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
Date: 2009-05-09
Institutions: Denmark
Subjects: Burgundy, Denmark, Italy, Netherlands, State aid, agricultural holding, control of State aid, exchange of information, livestock farming, meat product








C_2009107EN.01001201.xml










9.5.2009   


EN


Official Journal of the European Union


C 107/12





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 107/04
Aid No: XA 2/09
Member State: Denmark
Region: Denmark
Title of aid scheme or name of company receiving individual aid: Tilskud til certificerede partier af sædekorn og markfrø
Legal basis: Bekendtgørelsen nr. 1360 af 19. december 2008 om tilskud til certificerede partier af sædekorn og markfrø udstedt med hjemmel i Finansloven for finansåret 2009
Annual expenditure planned under the scheme or overall amount of individual aid granted to the company: DKR 10 000 000
Maximum aid intensity: 50 %
Date of implementation: Bekendtgørelse om tilskud til certificerede partier af sædekorn og markfrø træder (Order concerning grants for certified lots of cereal seed and other seed for sowing) enters into force on 1 January 2009, from which date aid may be paid under this scheme.
Duration of scheme or individual aid award: The scheme is financed by means of an appropriation under the Finance Act for 2009. Accordingly, aid under this scheme can be paid only in the period 1 January 2009 to 31 December 2009.
Objective of aid: The objective of the aid is to make grants to agricultural holdings (farms) active in the primary production of agricultural products to cover part of the costs of compulsory control measures related to the certification of cereal seed and other seed for sowing. The aid is to be granted in accordance with Article 14(2)(e) of Commission Regulation (EC) No 1857/2006.
Sector(s) concerned: The agricultural sector, in relation to cereal seed and other seed for sowing.
Name and address of the granting authority: 





Plantedirektoratet




Skovbrynet 20




2800 Kgs. Lyngby




DANMARK




Website: https://www.lovtidende.dk/Forms/L0700.aspx?s31=10&s19=1360&s32=2008
Other information: —
Aid No: XA 19/09
Member State: The Netherlands
Region: Provincie Fryslân (Friesland)
Title of aid scheme or name of company receiving individual aid: Subsidie agrarische bedrijfsverplaatsing en daaraan gerelateerde investeringskosten
Legal basis: 






—


Kadersubsidieverordening pMJP Fryslân 2009










—


Subsidieverordening pMJP Fryslân 2009, Hoofdstuk 1.1.3. Subsidie agrarische bedrijfsverplaatsing en daaraan gerelateerde investeringskosten










—


Wet inkomstenbelasting 2001, art. 3.54




Annual expenditure planned under the scheme or overall amount of individual aid granted to the company: Estimated annual expenditure: EUR 600 000
Estimated expenditure 2009-2013: EUR 3 million
Maximum aid intensity: In accordance with Articles 4 and 6 of Commission Regulation (EC) No 1857/2006, aid is to be granted to small and medium-sized farmers as follows:
Such investment is aimed in particular at:






—


reducing production costs,










—


improving and redeploying production,










—


improving quality,










—


preserving and improving the natural environment or improving hygiene conditions and animal welfare standards.




Eligible expenditure includes:






—


the 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,










—


general costs linked to the above mentioned expenditure, such as architects’, engineers’ and consultants’ fees, feasibility studies and the acquisition of patents and licences.




All small and medium-sized agricultural holdings in the area concerned which meet the conditions of the scheme are eligible for subsidy and may apply for subsidy.

No aid is to be granted to agricultural holdings which are in difficulty.

No aid is to be granted in breach of any prohibitions or restrictions laid down in Council regulations establishing common organisations of the market, even where such prohibitions and restrictions refer only to Community support.

No aid is to be granted in respect of:






—


the purchase of production rights, animals and annual plants,










—


the planting of annual plants,










—


drainage works or irrigation equipment and irrigation works, unless such investment leads to a reduction of previous water use of at least 25 %,










—


simple replacement investments.





No aid is to granted for the purchase of land.
The combined amount of the aid referred to in points 1-4 above does not exceed EUR 400 000.
Date of implementation: Implementation will begin after publication in the Official Journal of the European Union, as specified in Article 18(1) of Commission Regulation (EC) No 1857/2006, but not before approval by the provincial council or before publication of a decree on the entry into force of the Decree of 3 September 2007 amending the 2001 Income Tax Implementing Decree (Uitvoeringsbesluit inkomstenbelasting 2001), Stb. 2007, 328.
Duration of scheme or individual aid award: Until 31 December 2013
Objective of aid: Relocation of farms in the public interest, namely improvement of spatial or agricultural structures, improvement of the countryside, the landscape, water or the environment, and associated investment.
Agricultural undertakings sell their premises and all related farmland at the ‘old’ location to the Agricultural Land Management Office (Bureau Beheer Landbouwgronden — BBL) or to a regional authority for the price they would fetch on the open market (representative market value) and buy new premises and farmland to continue farming operations elsewhere. Eligible costs are as follows:
100 % of the actual relocation costs incurred where these relate to the dismantling, removal and re-erection of existing facilities, as well as the cost of advice, planning and searches for the purposes of relocation and tax payments in connection with relocation. The cost of advice, planning and searches includes: notary fees, land registry fees and consultancy fees in connection with relocation, such as estate agents’, accountants’ and architects’ fees, etc. However, the relocation of business premises also has fiscal consequences for the farmers concerned. Farmers who wind up their business for tax purposes in order to relocate their holding are obliged to pay tax on the hidden reserves and similar assets of their (old) farm. For farmers, this is an expense that is directly and inextricably linked to the relocation of their holding. Consequently, relocation is often not affordable for these farmers and agricultural holdings therefore remain in their old location (e.g. near vulnerable natural areas). This measure provides aid at a rate of up to 100 % of the costs incurred, in accordance with Article 6(2) of Regulation (EC) No 1857/2006.
40 % of the increase in the value of the facilities concerned after relocation, where relocation results in the farmer benefiting from more modern facilities, on condition that the farmer contributes at least 60 % of the related expenditure, in accordance with Article 6(3) of Regulation (EC) No 1857/2006.
40 % of the expenditure incurred to increase production capacity, where relocation leads to such an increase, on condition that the farmer contributes at least 60 % of the related expenditure, in accordance with Article 6(4) of Regulation (EC) No 1857/2006.
40 % of the investment connected with the relocation, subject to an application being submitted within two years following the execution of the relevant instrument, in accordance with Article 4 of Regulation (EC) No 1857/2006.
The amount of aid never exceeds EUR 400 000 per holding.
Sector(s) concerned: All small and medium-sized primary agricultural holdings that produce products listed in Annex I to the EC Treaty.
Name and address of the granting authority: 





Provincie Fryslân (Friesland)




Sneekertrekweg 1




Leeuwarden




Postbus 20120




8900 HM Leeuwarden




NEDERLAND




Website: http://www.fryslan.nl/regelgevingeuropa
gebruikersnaam: europa
wachtwoord: regelgeving
Other information: —
Aid No: XA 22/09
Member State: Italy
Region: Commissariato di Governo per l’Emergenza brucellosi negli allevamenti bufalini in provincia di Caserta e zone limitrofe (Government Office for the brucellosis emergency on buffalo farms in the Province of Caserta and surrounding areas)
Title of aid scheme or name of company receiving an individual aid award: Indennizzi connessi con l’attuazione del Piano Operativo per fronteggiare il rischio sanitario connesso alla diffusione della brucellosi negli allevamenti bufalini nel territorio della provincia di Caserta e zone limitrofe
Legal basis: Decreto del Presidente del Consiglio dei Ministri 3 agosto 2007 e successivo Decreto del Presidente del Consiglio dei Ministri 4 luglio 2008
Ordinanza del Presidente del Consiglio dei Ministri 21 Dicembre 2007 n. 3634 modificata con Ordinanza del Presidente del Consiglio dei Ministri 28 maggio 2008 n. 3675
Decreto Commissariale n. 4 del 6 maggio 2008 e Decreto Commissariale n. 10 del 31 luglio 2008
Decreto Commissariale n. 21 del 22 ottobre 2008
Decreto Commissariale n. 49 del 28 novembre 2008
Decreto ministeriale 27 dicembre 2007
Annual expenditure planned under the scheme or overall amount of individual aid granted to the company: 






—


Compensation in the form of one-off payments totalling EUR 37 million, as provided for in Article 3(1)(a) and (b) of Prime Ministerial Order (OPCM) No 3634/2007;










—


Compensation in the form of one-off payments totalling EUR 4 600 000, as provided for in Article 3(1)(c) of Prime Ministerial Order (OPCM) No 3634/2007.




Maximum aid intensity: 100 % of the losses incurred.
Date of implementation: From the date of publication of the registration number of the request for exemption on the website of the European Commission’s Directorate-General for Agriculture and Rural Development.
Duration of scheme or individual aid award: Until the end of the state of emergency referred to in the Prime Ministerial Decree (DPCM) of 3 August 2007, as subsequently amended, the date set being 31 December 2008; compensation may however be granted after that date if it relates to the slaughter of infected animals or actual restocking on a holding. Aid will in no case be granted more than four years after the event.
Objective of aid: Article 10(2):
Compensation under Law No 615 of 9 June 1964, as subsequently amended and supplemented, granted to eligible parties in respect of animals slaughtered under the Order of the Minister for of Health of 14 November 2006, net of any proceeds from the sale of the meat;
Further compensation in respect of market value on the date when the Order was issued (21 December 2007), as derived from the ISMEA bulletin, net of the value of any compensation granted under Law No 615 of 9 June 1964, as subsequently amended and supplemented, and of any proceeds from the sale of the meat;
losses of income due to quarantine obligations and difficulties in restocking;
The aid is granted subject to the farmer submitting an application and to the checks carried out by the Government Office being successful. Recipients are in each case given a clear statement of the amount of compensation to be granted and the calculation methods used. Aid may be granted until the funds set aside under OPCM No 3634/2007 have been exhausted.
Sector(s) concerned: Livestock sector
Name and address of the granting authority — Website: Commissariato di Governo per l’Emergenza brucellosi negli allevamenti bufalini in provincia di Caserta e zone limitrofe (Government Office for the brucellosis emergency on buffalo farms in the Province of Caserta and surrounding areas)
The integral text and related documentation may be consulted online (http://www.sito.regione.campania.it/agricoltura/brucellosi/brucellosi.html).
Other information: If circumstances require, the duration of the socio-economic state of emergency in the Province of Caserta and surrounding areas may be extended by Prime Ministerial Decree (DPCM) in order to deal with the animal health risks associated with the high incidence of brucellosis on buffalo holdings.
Aid No: XA 28/09
Member State: France
Region: Bourgogne
Title of aid scheme: Aide Régionale Jeune Agriculteur HCF (Hors Cadre Familial)
Legal basis: Code Général des collectivités territoriales, notamment son article L 1511-2
Circulaire DGFAR/SDEA/C2008-5002 (16.1.08)
Délibération du Conseil régional de Bourgogne.
Annual expenditure planned under the scheme: EUR 400 000
Maximum aid intensity: Aid ranging from EUR 3 375 to EUR 13 500 per farmer
Date of implementation: 2009
Duration of scheme: Until 2013
Objective of aid: This aid scheme complies with Article 7 of Commission Regulation (EC) No 1857/2006 of 15 December 2006.
The aim of the aid is to encourage and assist the setting up of farmers other than those taking over their family farm and who meet the following eligibility criteria:
they are below 40 years of age and are setting up for the first time on a farm as the head of the holding,
they possess sufficient skills and vocational qualifications, in accordance with European rules,
they submit an agricultural activity development plan,
they provide proof of membership of an agricultural insurance scheme (MSA — mutualité sociale agricole — mutual agricultural fund).
Aid is paid directly to the farmer.
This aid is distinct from the aid granted under the XA 25/07 scheme (programme for the establishment and development of local PIDIL initiatives (Programmes pour l'installation des jeunes en agriculture et le development des initiatives locales — Programmes to set up young farmers and develop local initiatives)).
Sector(s) concerned: Agriculture
Name and address of the granting authority: 





Conseil régional de Bourgogne




Direction de l’agriculture et du développement rural




17 boulevard de la Trémouille




BP 1602




21035 Dijon cedex




FRANCE




Website: http://www.cr-bourgogne.fr/documents/gda/2008-12/jeune_agriculteur.doc
Aid No: XA 32/09
Member State: France
Region: Bourgogne
Title of aid scheme: Conseil aux Agriculteurs
Legal basis: Code Général des collectivités territoriales, notamment son article L 1511-2
Délibération du Conseil régional de Bourgogne.
Annual expenditure planned under the scheme: EUR 600 000
Maximum aid intensity: 80 % of the sum of eligible expenses (engineering expenses, documentation, communication) for consultancy activities in the following areas:
Energy, agricultural waste, integrated production methods, optimising production in the context of territorial projects,
Agricultural equipment,
Diversification of activities,
Collective action to improve production methods in a particular sector (health and hygiene, genetics, input reduction).
Date of implementation: 2009
Duration of scheme: Until 2013
Objective of aid: This aid scheme complies with Article 15 of Commission Regulation (EC) No 1857/2006 of 15 December 2006.
These consultancy activities are temporary and unrelated to the normal running of the farms.
This aid scheme will fund the specific costs of the various actions carried out by collective structures in the agricultural sector. In accordance with points 3 and 4 of Article 15 of the Agricultural Exemption Regulation, no aid will be paid to farmers and anyone who is eligible will be able to have access to the actions carried out by the collective structures without being obliged to be a member of these structures.
Sector(s) concerned: All sectors of agricultural production.
Name and address of the granting authority: 





Conseil régional de Bourgogne




Direction de l’agriculture et du développement rural




17 boulevard de la Trémouille




BP 1602




21035 Dijon cedex




FRANCE




Website: http://www.cr-bourgogne.fr/documents/gda/2008-12/conseils_agriculteurs_agroequipt.doc
http://www.cr-bourgogne.fr/documents/gda/2008-12/conseils_agriculteurs_amelioration_modes_production.doc
http://www.cr-bourgogne.fr/documents/gda/2008-12/conseils_agriculteurs_diversification.doc
http://www.cr-bourgogne.fr/documents/gda/2008-12/conseils_agriculteurs.doc