2004R0794 — EN — 14.04.2008 — 003.001

This text is meant purely as a documentation tool and has no legal effect. The Union's institutions do not assume any liability for its contents. The authentic versions of the relevant acts, including their preambles, are those published in the Official Journal of the European Union and available in EUR-Lex. Those official texts are directly accessible through the links embedded in this document

Amended by:





Corrected by:









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COMMISSION REGULATION (EC) No 794/2004

of 21 april 2004

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







CHAPTER I

SUBJECT MATTER AND SCOPE

Article 1

Subject matter and scope

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

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







CHAPTER II

NOTIFICATIONS

Article 2

Notification forms

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

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

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

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Article 3

Transmission of notifications

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

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

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

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

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

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

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

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

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

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Article 4

Simplified notification procedure for certain alterations to existing aid

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

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

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

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

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

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

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







CHAPTER III

ANNUAL REPORTS

Article 5

Form and content of annual reports

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

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

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

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

Article 6

Transmission and publication of annual reports

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

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

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

Article 7

Status of annual reports

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







CHAPTER IV

TIME-LIMITS

Article 8

Calculation of time-limits

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

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

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

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

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

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







CHAPTER V

INTEREST RATE FOR THE RECOVERY OF UNLAWFUL AID

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Article 9

Method for fixing the interest rate

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

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

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

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

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

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Article 10

Publication

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

Article 11

Method for applying interest

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

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

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

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CHAPTER VI

FINAL PROVISIONS

Article 12

Review

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

Article 13

Entry into force

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

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

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

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

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

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









ANNEX I

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PART III.12

INFORMATION SHEET FOR AGRICULTURE

Please note that this State aid notification form only applies to activities related to the production, processing and marketing of agricultural products as defined in point 6 of the Community Guidelines for State aid in the agriculture and forestry sector 2007 to 2013 ( 4 ). Please note that the specific State aid rules for agriculture do not apply to measures related to the processing of Annex I products into non-Annex I products. For such measures you should complete the relevant notification form.

1. Products covered

1.1. Does the measure apply to any of the following products which are not yet subject to a common market organisation:  potatoes other than starch potatoes;  horsemeat;  coffee;  cork;  vinegars derived from alcohol;  the measure does not apply to any of these products.

2. Incentive effect

A. Aid schemes

2.1. Will aid under an aid scheme only be granted in respect of activities undertaken or services received after the aid scheme has been set up and declared compatible with the EC Treaty by the Commission?



 yes  no If no, please refer to point 16 of the Guidelines.

2.2. If the aid scheme creates an automatic right to receive the aid, requiring no further administrative action at administrative level, may the aid itself only be granted for activities undertaken or services received after the aid scheme has been set up and declared compatible with the EC Treaty by the Commission?



 yes  no If no, please refer to point 16 of the Guidelines.

2.3. If the aid scheme requires an application to be submitted to the competent authority concerned, may the aid itself only be granted for activities undertaken or services received after the following conditions have been fulfilled: a) the aid scheme must have been set up and declared compatible with the EC Treaty by the Commission; b) an application for the aid must have been properly submitted to the competent authority concerned; c) the application must have been accepted by the competent authority concerned in a manner which obliges that authority to grant the aid, clearly indicating the amount of aid to be granted or how this amount will be calculated; such acceptance by the competent authority may only be made if the budget available for the aid or aid scheme is not exhausted?



 yes  no If no, please refer to point 16 of the Guidelines.

B. Individual aids:

2.4. Will individual aid outside any scheme only be granted in respect to activities undertaken or services received after the criteria in point 2.3 (b) and (c) above have been satisfied?



 yes  no If no, please refer to point 16 of the Guidelines.

C. Compensatory aids:

2.5. Is the aid scheme compensatory in nature?



 yes  no If yes, points A and B above do not apply.

3. Type of aid

What type(s) of aid does the planned measure include:

RURAL DEVELOPMENT MEASURES

A. Aids for investments in agricultural holdings

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

C. Agri-environmental and animal welfare aid

C bis. Nature 2000 payments and payments linked to Directive 2000/60/EC ( 5 )

D. Aid to compensate for handicaps in certain areas

E. Aid for meeting standards

F. Aid for the setting up of young farmers

G. Aid for early retirement or for the cessation of farming activities

H. Aid for producer groups

I. Aid for land re-parcelling

J. Aid to encourage the production and marketing of quality agricultural products

K. Provision of technical support in the agricultural sector

L. Aid for the livestock sector

M. Aid for the outermost regions and the Aegean Islands

RISK AND CRISIS MANAGEMENT

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

O. Aid for combating animal and plant diseases

P. Aid towards the payment of insurance premiums

Q. Aid for closing production, processing and marketing capacity

OTHER AIDS

R. Aid for advertising of agricultural products

S. Aid linked to tax exemptions under directive 2003/96/EC ( 6 ),

T. Aids for the forestry sector

PART III.12.A

SUPPLEMENTARY INFORMATION SHEET ON SUPPORT FOR INVESTMENTS IN AGRICULTURAL HOLDINGS

This information sheet relates to investments in agricultural holdings discussed in point IV.A of the Community Guidelines for State aid in the agriculture and forestry sector 2007 to 2013 ( 7 ).

1. Objective of the aid

1.1. Which of the following objectives does the investment pursue?  Reduce production costs;  Improve and redeploy production;  Increase quality;  Preserve and improve the natural environment, comply with animal hygiene and standards;  Promote the diversification of farm activities;  Other (please specify): If the investment pursues other aims, please note that only investments pursuing one or more of the objectives listed above are eligible for support for investments in agricultural holdings.

1.2. Does the aid concern simple replacement investments?



 yes  no If yes, please note that simple replacement investments are not eligible for support for investments in agricultural holdings.

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



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

2. Beneficiaries

Who are the beneficiaries of the aid?

 farmers;

 producer groups;

 other (please specify): …………

3. Aid intensity

3.1. Please state the maximum rate of public support, expressed as a percentage of eligible investment: (a) ………… in less-favoured areas or the areas referred to in Article 36(a)(i), (ii) or (iii) of Regulation (EC) No 1698/2005 ( 8 ) (max. 50 %); (b) ………… in other regions (max. 40 %); (c) ………… for young farmers in less-favoured areas or the areas referred to in Article 36(a)(i), (ii) or (iii) of Regulation (EC) No 1698/2005, carrying out the investment within five years of setting up (max. 60 %); d) ………… for young farmers in other areas, carrying out the investment within five years of setting up (max. 50 %); (e) …………. in the outermost regions and on the smaller Aegean islands within the meaning of Regulation (EEC) No 2019/93 ( 9 ) (max. 75 %); (f) …………. for investments entailing extra costs linked to the preservation and improvement of the natural environment or improvements in the hygiene of livestock farms or the well-being of livestock carried out within the time-limits for transposition of the newly introduced minimum standards (max. 75 % in less-favoured areas or the areas referred to in Article 36(a)(i), (ii) or (iii) of Regulation (EC) No 1698/2005, and max. 60 % in other areas); (g) ………… for investments entailing extra costs linked to the preservation and improvement of the natural environment or improvements in the hygiene of livestock farms or the well-being of livestock carried out within three years following the date on which the investment must be authorised under Community legislation (max. 50 % in less-favoured areas or the areas referred to in Article 36(a)(i), (ii) or (iii) of Regulation (EC) No 1698/2005, and max. 40 % in other areas); (h) ………… for investments entailing extra costs linked to the preservation and improvement of the natural environment or improvements in the hygiene of livestock farms or the well-being of livestock carried out in the fourth year following the date on which the investment must be authorised under Community legislation (max. 25 % in less-favoured areas or the areas referred to in Article 36(a)(i), (ii) or (iii) of Regulation (EC) No 1698/2005, and max. 20 % in other areas); (i) ………… for investments entailing extra costs linked to the preservation and improvement of the natural environment or improvements in the hygiene of livestock farms or the well-being of livestock carried out in the fifth year following the date on which the investment must be authorised under Community legislation (max. 12,5 % in less-favoured areas or the areas referred to in Article 36(a)(i), (ii) or (iii) of Regulation (EC) No 1698/2005, and max. 10 % in other areas, (no aid can be granted for expenses incurred beyond the fifth year); (j) ………… for additional investment expenditure made by those Member States who joined the Union on 1 May 2004 and 1 January 2007 respectively, for the purposes of implementing Directive 91/676/EEC ( 10 ) (max. 75 %); (k) ………… for additional investment expenditure made for the purposes of implementing Directive 91/676/EEC and which is the subject of support under Regulation (EC) No 1698/2005 (max. 50 % in less-favoured areas or the areas referred to in Article 36(a)(i), (ii) or (iii) of Regulation (EC) No 1698/2005, and max. 40 % in other areas); (l) …………. for investments made by young farmers in order to comply with Community or national standards in force (max. 60 % in less favoured areas or the areas referred to in Article 36(a)(i), (ii) or (iii) of Regulation (EC) No 1698/2005, and max. 50 % in other areas).

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



 yes  no

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



 yes  no

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



 yes  no

4. Eligibility criteria

4.1. Is the aid limited to agricultural holdings not in difficulty?



 yes  no

4.2. Is the aid intended for the manufacture and marketing of products which imitate or substitute for milk and milk products?



 yes  no

5. Eligible expenditure

5.1. Do eligible expenses include:  construction, acquisition or improvement of immovable property;  the purchase or lease purchase of machinery and equipment, including computer software up to the market value of the asset, exclusive of costs connected with a leasing contract (tax, lessor's margin, interest refinancing costs, overheads, insurance charges etc);  overheads connected with the two previous types of expenses (for instance architect's fees, engineer's fees, expert's fees, feasibility studies, acquisition of patents and licences)?

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



 yes  no

5.3. If yes, is eligibility limited to small and medium enterprises with a low technical level and limited capital?



 yes  no

5.4. Are any of the following excluded from the aid scheme: the purchase of production rights, animals and annual plants, or the planting of annual plants?



 yes  no If no, please note that according to point 29 of the Guidelines no aid may be granted for such types of expenditure.

5.5. Is the share of purchases of land other than land for construction purposes in the eligible expenses for the planned investment limited to 10 %?



 yes  no If no, please note that this 10 % ceiling is one of the eligibility criteria to be met under point 29 of the Guidelines.

6. Aid for the conservation of traditional landscapes and buildings

6.1. Does the aid concern investments or capital works intended for the conservation of non-productive heritage features located on agricultural holdings?



 yes  no

6.1.1. If yes, what is the envisaged rate of aid (max. 100 %): …………

6.1.2. Do the eligible expenses include remuneration for the work of the farmer or his workers?



 yes  no

6.1.3. If yes, will this remuneration be limited to a maximum of EUR 10 000 per year?



 yes  no

6.1.4. If no, please give reasons for exceeding the above limit. …

6.2. Does the aid concern investments or capital works intended to conserve the heritage features of productive assets on farms?



 yes  no

6.2.1. If yes, does the investment entail any increase in the production capacity of the farm?



 yes  no

6.2.2. What are the envisaged maximum aid rates for this type of investment?  Investments without increase in capacity: Maximum rate envisaged for less-favoured areas or the areas referred to in Article 36(a)(i), (ii) or (iii) of Regulation (EC) No 1698/2005 (max. 75 %): ………… Maximum rate envisaged for other areas (max. 60 %): …………  Investments with increase in capacity: Maximum rate envisaged in cases where contemporary materials are used (max.: see point 3.1): ………… Maximum rate envisaged in cases where traditional materials are used, expressed as a percentage of the extra cost (max. 100 %): …………

7. Relocation of farm buildings in the public interest

7.1. Does the relocation result from expropriation?



 yes  no

7.2. Is the relocation justified on grounds of public interest specified in the legal basis?



 yes  no Please note that the legal basis must explain the public interest served by the relocation.

7.3. Does relocation simply consist of the dismantling, removal and re-erection of existing facilities?



 yes  no

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

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



 yes  no

7.4.1. If yes, what is the farmer's own contribution, as a percentage of the added value of the facilities after relocation?  In less-favoured areas or the areas referred to in Article 36(a)(i), (ii) or (iii) of Regulation (EC) No 1698/2005 (min. 50 %) …………  In other areas (min. 60 %) …………  Young farmers in less-favoured areas or the areas referred to in Article 36(a)(i), (ii) or (iii) of Regulation (EC) No 1698/2005 (min. 45 %) …………  Young farmers in other areas (min. 55 %)

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



 yes  no

7.5.1. If yes, what is the farmer's own contribution, as a percentage of the expenditure linked to the increase?  In less-favoured areas or the areas referred to in Article 36(a)(i), (ii) or (iii) of Regulation (EC) No 1698/2005 (min. 50 %) …………  In other areas (min 60 %) …………  Young farmers in less-favoured areas or the areas referred to in Article 36(a)(i), (ii) or (iii) of Regulation (EC) No 1698/2005 (min. 45 %) …………  Young farmers in other areas (min 55 %)

8. Other information

8.1. Is the notification accompanied by documentation demonstrating how the State aid measure is consistent with the relevant rural development programme(s) concerned?



 yes  no If yes, please provide this documentation below or in an annex to this supplementary information sheet ………… If no, please note that this documentation must be provided under point 26 of the Guidelines

8.2. Is the notification accompanied by documentation showing that support is targeted on clearly defined objectives reflecting identified structural and territorial needs and structural disadvantages?



 yes  no If yes, please provide this documentation below or in an annex to this supplementary information sheet ………… If no, please note that this documentation must be provided under point 36 of the Guidelines

PART III.12.B.

SUPPLEMENTARY INFORMATION SHEET FOR AID FOR INVESTMENTS IN CONNECTION WITH THE PROCESSING AND MARKETING OF AGRICULTURAL PRODUCTS

This notification form applies to aid investments in the processing ( 11 ) and marketing ( 12 ) of agricultural products, as dealt with in point IV.B. of the Community Guidelines for State aid in the agriculture and forestry sector 2007 to 2013 ( 13 ).

1. Scope & beneficiaries of the aid

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

1.1.1.  point IV.B.2. (a) [Commission Regulation (EC) No 70/2001 ( 14 ) or any provision replacing it]

1.1.2.  point IV.B.2. (b) [Commission Regulation (EC) No 1628/2006 ( 15 )]

1.1.3.  point IV.B.2. (c) [Commission guidelines on national regional aid for 2007 to 2013 ( 16 )]

1.1.4.  point IV.B.2. (d) [aid for intermediate companies in regions not eligible for regional aid]

1.2. Commission Regulation (EC) No 70/2001 (State aid to small and medium-sized enterprises)

Is the beneficiary a SME in the processing or marketing of agricultural products?







 yes  no

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

If yes, the aid is exempted from the obligation to notify. Please state the reasons why your authorities still would like to submit a notification. In this case, please refer to the relevant part of the general notification form (Annex I part I and III.1 of Regulation (EC) No 794/2004 ( 17 ) or any provision replacing it).

1.3. Commission Regulation for regional investment aid

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







 yes  no

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

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

1.4. Commission guidelines on national regional aid for 2007 to 2013 (17)

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







 yes  no

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

If yes, note that the assessment of such aid is to be carried out on the basis of the Guidelines on National Regional aid. Please refer to the relevant part of the general notification form (Annex of Commission Regulation (EC) No 1627/2006 ( 18 )).

1.5. Aid in regions NOT eligible for regional aid

1.5.1. Are there beneficiaries, which are SMEs?



 yes  no If yes, please refer to point 1.2. above [point IV.B.2 (a) of the Agricultural guidelines].

1.5.2. Are there beneficiaries, which are large companies (i.e. 750 employees or more and EUR 200 million turnover or more)?



 yes  no If yes, please note that the aid cannot be declared compatible with the Common Market under point IV.B.2(d) of the Agricultural guidelines.

1.5.3. Are there beneficiaries, which are intermediate companies (i.e. less than 750 employees and/or less than EUR 200 million turnover)?



 yes  no If yes, please refer to the relevant part of the general notification form (Annex of Commission Regulation (EC) No1627/2006) regarding the eligible expenses.

2. Aid intensity

2.1. If the beneficiaries are SMEs (Commission Regulation (EC) No 70/2001 or any provision replacing it): Please state the maximum aid intensity for eligible investments in:

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

2.1.2. smaller Aegean Islands ( 19 ): ………… (max. 65 %)

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

2.1.4. other regions: ………… (max. 40 %) If the rate is higher than the above ceiling, please note that the measure would not be in line with Art. 4 of Commission Regulation (EC) No 70/2001.

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

2.2.1. SMEs:

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

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

2.2.2. intermediate enterprises in the meaning of Article 28 (3) of Council Regulation No 1698/2005 ( 20 )(not SME but with less than 750 employees or less than EUR 200 million turnover):

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

2.2.2.2. regarding eligible investments in other regions eligible for regional aid: ………… (max. 20 % or maximum amount determined in the regional map approved for the Member State concerned for the period 2007 to 2013) If aid rates are higher than the above ceilings, please note that the measure would not be in line with point IV.B.2.(c)(ii) of the Agricultural Guidelines.

2.2.2.3. Do the beneficiaries fulfil all other conditions of Commission Recommendation 2003/361/EC ( 21 )?



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

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



 yes  no If yes, is the maximum aid intensity equal to or below the maximum amount determined in the regional aid map approved for the Member State concerned for the period 2007 to 2013?



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

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

2.3.1. please specify the maximum aid intensity: ………… (max. 20 %) If aid rates are higher than the above ceilings, please note that the measure would not be in line with point IV.B.2.(d) of the Agricultural Guidelines.

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



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

3. Eligibility criteria & expenses

3.1. Does the aid concern the manufacture and marketing of products which imitate or substitute milk and milk products?



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

3.2. Regarding intermediate or large companies, does the aid concern the purchase of second-hand equipment?



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

3.3. For aid for investments in regions not eligible for regional aid: Can you confirm that the eligibles expenses for investments correspond fully to the eligible expenses listed in the Commission guidelines on national regional aid for 2007 to 2013?



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



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

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



 yes  no If yes, please note that point 47 of the agricultural guidelines does not allow aid for these investments.

4. Other information

4.1. Is the notification accompanied by documentation showing that that support is targeted on clearly defined objectives reflecting identified structural and territorial needs and structural disadvantages?



 yes  no If yes, please provide that documentation hereunder or in an annex to this supplementary information sheet ………… If not, please note that this documentation is requested in conformity with point 46 of the agricultural guidelines.

4.2. Is the notification accompanied by documentation demonstrating that the State aid measure fits into and is coherent with the relevant rural development programme(s) concerned?



 yes  no If yes, please provide that documentation hereunder or in an annex to this supplementary information sheet ………… If no, please note that this documentation must be provided under point 26 of the Guidelines.

5. Individual notifications

Could the eligible investments exceed EUR 25 million or the aid amount to EUR 12 million?







 yes  no

If yes, will an individual notification be done?







 yes  no

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

PART III.12.C

SUPPLEMENTARY INFORMATION SHEET ON AGRI-ENVIRONMENTAL AND ANIMAL WELFARE AID

This form must be used for the notification of any State aid measure to support agricultural production methods designed to protect the environment and to maintain the countryside (agri-environment) or to improve animal welfare covered by point IV.C. of the Community Guidelines for State aid in the agriculture and forestry sector 2007 to 2013 ( 22 )(hereinafter called ‘the guidelines’) and articles 39 and 40 of Council Regulation (EC) No 1698/2005 ( 23 ) .

— Does the measure concern compensation to farmers who voluntarily give agri-environmental commitments (Article 39(2) of Council Regulation (EC) No 1698/2005? —



 yes  no — If yes, please refer to the part of this Supplementary Information Sheet (SIS) relating to ‘aid for agri-environmental commitments’.

— Does the measure concern compensation to farmers who voluntarily enter into animal welfare commitments (Article 40(1) of Council Regulation (EC) No 1698/2005? —



 yes  no — If yes, please refer to the part of this SIS relating to ‘aid for animal welfare commitments’

— Does the aid only concern environmental investments (point 62 of the guidelines)? —



 yes  no — If yes, please refer to SIS relating to ‘Investment aids in the agricultural sector’

— Does the environmental aid pursue other objectives such as training and advisory services to help agricultural producers (point IV.K of the guidelines)? —



 yes  no — If yes, please refer to SIS relating to point IV.K of the guidelines.

— Others? — Please provide a complete description of the measure(s) …………

— Is documentation demonstrating that the State aid fits into and is coherent with the relevant Rural Development plan attached to the notification? —



 yes  no — If yes, please provide that documentation hereunder or in an annex to this supplementary information sheet — ………… — If no, please note that this documentation is requested in conformity with point 26 of the agricultural guidelines.

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

1. Objective of the measure

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

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

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

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

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

 the use of environmental planning in farming practice. If the measure does not pursue any of the above objectives, please indicate which are the objectives aimed at in terms of environmental protection? (Please submit a detailed description) ………… ………… If the measure in question has already been applied in the past, what have been the results in terms of environmental protection? ………… …………

2. Eligibility criteria

2.1. Will the aid be granted to farmers and/or other land managers (Article 39(2) of Regulation (EC) No 1698/2005) who give agri-environmental commitments for a period of between five and seven years?



 yes  no

2.2. Will a shorter or a longer period be necessary for all or particular types of commitments?



 yes  no In the affirmative please provide the reasons justifying that period ………… …………

2.3. Please confirm that no aid will be granted to compensate for agri-environmental commitments that do not go beyond the relevant mandatory standards established pursuant to Articles 4 and 5 of, and Annexes III and IV to Regulation (EC) No 1782/2003 ( 24 ) as well as minimum requirements for fertiliser and plant protection product use and other relevant mandatory requirements established by national legislation and identified in the rural development programme.



 yes  no If no, please note that Article 39(3) of Regulation (EC) No 1698/2005 does not allow for aid for agri-environmental commitments that do not involve more than the application of these standards and requirements.

2.4. Please describe what the abovementioned standards and requirements are and explain how the agri-environmental commitments involve more than their application. ………… …………

3. Aid amount

3.1. Please specify the maximum amount of aid to be granted based on the area of the holding to which agri-environmental commitments apply:  for specialised perennial crops ………… (maximum payment of 900 EUR/ha)  for annual crops ………… (maximum payment of 600 EUR/ha)  for other land uses ………… (maximum payment of 450 EUR/ha)  local breeds in danger of being lost to farming ………… (maximum payment of 200 EUR/live stock unit)  other …………………………………………..…. If the maximum amounts mentioned are exceeded please justify the compatibility of the aid with the provisions of Article 39(4) of Regulation (EC) No 1698/2005.

3.2. Is the support measure granted annually?



 yes  no If no, please provide the reasons justifying other period ………… …………

3.3. Is the amount of annual support calculated on the basis of: — income foregone, — additional costs resulting from the commitment given, and — the need to provide compensation for transaction costs



 yes  no Explain the calculation method used in fixing the amount of support and specify the income foregone, additional costs and possible transaction costs: ……………………

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



 yes  no If no please explain the reference level taken into consideration ………… …………

3.5. Are the payments made per unit of production?



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

3.6. Do you intend to give aid for transaction costs for the continuation of agri-environmental commitments already undertaken in the past?



 yes  no

3.7. If yes, please demonstrate that such costs still continue to be incurred …………

3.8. Do you intend to give aid for the costs of non-productive investments linked to the achievements of agri-environmental commitments (non-productive investments being investments which should not lead to a net increase in farm value or profitability)?



 yes  no

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

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

1. Objective of the measure

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

 water and feed closer to their natural needs;

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

 outdoor access;

 absence of systematic mutilations, isolation or permanent tethering,

 prevention of pathologies mainly determined by farming practices and/or keeping conditions. (Please submit a detailed description) ………… ………… If the measure in question has already been applied in the past, what have been the results in terms of animal welfare? …………

2. Eligibility criteria

2.1. Will the aid be exclusively granted to farmers who give animal welfare commitments for a period of between five and seven years?



 yes  no

2.2. Will a shorter or a longer period be necessary for all or particular types of commitments?



 yes  no In the affirmative please provide the reasons justifying that period ………… …………

2.3. Please confirm that no aid will be granted to compensate for animal welfare commitments that do not go beyond the relevant mandatory standards established pursuant to Articles 4 and 5 of, and Annexes III and IV to, Regulation (EC) No 1782/2003 ( 25 ) and other relevant mandatory requirements established by national legislation and identified in the rural development programme.



 yes  no If no, please note that Article 40(2) of Regulation 1698/2005 does not allow for aid for animal welfare commitments that do not involve more than the application of these standards and requirements

2.4. Please describe what the abovementioned standards and requirements are and explain how the animal welfare commitments involve more than their application. ………… …………

3. Aid amount

3.1. Please specify the maximum amount of animal welfare aid to be granted: ………… (maximum payment of EUR 500/live stock unit) If the amount exceeds EUR 500/live stock unit, please justify its compatibility with the provisions of Article 40(3) of Regulation (EC) No 1698/2005

3.2. Is the support measure granted annually?



 yes  no If no, please provide the reasons justifying other period ………… …………

3.3. Is the amount of annual support calculated on the basis of: — income foregone, — additional costs resulting from the commitment given, and — the need to provide compensation for transaction costs ?



 yes  no Explain the calculation method used in fixing the amount of support and specify the income foregone, additional costs, possible transaction costs and possible costs of any non remunerative capital works: ………… …………

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



 yes  no If no please explain the reference level taken into consideration ………… …………

3.5. Are the payments made per livestock unit?



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

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



 yes  no

3.7. If yes, please demonstrate that such costs still continue to be incurred …………

3.8. Do you intend to give aid for the costs of non-productive investments linked to the achievements of agri-environmental commitments (non-productive investments being investments which should not lead to a net increase in farm value or profitability)?



 yes  no

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

PART III 12 Cbis

SUPPLEMENTARY INFORMATION SHEET ON AID CONCERNING NATURA 2000 PAYMENTS AND PAYMENTS LINKED TO DIRECTIVE 2000/60/EC

This form must be used by Member State to notify aids under Natura 2000 payments and payments linked to Directive 2000/60/EC ( 26 ), as dealt with in Part IV.C.3 of the Community Guidelines for State aid in the agriculture and forestry sector 2007 to 2013 ( 27 ).

1. objective of the measure

1.1. Is the measure aimed to compensate farmers for costs incurred and income foregone resulting from disadvantages in the areas concerned related to the implementation of Directives 79/409/EEC ( 28 ), 92/43/EEC ( 29 ) and 2000/60/EC?



 Yes  No

1.1.1. If no, please note that Part IV.C.3 of the Agricultural Guidelines does not allow for aid to compensate for costs other than those related to the disadvantages related to the implementation of Directives 79/409/EEC, 92/43/EEC and 2000/60/EC.

2. Eligibility criteria

2.1. Are costs incurred and income foregone resulting from disadvantages in the areas concerned related to the implementation of Directives 79/409/EEC, 92/43/EEC and 2000/60/EC?



 Yes  No

2.1.1. If yes please provide all the details concerning the relevant provisions of the Directive(s) in question ………… …………

2.1.2. If no, please note that Part IV.C.3 of the Agricultural Guidelines does not allow for aid to compensate for other costs than those resulting from disadvantages related to the implementation of Directives 79/409/EEC, 92/43/EEC and 2000/60/EC.

2.2. Are the planned compensation payments necessary to solve specific problems arising from the Directive(s)?



 Yes  No

2.2.1. If yes please explain why this measure is necessary ………… …………

2.2.2. If no, please note that according to Part IV.C.3 of the Agricultural Guidelines only payments that are necessary to solve specific problems arising from these Directives can be authorised

2.3. Is the support granted only for obligations going beyond cross compliance obligations?



 Yes  No

2.3.1. If no, please justify its compatibility with the provisions of Part IV.C.3 of the Agricultural Guidelines ………… …………

2.4. Is the support granted for obligations going beyond conditions set out by Article 5 of Council Regulation (EC) No 1782/2003 ( 30 )?



 Yes  No

2.4.1. If no, please justify its compatibility with the provisions of Part IV.C.3 of the Agricultural Guidelines ………… …………

2.5. Is the aid granted in breach of the polluter pays principle?



 Yes  No

2.5.1. If yes, please provide all elements justifying its compatibility with the provisions of Part IV.C.3 of the Agricultural Guidelines and that it is exceptional, temporary and degressive ………… …………

3. Aid amount

3.1. Please specify the maximum amount of aid, based on the utilised agricultural area (UAA):  ………… (initial maximum Natura 2000 payment for a period not exceeding five years of 500 EUR/hectare of UAA)  ………… (normal maximum Natura 2000 payment of 200 EUR/hectare of UAA)  ………… (maximum amount of support linked to Directive 2000/60/EC is fixed in accordance with the procedure referred to in Article 90(2) of Regulation (EC) No 1698/2005)

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

3.1.2. If you intend to grant a higher amount of aid, please justify its compatibility with the provisions of Part IV.C.3 of the Agricultural Guidelines and Article 38 of Regulation (EC) No 1698/2005 ( 31 ). ………… …………

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

4. Other Information

Is documentation demonstrating that the State aid fits into and is coherent with the relevant Rural Development plan attached to the notification?







 yes  no

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

…………

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

PART III.12.D

SUPPLEMENTARY INFORMATION SHEET ON AID TO COMPENSATE FOR HANDICAPS IN CERTAIN AREAS

This form must be used for the notification of aid aiming to compensate for natural handicaps in certain areas, which is dealt with in point IV.D. of the Community Guidelines for State aid in the agriculture and forestry sector 2007 to 2013 ( 32 ).

1. Questions relevant for all notifications of aid to compensate for handicaps in certain areas

1. Describe the handicap in question: ………… ………… ………… ………… ………… ………… ………… …………

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

3. If there are areas of handicaps where the average impact of handicaps per hectare of comparable farms differs, demonstrate that the level of compensatory payments is proportionate to the economic impact of the handicaps in the different areas: ………… ………… ………… ………… ………… ………… ………… …………

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



 yes  no If yes, please note that only the economic impact of permanent handicaps that lie outside of human control may be taken into account for calculating the amount of compensatory payments. Structural disadvantages open to improvement through modernisation of farms or factors like taxes, subsidies or the implementation of the CAP reform may not be taken into account. If no, explain why it is outside human control to reverse the economic impact of the permanent handicap: ………… ………… ………… Could you specify the size of the farms that will benefit from these payments? …………

5. Is the amount of compensation established by comparing the average income per hectare of farms in areas with handicaps with the income of same-sized farms producing the same products in areas without handicaps situated in the same Member State, or when a whole Member State is considered as consisting of areas with handicaps, with the income of same-sized farms in similar areas in other Member States in which the production conditions can be meaningfully compared to those in the first Member State? The income to be taken into account in this respect shall be direct income from farming and notably leave aside taxes paid or subsidies received.



 yes  no Describe how the comparison was made: ………… ………… ………… ………… ………… ………… …………

6. Is the aid measure combined with support under Articles 13, 14 and 15 of the Council Regulation (EC) No 1257/1999 ( 33 )?



 yes  no

7. Can you confirm that the total support granted to the farmer will not exceed the amount determined in accordance with Article 15 of Regulation (EC) No 1257/1999?



 yes  no Specify the amount …………………………………………………….. If no, please note that, according to point 72 of the Agricultural Guidelines, the maximum aid that can be granted in the form of compensatory allowance cannot exceed the above amount.

8. Does the measure provide that the following eligibility criteria must be fulfilled?  Farmers are required to farm a minimum area of land (please specify the minimum area) …………  Farmers must undertake to pursue their farming activity in a less-favoured area for at least five years from the first payment of a compensatory allowance;  Farmers must apply the relevant mandatory standards established pursuant to Articles 4 and 5 of, and Annexes III and IV to, Regulation (EC) No 1782/2003 ( 34 ) as well as minimum requirements for fertiliser and plant protection product use and other mandatory requirements established by national legislation and identified in the rural development programme



' yes  no

9. Does the measure provide that, in the event of obstruction on the part of the owner or holder of the animals when inspections are being carried out and the necessary samples are being taken in application of national residue-monitoring plans, or when the investigations and checks provided for under Directive 96/23/EC are being carried out, the penalties provided for under question 4 shall apply?



 yes  no

10. In case of aid schemes still in force at the date of the entry into force of Articles 37 and 88(3) of Council Regulation (EC) No 1698/2005 ( 35 ), will the aid scheme be amended to comply with the provisions of those articles as from that date?



 yes  no If no, please note that from the entry into force of Articles 37 and 88 (3) of the abovementioned regulation new rules will be applied to measures aiming to compensate for natural handicaps in certain areas and that aid measures that do not fulfil all the criteria of these Articles and any implementing rules adopted by the Council or the Commission will have to be put to an end.

2. Other Information

Is documentation demonstrating that the State aid fits into and is coherent with the relevant Rural Development plan attached to the notification?







 yes  no

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

…………

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

PART III.12.E

SUPPLEMENTARY INFORMATION SHEET ON AID FOR MEETING STANDARDS

This information sheet relates to investments in agricultural holdings discussed in point IV.E of the Community Guidelines for State aid in the agriculture and forestry sector 2007 to 2013 ( 36 ).

1. Does the planned aid apply only to primary producers (farmers)?



 yes  no

2. Are the new standards based on Community standards?



 yes  no

3. If no, will the aid be limited to expenses resulting from standards likely to create a genuine competition handicap for the farmers involved?



 yes  no

4. Please demonstrate this handicap on the basis of mean net profit margins for average agricultural holdings in the (sub-)sector involved: …………

5. Is the aid farmers are entitled to over a period of five years for costs or loss of income incurred as a result of applying one or more standards to be provided on a diminishing scale and limited to a total of EUR 10 000 ?



 yes  no

6. Please describe the diminishing scale of the aid: …

7. If the total of EUR 10 000 is exceeded: is the aid limited to 80 % of costs and loss of income incurred by farmers, and to EUR 12 000 per agricultural holding, and is account taken of any Community aid provided?



 yes  no

8. Does the aid pertain to standards which can be shown to be the direct cause of: — an increase in the operating costs of at least 5 % for the product or products affected by the standard? —



 yes  no — a loss of income equal to at least 10 % of net profits derived from the product or products affected by the standard? —



 yes  no

9. Please demonstrate the abovementioned parameters (please note that they must be calculated for an average agricultural holding in the sector and in the Member State affected by the standard): …………

10. Does the aid apply only to standards resulting in an increase in operating costs or loss of income equal to at least 25 % of all agricultural holdings of the (sub-) sector in the Member State concerned?



 yes  no

11. Is the notification accompanied by documentation demonstrating how the State aid measure is consistent with the relevant rural development programme(s) concerned?



 yes  no If yes, please provide this documentation below or in an annex to this supplementary information sheet ………… If no, please note that this documentation must be provided under point 26 of the Guidelines

PART III.12.F

SUPPLEMENTARY INFORMATION SHEET ON AID FOR THE SETTING UP OF YOUNG FARMERS

This notification form applies to aid granted for the setting up of young farmers, as dealt with in chapter IV.F of the Community Guidelines for State aid in the agriculture and forestry sector 2007 to 2013 ( 37 ).

1. Eligibility Criteria

Please note that State aid for the setting up of young farmers may only be granted if it fulfils the same conditions set out in the Rural Development Regulation ( 38 ) for co-financed aid, and in particular the eligibility criteria of Article 22 thereof.

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



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

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



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

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



 yes  no

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



 yes  no

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



 yes  no

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



 yes  no

2. Maximum allowable aid

2.1. Is the setting up support granted in the form of  a single premium? (max. EUR 40 000 ) (please specify the amount) ………… and/or  an interest rate subsidy? (max. capitalised value of EUR 40 000 ) If yes, please describe the conditions of the loan — interest rate, duration, period of grace, etc.) …………

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



 yes  no

3. Other Information

Is documentation demonstrating that the State aid fits into and is coherent with the relevant Rural Development plan attached to the notification?







 yes  no

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

…………

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

PART III.12.G

SUPPLEMENTARY INFORMATION SHEET FOR AID FOR EARLY RETIREMENT OR FOR THE CESSATION OF FARMING ACTIVITIES

This form must be used for the notification of any State aid schemes which are designed to encourage older farmers to take early retirement as described by chapter IV.G of the Community Guidelines for State aid in the agricultural and forestry sector 2007 to 2013 ( 39 ).

1. Types of aid

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



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

1.2. Is the early retirement support granted:  to farmers who decide to stop their agricultural activity for the purpose of transferring the holdings to other farmers?  to farm workers who decide to stop all farming work definitively upon the transfer of the holding? Please describe the envisaged measures: …………

2. Eligibility criteria

2.1. Will the aid be exclusively granted when the transferor of the farm, — stops all commercial farming activity definitively, — is not less than 55 years old but not yet of normal retirement age at the time of transfer or not more than 10 years younger than the normal retirement age in the Member State concerned at the time of transfer and — has practised farming for the 10 years preceding transfer?



 yes  no If no please note that according to point 87 of the Guidelines combined with article 23 of Council Regulation No 1698/2005 ( 40 ), no aid can be authorised if the transferor does not fulfil all those conditions.

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



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

2.3. When the aid planned for early retirement support includes measures to provide an income for farm workers, please confirm that no aid will be granted if the worker does not fulfil all the following conditions: — stop all farm work definitively upon the transfer of the holding, — be not less than 55 years old but not yet of normal retirement age or more than 10 years younger than the normal retirement age in the Member State concerned, — have devoted at least half of his working time as a family helper or farm worker to farm work during the preceding five years, — have worked on the transferor's agricultural holding for at least the equivalent of two years full-time during the four-year period preceding the early retirement of the transferor, and — belong to a social security scheme.



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

3. Aid amount

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



 yes  no

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

3.2. Please specify what is the maximum amount of aid to be granted per transferor:  ………… per transferor and year (maximum annual amount of EUR 18 000 /transferor and maximum total amount of EUR 180 000 /transferor) If the maximum amounts are not respected please justify its compatibility with the provisions of point 87 of the Guidelines. Please note that the Guidelines allow for support going above the maximum amounts set out in the Regulation provided that the Member State demonstrates that such payment is not passed on to active farmers.

3.3. Please specify what is the maximum amount of aid to be granted per worker:  ………… per worker and year (maximum annual amount of EUR 4 000 /worker and maximum total amount of EUR 40 000 /worker) If the maximum amounts are not respected please justify its compatibility with the provisions of point 87 of the Guidelines. Please note that the Guidelines allow for support going above the maximum amounts set out in the Regulation provided that the Member State demonstrates that such payment is not passed on to active farmers.

3.4. Does the transferor receive a normal retirement pension paid by the Member State?



 yes  no

3.4.1. If yes, is the planned early retirement support granted as a supplement taking into account the amount of the national retirement pension?



 yes  no If no, please note that point 87 of the Guidelines combined with Article 23 of Council Regulation (EC) No 1698/2005 requires that the amount paid as a normal retirement pension is taken into account in the calculation of the maximum amounts to be granted under the early retirement schemes.

4. Duration

4.1. Can it be assured that duration of planned early retirement support shall not exceed a total period of 15 years for the transferor and for the farm worker and that, at the same time, it shall not go beyond the 70th birthday of a transferor and not go beyond the normal retirement age of a worker?



 yes  no If no, please note that point 87 of the Guidelines combined with Article 23 of Council Regulation (EC) No 1698/2005 does not allow for aid if all those requirements are not assured in the planned scheme.

PART III 12.III.H

SUPPLEMENTARY INFORMATION SHEET ON AID TO PRODUCER GROUPS

This form must be used for the notification of any State aid measures meant to provide aid to produces groups as described by chapter IV.H. of the Community Guidelines for State aid in the agricultural and forestry sector 2007 to 2013 ( 41 )

1. Type of aid

1.1. Does the aid concern start-up aid to newly established producer groups?



 yes  no

1.2. Does the aid concern start-up aid to newly established producer associations (i.e. a producer association consists of recognised producer groups and pursues the same objectives on a larger scale)?



 yes  no

1.3. Is the aid granted towards eligible expenses limited to and resulting from a year-on-year increase in turnover of the beneficiary by at least 30 % due to the accession of new members and/or the coverage of new products?



 yes  no

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

1.3.2. Is the increase in turnover of the beneficiary due to  the accession of new members  the coverage of new products  both

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



 yes  no

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



 yes  no If yes, please note that aid to these groups or associations is not covered by chapter IV.H. of the Guidelines. Please refer to the relevant legal basis. …………

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



 yes  no If yes, the aid will be assessed in accordance with the specific rules governing such aids. Please refer to the relevant sections of the notification form.

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



 yes  no

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



 yes  no

1.8.1. If yes, will the overall amount granted directly to producers respect the limit for maximum support (EUR 400 000 )?



 yes  no

2. Beneficiary

2.1. Is the start-up aid granted exclusively to small and medium-sized enterprises?



 yes  no

2.2. Is start-up aid granted to producer groups or producer associations which are entitled to assistance under the legislation of the Member State concerned?



 yes  no If the answer is no, please refer to Article 9(2) of Commission Regulation (EC) No … ( 42 ).

2.3. Is the aid granted only if all the following rules are respected: — The obligation on members to market production in accordance with the rules on supply and placing on the market, drawn up by the group or association (the rules may permit a proportion of the production to be marketed directly by the producer); —



 yes  no — the obligation for producers joining the group or the association to remain members for at least three years and give at least 12 months notice of withdrawal; —



 yes  no — common rules on production, in particular relating to product quality, or use of organic practices, common rules for placing goods on the market and rules on product information, with particular regard to harvesting and availability? —



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

2.4. Does the producer group or association comply fully with all relevant provisions of competition law, in particular Articles 81 and 82 of the Treaty?



 yes  no

2.5. Does the aid measure/scheme clearly exclude production organisations such as companies or co-operatives the objective of which is the management of one or more agricultural holdings and which are therefore in effect single producers?



 yes  no If no, please note that, according to Article 9(5) of Commission Regulation (EC) No 1857/2006, producers should remain responsible for managing their holdings.

2.6. Does the aid measure/scheme clearly exclude any aid to producer groups or associations the objectives of which are incompatible with a Council regulation setting up a common market organisation?



 yes  no If no, please note that, under Article 9(8) of Commission Regulation (EC) No 1857/2006, under no circumstances can the Commission approve an aid which is incompatible with the provisions governing a common organisation of the market or which would interfere with the proper functioning of the common organisation

3. Aid intensity and eligible costs

3.1. Can you confirm that the total amount of aid granted to a producer group or association will not exceed EUR 400 000 ?



 yes  no

3.2. Does the aid measure/scheme clearly exclude that aid is paid in respect of costs incurred after the fifth year?



 yes  no

3.3. Does the aid measure/scheme clearly exclude that aid is paid following the seventh year after recognition of the producer organisation?



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

3.4. Do the eligible expenses, both in case of aid granted to producers groups or associations and in case of aid granted directly to producers, include only: — the rental of suitable premises, or — the purchase of suitable premises (the eligible expenses are limited to rental costs at market rates), — the acquisition of office equipment, including computer hardware and software, administrative staff costs, overheads and legal and administrative fees?



 yes  no If the answer is no, please refer to the list of eligible expenses set in Article 9(3) of Commission Regulation (EC) No 1857/2006.

PART III.12.I

SUPPLEMENTARY INFORMATION SHEET ON AID FOR LAND RE-PARCELLING

This form must be used for the notification of any State aid schemes designed to cover the legal and administrative costs, including survey costs, of re-parcelling as described by Chapter IV.I of the Community Guidelines for State aid in the agriculture and forestry sector 2007 to 2013 ( 43 ).

1. Is the aid measure part of a general programme of land reparcelling operations undertaken in accordance with the procedures laid down by the legislation of the Member State concerned?



 yes  no

2. Do the eligible expenses include exclusively the legal and administrative costs, including survey costs, of re-parcelling ?



 yes  no If the eligible expenses also cover other items, please note that Article 13 of Regulation (EC) No 1857/2006 authorises only the eligible expenses indicated.

3. What is the planned rate of aid (max. 100 %)? …

PART III.12.J

SUPPLEMENTARY INFORMATION SHEET ON AID TO ENCOURAGE THE PRODUCTION AND MARKETING OF QUALITY AGRICULTURAL PRODUCTS

This form must be used for the notification of any State aid measures which are designed to encourage the production and marketing of quality agricultural products as described by chapter IV.J of the Community Guidelines for State aid in the agricultural and forestry sector 2007 to 2013 ( 44 )

(A) PRIMARY PRODUCERS (FARMERS)

1. Type of products

1.1. Does the aid only refer to quality products fulfilling the criteria to be defined pursuant to Article 32 of Regulation (EC) No 1698/2005 ( 45 )?



 yes  no If the aid does not concern quality products please note that, under Chapter IV.J of the Agricultural Guidelines, aid is limited to quality agricultural products.

2. TYPE OF AIDS

2.1. Which of the following types of aid can be financed by the aid scheme/individual measure?  market research activities, product conception and design;  aids granted for the preparation of applications for recognition of denominations of origin or certificates of specific character in accordance with the relevant Community regulations;  consultancy and similar support for the introduction of quality assurance schemes such as the ISO 9000 or 14000 series, systems based on hazard analysis and critical control points (HACCP), traceability systems, systems to assure respect of authenticity and marketing norms or environmental audit systems;  the costs of training personnel for the introduction of quality assurance schemes such as ISO 9000 or 14000 series, systems based on hazard analysis and critical control points (HACCP), traceability systems, systems to assure respect of authenticity and marketing norms or environmental audit systems;  the costs of the charges levied by recognised certifying bodies for the initial certification of quality assurance and similar systems;  the costs of compulsory control measures undertaken pursuant to Community or national legislation by or on behalf of the competent authorities, unless Community legislation requires enterprises to bear such costs;  the costs for participation in measures referred to in article 14(2)(f) of Regulation No 1857/2006 ( 46 ), provided that: (a) only agricultural products for human consumption are covered; (b) it concerns a Community food quality scheme or a food quality scheme recognised by a Member State complying with the precise criteria established according to Article 32(1)(b) of Regulation 1698/2005; (c) the annual incentive payment whose level is determined according to the level of the fixed costs arising from the participation in such schemes for a maximum duration of five years. (d) the support is limited to EUR 3 000 per year and holding. Note: Schemes whose sole purpose is to provide a higher level of control of respect of obligatory standards under Community or national law shall not be eligible for support.

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



 yes  no If yes, please refer to chapter IV.A of the Agricultural Guidelines.

2.3. Are the controls undertaken by or on behalf of third parties, such as:  the competent regulatory authorities or bodies acting on their behalf;  independent organisms responsible for the control and supervision of the use of denominations of origin, organic labels, or quality labels;  others (please specify, indicating how the independence of the control body is assured) ………… …………

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



 yes  no

3. Beneficiaries

3.1. Who are the beneficiaries of the aid?  farmers;  producer groups  other (please specify) …………

3.2. Are large companies excluded as beneficiaries?



 yes  no

3.3. With the exception of support for the participation in measures referred to in Article 14(2)(f) of Regulation No 1857/2006, are direct payments of money to producers excluded?



 yes  no

3.3.1. Is the aid available to all the farmers eligible in the area concerned based on objectively defined conditions?



 yes  no

3.3.2. Does the aid measure exclude compulsory membership of the producers group/organisation or intermediate entity managing the aid in order to benefit from aid?



 yes  no

3.3.3. Is the contribution towards the administrative costs of the group or organisation concerned limited to the costs of providing the service?



 yes  no

4. AId Intensity

4.1. Please state the maximum rate of public support of the following measures: (a) …………; market research activities, product conception and design (max. 100 %); (b) …………; aids granted for the preparation of applications for recognition of denominations of origin or certificates of specific character in accordance with the relevant Community regulations (max. 100 %); (c) …………; consultancy and similar support for the introduction of quality assurance schemes such as the ISO 9000 or 14000 series, systems based on hazard analysis and critical control points (HACCP), traceability systems; systems to assure respect of authenticity and marketing norms or environmental audit systems (max. 100 %); (d) …………; the costs of training personnel for the introduction of quality assurance schemes such as ISO 9000 or 14000 series, systems based on hazard analysis and critical control points (HACCP), traceability systems, systems to assure respect of authenticity and marketing norms or environmental audit systems (max. 100 %); (e) …………; the cost of the charges levied by recognised certifying bodies for the initial certification of quality assurance and similar systems (max. 100 %); (f) …………; the costs of compulsory control measures undertaken pursuant to Community or national legislation by or on behalf of the competent authorities, unless Community legislation requires enterprises to bear such costs; (g) …………; the costs for participation in measures referred to in Article 14(2)(f) of Regulation No 1857/2006.

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

1. Type of products

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



 yes  no If the aid does not concern quality products please note that, under Chapter IV.J of the Agricultural Guidelines, aid is limited to quality agricultural products.

2. TYPE OF AIDS AND ELIGIBLE COSTS

2.1. Are eligible costs limited to:  costs for services provided by outside consultants and other services providers; in particular:  market research activities  product conception and design  applications for recognition of certificates of specific character in accordance with the relevant Community regulations  the introduction of quality assurance schemes such as the ISO 9000 or 14000 series, systems based on hazard analysis and critical control points (HACCP), traceability systems, systems to assure respect of authenticity and marketing norms or environmental audit systems  other (please specify) ………… ………… Please note that such services should not be a continuous or periodic activity nor relate to the enterprise's usual operating expenditure, such as routine tax consultancy services, regular legal service or advertising.

2.2. Please indicate the maximum aid intensity expressed in gross terms: ………… If the aid intensity exceeds 50 % gross please indicate in detail why this aid intensity should be necessary: …………

2.3. Please indicate the maximum ceiling for cumulated aid: ………… …………

3. Beneficiaries

3.1. Who are the beneficiaries of the aid?  companies active in the processing and marketing of agricultural products  producer groups active in the processing and marketing of agricultural products  other (please specify) …………

3.2. Are large companies excluded as beneficiaries?



 yes  no

4. Necessity of the aid

4.1 Does the aid foresee that any application for aid must be submitted before work on the project is started?



 yes  no

4.2. If not has the Member State adopted legal provisions establishing a legal right to aid according to objective criteria, and without further exercise of discretion by the Member States?



 yes  no

PART III.12.K

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 whose aim is the provision of technical support in the agricultural sector as described by chapter IV.K of the Community Guidelines for State aid in the agricultural and forestry sector 2007 to 2013 ( 47 )

1. TYPE OF AIDS

A. AID TO PRIMARY PRODUCERS

1.1. Which of the following types of aid can be financed by the aid scheme/individual measure:  education and training of farmers and farm workers;  provision of farm replacement services;  consultancy services provided by third parties;  organisation and participation in forums to share knowledge between businesses, in competitions, exhibitions and fairs;  vulgarisation of scientific knowledge, For this aid, can you confirm that individual companies, brands or — except for products covered by Council Regulation (EC) No 510/2006 ( 48 ) and by Articles 54 to 58 of Council Regulation (EC) No 1493/99 of 17 May 1999 on the common market in wine ( 49 ), provided that the references correspond exactly to those references which have been registered by the Community — origin are not named?



 yes  no  factual information on quality systems open to products from other countries, on generic products and on the nutritional benefits of generic products and suggested uses for them; For this aid, can you confirm that individual companies, brands or — except for products covered by Council Regulation (EC) No 510/2006 (49) and by Articles 54 to 58 of Council Regulation (EC) No 1493/99 of 17 May 1999 on the common market in wine, provided that the references correspond exactly to those references which have been registered by the Community — origin are not named?



 yes  no  publications such as catalogues or websites presenting factual information about producers from a given region or producers of a given product. For this aid, can you confirm that the information and presentation is neutral and that all producers concerned have equal opportunities to be represented in the publication?



 yes  no

1.2. Please describe the envisaged measures: ………… …………

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



 yes  no If yes, please note that according to point 106 of the Guidelines, the Commission will not authorise State aid for abovementioned measures in favour of large companies.

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

1.4. Which of the following types of aid can be financed by the aid scheme/individual measure:  services provided by outside consultants not being continuous or periodic activity and not related to the enterprise's usual operating expenditure;  first participation in fairs and exhibitions. Please describe the envisaged measures: ………… …………

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



 yes  no If yes, please note that according to point 106 of the Guidelines, the Commission will not authorise State aid for abovementioned measures in favour of large companies.

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

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



 yes  no

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

1.8. Does the project respect the following conditions: Are the number of participating companies and the duration of the pilot scheme limited to what is necessary for proper testing?



 yes  no Will the results of the pilot scheme be made publicly available?



 yes  no

2. Eligible costs and aid intensity

A. AID TO PRIMARY PRODUCERS

2.1. Concerning education and training, do the eligible costs include only the actual cost of organising the training programme, travel and subsistence expenses and the cost of the provision of replacement services during the absence of the farmer or the farm worker?



 yes  no If no, please note that according to point 104 of the Guidelines combined with article 15.2 of Commission Regulation (EC) No 1857/2006 ( 50 ), aid to cover other costs cannot be authorised.

2.2. Concerning the farm replacement services, do the eligible costs include only the actual costs of the replacement of the farmer, the farmer's partner, or a farm worker during illness and holidays?



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

2.3. Concerning consultancy services provides by third parties, do the eligible costs include only the fees for services which do not constitute a continuous or periodic activity nor relate to the enterprise's usual operating expenditure (such as routine tax consultancy services, regular legal services or advertising) ?



 yes  no If no, please note that according point 103 of the Guidelines combined with Article 15.2 of Commission Regulation (EC) No 1857/2006 aid to cover costs of continuous or periodic activities or relating to the enterprise's usual expenditure cannot be authorised.

2.4. In the case of organisation of, and/or participation in, forums to share knowledge between businesses, competitions, exhibitions and fairs, do the eligible costs only include: participation fees, travel costs, costs of publications, rent of exhibition premises and symbolic prizes awarded in the framework of competitions, up to a value of EUR 250 per prize and winner?



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

2.5. Please state the aid intensity …………

2.6. Will the aid involve direct payments to producers?



 yes  no Please note that according to point 103 of the Guidelines combined with Article 15.3 of Regulation (EC) No 1857/2006 aid must not involve direct payments to producers.

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

2.7. Concerning the services provided by outside consultants, are the eligible expenses limited only to costs of activities of non-continuous or non-periodic character, not relating to the enterprise's usual operating expenditure?



 yes  no If no, please note that according to point 105 of the Guidelines combined with Article 5 of Commission Regulation (EC) No 70/2001 (or any provision replacing it) aid towards financing services being a continuous or periodic activity or related to the enterprise's usual operating expenditure, such as routine tax consultancy services, regular legal services or advertising can not be authorised.

2.8. Concerning the participation in fairs and exhibitions, are the eligible costs limited only to the additional costs incurred for renting, setting up and running the stand and apply only to the first participation of an enterprise in a particular fair or exhibition?



 yes  no If no, please note that aid for costs other than specified in point 105 of the Guidelines combined with Article 5 of Regulation (EC) No 70/2001 (or any provision replacing it) cannot be authorised.

2.9. Please state the aid intensity: ………… (max. 50 %) Please note that according to point 105 of the Guidelines combined with Article 5 of Regulation (EC) No 70/2001 (or any provision replacing it) aid rates higher than the abovementioned ceiling cannot be authorised.

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

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



 yes  no

2.11. Please state the aid intensity …………

3. Beneficiaries

3.1. Who are the beneficiaries of the aid?  farmers;  producer groups;  other (please specify) …………

3.2. If farmers are not the direct beneficiaries of the aid:

3.2.1. Is the aid available to all the farmers eligible in the area concerned based on objectively defined conditions?



 yes  no

3.2.2. Where the provision of technical support is undertaken by producer groups or other organisations is membership of such groups or organisations a condition for access to the service?



 yes  no

3.2.3. Is the contribution of non-members towards the administrative costs of the group or organisation concerned limited to the costs of providing the service?



 yes  no

PART III.12.L

SUPPLEMENTARY INFORMATION SHEET ON AID FOR THE LIVESTOCK SECTOR

This form must be used for the notification of any State aid measures designed to support the livestock sector as described by point IV.L of the Community Guidelines for State aid in the agriculture and forestry sector 2007 to 2013 ( 51 ).

1. Eligible expenses

1.1. Which of the following eligible expenses does the support measure cover:  the administrative costs of the establishment and maintenance of herd books?  tests to determine the genetic quality or yield of livestock (tests undertaken by or on behalf of third parties)?  eligible costs for investments in the introduction at farm level of innovatory animal breeding techniques or practices? If the planned measure includes other eligible expenses, please note that Article 16(1) of Regulation (EC) No 1857/2006 ( 52 ) only allows this aid to cover the eligible expenses listed above. Checks carried out by the owner of the herd and routine checks on the quality of the milk are excluded.

2. Amount of aid

2.1. Please specify the maximum rate of public support expressed as a volume of eligible expenses: — ………… to cover the administrative costs of the establishment and maintenance of herd books (max. 100 %); — ………… for costs of tests to determine the genetic quality or yield of livestock (max. 70 %); — ………… eligible costs for investments centring on the introduction at farm level of innovatory animal breeding techniques or practices (max. 40 %, and up to 31 December 2011).

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

3. Beneficiaries

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



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

PART III.12.M

SUPPLEMENTARY INFORMATION SHEET ON AID FOR THE OUTERMOST REGIONS AND THE AEGEAN ISLANDS

This form must be used by Member State to notify aids for the outermost regions and the Aegean islands, as dealt with in point IV.M of the Community Guidelines for State aid in the agriculture and forestry sector 2007 to 2013 ( 53 ).

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



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

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



 yes  no

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



 yes  no

3.1. If yes, please determine the amount of the additional costs resulting from these specific constraints and the method of calculation: ………… ………… …………

3.2. How can the authorities establish the link between the additional costs and the factors entailing them (like remoteness or distant location)? ………… …………

4. Is this aid intended to offset in part additional transport costs?



 yes  no

4.1. If yes, please provide proof of the existence of these additional costs and the method of calculation used to determine their amount ( 54 ): ………… …………

4.2. If yes, indicate what will be the maximum amount of aid (on the basis of an aid-per-kilometre ratio or on the basis of an aid-per-kilometre and aid-per-unit-weight ratio) and the percentage of the additional costs covered by the aid : …………

5. In the case of Spain, is the aid intended for the production of tobacco in the Canary Islands ( 55 )?



 yes  no

5.1. If yes, is the aid limited to EUR 2 980,62 per tonne and to a maximum of 10 tonnes each year?



 yes  no

5.2. How can the Spanish authorities guarantee that the aid will not result in discrimination between producers in the islands? ………… …………

PART III.12.N

SUPPLEMENTARY INFORMATION SHEET ON AID TO COMPENSATE FOR DAMAGE TO AGRICULTURAL PRODUCTION OR THE MEANS OF AGRICULTURAL PRODUCTION

This form must be used by Member States for the notification of any State aid measures which are designed to compensate for damage to agricultural production or the means of agricultural production as described by points V.B.2 and V.B.3 of the Community Guidelines for State aid in the agriculture and forestry sector 2007 to 2013 ( 56 ).

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

1.1. Which disaster or exceptional occurrence caused the damage for which the compensation is envisaged? …………

1.2. What kind of physical damage was caused? …………

1.3. What rate of compensation for material damage is contemplated? …………

1.4. Is compensation planned for losses of income? If yes, what level of compensation is contemplated and how will income losses be calculated? …………

1.5. Is the compensation to be calculated for each individual recipient? …………

1.6. Are insurance payments to be deducted from the aid? How will it be checked whether insurance companies have made any payments? …………

2. Aid to compensate farmers ( 57 )for losses caused by bad weather (point V.B.3 of the Guidelines)

2.1. What weather event has justified the aid? …………

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

2.3. Please indicate the last date until which aid may be grant