EN Official Journal of the European Union C 154/6

Information communicated by Member States regarding State aid granted under Commission Regulation (EC) No 1857/2006 on the application of Articles 87 and 88 of the Treaty to State aid to small and medium-sized enterprises active in the production of agricultural products and amending Regulation (EC) No 70/2001

2009/C 154/05

Aid No: XA 49/09

Member State: Spain

Region: Comunidad Valenciana

Title of aid scheme or name of company receiving an individual aid: Ayuda nacional por superficie a los frutos de cáscara

Legal basis: Real Decreto 1612/2008 de 3 de octubre sobre aplicación de los pagos directos a la agricultura y la ganadería.

Borrador de la Orden de 23 de enero de 2009 de la Consellera de Agricultura, Pesca y Alimentación sobre cuestiones generales aplicables al régimen de ayudas agroambientales e indemnización compensatoria y régimen aplicable al pago único y otras pagos directos a la agricultura y ganadería en el ámbito de la Comunitat Valenciana y de aprobación de las bases reguladoras de ayudas de pago único y otras ayudas directas.

Borrador Resolución de 26 de enero de 2009 de la Directora de la Agencia Valenciana de Fomento y Garantia Agraria mediante la que se establece la convocatoria del procedimiento para la concesión de subvenciones a través de la solicitud única vinculadas al regimen de pago único, otras ayudas directas a la agricultura y la ganaderia, ayudas agroambientales y de indemnización compensatoria para el año 2009

Annual expenditure planned under the scheme or overall amount of individual aid granted to the company: EUR 2 928 440 under aid heading SE 83 000

Maximum aid intensity: The Valencian Autonomous Government will finance 50 % of the maximum national aid laid down in Article 87(1) of Regulation (EC) No 1782/2003. The maximum amount will be EUR 120,75 per hectare per year

Date of implementation: From the date of publication of the registration number of the request for exemption on the website of the Commission's Directorate-General for Agriculture and Rural Development

Duration of scheme or individual aid award: 1 year

Objective of aid: To complement Community area aid associated with nut production (provided for in Article 17(b) of Regulation (EC) No 1857/2006)

Sector(s) concerned: Nut growers who are considered to be small and medium-sized enterprises under Annex I to Commission Regulation (EC) No 800/2008 of 6 August 2008

Name and address of the granting authority:

Agencia Valenciana de Fomento y Garantía Agraria C/Amadeo de Saboya, no 2 Valência ESPAÑA

Website: http://www.agricultura.gva.es/especiales/ayudas_agrarias/pdf/FRUTOS%20CASCARA.pdf

Aid No: XA 50/09

Member State: The Netherlands

Region: Provincie Noord-Brabant

Title of aid scheme or name of company receiving individual aid: Model voor een gemeentelijke Subsidieverordening duurzaamheidsinvesteringen agrarische bedrijven in landbouwontwikkelingsgebieden

Legal basis: Algemene wet bestuursrecht, titel 4.2

Gemeentewet, artikelen 108 lid 1, 147 lid 1 en 149

Article 4 of Regulation (EC) No 1857/2006

Annual expenditure planned under the scheme or overall amount of individual aid granted to the company: Between 10 and 20 municipalities in North Brabant are expected to issue a call for applications for the scheme, each of which will make up to EUR 1,6 million available. This affects the following municipalities (indicative):

Alphen-Chaam

Baarle-Nassau

Bladel

Boekel

Deurne

Dongen

Eersel

Gemert-Bakel

Haaren

Heeze-Leende

Hilvarenbeek

Landerd

Mill en Sint Hubert

Sint Anthonis

Uden

Total expenditure under this scheme by the municipalities concerned is expected to be EUR 24 million for the period 2009 to 2013 inclusive

Maximum aid intensity: The scheme provides for aid for investments relating to:

The scheme also provides for possible supplementary aid for investments relating to:

The investments referred to in points (a) and (b) cover only the extra investments needed to go beyond the (Community) statutory requirements and may be subsidised up to a limit of 60 %, unless the investments in question lead to an increase in production capacity, in which case the maximum subsidy limit is 40 %. Such investments fall within the scope of Article 4(2)(e) and Article 4(3)(d) of Regulation (EC) No 1857/2006.

The investments referred to in points (c) and (d) may be subsidised up to a limit of 40 %. Investments covered by point (c) (aesthetic quality) fall within the scope of Article 4(2)(b) and Article 4(3)(c) of Regulation (EC) No 1857/2006 (increasing the quality of farm buildings). Investments covered by point (d) (energy savings) fall within the scope of Article 4(2)(b) and Article 4(3)(a) of Regulation (EC) No 1857/2006 (reducing production costs).

The total amount of aid granted may not exceed EUR 400 000 per holding over a period of three consecutive fiscal years covering the investment period, less the tax breaks granted under the MIA/VAMIL scheme, which have been set at 12 % of the investments covered by this scheme.

Date of implementation: Under Articles 6 and 13 of the scheme, aid may be granted, subject to submission of an application, once the model outlining the scheme has been notified in accordance with Article 20 of Regulation (EC) No 1857/2006 and once the scheme has been adopted and a call for applications issued by the municipal body responsible

Duration of scheme or individual aid award: The scheme has no specific closing date and, once it has entered into force pursuant to Article 13 thereof, will apply until it is repealed. The municipal body responsible will set the period during which aid may be applied for under the scheme on the basis of Article 6 thereof. The duration of the scheme depends on whether the municipal body responsible sets one or more subsequent application periods. The period of validity of Regulation (EC) No 1857/2006 will also have to be taken into account, so, in principle, the scheme will not run beyond 31 December 2013. If a new exemption Regulation enters into force replacing or succeeding Regulation (EC) No 1857/2006, the province of North Brabant will submit a new notification

Objective of aid: The scheme is designed to encourage farms to adopt sustainability measures in areas in the province of North Brabant which have been designated agricultural development areas by the provincial council.

The measures eligible for aid under this scheme are investments in physical assets (buildings, machinery and equipment) which focus on reducing pollution or increasing animal welfare.

In all cases, the measures must go beyond the statutory requirements under the Wet milieubeheer (Environmental Management Act), the legislation on manure, odour and ammonia or the animal-welfare legislation, in particular the Gezondheids- en welzijnswet voor dieren (Animal Health and Welfare Act) and its implementing provisions. This requirement complies with the condition set in Article 4(2)(e) of Regulation (EC) No 1857/2006, namely that investments must be aimed at achieving standards that go beyond the minimum Community standards, as set out, for example, in the IPPC Directive, which applies to large livestock holdings and requires the use of the best available environmental techniques. For ammonia, the Directive has been transposed by the Dutch Besluit ammoniakemissie huisvesting veehouderij (Ammonia Emissions Decree for Livestock Housing) (Bulletin of Acts, Orders and Decrees 2005, 675). Also relevant in this respect are Council Directive 1999/74/EC of 19 July 1999 laying down minimum standards for the protection of laying hens, which was transposed by the Dutch Legkippenbesluit 2003 (2003 Decree on laying hens) (Bulletin of Acts, Orders and Decrees 2004, 40), and Council Directive 91/630/EEC of 19 November 1991 laying down minimum standards for the protection of pigs (OJ L 340, 11.12.1991), which was transposed by the Dutch Varkensbesluit (Pigs Decree) (Bulletin of Acts, Orders and Decrees 1994, 577). Lastly, Council Directive 91/629/EEC of 19 November 1991 laying down minimum standards for the protection of calves (OJ L 340, 11.12.1991), which was transposed by the Dutch Kalverenbesluit (Calves Decree) (Bulletin of Acts, Orders and Decrees 1994, 576), should also be mentioned.

Additionally, aid may also be granted for investment in physical assets to improve the aesthetic quality of the farm buildings or make energy savings in farm management.

In addition to the costs of the measure itself, the associated costs of consultancy, studies, etc. are also eligible for aid.

To be eligible for aid, the applicant must submit an investment plan to the municipal body responsible. That plan must show the measures envisaged by the applicant, the extent to which those measures are intended to reduce pollution beyond the (Community) statutory requirements or to increase animal welfare above the (Community) statutory requirements, any improvement of the aesthetic quality of farm buildings or energy savings and the costs involved. The investment plan makes it possible to determine the eligible costs. Measures relating to intensive livestock holdings should seek to tie in as much as possible with the Maatlat Duurzame Veehouderij (Yardstick of Sustainable Stockholding), issued by the Stichting Milieukeur (eco-labelling foundation)

Sector(s) concerned: The scheme applies to all agricultural holdings in agricultural development areas designated by the Provincial Council of North Brabant. The municipal body responsible is free to give priority to intensive livestock holdings and, in particular, to intensive livestock holdings relocating from an extensification area to an agricultural development area

Name and address of the granting authority: All municipalities in the province of North Brabant that issue a call for applications for the aid scheme in accordance with the model.

For further information, please contact:

Provincie Noord-Brabant

Brabantlaan 1

Postbus 90151

5200 MC, ‘s-Hertogenbosch

NEDERLAND

Website: http://www.brabant.nl/upload/documenten/p/plg/modelverordening%20duurzaamheidsinvesteringen%202008.def.pdf

Other information: This summary information outlines a model for a scheme to allow municipalities in the province of North Brabant to grant aid to agricultural holdings to implement sustainability and animal-welfare measures at farm level in agricultural development areas in the province. By providing this model, the province of North Brabant wishes to establish a uniform framework for granting the aid in question and to ensure that it is not necessary for each individual municipality to submit a notification after adopting the scheme in accordance with this model in order to be eligible for an exemption pursuant to Regulation (EC) No 1857/2006.

As shown above, the model scheme complies with Article 4(1) to (3) of Regulation (EC) No 1857/2006. It also complies with the remaining paragraphs of Article 4:

Paragraph 4: it is guaranteed that investments may relate only to the activities and costs set out in this paragraph (see Article 3(4) of the scheme);

Paragraph 5: aid will not be granted to agricultural holdings which are in difficulty (see Article 4(2)(d) of the scheme);

Paragraph 6: the scheme does not provide for aid in contravention of any prohibitions or restrictions laid down in Council Regulations establishing common organisation of the markets;

Paragraph 7: the aid is open to all agricultural sectors, although no aid will be granted for the purchase of production rights, animals and annual plants; the planting of annual plants; drainage works or irrigation equipment and irrigation works; or replacement investments (see Articles 2, 3(4) and 4(1) and (3) of the scheme);

Paragraph 8: aid will not be granted for a purchase of land other than land for construction purposes (see Article 4(4) of the scheme);

Paragraph 9: the maximum aid amount will be complied with (see Article 5(4) and (5) of the scheme);

Paragraph 10: aid will not be granted for the manufacture of products which imitate or substitute for milk and milk products (see Article 4(5) of the scheme).

For the sake of clarity, it should be pointed out that there are no agricultural holdings in North Brabant that exceed the size limit for small and medium-sized enterprises (250 employees).

Lastly, a few remarks are set out below on how this model scheme relates to some other aid schemes in the province of North Brabant

Subsidieregeling Duurzame Landbouw in Noord-Brabant, notification XA 220/2008: This scheme provides for provincial grants for projects that contribute to making agriculture sustainable in the province of North Brabant and is primarily intended for pilot projects. The model scheme under consideration here provides for municipal grants for investment in sustainability and animal welfare in agricultural development areas. In theory, some overlap between the two schemes cannot be entirely ruled out, but would not lead to too much State aid being granted, as both the provincial sustainability scheme and the model scheme for municipalities have anti-cumulation provisions.

Verplaatsingsregeling intensieve veehouderij (VIV, 2005), notification XA 62/2005: This scheme provides for compensation for the relocation of intensive livestock holdings to sustainable locations. That compensation consists of reimbursement of the corrected replacement value of the farm buildings demolished at the old site, reimbursement of the demolition costs for the old site and the new site and reimbursement of consultancy fees. A sustainable location as defined in the VIV scheme may or may not lie within an agricultural development area. For holdings that are being relocated to a site in an agricultural development area, the question may arise as to how the VIV scheme relates to the model scheme under consideration here. The answer to that question is that there is no overlap whatsoever, as the activities for which aid is granted under the VIV scheme are of an entirely different nature to the investments covered by this model scheme.

Verplaatsingsregeling grondgebonden agrarische bedrijven (VGAB), notification XA 84/2007: This scheme provides for grants for the relocation of land-based holdings. The intention is for the vacated land to be sold to the government, thus making it available for nature- and water-related uses (nature reserves, flood-water storage areas, etc.). As regards any overlap between the VGAB scheme and the model scheme under consideration here, the situation is the same as for the VIV scheme, that is to say there is no overlap whatsoever, as the activities for which aid is granted under the VGAB scheme are of an entirely different nature to the investments covered by this model scheme. Furthermore, agricultural development areas, which are precisely the areas for which this model scheme is intended, do not generally constitute attractive settlement sites for land-based agricultural holdings, as plots of land in those areas are relatively small and land prices relatively high.

Aid No: XA 63/09

Member State: Cyprus

Region: Cyprus

Title of aid scheme or name of company receiving an individual aid: Σχέδιο χορηγιών για εξοικονόμηση ενέργειας και ενθάρρυνση της χρήσης των ανανεώσιμων πηγών ενέργειας (2009-2013) για φυσικά και νομικά πρόσωπα καθώς και φορείς του δημόσιου τομέα που ασκούν οικονομική δραστηριότητα

Legal basis: Απόφαση Υπουργικού Συμβουλίου με ημερομηνία 30.12.2008

Annual expenditure planned under the scheme or overall amount of individual aid granted to the company: EUR 75 million

Maximum aid intensity: 35 %.

Date of implementation: 11.3.2009. The measure will only enter into force if it is accepted by the Commission under Regulation (EC) No 1857/2006 and aid will not be granted retroactively

Duration of scheme or individual aid award:

Objective of aid: Investment in agricultural holdings (Article 4 of Regulation (ΕC) No 1857/2006)

Sector(s) concerned: NACE code: A — Agriculture, forestry and fishing

Name and address of the granting authority:

Ypiresia Energias Ypouryio Emboriou Viomihanias kai Tourismou 1421, Nicosia CYPRUS

Website: http://www.cie.org.cy/sxedia%202009/sxedio%20nomika2009-2013.pdf

Other information: The main purpose of the measure is to provide incentives in the form of investment aid for energy saving and the promotion of renewable energy sources.

Investments may be undertaken by enterprises active in all sectors of the economy except for fisheries and aquaculture and except for large enterprises involved in the primary production of agricultural products. In addition to aid granted under Regulation (EC) No 1857/2006, the measure will also provide aid under Regulation (EC) No 800/2008 and de minimis aid under Regulation (EC) No 1998/2006. For aid granted under Regulation (EC) No 800/2008, the summary information, which is a legal requirement for applying the exempted aid scheme in the sector concerned, must be duly submitted.

Under Regulation (EC) No 1857/2006, aid may only be granted to small and medium-sized enterprises active in the primary production of agricultural and stock-rearing products. Aid under Regulation (EC) No 1857/2006 is granted to those enterprises which use the most energy generated from renewable energy sources (more than 50 %) for the needs of their agricultural holdings. Enterprises selling most of the energy which they generate to a third party will not receive aid under Regulation (EC) No 1857/2006 but are entitled to regional or de minimis aid.

The following are not entitled to receive aid under Regulation (EC) No 1857/2006:

large enterprises,

enterprises manufacturing products which imitate or substitute for milk and milk products,

enterprises which are considered to be in difficulty within the meaning of the Community guidelines on State aid for rescuing and restructuring firms in difficulty (OJ C 244 of 1.10.2004, p. 2),

investment which, in accordance with Article 4(4)(a) of Regulation (EC) No 1857/2006, is aimed at the simple replacement of machinery or equipment.

Eligible expenditure under the measure covers the following:

the purchase of new machinery or equipment and the related installation expenditure,

the cost of a study where this is required in order to be awarded the aid, subject to the limitations set out in the relevant application forms,

in the ‘use of biomass’ category, the measure covers investment relating to the purchase and installation of new machinery and equipment, the acquisition of materials or land for construction, or the construction of buildings. In the case of a purchase of land which is essential to achieve the desired aims, the grant ceiling is EUR 85 000 with a maximum price of EUR 20 per square metre. As regards farm buildings, the grant ceiling is EUR 85 000 with a maximum price of EUR 255 per constructed square metre. The purchase of land for construction is not allowed and in any event grants for the purchase of land may not exceed 10 % of the eligible expenditure.

Simple replacement never constitutes eligible expenditure.

In the area of energy saving, where new machinery or systems used to produce, transport, distribute and use energy are purchased and installed, and provided the new machinery or systems, owing to new technology, modern design or a change in the method of operation, lead to energy savings of at least 10 % at the place of operation compared to conventional machinery or systems of the same type and capacity:

the grant amount is calculated as a percentage of the difference between the cost of purchasing and installing new machinery or systems and the cost of purchasing and installing conventional machinery or systems, using the following formula:

Where Ε = grant amount

Κn = cost of purchasing and installing new machinery or systems

Κc = cost of purchasing and installing conventional machinery or systems

In the event of a purchase of machinery or systems with incorporated energy saving modules leading to energy savings of at least 10 % at the place of operation compared to conventional machinery or systems:

the grant amount is calculated as a percentage of the cost of the energy saving modules which are incorporated in the machinery or systems to be installed.

Aid No: XA 88/09

Member State: Finland

Region: Whole country

Title of aid scheme or name of company receiving an individual aid: Elintarviketalouden laatujärjestelmien kehittäminen

Legal basis: Valtionavustuslaki (688/2001),

Valtioneuvoston asetus elintarviketalouden laatujärjestelmien kehittämisen avustamisesta (638/2008)

Annual expenditure planned under the scheme: EUR 1,8 million/year. The aid will apply in the years 2009-2013

Maximum aid intensity: The 100 % aid intensity provided for under Community rules is limited by Section 6 of the Finnish Act on Discretionary Government Transfers, under which payment of full compensation is possible only where justifiable and necessary to achieve the aid's objectives

Date of implementation:

Duration of scheme: Until 31.12.2013

Objective of aid: The aid is granted to registered associations and organisations, as well as to companies, research institutes, government authorities or other public-sector bodies. The final beneficiary is a farmer deemed to be an SME engaged in primary production.

The scheme comes under Article 15(2)(a), (c), (d) and (e) of Regulation (EC) No 1857/2006

Sector(s) concerned: NACE code: A1 — Crop and animal production, hunting and related service activities; Annex I goods

Name and address of the granting authority:

Maa- ja metsätalousministeriö PL 30 FI-00023 Valtioneuvosto SUOMI/FINLAND

Website: http://www.laatuketju.fi/laatuketju/www/fi/hankkeet/index.php

http://www.finlex.fi/fi/laki/ajantasa/2001/20010688

http://www.finlex.fi/fi/laki/alkup/2008/20080638

Other information: The aid is granted and administered by the Ministry of Agriculture and Forestry. The aid amounts to EUR 1,8 million per year, i.e. a total of EUR 9 million in the years 2009 to 2013 inclusive. Aid can be granted for national development projects implementing the food quality strategy coordinated by the Ministry of Agriculture and Forestry.

The projects must improve the competitiveness of the food industry, strengthen its social accountability (including the development of traceability systems and compliance with ethics policies) and increase consumer awareness of the food industry's activities.

A project may be implemented in the form of measures either to improve the quality of agri-food products or operations or to foster agri-food value chains, examples being information provision, studies, training and advice for agricultural producers or the organisation of information exchanges between those working in the agri-food industry. Project target groups can include agricultural producers, consumers or those involved in the food business such as professional kitchens, educational institutions, the media and nutrition experts. The final beneficiary is a farmer deemed to be an SME engaged in primary production.

The aid works in such a way that the beneficiaries (registered associations and organisations, companies, research institutes, government authorities and other public bodies) use the support provided to implement national projects often of benefit to the entire food chain. For example, projects publicising the work undertaken to improve product quality in a given production sector may target consumers. In addition to consumers, however, a project may indirectly benefit the farmers producing the products in question. This kind of information can increase confidence in both production and the product while at the same time increasing the product's value, so indirectly increasing its consumption.

Projects must not mention a product's origin, individual products or brands and they must comply with the Act on Discretionary Government Transfers. These measures are designed to ensure that there is no distortion of competition.

The 100 % aid intensity provided for under Community rules is limited by Section 6 of the Finnish Act on Discretionary Government Transfers, under which payment of full compensation is possible only where justifiable and necessary to achieve the aid's objectives

Publicity: Publicity may not include advertising.

The following activities constitute authorised publicity:

press articles and releases (e.g. on new ways to ensure the welfare of domestic animals or on electronic data exchange systems for monitoring the production of agricultural products),

briefings, seminars, visits and exhibitions on topical subjects relating to agri-food production for food, consumer or financial journalists and schools,

the development of websites and online study materials, which may also be in printed form (e.g. hygiene requirements for berry picking, ensuring that cereals are disease-free, animal welfare provisions, farming practices consistent with sustainable development or consumer rights and expectations), and

publicity for professional kitchens (canteens in schools or other similar establishments), e.g. matters relating to the purchase of locally sourced products.

Publicity may also require various background studies such as strategy work, market research or study tours.

Training: Training for producers of agricultural products may involve, for example, hygiene training for berry pickers during which they become familiar with good hygiene practice for picking and transport. It may also cover, for instance, animal health inspection and electronic recording.

Exchange of information: Exchanges of information may involve the organisation of presentations, competitions or other activities promoting the exchange of information between food-industry operators, and participation therein.

Advice: The aid may also be granted to advisory services for producers of agricultural products.