatory standards are in principle incompatible with the internal market, unless exceptions are expressly provided for in Union legislation or in the Guidelines and in duly justified other cases.

If the answer is yes, please mention the provisions of the Guidelines or other Union legislation, that expressly authorise such aid and provide a justification.

…

1.2.5.

Is the aid granted under Part II, Chapter 1 of the Guidelines limited to helping undertakings active in the fishery and aquaculture sector facing various difficulties despite having undertaken reasonable efforts to minimise such risks?

☐yes ☐no

Please note that pursuant to point (48) of the Guidelines, aid granted under Part II, Chapter 1 should be limited to helping undertakings active in the fishery and aquaculture sectors facing various difficulties despite having undertaken reasonable efforts to minimise such risks.

State aid should not have as an effect to entice undertakings into taking unnecessary risk. Undertakings active in the fishery and aquaculture should themselves bear the consequences of imprudent choices of production methods or products. For example, this principle applies to Part II, Chapter 3, Sections 3.4, 3.5 and 3.6.

1.2.6.

Will the beneficiary submit an application for the aid to the national authorities before any work on the project or activity has started?

☐yes ☐no

Please note that pursuant to point (49) of the Guidelines the aid does not present an incentive for the beneficiary undertaking wherever work on the relevant project or activity has already started prior to the aid application by the beneficiary undertaking to the national authorities.

1.2.7.

Will the aid application include at least the applicant's name and the size of the undertaking, a description of the project or activity, including its location and start and end dates, the amount of aid needed to carry it out and the eligible costs?

☐yes ☐no

1.2.8.

Will the aid be granted to large enterprises

Large enterprises means any undertaking not fulfilling the criteria laid down in Annex I to Regulation (EU) 2022/2473, OJ L 327, 21.12.2022, p. 82.

?

☐yes ☐no

1.2.9.

If the answer to the previous question is yes, will the beneficiaries, which are large enterprises, explain in the aid application the situation without the aid (referred to as the counterfactual scenario or alternative project or activity) and submit documentary evidence in support of the counterfactual scenario described in the application?

☐yes ☐no

Please note that pursuant to point (51) of the Guidelines, this requirement does not apply to municipalities that are autonomous local authorities with an annual budget of less than EUR 10 million and fewer than 5000 inhabitants. Does the beneficiary municipality meets the conditions of point (51) of the Guidelines?

☐yes ☐no

1.2.10.

Will the granting authority carry out a credibility check of the counterfactual scenario and confirm that the aid has the required incentive effect?

☐yes ☐no

Please note that pursuant to point (52) of the Guidelines, a counterfactual scenario is credible if it is genuine and relates to the decision-making factors prevalent at the time of the decision by the beneficiary regarding the project or activity concerned.

1.2.11.

Does the aid in the form of tax advantages comply with the following conditions:

(a) the aid scheme establishes a right to aid in accordance with objective criteria and without further exercise of discretion by the Member State; and

☐yes ☐no

(b) the aid scheme has been adopted and in force before work on the aided project or activity has started

Please note that this requirement does not apply in the case of fiscal successor schemes provided the activity was already covered by the previous schemes in the form of tax advantages.

?

☐yes ☐no

If the answer is yes, please note that pursuant to point (53) of the Guidelines, such aid is deemed to have an incentive effect.

1.2.12.

Does the aid fall under one of the following aid categories of the Guidelines?

☐

aid to make good the damage caused by natural disasters or exceptional occurrences, in accordance with Part II, Chapter 1, Section 1.1 of the Guidelines;

☐

aid to make good the damage caused by adverse climatic events which can be assimilated to a natural disaster, in accordance with Part II, Chapter 1, Section 1.2 of the Guidelines;

☐

aid for the costs of prevention, control and eradication of animal disease in aquaculture and of infestations by invasive alien species, and aid to make good the damage caused by those animal diseases and infestations, in accordance with Part II, Chapter 1, Section 1.3 of the Guidelines;

☐

aid to make good the damage caused by protected animals, in accordance Part II, Chapter 1, Section 1.4 of the Guidelines;

☐

aid for temporary cessation of fishing activities, in accordance with Part II, Chapter 3, Section 3.5 of the Guidelines;

☐

liquidity aid to fishers, in accordance with Part II, Chapter 3, Section 3.6 of the Guidelines;

☐

operating aid in outermost regions, in accordance with Part II, Chapter 2, Section 2.1 of the Guidelines;

☐

aid for the renewal of the fishing fleet in outermost regions, in accordance with Part II, Chapter 2, Section 2.2 of the Guidelines;

☐

aid for investments in equipment that contributes to increasing safety, including equipment enabling vessels to extend their fishing zones, for small-scale coastal fishing in outermost regions, in accordance with Part II, Chapter 2, Section 2.3 of the Guidelines.

Please note that pursuant to point (54) of the Guidelines, the above categories of aid are not required to have or are deemed to have an incentive effect.

Additional conditions for individually notifiable investment aid and investment aid to large enterprises under notified schemes

If the aid granted for individual investment, please continue with questions 1.2.13 to 1.2.17 below.

Pursuant to point (59) of the Guidelines, if the aid does not change the behaviour of the beneficiary undertaking by stimulating additional investment, it has no positive effects for the development of the sector concerned. Therefore, aid will not be considered compatible with the internal market if it appears that the same investment would still be pursued without the aid.

1.2.13.

Please provide in the notification clear evidence that the aid effectively has an impact on the investment choice. Please explain such impact:

…

Please note that pursuant to point (55) of the Guidelines, to allow a comprehensive assessment, the Member State must provide not only information concerning the aided project but also a comprehensive description of the counterfactual scenario, in which no aid is granted to the beneficiary by any public authority.

1.2.14.

Please provide a comprehensive description of the counterfactual scenario, in which no aid is granted to the beneficiary by any public authority:

…

Please note that pursuant to point (58) of the Guidelines, where no specific counterfactual scenario is known, the incentive effect can be assumed when there is a funding gap. That is the case when the investment costs exceed the net present value (NPV) of the expected operating profits of the investment on the basis of an ex ante business plan.

1.2.15.

Please specify which document(s) related to the investment project under assessment are submitted as part of the notification:

…

Please note that pursuant to point (56) of the Guidelines, the Member States are invited to draw on genuine and official board documents, risk assessments, including the assessment of location-specific risks, financial reports, internal business plans, expert opinions and other studies related to the investment project under assessment. Those documents need to be contemporary to the decision-making process concerning the investment or its location. Documents containing information on demand forecasts, cost forecasts, financial forecasts, documents that are submitted to an investment committee and that elaborate on various investment scenarios, or documents provided to the financial institutions could help the Member States to demonstrate the incentive effect.

1.2.16.

Please specify how will be the level of profitability evaluated:

…

Please note that pursuant to point (57) of the Guidelines, the level of profitability may be evaluated by using methods that are standard practice in the sector concerned and which may include methods to evaluate the net present value (NPV)

The NPV of a project is the difference between the positive and negative cash flows over the lifetime of the investment, discounted to their current value (typically using the cost of capital).

of the project, the internal rate of return (IRR)

The IRR is not based on accounting earnings in a given year, but takes into account the stream of future cash flows that the investor expects to receive over the entire lifetime of the investment. It is defined as the discount rate for which the NPV of a stream of cash flows equals zero.

or the average return on capital employed (ROCE). The profitability of the project is to be compared with normal rates of return applied by the beneficiary in other investment projects of a similar kind. Where these rates are not available, the profitability of the project is to be compared with the cost of capital of the undertaking as a whole or with the rates of return commonly observed in the sector concerned.

1.2.17.

Does the investment project present a funding gap, i.e., do the investment costs exceed the NPV of the expected operating profits of the investment on the basis of an ex ante business plan?

☐yes ☐no

If the answer is yes, please provide the details:

…

Please note that pursuant to point (58) of the Guidelines, when the investment project presents a funding gap, that is when the investment costs exceed the NPV of the expected operating profits of the investment on the basis of an ex ante business plan, the incentive effect can be assumed.

1.3.

No breach of relevant provisions of Union law

To provide the information in this section, please refer to section 3.1.3 (points (60) – (64)) of the Guidelines.

1.3.1.

Please confirm that the State aid measure, the conditions attached to it, including its financing method when the financing method forms an integral part of the State aid measure, or the activity it finances does not entail a violation of relevant Union law:

☐yes ☐no

Please note that pursuant to point (60) of the Guidelines, if a State aid measure, the conditions attached to it, including its financing method when the financing method forms an integral part of the State aid measure, or the activity it finances entails a violation of relevant Union law, the aid cannot be declared compatible with the internal market.

Please provide information confirming that the aid measure does not entail a violation of relevant Union law:

…

1.3.2.

Please confirm that State aid in the fishery and aquaculture sector is not granted:

(a) ☐in support of fishing activities involving serious infringements under Article 42 of Council Regulation (EC) No 1005/2008

Council Regulation (EC) No 1005/2008 establishing a Community system to prevent, deter and eliminate illegal, unreported and unregulated fishing (OJ L 286, 29.10.2008, p 1, ELI: http://data.europa.eu/eli/reg/2009/1224/oj).

or Article 90 of Council Regulation (EC) No 1224/2009

Council Regulation (EC) No 1224/2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy (OJ L 343, 22.12.2009, p. 1).

and constituting or supporting illegal, unreported and unregulated (IUU) fishing

For example, fishing without a valid fishing licence, fishing in a closed area, during a closed season, without or after attainment of a quota; fishing beyond a closed depth; fishing for a stock which is subject to a moratorium or for which fishing is prohibited; using prohibited or non-compliant fishing gear; fishing in the area of a regional fisheries management organisation in a manner inconsistent with or in contravention of the conservation and management measures of that organisation, etc.

;

(b) ☐in support of the operation, management or ownership of a fishing vessel included in the Union IUU vessel list as referred to in Article 40(3) of Regulation (EC) No 1005/2008, or of a vessel flying the flag of countries identified as non-cooperating third countries as set out in Article 33 of that Regulation.

Please note that pursuant to point (60) of the Guidelines, the Commission will not declare the aid compatible with the internal market, if it supports any of the activities listed in point (61) of the Guidelines.

1.3.3.

Please confirm that State aid in the fishery and aquaculture sector is not involving:

(a) ☐non-compliance with the rules laid down in Regulation (EU) 1379/2013 of the European Parliament and of the Council

Regulation (EU) No 1379/2013 of the European Parliament and of the Council on the common organisation of the markets in fishery and aquaculture products (OJ L 354, 28.12.2013, p. 1, ELI: http://data.europa.eu/eli/reg/2013/1379/oj).

governing the common organisation of the market;

(b) ☐an increase in fishing capacity or construction of new vessels that directly and automatically lead to non-compliance by the Member State with Article 22(7) of Regulation (EU) 1380/2013 and the fishing capacity ceilings set out in its Annex II.

Please note that pursuant to point (60) of the Guidelines, the Commission will not declare the aid compatible with the internal market, if it supports any of the activities listed in point (61) of the Guidelines.

1.3.4.

Is the aid subject to the obligation for the beneficiary undertaking to use national products or services?

☐yes ☐no

If the answer is yes, please note that pursuant to point (62) of the Guidelines, the aid cannot be declared compatible with the internal market.

1.3.5.

Does the aid restrict the possibility for the beneficiary undertaking to exploit the research, development and innovation results in other Member States?

☐yes ☐no

If the answer is yes, please note that pursuant to point (62) of the Guidelines, the aid cannot be declared compatible with the internal market.

1.3.6.

Please confirm whether the aid is

(a) granted for export-related activities to third countries or to Member States, which would be directly linked to the quantities exported?

☐yes ☐no

(b) contingent upon the use of domestic over imported goods?

☐yes ☐no

(c) granted for establishing and operating a distribution network?

☐yes ☐no

(d) granted to cover any other expenditure linked to export activities?

☐yes ☐no

Please note that pursuant to point (63) of the Guidelines, the Commission will not authorise aid for export-related activities to third countries or to Member States which would be directly linked to the quantities exported, aid contingent upon the use of domestic over imported goods, or aid to establish and operate a distribution network or to cover any other expenditure linked to export activities. However, aid towards the cost of participating in trade fairs, or of studies or consultancy services needed for the launch of a new or existing product on a new market in principle does not constitute export aid.

1.3.7.

Does the system of financing form an integral part of the aid measure?

☐yes ☐no

If the answer is yes, please specify the system of financing:

…

Please note that pursuant to point (29) of the Guidelines, when the system of financing, for example by parafiscal levies forms an integral part of the aid measure, it must be notified.

1.3.8.

Please provide information on how the national authorities will verify compliance with points (61), (62) and (63) of the Guidelines:

…

  1. SECOND CONDITION: THE AID CANNOT ADVERSELY AFFECT TRADING CONDITIONS TO AN EXTENT CONTRARY TO THE COMMON INTEREST

Pursuant to Article 107(3), point (c), of the Treaty, aid to facilitate the development of certain economic activities or of certain economic areas can be declared compatible only where such aid does not adversely affect trading conditions to an extent contrary to the common interest.

By its very nature, any aid measure generates distortions of competition and has an effect on trade between Member States. However, in order to establish if the distortive effects of the aid are limited to the minimum, the Commission will verify whether the aid is necessary, appropriate, proportionate and transparent.

The Commission will assess the distortive effect of aid in question on competition and trading conditions. The Commission will then balance the positive effects of the aid with its negative effects on competition and trade. Where the positive effects outweigh the negative effects, the Commission will declare the aid compatible with the internal market.

2.1.

The need for the State intervention

To provide the information in this section, please refer to section 3.2.1. (points (69)-(71)) of the Guidelines.

2.1.1.

Pursuant to points (69) and (70) of the Guidelines, State aid must be targeted to situations where aid can bring about a material development that the market cannot deliver, for example by remedying a market failure to the aided activity or investment in question. State aid measures can indeed, under certain conditions, correct market failures thereby contributing to the efficient functioning of markets and enhancing competitiveness. This holds especially in a context of scarce public resources.

In order to assess the compliance with points (69) and (70) of the Guidelines, please provide all information demonstrating the need for State intervention:

…

Please note that pursuant to point (71) of the Guidelines, the Commission considers that the market is not delivering the expected objectives without State intervention concerning the aid fulfilling the specific conditions laid down in Part I, Chapter 2, Section 2.3 and Part II, Chapter 1, Sections 1.1, 1.2, 1.3 and 1.4, and Chapter 2, Section 2.2 of the Guidelines. Therefore, such aid will be considered necessary.

2.2.

The appropriateness of the aid

To provide the information in this section, please refer to section 3.2.2. (points (72)-(79)) of the Guidelines.

The proposed aid must be an appropriate policy instrument to facilitate the development of the economic activity. There may be other, better placed instruments, such as regulation, market-based instruments, infrastructure development and improvement in the business environment, to achieve the objectives of the aid. The Member State must demonstrate that the aid and its design are appropriate to achieve the objective of the measure at which the aid is targeted.

2.2.1.

Please indicate if the aid fulfils the specific conditions laid down for the following categories of aid:

☐

aid to make good the damage caused by natural disasters or exceptional occurrences, in accordance with Part II, Chapter 1, Section 1.1 of the Guidelines;

☐

aid to make good the damage caused by adverse climatic events which can be assimilated to a natural disaster, in accordance with Part II, Chapter 1, Section 1.2 of the Guidelines;

☐

aid for the costs of prevention, control and eradication of animal disease in aquaculture and of infestations by invasive alien species, and aid to make good the damage caused by those animal diseases and infestations, in accordance with Part II, Chapter 1, Section 1.3 of the Guidelines;

☐

aid to make good the damage caused by protected animals, in accordance Part II, Chapter 1, Section 1.4 of the Guidelines;

☐

aid for the renewal of the fishing fleet in outermost regions, in accordance with Part II, Chapter 2, Section 2.2 of the Guidelines;

☐

aid for categories of measures covered by Regulations on block exemptions, in accordance with Part I, Chapter 2, Section 2.3 of the Guidelines;

☐

aid measure of the same kind as an operation that is eligible for funding under Regulation (EU) 2021/1139 of the European Parliament and of the Council

Regulation (EU) 2021/1139 of the European Parliament and of the Council of 7 July 2021 establishing the European Maritime, Fisheries and Aquaculture Fund and amending Regulation (EU) 2017/1004 (OJ L 247, 13.7.2021, p. 1, ELI: http://data.europa.eu/eli/reg/2021/1139/oj).

.

Pursuant to point (73) of the Guidelines, the Commission considers that aid measures which meet the specific conditions laid down in Part I, Chapter 2 , Section 2.3, and Part II, Chapter 1, Sections 1.1, 1.2, 1.3, 1.4 and 1.5, and Part II, Chapter 2, Section 2.2, are an appropriate policy instrument. An aid measure of the same kind as an operation that is eligible for funding under Regulation (EU) 2021/1139 is appropriate if it complies with the relevant provisions of that Regulation.

Appropriateness among alternative policy instruments

2.2.2.

Pursuant to point (73) of the Guidelines, please demonstrate that no other less distortive policy instrument exists:

…

2.2.3.

Is the aid to be granted for a fleet measure or for cessation of fishing activities, in accordance with a category of aid under Part II, Chapter 3, of the Guidelines, while the same intervention is concurrently provided for in the relevant EMFAF programme?

☐yes ☐no

If the answer is yes, please set out the advantages of such a national aid instrument compared to the relevant intervention in the EMFAF programme:

…

Appropriateness among different forms of aid

Pursuant to point (76) of the Guidelines, aid can be granted in various forms. The Member State should however ensure that the aid is granted in the form that is likely to generate the least distortions of trade and competition.

Pursuant to point (79) of the Guidelines, the compatibility assessment of an aid measure with the internal market is without prejudice to the applicable public procurement rules and to the principles of transparency and openness and non-discrimination in the selection process of a service provider.

2.2.4.

In order to assess the compliance with point (76) of the Guidelines, please specify the form of the aid and demonstrate that this form is likely to generate the least distortions of trade and competition:

…

2.2.5.

Please confirm whether aid is to be granted in the form provided for:

☐

in the applicable Section of the Guidelines

☐

in the respective EMFAF intervention in accordance with Regulation (EU) 2021/1139.

Please identiy the relevant aid category, as well as the form of the aid:

…

Please note that pursuant to point (77) of the Guidelines, the Commission considers that aid granted in the form provided for in these Guidelines or in the respective EMFAF intervention in accordance with Regulation (EU) 2021/1139 is an appropriate form of aid.

2.2.6.

Is the aid is granted in form(s) that provide a direct pecuniary advantage (for example, direct grants, exemptions or reductions in taxes, social security or other compulsory charges)?

☐yes ☐no

If the answer is yes, please demonstrate why other potentially less distortive forms of aid (for example, repayable advances or forms of aid that are based on debt or equity instruments

For example, low-interest loans or interest rebates, State guarantees or an alternative provision of capital on favourable terms.

) are less appropriate:

…

2.3.

The proportionality of the aid and cumulation

To provide the information in this section, please refer to section 3.2.3. (points (80)- (104) of the Guidelines.

Aid in the fishery and aquaculture sector is considered to be proportionate, if the aid amount per beneficiary undertaking is limited to the minimum needed for carrying out the aided activity. In order to ensure predictability and a level playing field, the application of maximum aid intensities for aid is foreseen in the Guidelines.

2.3.1.

Does the aid amount exceed the eligible costs?

☐yes ☐no

Please note that that pursuant to point (81) of the Guidelines, the aid is considered to be proportionate if it does not exceed the eligible costs.

2.3.2.

Are maximum aid intensities and maximum aid amounts calculated as set out in the applicable section of Part II of the Guidelines?

☐yes ☐no

Please explain how the eligible costs are calculated:

…

Please note that, pursuant to point (83) of the Guidelines, the criterion of proportionality is deemed to be fulfilled only if the eligible costs and the maximum aid intensities or maximum aid amounts are calculated as set out in the Sections of Part II of the Guidelines.

2.3.3.

Does the amount of aid respect the applicable maximum intensity of public aid as set in Annex IV to Commission Regulation (EU) 2022/2473

Commission Regulation (EU) 2022/2473 of 14 December 2022 declaring certain categories of aid to undertakings active in the production, processing and marketing of fishery and aquaculture products compatible with the internal market in application of Articles 107 and 108 of the Treaty on the Functioning of the European Union (OJ L 327, 21.12.2022, p. 82, ELI: http://data.europa.eu/eli/reg/2022/2473/oj).

for categories of measures covered by that Regulationas set out in Part I, Chapter 2, Section 2.3 of the Guidelines?

☐yes ☐no

Please note that the principle of proportionality is deemed to be respected only if the applicable maximum aid intensity in Regulation (EU) 2022/2473 is not exceeded. If your answer is no, please note that, pursuant to point (84) of the Guidelines, if an aid measure goes beyond the provisions set out in Regulation (EU) 2022/2473 , the Member State must demonstrate the justification for and the indispensability of the aid. Please provide the justification for the maximum aid intensity and demonstrate the indispensability of the aid.

…

2.3.4.

Will the maximum aid intensity and aid amount be calculated by the granting authority when granting the aid?

☐yes ☐no

2.3.5.

Will the eligible costs be supported by the clear, specific and contemporary documentary evidence?

☐yes ☐no

2.3.6.

When calculating the aid intensity and the eligible costs, will all figures be taken before any deduction of tax or other charge?

☐yes ☐no

2.3.7.

Is the value added tax (VAT) eligible for aid?

☐yes ☐no

2.3.8.

If the answer to the previous question is yes, is the VAT recoverable under national VAT legislation?

☐yes ☐no

Please note that pursuant to point (86) of the Guidelines, value added tax (VAT) is not eligible for aid, except where it is not recoverable under national VAT legislation.

2.3.9.

If the aid is granted in a form other than a grant, is the aid amount the gross grant equivalent of the aid?

☐yes ☐no

2.3.10.

Is the aid payable in several instalments?

☐yes ☐no

If the answer is yes, will the aid be discounted to its value at the moment of granting the aid?

☐yes ☐no

Please note that, pursuant to point (88) of the Guidelines, the eligible costs must be discounted to their value at the moment of granting the aid. Furthermore, the interest rate to be used for discounting purposes is the discount rate applicable on the date of granting the aid.

2.3.11.

If the aid payable in the future, will it be discounted to its value at the moment it is granted?

☐yes ☐no

2.3.12.

Is the aid granted by means of tax advantages?

☐yes ☐no

If the answer is yes, is the discounting of aid tranches executed on the basis of the discount rates applicable at the various times the tax advantage takes effect?

☐yes ☐no

2.3.13.

Is the aid amount for the measure(s) fixed on the basis of standard assumptions of additional costs and income foregone?

☐yes ☐no

If the answer is yes, please describe the aid category for which it will be applied:

…

Please note that pursuant to point (90) of the Guidelines, simplified cost options cannot apply to aid set out in Part II, Chapter 1 and Chapter 3 of the Guidelines.

2.3.14.

Is the aid granted in one of the following simplified cost options?

☐

unit costs;

☐

lump sums;

☐

flat-rate financing.

If the answer to the previous question is yes, please indicate the method of establishing the aid amount:

☐

a fair, equitable and verifiable calculation method based on one or more of the following:

(i) statistical data, other objective information or an expert judgement; or

(ii) verified historical data of individual beneficiary undertakings; or

(iii) the application of usual cost accounting practices of individual beneficiary undertakings;

☐

in accordance with the rules for application of corresponding unit costs, lump sums and flat rates applicable in Union policies for a similar type of operation.

As part of the notification, please submit the relevant supporting documentation.

2.3.15.

If the measure is co-financed by the Union, are the amounts of eligible costs calculated in accordance with the simplified cost options set out in Regulation (EU) 2021/1060 of the European Parliament and of the Council

Regulation (EU) 2021/1060 of the European Parliament and of the Council of 24 June 2021 laying down common provisions on the European Regional Development Fund, the European Social Fund Plus, the Cohesion Fund, the Just Transition Fund and the European Maritime, Fisheries and Aquaculture Fund and financial rules for those and for the Asylum, Migration and Integration Fund, the Internal Security Fund and the Instrument for Financial Support for Border Management and Visa Policy (OJ L 231, 30.6.2021, p. 159, ELI: http://data.europa.eu/eli/reg/2021/1060/oj).

?

☐yes ☐no

Please describe the calculation of the eligible costs and submit the relevant supporting documentation:

…

2.3.16.

Is there an insurance available on the market for the risk event in relation to which the aid is grated?

☐yes ☐no

If the answer is yes, please confirm whether the beneficiary has taken out such insurance.

☐yes ☐no

If the answer is no for any of the above two questions, please provide further details:

…

2.3.17.

Regarding aid to compensate for losses caused by adverse climatic events which can be assimilated to a natural disaster, please confirm that aid at the maximum aid intensity will be granted only to undertakings that cannot be covered for such losses by insurance.

☐yes ☐no

Please note that, pursuant to point (93) of the Guidelines, when assessing the compatibility of aid, the Commission will consider any insurance taken out, or which could have been taken out by the aid beneficiary. Regarding aid to compensate for losses caused by adverse climatic events which can be assimilated to a natural disaster, in order to avoid the risk of distorting competition, aid at the maximum aid intensity should be granted only to an undertaking that cannot be covered for such losses by insurance.

Additional conditions for individually notified investment aid and investment aid to large enterprises under notified schemes

2.3.18.

In the case of individually notified investment aid, does the aid amount correspond to the net extra costs of implementing the investment in the area concerned, compared to the counterfactual scenario in the absence of aid?

☐yes ☐no

Please describe the counterfactual scenario:

…

Please note that, pursuant to point (94) of the Guidelines, as a general rule, aid will be considered to be limited to the minimum if the aid amount corresponds to the net extra costs of implementing the investment in the area concerned, compared to the counterfactual scenario in the absence of aid

When comparing counterfactual scenarios, the aid is to be discounted by the same factor as the corresponding investment and counterfactual scenarios.

, with maximum aid intensities as a cap.

2.3.19.

Please provide the following information:

(a) the calculation of the investment's Internal Rate of Return (IRR) with and without the aid:

…

(b) information on the relevant market benchmarks for the undertaking (e.g., normal rates of return required by a beneficiary to undertake similar projects, cost of capital of the company as a whole):

…

(c) explanation of why, on the basis of the above, the aid is the minimum necessary to render the project sufficiently profitable:

…

2.3.20.

Is the aid amount limited to the minimum necessary to render the project sufficiently profitable?

☐yes ☐no

Please justify your assessment:

…

Please note that, pursuant to point (95) of the Guidelines, the aid amount should not exceed the minimum necessary to render the project sufficiently profitable. For example, the aid amount should not lead to an increase of its IRR beyond the normal rates of return applied by the undertaking concerned in other investment projects of a similar kind or, if these rates are not available, to an increase of its IRR beyond the cost of capital of the undertaking as a whole or beyond the rates of return commonly observed in the sector concerned

2.3.21.

Does the analysis on the proportionality of individually notifiable investment aid use the calculations for the analysis of the incentive effect (points (55) to (58) of the Guidelines)?

☐yes ☐no

Please provide the analysis and demonstrate the proportionality on the basis of supporting documentation (for example, through the documentation set out in point (56) of the Guidelines):

…

2.3.22.

Where the aid granted is granted for investments to large enterprises under notified schemes, is it ensured that the aid amount corresponds to the net extra costs of implementing the investment in the area concerned, compared to the counterfactual scenario in the absence of aid?

☐yes ☐no

Please justify your assessment:

…

Please note that, pursuant to point (96) of the Guidelines, in order to ensure that the aid amount corresponds to the net extra costs of implementing the investment in the area concerned, compared to the counterfactual scenario in the absence of aid, the method set out in point (95) of the Guidelines must be used together with maximum aid intensities as a cap.

2.3.23.

Is the beneficiary a municipality that is an autonomous local authority with an annual budget of less than EUR 10 million and fewer than 5000 inhabitants?

☐yes ☐no

If the answer is yes, please note that points (94) to (97) of the Guidelines do not apply.

Cumulation of aid

2.3.24.

Is the notified aid granted concurrently under several schemes or cumulated with ad hoc aid?

☐yes ☐no

If the answer to the previous question is yes, is the total amount of State aid for an activity or project limited to the maximum aid intensity or maximum aid amount laid down in the Guidelines?

☐yes ☐no

2.3.25.

Does the notification concern aid with identifiable eligible costs?

☐yes ☐no

If the answer is yes, will that aid be cumulated with other aid concerning different identifiable eligible costs?

☐yes ☐no

If the answer is yes, please provide a justification:

…

2.3.26.

Will the aid with identifiable eligible costs be cumulated with other State aid in relation to the same eligible costs?

☐yes ☐no

If the answer is yes, please confirm that such cumulation does not result in exceeding the highest aid intensity or aid amount applicable to the type of aid under the Guidelines.

☐yes ☐no

Pursuant to point (100) of the Guidelines, the aid with identifiable eligible costs cumulated with any other State aid, in relation to the same eligible costs, can be partly or fully overlapping only if such cumulation does not result in exceeding the highest aid intensity or aid amount applicable to this type of aid under the Guidelines.

2.3.27.

Does the notification concern aid without identifiable eligible costs?

☐yes ☐no

If the answer is yes, will that aid be cumulated with other State aid with identifiable eligible costs?

☐yes ☐no

2.3.28.

Will the aid without identifiable eligible costs be cumulated with other State aid without identifiable eligible costs?

☐yes ☐no

If the answer is yes, please confirm that such cumulation does not result in exceeding the highest relevant aid intensity or aid amount fixed in the Guidelines or other State aid guidelines, or block exemption regulation or a decision adopted by the Commission.

☐yes ☐no

If the answer is yes, please specify the maximum threshold of the applicable aid instrument:

…

Pursuant to point (101) of the Guidelines, aid without identifiable eligible costs may only be cumulated with other State aid without identifiable eligible costs, up to the highest relevant total financing threshold fixed in the specific circumstances of each case by the Guidelines or other State aid guidelines, a regulation on block exemption or a decision adopted by the Commission.

2.3.29.

Is aid in favour of the fishery and aquaculture sector cumulated with payments referred referred to in Regulation (EU) 2021/1139 in respect of the same eligible costs?

☐yes ☐no

If the answer is yes, will such cumulation respect an aid intensity or aid amount laid down in the Guidelines?

☐yes ☐no

2.3.30.

Is the aid combined with Union fund(s) centrally managed by the institutions, agencies, joint undertakings or other bodies of the Union that is/are not directly or indirectly under the control of the Member State?

☐yes ☐no

Please note that pursuant to point (103) of the Guidelines, if the Union funds are not directly or indirectly under the control of the Member State, only the State aid will be considered for determining whether notification thresholds and maximum aid intensities and ceilings are respected, provided that the total amount of public funding granted in relation to the same eligible costs does not exceed the most favourable funding rate(s) laid down in the applicable rules of Union law. Please confirm that this is the case:

☐yes ☐no

Please provide information on the applicable Union law, referred to in point (103) of the Guidelines:

…

2.3.31.

Where the aid authorised under the Guidelines is cumulated with de minimis aid in respect of the same eligible costs, does such cumulation respect an aid intensity or aid amount fixed in the Guidelines?

☐yes ☐no

Pursuant to point (104) of the Guidelines, aid authorised under the Guidelines should not be cumulated with any de minimis aid in respect of the same eligible costs if such cumulation would result in an aid intensity or aid amount exceeding that fixed in these Guidelines.

2.4.

Transparency

To provide the information in this section, please refer to section 3.2.4. (points 105 - 108) of the Guidelines.

2.4.1.

Will the Member State ensure the publication of the following information in the European Commission’s transparency award module on a comprehensive State aid website at national or regional level?

☐

the full text of the aid scheme and its implementing provisions or legal basis for individual aid, or a link to it;

☐

the identity of the granting authority/(ies);

☐

the identity of the individual beneficiaries, the form and amount of aid granted to each beneficiary, the date of granting, the type of undertaking (SME/ large enterprise), the region in which the beneficiary is located (at NUTS level II) and the principal economic sector in which the beneficiary has its activities (at NACE group level). Such a requirement can be waived with respect of individual aid awards not exceeding the threshold of EUR 10000.

2.4.2.

Please confirm as regards the aid schemes in the form of tax advantages that the information on individual aid amount is provided in the following ranges (in EUR million):

☐

0,01 to 0,03

☐

0,03 to 0,5;

☐

0,5 to 1;

☐

1 to 2;

☐

2 and more.

2.4.3.

Please explain whether the information set out in point (105) of the Guidelines will be published:

☐

in the European Commission’s transparency award module

State Aid Transparency Public Search, available at the following website: https://webgate.ec.europa.eu/competition/transparency/public?lang=en.

;

☐

on a comprehensive national or regional State aid website.

Please provide the link of the comprehensive national or regional State aid website where the information will be published:

…

2.4.4.

Please confirm that such information:

☐

will be published after the decision to grant the aid has been taken

This information must be published within six months from the date of granting the aid (or, for aid in the form of tax advantage, within one year from the date of the tax declaration). In the case of unlawful aid, Member States will be required to ensure the publication of this information ex post, at least within a period of six months from the date of the Commission decision. The information must be available in a format which allows data to be searched, extracted, and easily published on the internet, for instance in CSV or XML format.

;

☐

will be kept for at least 10 years;

☐

will be available for the general public without restrictions.

2.4.5.

Please confirm that reporting and revision as required in Part III, Section 4 will be carried out:

☐yes ☐no

Please note that pursuant to point (108) of the Guidelines, for reasons of transparency Member States must carry out reporting and revision as required in Part III, Section 4 of the Guidelines.

2.5.

Avoidance of adverse negative effects on competition and trade

To provide the information in this section, please refer to section 3.2.5 (points (109)-(124)) of the Guidelines.

Aid for the fishery and aquaculture sector may potentially cause product market distortions. Certain aid may raise concerns on building up overcapacity in declining markets regarding the primary production of fisheries and aquaculture products and their processing and marketing. For the aid to be compatible with the internal market, the negative effects of the aid in terms of distortions of competition and impact on trade between Member States must be minimised or avoided.

Even where aid is necessary and proportionate, it may result in a change of the behaviour of the beneficiary undertaking which distorts competition. This is more likely in the fishery and aquaculture sector which differs from other markets due to its specific structure, as it is characterised by a high number of small undertakings involved and by fish stocks being a common, limited resource. On such markets the risk of distortion of competition is high even when only small amounts of aid are granted.

Pursuant to point (110) of the Guidelines, the Commission will identify the market(s) affected by the aid, taking into account the information provided by the Member State on the product market(s) concerned, that, is to say the market(s) affected by the change in behaviour of the aid beneficiary.

2.5.1.

Please describe the product market(s) concerned, i.e., the market(s) affected by the change in behaviour of the aid beneficiary.

…

Please note that in assessing the negative effects of the aid measure, the Commission will focus its analysis of the distortions of competition on the predictable impact the aid in the fishery and aquaculture sector on competition between undertakings in the product market(s) affected

A number of markets may be affected by the aid, because the impact of the aid may not be restricted to the market corresponding to the activity that is supported but may extend to other markets, which are connected to that market either because they are upstream, downstream or complementary, or because the beneficiary is already present on them or may be so present in the near future.

.

2.5.2.

Is the aid is well targeted, proportionate and limited to the net extra costs?

☐yes ☐no

Pursuant to point (111) of the Guidelines, if the aid is well targeted, proportionate and limited to the net extra costs, the negative impact of the aid is softened and the risk that the aid will adversely distort competition will be more limited. In order to provide this information, please refer also to Section 2.1.1. of this Information sheet. Please justify your assessment.

…

2.5.3.

Is the maximum aid intensity or aid amount as set out in a specific Section of the Guidelines respected?

☐yes ☐no

Please provide the maximum aid intensity or the aid amount:

…

The Commission considers that if the maximum aid intensity or aid amount is respected, the negative impact of the aid is softened and the risk that the aid will adversely distort competition is more limited.

Investment aid schemes for the processing and marketing of fishery and aquaculture products

2.5.4.

For investment aid schemes for the processing and/or the marketing of fishery and aquaculture products, please demonstrate that any negative effects will be limited to the minimum taking into account, for example, the size of the projects concerned, the individual and cumulative aid amounts, the expected beneficiaries as well as the characteristics of the targeted sectors.

…

2.5.5.

Regarding investment aid schemes for the processing and/or marketing of fishery and aquaculture products, the Member States are encouraged to submit an impact assessment at their disposal as well as ex-post evaluations carried out for similar schemes in order to enable the Commission to assess the likely negative effects of the aid scheme.

Is an impact assessment submitted together with the notification?

☐yes ☐no

Is an ex post evaluation submitted together with the notification?

☐yes ☐no

Individually notifiable investment aid for the processing and/or marketing of fishery and aquaculture products and investment aid to large enterprises under notified schemes

Pursuant to point (116) of the Guidelines, in appraising the negative effects of individual investment aid, the Commission places particular emphasis on the negative effects linked with the build-up of overcapacity in declining markets, the prevention of exit, and the notion of substantial market power. These negative effects are described in points (117) to (124) of the Guidelines and must be counterbalanced with the positive effects of the aid.

2.5.6.

In order to allow the Commission to identify and assess the potential distortions of competition and trade, please provide evidence permitting the Commission to identify the product markets concerned (that is to say, products affected by the change in the behaviour of the aid beneficiary) and to identify the competitors and customers/consumers affected:

…

Pursuant to point (117) of the Guidelines, the product concerned is typically the product covered by the investment project

For investment projects that involve the production of several different products, each product must be assessed.

. When the project concerns an intermediate product and a significant part of the output is not sold on the market, the product concerned may be the downstream product. The relevant product market includes the product concerned and its substitutes considered to be such, either by the consumer (by reason of the product’s characteristics, prices, or intended use) or by the producer (by reason of flexibility of production installations).

Please indicate what you regard as the relevant demand and supply side substitutes in this case. Please provide evidence, from an independent third party, if possible, to support your conclusions on this point.

…

2.5.7.

As a result of the aid, will an additional production capacity be created by the project?

☐yes ☐no

If the answer is yes, please provide an estimate of the additional production capacity created (in volume and value terms):

…

2.5.8.

Please provide information on the performance of the products market affected by the aid, i.e., whether it is growing or underperforming:

…

2.5.9.

If the product market affected by the aid is underperforming, please specify whether, in a long-term outlook, the market is structurally in decline (i.e., it is contracting) or in relative decline (i.e., it is still growing, but does not exceed a benchmark growth rate):

…

2.5.10.

In case the geographic market is global, in order to assess the performance of the product market affected by the aid, please provide information on the effect of the aid on the market structures concerned, in particular, its potential to crowd out producers in the EEA:

…

2.5.11.

Please provide information, and supporting evidence, on the relevant geographical market of the beneficiary.

…

2.5.12.

Please specify all the product(s) that will be produced upon the completion of the investment and indicate, where appropriate, the NACE code or CPA nomenclature:

…

2.5.13.

Please indicate whether the product(s) envisaged by the project will replace any other products produced by the beneficiary (at group level):

☐yes ☐no

If the answer is yes, please specify the product(s) which will be replaced. If these replaced products are not produced at the location of the project, indicate where they are currently produced. Please provide a description of the link between the replaced production and the current investment and give a time schedule for the replacement:

…

2.5.14.

Please indicate what other product(s) can be produced with the same new facilities (through flexibility of the production installation of the beneficiary) at little or no additional cost:

…

2.5.15.

Please explain whether the project concerns an intermediate product and whether a significant part of the output is sold otherwise than on the market (under market conditions). Based on the above explanation, for the purpose of calculating the market share and capacity increase in the remainder of the section, please indicate whether the product concerned is the product envisaged by the project or whether it is a downstream product.

…

2.5.16.

In order to assess the market power of the beneficiary, please provide the following information on the beneficiary’s market position (over a period of time before receiving the aid and the expected market position after finalising the investment):

(a) an estimate of all sales (in value and volume terms) of the aid recipient in the relevant market (at group level):

…

(b) an estimate of the overall sales of all producers in the relevant market (in volume and value terms). If available, include statistics prepared by public and/or independent sources:

…

2.5.17.

Please provide information on the market shares of the beneficiary, as well as of the market shares of its competitors:

…

2.5.18.

Please provide an assessment of the structure of the relevant market including, for example, the level of concentration in the market, possible barriers to entry, buyer power and barriers to expansion or exit. Please provide evidence, from an independent third party if possible, to support your conclusions on this point.

…

2.6.

Weighting up the positive and negative effects of the aid (balancing test))

To provide the information in this section, please refer to section 3.2.6 (points (125)–(138)) of the Guidelines.

The Commission assesses whether the positive effects of the aid measure outweigh the identified negative effects on competition and trading conditions. The Commission may conclude on the compatibility of the aid measure with the internal market only where the positive effects outweigh the negative ones. In cases where the proposed aid measure does not address a well-identified market failure in an appropriate and proportionate way, the negative distortive effects on competition will tend to outweigh the positive effects of the measure, hence the Commission is likely to conclude that the proposed aid measure is incompatible with the internal market.

Pursuant to point (138) of the Guidelines, for aid categories in Part I, Chapter 2, Sections 2.1.2, 2.2 and point (24) of Section 2.3 and Part II, Chapter 2, Section 2.1 and Section 2.3 and Chapter 3 of the Guidelines, the Commission will balance the identified negative effects on competition and trading conditions of the aid measure with the positive effects of the planned aid on the supported economic activities, including its contribution to the objectives of the CFP, including the objectives of the EMFAF.

2.6.1.

Please specify the positive and negative impacts of the aid on the achievement of the objectives of the Common Fisheries Policy (CFP) set out in Article 2 of Regulation (EU) No 1380/2013 of the European Parliament and of the Council

Regulation (EU) No 1380/2013 of the European Parliament and of the Council of 11 December 2013 on the Common Fisheries Policy, OJ L 354, 28.12.2013, p. 22.

and of Regulation (EU) 2021/1139:

…

2.6.2.

Will the aid contravene the objective that fishing and aquaculture activities are environmentally sustainable in the long-term and managed in a way that is consistent with the objectives of achieving economic, social and employment benefits and of contributing to the availability of food supply (Article 2(1) of Regulation (EU) No 1380/2013)?

☐yes ☐no

Please justify your assessment:

…

2.6.3.

Will the aid contravene the objective to ensure coherence with Union environmental legislation (Article 2(5), point (j), of Regulation (EU) No 1380/2013).

☐yes ☐no

Please justify your assessment:

…

If your answer is yes to question 2.6.2 or question 2.6.3 above, please note that pursuant to point (127) of the Guidelines, measures that contravene any of those objectives are unlikely to create positive effects for the CFP and may have negative effects on competition and trade because of the limited resources for which undertakings in the sector are competing. This will render a positive balancing for such measures unlikely.

2.6.4.

Pursuant to points (127) and (134) of the Guidelines, please provide information on the impact of the aid on any risk of fishing capacity enhancement of the concerned vessels and the fleet (in kW or GT), on overfishing or displacement of fishing efforts that could lead to such overfishing, as well as on the balance between the fishing capacity and the available fishing opportunities:

…

Please note that pursuant to point (134) of the Guidelines, aid that contributes to fishing capacity enhancement or results in overfishing or displacement of fishing efforts will likely undermine the objectives of the CFP. Taking into account the legal and economic context of the fisheries sector, where undertakings are competing for limited resources, measures with such effects that are in principle considered to be harmful are unlikely to result in a positive result of the balancing exercise.

2.6.5.

Does the aid fulfil the conditions laid down in the following sections of the Guidelines?

☐

aid for categories of measures covered by Regulations on bock exemption (Part I, Chapter 2, Section 2.3);

☐

aid to make good the damage caused by natural disasters or exceptional occurrences (Part II, Chapter 1, Section 1.1);

☐

aid to make good the damage caused by adverse climatic events which can be assimilated to a natural disaster (Part II, Chapter 1, Section 1.2);

☐

aid for the costs of prevention, control and eradication of animal diseases in aquaculture and of infestations by invasive alien species, and aid to make good the damage caused by those animal diseases and infestations (Part II, Chapter 1, Section 1.3);

☐

aid to make good the damage caused by protected animals (Part II, Chapter 1, Section 1.4);

☐

aid for investments to prevent and mitigate the damage caused by risk events (Part II, Chapter 1, Section 1.5);

☐

aid for the renewal of the fishing fleet in outermost regions (Part II, Chapter 2, Section 2.2).

Please note that pursuant to point (128) of the Guidelines, due to its positive effects on the development of the fishery and aquaculture sector, the Commission considers that for aid fulfilling the conditions laid down in Part I, Chapter 2, Section 2.3, Part II, Chapter 1, Sections 1.1, 1.2 1.3, 1.4 and 1.5, and Part II, Chapter 2, Section 2.2, the negative effect on competition and trade between Member States is limited to the minimum.

2.6.6.

Is the aid co-financed under the EMFAF?

☐yes ☐no

Please note that pursuant to point (129) of the Guidelines, the Commission consider that the related positive effects have been established, with respect to State aid which is co-financed under the EMFAF.

2.6.7.

Does the aid contribute to conservation policy objective(s) by phasing out derogations currently permitted under CFP rules (e.g., derogations from the landing obligation)?

☐yes ☐no

If the answer is yes, please refer to the CFP rules permitting the derogation and explain how the aid contributes to the CFP’s conservation objectives?

…

Pursuant to point (130) of the Guidelines, aid that contributes to conservation policy objectives by phasing out derogations currently permitted under CFP rules, such as derogations from the landing obligation, will be considered to have a positive effect for the objectives of the CFP.

2.6.8.

Does the aid support environmental policy objectives that can be linked to any of the following conservation effort(s) by:

☐

contributing to the good environmental status, as set out in Article 1(1) of Directive 2008/56/EC of the European Parliament and of the Council

Directive 2008/56/EC of the European Parliament and of the Council of 17 June 2008 establishing a framework for community action in the field of marine environmental policy (Marine Strategy Framework Directive) (OJ L 164, 25.6.2008, p. 19).

;

☐

implementing and monitoring marine protected areas, in accordance with Directive 2009/147/EC of the European Parliament and of the Council

Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds (OJ L 20, 26.1.2010, p. 7).

, Council Directive 92/43/EEC

Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (OJ L 206, 22.7.1992, p. 7).

and Directive 2008/56/EC;

☐

implementing actions contributing to restoring river continuity under Directive 2000/60/EC of the European Parliament and of the Council

Directive 2000/60 of the European Parliament and of the Council establishing a framework for Community action in the field of water policy (OJ L 327, 22.12.2000, p 1).

;

☐

implementing actions related to Directive (EU) 2019/904 of the European Parliament and of the Council

Directive (EU) 2019/904 of the European Parliament and of the Council of 5 June 2019 on the reduction of the impact of certain plastic products on the environment (OJ L 155, 12.6.2019, p. 1).

for fishing gears/plastic;

☐

putting in place priority action framework measures for Natura 2000 sites

Directives 92/43/EEC (OJ L 206, 22.7.1992, p. 7) and 2009/147/EC (OJ L 20, 26.1.2010, p. 7).

.

Please provide information on the conservation effort.

…

Pursuant to point (131) of the Guidelines, the Commission considers that the above listed aids positively contribute to the objectives of the CFP.

2.6.9.

Is the aid granted in favour of investments?

☐yes ☐no

If the answer is yes, please provide information under Article 3 of Regulation (EU) 2020/852 of the European Parliament and of the Council

Regulation (EU) 2020/852 of the European Parliament and of the Council of 18 June 2020 on the establishment of a framework to facilitate sustainable investment, and amending Regulation (EU) 2019/2088 (OJ L 198, 22.6.2020, p. 13).

(criteria for environmentally sustainable economic activities), including as regards the Do no significant harm principle, or other comparable methodologies (such as the ecosystem-based approach applied to the management of marine fisheries in line with Article 2(3) of Regulation (EU) No 1380/2013).

…

2.6.10.

Does the aid bring about other positive effect?

☐yes ☐no

If the answer is yes, please indicate which Union policy it reflects:

☐

European Green Deal (COM/2019/640 final)

☐

Sustainable blue economy (COM/2021/240 final)

☐

Farm to Fork Strategy (COM/2020/381final)

☐

Circular Economy Action Plan (COM/2020/98 final).

☐

Biodiversity Strategy (COM/2020/380 final)

☐

EU Action Plan: Towards Zero Pollution for Air, Water and Soil (COM/2021/400 final)

☐

EU Strategy on adaptation to climate change (COM/2013/0216 final and COM/2021/82 final)

☐

Energy efficiency considerations, in particular concerning the first principle of energy efficiency

As set out in Article 1(1) of Directive 2012/27/EU of the European Parliament and of the Council of 25 October 2012 on energy efficiency, amending Directives 2009/125/EC and 2010/30/EU and repealing Directives 2004/8/EC and 2006/32/EC (OJ L 315, 14.11.2012, p. 1, ELI: http://data.europa.eu/eli/dir/2012/27/oj).

☐

the initiative on Shaping Europe’s Digital Future Communication (COM/2020/67 final)

☐

Other (please specify):

…

Please provide further details on the positive effect of aid and explain how is the aid aligned with the Union policy(ies) indicated above:

…

2.6.11.

Does the measure constitute aid:

☐

that increase the fishing capacity of a fishing vessel;

☐

for the acquisition of equipment that increase the ability of a fishing vessel to find fish;

☐

for the construction, acquisition or importation of fishing vessels;

☐

for the transfer or reflagging of fishing vessels to third countries, including through the creation of joint ventures with partners of third countries;

☐

for the temporary cessation of fishing activities;

☐

for the permanent cessation of fishing activities;

☐

for exploratory fishing;

☐

for the transfer of ownership of a business;

☐

for the direct restocking, except as the case may be in the case of experimental restocking;

☐

for the construction of new ports or new auction halls, with the exception of new landing sites;

☐

for market intervention mechanisms aiming to temporarily or permanently withdraw fishery or aquaculture products from the market with a view to reducing supply in order to prevent price decline or to drive prices up that do not comply with Articles 30 and 31 Regulation (EU) No 1379/2013 of the European Parliament and of the Council

Regulation (EU) No 1379/2013 of the European Parliament and of the Council of 11 December 2013 on the common organisation of the markets in fishery and aquaculture products (OJ L 354, 28.12.2013, p. 1, ELI: http://data.europa.eu/eli/reg/2013/1379/oj).

;

☐

for investments on board fishing vessels necessary to comply with the requirements under Union law in force at the time of submission of the application for aid, including requirements under the Union’s obligations in the context of regional fisheries management organisations;

☐

for investments on board fishing vessels that have carried out fishing activities for less than 60 days in the two calendar years preceding the year of submission of the application for aid;

☐

for the replacement or modernisation of a main or ancillary engine of a fishing vessel.

Please note that the above types of aid measures are in principle considered to be harmful, therefore pursuant to point (135) of the Guidelines, with the exception of aid provided for explicitly in the Guidelines, the balancing test is unlikely to be positive with regard to the above types of aid measures.

If you marked a box relating to any of the above aid categories, please explain under which section of the Guidelines such aid is provided for:

…

2.6.12.

Please confirm whether the aid measure includes the following conditions:

(a) ☐safeguards ensuring that the applicant for State aid, or if no application is required an equivalent act, provides that the beneficiary undertaking, complies with the rules of the CFP and continue to do so throughout the period of implementation of the project (grant period) and for a period of five years after the final payment of the aid to the undertaking;

(b) ☐provide that a beneficiary undertaking becomes inadmissible to apply for aid where during the grant period and for a period of five years after the final payment, the beneficiary undertaking

☐

has not complied with the rules of the CFP; or

☐

where the application for aid is submitted under Articles 32 to 39 of Regulation (EU) 2022/2473: beneficiary undertaking committed one or more of the environmental offences laid down in Articles 3 and 4 of Directive 2008/99/EC of the European Parliament and of the Council

Directive 2008/99/EC of the European Parliament and of the Council on the protection of the environment through criminal law (OJ L 328, 6.12.2008, p. 28, ELI: http://data.europa.eu/eli/dir/2008/99/oj).

, as determined by the competent national authority

If you confirmed the above conditions, please indicate whether in those cases the beneficiary must reimburse the aid in proportion to the non-compliance or offence:

☐yes ☐no

Please specify the criteria according to which the national authorities will establish the proportionality to the non-compliance or offence:

…

Please note that pursuant to point (136) of the Guidelines, the balancing test is unlikely to be positive with regard to aid measures that do not include the above conditions. Pursuant to point (137) of the Guidelines, only two exceptions are allowed.

In case you have not included the above conditions ((a) and (b)) for the aid measure, please confirm whether the aid meets the specific conditions for:

☐

aid to make good the damage caused by natural disasters or exceptional occurrences (set out in Part II, Chapter 1, Section 1.1 of the Guidelines);

☐

aid for the costs of prevention, control and eradication of animal diseases in aquaculture (set out in Part II, Chapter 1, Section 1.3 of the Guidelines).

2.7.

Other information

Horizontal and other aid instruments applicable to the fishery and aquaculture sector

To provide the information in this section, please refer to Part I, Section 2.2 (points (8), (20)-(22)) of the Guidelines.

To all aid granted to the fishery and aquaculture sector, the Guidelines apply pursuant to point (8) thereof. This includes the components of regional aid that relate to the fishery and aquaculture sector. They also apply to all other aid that is granted to the fishery and aquaculture sector within the framework of the European Union funds.

The horizontal guidelines and other instruments include the Criteria for the analysis of the compatibility of State aid for training subject to individual notification

Communication from the Commission — Criteria for the analysis of the compatibility of State aid for training subject to individual notification (OJ C 188, 11.8.2009, p. 1).

, the Guidelines on State aid to promote risk finance investments

Communication from the Commission — Guidelines on State aid to promote risk finance investments (OJ C 508, 16.12.2021, p. 1).

, the Framework for State aid for research and development and innovation

Communication from the Commission Framework for State aid for research and development and innovation (OJ C 414, 28.10.2022, p. 1).

, Guidelines on State aid for climate, environmental protection and energy 2022

Communication from the Commission- Guidelines on State aid for climate, environmental protection and energy 2022 (OJ C 80, 18.2.2022, p. 1).

, the Guidelines on State aid for rescuing and restructuring non-financial undertakings in difficulty

Communication from the Commission — Guidelines on State aid for rescuing and restructuring non-financial undertakings in difficulty (OJ C 249, 31.7.2014, p. 1).

, the State aid rules for the deployment of broadband networks

Communication from the Commission – EU Guidelines for the application of State aid rules in relation to rapid deployment of broadband networks (OJ C 25, 26.1.2013, p. 1).

and the Criteria for the compatibility analysis of State aid to disadvantaged and disabled workers subject to individual notification

Communication from the Commission — Criteria for the analysis of the compatibility of State aid for the employment of disadvantaged and disabled workers subject to individual notification (OJ C 188, 11.8.2009, p. 6).

. The Guidelines on regional State aid for 2022-2027

Communication from the Commission – Guidelines on regional State aid (OJ C 153, 29.4.2021, p. 1).

do not apply to the fishery and aquaculture sector, save where State aid is granted in that sector as part of a horizontal regional operating aid scheme.

Where aid falls under a horizontal or other aid instruments, the Commission will assess such aid on the basis of the principles set out in the relevant Sections of those horizontal and other State aid instruments jointly with the conditions set out in Part I, Chapter 3, Section 3.1.3 and Section 3.2.6, of the Guidelines. Please fill in Sections 1.3 and 2.6 of this general information sheet and, in addition, please fill in and attach to your notification the other forms applicable to those horizontal guidelines or instruments.

2.7.1.

Does the aid fall within the scope of certain horizontal guidelines or other instruments adopted by the Commission?

☐yes ☐no

If the answer is yes, please indicate the relevant horizontal guidelines or instruments and the relevant provisions of those acts and demonstrate that the aid fulfils all the criteria set out in the relevant provisions of those acts.

…

Aid for categories of measures covered by Regulations on block exemptions

To provide the information in this section, please refer to Part I, Section 2.3 (points (23)-(25) and (28)) of the Guidelines.

Where aid benefitting SMEs or large enterprises is of the same kind as aid falling within a category of aid that can be considered compatible with the internal market either under Regulation (EU) 2022/2473 or under Commission Regulation (EU) No 651/2014

Commission Regulation (EU) No 651/2014 of 17 June 2014 declaring certain categories of aid compatible with the internal market in application of Articles 107 and 108 of the Treaty (OJ L 187, 26.6.2014, p. 1, ELI: http://data.europa.eu/eli/reg/2014/651/oj).

, please fill in all sections of Part 1 (First condition) and Part 2 (Second condition) of this general information sheet (from section 1.1 to section 2.6) in addition to this section. Please note that, pursuant to points (23) and (24) of the Guidelines, the Commission will assess such aid taking into account the compatibility assessment under Article 107(3), point (c), of the Treaty (Part I, Chapter 3 of the Guidelines) and the criteria laid down for each category of aid set out in the applicable block exemption regulation.

2.7.2.

Is the aid of the same kind as aid falling within a category of aid that can be considered compatible with the internal market under Regulation (EU) 2022/2473?

☐yes ☐no

2.7.3.

Is the aid the same kind that could fall under the following Regulation (EU) 2022/2473 articles?

☐

aid of the same kind as aid falling within the category of aid to make good the damage caused by natural disasters set out in Article 49 of Regulation (EU) 2022/2473;

For this aid category, please also fill in the specific notification form related to Part II, Chapter 1, Section 1.1, of the Guidelines.

☐

aid of the same kind as aid falling within the category of aid to make good the damage caused by adverse climatic events which can be assimilated to a natural disaster set out in Article 51 of Regulation (EU) 2022/2473;

For this aid category, please also fill in the specific notification form related to Part II, Chapter 1, Section 1.2 of the Guidelines.

☐

aid of the same kind as aid falling within the category of aid for the costs of prevention, control and eradication of animal diseases set out in Article 42 of Regulation (EU) 2022/2473;

For this aid category, please also fill in the specific notification form related to Part II, Chapter 1, Section 1.3 of the Guidelines.

☐

aid of the same kind as aid falling within the category of aid to make good the damage caused by protected animals set out in Article 53 of Regulation (EU) 2022/2473;

For this aid category, please also fill in the specific notification form related to Part II, Chapter 1, Section 1.4 of the Guidelines.

☐

aid of the same kind as aid falling within the category of aid to prevent and mitigate the damage caused by animal diseases, natural disasters, adverse climatic events which can be assimilated to a natural disaster and protected animals set out in Articles 43, 48, 50 and 52 of Regulation (EU) 2022/2473;

For this aid category, please also fill in the specific notification form related to Part II, Chapter 1, Section 1.5 of the Guidelines.

☐

aid of the same kind as aid falling within the category of aid for the first acquisition of a fishing vessel set out in Article 20 of Regulation (EU) 2022/2473.

For this aid category, please also fill in the specific notification form related to Part II, Chapter 3, Section 3. of the Guidelines.

2.7.4.

With regard to other categories of aid under Regulation (EU) 2022/2473, does the aid fulfil all the criteria set out in the relevant article(s) of Regulation (EU) 2022/2473?

☐yes ☐no

If the answer is yes, please indicate the relevant article of Regulation (EU) 2022/2473 and demonstrate compliance with the applicable conditions of Regulation (EU) 2022/2473 for that category of aid:

…

If the answer is no, please indicate the article of Regulation (EU) 2022/2473 and specify which condition is not complied with and justify the reason for the derogation and demonstrate the indispensability of the aid:

…

2.7.5.

Is the aid of the same kind as aid falling within a category of aid that can be considered compatible with the internal market under Regulation (EU) No 651/2014?

☐yes ☐no

2.7.6.

Does the aid fulfil all the criteria set out in the relevant article(s) of Regulation (EU) No 651/2014?

☐yes ☐no

If the answer is yes, please indicate the relevant article of Regulation (EU) No 651/2014 and demonstrate compliance with the applicable conditions of Regulation (EU) No 651/2014 for that category of aid.

…

If the answer is no, please indicate the article of Regulation (EU) No 651/2014 and specify which condition is not complied with and justify the reason for the derogation and demonstrate the indispensability of the aid.

…

Aid for other measures

To provide the information in this section, please refer to Part I, Section 2.1.2 (point (13)) of the Guidelines.

2.7.7.

Does the aid correspond to one of the types of aid referred to in Part II, Chapters 1, 2 or 3, and Part I, Chapter 2, Sections 2.2 and 2.3, of the Guidelines?

☐yes ☐no

If the answer is yes, please note that the Commission assesses the aid according to the applicable compatibility criteria for that category of aid.

If the answer is no, the aid in principle is not compatible with the internal market. If a Member State nevertheless intends to provide such aid or provides such aid, the Commission will assess it on a case-by-case basis directly on the basis of Article 107(3) of the Treaty, taking into account the rules laid down in Articles 107, 108 and 109 of the Treaty, and by analogy the Guidelines.

To demonstrate that such aid complies with the principles set out in Part I, Chapter 3 of the Guidelines, please fill in all sections of Part 1 (First condition) and Part 2 (Second condition) of this general information sheet (from Section 1.1 to Section 2.6) in addition to this section.

In addition, please provide any other information which clearly demonstrates that the positive effect of the aid outweighs the identified negative effect on competition and trade:

…

Aid for Northern Ireland

2.7.8.

Is the aid to be granted in Northern Ireland?

☐yes ☐no

If the answer is yes, please note that pursuant to point (12) of the Guidelines, for aid to be granted in Northern Ireland, where a measure requires compliance with conditions laid down in Regulation (EU) No 1380/2013 or Regulation (EU) 2021/1139, equivalent information must be provided in the notification to the Commission pursuant to Article 108(3) of the Treaty.

Please include such information in the specific notification form for the concerned aid category.

Aid in favour of undertakings in difficulty

Pursuant to point (10) of the Guidelines, the Commission considers that when an undertaking is in financial difficulty, given that its very existence is in danger, it cannot be considered an appropriate vehicle for promoting other public policy objectives until such time as its viability is assured.

2.7.9.

Is the beneficiary/Are beneficiaries undertakings in difficulty?

☐yes ☐no

If the answer is yes, please note that where the beneficiary of the aid is undertaking in difficulty as defined in point (31)(bb) of the Guidelines, the aid will be assessed in accordance with the Guidelines on State aid for rescuing and restructuring firms in difficulty

Communication from the Commission — Guidelines on State aid for rescuing and restructuring non-financial undertakings in difficulty (OJ C 249, 31.7.2014, p. 1).

.

If the answer is no, please provide the reference to the national legal basis concerning this point:

…

2.7.10.

Point (10) of the Guidelines provides certain exceptions from the principle of not providing State aid to undertakings in financial difficulties. Please indicate in the box if any of the exceptions apply to the notified aid:

☐

aid to compensate for loss or damage caused by natural disasters and exceptional occurrences referred to in Part II, Chapter 1, Section 1.1, of the Guidelines, provided that the aid is compatible with the internal market under Article 107(2), point (b), of the Treaty;

☐

aid to compensate for loss or damage caused by adverse climatic events which can be assimilated to a natural disaster, animal diseases and infestations by invasive alien species and protected animals referred to in Part II, Chapter 1, Section 1.2, 1.3 or 1.4, of the Guidelines, where the financial difficulty of an undertaking active in the fishery and aquaculture sector was caused by those events, provided that aid is compatible with the internal market under Article 107(3), point (c), of the Treaty;

☐

aid for the prevention, control and eradication of animal diseases in aquaculture referred to in point (188)(a) to (c) and (e) to (h) of Part II, Chapter 1, Section 1.3, of the Guidelines, where the economic situation of the undertaking should not be taken into consideration due to an emergency situation and the need to protect public health, provided that the aid is compatible with the internal market under Article 107(3), point (c), of the Treaty;

☐

aid relating to information actions and for promotion measures which are generic in character, provided that they fall under Part I, Chapter 2, Section 2.3, of the Guidelines.

Aid granted to an undertaking which is subject to an outstanding recovery order

2.7.11.

Is the aid granted to an undertaking, which is subject to an outstanding recovery order following a previous Commission decision declaring an aid illegal and incompatible with the internal market?

☐yes ☐no

If the answer is yes, please note that such aid cannot be declared compatible with the internal market, unless one of the exceptions set out below apply.

If the answer is no, please provide the reference to the national legal basis concerning this point:

…

2.7.12.

Please indicate in the box if any of the exceptions apply to the notified aid:

☐

aid to make good the damage caused by natural disasters and exceptional occurrences under Article 107(2), point (b), of the Treaty(Part II, Chapter 1, Section 1.1, of the Guidelines);

☐

aid for the costs of prevention, control and eradication of animal diseases in aquaculture under point (188)(a) to (c) and (e) to (h) of Part II, Chapter 1, Section 1.3, of the Guidelines.

Any other information

2.7.13.

Please provide any other information which you deem important/necessary for the due assessment of the notified aid measure:

…

1.1.

SUPPLEMENTARY INFORMATION SHEET ON AID TO MAKE GOOD THE DAMAGE CAUSED BY NATURAL DISASTERS OR EXCEPTIONAL OCCURRENCES

This form must be used by Member States for the notification of any State aid to make good the damage caused by natural disasters or exceptional occurrences as described in Section 1.1 of Chapter 1 of Part II of the Guidelines for State aid in the fishery and aquaculture sector

OJ C 107, 23.3.2023, p. 1.

('the Guidelines').

  1. Is the measure an ex ante framework scheme to compensate for the damage caused by natural disasters?

☐yes ☐no

If the answer is yes, please disregard questions 10 and 11.

Please note that aid granted to compensate damage caused by natural disasters other than those mentioned in point (141) of the Guidelines, and damage caused by exceptional occurrences cannot be notified as part of an ex ante framework and must always be separately notified to the Commission. Please also note that, pursuant to point (147) of the Guidelines, measures derogating from the general rules concerning the time of establishment of schemes and payment of aid must be notified separately.

  1. In the case of ex ante framework schemes, please confirm that the Member State will comply with the reporting obligation set out in point (345) of the Guidelines.

☐yes ☐no

  1. Please identify the type of natural disaster or exceptional occurrence that caused – or, in the case of an ex ante framework scheme, could cause – the damage for which compensation is provided for?

(a) natural disasters:

☐

severe storms

☐

severe floods

☐

earthquakes

☐

avalanches

☐

landslides

☐

tornadoes

☐

hurricanes

☐

volcanic eruptions

☐

wild fires of natural origin

☐

other natural disasters,

(b) exceptional occurrences:

☐

war

☐

internal disturbances

☐

strikes

☐

major industrial accidents

☐

major nuclear accidents

☐

fires resulting in widespread loss

☐

other exceptional occurrences.

Please note that the outbreak of an animal disease or a plant pest does not, in principle, constitute an exceptional occurrence.

3.1.

Please describe in detail the natural disaster or exceptional occurrence.

…

  1. Please confirm that the competent authority(ies) of the Member State formally recognised the character of the event as a natural disaster or as an exceptional occurrence?

☐yes ☐no

4.1.

If the answer is yes, please identify the relevant provision(s) in the legal basis.

…

  1. If the notifying Member States established in advance criteria on the basis of which the formal recognition referred to in question 4 is deemed to be granted, please provide those criteria and identify as the national legislation setting them out.

…

  1. Please confirm that the measure prescribes that there is a direct causal link between the natural disaster or the exceptional occurrence and the damage suffered by the undertaking.

☐yes ☐no

6.1.

If the answer is yes, please identify the relevant provision(s) in the legal basis.

…

  1. Please demonstrate the direct causal link between the natural disaster or the exceptional occurrence and the damage suffered by the undertakings:

…

  1. Please confirm that the aid must be paid directly to:

(a) ☐the undertaking concerned,

(b) ☐a producer group or organisation of which that undertaking is a member.

  1. Where the aid is paid to a producer group and organisation, please confirm that the amount of aid must not exceed the amount of aid to which that undertaking is eligible.

☐yes ☐no

9.1.

If the answer is yes, please identify the relevant provision(s) in the legal basis.

…

  1. Please explain when the event occurred, including its starting and ending dates (as applicable).

…

  1. Please confirm that the measure is established within three years from the date of the occurrence of the event.

☐yes ☐no

11.1.

If the answer is yes, please identify the relevant provision(s) in the legal basis.

…

  1. Please confirm that the measure prescribes that aid will be paid out within four years of the date of the occurrence of the event?

☐yes ☐no

12.1.

If the answer is yes, please identify the relevant provision(s) in the legal basis.

…

  1. Please note that, for a specific natural disaster or exceptional occurrence, the Commission will authorise separately notified aid that derogates from the rule set out in point (147) of the Guidelines in duly justified cases (for example, due to the nature and/or extent of the event or delayed or continuing nature of the damage).

13.1.

If that is the case, please provide a detailed justification as to why a derogation from the rule on the time of establishment of schemes and/or payment of aid is warranted.

…

  1. Please confirm that the eligible costs are the costs of the damage incurred as a direct consequence of the natural disaster or exceptional occurrence.

☐yes ☐no

14.1.

If the answer is yes, please identify the relevant provision(s) in the legal basis.

…

  1. Please confirm that the damage will be assessed by:

(a) ☐a public authority

(b) ☐an independent expert recognised by the granting authority

(c) ☐an insurance undertaking

15.1.

Please identify the body(ies) assessing the damage.

…

  1. Please confirm whether the damage includes:

(a) ☐material damage to assets (such as buildings, equipment, machinery, stocks, and means of production)

(b) ☐loss of income due to the full or partial destruction of fishery or aquaculture production or the means of such production

(c) ☐both, i.e., the damage includes (a) and (b)

16.1.

Please identify the provision(s) of the legal basis that reflect the damage. …

  1. Please submit an assessment as precise as possible of the type and extent of damage incurred – or that might be incurred in case of ex ante framework schemes – by undertakings.

…

  1. Please confirm that the measure prescribes that the damage is calculated at the level of the individual beneficiary.

☐yes ☐no

18.1.

If the answer is yes, please identify the relevant provision(s) in the legal basis.

…

  1. In case the eligible costs include material damage to assets, please confirm that the calculation of the material damage is based on the repair cost or economic value of the affected asset before the natural disaster or exceptional occurrence.

☐yes ☐no

19.1.

If the answer is yes, please identify the relevant provision(s) in the legal basis.

…

  1. In case the eligible costs include material damage to assets, please confirm that the calculation of the material damage must not exceed the repair cost or the decrease in fair market value caused by the natural disaster or the exceptional occurrence, that is to say the difference between the asset’s value immediately before and immediately after the natural disaster or exceptional occurrence.

☐yes ☐no

20.1.

If the answer is yes, please identify the relevant provision(s) in the legal basis.

…

  1. In case the eligible costs include loss of income, please confirm that is it calculated pursuant to point (154) of the Guidelines, that is by subtracting: (a) the result of multiplying the quantity of the fishery and aquaculture products produced in the year of the natural disaster or exceptional occurrence, or in each following year affected by the full or partial destruction of the means of production, by the average selling price obtained during that year, from (b) the result of multiplying the average annual quantity of fishery and aquaculture products produced in the three-year period preceding the natural disaster or exceptional occurrence, or a three-year average based on the five-year period preceding the natural disaster or exceptional occurrence, excluding the highest and lowest entry, by the average selling price obtained.

☐yes ☐no

21.1.

If the answer is yes, please identify the relevant provision(s) in the legal basis.

…

  1. Please confirm whether the amount of the compensation may be increased by other costs incurred by the beneficiary undertaking due to the natural disaster or exceptional occurrence.

☐yes ☐no

22.1.

If the answer is yes, please identify the relevant costs.

…

22.2.

If the answer is yes, please identify the relevant provision(s) in the legal basis.

…

  1. Please confirm that the amount of the compensation must be reduced by any costs not incurred because of the natural disaster or the exceptional occurrence which would otherwise have been incurred by the beneficiary undertaking.

☐yes ☐no

23.1.

If the answer is yes, please identify the relevant costs.

…

23.2.

If the answer is yes, please identify the relevant provision(s) in the legal basis.

…

  1. Please note that the Commission may accept other calculation methods provided that those are representative, not based on abnormally high catches or yields and do not result in the overcompensation of any beneficiary undertaking.

If the notifying Member State intends to propose an alternative calculation method, please provide the reasons as to why the method set out in the Guidelines is not appropriate in the case at hand and explain how the alternative calculation method addresses better the identified needs

…

Please submit as an annex to the notification the alternative methodology proposed, together with a demonstration that it is representative, not based on abnormally high catches/yields and do not result in overcompensation of any beneficiary.

…

  1. Please confirm whether the measure provides that, where an SME was set up less than three years from the date of the occurrence of the event, the reference to the three or five-year periods in point (154)(b) must be understood as referring to the quantity produced and sold by an average undertaking of the same size as the applicant, namely a micro enterprise or a small enterprise or a medium enterprise, respectively, in the national or regional sector affected by the natural disaster or exceptional occurrence.

☐yes ☐no

25.1.

If the answer is yes, please identify the relevant provision(s) in the legal basis.

…

  1. Please confirm that the measure prescribes that the aid and any other payments received to compensate the damage, including payments under insurance policies, must be limited to 100 % of the eligible costs.

☐yes ☐no

26.1.

Please provide the maximum aid intensity(ies) applicable under the measure.

…

26.2.

Please identify the provision(s) of the legal basis setting out the 100 % limit and the maximum aid intensity(ies) under the measure.

…

OTHER INFORMATION

  1. Please indicate any other information considered relevant to the assessment of the measure under this Section of the Guidelines.

…

1.2.

SUPPLEMENTARY INFORMATION SHEET ON AID TO MAKE GOOD THE DAMAGE CAUSED BY ADVERSE CLIMATIC EVENTS WHICH CAN BE ASSIMILATED TO A NATURAL DISASTE

This form must be used by Member States for the notification of any State aid to make good the damage caused by adverse climatic events which can be assimilated to a natural disaster as described in Section 1.2 of Chapter 1 of Part II of the Guidelines for State aid in the fishery and aquaculture sector

OJ C 107, 23.3.2023, p. 1.

('the Guidelines').

  1. Is the measure an ex ante framework scheme to compensate for the damage caused by adverse climatic events which can be assimilated to a natural disaster?

☐yes ☐no

If the answer is yes, please disregard questions 10 and 11.

Please note that pursuant to point 167 of the Guidelines aid granted to compensate the damage caused by other types of adverse climatic events which can be assimilated to a natural disaster not mentioned in point (161) of the Guidelines must be separately notified to the Commission.

  1. In the case of ex ante framework schemes, please confirm that the Member State will comply with the reporting obligation set out in point (345) of the Guidelines.

☐yes ☐no

  1. Please identify the type of adverse climatic event which can be assimilated to a natural disaster that caused – or, in the case of an ex ante framework scheme, could cause – the damage for which compensation is provided for?

(a) ☐storms

(b) ☐gusts of wind causing exceptionally high waves

(c) ☐heavy and persistent rainfall

(d) ☐floods

(e) ☐exceptionally elevated water temperatures over a longer period

(f) ☐frost

(g) ☐hail

(h) ☐ice

(i) ☐severe droughts

(j) ☐other adverse climatic events which can be assimilated to a natural disaster

3.1.

Please describe in detail the adverse climatic event in question.

…

  1. Please confirm that the measure prescribes that the damage caused by the adverse climatic event which can be assimilated to a natural disaster must amount to more than 30 % of the average annual production, calculated on the basis of the preceding three calendar years, or a three-year average based on the five-year period preceding the adverse climatic event which can be assimilated to a natural disaster, excluding the highest and lowest entry

☐yes ☐no

4.1.

If the answer is yes, please identify the relevant provision(s) in the legal basis.

…

  1. Please confirm that the measure prescribes that there must be a direct causal link between the adverse climatic event which can be assimilated to a natural disaster and the damage suffered by the undertaking.

☐yes ☐no

5.1.

If the answer is yes, please identify the relevant provision(s) in the legal basis.

…

  1. Please demonstrate the direct causal link between the adverse climatic event which can be assimilated to a natural disaster and the damage suffered by the undertaking.

…

  1. In the case of losses caused by adverse climatic events which can be assimilated to a natural disaster that could be covered under mutual funds financed through Regulation (EU) 2021/1139, please justify why it is intended to grant aid rather than financial compensation being paid through such mutual funds.

…

  1. Please confirm that the aid must be paid directly to:

(a) ☐the undertaking concerned

(b) ☐a producer group or organisation of which that undertaking is a member.

  1. Where the aid is paid to a producer group and organisation, please confirm that the amount of aid must not exceed the amount of aid to which that undertaking is eligible.

☐yes ☐no

9.1.

If the answer is yes, please identify the relevant provision(s) in the legal basis.

…

  1. Please explain when the event occurred, including its starting and ending dates (as applicable).

…

  1. Please confirm that the measure is established within three years from the date of the occurrence of the event?

☐yes ☐no

11.1.

If the answer is yes, please identify the relevant provision(s) in the legal basis.

…

  1. Please confirm that the measure prescribes that aid will be paid out within four years of the date of the occurrence of the event.

☐yes ☐no

12.1.

If the answer is yes, please identify the relevant provision(s) in the legal basis.

…

  1. Please confirm that the eligible costs are the costs of the damage incurred as a direct consequence of the adverse climatic event which can be assimilated to a natural disaster.

☐yes ☐no

13.1.

If the answer is yes, please identify the relevant provision(s) in the legal basis.

…

  1. Please confirm that the damage will be assessed by:

(a) ☐a public authority

(b) ☐an independent expert recognised by the granting authority

(c) ☐an insurance undertaking

14.1.

Please identify the body(ies) assessing the damage.

…

14.2.

Please confirm whether the damage includes:

(a) ☐material damage to assets (such as buildings, vessels, equipment, machinery, stocks, and means of production)

(b) ☐loss of income due to the full or partial destruction of fishery or aquaculture production or the means of such production

(c) ☐both, i.e., the damage includes (a) and (b).

14.3.

Please identify the provision(s) of the legal basis that reflect the box selected in response to the question.

…

  1. Please submit an assessment as precise as possible of the type and extent of damage incurred – or that might be incurred in case of ex ante framework schemes – by the undertakings.

…

  1. Please confirm that the measure prescribes that the damage is calculated at the level of the individual beneficiary.

☐yes ☐no

16.1.

If the answer is yes, please identify the relevant provision(s) in the legal basis.

…

  1. In case the eligible costs include material damage to assets, please confirm that the measure prescribes that the damage must have resulted in a loss of more than 30 % of the average annual production, calculated on the basis of the preceding three calendar years, or a three-year average based on the five-year period preceding the adverse climatic event which can be assimilated to a natural disaster, excluding the highest and lowest entry.

☐yes ☐no

17.1.

If the answer is yes, please identify the relevant provision(s) in the legal basis.

…

  1. In case the eligible costs include material damage to assets, please confirm that the calculation of the material damage is based on the repair cost or economic value of the affected asset before the adverse climatic event which can be assimilated to a natural disaster.

☐yes ☐no

18.1.

If the answer is yes, please identify the relevant provision(s) in the legal basis.

…

  1. In case the eligible costs include material damage to assets, please confirm that the calculation of the material damage must not exceed the repair cost or the decrease in fair market value caused by the adverse climatic event which can be assimilated to a natural disaster, that is to say the difference between the asset’s value immediately before and immediately after the adverse climatic event which can be assimilated to a natural disaster.

☐yes ☐no

19.1.

If the answer is yes, please identify the relevant provision(s) in the legal basis.

…

  1. In case the eligible costs include loss of income, please confirm that it is calculated pursuant to point (173) of the Guidelines, that is by subtracting: (a) the result of multiplying the quantity of the fishery and aquaculture products produced in the year of the adverse climatic event which can be assimilated to a natural disaster, or in each following year affected by the full or partial destruction of the means of production, by the average selling price obtained during that year, from (b) the result of multiplying the average annual quantity of fishery and aquaculture products produced in the three-year period preceding the adverse climatic event which can be assimilated to a natural disaster, or a three-year average based on the five-year period preceding the adverse climatic event which can be assimilated to a natural disaster, excluding the highest and lowest entry, by the average selling price obtained.

☐yes ☐no

20.1.

If the answer is yes, please identify the relevant provision(s) in the legal basis.

…

  1. Please confirm whether the amount of the compensation may be increased by other costs incurred by the beneficiary undertaking due to the adverse climatic event which can be assimilated to a natural disaster.

☐yes ☐no

21.1.

If the answer is yes, please identify the relevant costs.

…

21.2.

If the answer is yes, please identify the relevant provision(s) in the legal basis.

…

  1. Please confirm that the amount of the compensation must be reduced by any costs not incurred because of the adverse climatic event which can be assimilated to a natural disaster, that would otherwise have been incurred by the beneficiary undertaking.

☐yes ☐no

22.1.

If the answer is yes, please identify the relevant costs.

…

22.2.

If the answer is yes, please identify the relevant provision(s) in the legal basis.

…

  1. Please note that pursuant to point 175 of the Guidelines the Commission may accept other calculation methods provided that those are representative, not based on abnormally high catches or yields and do not result in the overcompensation of any beneficiary undertaking.

If the notifying Member State intends to propose an alternative calculation method, please provide the reasons as to why the method set out in the Guidelines is not appropriate in the case at hand and explain how the alternative calculation method addresses better the identified needs

…

Please submit as an annex to the notification the alternative methodology proposed, together with a demonstration that it is representative, not based on abnormally high catches/yields and do not result in overcompensation of any beneficiary.

…

  1. Please confirm whether the measure provides that, where an SME was set up less than three years from the date of the occurrence of the adverse climatic event which can be assimilated to a natural disaster, the reference to the three or five-year periods in points (163)(a), (171) and (173)(b) must be understood as referring to the quantity produced and sold by an average undertaking of the same size as the applicant, namely a micro enterprise or a small enterprise or a medium enterprise, respectively, in the national or regional sector affected by the adverse climatic event which can be assimilated to a natural disaster.

☐yes ☐no

24.1.

If the answer is yes, please identify the relevant provision(s) in the legal basis.

…

  1. Please confirm that the measure prescribes that the aid and any other payments received to compensate the damage, including payments under insurance policies, must be limited to 100 % of the eligible costs.

☐yes ☐no

25.1.

Please provide the maximum aid intensity(ies) applicable under the measure.

…

25.2.

Please identify the provision(s) of the legal basis setting out the 100 % limit and the maximum aid intensity(ies) under the measure.

…

OTHER INFORMATION

  1. Please indicate any other information considered relevant to the assessment of the measure under this Section of the Guidelines.

…

1.3.

SUPPLEMENTARY INFORMATION SHEET ON AID FOR THE COSTS OF PREVENTION, CONTROL AND ERADICATION OF ANIMAL DISEASES IN AQUACULTURE AND OF INFESTATIONS BY INVASIVE ALIEN SPECIES, AND AID TO MAKE GOOD THE DAMAGE CAUSED BY THOSE ANIMAL DISEASES AND INFESTATIONS

This form must be used by Member States for the notification of any aid for the costs of prevention, control and eradication of animal diseases in aquaculture and of infestations by invasive alien species, and aid to make good the damage caused by those animal diseases and infestations as described in Section 1.3 of Chapter 1 of Part II of the Guidelines for State aid in the fishery and aquaculture sector

OJ C 107, 23.3.2023, p. 1.

('the Guidelines').

  1. Is the measure an ex ante framework scheme to support costs relating to the prevention, control and eradication of animal diseases in aquaculture and infestations by invasive alien species?

☐yes ☐no

If the answer is yes, please disregard questions 10 and 12.

  1. In the case of ex ante framework schemes, please confirm that the Member State will comply with the reporting obligation set out in point (345) of the Guidelines.

☐yes ☐no

  1. Please confirm that the aid is granted in respect of animal diseases and/or infestations by invasive alien species for which Union or national rules exist, whether laid down by law, regulation or administrative action?

☐yes ☐no

3.1.

If the answer is yes, please identify the relevant Union or national rules.

…

3.2.

If the answer is yes, please identify the disease(s) and/or infestation(s) that the measure is targeting and provide a detailed description of the causes and spread of the disease or infestation.

…

  1. Please confirm that the aid is granted as part of:

☐

public programme at Union, national, or regional level for the prevention, control or eradication of animal diseases

☐

emergency measures imposed by the competent national authority

☐

measures to eradicate or contain an invasive alien species implemented in accordance with Regulation (EU) No 1143/2014

4.1.

Please identify the relevant programme(s) or measure(s) according to the box selected in response to the question.

…

  1. Please confirm that the relevant programme(s) or measure(s) contain a description of the prevention, control and eradication measures concerned.

☐yes ☐no

5.1.

Please identify the relevant provisions in the programme(s) and measure(s).

…

  1. Please confirm that the aid does not relate to measures in respect of which Union legislation provides that the cost of such measures is to be borne by the beneficiary undertaking, unless the cost of such aid measures is entirely offset by compulsory charges on the beneficiary undertakings.

☐yes ☐no

  1. Please confirm that the aid must be paid directly to:

(a) ☐the undertaking concerned,

(b) ☐a producer group or organisation of which that undertaking is a member.

  1. Where the aid is paid to a producer group and organisation, please confirm that the amount of aid must not exceed the amount of aid to which that undertaking is eligible.

☐yes ☐no

8.1.

If the answer is yes, please identify the relevant provision(s) in the legal basis.

…

  1. Please confirm that the measure prescribes that no individual aid will be granted where it is established that the animal disease or infestation by invasive alien species was caused deliberately or by the negligence of the beneficiary undertaking.

☐yes ☐no

9.1.

If the answer is yes, please identify the relevant provision(s) in the legal basis.

…

  1. Please identify the appropriate category(ies) in respect of which the aid may be granted:

(a) ☐aquatic animal diseases listed in Article 5(1) of Regulation (EU) 2016/429 of the European Parliament and of the Council

Regulation (EU) 2016/429 of the European Parliament and of the Council of 9 March 2016 on transmissible animal diseases and amending and repealing certain acts in the area of animal health (Animal Health Law) (OJ L 84, 31.3.2016, p. 1).

, or included in the list of animal diseases of the Aquatic Animal Health Code of the World Organization for Animal Health

(b) ☐zoonoses of aquatic animals listed in Annex III, Point 2, to Regulation (EU) 2021/690 of the European Parliament and of the Council

Regulation (EU) 2021/690 of the European Parliament and of the Council of 28 April 2021 establishing a programme for the internal market, competitiveness of enterprises, including small and medium-sized enterprises, the area of plants, animals, food and feed, and European statistics (Single Market Programme) and repealing Regulations (EU) No 99/2013, (EU) No 1287/2013, (EU) No 254/2014 and (EU) No 652/2014 (OJ L 153, 3.5.2021, p. 1).

(c) ☐emerging diseases, which meet the conditions set out in Article 6(2) of Regulation (EU) 2016/429

(d) ☐diseases other than a listed disease as referred to in Article 9(1), point (d), of Regulation (EU) 2016/429, and which meet the criteria laid down in Article 226 of that Regulation.

10.1.

Please identify the relevant category of disease/zoonosis.

…

  1. Please explain when the animal disease or infestation took place, including its starting and ending dates (as applicable).

…

If the measure has preventive purposes, the question is not applicable.

  1. Please confirm that the aid scheme is established within three years from the date of the occurrence of the costs or damage caused by the animal disease or infestation by invasive alien species.

☐yes ☐no

Please note that this condition does not apply to costs incurred for preventive purposes as indicated in point (188) of the Guidelines.

12.1.

If the answer is yes, please identify the relevant provision(s) in the legal basis.

…

  1. Please confirm that the measure prescribes that aid must be paid out within four years from the date of the occurrence of the costs or damage caused by the animal disease or infestation by invasive alien species.

☐yes ☐no

13.1.

If the answer is yes, please identify the relevant provision(s) in the legal basis.

…

Please note that this condition does not apply to costs incurred for preventive purposes as indicated in point (188) of the Guidelines.

  1. Please submit an assessment as precise as possible of the type and extent of damage incurred – or that might be incurred in case of ex ante framework schemes – by undertakings.

…

  1. Please identify the eligible costs covered by the measure:

(a) ☐health checks, analyses, tests, and other screening measures

(b) ☐the improvement of biosecurity measures

(c) ☐the purchase, storage, administration or distribution of vaccines, medicines, and substances for the treatment of animals

(d) ☐the purchase, storage, deployment and distribution of protection products or equipment to address infestations by invasive alien species

(e) ☐the slaughtering, culling, and destruction of animals

(f) ☐the destruction of animal products and of products linked to them

(g) ☐the cleaning and disinfection of the holding or equipment

(h) ☐the damage incurred due to the slaughtering, culling or destruction of animals, animal products, and products linked to them

(i) ☐other costs incurred due to animal diseases in aquaculture or infestations by invasive alien species. Please specify it:

…

15.1.

Please identify the provision(s) of the legal basis that reflect the eligible costs:

…

  1. Please confirm that aid in relation to health checks, analyses, tests and other screening measures is granted in kind and paid to service providers:

☐yes ☐no

16.1.

If the answer is no, please confirm that the measure prescribes that beneficiary undertakings already have in-house capabilities suitable for those purposes.

☐yes ☐no

16.2.

If the answer to question 16.1 is yes, please identify the relevant provision(s) in the legal basis.

…

  1. In case the eligible costs include aid to make good the damage caused by animal diseases or by infestations by invasive alien species referred to in point (188)(h) of the Guidelines, please confirm that the measure prescribes that compensation must be calculated only in relation to the following:

(a) ☐the market value of animals slaughtered or culled, or that have died, or the products destroyed:

☐

as a result of the animal disease or infestation by invasive alien species

☐

as part of a public programme or measure referred to in point (180)(b) of the Guidelines;

(b) ☐loss of income due to quarantine obligations and difficulties in restocking.

17.1.

Please identify the relevant provision(s) in the legal basis:

…

  1. If you selected point (a) in response to question 17, please confirm that the measure prescribes that the market value must be established on the basis of the value of the animals immediately before any suspicion of the animal disease or the infestation by invasive alien species arose or was confirmed, and as if they had not been affected by the disease or infestation.

☐yes ☐no

18.1.

If the answer is yes, please identify the relevant provision(s) in the legal basis.

…

  1. Please confirm that the amount of the compensation must be reduced by any costs not directly incurred due to the animal disease or infestation by invasive alien species which would otherwise have been incurred by the beneficiary undertaking.

☐yes ☐no

19.1.

If the answer is yes, please identify the relevant costs.

…

19.2.

If the answer is yes, please identify the relevant provision(s) in the legal basis.

…

  1. Please confirm that the amount of the compensation must be reduced by any revenue made by the sale of products linked to the animals slaughtered, culled or destroyed for preventive or eradication purposes.

☐yes ☐no

20.1.

If the answer is yes, please identify the relevant provision(s) in the legal basis.

…

  1. If the notifying Member State selected letter (i) in question 15, please provide a detailed justification why those other costs should be eligible.

…

  1. Please confirm that the measure prescribes that aid and any other payments received by the beneficiary undertaking, including payments under other national or Union measures or insurance policies or mutual funds for the same eligible costs, must be limited to 100 % of the eligible costs.

☐yes ☐no

22.1.

Please provide the maximum aid intensity(ies) applicable under the measure.

…

22.2.

Please identify the provision(s) of the legal basis laying down the 100 % limit and the maximum aid intensity(ies) under the measure.

…

OTHER INFORMATION

  1. Please indicate any other information considered relevant to the assessment of the measure under this Section of the Guidelines.

…

1.4.

SUPPLEMENTARY INFORMATION SHEET ON AID TO MAKE GOOD THE DAMAGE CAUSED BY PROTECTED ANIMALS

This form must be used by Member States for the notification of any aid to make good the damage caused by protected animals as described in Section 1.4 of Chapter 1 of Part II of the Guidelines for State aid in the fishery and aquaculture sector

OJ C 107, 23.3.2023, p. 1.

('the Guidelines').

  1. Please confirm that protected animal is defined in accordance with point 31(w) of the Guidelines.

☐yes ☐no

1.1.

If the answer is yes, please identify the protected animal and the relevant provision(s) in the Union or national legislation.

…

  1. Please confirm that the measure prescribes that there is a direct causal link between the damage suffered by undertakings and the behaviour of the protected animals.

☐yes ☐no

2.1.

If the answer is yes, please identify the relevant provision(s) in the legal basis.

…

  1. Please confirm that the eligible costs are the costs of the damage incurred as a direct consequence of the behaviour of the protected animals.

☐yes ☐no

3.1.

If the answer is yes, please identify the relevant provision(s) in the legal basis.

…

3.2.

Please confirm that the damage will be assessed by:

(a) ☐a public authority

(b) ☐an independent expert recognised by the granting authority

(c) ☐an insurance undertaking

Please identify the body(ies) assessing the damage.

…

  1. If the measure concerns the fisheries sector, please confirm that the aid only concerns damage to catches, irrespective of any impact of protected animals on the overall wild population.

☐yes ☐no

4.1.

If the answer is yes, please identify the relevant provision(s) in the legal basis.

…

  1. Please confirm that the aid must be paid directly to:

(a) ☐the undertaking concerned

(b) ☐a producer group or organisation of which that undertaking is a member

  1. Where the aid is paid to a producer group and organisation, please confirm that the amount of aid must not exceed the amount of aid to which that undertaking is eligible.

☐yes ☐no

6.1.

If the answer is yes, please identify the relevant provision(s) in the legal basis.

…

  1. Please explain when the damage occurred, including its starting and ending dates (as applicable).

…

  1. Please confirm that the scheme is established within three years from the date of the occurrence of the damage.

☐yes ☐no

8.1.

If the answer is yes, please identify the relevant provision(s) in the legal basis.

…

  1. Please confirm that the measure prescribes that aid will be paid out within four years of the date of the occurrence of the damage.

☐yes ☐no

9.1.

If the answer is yes, please identify the relevant provision(s) in the legal basis.

…

  1. Please confirm the eligible costs:

(a) ☐the market value of the animals damaged or killed by the protected animals

(b) ☐the material damage to the following assets: equipment, machinery and property

(c) ☐both, i.e., eligible costs include (a) and (b).

10.1.

Please identify the provision(s) of the legal basis that reflect(s) the eligible costs.

…

  1. Please submit an assessment as precise as possible of the type and extent of damage incurred by undertakings.

…

  1. In case the eligible costs include the market value of animals damaged or killed, please confirm that the measure prescribes that the market value must be established on the basis of the value of the animals immediately before the damage occurred, and as if they had not been affected by the behaviour of the protected animals.

☐yes ☐no

12.1.

If the answer is yes, please identify the relevant provision(s) in the legal basis.

…

  1. In case the eligible costs include the material damage to assets, please confirm that the measure prescribes that the calculation of the material damage must be based on the repair cost or economic value of the affected asset before the damage occurred.

☐yes ☐no

13.1.

If the answer is yes, please identify the relevant provision(s) in the legal basis.

…

  1. In case the eligible costs include the material damage to assets, please confirm that the measure prescribes that the calculation of the material damage must not exceed the repair cost or the decrease in fair market value caused by the behaviour of the protected animals, that is to say the difference between the asset’s value immediately before and immediately after the damage occurred.

☐yes ☐no

14.1.

If the answer is yes, please identify the relevant provision(s) in the legal basis.

…

  1. Please confirm whether the amount of the compensation may be increased by other costs incurred by the beneficiary undertaking due to the behaviour of the protected animals.

☐yes ☐no

15.1.

If the answer is yes, please identify the relevant costs.

…

15.2.

If the answer is yes, please identify the relevant provision(s) in the legal basis.

…

  1. Please confirm that the amount of the compensation must be reduced by any costs not directly incurred due to the behaviour of the protected animals which would otherwise have been incurred by the beneficiary undertaking.

☐yes ☐no

16.1.

If the answer is yes, please identify the relevant costs.

…

16.2.

If the answer is yes, please identify the relevant provision(s) in the legal basis.

…

  1. Please confirm that the measure prescribes that the amount of the compensation must be reduced by any revenue made by the sale of products linked to the animals damaged or killed.

☐yes ☐no

17.1.

If the answer is yes, please identify the relevant provision(s) in the legal basis.

…

  1. Please note that the Commission may accept other calculation methods provided that those are representative, not based on abnormally high catches or yields and do not result in the overcompensation of any beneficiary undertaking.

18.1.

If the notifying Member State intends to propose an alternative calculation method, please provide the reasons as to why the method set out in the Guidelines is not appropriate in the case at hand and explain how the alternative calculation method addresses better the identified needs:

…

18.2.

Please submit as an annex to the notification the alternative methodology proposed, together with a demonstration that it is representative, not based on abnormally high catches/yields and do not result in overcompensation of any beneficiary.

…

  1. Please confirm that the aid measure prescribes that, save for first attacks by protected animals, a reasonable effort from the beneficiary undertaking is required in the form of preventive measures, such as safety fences, which are proportionate to the risk of damage caused by protected animals in the area concerned.

☐yes ☐no

19.1.

If the answer is yes, please list the preventive measures required/recommended in the area concerned.

…

19.2.

If the answer is yes, please identify the relevant provision(s) in the legal basis.

…

19.3.

If the answer is no, please demonstrate why preventive measures are not reasonably possible and provide appropriate evidence.

…

  1. Please confirm that the measure prescribes that the aid and any other payments received to compensate the damage, including payments under insurance policies, must be limited to 100 % of the eligible costs.

☐yes ☐no

20.1.

Please provide the maximum aid intensity(ies) applicable under the measure.

…

20.2.

Please identify the provision(s) of the legal basis setting out the 100 % limit and the maximum aid intensity(ies) under the measure.

…

OTHER INFORMATION

  1. Please indicate any other information considered relevant to the assessment of the measure under this Section of the Guidelines.

…

1.5.

SUPPLEMENTARY INFORMATION SHEET ON AID FOR INVESTMENTS TO PREVENT AND MITIGATE THE DAMAGE CAUSED BY RISK EVENTS

This form must be used by Member States for the notification of any aid for investments to prevent and mitigate the damage caused by risk events, as described in Section 1.5 of Chapter 1 of Part II of the Guidelines for State aid in the fishery and aquaculture sector

OJ C 107, 23.3.2023, p. 1.

('the Guidelines').

  1. Please confirm that the measure prescribes that the investment must primarily pursue the aim of preventing and mitigating damage caused by risk events and, more specifically for the fisheries sector, that the investment must aim at preventing and mitigating depredation or damage to fishing gear or other equipment.

☐yes ☐no

1.1.

If the answer is yes, please identify the relevant provision(s) in the legal basis.

…

  1. If the investment requires an environmental impact assessment under Directive 2011/92/EU of the European Parliament and of the Council

Directive 2011/92/EU of the European Parliament and of the Council of 13 December 2011 on the assessment of the effects of certain public and private projects on the environment Text with EEA relevance (OJ L 26, 28.1.2012, p. 1).

, please confirm that the measure renders the aid conditional upon such an assessment being carried out and the development consent being granted for the investment project concerned before the date of granting the individual aid.

☐yes ☐no

2.1.

If the answer is yes, please identify the relevant provision(s) in the legal basis.

…

  1. Please confirm that the measure only includes eligible costs that are direct and specific for preventive measures.

☐yes ☐no

3.1.

If the answer is yes, please identify the relevant provision(s) in the legal basis.

…

  1. Please confirm whether the eligible costs include:

(a) ☐the construction, acquisition, including leasing, or improvement of immovable property

(b) ☐the purchase or lease purchase of machinery and equipment up to the market value of the asset

(c) ☐both, i.e., eligible costs include (a) and (b)

4.1.

Please identify the provision(s) of the legal basis that reflect the eligible costs.

…

4.2.

Please provide a detailed description of the costs that are eligible under the measure.

…

  1. Please confirm that the measure prescribes that the maximum aid intensity does not exceed 100 % of the eligible costs.

☐yes ☐no

5.1.

Please provide the maximum aid intensity(ies) applicable under the measure.

…

5.2.

Please identify the provision(s) of the legal basis setting out the maximum aid intensity(ies) under the measure.

…

OTHER INFORMATION

  1. Please indicate any other information considered relevant to the assessment of the measure under this Section of the Guidelines.

…

2.1.

SUPPLEMENTARY INFORMATION SHEET ON OPERATING AID IN OUTERMOST REGIONS

This form must be used by Member States for the notification of operating aid in outermost regions as described in Section 2.1 of Chapter 2 of Part II of the Guidelines for State aid in the fishery and aquaculture sector

OJ C 107, 23.3.2023, p. 1.

('the Guidelines'). Please note that, pursuant to point 216 of the Guidelines, aid must not go beyond what is necessary to alleviate the specific constraints in the outermost regions resulting from the isolation, insularity, and extreme remoteness.

  1. Please identify the outermost region(s) referred to in Article 349 of the Treatyconcerned by the measure.

…

  1. Please provide a detailed description of the specific constraints faced by the outermost region(s) concerned (isolation, insularity, extreme remoteness) and explain how the measure tackles those constraints.

…

  1. Please provide a detailed description of the type of operating aid provided and list the costs eligible under the measure.

…

  1. Please confirm that the measure prescribes that eligible costs must result from the specific constraints suffered by the outermost regions concerned.

☐yes ☐no

4.1.

If the answer is yes, please identify the relevant provision(s) in the legal basis.

…

  1. Please confirm that the measure prescribes that aid must not go beyond what is necessary to alleviate the specific constraints suffered by the outermost regions concerned.

☐yes ☐no

5.1.

If the answer is yes, please identify the relevant provision(s) in the legal basis.

…

  1. Please confirm that the measure prescribes that the eligible costs must be calculated in accordance with the criteria laid down in Commission Delegated Regulation (EU) 2021/1972

Commission Delegated Regulation (EU) 2021/1972 of 11 August 2021 supplementing Regulation (EU) 2021/1139 of the European Parliament and of the Council establishing the European Maritime, Fisheries and Aquaculture Fund and amending Regulation (EU) 2017/1004 by laying down the criteria for the calculation of the additional costs incurred by operators in the fishing, farming, processing and marketing of certain fishery and aquaculture products from the outermost regions (OJ L 402, 15.11.2021, p. 1).

.

☐yes ☐no

6.1.

If the answer is yes, please identify the relevant provision(s) in the legal basis.

…

  1. Please describe in detail the calculation method used under the measure.

…

  1. Please confirm that the measure takes into account other types of public intervention, including, if applicable, the compensation of additional costs incurred by operators in the fishing, farming, processing and marketing of certain fishery and aquaculture products from the outermost regions paid pursuant to Articles 24 and 35 to 37 of Regulation (EU) 2021/1139, to avoid overcompensation.

☐yes ☐no

8.1.

If the answer is yes, please describe the control mechanisms designed to avoid overcompensation.

…

8.2.

If the answer is yes, please identify the relevant provision(s) in the legal basis.

…

  1. Please confirm that the measure prescribes that the aid, and any other payments received by the beneficiary undertaking for the same eligible costs, must be limited to 100 % of the eligible costs.

☐yes ☐no

9.1.

Please provide the maximum aid intensity(ies) applicable under the measure.

…

9.2.

Please identify the provision(s) of the legal basis setting out the 100 % limit and the maximum aid intensity(ies) under the measure.

…

OTHER INFORMATION

  1. Please indicate any other information considered relevant to the assessment of the measure under this Section of the Guidelines.

…

2.2.

SUPPLEMENTARY INFORMATION SHEET ON AID FOR THE RENEWAL OF THE FISHING FLEET IN OUTERMOST REGIONS

This form must be used by Member States for the notification of aid for the renewal of the fishing fleet in outermost regions, as described in Section 2.2 of Chapter 2 of Part II of the Guidelines for State aid in the fishery and aquaculture sector

OJ C 107, 23.3.2023, p. 1.

('the Guidelines').

  1. Please identify the outermost region(s) referred to in Article 349 of the Treatyconcerned by the measure.

…

  1. Please confirm that the measure prescribes that new fishing vessels acquired with the aid must comply with Union and national rules on hygiene, health, safety, and working conditions for work on board of fishing vessels and characteristics of fishing vessels.

☐yes ☐no

2.1.

If the answer is yes, please identify the relevant provision(s) in the legal basis.

…

  1. Please confirm that the measure prescribes that, at the date of applying for the aid, the beneficiary undertaking must have its main place of registration in the outermost region where the new vessel will be registered.

☐yes ☐no

3.1.

If the answer is yes, please specify the main place of registration:

…

  1. Pursuant to point (223) of the Guidelines, at the date of granting the aid, the report prepared in accordance with Article 22(2) and (3) of Regulation (EU) No 1380/2013 of the European Parliament and of the Council

Regulation (EU) No 1380/2013 of the European Parliament and of the Council of 11 December 2013 on the Common Fisheries Policy, amending Council Regulations (EC) No 1954/2003 and (EC) No 1224/2009 and repealing Council Regulations (EC) No 2371/2002 and (EC) No 639/2004 and Council Decision 2004/585/EC (OJ L 354, 28.12.2013, p. 22).

before that date must demonstrate that there is a balance between the fishing capacity and fishing opportunities in the fleet segment of the outermost region to which the new vessel will belong (the national report). Against this background, please reply to the following questions:

4.1.

When was the latest national report prepared before the date of granting the aid?

…

4.1.1.

Please provide the link to the latest national report or enclose it to the notification.

…

4.2.

Pursuant to point (225) of the Guidelines, please confirm that the following conditions are fulfilled for all aid to be granted:

4.2.1.

Was the national report submitted by 31 May of year N

Please refer to points (225) - (227) of the Guidelines describing the sequences of the national report of year N and the Commission’s action by 31 March of year N+1 and the period to grant aid.

?

☐yes ☐no

4.2.2.

Please confirm that the national report submitted in year N, and in particular the assessment of the balance contained therein, has been prepared on the basis of the biological, economic and vessel use indicators set out in the common guidelines

Communication from the Commission to the European Parliament and the Council: Guidelines for the analysis of the balance between fishing capacity and fishing opportunities according to Art 22 of Regulation (EU) No 1380/2013 of the European Parliament and the Council on the Common Fisheries Policy (COM(2014) 545 final).

☐yes ☐no

Please note that pursuant to point (224) of the Guidelines, no aid may be granted if the national report, and in particular the assessment of the balance contained therein, has not been prepared on the basis of the biological, economic and vessel use indicators set out in the common guidelines referred to in Article 22(2) of Regulation (EU) No 1380/2013.

4.2.3.

Does that national report submitted in year N demonstrate that there is a balance between fishing capacity and fishing opportunities in the fleet segment to which the new vessel will belong?

☐yes ☐no

4.2.4.

Please explain how the national report was taken into account when designing the measure and how the balance is achieved.

…

4.2.5.

Pursuant to point (226) of the Guidelines, please confirm that the Commission has not called into question by 31 March of year N+1:

(a) ☐the conclusion of the national report submitted in year N

(b) ☐the assessment of the balance contained in the national report submitted in year N

4.2.6.

Please confirm that the measure prescribes that the aid may be granted on the basis of the national report submitted in year N only until 31 December of year N+1, i.e., the year following the year of the submission of the report.

☐yes ☐no

4.2.6.1.

If the answer is yes, please identify the relevant provision(s) in the legal basis.

…

  1. Please confirm that the fishing capacity ceilings of each Member State and of each fleet segment of the outermost regions set out in Annex II to Regulation (EU) No 1380/2013, taking into account any possible reduction of those ceilings under Article 22(6) of that Regulation, will not be exceeded at any time.

☐yes ☐no

5.1.

Please explain how this condition will be ensured.

…

Please note that the entry into the fleet of new capacity acquired with aid must be carried out in full respect of these capacity ceilings and must not lead to a situation in which these ceiling are exceeded.

  1. Please confirm that the measure prescribes that the aid must not be made conditional on the acquisition of the new vessel from a specific shipyard.

☐yes ☐no

6.1.

If the answer is yes, please identify the relevant provision(s) in the legal basis.

…

  1. Please provide a detailed description of the costs that are eligible under the measure.

…

  1. Please confirm that the measure prescribes that the maximum aid intensity for the vessels must not be:

(a) more than 60 % of the total eligible costs in the case of vessels with an overall length of less than 12 metres

☐yes ☐no

(b) more than 50 % of the total eligible costs in the case of vessels with an overall length of 12 metres or more and less than 24 metres

☐yes ☐no

(c) more than 25 % of the total eligible costs in the case of vessels with an overall length of 24 metres and more

☐yes ☐no

8.1.

Please provide the maximum aid intensity(ies) applicable under the measure.

…

8.2.

Please identify the provision(s) of the legal basis setting out the maximum aid intensity(ies) under the measure.

…

  1. Please confirm that the vessel acquired with aid must remain registered in the outermost region for at least 15 years from the date of granting the aid and must during that time land all of its catches in an outermost region:

☐yes ☐no

9.1.

Please confirm that in case this condition is not complied with, the aid must be reimbursed by the beneficiary undertaking in an amount that is proportionate to the period or extent of non-compliance.

☐yes ☐no

9.2.

If the answer is yes, please identify the relevant provision(s) in the legal basis.

…

OTHER INFORMATION

  1. Please indicate any other information considered relevant to the assessment of the measure under this Section of the Guidelines.

…

2.3.

SUPPLEMENTARY INFORMATION SHEET ON AID FOR INVESTMENTS IN EQUIPMENT THAT CONTRIBUTES TO INCREASING SAFETY, INCLUDING EQUIPMENT ENABLING VESSELS TO EXTEND THEIR FISHING ZONES, FOR SMALL-SCALE COASTAL FISHING IN OUTERMOST REGIONS

This form must be used by Member States for the notification of any aid for investments in equipment that contributes to increasing safety, including equipment enabling vessels to extend their fishing zones, for small-scale coastal fishing in outermost regions, as described in Section 2.3 of Chapter 2 of Part II of the Guidelines for State aid in the fishery and aquaculture sector

OJ C 107, 23.3.2023, p. 1.

('the Guidelines').

  1. Please identify the outermost region(s) referred to in Article 349 of the Treatyconcerned by the measure.

…

  1. Please explain how the measure contributes to strengthening economically, socially and environmentally sustainable fishing activities, improving safety and working conditions on board and, where applicable, enabling fishing vessels to extend their fishing zones up to 20 miles from the coast, for small-scale coastal fishing.

…

  1. Please confirm whether, by way of derogation from point (47) of the Guidelines, aid can be granted to meet mandatory Union or national requirements:

☐yes ☐no

3.1.

Please describe the mandatory Union or national requirements concerned and provide a justification as to why such a derogation is necessary.

…

  1. Please confirm that the measure does not entails:

☐

the replacement or modernisation of a main or ancillary engine of a fishing vessel

☐

an increase in the gross tonnage of a fishing vessel.

Please note that pursuant to points 235 and 236 of the Guidelines, aid for investments entailing the replacement or modernisation of a main or ancillary engine of a fishing vessel may only be eligible pursuant to Article 18 of Regulation (EU) 2021/1139 or under Part II, Chapter 3, Section 3.2, of the Guidelines; and aid for investments leading to an increase in the gross tonnage of a fishing vessel may only be eligible pursuant to Article 19 of Regulation (EU) 2021/1139 or under Part II, Chapter 3, Section 3.3, of the Guidelines.

  1. Please provide a detailed description of the costs that are eligible under the measure.

…

  1. Please confirm that the measure prescribes that the maximum aid intensity does not exceed 100 % of the eligible costs.

…

6.1.

Please provide the maximum aid intensity(ies) applicable under the measure.

…

6.2.

lease identify the provision(s) of the legal basis setting out the maximum aid intensity(ies) under the measure.

…

OTHER INFORMATION

  1. Please indicate any other information considered relevant to the assessment of the measure under this Section of the Guidelines.

…

3.1.

SUPPLEMENTARY INFORMATION SHEET ON AID FOR FIRST ACQUISITION OF A FISHING VESSEL

This form must be used by Member States for the notification of any aid for the first acquisition of a fishing vessel as described in Section 3.1 of Chapter 3 of Part II of the Guidelines for State aid in the fishery and aquaculture sector

OJ C 107, 23.3.2023, p. 1.

('the Guidelines').

  1. Please confirm that the measure prescribes that the Union fishing vessels in respect of which aid is granted will not be transferred or reflagged outside the Union during at least five years from the final payment of the aid.

☐yes ☐no

1.1.

If the answer is yes, please identify the relevant provision(s) in the legal basis.

…

  1. Please confirm to whom aid may be granted under the measure:

(a) ☐a natural person who is no more than 40 years of age at the date of submission of the aid application and has worked at least five years as fisher or has acquired adequate qualification

(b) ☐legal entities wholly owned by one or more natural persons who each fulfil the conditions set out in point (a)

(c) ☐in case of joint first acquisition of a fishing vessel, several natural persons who each fulfil the conditions set out in point (a)

(d) ☐in case of acquisition of partial ownership of a fishing vessel, a natural person who fulfils the conditions set out in point (a) and who is deemed to have controlling rights on that vessel through ownership of at least of 33 % of the vessel or of the shares in the vessel or a legal entity which fulfils the conditions set out in point (b) and which is deemed to have controlling rights on that vessel through ownership of at least of 33 % of the vessel or of the shares in the vessel

2.1.

Please identify the provision(s) of the legal basis that reflect the box selected in response to the question.

…

  1. Pursuant to points (245)(a) of the Guidelines, fishing vessels must belong to a fleet segment for which the latest report on fishing capacity, referred to in Article 22(2) of Regulation (EU) No 1380/2013 of the European Parliament and of the Council

Regulation (EU) No 1380/2013 of the European Parliament and of the Council of 11 December 2013 on the Common Fisheries Policy, amending Council Regulations (EC) No 1954/2003 and (EC) No 1224/2009 and repealing Council Regulations (EC) No 2371/2002 and (EC) No 639/2004 and Council Decision 2004/585/EC (OJ L 354, 28.12.2013, p. 22).

, has shown a balance with the fishing opportunities available to that segment (hereafter national report). Pursuant to point (226) of the Guidelines, the procedure and conditions set out in points (225) to (227) of Part II, Chapter 2, Section 2.2 of the Guidelines apply for the purpose of point (245)(a). Against that background, please reply to the following questions:

If the measure concerns inland fishing, questions 3.1-3.2.6.1 do not need to be replied.

3.1.

When was the latest national report prepared before the date of granting the aid?

…

3.1.1.

Please provide the link to the latest national report or enclose it to the notification.

…

3.2.

Please confirm that the following conditions are fulfilled for all aid to be granted:

3.2.1.

Was the national report submitted by 31 May of year N

Please refer to points 225 and 226 of the Guidelines describing the sequences of the national report submitted in year N and the Commission’s action by 31 March of year N+1.

?

☐yes ☐no

3.2.2.

Please confirm that the national report submitted in year N, and in particular the assessment of the balance contained therein, has been prepared on the basis of the biological, economic and vessel use indicators set out in the common guidelines

Communication from the Commission to the European Parliament and the Council: Guidelines for the analysis of the balance between fishing capacity and fishing opportunities according to Art 22 of Regulation (EU) No 1380/2013 of the European Parliament and the Council on the Common Fisheries Policy (COM(2014) 545 final).

referred to in Article 22(2) of Regulation (EU) No 1380/2013.

☐yes ☐no

Please note that no aid may be granted if the national report, and in particular the assessment of the balance contained therein, has not been prepared on the basis of the biological, economic and vessel use indicators set out in the common guidelines referred to in Article 22(2) of Regulation (EU) No 1380/2013.

3.2.3.

Does that national report submitted in year N demonstrate that there is a balance between fishing capacity and fishing opportunities in the fleet segment to which the new vessel will belong?

☐yes ☐no

3.2.4.

Please explain how the national report was taken into account when designing the measure and how the balance is achieved.

…

3.2.5.

Please confirm that the Commission has not called into question by 31 March of year N+1

(a) ☐the conclusion of the national report submitted in year N

(b) ☐the assessment of the balance contained in the national report submitted in year N

3.2.6.

Please confirm that the measure prescribes that the aid may be granted on the basis of the national report submitted in year N only until 31 December of year N+1, i.e., the year following the year of the submission of the report.

☐yes ☐no

3.2.6.1.

If the answer is yes, please identify the relevant provision(s) in the legal basis.

…

  1. Please confirm that the measure prescribes that fishing vessels must be equipped for fishing activities and not be longer than 24 metres in overall length.

☐yes ☐no

4.1.

If the answer is yes, please identify the relevant provision(s) in the legal basis.

…

  1. Please confirm that the measure prescribes that aid may only be granted in respect of a fishing vessel that has been registered in the Union fleet register for at least three calendar years preceding the year of submission of the aid application in the case of a small-scale coastal fishing vessel, and for at least five calendar years in the case of another type of vessel.

☐yes ☐no

5.1.

If the measure concerns inland fishing, please confirm that the measure prescribes that aid may only be granted in respect of a fishing vessel that has entered into service, in accordance with national law, for at least three calendar years preceding the year of submission of the aid application in the case of a small-scale coastal fishing vessel, and for at least five calendar years in the case of another type of vessel.

☐yes ☐no

5.2.

If the answer to the question 5 or question 5.1 is yes, please identify the relevant provision(s) in the legal basis.

…

  1. Please confirm that the measure prescribes that aid may only be granted in respect of a fishing vessel that has been registered in the Union fleet register for a maximum of 30 calendar years preceding the year of submission of the aid application.

☐yes ☐no

6.1.

If the measure concerns inland fishing, please confirm that the measure prescribes that aid may only be granted in respect of a fishing vessel that has entered into service, in accordance with national law, for a maximum of 30 calendar years preceding the year of submission of the aid application.

☐yes ☐no

6.2.

If the answer to the questions 6 or 6.1 is yes, please identify the relevant provision(s) in the legal basis.

…

  1. Please confirm that the eligible costs only include the direct and indirect costs related to the first acquisition of a fishing vessel.

☐yes ☐no

7.1.

If the answer is yes, please identify the relevant provision(s) in the legal basis.

…

7.2.

Please provide a detailed description of the costs that are eligible under the measure.

…

  1. Please confirm that the measure prescribes that the maximum aid intensity does not exceed 40 % of the eligible costs.

☐yes ☐no

8.1.

Please provide the maximum aid intensity(ies) applicable under the measure.

…

8.2.

Please identify the provision(s) of the legal basis setting out the maximum aid intensity(ies) under the measure.

…

OTHER INFORMATION

  1. Please indicate any other information considered relevant to the assessment of the measure under this Section of the Guidelines.

…

3.2.

SUPPLEMENTARY INFORMATION SHEET ON AID FOR REPLACEMENT OR MODERNISATION OF A MAIN OR ANCILLARY ENGINE

This form must be used by Member States for the notification of any aid for the replacement or modernisation of a main or ancillary engine of fishing vessels, as described in Section 3.2 of Chapter 3 of Part II of the Guidelines for State aid in the fishery and aquaculture sector

OJ C 107, 23.3.2023, p. 1.

('the Guidelines').

  1. Please confirm that the measure prescribes that the Union fishing vessels in respect of which aid is granted will not be transferred or reflagged outside the Union during at least five years from the final payment of the aid.

☐yes ☐no

1.1.

If the answer is yes, please identify the relevant provision(s) in the legal basis.

…

  1. Please confirm that aid will only be granted for the replacement or modernisation of a main or ancillary engine of a fishing vessel up to 24 meters in overall length.

☐yes ☐no

2.1.

If the answer is yes, please identify the relevant provision(s) in the legal basis.

…

  1. Pursuant to point (253)(a) of the Guidelines, fishing vessels must belong to a fleet segment for which the latest report on fishing capacity, referred to in Article 22(2) of Regulation (EU) No 1380/2013 of the European Parliament and of the Council

Regulation (EU) No 1380/2013 of the European Parliament and of the Council of 11 December 2013 on the Common Fisheries Policy, amending Council Regulations (EC) No 1954/2003 and (EC) No 1224/2009 and repealing Council Regulations (EC) No 2371/2002 and (EC) No 639/2004 and Council Decision 2004/585/EC (OJ L 354, 28.12.2013, p. 22).

, has shown a balance with the fishing opportunities available to that segment (hereafter national report). Pursuant to point (254) of the Guidelines, the procedure and conditions set out in points (225) to (227) of Part II, Chapter 2, Section 2.2 apply for the purpose of point (253)(a). Against that background, please address the following:

If the measure concerns inland fishing, questions 3.1-3.2.6.1 do not need to be replied.

3.1.

When was the latest national report prepared before the date of granting the aid?

…

3.1.1.

Please provide the link to the latest national report or enclose it to the notification.

…

3.2.

Please confirm that the following conditions are fulfilled for all aid to be granted:

3.2.1.

Was the national report submitted by 31 May of year N

Please refer to points 225 and 226 of the Guidelines describing the sequences of the national report submitted in year N and the Commission’s action by 31 March of year N+1.

?

☐yes ☐no

3.2.2.

Please confirm that the national report submitted in year N, and in particular the assessment of the balance contained therein, has been prepared on the basis of the biological, economic and vessel use indicators set out in the common guidelines

Communication from the Commission to the European Parliament and the Council: Guidelines for the analysis of the balance between fishing capacity and fishing opportunities according to Art 22 of Regulation (EU) No 1380/2013 of the European Parliament and the Council on the Common Fisheries Policy (COM(2014) 545 final).

referred to in Article 22(2) of Regulation (EU) No 1380/2013.

☐yes ☐no

Please note that no aid may be granted if the national report, and in particular the assessment of the balance contained therein, has not been prepared on the basis of the biological, economic and vessel use indicators set out in the common guidelines referred to in Article 22(2) of Regulation (EU) No 1380/2013.

3.2.3.

Does that national report submitted in year N demonstrate that there is a balance between fishing capacity and fishing opportunities in the fleet segment to which the vessel belongs?

☐yes ☐no

3.2.4.

Please explain how the national report was taken into account when designing the measure and how the balance is achieved.

…

3.2.5.

Please confirm that the Commission has not called into question by 31 March of year N+1:

(a) ☐the conclusion of the national report submitted in year N

(b) ☐the assessment of the balance contained in the national report submitted in year N

3.2.6.

Please confirm that the measure prescribes that the aid may be granted on the basis of the national report submitted in year N only until 31 December of year N+1, i.e., the year following the year of the submission of the report.

☐yes ☐no

3.2.6.1.

If the answer is yes, please identify the relevant provision(s) in the legal basis.

…

  1. Please confirm that the measure prescribes that fishing vessels must have been registered in the Union fleet register for at least five calendar years preceding the year of submission of the aid application.

☐yes ☐no

4.1.

If the measure concerns inland fishing, please confirm that the measure prescribes that aid may only be granted in respect of a fishing vessel that has entered into service, in accordance with national law, for at least five calendar years preceding the year of submission of the aid application.

☐yes ☐no

4.2.

If the answer to question 4 or 4.1 is yes, please identify the relevant provision(s) in the legal basis.

…

  1. For small-scale coastal fishing vessels and vessels used for inland fishing, please confirm that the measure prescribes that the new or modernised engine does not have more power in kW than that of the current engine.

☐yes ☐no

5.1.

If the answer is yes, please identify the relevant provision(s) in the legal basis.

…

  1. For other vessels up to 24 metres in overall length, please confirm that the measure prescribes that the new or modernised engine does not have more power in kW than that of the current engine and emits at least 20 % less CO2 compared to the current engine.

☐yes ☐no

6.1.

If the answer is yes, please identify the relevant provision(s) in the legal basis.

…

  1. Please confirm that the measure prescribes that the fishing capacity withdrawn due to the replacement or modernisation of a main or ancillary engine must not be replaced.

☐yes ☐no

7.1.

If the answer is yes, please identify the relevant provision(s) in the legal basis.

…

  1. Please describe in detail the control and enforcement mechanisms in place to guarantee the fulfilment of the conditions laid down in Section 3.2 of Chapter 3, Part II of the Guidelines.

…

  1. Please confirm that the measure prescribes that all replaced or modernised engines must be subject to a physical verification.

☐yes ☐no

9.1.

If the answer is yes, please identify the relevant provision(s) in the legal basis.

…

  1. Please confirm how the reduction of CO2 emission mentioned in question 6 will be met under the measure:

(a) ☐through relevant information certified by the manufacturer of the engine concerned as part of a type approval or product certificate indicates that the new engine emits 20 % less CO2 than the engine being replaced

(b) ☐through relevant information certified by the manufacturer of the engine concerned as part of a type approval or product certificate indicates that the new engine uses 20 % less fuel than the engine being replaced

10.1.

Please describe your selection in details.

…

10.2.

Please identify the provision(s) of the legal basis that reflect the box ticked in response to the previous question.

…

  1. Where the relevant information certified by the manufacturer of the engine concerned as part of a type approval or product certificate for one or both of the engines does not permit a comparison of the CO2 emission or fuel consumption, please confirm how the reduction of CO2 emission mentioned in question 6 will be considered to be met under the measure:

(a) ☐the new engine uses an energy-efficient technology and the age difference between the new engine and the engine being replaced is at least seven years

(b) ☐the new engine uses a type of fuel or a propulsion system which is considered to emit less CO2 than the engine being replaced

(c) ☐the Member State concerned measures that the new engine emits 20 % less CO2 or uses 20 % less fuel than the engine being replaced under the normal fishing effort of the vessel concerned.

11.1.

Please identify the provision(s) of the legal basis that reflect your selection.

…

11.2.

Pursuant to point (260) of the Guidelines, please confirm that you apply Commission Implementing Regulation (EU) 2022/46

Commission Implementing Regulation (EU) 2022/46 of 13 January 2022 implementing Regulation (EU) 2021/1139 of the European Parliament and of the Council establishing the European Maritime, Fisheries and Aquaculture Fund and amending Regulation (EU) 2017/1004 as regards the identification of energy-efficient technologies and the specification of methodology elements to determine the normal fishing effort of fishing vessels (OJ L 9, 14.1.2022, p. 27).

to identify the energy-efficient technologies referred to in point (259)(a) of the Guidelines and to further specify the methodology elements for the implementation of point (259)(c) thereof.

☐yes ☐no

11.3.

Please describe how the measure applies those requirements.

…

  1. Please confirm that the eligible costs only include the direct and indirect costs related to the replacement or modernisation of a main or ancillary engine.

☐yes ☐no

12.1.

If the answer is yes, please identify the relevant provision(s) in the legal basis.

…

12.2.

Please provide a detailed description of the costs that are eligible under the measure.

…

  1. Please confirm that the measure prescribes that the maximum aid intensity does not exceed 40 % of the eligible costs.

☐yes ☐no

13.1.

Please provide the maximum aid intensity(ies) applicable under the measure.

…

13.2.

Please identify the provision(s) of the legal basis setting out the maximum aid intensity(ies) under the measure.

…

OTHER INFORMATION

  1. Please indicate any other information considered relevant to the assessment of the measure under this Section of the Guidelines.

…

3.3.

SUPPLEMENTARY INFORMATION SHEET ON AID FOR INCREASE IN THE GROSS TONNAGE OF A FISHING VESSEL FOR THE PURPOSES OF IMPROVING SAFETY, WORKING CONDITIONS OR ENERGY EFFICIENCY

This form must be used by Member States for the notification of any aid for the for the increase in the gross tonnage of a fishing vessel for the purposes of improving safety, working conditions or energy efficiency, as described in Section 3.3 of Chapter 3 of Part II of the Guidelines for State aid in the fishery and aquaculture sector

OJ C 107, 23.3.2023, p. 1.

('the Guidelines').

  1. Please confirm that the measure prescribes that the Union fishing vessels in respect of which aid is granted will not be transferred or reflagged outside the Union during at least five years from the final payment of the aid.

☐yes ☐no

1.1.

If the answer is yes, please identify the relevant provision(s) in the legal basis.

…

  1. Pursuant to point (265)(a) of the Guidelines, fishing vessels must belong to a fleet segment for which the latest report on fishing capacity, referred to in Article 22(2) of Regulation (EU) No 1380/2013, has shown a balance with the fishing opportunities available to that segment (hereafter national report). Pursuant to point (266) of the Guidelines, the procedure and conditions set out in points (225) to (227) of Part II, Chapter 2, Section 2.2 apply for the purpose of point (265)(a). Against that background, please confirm the following:

If the measure concerns inland fishing, questions 2.1-2.2.6.1 do not need to be replied.

2.1.

When was the latest national report prepared before the date of granting the aid?

…

2.1.1.

Please provide the link to the latest national report or enclose it to the notification.

…

2.2.

Please confirm that the following conditions are fulfilled for all aid to be granted:

2.2.1.

Was the national report submitted by 31 May of year N

Please refer to points 225 and 226 of the Guidelines describing the sequences of the national report submitted in year N and the Commission’s action by 31 March of year N+1.

?

☐yes ☐no

2.2.2.

Please confirm that the national report submitted in year N, and in particular the assessment of the balance contained therein, has been prepared on the basis of the biological, economic and vessel use indicators set out in the common guidelines

Communication from the Commission to the European Parliament and the Council: Guidelines for the analysis of the balance between fishing capacity and fishing opportunities according to Art 22 of Regulation (EU) No 1380/2013 of the European Parliament and the Council on the Common Fisheries Policy (COM(2014) 545 final).

referred to in Article 22(2) of Regulation (EU) No 1380/2013.

☐yes ☐no

Please note that no aid may be granted if the national report, and in particular the assessment of the balance contained therein, has not been prepared on the basis of the biological, economic and vessel use indicators set out in the common guidelines referred to in Article 22(2) of Regulation (EU) No 1380/2013.

2.2.3.

Does that national report submitted in year N demonstrate that there is a balance between fishing capacity and fishing opportunities in the fleet segment to which the vessel belongs?

☐yes ☐no

2.2.4.

Please explain how the national report was taken into account when designing the measure and how the balance is achieved.

…

2.2.5.

Please confirm that the Commission has not called into question by 31 March of year N+1:

(a) ☐the conclusion of the national report submitted in year N

(b) ☐the assessment of the balance contained in the national report submitted in year N

2.2.6.

Please confirm that the measure prescribes that the aid may be granted on the basis of the national report submitted in year N only until 31 December of year N+1, i.e., the year following the year of the submission of the report.

☐yes ☐no

2.2.6.1.

If the answer is yes, please identify the relevant provision(s) in the legal basis.

…

  1. Please confirm that the measure prescribes that fishing vessels must not be longer than 24 metres in overall length.

☐yes ☐no

3.1.

If the answer is yes, please identify the relevant provision(s) in the legal basis.

…

  1. Please confirm that the measure prescribes that fishing vessels must have been registered in the Union fleet register for at least the 10 calendar years preceding the year of submission of the aid application.

☐yes ☐no

4.1.

If the measure concerns inland fishing, please confirm that the measure prescribes that aid may only be granted in respect of a fishing vessel that has entered into service, in accordance with national law, for at least 10 calendar years preceding the year of submission of the aid application.

☐yes ☐no

4.2.

If the answer to question 4 or 4.1 is yes, please identify the relevant provision(s) in the legal basis.

…

  1. Please confirm that the entry into the fishing fleet of new fishing capacity generated by the operation is compensated for by the prior withdrawal of at least the same amount of fishing capacity without public aid from the same fleet segment or from a fleet segment for which the latest national report, referred to in Article 22(2) of Regulation (EU) No 1380/2013, has shown that the fishing capacity is not in balance with the fishing opportunities available to that segment.

☐yes ☐no

5.1.

If the answer to the previous question is yes, please identify the relevant provision(s) in the legal basis.

…

If the measure concerns inland fishing, this question does not apply.

  1. Please confirm the eligible costs:

(a) ☐the increase in gross tonnage necessary for the subsequent installation or renovation of accommodation facilities dedicated to the exclusive use of the crew, including sanitary facilities, common areas, kitchen facilities and shelter deck structures

(b) ☐the increase in gross tonnage necessary for the subsequent improvement or installation of on-board fire prevention systems, safety and alarm systems or noise-reduction systems

(c) ☐the increase in gross tonnage necessary for the subsequent installation of integrated bridge systems to improve navigation or engine control

(d) ☐the increase in gross tonnage necessary for the subsequent installation or renovation of an engine or a propulsion system that demonstrates a better energy efficiency or lower CO2 emissions compared to the previous situation, which does not have a power exceeding the fishing vessel’s previously certified engine power pursuant to Article 40(1) of Council Regulation (EC) No 1224/2009

Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy, amending Regulations (EC) No 847/96, (EC) No 2371/2002, (EC) No 811/2004, (EC) No 768/2005, (EC) No 2115/2005, (EC) No 2166/2005, (EC) No 388/2006, (EC) No 509/2007, (EC) No 676/2007, (EC) No 1098/2007, (EC) No 1300/2008, (EC) No 1342/2008 and repealing Regulations (EEC) No 2847/93, (EC) No 1627/94 and (EC) No 1966/2006 (OJ L 343, 22.12.2009, p. 1).

, and whose maximum power output is certified by the manufacturer for that engine or propulsion system model;

(e) ☐the replacement or renovation of the bulbous bow provided that it improves the overall energy efficiency of the fishing vessel.

6.1.

Please identify the provision(s) of the legal basis that reflect your selection.

…

6.2.

Please confirm that the eligible costs only include the direct and indirect costs related to the investment aid for improving safety, working conditions or energy efficiency leading to the increase in the gross tonnage of a fishing vessel.

☐yes ☐no

6.3.

If the answer is yes, please identify the relevant provision(s) in the legal basis.

…

6.4.

Please provide a detailed description of the costs that are eligible under the measure. Please describe which costs relate to improving safety, working conditions or energy efficiency, respectively.

…

  1. Please describe in detail the control and enforcement mechanisms in place to guarantee the fulfilment of the conditions laid down in Section 3.3 of Chapter 3 of Part II of the Guidelines.

…

  1. Please provide a detailed description of the characteristics of the measure, including the amount of the fishing capacity increased and the purpose of that increase.

…

If the answer was already provided in response to a previous question or section, please refer to that answer.

  1. Please confirm that the measure prescribes that the maximum aid intensity does not exceed 40 % of the eligible costs.

☐yes ☐no

9.1.

Please provide the maximum aid intensity(ies) applicable under the measure.

…

9.2.

Please identify the provision(s) of the legal basis setting out the maximum aid intensity(ies) under the measure.

…

OTHER INFORMATION

  1. Please indicate any other information considered relevant to the assessment of the measure under this Section of the Guidelines.

…

3.4.

SUPPLEMENTARY INFORMATION SHEET ONAID FOR PERMANENT CESSATION OF FISHING ACTIVITIES

This form must be used by Member States for the notification of any State aid for the permanent cessation of fishing activities, as described in Section 3.4 of Chapter 3 of Part II of the Guidelines for State aid in the fishery and aquaculture sector

OJ C 107, 23.3.2023, p. 1.

('the Guidelines').

  1. Please confirm that the measure prescribes that the Union fishing vessels in respect of which aid is granted will not be transferred or reflagged outside the Union during at least five years from the final payment of the aid.

☐yes ☐no

1.1.

If the answer is yes, please identify the relevant provision(s) in the legal basis.

…

If the measure only entails the scrapping of fishing vessels, this question does not apply.

  1. Please confirm that the cessation is foreseen as a tool of an action plan referred to in Article 22(4) of Regulation (EU) No 1380/2013.

☐yes ☐no

If the measure pursues considerations of an economic nature or other considerations related to conservation of marine biological resources pursuant to point (277) of the Guidelines, this question does not apply. Equally, if the measure concerns inland fishing, this question does not apply.

  1. Please confirm that the permanent cessation of fishing activities will be achieved through:

(a) ☐scrapping of the fishing vessel;

(b) ☐decommissioning and retrofitting of fishing vessels for activities other than commercial fishing;

(c) ☐both, i.e., the permanent cessation will be achieved through scrapping and decommissioning and retrofitting the fishing vessel

3.1.

Please identify the provision(s) of the legal basis that reflect your selection.

…

  1. Please confirm that the measure prescribes that fishing vessels must be registered as active and have carried out fishing activities for at least 90 days per year during the last two calendar years preceding the date of submission of the aid application.

☐yes ☐no

4.1.

If the answer is yes, please identify the relevant provision(s) in the legal basis.

…

4.2.

If the fishing activity in question is of a nature that it cannot be carried out throughout the whole calendar year, the minimum requirement of fishing activity, as set out in point (275)(c) of the Guidelines, may be reduced so long as the ratio between the number of days of activity and the number of fishable days is the same as the ratio between the number of days of activity and the number of calendar days per year for beneficiary undertakings which fish throughout the year.

4.2.1.

In such a case, please describe in detail the nature of the fishing activity concerned by the measure, explain how the minimum requirement of fishing activity was calculated and identify the relevant provision(s) in the legal basis.

…

4.3.

If the measure concerns inland fishing and fishing vessels are active in the catch of multiple species for which different numbers of fishable days are allowed in inland waters, the number of fishable days to calculate the ratio, as set out in point (276) of the Guidelines, is the average of the number of fishable days allowed for the catches of that vessel. Please note, however, that the minimum number of days of fishing activities resulting from such an adjustment must in no case be below 30 days or above 90 days.

4.3.1.

In such a case, please describe in detail the legal and/or administrative framework applicable to the inland fishing concerned, explain how the minimum requirement of fishing activity was calculated and identify the relevant provision(s) in the legal basis.

…

  1. Please confirm that the measure prescribes that equivalent fishing capacity will be permanently removed from the Union fishing fleet register, and that such capacity will not be replaced.

☐yes ☐no

5.1.

If the measure concerns inland fishing, please confirm that the condition applies by reference to the relevant national fleet register, if available under national law, instead of the Union fleet register.

☐yes ☐no

5.2.

If the answer to question 5 or 5.1 is yes, please identify the relevant provision(s) in the legal basis.

…

  1. Please confirm that the measure prescribes that the respective fishing licences and the fishing authorisations will be permanently withdrawn.

☐yes ☐no

6.1.

If the answer is yes, please identify the relevant provision(s) in the legal basis.

…

  1. Please confirm that the measure prescribes that beneficiary undertakings do not register any fishing vessel within five years following the receipt of aid.

☐yes ☐no

7.1.

If the measure concerns inland fishing, please confirm that the condition applies by reference to the relevant national fleet register, if available under national law, instead of the Union fleet register.

☐yes ☐no

7.2.

If the answer to question 7 or 7.1 is yes, please identify the relevant provision(s) in the legal basis.

…

  1. If the measure pursues considerations of an economic nature or other considerations related to conservation of marine biological resources pursuant to point (277) of the Guidelines, or if the measure concerns inland fishing pursuant to point (280) thereof, please address the following:

8.1.

Please explain in detail the circumstances justifying the permanent cessation, setting out for example the economic or environmental considerations pursued.

…

8.2.

Please identify the objective of the measure:

☐

conservation measures supported by scientific evidence

☐

considerations of an economic nature

8.2.1.

In case of conservation measures, please provide a summary of the scientific evidence supporting the measure.

…

8.2.2.

In case of considerations of an economic nature, please explain in detail the economic rationale of the permanent cessation (unless it is already described in response to question 8.1).

…

8.3.

With regard to inland fishing, please confirm that aid under the measure can only be granted to beneficiary undertakings operating exclusively in inland waters.

☐yes ☐no

8.3.1.

If the answer is yes, please identify the relevant provision(s) in the legal basis.

…

8.4.

Please confirm that the measure prescribes that beneficiary undertakings commit not to increase their active fishing capacity from the time of the aid application until five years after the payment of the aid.

☐yes ☐no

8.4.1.

If the answer is yes, please identify the relevant provision(s) in the legal basis.

…

8.5.

Please confirm that the measure prescribes that beneficiary undertakings also commit not to use the aid to replace or modernise their engines, unless the conditions set out in Article 18 of Regulation (EU) 2021/1139 of the European Parliament and of the Council

Regulation (EU) 2021/1139 of the European Parliament and of the Council of 7 July 2021 establishing the European Maritime, Fisheries and Aquaculture Fund and amending Regulation (EU) 2017/1004 (OJ L 247, 13.7.2021, p. 1).

are fulfilled.

☐yes ☐no

8.5.1.

If the answer is yes, please identify the relevant provision(s) in the legal basis.

…

8.6.

If one year prior to the notification, the notifying Member State granted any aid or implemented operations under the European Maritime Fisheries Fund (EMFF) or the European Maritime, Fisheries and Aquaculture Fund (EMFAF) leading to an increase of fishing capacity in a sea basin, or where it included such operations in the national EMFAF programme, please explain in detail to which extent aid for permanent cessation in that same sea basin is compatible with such an increase of fishing capacity and demonstrate the justification for and the indispensability of the aid.

If the measure concerns inland fishing, this question does not apply.

…

  1. Please confirm the beneficiaries of the aid:

(a) ☐owners of Union fishing vessels concerned by the permanent cessation

(b) ☐fishers who have worked on board a Union fishing vessel concerned by the permanent cessation for at least 90 days per year during the last two calendar years preceding the year of submission of the aid application

(c) ☐both, i.e., the categories of beneficiaries include (a) and (b)

9.1.

Please identify the provision(s) of the legal basis that reflect your selection.

…

9.2.

Please explain how the minimum number of 90 days set out above for fishers was calculated, in case any adjustments were applicable to the respective fishing vessels, taking into account points (283)(276) and (281) of the Guidelines.

…

9.3.

Please confirm that the measure prescribes that fishers cease all fishing activities for five years following the receipt of aid, and that – if a fisher returns to fishing activities within that period – sums unduly paid in respect of the aid will be recovered in an amount proportionate to the period during which that condition has not been fulfilled.

☐yes ☐no

9.3.1.

If the answer is yes, please identify the relevant provision(s) in the legal basis.

…

  1. Please describe in detail the control and enforcement mechanisms in place to guarantee compliance with the conditions attached to the permanent cessation, including to ensure that capacity is permanently withdrawn, and that the vessel or fishers concerned have ceased any fishing activities following the measure. Please note that, in the absence of a national fleet register applicable to inland waters, Member States must also demonstrate that such control and enforcement mechanisms ensure a management of capacity comparable to that applicable to sea fisheries.

…

  1. Please confirm that the eligible costs must be calculated at the level of the individual beneficiary.

☐yes ☐no

11.1.

If the answer is yes, please identify the relevant provision(s) in the legal basis.

…

  1. Please confirm the eligible costs:

☐

in case of scrapping of fishing vessels:

☐

the costs of scrapping the fishing vessels

☐

compensation for the losses of value of the scrapped fishing vessels measured as its current selling value

☐

in case of decommissioning and retrofitting for activities other than commercial fishing: the investment costs related to converting the fishing vessel for the purposes of other economic activities

☐

costs related to the fishers, which can also include the obligatory social costs resulting from the implementation of the permanent cessation insofar as not covered by other national provisions in case of cessation of a business activity

12.1.

Please identify the provision(s) of the legal basis that reflect your selection.

…

12.2.

Please describe in detail the eligible costs.

…

12.3.

Please confirm that the eligible costs must be reduced by any costs not incurred because of the permanent cessation of fishing activities which would otherwise have been incurred by the beneficiary undertaking.

☐yes ☐no

12.3.1.

If the answer yes, please identify the relevant costs.

…

12.3.2.

If the answer is yes, please identify the relevant provision(s) in the legal basis.

…

  1. Please confirm that the measure prescribes that the maximum aid intensity does not exceed 100 % of the eligible costs.

☐yes ☐no

13.1.

Please provide the maximum aid intensity(ies) applicable under the measure.

…

13.2.

Please identify the provision(s) of the legal basis setting out the maximum aid intensity(ies) under the measure.

…

  1. Please note that the Commission may accept other calculation methods provided that it is satisfied that they are based on objective criteria and do not result in overcompensation of any beneficiary undertaking.

If the notifying Member State intends to propose other calculation method, please provide the reasons as to why the method set out in the Guidelines is not appropriate in the case at hand and explain how the other calculation method addresses better the identified needs.

…

Please submit as an annex to the notification the other methodology proposed, together with a demonstration that it is based on objective criteria and do not result in overcompensation of any beneficiary.

OTHER INFORMATION

  1. Please indicate any other information considered relevant to the assessment of the measure under this Section of the Guidelines.

…

3.5.

SUPPLEMENTARY INFORMATION SHEET ON AID FOR TEMPORARY CESSATION OF FISHING ACTIVITIES

This form must be used by Member States for the notification of any State aid for the for temporary cessation of fishing activities, as described in Section 3.5 of Chapter 3 of Part II of the Guidelines for State aid in the fishery and aquaculture sector

OJ C 107, 23.3.2023, p. 1.

('the Guidelines').

  1. Please confirm that the measure prescribes that the Union fishing vessels in respect of which aid is granted will not be transferred or reflagged outside the Union during at least five years from the final payment of the aid.

☐yes ☐no

1.1.

If the answer is yes, please identify the relevant provision(s) in the legal basis.

…

  1. Please identify the case for which aid for temporary cessation of fishing activities is granted:

(a) ☐conservation measures, as referred to in Article 7(1), points (a), (b), (c), (i) and (j), of Regulation (EU) No 1380/2013 of the European Parliament and of the Council

Regulation (EU) No 1380/2013 of the European Parliament and of the Council of 11 December 2013 on the Common Fisheries Policy, amending Council Regulations (EC) No 1954/2003 and (EC) No 1224/2009 and repealing Council Regulations (EC) No 2371/2002 and (EC) No 639/2004 and Council Decision 2004/585/EC (OJ L 354, 28.12.2013, p. 22).

or, where applicable to the Union, equivalent conservation measures adopted by regional fisheries management organisations, provided that a reduction of fishing effort is needed, based on scientific advice, in order to achieve the objectives of the CFP, a set out in Article 2(2) and Article 2(5), point (a), of Regulation (EU) No 1380/2013

(b) ☐Commission measures in case of a serious threat to marine biological resources, as referred to in Article 12 of Regulation (EU) No 1380/2013

(c) ☐Member State emergency measures pursuant to Article 13 of Regulation (EU) No 1380/2013

(d) ☐the interruption, due to reasons of force majeure, of the application of a sustainable fisheries partnership agreement or protocol thereto

(e) ☐environmental incidents or health crises, as formally recognised by the competent authorities of the relevant Member State.

2.1.

Please provide a detailed description of the measures, incidents or crises in question and, if applicable, identify the relevant provision(s) in the legal basis formally recognising those events.

…

If the measure concerns inland fishing, this question does not apply, see instead question 5.2.

  1. Please confirm that the measure prescribes that aid may only be granted where the fishing activities of the vessel or fisher concerned are stopped during at least 30 days in a given calendar year.

☐yes ☐no

3.1.

If the answer is yes, please identify the relevant provision(s) in the legal basis.

…

  1. Please confirm the beneficiaries of the aid:

(a) ☐owners or operators of Union fishing vessels which are registered as active and which have carried out fishing activities for at least 120 days during the last two calendar years preceding the year of submission of the aid application

(b) ☐with regard to inland fishing: owners or operators of fishing vessels which are registered in the national fleet register (if applicable under national law) as active and which have carried out fishing activities for at least 120 days during the last two calendar years preceding the year of submission of the aid application

(c) ☐fishers who have worked on board a Union fishing vessel concerned by the temporary cessation for at least 120 days during the last two calendar years preceding the year of submission of the aid application

(d) ☐fishers on foot who have carried out fishing activities for at least 120 days during the last two calendar years preceding the year of submission of the aid application

4.1.

Please identify the provision(s) of the legal basis that reflect your selection.

…

4.2.

If the fishing activity in question is of a nature that it cannot be carried out throughout the whole calendar year, the minimum requirement of fishing activity, as set out in point (295) of the Guidelines, may be reduced as long as the ratio between the number of days of activity and the number of fishable days is the same as the ratio between the number of days of activity and the number of calendar days per year for beneficiary undertakings which fish throughout the year.

4.2.1.

In such a case, please describe in detail the nature of the fishing activity concerned by the measure, explain how the minimum requirement of fishing activity was calculated and identify the relevant provision(s) in the legal basis.

…

4.3.

If the measure concerns inland fishing and fishing vessels or fishers are active in the catch of multiple species for which different numbers of fishable days are allowed in inland waters, the number of fishable days to calculate the ratio, as set out in point (296) of the Guidelines, is the average of the number of fishable days allowed for the catches of that vessel or fisher. Please note, however, that the minimum number of days of fishing activities resulting from such an adjustment must in no case be below 40 days or above 120 days.

4.3.1.

In such a case, please describe in detail the legal and/or administrative framework applicable to the inland fishing concerned, explain how the minimum requirement of fishing activity was calculated and identify the relevant provision(s) in the legal basis.

…

  1. If the measure concerns inland fishing, please address the following:

5.1.

Please confirm that aid under the measure can only be granted to beneficiary undertakings operating exclusively in inland waters.

☐yes ☐no

5.1.1.

If the answer is yes, please identify the relevant provision(s) in the legal basis.

…

5.2.

Please identify the objective of the measure:

(a) ☐conservation measures supported by scientific evidence

(b) ☐environmental incidents or health crises, as formally recognised by the competent authorities of the relevant Member State

5.2.1.

In case of conservation measures, please provide a summary of the scientific evidence supporting measure.

…

5.2.2.

In case of incidents or crises, please provide a detailed description of the incidents or crises in question and identify the relevant provision(s) in the legal basis formally recognising those events.

…

  1. Please confirm that aid may be granted for a maximum duration of 12 months per vessel or per fisher during the programming period under the European Maritime, Fisheries and Aquaculture Fund, irrespective of the source of funding, whether nationally financed or co-financed pursuant to Article 21 of Regulation (EU) 2021/1139 of the European Parliament and of the Council

Regulation (EU) 2021/1139 of the European Parliament and of the Council of 7 July 2021 establishing the European Maritime, Fisheries and Aquaculture Fund and amending Regulation (EU) 2017/1004 (OJ L 247, 13.7.2021, p. 1).

.

☐yes ☐no

6.1.

If the answer is yes, please identify the relevant provision(s) in the legal basis.

…

6.2.

Please confirm that the notifying Member States will comply with the reporting obligation set out in point (346) of the Guidelines.

☐yes ☐no

  1. Please confirm that the measure prescribes that all fishing activities carried out by the vessels or fishers concerned must be effectively suspended during the period concerned by the temporary cessation of fishing activities.

☐yes ☐no

7.1.

If the answer is yes, please identify the relevant provision(s) in the legal basis.

…

  1. Please describe in detail the control and enforcement mechanisms in place to guarantee compliance with the conditions attached to the temporary cessation, including to ensure that the vessel or fisher concerned has ceased any fishing activities during the period concerned by the measure.

…

  1. Please confirm the eligible costs:

(a) ☐loss of income due to the temporary cessation of fishing activities

(b) ☐other costs related to the maintenance, upkeep and preservation of unutilised assets during temporary cessation of fishing activities

(c) ☐both, i.e., the eligible costs include (a) and (b)

9.1.

Please identify the provision(s) of the legal basis that reflect your selection.

…

9.2.

Please confirm that the eligible costs must be calculated at the level of the individual beneficiary.

☐yes ☐no

9.2.1.

If the answer is yes, please identify the relevant provision(s) in the legal basis.

…

9.3.

Please confirm that the loss of income must be calculated pursuant to point (304) of the Guidelines, that is by subtracting: (a) the result of multiplying the quantity of the fishery products produced in the year of the temporary cessation of fishing activities, by the average selling price obtained during that year, from (b)the result of multiplying the average annual quantity of fishery products produced in the three-year period preceding the temporary cessation of fishing activities, or a three-year average based on the five-year period preceding the temporary cessation of fishing activities, excluding the highest and lowest entry, by the average selling price obtained.

☐yes ☐no

9.3.1.

If the answer is yes, please identify the relevant provision(s) in the legal basis.

…

9.4.

Please confirm that costs related to the maintenance, upkeep and preservation of unutilised assets during temporary cessation of fishing activities must be calculated based on an average of the costs incurred over the three-year period preceding the temporary cessation of fishing activities, or on a three-year average over the five-year period preceding the temporary cessation of fishing activities, excluding the highest and lowest entry.

☐yes ☐no

9.4.1.

If the answer is yes, please identify the relevant provision(s) in the legal basis.

…

9.5.

Please explain whether the eligible costs may include other costs incurred by the beneficiary undertaking due to the temporary cessation of fishing activities.

☐yes ☐no

9.5.1.

If the answer is yes, please identify the relevant costs.

…

9.5.2.

If the answer is yes, please identify the relevant provision(s) in the legal basis.

…

9.6.

Please confirm that the eligible costs must be reduced by any costs not incurred because of the temporary cessation of fishing activities, which would otherwise have been incurred by the beneficiary undertaking.

9.6.1.

If the answer is yes, please identify the relevant costs.

…

9.6.2.

If the answer is yes, please identify the relevant provision(s) in the legal basis.

…

9.7.

Please confirm that the measure prescribes that, where a vessel is used during the temporary cessation for activities other than commercial fishing, any income must be declared and deducted from the aid granted under this Section, and no aid must be granted for other costs related to the maintenance, upkeep and preservation of unutilised assets during temporary cessation of fishing activities.

☐yes ☐no

9.7.1.

If the answer is yes, please identify the relevant provision(s) in the legal basis.

…

  1. Please note that the Commission may accept other calculation methods provided that it is satisfied that they are based on objective criteria and do not result in overcompensation of any beneficiary undertaking.

If the notifying Member State intends to propose an other calculation method, please provide the reasons as to why the method set out in the Guidelines is not appropriate in the case at hand and explain how the other calculation method addresses better the identified needs.

…

Please submit as an annex to the notification the other methodology proposed, together with a demonstration that it is based on objective criteria and do not result in overcompensation of any beneficiary.

…

  1. Please confirm whether the measure provides that, where an SME was set up less than three years from the date of the temporary cessation of fishing activities, the reference to the three or five-year periods in points (304)(b) and (305) of the Guidelines (questions 9.3 and 9.4 above) must be understood as referring to the quantity produced and sold, or costs incurred, by an average undertaking of the same size as the applicant, namely a micro enterprise, a small enterprise or a medium enterprise, respectively, in the national or regional sector affected by the temporary cessation of fishing activities.

☐yes ☐no

11.1.

If the answer is yes, please identify the relevant provision(s) in the legal basis.

…

  1. Please confirm that the measure prescribes that the aid and any other payments, including payments under insurance policies, received for the purpose of temporary cessation of fishing activities must be limited to 100 % of the eligible costs

☐yes ☐no

12.1.

Please provide the maximum aid intensity(ies) applicable under the measure.

…

12.2.

Please identify the provision(s) of the legal basis setting out the 100 % limit and the maximum aid intensity(ies) under the measure.

…

OTHER INFORMATION

  1. Please indicate any other information considered relevant to the assessment of the measure under this Section of the Guidelines.

…

3.6.

SUPPLEMENTARY INFORMATION SHEET ON LIQUIDITY AID TO FISHERS

This form must be used by Member States for the notification of liquidity aid to fishers, as described in Section 3.6 of Chapter 3 of Part II of the Guidelines for State aid in the fishery and aquaculture sector

OJ C 107, 23.3.2023, p. 1.

('the Guidelines'). Aid under this Section may also be granted to undertakings active in inland fishing.

  1. Please confirm that the measure prescribes that the Union fishing vessels in respect of which aid is granted will not be transferred or reflagged outside the Union during at least five years from the final payment of the aid.

☐yes ☐no

1.1.

If the answer is yes, please identify the relevant provision(s) in the legal basis.

…

  1. Please explain in detail the circumstances justifying the liquidity aid and describe the exogenous events entailing a temporary restriction of fishing activities.

…

  1. Please explain when the exogenous event occurred, including its starting and ending dates if applicable.

…

  1. Please confirm that the measure does not concern any of the following:

(a) (the cases of temporary cessation of fishing activities listed in Section 3.5 of Part II, Chapter 3 of the Guidelines

(b) conservation measures taken in accordance with sustainable fisheries partnership agreements and of agreements on exchange or joint management

(c) the reduction or loss of fishing opportunities within EU waters in the framework of the implementation of the Common Fisheries Policy

(d) the reduction or loss of fishing opportunities with regard to non-EU waters, e.g. due to non-renewal, suspension, termination or re-negotiation of a sustainable fisheries partnership agreement and of agreements on exchange or joint management or measures on fixing and allocation of fishing opportunities taken in accordance with such agreements or under the auspice of a regional fisheries management organisation

☐yes ☐no

  1. Please confirm that the measure prescribes that aid may only be granted where there is a direct causal link between the exogenous events and the loss of income suffered.

☐yes ☐no

5.1.

If the answer is yes, please identify the relevant provision(s) in the legal basis.

…

  1. Please describe in detail the control and enforcement mechanisms in place to guarantee compliance with the conditions attached to the liquidity aid to fishers.

…

  1. Please confirm that the eligible costs only cover the loss of income due to the exogenous events.

☐yes ☐no

7.1.

If the answer to the previous question is yes, please identify the relevant provision(s) in the legal basis.

…

7.2.

Please confirm that the eligible costs must be calculated at the level of the individual beneficiary.

☐yes ☐no

7.2.1.

If the answer is yes, please identify the relevant provision(s) in the legal basis.

…

7.3.

Please confirm that the loss of income must be calculated pursuant to point (319) of the Guidelines, that is by subtracting: (a) the result of multiplying the quantity of the fishery products produced in the year of the exogenous events, by the average selling price obtained during that year, from (b) the result of multiplying the average annual quantity of fishery products produced in the three-year period preceding the exogenous events, or a three-year average based on the five-year period preceding the exogenous events, excluding the highest and lowest entry, by the average selling price obtained.

☐yes ☐no

7.3.1.

If the answer is yes, please identify the relevant provision(s) in the legal basis.

…

7.4.

Please explain whether the eligible costs may include other costs incurred by the beneficiary undertaking due to the exogenous events.

☐yes ☐no

7.4.1.

If the answer is yes, please identify the relevant costs.

…

7.4.2.

If the answer is yes, please identify the relevant provision(s) in the legal basis.

…

7.5.

Please confirm that the eligible costs must be reduced by any costs not incurred because of the exogenous events, which would otherwise have been incurred by the beneficiary undertaking.

7.5.1.

If the answer is yes, please identify the relevant costs.

…

7.5.2.

If the answer is yes, please identify the relevant provision(s) in the legal basis.

…

7.6.

Please confirm that the measure prescribes that, where a vessel is used during the exogenous events for activities other than commercial fishing, any income must be declared and deducted from the aid granted under this Section.

☐yes ☐no

7.6.1.

If the answer is yes, please identify the relevant provision(s) in the legal basis.

…

  1. Please note that the Commission may accept other calculation methods provided that it is satisfied that they are based on objective criteria and do not result in overcompensation of any beneficiary undertaking.

If the notifying Member State intends to propose another calculation method, please provide the reasons as to why the method set out in the Guidelines is not appropriate in the case at hand and explain how the other calculation method addresses better the identified needs.

…

Please submit as an annex to the notification the other methodology proposed, together with a demonstration that it is based on objective criteria and do not result in overcompensation of any beneficiary.

  1. Please confirm whether the measure provides that, where an SME was set up less than three years from the date of the exogenous events, the reference to the three or five-year periods in point (319)(b) of the Guidelines must be understood as referring to the quantity produced and sold by an average undertaking of the same size as the applicant, namely a micro enterprise, a small enterprise or a medium enterprise, respectively, in the national or regional sector affected by the exogenous events

☐yes ☐no

9.1.

If the answer is yes, please identify the relevant provision(s) in the legal basis.

…

  1. Please confirm that the measure prescribes that the aid and any other payments, including payments under insurance policies, must be limited to 100 % of the eligible costs.

☐yes ☐no

10.1.

Please provide the maximum aid intensity(ies) applicable under the measure.

…

10.2.

Please identify the provision(s) of the legal basis setting out the 100 % limit and the maximum aid intensity(ies) under the measure.

…

OTHER INFORMATION

  1. Please indicate any other information considered relevant to the assessment of the measure under this Section of the Guidelines.

…

Annex

ANNEX II

Annex

ANNEX III

STANDARDISED REPORTING FORMAT FOR EXISTING STATE AID

(This format covers all sectors)

The Commission shall, by 1 March each year, send to the Member States, through a dedicated reporting tool, the State aid cases whose expenditure must be reported. Member States shall review the completeness of the cases provided by the Commission and inform the Commission of any missing cases by providing the corresponding aid numbers. The reports will be automatically generated in the dedicated reporting tool. Member States shall complete the reports with the expenditure information and validate the cases, which will be then returned to the Commission by 30 June of the year in question. This will enable the Commission to publish State aid data in year t for the reporting period t-1

t is the year in which the data are requested.

.

The bulk of the information in the dedicated platform 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 Union 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 information shall be included in the reports:

  1. Title
  1. Aid number
  1. All previous aid numbers (for example, following the renewal of a scheme)
  1. Expiry

Member States should indicate those schemes which have expired or for which all payments have stopped.

  1. Co-financing

Although measures based solely on Union funding itself is excluded, total State aid for each Member State shall include aid measures that are co-financed by Union 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.

  1. Sector

The sectoral classification shall be based largely on NACE

NACE rev.2.1 is the Statistical classification of economic activities in the European Union.

at the [three-digit level].

  1. Primary objective
  1. Secondary objective

A secondary objective is one for which, in addition to the primary objective, the aid (or a distinct part of it) was 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 or part of it is earmarked exclusively for SMEs.

  1. 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 107(3)a regions and the Article 107(3)c regions. If the aid is earmarked for one particular region, this should be specified at NUTS

NUTS is the nomenclature of territorial units for statistical purposes in the European Union.

level II.

  1. Aid instrument
  1. 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).

  1. Expenditure

Information referred to in points 1, 2, 3 and 6 to 11 shall be pre-completed by the Commission and checked by the Member States. Points 4, 5 and 12 shall be completed by the Member States.

As a general rule, figures should be expressed in terms of actual expenditure (or actual revenue foregone in the case of tax =measures). 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. Additionally, expenditure reported in the previous years can be updated up to 6 years in the past.

Annex

ANNEX III

Annex

ANNEX IV

FORM FOR THE SUBMISSION OF COMPLAINTS CONCERNING ALLEGED UNLAWFUL STATE AID OR MISUSE OF AID

The mandatory fields are marked with a star ().

  1. Information regarding the complainant

First Name:

Surname:

Address line 1:

Address line 2:

Town/City:

County/State/Province:

Postcode:

Country:

Telephone:

Mobile Telephone:

E-mail address:

  1. I am submitting the complaint on behalf of somebody (a person or a firm)

☐Yes ☐No

If yes, please also provide the following information

Name of the person/firm you represent:

Registration nr. of the entity:

Address line 1:

Address line 2:

Town/City:

County/State/Province:

Postcode:

Country:

Telephone 1:

Telephone 2:

E-mail address:

Please attach proof that the representative is authorized to act on behalf of this person/firm.

  1. Please select one of the following options, describing your identity

(a) ☐Competitor of the beneficiary or beneficiaries

(b) ☐Trade association representing the interests of competitors

(c) ☐Non-governmental organisation

(d) ☐Trade union

(e) ☐EU citizen

(f) ☐Other, please specify

Please explain why and to what extent the alleged State aid affects your competitive position / the competitive position of the person/firm you represent, or is otherwise likely to have a specific effect on your/its situation. Provide as much concrete evidence as possible.

Please be aware that, by virtue of Article 24(2) of Council Regulation (EU) 2015/1589 of 13 July 2015 laying down detailed rules for the application of Article 108 of the Treaty on the Functioning of the European Union

OJ L 248, 24.9.2015, p. 9, ELI: http://data.europa.eu/eli/reg/2015/1589/oj.

, only interested parties within the meaning of Article 1, point (h), of that Regulation may submit formal complaints. Therefore, in the absence of a demonstration that you are an interested party, the present form will not be registered as a complaint, and the information provided therein will be kept as general market information.

  1. Please select one of the following two options

☐

Yes, you may reveal my identity

☐

No, you may not reveal my identity

If not, please specify the reasons:

  1. Information regarding the Member State granting the aid

Please be aware: the information provided under this point is regarded as non-confidential.

(a) Country:

(b) If known, specify which institution or body granted the alleged unlawful State aid:

Central government:

Region (please specify):

Other (please specify):

  1. Information regarding the alleged aid measure

Please be aware: the information provided under this point is regarded as non-confidential.

In case you add annexes in support to your claim, please indicate in the section below the relevant points/sections of the annex supporting your allegations that the measure is not in line with State aid rules.

(a) Please provide a description of the alleged aid, and indicate in what form it was granted (loans, grants, guarantees, tax incentives or exemptions etc.).

(b) For what purpose was the alleged aid given (if known)?

(c) What is the amount of the alleged aid (if known)? If you do not have the exact figure, please provide an estimate and as much justifying evidence as possible.

(d) Who is the beneficiary? Please give as much information as possible, including a description of the main activities of the beneficiary/firm(s) concerned.

(e) To your knowledge, when was the alleged aid granted?

(f) Please select one of the following options:

☐

According to my knowledge, the State aid was not notified to the Commission.

☐

According to my knowledge, the State aid was notified, but it was granted before the decision of the Commission. If known, please indicate the notification reference number or indicate when the aid was notified.

☐

According to my knowledge, the State aid was notified and approved by the Commission, but its implementation did not respect the applicable conditions. If known, please indicate the notification reference number or indicate when the aid was notified and approved.

☐

According to my knowledge, the State aid was granted under a block exemption regulation, but its implementation did not respect the applicable conditions.

  1. Grounds of complaint

Please note that, for a measure to qualify as State aid under Article 107(1) of the Treaty, the alleged aid has to be granted by a Member State or through State resources, it has to distort or threaten to distort competition by favouring certain undertakings or the production of certain goods, and affect trade between Member States.

In case you add annexes in support to your claim, please indicate in the section below the relevant points/sections of the annex supporting your allegations that the measure is not in line with State aid rules.

(a) Please explain to what extent public resources are involved (if known) and, if the measure was not adopted by a public authority (but for instance by a public undertaking), please explain why, in your view, it is imputable to public authorities of a Member State.

(b) Please explain why, in your opinion, the alleged State aid is selective (i.e. favours certain commercial undertakings or the production of certain goods).

(c) Please explain how, in your opinion, the alleged State aid provides an economic advantage for the beneficiary or beneficiaries.

(d) Please explain why, in your view, the alleged State aid distorts or threatens to distort competition.

(e) Please explain why, in your view, the alleged aid affects trade between Member States.

  1. Compatibility of the aid

Please indicate the reasons why in your view the alleged aid is not compatible with the internal market.

In case you add annexes in support to your claim, please indicate in the section below the relevant points/sections of the annex supporting your allegations that the measure is not in line with State aid rules.

  1. Information on alleged infringement of other rules of European Union law and on other procedures

(a) If known, please indicate what other rules of European Union law you think have been infringed by the granting of the alleged aid. Please be aware that this does not imply necessarily that those potential infringements will be dealt with within the State aid investigation.

(b) Have you already approached the Commission's services or any other European institution concerning the same issue?

☐Yes ☐No

If yes, please attach copies of correspondence.

(c) Have you already approached national authorities or national courts concerning the same issue?

☐Yes ☐No

If yes, please indicate which authorities or courts; also, if there has already been a decision or judgement, please attach a copy (if available); if, on the contrary, the case is still pending, please indicate its reference (if available).

(d) Please provide any other information that may be relevant for the assessment of this case.

  1. Supporting documents

Please list any documents and evidence which are submitted in support of the complaint and add annexes if necessary

Whenever possible, a copy of the national law or other measure which provides the legal basis for the payment of the alleged aid should be provided.

Whenever possible, please attach any available evidence that the State aid was granted (e.g. press release, published accounts).

If the complaint is submitted on behalf of someone else (a natural person or a firm) please attach proof that you as a representative are authorised to act.

Where applicable, please attach copies of all previous correspondence with the European Commission or any other European or national institution concerning the same issue.

If the issue has already been dealt with by a national court/authority, please attach a copy of the judgement/decision, if available.

  1. Confidential information

All the information contained in this form and the annexes submitted are not confidential and may be shared with the Member State allegedly granting the State aid.

☐Yes ☐No

If no, please identify the confidential part(s) of any documents, explain the reason why you consider it to be confidential and provide a non-confidential version of the document.

Please note that the information contained in points 5 and 6 of this form cannot be designated as confidential.

In the absence of any indication about confidentiality of certain documents or information, those elements will be treated as non-confidential and may be shared with the Member State allegedly granting the State aid.

I hereby declare that all the information in this form and annexes is provided in good faith.

Place, date and signature of complainant

Annex

ANNEX IV

Annex

ANNEX V

FORM FOR THE SUBMISSION OF INTERNAL REVIEW REQUESTS FOLLOWING THE AARHUS COMPLIANCE COMMITTEE FINDINGS IN CASE ACCC/C/2015/128

Please note that the request for an internal review must be made by the non-governmental organisation within eight weeks after publication of the Commission State aid decision in the Official Journal of the European Union that is the subject of the sought review.

The mandatory fields are marked with a star ().

  1. INFORMATION ON THE NON-GOVERNMENTAL ORGANISATION SUBMITTING THE REQUEST

Non-governmental organisation:

First name (person representing the non-governmental organisation):

Surname:

Address line 1:

Address line 2:

Town/City:

County/State/Province:

Postcode:

Country:

Telephone:

Mobile telephone:

Email address:

I am submitting the request on behalf of another non-governmental organisation, namely …

☐Yes ☐No

Note:

If a joint request concerning the same State aid decision and State aid measure is made by several non-governmental organisations, include in this form the contact details of all non-governmental organisations.

If a single contact point is designated, please provide the details of the single contact point.

Single contact point, if applicable: …

First name:

Surname:

Address line 1:

Address line 2:

Town/City:

County/State/Province:

Postcode:

Country:

Telephone:

Mobile telephone:

Email address:

  1. LAWYER SUBMITTING THE REQUEST ON BEHALF OF ONE OR SEVERAL NON-GOVERNMENTAL ORGANISATION(S)

I am submitting the request on behalf of one or several non-governmental organisation(s)

☐Yes ☐No

If yes, please provide the following information:

Name of the non-governmental organisation(s) you represent:

Registration nr. of the entity/ies:

Address line 1:

Address line 2:

Town/City:

County/State/Province:

Postcode:

Country:

Telephone 1:

Telephone 2:

Email address:

Please attach proof that the representative is authorised to act on behalf of the non-governmental organisation(s). If a non-governmental organisation is represented by a lawyer, the request must include documents and data proving that the lawyer is authorised to practise before a court of a Member State. This may include a certificate issued by a bar association in a Member State or any other document to the same effect following national practice. The lawyer must also provide a power-of-attorney evidencing that they are entitled to represent their client.

  1. CONFIDENTIALITY

For the person filing the request on behalf of the non-governmental organisation:

☐

Yes, you may reveal my identity

☐

No, you may not reveal my identity

Confidentiality: If you do not wish your identity to be disclosed, please indicate this clearly.

The request will be published on the Commission’s website. The request will be shared with the Member State granting the State aid for their possible comments and may be also shared with other public authorities.

  1. ELIGIBILITY REQUIREMENTS

4.1.

Legal status of the non-governmental organisation

Is your non-governmental organisation established as legal entity in accordance with the laws and regulations of an EU Member State?

☐Yes ☐No

In the affirmative, please indicate where this is registered (specifying the page and article/paragraph): …

4.2.

Not-for-profit status of your organisation

Is your non-governmental organisation a not-for-profit organisation? Please provide evidence to that effect.

☐Yes ☐No

In the affirmative, please explain and indicate where this is registered (specifying the page and article/paragraph): … (maximum 250 words)

4.3

Independent status of your organisation:

Is your non-governmental organisation an independent organisation?

☐Yes ☐No

In the affirmative, please explain and indicate where this is registered (specifying the page and article/paragraph): … (maximum 250 words)

4.4

Primary objective: promoting environmental protection in the context of environmental law

Does your non-governmental organisation have as its primary objective the promotion of environmental protection in the context of environmental law?

☐Yes ☐No

In the affirmative, please explain and indicate where this is registered (specifying the page and article/paragraph): … (maximum 250 words)

4.5

Duration of the organisation and active pursuance of the objective under 4.4 above:

Has your non-governmental organisation been operational and actively pursued the objective mentioned in 4.4 above for over two years?

☐Yes ☐No

In the affirmative, please explain and indicate where this is registered (specifying the page and article/paragraph): … (maximum 250 words).

4.6

Organisation’s objective and subject matter of the request for internal review

What is the subject matter of your request? … (maximum 250 words).

Is the subject of your requested internal review covered by your organisation’s objective and activities?

☐Yes ☐No

In the affirmative, please explain and indicate where this is registered (specifying the page and article/paragraph): … (maximum 250 words).

  1. GROUNDS OF REQUEST

Please indicate for which Commission State aid decision and measure you are requesting an internal review. If possible, please indicate the recitals in the State aid decision which form the basis of your request.

Please indicate the specific provision(s) of Union environmental law that are alleged to have been breached by the activity that received aid and/or by any aspects of the State aid measure. Please explain why they are indissolubly linked to the objective of the aid and/or the aided activity

Ex multis judgment of 22 March 1977, Iannelli & Volpi SpA v Ditta Paolo Meroni, 74/76, EU:C:1977:51, paragraph 14, Those aspects of aid which contravene specific provisions of the Treaty (…) may be so indissolubly linked to the object of the aid that it is impossible to evaluate them separately so that their effect on compatibility or incompatibility of the aid viewed as a whole must therefore of necessity be determined in the light of the procedure prescribed in Article 93.

.

Please note that an internal review can only be requested for final State aid decisions closing a formal investigation procedure under Article 108(2) of the Treaty, in accordance with Article 9(3) and (4) of Council Regulation (EU) 2015/1589, having as legal basis Article 107(3), point (a), first part (aid to promote the execution of an important project of common European interest) of point (b), points (c), (d) and (e) of the Treaty, Article 93 of the Treaty, Article 106(2) of the Treaty.

Please provide relevant and structured information and documentation supporting each ground of your request and specify which part of the information and documentation submitted refers to each ground.

Please also indicate whether you initiated any action at national level (administrative or judicial) and if so, the state of play.

Please put forward facts and legal arguments for each of those grounds.

… (maximum 9000 words)

  1. SUPPORTING DOCUMENTS

6.1.

Please list any documents and evidence submitted in support of your request and add annexes if necessary.

All annexes must be numbered, have clearly marked headings and be referenced in the request for internal review, as evidence of the specific factual and/or legal arguments made in your request.

6.2.

Mandatory annexes to submit to meet the eligibility requirements in Section 4:

(a) statute or by-laws of the non-governmental organisation, or any other document to the same effect following national practice in the Member States where the national law does not require or provide for a non-governmental organisation to adopt a statute or by-laws;

(b) annual activity reports of the non-governmental organisation covering the last two years;

(c) for non-governmental organisations established in countries where the fulfilment of such procedures is a prerequisite for a non-governmental organisation to obtain legal personality, a copy of the legal registration with the national authorities;

(d) any information and documentation that the Commission has previously acknowledged the non-governmental organisation as being entitled to make a request for an internal review under Regulation (EC) No 1367/2006 (the Aarhus Regulation) or paragraph [xx] of the Commission Code of Best Practices for the conduct of State aid control procedures; and a declaration by the non-governmental organisation that they continue to meet the eligibility conditions.

Note:

if any of the above-mentioned documents cannot be provided for reasons not attributable to the non-governmental organisation, the organisation may provide evidence in form of any other equivalent document.

If the documents submitted do not clearly state that the non-governmental organisation has the primary stated objective of promoting environmental protection in the context of environmental law, that it has existed for over two years and actively pursues this objective, or that the subject matter of the request for an internal review is covered by the objectives and activities of the non-governmental organisation, the organisation must submit any other document providing evidence that this criterion is met.

  1. LANGUAGE WAIVER

To speed up the processing of the request for internal review, the Commission strongly encourages the use of the language waiver below, dated and signed by the non-governmental organisation.

The undersigned, representing the requesting non-governmental organisation lodging the request for an internal review of [specify the number and the title of the State aid decision], agrees exceptionally to waive their rights deriving from Article 342 of the Treaty in conjunction with Article 3 of Regulation (EC) No 1/1958 and to have the Commission's reply adopted and notified under Article 297 of the Treaty in the English language only.

  1. PERSONAL DATA PROTECTION

This refers to the name, postal address and identity of the NGO(s) making the request, not the legal representative.

☐

I understand that this request for review can be published on the Commission website, with all personal data redacted.

☐

I opt out of the publication of my postal address on the Commission website.

☐

I opt out of the publication of my name on the Commission website.

☐

I opt out of revealing my identity to third parties.

The Commission will process your personal data in accordance with Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies. You can find more information in the applicable privacy statement.

I hereby declare that all information in this form and annexes is provided in good faith.

Place, date and signature of the requester

Metadata

Type
Forordning
År
2025
Ikrafttrædelsesdato
1. januar 1970
Commission Implementing Regulation (EU) 2025/905of 12 May 2025amending Regulation (EC) No 794/2004 as regards an internal review mechanism to follow up on the findings of the Aarhus Convention Compliance Committee in case ACCC/C/2015/128 and other procedural updates(Text with EEA relevance) | TheLawyer.sh