Commission Regulation (EC) No 257/2009 of 24 March 2009 amending Regulation (EC) No 794/2004 as regards the supplementary information sheet for notification of aid to fisheries and aquaculture (Text with EEA relevance)
Date: 2009-03-24
Institutions: European Commission
Subjects: State aid, aquaculture, disclosure of information, exchange of information, fishing industry, small and medium-sized enterprises

27.3.2009

EN

Official Journal of the European Union

L 81/15

COMMISSION REGULATION (EC) No 257/2009

of 24 March 2009

amending Regulation (EC) No 794/2004 as regards the supplementary information sheet for
notification of aid to fisheries and aquaculture

(Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

Having regard to Council Regulation (EC) No 659/1999 of
22 March 1999 laying down detailed rules for the application
of Article 93 of the EC Treaty (1), and in particular Article 27
thereof,

After consulting the Advisory Committee on State Aid,

Whereas:

(1)

Following the adoption by the Commission of new
Community guidelines for the examination of State aids
to fisheries and aquaculture (2), the supplementary infor­
to
mation sheet contained in Part
Commission Regulation (EC) No 794/2004 of 21 April

III.14 of Annex I

(EC) No
2004 implementing Council Regulation
659/1999 laying down detailed rules for the application
of Article 93 of the EC Treaty (3) should be replaced by a
new supplementary information sheet in line with the
framework in force.

(2)

Regulation (EC) No 794/2004 should therefore be
amended accordingly,

HAS ADOPTED THIS REGULATION:

Article 1

III.14 of Annex I to Regulation (EC) No 794/2004 is

Part
replaced by the Annex to this Regulation.

Article 2

This Regulation shall enter into force on the 20th day following
its publication in the Official Journal of the European Union.

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

Done at Brussels, 24 March 2009.

For the Commission

Joe BORG
Member of the Commission

(1) OJ L 83, 27.3.1999, p. 1.
(2) OJ C 84, 3.4.2008, p. 10.

(3) OJ L 140, 30.4.2004, p. 1.

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ANNEX

‘PART III.14

SUPPLEMENTARY INFORMATION SHEET FOR AID TO FISHERIES AND AQUACULTURE

This supplementary information sheet must be used for the notification of any aid scheme or individual aid covered by
Guidelines for the examination of State aid to fisheries and aquaculture (the Guidelines).

OBJECTIVES OF THE SCHEME or AID (tick as appropriate and insert the required information):
This Section follows the order of the subparagraphs of paragraph 4 of the Guidelines: “Aid which may be declared compatible”.
 Point 4.1 of the Guidelines: Aid for measures of the same kind as those covered by a block exemption Regulation

General remarks concerning this kind of aid

Two block exemption regulations are in force: Commission Regulation (EC) No 736/2008 (1) which applies to the
fisheries and aquaculture sector and Commission Regulation (EC) No 800/2008 (2) which is the general exemption
regulation applying to all sectors.

Therefore, such aid should not in principle be notified.

However, according to recital 6 of Regulation No 736/2008 and recital 7 of Regulation No 800/2008, these regulations
should be without prejudice to the possibility for Member States of notifying State aid, the objectives of which correspond
to objectives covered by these Regulations.

In addition, the following kinds of aid cannot benefit from the exemption provided by Regulations (EC) No 736/2008
and (EC) No 800/2008: aid exceeding specified ceilings, as referred to in Article 1(3) of Regulation (EC) No 736/2008 or
in Article 6 of Regulation (EC) No 800/2008, or having specific characteristics, in particular aid granted to undertakings
other than SMEs, aid to undertakings in difficulty, non-transparent aid, aid for an undertaking which is subject to an
outstanding recovery order following a Commission decision declaring an aid incompatible with the common market.

Characteristics of the aid notified
 Aid of the same kind as aid covered by Regulation (EC) No 736/2008
 Aid of the same kind as aid covered by Regulation (EC) No 800/2008
 Aid exceeding the ceiling specified
 Aid granted to undertakings other than SMEs
 Aid which is not transparent
 Aid for an undertaking which is subject to an outstanding recovery
 Other characteristics: specify it

Compatibility with the common market

The Member State is requested to provide detailed and reasoned justification as to why the aid can be considered
compatible with the common market.

 Point 4.2 of the Guidelines: Aid falling within the scope of certain horizontal Guidelines

The Member State is requested to provide the reference to the relevant Guidelines which are considered to be applicable
to the aid measure concerned as well as a detailed and reasoned justification as to why the aid is considered compatible
with those Guidelines.

(1) OJ L 201, 30.7.2008, p. 16.
(2) OJ L 214, 9.8.2008, p. 3.

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The Member State is requested to complete also the other relevant summary information sheets annexed to this
Regulation.

— training aid — sheet in part III.2,

— employment aid — sheet in part III.3,

— aid for research and development — sheet in parts III.6.A or III.6.B as appropriate,

— aid for rescuing and restructuring firms in difficulty — sheet in parts III.7 or III.8 as appropriate,

— environmental aid — sheet III.10.

 Point 4.3 of the Guidelines: Aid for investment on board fishing vessels

The Member State is requested to provide the information demonstrating the compatibility of the aid with the conditions
set out in Article 25(2) and (6) of Council Regulation (EC) No 1198/2006 of 27 July 2006 on the European Fisheries
Fund (1).

It is also requested to provide a justification why this aid is not part of the operational programme co-financed by this
Fund.

 Point 4.4 of the Guidelines: Aid to make good damage caused by natural disaster, exceptional occurrences or specific adverse

climatic event

The Member State is requested to provide the following information demonstrating the compatibility of the aid:

— detailed information on the existence of a natural disaster or exceptional occurrence,

including technical and/or

scientific reports,

— proof of a causal link between the event and the damages,

— method of calculation of damages,

— other means of justification.

 Point 4.5 of

the Guidelines: Tax relief and labour

related costs concerning Community fishing vessels operating outside

Community waters

The Member State is requested to provide information demonstrating the compatibility of the aid with the conditions of
point 4.5 of the Guidelines.

That information must in particular include details showing the risk of deregistration from the fishing fleet register of the
vessels concerned by the scheme.

 Point 4.6 of the Guidelines: Aid financed through Para fiscal charges

The Member State is requested:

— to indicate how the funds acquired by means of the Para fiscal charges will be used and,

— to demonstrate how and on which basis their use is compatible with State aid rules.

In addition, it must show how the scheme will benefit both domestic and imported products.

(1) OJ L 223, 15.8.2006, p. 1.

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 Point 4.7 of the Guidelines: Aid for marketing of fishery products from the outermost regions

The Member State is requested to provide the information demonstrating the compatibility of the aid with the conditions
of this Point and the relevant conditions of Council Regulation (EC) No 791/2007 of 21 May 2007 introducing a scheme
to compensate for the additional costs incurred in the marketing of certain fishery products from the outermost regions
the Azores, Madeira, the Canary Islands, French Guiana and Réunion (1).

 Point 4.8 of the Guidelines: Aid concerning the fishing fleet in outermost regions

The Member State is requested to provide the information demonstrating the compatibility of the aid with the conditions
this Point and the relevant conditions of Council Regulation (EC) No 639/2004 of 30 March 2004 on the
of
fishing fleets registered in the Community outermost regions (2) and Council Regulation (EC) No
management of
2792/1999 of 17 December 1999 laying down the detailed rules and arrangements regarding Community structural
assistance in the fisheries sector (3).

 Point 4.9 of the Guidelines: Aid for other measures

The Member State is requested to describe very precisely the kind of aid and its objectives.

In addition,
it is requested to provide a detailed and reasoned justification on the compatibility of the aid with the
conditions of point 3 of the Guidelines and to demonstrate how this aid serves the objectives of the common fisheries
policy.

GENERAL PRINCIPLES

The Member State is requested to declare that no aid will be granted in respect of operations that the beneficiary has
already begun to implement and for aid for activities in which the beneficiary would already engage under market
conditions alone.

The Member State is requested to declare that no aid will be granted in circumstances where Community law, and in
particular the rules of the Common Fisheries Policy, are not complied with.

In that sense, the Member State is requested to declare that the aid measure explicitly provides that, during the grant
period, the beneficiaries of the aid shall comply with the rules of the Common Fisheries Policy and that, if during this
period it is found that the beneficiary does not comply with rules of the Common Fisheries Policy, the grant must be
reimbursed in proportion to the gravity of the infringement.

The Member State is requested to declare that the aid is limited to a maximum of 10 years, or, if this is not the case,
undertakes to re-notify the aid at least two months before the tenth anniversary of its entry into force.

OTHER REQUIREMENTS

The Member State is requested to provide a list of all supporting documents submitted with the notification as well as a
summary of those documents (e.g. socioeconomic data on the recipient regions, scientific and economic justification).

The Member State is requested to indicate that this aid is not cumulated with another aid for the same eligible expenses
or for the same compensation.

If such accumulation exists, the Member State is requested to indicate the references of the aid (aid scheme or individual
aid) with which there is accumulation and to demonstrate that the whole aid granted remains compatible with the
relevant rules. For that purpose, the Member State shall take into account every kind of State aid, including de minimis aid.

(1) OJ L 176, 6.7.2007, p. 1.
(2) OJ L 102, 7.4.2004, p. 9.
(3) OJ L 337, 30.12.1999, p. 10.’