Guidelines for the examination of State aid to fisheries and aquaculture
Date: 2001-01-20
Institutions: European Commission
Subjects: aid system, aquaculture, common organisation of markets, competition law, fishing industry, fishing regulations

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GUIDELINES FOR THE EXAMINATION OF STATE AID TO FISHERIES AND AQUACULTURE

(2001/C 19/05)

INTRODUCTION

free

system of

The maintenance of a
and undistorted
competition is one of the basic principles of the European
Community. Community policy towards State aid is directed
towards ensuring free competition, efficient allocation of
resources
the Community market.
Consequently, since the founding of the common market, the
Commission’s attitude has always been one of particular
vigilance in this field.

unity of

and

the

Although Article 36 of the EC Treaty states that the rules on
competition apply to the production of and trade in fisheries
products only to the extent determined by the Council, the
application of State aid rules to production of and trade in
fisheries products is provided for in Article 32 of Council
Regulation (EC) No 104/2000 (1) on the common organisation
of market. Furthermore, Article 19 of Council Regulation (EC)
No 2792/1999 (2)
and
laying down the detailed rules
arrangements
for Community structural assistance in the
fisheries sector states that Articles 87 to 89 of the EC Treaty
apply to aid granted by Member States to support this sector.

The overriding need to ensure rational and responsible exploi-
tation of fisheries resources in the face of severe biological
restraints requires particular prudence in granting State aid to
the fisheries sector. Any State aid which differs from schemes
laid down for Community aid needs to be considered carefully
and can only be accepted where it can be demonstrated that
such aid will not contribute to the maintenance or devel-
opment of fishing capacity where there is excess capacity in
a fishery and will not contribute to reduced biodiversity.

It is within this framework that the Commission intends to
administer derogations to the principle of incompatibility of
State aid with the common market (Article 87(1) of the EC
Treaty) provided for in Article 87(2) and (3) of the EC. Treaty
and in its implementing instruments.

In order to ensure that the common market functions properly
and that the objectives of the common fisheries policy are
achieved, the Commission finds it necessary to propose to
the Member States, pursuant
the EC
they apply to their existing aid schemes for
Treaty,
fisheries, already authorised by the Commission, the criteria
laid down in these Guidelines.

to Article 88(1) of

that

The common fisheries policy aims to establish the conditions
necessary for ensuring rational and responsible exploitation of
fisheries resources on a sustainable basis. The market organi-
sation stabilises prices and unifies the Community market.
Community rules for fishing provide for the conservation
and the best possible use of available fish stocks.

These guidelines take the place of earlier ones published in
1997 (3) as a result of
the common
fisheries policy, notably through the adoption of the Regulation
(EC) No 2792/1999.

the development of

Multiannual guidance programmes lay down restrictions on the
size of national fishing fleets with the objective of establishing
balance between fish stocks and their exploitation.

The Commission will continue to amplify or modify these
guidelines as and when experience is gained in the regular
examination of inventories of State aids and in the light of
the development of the common fisheries policy.

The Financial Instrument for Fisheries Guidance, one of the
Community’s structural funds, provides financial support for
the structural adaptation necessary to attain the objectives of
the common fisheries policy.

State aid is only justified if
objectives of both the competition and fisheries policies.

is in accordance with the

it

Regulations governing the activities of the Structural Funds also
in accordance with
state that
Community rules on competition.

they must be carried out

1. SCOPE AND GENERAL PRINCIPLES

1.1. Scope

These Guidelines relate to all measures which constitute
aid within the meaning of Article 87(1) of the EC Treaty,
including any measure entailing a financial advantage in
any form whatsoever funded directly or indirectly from
the budgets of public authorities (national, regional, prov-
from other State
incial, departmental or
to be
are
resources. The
considered as
reduced-interest
loans,
interest subsidies, certain State holdings in the
capital of undertakings, aid financed by special levies or
parafiscal charges and aid granted in the form of State
the reduction of or
securities against bank loans or
exemption from charges or taxes,
including accelerated
depreciation and the reduction of social contributions.

following,
aid:

local) or
for

transfers,

example,

capital

(1) OJ L 17, 21.1.2000, p. 22.
(2) OJ L 337, 30.12.1999, p. 10.

(3) OJ C 100, 27.3.1997, p. 12.

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These Guidelines apply to the entire fisheries sector and
concern the exploitation of living aquatic resources and
aquaculture together with the means of production,
processing and marketing of the resultant products, but
excluding recreation and sport fishing which does not
result in the sale of fisheries products.

produced or marketed, product prices, units produced
or the means of production, and which has the effect
of
recipient’s production costs or
improving the recipient’s income is, as operating aid,
incompatible with the common market.

reducing the

1.2. General principles

State aid may be granted only if it is consistent with the
objectives of the common fisheries policy.

1.3. The examination of aid schemes will be based on values
support.
expressed in terms of
However, account will be taken of all factors making it
possible to assess the real advantage to the recipient.

the total amount of

the

rationalisation and

Aid may not be protective in its effect: it must serve to
promote
the
production and marketing of fishery products in a way
which encourages and accelerates the adaptation of the
industry to the situation it faces, particularly in terms of
the scarcity of fisheries resources.

efficiency of

The cumulative effect for the recipient of all measures
involving an element of subsidy granted by the State auth-
orities pursuant to Community, national, regional or local
law, particularly those that are designed to promote
regional development, will be taken into account when
State aid schemes are being assessed.

Any such aid must yield lasting improvements so that the
industry can develop solely on the basis of market
earnings.
Its duration must therefore be limited to the
time needed to achieve the desired improvements and
adaptations.

1.4. Aid schemes funded by special charges, in particular para-
fiscal charges, imposed on certain fishery and aquaculture
products irrespective of
their origin, may be deemed
compatible where aid schemes benefit both domestic
and imported products.

Consequently the following principles apply:

(cid:151) State aid must not impede the application of the rules
of the common fisheries policy. In particular, aid to
the export of or to trade in fishery products within the
Community is incompatible with the common market,

(cid:151) Community provisions relating to structural policy
have been adopted in order to achieve the objectives
of the common fisheries policy.

If the available Community funds are insufficient to
cover the part-financing of the measures eligible for
such assistance, the overall rate of the State aid may be
aggregated, where appropriate, with the
rate of
Community part-financing provided it does not
exceed the overall rate of the aid laid down under
the Community rules.

State aid exceeding this overall rate will only be
permitted in accordance with the specific provisions
below.

1.5. Guidelines on national regional aid do not apply in this
sector (1). The components of
regional aid schemes
involving the fisheries sector will be examined on the
basis of the present Guidelines.

1.6. Since, given the existence of common fisheries policy, any
aid in favour of certain enterprises or products, of
whatever amount, may distort competition and affect
trade between Member States,
the so-called de minimis
rule (2) does not apply towards expenditure in connection
with the fishery and aquaculture sectors.

2. ANALYSIS OF THE VARIOUS CATEGORIES OF AID

2.1. Aid of a general nature

2.1.1. Under the conditions laid down in the following
points, aid may be deemed compatible where the
amount does not go beyond what
strictly
necessary in order to achieve the purpose of the
aid and is of a limited duration. The rate of aid for
all types of aid mentioned in this section must not
the total rate of
exceed,
national
subsidies permitted
under Annex IV of Regulation (EC) No 2792/1999.

in subsidy equivalent,
and Community

is

(cid:151) State aid which is granted without imposing any obli-
gation on the part of recipients and which is intended
to improve the situation of undertakings and increase
their business liquidity or is calculated on the quantity

(1) OJ C 74, 10.2.1998, p. 9.
(2) Commission notice on the de minimis rule for State aid (OJ C 68,

6.3.1996, p. 6).

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2.1.2. Aid for training and advisory services

2.1.2.1. Aid for

the

technical

and economic
training of persons working
in the
fisheries sector and aid to the provision
of advisory services in new techniques
and to technical or economic assistance
is deemed to be compatible with the
common market provided it is directed
improving the knowledge
exclusively at
of recipients so as to help them increase
the efficiency of their operations and to
enhance their awareness of fishery conser-
vation concerns. This
aid should be
available to all persons concerned on
objectively defined conditions.

Relevant Commission guidelines for State
aid in this area shall apply.

2.1.2.2. Aid in the form of advice to enterprises

Aid intended to promote better use of the
undertakings’ equipment, and in particular
aid for advice on financial and technical
management and data processing,
is in
principle compatible with the common
market, provided that the relevant advice
is not a continuous or periodic activity
and does not relate to the undertaking’s
usual operating expenditure.

2.1.3. Aid to research and experimental fishing

as

2.1.3.1. Aid schemes to assist research can be
regarded
the
common market on condition that they
comply with the Community framework
for State aids
research and devel-
opment (1).

compatible with

for

2.1.3.2. Aid to experimental fishing projects may
the
be granted provided their aim is
conservation of
fishery resources and
they implement more selective techniques.

2.1.4. Aid to product promotion and advertising

2.1.4.1. Aid to product promotion and advertising
may be regarded as being compatible with
the common market provided that:

(a) it concerns an entire sector or product
or group of products in such a way

that it does not promote the products
of one or more specific undertakings;

(b) it is compatible with Article 28 of the
EC Treaty pursuant to the Commission
communication
State
involvement in the promotion of agri-
cultural and fisheries products (2);

concerning

(c) the conditions

for granting it are
comparable with those laid down in
Article 14 and Annex III, point 3 of
Regulation (EC) No 2792/1999 and
are at least as stringent.

2.1.4.2.

In the case where official recogniton of
the product has been given pursuant to
Regulation (EEC) No 2081/92 aid may
be approved as of the date on which the
name has been entered in the register
provided for in Article 6(3) of this Regu-
lation.

2.1.5. Aid to promote new market outlets

Aid to find and promote new market outlets for
fishery and aquaculture products may be deemed
to be
common market
provided that it meets the conditions laid down
in Regulation (EC) No 2792/1999 and it
is
compatible with Article 28 of the EC Treaty.

compatible with the

2.2. Aid to sea-fishing

2.2.1. Aid for the permanent withdrawal of fishing vessels

Aid for the permanent withdrawal of fishing vessels
which is not linked to the purchase or construction
of new vessels is compatible with the common
market provided that it meets the requirements of
Regulatian (EC) No 2792/1999 for eligibility for
Community aid.

Aid for permanent transfer of
fishing vessels to
developing countries must be consistent with the
objectives in the area of development cooperation
as required by Regulation (EC) No 2792/1999.

Aid schemes for permanent withdrawal of fishing
vessels under conditions which differ from the
requirements of Regulation (EC) No 2792/1999
will be examined on a case-by-case basis. Any
such scheme must be of a limited duration.

(1) OJ C 45, 17.2.1996, p. 5.

(2) OJ C 272, 28.10.1986, p. 3.

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2.2.2. Aid for the temporary cessation of fishing

Aid for the temporary cessation of fishing may be
deemed compatible if it is intended to offset part of
the loss of
income associated with a temporary
cessation measure introduced under the circum-
stances laid down in Article 16 of Regulation
(EC) No 2792/1999.

for

Accompanying social measures for fishermen in
order to facilitate temporary cessation of fishing
activities
the
in the framework of plans
protection of aquatic resources, as laid down in
Article 12(6) of Regulation (EC) No 2792/1999,
may be deemed compatible, subject to notification
to the Commission of the plan concerned, which
should contain precise and measurable objectives
and a time frame. Evidence of the social
impact
of the plan and justification of special measures
going beyond the normal social security regime
shall be provided. Fishermen are only those
persons engaged on board of an operational
seagoing fishing vessel as a main occupation.

In both the above cases, aid may also be granted to
vessel owners in order to offset social security
costs.

Scientific and, where necessary, economic justifi-
cation of such aid shall accompany its notification
to the Commission. Measures must not go beyond
what is strictly necessary in order to attain the
objective pursued
limited
duration. Overcompensation shall be avoided.

and must

be of

Aid to restrict fishing activities which is introduced
for the purpose of helping to achieve the target
reductions in fishing effort under the multiannual
guidance programmes for Community fishing fleets
is not allowed.

2.2.3. Aid for investment in the fleet

subject

common market

2.2.3.1. Aid for the construction of new fishing
vessels may be deemed compatible with
to the
the
requirements of Articles 6, 7, 9 and 10
of, and Annex III (point 1.3) to, Council
(EC) No 2792/1999 and
Regulation
the State aid
provided that the sum of
does not exceed,
in subsidy equivalent,
the total rate of national and Community
subsidies fixed by Annex IV to that Regu-
lation. No aid may be granted to shipyards
for the construction of fishing vessels.

2.2.3.2. Aid for

the modernisation of commis-
sioned vessels may be deemed compatible
with the common market subject to the
requirements of Articles 6, 7, 9 and 10
(point 1.4) to, Regu-
of, and Annex III
lation (EC) No 2792/1999 and provided
the State aid does not
that
the total
exceed,
rate
Community
subsidies fixed by Annex IV to that Regu-
lation.

in subsidy equivalent,

sum of

national

and

of

2.2.3.3. Aid for the purchase of used vessels is
deemed compatible with the common
market
following
only
requirements are met:

the

all

if

(a) vessels can be used for fishing for a
further 10 years at least and, at the
time of
the purchase are not more
than 20 years old;

(b) its aim is to enable sea-fishermen to
acquire part ownership of vessels or
to replace vessels after their total loss;

(c) the rate of aid does not exceed,

in
subsidy equivalent, 20 % of the actual
cost of acquisition of the vessel.

for

the

construction
for

than 10 years
Any aid granted less
or
previously
modernisation of a vessel or
the
earlier purchase of the same vessel is reim-
bursed in proportion to the amount of
time elapsed. However, Member States
may waive this
the
purchaser in turn fulfils the conditions to
to
qualify for
assume the rights and obligations of the
previous beneficiary of
the aid. Cumu-
lation of aid is not allowed.

the aid and undertakes

reimbursement

if

The annual report mentioned at point 3.3
shall
individual aid
granted for the purchase of used vessels.

include a list of all

2.2.3.4. The premium to fishermen younger than
35 years, foreseen in Article 12(3)(d) of
Regulation (EC) No 2792/1999, may be
given in addition to the aid referred to
at point 2.3.3.3 under
the conditions
laid down in that Article and in Article
12(4)(f) of the same Regulation.

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A list of all individual aid granted under
this regime shall be included in the annual
report mentioned at point 3.3.

(b) the sum of State aid does not exceed,

in subsidy
equivalent, the total rate of national and Community
subsidies fixed by Annex IV to that Regulation.

2.2.4. Aid for rescue and restructuring firms in difficulty

2.4. Aid for port facilities

Aid aimed at rescuing and restructuring firms in
difficulty will be assessed in accordance with the
guidelines
rescue and restructuring
firms (1).

for aid for

Aid for fishing port facilities intended to assist landing
to fishing
operations and the provision of
vessels may be regarded as being compatible with the
common market provided that:

supplies

Aid aimed at
restructuring firms whose main
activity is fishing at sea may be granted only
when a plan designed to reduce the fleet capacity
has been submitted to the Commission.

(a) the conditions for granting it are comparable with
those laid down in Annex III (point 2.3) to Regulation
(EC) No 2792/1999 and are at least as stringent;

2.2.5. Aid for the creation of joint enterprises

Aid for the creation of joint enterprises may be
deemed compatible with the common market if it
meets the requirements of the Community rules
(Article 8 of, and Annex III to, Council Regulation
(EC) No 2792/1999) provided that the sum of the
State aid does not exceed, in subsidy equivalent, the
total rate of national and Community subsidies
fixed by Annex IV to that Regulation.

2.2.6. Aid for

improving management and monitoring of

fishing activities

Where a Member State adopts measures intended
to improve management or strengthen the moni-
fishing activities, going beyond the
toring of
minimum requirements
relevant
required
Community regulation, such aid may be considered
compatible with the common market subject to a
case-by-case examination. The aid must not go
beyond what
to
attain the objective pursued and may not extend
beyond a period of three years. Overcompensation
shall be avoided.

strictly necessary in order

by

is

2.3. Aid to processing and marketing in the fisheries

sector

Aid to investment in the processing and marketing of
fishery products may be deemed to be compatible with
the common market provided that:

(b) the sum of State aid does not exceed,

in subsidy
equivalent, the total rate of national and Community
subsidies fixed by Annex IV to that Regulation.

No aid may be granted to ports for the construction of
fishing vessels.

2.5. Protection and increase of aquatic resources

Aid for the protection and increase of aquatic resources in
coastal waters may be deemed to be compatible with the
common market provided that:

(a) the conditions for granting it are comparable with
those laid down in Annex III (point 2.1) to Regulation
(EC) No 2792/1999 and are at least as stringent;

(b) the sum of State aid does not exceed,

in subsidy
equivalent, the total rate of national and Community
subsidies fixed by Annex IV to that Regulation.

Restocking in sea water may be deemed compatible.

(a) the conditions for granting it are comparable with
those laid down in Annex III (point 2.4) to Regulation
(EC) No 2792/1999 and are at least as stringent;

(1) OJ C 288, 9.10.1999, p. 2.

2.6. Aid to producer associations

Aid to encourage the creation and facilitate the operation
of producer organisations recognised under Community
legislation may be allowed under
the conditions laid
down in Article 15(1) of Regulation (EC) No 2792/9919.

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for the
Aid intended to improve or provide support
activities of producer groups or associations other than
the producer organisations recognised under Community
legislation may be deemed to be compatible with the
common market provided that it takes the same form
and meets the same conditions as aid granted to such
recognised organisations and its rate does not exceed
80 % of the rate of aid granted to the latter.

Aid for measures implemented by members of the trade
or the organisations mentioned in Article 15 of Regu-
lation (EC) No 2792/1999, may be deemed to be
compatible with the common market provided that
it
meets the requirements of Article 15(2) and (3) of this
Regulation.

2.7. Aquaculture and freshwater fishing

fisheries (stocking with fry,

Aid for aquaculture and aid for investment in commercial
feshwater
restocking, and
and ponds) may be
installing/improving waterways
common market
the
compatible with
considered
provided that:

(cid:151) the conditions for granting it are comparable with
those laid down in Article 13 and Annex III
to
Council Regulation (EC) No 2792/1999 and are at
least as stringent,

(cid:151) the sum of State aid does not exceed,

in subsidy
equivalent, the total rate of national and Community
subsidies fixed by Annex IV to that Regulation.

2.8. Aid in the veterinary and health fields

Aid in the veterinary and health-protection fields (e.g.
veterinary fees, health checks, tests, screening, preventive
treatment, drugs, eradication action following outbreaks of
disease) may be deemed compatible with the common
market provided that there are national or Community
provisions which show that
competent public
the disease in question,
authority is concerned about
either by organising an eradication campaign, in particular
a compulsory scheme with compensation, or by intro-
ducing (cid:151) as a first step (cid:151) an early-warning system,
possibly combined with aid incentives to encourage indi-
viduals to take part on a voluntary basis in preventive
measures.

the

This will ensure that only action involving the public
interest, notably in view of the danger of contamination,
will attract aid to the exclusion of cases
in which
managers must reasonably themselves take responsibility
for the normal risks run by the firm.

The objectives of
the aid measures must be either
preventive, compensatory or mixed and in accordance
with the principles applied cancerning control of animal

diseases in Council Decision 90/424/EC (1) on expenditure
in the veterinary field.

2.9. Special cases

2.9.1. Public enterprises

These guidelines also apply to fishery undertakings
which are entirely or partly publicly owned.

2.9.2. Income aid

Income support to workers in the fisheries and
aquaculture sector and to workers employed in
the processing and marketing of fishery and aqua-
culture products may be considered compatible
with the common market provided it forms part
of socioeconomic back-up measures linked to the
adjustment or reduction of capacity or to excep-
tional circumstances to be assessed on a case-
by-case basis.

In case of
conditions set out in 2.2.2 apply.

temporary

cessation of

activity,

are

Early retirement aid for fishermen and individual
flat-rate premiums
compatible with the
common market, provided they comply with
Article 12(3)(a), (b) and (c) of Regulation (EC) No
2792/1999. Aid under conditions which differ
from those laid down in Article 12 will be
assessed on a case-by-case basis.

2.9.3. Aid to make good damage caused by natural disaster or

exceptional occurrences.

According to Article 87(2)(b) of the EC Treaty, aid
to make good damage caused by natural or excep-
tional occurrences is deemed to be compatible with
the common market. Once the existence of a
natural disaster or an exceptional occurrence has
been demonstrated, an aid of up to 100 % to
compensate for material damage is permitted.

Compensation should normally be calculated at the
level of the individual beneficiary and overcompen-
sation shall be avoided. Amounts received under an
insurance scheme or normal costs not incurred by
the beneficiary shall be deducted.

Damages which could be covered by an ordinary
commercial insurance contract or represent normal
enterprise risk are not entitled to attract aid.

Any compensation must be granted within three
years of the event to which it relates.

(1) OJ L 224, 18.8.1990, p. 19.

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When the Commission approves a general aid
scheme in respect of natural disasters, Member
States are asked to inform the Commission of the
intention to grant this support in the wake of a
natural disaster. In the case of aid to make good
damage caused by an exceptional occurrence,
Member States must make a notification for every
case where it is intended to grant aid.

Article 88(3) of the EC Treaty, supplying all the particulars
necessary for their assessment.

In the interest of accelerating the examination of aid
measures, Member States are advised to fill in the form
provided in Annex I.

2.9.4. Insurance premiums

insurance
Aid of up to 80 % of
losses caused
premiums to cover against risk of
by exceptional occurrences or natural disasters,
may be accepted.

the cost of

Aid towards the payment of insurance premiums
should not constitute a barrier to the operation of
the internal market for insurance services or hinder
for
its development. This would be the case,
instance, if the possibility to provide insurance is
limited to a single company or group of companies
or if it is stipulated that an insurance contract had
to be taken out with a company established in the
Member State concerned.

2.9.5. Outermost regions

Aid designed to meet
the needs of outermost
regions will be assessed on a case-by-case basis,
having regard to the provisions of Article 299(2)
of
the
the EC Treaty and the compatibility of
the
measures concerned with the objectives of
common fisheries policy and the potential effect
of the measures on competition in these regions
and in the other parts of the Community.

2.9.6. Aid for employment

Aids for employment will be assessed in accordance
with the Community Guidelines on aid for
employment (1).

According to Article 19 of Regulation (EC) No 2792/1999
Member States must notify all State aid projects to the
Commission,
from
including
Community co-financing.

those which

benefit

Where aid is granted without being notified beforehand or
before the Commission has taken a position on the draft
scheme, the Commission may, pursuant to Article 11 of
Regulation (EC) No 659/1999 laying down detailed rules
for application of Article 93 of the EC Treaty (2), adopt a
Decision requiring the Member State provisionally to
recover aids unduly paid. Where a negative decision is
the Member State
taken in the case of unlawful aid,
concerned shall be required to recover the aid from the
beneficiary, under the conditions laid down in Article 14
of that Regulation.

With regard to the impact of unlawfully granted aid on
the activities financed by the EAGGF Guarantee Section,
financed by the
any repercussions on expenditure
Guarantee Section will be taken into account during the
clearance of the accounts.

3.2. Proposals for appropriate measures

In accordance with Article 88(1) of the EC Treaty, the
Commission proposes that Member States amend their
existing aid schemes relating to aids in the fishery sector
to conform with these guidelines by 1 July 2001 at the
latest.

The Member States are invited to confirm that
accept
writing by 1 March 2001 at the latest.

for appropriate measures

these proposals

they
in

3. PROCEDURAL MATTERS

3.1. The implementation of

these guidelines presupposes
discipline both on the part of
the authorities in the
the Commission,
Member States and on the part of
particularly as regards the formal obligations to provide
notification and the time limits set for this purpose.

The Commission reminds the Member States of their duty
to notify aid schemes at the draft stage in accordance with

In the event that a Member State fails to confirm its
acceptance in writing before that date, the Commission
will assume that
the Member State concerned has
accepted these proposals, unless it explicitly indicates
its disagreement in writing.

Should a Member State not accept the whole or part of
the Commission will
these proposals by that date,
proceed in accordance with Article 19 of Regulation
(EC) No 659/1999.

(1) OJ C 334, 12.12.1995, p. 4.

(2) OJ L 83, 27.3.1999, p. 1.

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3.3. Annual report

3.4. Entry into force

Article 21 of Regulation (EC) No 659/1999 provides that
Member States are to submit to the Commission annual
reports on all existing aid schemes or individual aid
granted outside an approved aid scheme to which no
specific reporting obligations have been imposed in a
conditional decision. The annual report must contain
all relevant
information as indicated in the form in
Annex II.

Member States are also requested to transmit figures as
provided for in the relevant FIFG Commission Regu-
lation.

The Commission will apply these guidelines with effect
from 1 January 2001 to any State aid notified upon or
after that date.

An (cid:145)unlawful aid(cid:146) within the meaning of Article 1(f) of
Regulation (EC) No 659/1999 shall be appraised in
accordance with the guidelines prevailing at the time
when the aid is granted.

Information to be supplied pursuant to an Article 88(3) of the EC Treaty notification

ANNEX I

1. Member State.

1.1. Ministry or other administrative body with statutory responsibility for the scheme and its implementation.

1.2. Regional authority.

1.3. Other.

2. Title of aid scheme.

3. Legal basis (attach a copy of the legal basis or the draft legal basis if available at the time of notification).

4.

Is it a new scheme: yes/no.

4.1.

If the aid scheme replaces or alter an existing scheme or a scheme already authorised by the Commission, give
reference to the Commission aid number as well as to the Commission decision and specify which rules and
conditions are being changed.

5.

If this scheme is co-financed by a Community structural fund (especially FIFG), specify the reference of the
Commission Decisions.

6. Objectives of the scheme (tick as appropriate):

& fleet (decommissioning, export, construction, modernisation of fishing vessels, joint enterprises),

& aquaculture and freshwater fisheries,

& processing and marketing,

& advertising and product promotion,

& port facilities,

& socioeconomic measures,

& temporary cessation of fishing,

& research and development,

& fisheries stocks and monitoring of fishing activities,

& veterinary and health field,

& others.

7. Aid limitations or criteria:

7.1. specify any limits (number of employees, turnover, other) on recipients of aid or any other positive conditions

used to determine recipients;

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7.2. what are the instruments (or forms) of aid (tick as appropriate):

& direct grant,

& soft loan (including details of how the loan is secured),

& interest subsidy,

& tax relief,

& guarantee (including details of how the guarantee is secured and any charges made for the guarantee),

& other (specify);

7.3.

for each instrument of aid, give a precise description of its rules and conditions of application, including in
particular the rate of award, its tax treatment and whether the aid is accorded automatically once certain
ohjective criteria are fulfilled or whether there is an element of discretion by the awarding authorities;

7.4.

for each aid instrument, specify the eligible costs on which the aid is calculated (e.g.
equipment, personnel, training, consultants’ fees, etc.

land, buildings,

8. Give details if any aid is repayable where projects are successful or penalties (e.g. repayment) for failure by the

recipient to carry out the project.

9. Where there is more than one aid instrument, to what extent may a recipient cumulate several instruments?

10. Where aid scheme concerns permanent transfer of fishing vessels to developing countries, indicate how will it be
ensured that international law will be not infringed in particular with respect to conservation and management of
marine resources.

11. Duration of aid scheme (new or existing) in number of years.

12.

Expenditure:

12.1.

if a new scheme, give the budgetary provisions for the duration of the scheme, or estimated revenue losses
due to tax concessions; if the seheme is open-ended, state estimated annual expenditure over the next three
years;

12.2.

if an existing scheme, state budgetary appropriations for the duration of the scheme or an estimate of
revenue losses due to a fiscal aid. If the scheme is open-ended, provide as appropriate estimate of annual
expenditure, expenditure in last three years, estimated loss of revenue due to tax concessions in last three
years.

13.

Estimated number of recipients.

14.

It would be desirable for Member States to provide a fully reasoned justification as to why the scheme could be
considered as compatible with the common market. This text should include, where appropriate, the necessary
supporting documents (e.g. socioeconomic data on the recipient regions, scientific and economic justification).

15.

Contact point (names, phone, fax, e-mail).

ANNEX II

Information to be contained in the annual report

1. Reference to the Commission aid number and Commission Decision.

2. Title of the scheme.

3. Expenditure under the scheme for a given year; separate figures shall be provided for each aid instrument (see point

7.2 of Annex I) and objective of the scheme (see point 6 of Annex I).

4. Number of recipients.

5. Assessment of results.