WORLD TRADE  
ORGANIZATION   
G/SCM/Q2/EU/16/Suppl.1 
4 July 2012 
 (12-3571) 
Committee on Subsidies and 
Countervailing Measures Original:   English/ 
 French 
 
 
 
SUBSIDIES 
 
Follow-up Replies to Questions  Posed by the UNITED STATES1 Regarding the 
New and Full Notification of the EUROPEAN UNION2 
 
Supplement 
 
 
 The following communication, dated 13 June 2012,  is being circulated at the request of the 
delegation of the European Union.  
_______________ 
 
 European Union 
 Question 1 
 
Aid for Energy Crops 
  Could the EU please provide information on the extent to which its Member States have 
availed themselves of the authorization to pay national aid for establishing permanent crops 
under this programme?  Also, could the EU please  provide information on the crops grown on 
the hectares eligible for this programme, specifi cally the types of crops grown and the relative 
amount grown of each? 
 
Reply 
 
 The use by EU Member States of the national aid under Article 90a of the 
Regulation (EC) 1782/2003 has been very limited.  
 The EU does not have a breakdown of the s upport paid under this measure per crop.  
The crops receiving this payment were some cereals, oilseeds, protein crops or others as long as they 
were supplied essentially for the production of the en ergy products as specified in article 88 of 
Regulation 1782/2003.  We remind the United States th at in line with the information notified this 
payment was abolished as a result of the 2008 Health Check of the CAP. 
                                                      
1 G/SCM/Q2/EU/10. 
2 G/SCM/N/220/EEC, G/SCM/N/220/EEC.Add.2, G/SCM/N/220/EEC/Add.3, G/SCM/N/220/EEC/Add.4, 
G/SCM/N/220/EEC/Add.5, G/SCM/N/220/EEC/Add.6, G/SCM/N/220/EEC/Add.7, G/SCM/N/220/EEC/Add.8, 
G/SCM/N/220/EEC/Add.9, G/SCM/N/220/EEC/Add.10, G/SCM/N/220/EEC/Add.12, G/SCM/N/220/EEC/Add.13, 
G/SCM/N/220/EEC/Add.14, G/SCM/N/220/EEC/Add.15, G/SCM/N/220/EEC/Add.16, G/SCM/N/220/EEC/Add.18, 
G/SCM/N/220/EEC/Add.19, G/SCM/N/220/EEC/Add.20, G/SCM/N/220/EEC/Add.21, G/SCM/N/220/EEC/Add.23, 
G/SCM/N/220/EEC/Add.26. G/SCM/Q2/EU/16/Suppl.1 
Page 2 
 
 
  Belgium 
 
Question 2 
 
Decree of 3 July 2008 on Support for Research, Development and Innovation in the Walloon 
Region 
 
 Please explain exactly what form of aid is being provided to the beneficiaries of this 
programme (e.g. tax exemptions, preferential loans, grants etc.).  Belgium states that the aid is 
"not granted automatically, but depends on an a ssessment of the quality of the project".  Please 
provide more details regarding the e ligibility criteria under this programme. 
 
Reply 
 
 Companies may receive either repayable a dvances or subsidies, while public research 
institutions, university units, units in higher e ducation institutes, and accredited research centres may 
receive subsidies.  
 Beneficiaries of these programmes may be gran ted either subsidies or repayable advances. 
  By definition, subsidies are non-repayable, while advances are repayable with interest. 
 
 Repayable advances:  where the beneficiary makes use of the results of the research, 
repayment depends on the success of the research project in re lation to the favourable outcome 
defined, notably in terms of commercial objectives,  and is capped at twice the amount of the aid 
received, including interest. 
 
 Where the beneficiary decides not to make use of the project's results, it is fully exempted 
from repaying the advance providing that the following two requirements are met: 
 
1. It must set forth the reasons for its decision in a written communication to the 
Government, explaining the failure of the project in relation to the technical and 
commercial objectives defined in the contr actual provisions relating to the project, 
which link it to the Walloon region; 
 
2. it must transfer the real rights over the pr oject's results to the Walloon region or to any 
entity designated by the region. 
 
 Should these requirements not be met, the bene ficiary must repay the Walloon region the total 
amount received as the advance, without interest.  In this case, the payments are settled and the 
beneficiary is exempted from repayment of the balance. 
 
 In order to determine their eligibility for aid,  a subsidy or a repayable advance, research 
projects are analysed on the basis of the following criteria: 
 
 Innovative nature 
 Quality, technical feasibility and relevance 
 Promotion of innovation 
 The environment  G/SCM/Q2/EU/16/Suppl.1 
 Page 3 
 
 
  For companies, three additional criteria are analysed: 
 
 The financial soundness of the company 
 The level of evident risk involved in the project 
 The incentive effect of the aid 
 
For public research bodies, university units, and un its in institutes of higher education, an 
additional criterion is examined which concerns th e level of excellence and the experience of the 
researchers/research unit in the field or fields covered by the project. 
  For accredited research centres, an additional crite rion is examined which pertains to the level 
of excellence and the experience of the accredited resear ch centre in the field or fields covered by the 
project.  Question 3 
 
De Minimis  Funding 
 
 According to publically available information3, it is our understanding that Belgium was 
permitted to provide " de minimis " funding to its fisheries sector (up to €30,000 per company 
over a period of three fiscal years).  Please describe the programmes under which funds are 
provided and, if any of the programmes have not been notified, please explain why. 
 
Reply 
 
 As mentioned in the EU's legi slation governing the so called " de minimis " aid 
(Council Regulation (EC) No. 875/2007 of 24 July 2007, individual EU Member States can provide 
small amounts of aid to their fishing and aquaculture  industries.  This aid concerns modest amounts 
(a maximum of €30,000 per company, over a period of three years), it cannot exceed 2.5 per cent of 
the total production value of the fisheries sector in a given Member State and it is subject to an overall 
EU ceiling, broken down, in turn, into individual ceilings per Member State. 
 
 The programmes for which individual Member States can provide aid under the " de minimis " 
regime are similar to those existing under the EU 's Common Fisheries Policy and its two notified 
funding schemes, i.e. the Europ ean Fisheries Fund (EFF) and the Common Organisation of Markets 
(see EU's notification).  Furthermore the follo wing type of aid is excluded from these small 
programmes: 
 
- Aid of an amount that is fixed on the basis of price or quantity of products put on the 
market; 
- aid favouring export-related activities; - aid contingent upon the use of domestic over imported goods; 
- aid granted to undertakings in difficulty with a view to their rescuing or their 
restructuring; 
- aid serving to increase fishing capacity; 
- aid for the purchase or construction of fishing vessels. 
                                                      
3 Commission Regulation (EC) 875/2007 on the application of Articles 87 and 88 of the EC Treaty to 
de minimis  aid in the fisheries sector and amending Regulation (EC) 1860/2004, Official Journal, L 193/6. G/SCM/Q2/EU/16/Suppl.1 
Page 4 
 
 
   The modest amounts that can be provided, the similarity of objectives with the EU's notified 
programmes and the marginal, if at all, effects of  the aid on the EU's net importer position might not 
warrant an individual notification by the EU Member State concerned.  France 
 Question 1 
 
Tax credit to promote research 
  Please provide a list of the industry sectors that received tax credits under this 
programme during the reporting period. 
 
Reply 
 
 The purpose of the research tax credit (CIR), wh ich was created in 1983 and reformed within 
the framework of the Finance Law of 2008, is to enhance private research in view of the highly 
positive impact that research and developm ent (R&D) has on the economy in terms of 
competitiveness, investment, job creation and po sitive externalities for the nation as a whole. 
  The CIR is a horizontal fiscal mechanism.  Pursuant to the provisions of Article 244 quater  B 
of the General Tax Code, it is available to all enterprises that meet the eligibility requirements, 
whatever their field of activity or size.  
 In 2009, 2010 and 2011, the companies be nefiting from the CIR were engaged in the 
following fields of activity:
4 
 
FIELDS OF ACTIVITY OF CIR BENEFICIARY COMPANIES IN 2009, 2010 AND 2011 
Agriculture, forestry and fishing 
Manufacturing 
Mining;  production and distribution of electricity, gas, steam and air-conditioning;  production and 
distribution of water;  sewerage, waste management and remediation 
Construction 
Trade;  car and motorcycle repair 
Transport and storage 
Accommodation and food services 
Information and communication 
Financial and insurance activities 
Real estate activities 
Scientific and technical activities;  administrative and support service activities 
Public administration;  teaching;  human health and social welfare 
Other service activities  
 
                                                      
4 According to the French classification of activities (NAF).  G/SCM/Q2/EU/16/Suppl.1 
 Page 5 
 
 
  Question 2 
 
National Research Agency (ANR) 
 
 The notification states that there were 49 calls for projects under this programme 
in 2010.  Please explain the purpose of these project calls.  Do the project calls prescribe the type 
of research that will be funded?  If so, please provide a list of the projects.  
Reply 
  The 49 calls for projects, funded by the Ag ency in 2010 with a view to supporting the 
implementation of research projects, were the following: 
 
Chairs of Excellence Programme 
Blanc Programme 
Blanc International Programme 
Call for French-German projects in social sciences and humanities (SSH) 
SSH:  Quadrilateral 
Haiti Aid Programme 2010  
Information and Communication Sciences and Technologies (ICST) - Nano bilateral JST-ANR 
ICST - G-8 Research on exascale co mputing for global scale issues 
Young researchers and the ERC 
Postdoctoral Return Programme 
Transnational Programme in Nanomedicine (ERAnet EURONANOMED):  Call for transnational projects on 
nanomedicine 
Transnational Programme "Prevention, diagnosis, treatment and monitoring of infectious diseases in humans" 
(ERAnet PATHOGENOMICS):  Transnational programme on infectious diseases 
Transnational Programme on Neurological and Ps ychiatric Diseases (ERAnet NEURON):  Call for 
transnational projects on neurodegenerative diseases within the ERAnet NEURON framework 
Transnational Programme on Priority Medicines for Children (ERAnet PRIOMEDCHILD):  Improvement of 
medicinal paediatric treatments 
Transnational Programme on Infectious and Emergi ng Diseases of Animals (ERAnet EMIDA):  Call for 
transnational projects on infectious  and emerging animal diseases 
Biotechnology:  BIOTECS 
Biotechnology:  Stem cells 
Technologies for Health and Autonomy 
Contaminants, Ecosystems and Health (CES) 
Transnational Programme in Ambient Assisted Living (AAL169) 
Integrated Mechanisms of Inflammation (MI2)  
Alzheimer's disease (MALZ) 
Research Programme on Public Health (PRSP) 
Food and Food industries (ALIA) 
Ecosystems, Territories, Living Resources and Agriculture (Systerra) 
Genomics and Plant Biotechnologies 
Bioenergies (BIO-E) 
Hydrogen and Fuel Cells (H-PAC) 
Innovative Storage of Energy (Stock-E) 
Land Transportation Vehicles (VTT) G/SCM/Q2/EU/16/Suppl.1 
Page 6 
 
 
  Energy Efficiency and Reduction of CO2 in Industrial Systems (EESI) 
Smart Building and Solar Photovoltaic (HABISOL) 
Sustainable Cities 
Sustainable Production and Environmental Technologies (ECOTECH) 
Global Environmental Changes (CEP) 
Embedded Systems and Large Infrastructures (ARPEGE) 
Future Networks and Services (VERSO) 
Content and Interactions (CONTINT) 
Content and Interactions (CAROTTE)/benchmark challenge 
Design and Simulation (COSINUS) 
Nanotechnologies, Nanosystems (P2N)  
Basic technological research (RTB) 
The South ( Les Suds )  
Creation:  Processes, Ac tors, Objects, Contexts 
Space and Territory 
Functional Materials and Innovative Processes (MatetPro) 
Concepts, Systems and Tools for Global Security (CSOSG)  
Sustainable Chemistry, Industry, Innovation (CD2I)  
Programme for the emergence of projects with high valorisation potential 
 
Question 3 
 
Fund for Enterprise Competitiveness (FCE) 
  Please explain what is meant by "strategic" projects that are funded under this programme.  Please also provide information regarding the number of enterprises and the 
industry sectors that received funding under this programme during the reporting period.  
Are non-EU enterprises eligible for funding under this programme? 
 
Reply 
  The strategic projects financed by the Fund for Enterprise Competitiv eness are research and 
development projects conducted by an enterp rise outside the collaborative framework of 
competitiveness clusters.  These projects are of particul ar interest in terms of the acquisition of new 
knowledge and the structuring of research.  They are multi-sectoral.  
 Between 2009 and 2010, 2,475 entities benefitted from this aid scheme. 
  The scheme is open to non-EU enterprises that meet the eligibility requirements. 
  G/SCM/Q2/EU/16/Suppl.1 
 Page 7 
 
 
  Question 4 
 
OSEO Innovation Aid Scheme for Research, Development and Innovation (RDI) 
 
 Please provide information regarding th e number of enterprises and the industry 
sectors that received funding under this programme during the reporting period.  Are non-EU 
enterprises eligible for funding under this programme?  
Reply 
  The measure is multi-sectoral.  
 Between 2009 and 2010, 6,937 projects in all sectors of ac tivity benefitted from this aid 
scheme.  
 The scheme is open to non-EU enterprises that meet the eligibility requirements. 
 
Question 5 
 
Industrial Innovation Agency Aid for Industr ial Innovation Promotion Programmes (PMII) 
 
 What are the criteria used to determine if a product qualifies as "new high-technology" under the programme?  Please also provide information regarding the number of enterprises and the industry sectors that received funding under this programme during the reporting 
period.  Are non-EU enterprises elig ible for funding under this programme? 
 Reply 
 
 The funding of industrial innovation promotion programmes is applicable exclusively to the 
various stages of applied R&D.  New high-technol ogy products are therefore products resulting from 
R&D work that represents a departure from the stat e of the art.  Such departures are verified by 
external experts during the examination of the related files.  The measure is multi-sectoral. 
 
 Between 2009 and 2010, 212 enterprises and laboratories in all sectors of activity benefited 
from this aid scheme. 
 
 The scheme is open to non-EU enterprises that meet the eligibility requirements. 
 Question 6 
 
Aid to Research Institutions in the Civil Aviation Sector 
  Is the research funded under this prog ramme made available to the public? 
 
Reply 
 
 Yes. G/SCM/Q2/EU/16/Suppl.1 
Page 8 
 
 
  Question 7 
 
Civil Aviation Research 
 
 Is funding under this programme provided to  manufacturers or their suppliers of large 
civil aircraft? 
 
Reply 
 
 Funding under this programme may be granted to large, medium-sized or small enterprises 
and to public bodies, i.e. manufacturers of aircraft a nd engines, their suppliers (tier 1 or above), and 
any other public or private operator engaged in r esearch and development activities in the field of 
sustainable air transport development. 
 
Question 8 
 
 According to publically available information5, France provides State aid to small and 
medium-sized enterprises active in the pro duction, processing and marketing of fisheries 
products.  Please explain why this programme wa s not notified pursuant to Article 25 of the 
SCM Agreement. 
 
 Aid awarded to the Groupement de Défense Sanitaire Aquacole 
d'Aquitaine (GDSAA);  Contrat de Projets État-Région (CPER) Aquitaine 2007-2013 
 
Reply 
 
 The question asked concerns aid granted by a number of EU Member States under the so 
called "block exemption" regulation6 covering State aid to small and medium-sized 
enterprises (SMEs) active in the production, pro cessing and marketing of fisheries products.  Under 
this regulation the EU Commission can declare, in accordance with Article 87 of the Treaty, that 
under certain conditions, aid to small and medium-si zed enterprises (SMEs) is compatible with the 
EU's common market and not subject to the notifi cation requirement of Article 88(3) of the Treaty. 
 
 Aid provided by EU Member States under the aforementioned regulation must comply with 
the rules of the Common Fisheries Policy and ha ve similar mechanisms and objectives as the 
two notified EU funding schemes of this policy, i. e. the European Fisheries Fund (EFF) and the 
Common Organisation of Markets (see recitals 23 and 24 of Commission Regulation (EC) 
No. 736/2008). 
  The limited amounts that can be provided under this "block exemption", the similarity of 
objectives with the EU's notified programmes and the marg inal, if at all, effects of the aid on the EU's 
net importer position might not warrant an individual notification by the EU Member State concerned 
of these programmes.  Nevertheless, it should be  noted that some of the programmes for which 
questions have been asked could have been  included in previous EU notifications. 
 
                                                      
5 http://ec.europa.eu/fisheries/state_aid/bl ock_exemption_information/xf14_2009_en.pdf  
6 Commission Regulation (EC) No. 736/2008 of 22 July 2008 on the application of Articles 87 and 88 
of the Treaty to State aid to small and medium-sized  enterprises active in the production, processing and 
marketing of fisheries products.  G/SCM/Q2/EU/16/Suppl.1 
 Page 9 
 
 
   Detailed information on aid provided by EU Member States, under the so called "block 
exemption", is available on the EU Commission's "Fisheries" web pages.7 
  This information can also be found, in the EU's  official languages thus including in English, 
French and Spanish, in the Official J ournal of the European Union (C-Series)
8 under the heading 
"Summary information communicated by Member States on State aid granted in accordance with 
Commission Regulation (EC) No. 736/2008 on the application of Articles 87 and 88 of the EC Treaty 
to State aid to small and medium-sized enterpri ses active in the production, processing and marketing 
of fisheries products". 
 
 Finally, further information on these programmes can be obtained from the EU Commission's "State Aid Register".  This Register
9 contains information on all cases that have been the object of a 
European Commission decision since 1 January 20 00, including those covered under the "block 
exemption" regulation.  Question 9 
 
State Aid Funding 
 
 According to publically available information10, it is our understanding that France 
provided €88,000,000 in State aid to  support its fishery industry for, inter alia , natural disaster, 
tax relief, labour-related costs for EU vessels fishing for tuna or tuna-like species outside 
EU waters and for marketing of fishery produc ts from the EU's outermost regions.  Please 
describe the programmes under which these funds a re provided and, if any of the programmes 
have not been notified, please explain why.  Reply 
 
 The question relates to State aid granted by a number of EU Member States to the fisheries 
and aquaculture sector. 
  As a rule, Member States have to notify  the EU Commission on any State aid scheme they 
wish to put in place, and may not implement the sch eme before the EU Commission has declared that 
it complies with the EU Treaty.  (See Article 2 of Council Regulation (EC) No. 659/1999 of 22 March 1999 and Article 2 of Commission Regulation (EC) No. 794/2004 of 21 April 2004.) 
 
 Furthermore, State aid granted by Member Stat es to fisheries and aquaculture is only justified 
if it is in accordance with the objectives of th e EU's Competition Policy and those of the Common 
Fisheries Policy. 
  The fact that no period (year) has been indicat ed for the amounts mentioned in the questions 
to the Member States concerned makes it difficu lt to trace back the programmes to which these 
amounts would relate.  Note that, because some of the programmes run over a number of years, it 
cannot be excluded that they were part of a previous notification. 
  Nonetheless, detailed information on the programmes that have been notified to 
EU Commission by EU Member States can be obtained from the EU Commission's "State Aid 
Register".  This Register contains informa tion on all cases that have been the object of a 
                                                      
7 http://ec.europa.eu/fisherie s/state_aid/index_en.htm  
8 http://eur-lex.europa.eu  
9 http://ec.europa.eu/competition/state_aid/register  
10 http://ec.europa.eu/competition/state_ aid/studies_reports/expenditure.html  G/SCM/Q2/EU/16/Suppl.1 
Page 10 
 
 
  European Commission decision since 1 January 2000.  This Register can be consulted at the following 
web page:  http://ec.europa.eu/competition/state_aid/register.  
 
Question 10 
 
De Minimis  Funding 
 
 According to publically available information11, it is our understanding that France was 
permitted to provide " de minimis " funding to its fisheries sector (up to €30,000 per company 
over a period of three fiscal years).  Please de scribe the programmes under which these funds 
were provided and, if any of the programmes have not been notified, please explain why. 
 Reply 
 
 As mentioned in the EU's legislation governing the so called " de minimis " aid (Council 
Regulation (EC) No. 875/2007 of 24 July 2007, individual EU Member States can provide small 
amounts of aid to their fishing and aquaculture i ndustries.  This aid concerns modest amounts 
(a maximum of €30,000 per company, over a period of three years), it cannot exceed 2.5 per cent of 
the total production value of the fisheries sector in a given Member State and it is subject to an overall 
EU ceiling, broken down, in turn, into individual ceilings per Member State. 
 
 The programmes for which individual Member States can provide aid under the " de minimis " 
regime are similar to those existing under the EU 's Common Fisheries Policy and its two notified 
funding schemes, i.e. the Europ ean Fisheries Fund (EFF) and the Common Organisation of Markets 
(see EU's notification).  Furthermore the follo wing type of aid is excluded from these small 
programmes: 
 
 Aid of an amount that is fixed on the basis of price or quantity of products put on the 
market; 
 aid favouring export-related activities; 
 aid contingent upon the use of  domestic over imported goods; 
 aid granted to undertakings in difficulty with a view to their rescuing or their 
restructuring; 
 aid serving to increase fishing capacity; 
 aid for the purchase or construction of fishing vessels. 
 
 The modest amounts that can be provided, the similarity of objectives with the EU's notified 
programmes and the marginal, if at all, effects of  the aid on the EU's net importer position might not 
warrant an individual notification by the EU Member State concerned. 
 
                                                      
11 Commission Regulation (EC) 875/2007 on the application of Articles 87 and 88 of the EC Treaty to 
de minimis  aid in the fisheries sector and amending Regulation (EC) 1860/2004, Official Journal, L 193/6.  G/SCM/Q2/EU/16/Suppl.1 
 Page 11 
 
 
  Lithuania 
 
Question 3  
 According to publically available information
12, Lithuania provides State aid to small and 
medium-sized enterprises active in the pro duction, processing and marketing of fisheries 
products.  Could the EU please explain why this programme was not notified pursuant to 
Article 25 of the SCM Agreement? 
 Reply 
 
 The question asked concerns aid granted by a number of EU Member States under the so 
called "block exemption" regulation13 covering state aid to small and medium-sized enterprises 
(SMEs) active in the production, processing and marketing of fisheries products.  Under this regulation the EU Commission can declare, in accord ance with Article 87 of the Treaty, that under 
certain conditions, aid to small and medium-sized enterprises (SMEs) is compatible with the EU's 
common market and not subject to the notification requirement of Article 88(3) of the Treaty.  
 Aid provided by EU Member States under the aforementioned regulation must comply with 
the rules of the Common Fisheries Policy and ha ve similar mechanisms and objectives as the 
two notified EU funding schemes of this policy, i. e. the European Fisheries Fund (EFF) and the 
Common Organisation of Markets (see recitals 23 and 24 of Commission Regulation (EC) 
No. 736/2008).  
 The limited amounts that can be provided under this "block exemption", the similarity of 
objectives with the EU's notified programmes and the marg inal, if at all, effects of the aid on the EU's 
net importer position might not warrant an individual notification by the EU Member State concerned 
of these programmes.  Nevertheless, it should be  noted that some of the programmes for which 
questions have been asked could have been  included in previous EU notifications. 
 
 Detailed information on aid provided by EU Member States, under the so called "block 
exemption", is available on the EU Commission's "Fisheries" web pages.
14 
 
 This information can also be found, in the EU's  official languages thus including in English, 
French and Spanish, in the Official Jo urnal of the European Union (C-Series)15 under the heading 
"Summary information communicated by Member States on State aid granted in accordance with 
Commission Regulation (EC) No. 736/2008 on the application of Articles 87 and 88 of the EC Treaty to State aid to small and medium-sized enterpri ses active in the production, processing and marketing 
of fisheries products". 
  Finally, further information on these programmes can be obtained from the EU Commission's 
"State Aid Register".  This Register
16 contains information on all cases that have been the object of a 
European Commission decision since 1 January 20 00, including those covered under the "block 
exemption" regulation. 
 
                                                      
12 http://ec.europa.eu/fisheries/state_aid/bl ock_exemption_information/xf8_2010_en.pdf  
13 Commission Regulation (EC) No. 736/2008 of 22 July 2008 on the application of Articles 87 and 88 
of the Treaty to State aid to small and medium-sized  enterprises active in the production, processing and 
marketing of fisheries products. 
14 http://ec.europa.eu/fisherie s/state_aid/index_en.htm  
15 http://eur-lex.europa.eu/  
16 http://ec.europa.eu/competition/state_aid/register  G/SCM/Q2/EU/16/Suppl.1 
Page 12 
 
 
  Malta 
 
Question 6 
 
De Minimis  Funding 
 
According to publically available information17, it is our understanding that Malta was 
permitted to provide " de minimis " funding to its fisheries sector (up to €30,000 per company 
over a period of three fiscal years).  Please de scribe the programmes under which these funds 
are provided and, if any of the programmes have not been notified, please explain why.  
Reply 
  As mentioned in the EU's legislation governing the so called " de minimis " aid (Council 
Regulation (EC) No. 875/2007 of 24 July 2007, individual EU Member States can provide small 
amounts of aid to their fishing and aquaculture i ndustries.  This aid concerns modest amounts 
(a maximum of €30,000 per company, over a period of three years), it cannot exceed 2.5 per cent of the total production value of the fisheries sector in a given Member State and it is subject to an overall 
EU ceiling, broken down, in turn, into individual ceilings per Member State. 
  The programmes for which individual Member States can provide aid under the " de minimis " 
regime are similar to those existing under the EU 's Common Fisheries Policy and its two notified 
funding schemes, i.e. the Europ ean Fisheries Fund (EFF) and the Common Organisation of Markets 
(see EU's notification).  Furthermore the follo wing type of aid is excluded from these small 
programmes: 
 
- Aid of an amount that is fixed on the basis of price or quantity of products put on the 
market; 
- aid favouring export-related activities; 
- aid contingent upon the use of domestic over imported goods; 
- aid granted to undertakings in difficulty with a view to their rescuing or their 
restructuring; 
- aid serving to increase fishing capacity; 
- aid for the purchase or construction of fishing vessels. 
 
 The modest amounts that can be provided, the similarity of objectives with the EU's notified 
programmes and the marginal, if at all, effects of  the aid on the EU's net importer position might not 
warrant an individual notification by the EU Member State concerned. 
 
                                                      
17 Id.  G/SCM/Q2/EU/16/Suppl.1 
 Page 13 
 
 
  Portugal 
 
Question 1 
 
State Aid Funding 
 
 According to publically available information18, it is our understanding that Portugal 
provided €4 million in State aid to support its fishery industry for, inter alia , natural disaster, 
tax relief, labour-costs for EU vessels fishing for tuna or tuna-like species outside EU waters and 
for marketing of fishery products from EUs outermost regions.  Please describe the 
programmes under which these funds were provided and, if any of the programmes have not 
been notified, please explain why. 
 
Reply 
 
 The questions asked relate to State aid grante d by a number of EU Member States to the 
fisheries and aquaculture sector.  
 As a rule, Member States have to notify  the EU Commission on any State aid scheme they 
wish to put in place, and may not implement the sch eme before the EU Commission has declared that 
it complies with the EU Treaty.  (See Article 2 of Council Regulation (EC) No. 659/1999 of 
22 March 1999 and Article 2 of Commission Regul ation (EC) No. 794/2004 of 21 April 2004). 
  Furthermore, State aid granted by Member Stat es to fisheries and aquaculture is only justified 
if it is in accordance with the objectives of th e EU's Competition Policy and those of the Common 
Fisheries Policy. 
 
 The fact that no period (year) has been indicat ed for the amounts mentioned in the questions 
to the Member States concerned makes it difficu lt to trace back the programmes to which these 
amounts would relate.  Note that, because some of the programmes run over a number of years, it 
cannot be excluded that they were part of a previous notification.  
 Nonetheless, detailed information on the programmes that have been notified to 
EU Commission by EU Member States can be obtained from the EU Commission's "State Aid Register".  This Register contains information on all cases that have been the object of a European 
Commission decision since 1 January 2000.  This Register can be consulted at the 
following web page:  http://ec.europa.eu/competition/state_aid/register . 
 
                                                      
18 http://ec.europa.eu/competition/state_ aid/studies_reports/expenditure.html  G/SCM/Q2/EU/16/Suppl.1 
Page 14 
 
 
  Question 2 
 
De Minimis  Funding 
 
 According to publically available information19, it is our understanding that Portugal 
was permitted to provide " de minimis " funding to its fisheries sector (up to €30,000 per 
company over a period of three fiscal years) .  Please describe the programmes under which 
these funds were provided and, if any of the pr ogrammes have not been notified, please explain 
why. 
 
Reply 
 
 As mentioned in the EU's legislation governing the so called " de minimis " aid (Council 
Regulation (EC) No. 875/2007 of 24 July 2007, individual EU Member States can provide small 
amounts of aid to their fishing and aquaculture i ndustries.  This aid concerns modest amounts 
(a maximum of €30,000 per company, over a period of three years), it cannot exceed 2.5 per cent of 
the total production value of the fisheries sector in a given Member State and it is subject to an overall 
EU ceiling, broken down, in turn, into individual ceilings per Member State. 
 
 The programmes for which individual Member States can provide aid under the " de minimis " 
regime are similar to those existing under the EU 's Common Fisheries Policy and its two notified 
funding schemes, i.e. the Europ ean Fisheries Fund (EFF) and the Common Organisation of Markets 
(see EU's notification).  Furthermore the following type of aid is excluded from these small programmes: 
 
- Aid of an amount that is fixed on the basis of price or quantity of products put on the 
market; 
- aid favouring export-related activities; - aid contingent upon the use of domestic over imported goods; 
- aid granted to undertakings in difficulty with a view to their rescuing or their 
restructuring; 
- aid serving to increase fishing capacity; 
- aid for the purchase or construction of fishing vessels. 
 The modest amounts that can be provided, the similarity of objectives with the EU's notified 
programmes and the marginal, if at all, effects of  the aid on the EU's net importer position might not 
warrant an individual notification by the EU Member State concerned. 
 
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19 Commission Regulation (EC) 875/2007 on the application of Articles 87 and 88 of the EC Treaty to 
de minimis  aid in the fisheries sector and amending Regulation (EC) 1860/2004, Official Journal, L 193/6.