CELEX: 32006R1935
Language: en
Date: 2006-12-20 00:00:00
Title: Commission Regulation (EC) No 1935/2006 of 20 December 2006 amending Regulation (EC) No 794/2004 implementing Council Regulation (EC) No 659/1999 laying down detailed rules for the application of Article 93 of the EC Treaty

30.12.2006         EN               Official Journal of the European Union                    L 407/1
                                                        I
                                 (Acts whose publication is obligatory)
                            Commission Regulation (EC) No 1935/2006
                                          of 20 December 2006
    amending Regulation (EC) No 794/2004 implementing Council Regulation (EC) No
  659/1999 laying down detailed rules for the application of Article 93 of the EC Treaty
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
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 Treaty 1, and in particular Article 27
thereof,
After consulting the Advisory Committee on State Aid,
Whereas:
(1)     Commission Regulation (EC) No 794/2004 2 has established a compulsory
        comprehensive State aid notification form. It has also laid down that the
        supplementary information needed for the assessment of a State aid measure has to be
        provided on the supplementary information sheets set out in the Annex to that
        Regulation.
(2)     Following the adoption by the Commission of the Community guidelines for State aid
        in the agricultural and forestry sector 2007 to 2013 3, the rules applied by the
        Commission in assessing the compatibility of State aid measures with the common
        market have changed. Since the notification form is a detailed questionnaire based on
        the applicable rules, it is necessary to amend parts of it.
(3)     It is therefore necessary to amend Regulation (EC) No 794/2004 accordingly.
1
        OJ L 83, 27. 3. 1999, p. 1.
2
        OJ L 140, 30. 4. 2004, p. 1. Regulation as amended by Regulation (EC) No 1627/2006 (OJ L 302,
        1.11.2006, p. 10).
3
        OJ C 314, 27.12.2006, p. 1.
 ---pagebreak--- L 407/2          EN            Official Journal of the European Union                  30.12.2006
HAS ADOPTED THIS REGULATION:
                                              Article 1
Annex I to Regulation (EC) No 794/2004 is amended in accordance with the Annex to this
Regulation.
                                              Article 2
This Regulation shall enter into force on the twentieth day following that of 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, 20 December 2006.
                                               For the Commission
                                               Mariann FISCHER BOEL
                                               Member of the Commission
                                             ________
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                                            ANNEX
In the Annex I to Regulation (EC) No 794/2004, Parts III.12.A to III.12.Q, are replaced by the
following:
 ---pagebreak--- L 407/4            EN            Official Journal of the European Union                   30.12.2006
                                       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
    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
4
  OJ C 314, 27.12.2006, p. 1.
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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?
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                 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
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    B.        Aids for investments in connection with the processing and marketing of
              agricultural products
    C.        Agri-environmental and animal welfare aid
    Cbis.      Nature 2000 payments and payments linked to Directive 2000/60/EC5
    D.        Aid to compensate for handicaps in certain areas
    E.        Aid for meeting standards
    F.        Aid for the setting up op young farmers
    G.        Aid for early retirement or for the cessation of farming activities
    H.        Aid for producer groups
    I.        Aid for land reparcelling
    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 premia
    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/EC6,
5
  Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a
          framework for Community action in the field of water policy (OJ L 327, 22.12.2000, p. 1).
 ---pagebreak--- L 407/8            EN               Official Journal of the European Union                     30.12.2006
    T.        Aids for the forest sector
6
  Council Directive 2003/96/EC of 27 October 2003 restructuring the Community framework for the taxation of
        energy products and electricity; OJ L 283, 31.10.2003, pp. 51 to 70.
 ---pagebreak--- 30.12.2006         EN                Official Journal of the European Union              L 407/9
                                               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;
7
         OJ C 314, 27.12.2006, p. 1.
 ---pagebreak--- L 407/10          EN             Official Journal of the European Union                 30.12.2006
                 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;
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                 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-
8
        Council Regulation (EC) No 1698/2005 of 20 September 2005 on support for rural development by the
        European Agricultural Fund for Rural Development (EAFRD) (OJ L 277, 21.10.2005, p. 1).
9
        Council Regulation (EEC) No 2019/93 of 19 July 1993 introducing specific measures for the smaller
        Aegean islands concerning certain agricultural products (OJ L 184, 27.7.1993, p. 1).
 ---pagebreak--- L 407/12           EN                Official Journal of the European Union                  30.12.2006
         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/EEC10 (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).
10
        Council Directive 91/676/EEC of 12 December 1991 concerning the protection of waters against
        pollution caused by nitrates from agricultural sources (OJ L 375, 31.12.1991, p. 1).
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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
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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?
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                 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
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         …
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:
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                         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.
 ---pagebreak--- L 407/18          EN              Official Journal of the European Union                  30.12.2006
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%)
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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
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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
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                                                  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 processing11 and marketing12 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–
                      16
                2013 ]
         1.1.4.        point IV.B.2. (d) [aid for intermediate companies in regions not eligible for
                regional aid]
11
   ‘processing of agricultural products’ means any operation on an agricultural product resulting in a product
         which is also an agricultural product, except on farm activities necessary for preparing an animal or
         plant product for the first sale .
12
   ‘marketing of agricultural products’ means holding or display with a view to sale, offering for sale, delivery or
         any other manner of placing on the market, except the first sale of a primary producer to resellers or
         processors and any activity preparing a product for such first sale; a sale by a primary producer to final
         consumers shall be considered as marketing if it takes place in separate premises reserved for that
         purpose.
13
   OJ C 319, 27.12.2006, p. 1.
14
   Commission Regulation (EC) No 70/2001, 12 January 2001;(OJ L 10, 13.1.2001, p. 33).
15
   OJ L 302, 1.11.2006, p. 29.
16
   OJ C 54, 4.3.2006, p. 13.
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    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 fulfill 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 fulfill the conditions set out in this Regulation?
                                            yes                      no
    If no, the aid does not fulfill 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 still would 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
    Does the aid fulfill the conditions set out in these Guidelines?
                                            yes                      no
17
   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; OJ L 140,
        30.4.2004, pp. 1 to 134.
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    If no, the aid does not fulfill 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.
18
   OJ L 302, 1.11.2006, p. 10.
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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 Islands19:........(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 2007–2013 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 2007-2013)
        2.2.2. intermediate enterprises in the meaning of Article 28 (3) of Council Regulation
              No 1698/200520 (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)
19
   Council Regulation (EEC) N. 2019/93 (OJ L 184, 27.7.93, p. 1).
20
   Council Regulation (EC) No 1698/2005 on support for rural development by the European Agricultural Fund
        for Rural Development (EAFRD), OJ L 277, 21.10.2005, p. 1
 ---pagebreak--- 30.12.2006         EN               Official Journal of the European Union               L 407/25
             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 fulfill 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 .........%
21
   Commission Recommendation of 6 May 2003 concerning the definition of micro, small and
medium-sized enterprises; OJ L 124, 20.5.2003, p. 36 to 41.
 ---pagebreak--- L 407/26          EN            Official Journal of the European Union                 30.12.2006
    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.
 ---pagebreak--- 30.12.2006        EN             Official Journal of the European Union                L 407/27
    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
         2007–2013?
                                           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,
 ---pagebreak--- L 407/28          EN              Official Journal of the European Union              30.12.2006
        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
 ---pagebreak--- 30.12.2006        EN             Official Journal of the European Union              L 407/29
        ……………………………………………………………………………….
        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 25million or the aid amount 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.
 ---pagebreak--- L 407/30           EN              Official Journal of the European Union                       30.12.2006
                                        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 ²23 .
•    Does the measure concern compensation to farmers who voluntarily give agri-
     environmental commitments (articles 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.
22
   OJ C 319, 27.12.2006, p. 1.
²23 Council Regulation (EC) No 1698/2005 on support for rural development by the European Agricultural Fund
         for Rural Development (EAFRD) (OJ L 277, 21.10.2005, p. 1).
 ---pagebreak--- 30.12.2006       EN              Official Journal of the European Union                L 407/31
•   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?
 ---pagebreak--- L 407/32          EN             Official Journal of the European Union                   30.12.2006
                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, reduce production costs;
                an environmentally-favourable extensification of farming and management of
                low-intensity pasture systems, improve and re-deploy production ;
                the conservation of high nature-value farmed environments, which are under
                threat 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 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
 ---pagebreak--- 30.12.2006         EN             Official Journal of the European Union                     L 407/33
        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 above mentioned 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
24
   Council Regulation (EC) No 1782/2003 establishing common rules for direct support schems under the
        common agricultural policy and establishing certain support schemes for farmers, OJ L 270,
        21.10.2003, p. 1
 ---pagebreak--- L 407/34        EN              Official Journal of the European Union                 30.12.2006
                       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)?
 ---pagebreak--- 30.12.2006         EN             Official Journal of the European Union                  L 407/35
                                 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 or/and
                 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?
     …………………………………………………………………………………
 ---pagebreak---  L 407/36           EN             Official Journal of the European Union               30.12.2006
 2. ELIGIBILITY CRITERIA
 2.1.     Will the aid be exclusively granted to farmers who give animal welfare commitments
          for a period 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 above mentioned 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)
 25
    OJ L 270, 21.10.2003, p. 1.
 ---pagebreak--- 30.12.2006         EN            Official Journal of the European Union                  L 407/37
          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
          ……………………………………………………………………………………………………
          …………………………………………………………………………..
      3.5Are 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
 ---pagebreak--- L 407/38          EN            Official Journal of the European Union             30.12.2006
     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 %)?
            …
 ---pagebreak--- 30.12.2006          EN               Official Journal of the European Union                           L 407/39
                                     PART III 12 C BIS.
             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 2007-2013 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 other costs 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
26
   Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a
           framework for Community action in the field of water policy (OJ L 327, 22.12.2000, p. 1).
27
   OJ C 319, 27.12.2006, p. 1.
28
   Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds (OJ L 103, 25.4.1979, p. 1).
29
   Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and
         flora (OJ L 206, 22.7.1992, p. 7).
 ---pagebreak--- L 407/40         EN            Official Journal of the European Union                30.12.2006
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
 ---pagebreak--- 30.12.2006         EN              Official Journal of the European Union                       L 407/41
                 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
                 …………………………………….………………………………………………………
                 ……………………………………………
30
   Council Regulation (EC) No 1782/2003 of 29 September 2003 establishing common rules for direct support
schemes under the common agricultural policy and establishing certain support schemes for farmers and
amending Regulations (EEC) No 2019/93, (EC) No 1452/2001, (EC) No 1453/2001, (EC) No 1454/2001, (EC)
No 1868/94, (EC) No 1251/1999, (EC) No 1254/1999, (EC) No 1673/2000, (EEC) No 2358/71 and (EC) No
2529/2001 (OJ L 270 of 21.10.2003 (OJ L 270, 21.10.2003, p. 1).
 ---pagebreak--- L 407/42          EN                Official Journal of the European Union                       30.12.2006
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
…………………………………….…………………………………………………………………………
…………………………
31
   Council Regulation (EC) No 1698/2005 of 20 September 2005 on support for rural development by
the European Agricultural Fund for Rural Development (EAFRD); OJ L 277, 21.10.2005, pp. 1 to 40.
 ---pagebreak--- 30.12.2006        EN            Official Journal of the European Union                L 407/43
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.
 ---pagebreak--- L 407/44           EN             Official Journal of the European Union             30.12.2006
                                    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:
32
   OJ C 319, 27.12.2006, p. 1.
 ---pagebreak--- 30.12.2006        EN             Official Journal of the European Union               L 407/45
    ………………………...………………………………………………………………….…
     ………………………………………………………………………………………………
     ……………………………………………………………………..………………………
     ……………………………………………………………..………………………………
     …………………………………………………...…………………………………………
     ………………………………………...……………………………………………………
     ………………………………………………………………………………………………
     ……………………
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:
 ---pagebreak--- L 407/46           EN               Official Journal of the European Union                    30.12.2006
     ………………………………………………………………………………………………
     ………………………………………………………………………………………………
     ……………………………………………………………….
    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?
33
   Council Regulation (EC) No 1257/1999 of 17 May 1999 on support for rural development from the
European Agricultural Guidance and Guarantee Fund (EAGGF) and amending and repealing certain
Regulations; OJ L 160, 26.6.1999, p. 80.
 ---pagebreak--- 30.12.2006        EN              Official Journal of the European Union                            L 407/47
                 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
34
   Council Regulation (EC) No 1782/2003 establishing common rules for direct support schemes under the
        common agricultural policy and establishing certain support scheme for farmers (OJ L 270, 21.10.2003,
        p. 1).
 ---pagebreak--- L 407/48          EN                Official Journal of the European Union                    30.12.2006
                yes                                  no
                          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/ECare 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 above
    mentioned 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
35
   Council Regulation (EC) No 1698/2005 of 20 September 2005 on support for rural development by
the European Agricultural Fund for Rural Development (EAFRD); (OJ L 277, 21.10.2005, p. 1).
 ---pagebreak--- 30.12.2006       EN             Official Journal of the European Union                L 407/49
   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
 ---pagebreak--- L 407/50         EN             Official Journal of the European Union                30.12.2006
                                           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:
        ………………………………………………………………………………..
36
   OJ …
 ---pagebreak--- 30.12.2006         EN             Official Journal of the European Union                L 407/51
     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
 ---pagebreak--- L 407/52              EN                     Official Journal of the European Union                                                 30.12.2006
     9.   Please demonstrate the above-mentioned 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
 ---pagebreak--- 30.12.2006          EN              Official Journal of the European Union                       L 407/53
                                       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 Regulation38 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 other activities 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 ;
37
   OJ C 319, 27.12.2006, p. 1.
38
   Council Regulation (EC) No 1698/2005 of 20 September 2005 on support for rural development by
the European Agricultural Fund for Rural Development (EAFRD); (OJ L 277, 21.10.2005, p. 1).
 ---pagebreak--- L 407/54          EN             Official Journal of the European Union                 30.12.2006
            •   the farmer is setting up on an agricultural holding as a 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
 ---pagebreak--- 30.12.2006        EN              Official Journal of the European Union                L 407/55
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 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
 ---pagebreak--- L 407/56          EN            Official Journal of the European Union              30.12.2006
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.
 ---pagebreak--- 30.12.2006          EN                Official Journal of the European Union             L 407/57
                                        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:
          ……………………………………………………………………………………..
39
          OJ C 319, 27.12.2006, p. 1.
 ---pagebreak--- L 407/58           EN               Official Journal of the European Union                   30.12.2006
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 N° 1698/200540, 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 N° 1698/2005, is less that 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?
        40
            Council Regulation (EC) No 1698/2005 of 20 September 2005 on support for rural
           development by the European Agricultural Fund for Rural Development (EAFRD) (OJ L
           277, 21.10.2005, p. 1).
 ---pagebreak--- 30.12.2006        EN               Official Journal of the European Union                  L 407/59
                                           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.
 ---pagebreak--- L 407/60          EN             Official Journal of the European Union               30.12.2006
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
                        4000€/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?
 ---pagebreak--- 30.12.2006        EN            Official Journal of the European Union                    L 407/61
                               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.
 ---pagebreak--- L 407/62           EN             Official Journal of the European Union              30.12.2006
                                 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
41
   OJ C 319, 27.12.2006, p. 1.
 ---pagebreak--- 30.12.2006        EN             Official Journal of the European Union                   L 407/63
        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
 ---pagebreak--- L 407/64          EN             Official Journal of the European Union                    30.12.2006
        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
 ---pagebreak--- 30.12.2006         EN                Official Journal of the European Union                            L 407/65
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;
42
   Commission Regulation (EC) No 1857/2006 of 15 December 2006 on the application of Articles 87 and 88 of
        the EC Treaty to State aid to small and medium-sized enterprises active in the production of agricultural
        products and amending Regulation (EC) 70/2001 (OJ L 358, 16.12.2006, p. 3).
 ---pagebreak--- L 407/66         EN            Official Journal of the European Union                 30.12.2006
                                   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.
 ---pagebreak--- 30.12.2006        EN            Official Journal of the European Union               L 407/67
    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
 ---pagebreak--- L 407/68          EN              Official Journal of the European Union                30.12.2006
    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.
 ---pagebreak--- 30.12.2006         EN           Official Journal of the European Union                  L 407/69
                                         PART III.12.I
        SUPPLEMENTARY INFORMATION SHEET ON AID FOR LAND
                                      REPARCELLING
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 reparcelling 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 reparcelling ?
                  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%)?: …
43
   OJ C 319, 27.12.2006, p. 1.
 ---pagebreak--- L 407/70           EN               Official Journal of the European Union                    30.12.2006
                                           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.
44
   OJ C 319, 27.12.2006, p. 1.
45
   Council Regulation (EC) No 1698/2005 of 20 September 2005 on support for rural development by
the European Agricultural Fund for Rural Development (EAFRD) (OJ L 277, 21.10.2005, p. 1).
 ---pagebreak--- 30.12.2006        EN             Official Journal of the European Union                 L 407/71
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;
 ---pagebreak--- L 407/72            EN              Official Journal of the European Union              30.12.2006
                  the costs for participation in measures referred to in article 14(2)(f) of
         Regulation No …/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 3000 per year and holding.
                  Note: Schemes which 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;
46
   OJ L 358, 16.12.2006, p. 3.
 ---pagebreak--- 30.12.2006       EN             Official Journal of the European Union             L 407/73
            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
 ---pagebreak--- L 407/74         EN             Official Journal of the European Union                   30.12.2006
    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:
 ---pagebreak--- 30.12.2006       EN             Official Journal of the European Union                  L 407/75
        (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.
 ---pagebreak--- L 407/76          EN             Official Journal of the European Union                   30.12.2006
    (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
 ---pagebreak--- 30.12.2006        EN             Official Journal of the European Union                    L 407/77
             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?
 ---pagebreak--- L 407/78          EN           Official Journal of the European Union             30.12.2006
                 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
 ---pagebreak--- 30.12.2006       EN              Official Journal of the European Union                L 407/79
                                       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,
47
   OJ C ….
 ---pagebreak--- L 407/80            EN               Official Journal of the European Union                      30.12.2006
                  - 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 50 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
48
    Council Regulation (EC) No 510/2006 of 20 March 2006 on the protection of geographical
indications and designations of origin for agricultural products and foodstuffs (OJ L 93, 31.3.2006
p. 12).
49
   OJ L 179, 14.7.1999, p. 1. Regulation as last amended by Regulation (EC) No 2165/2005.
50
    Council Regulation (EC) No 510/2006 of 20 March 2006 on the protection of geographical
indications and designations of origin for agricultural products and foodstuffs (OJ L 93, 31.3.2006
p. 12)
 ---pagebreak--- 30.12.2006         EN             Official Journal of the European Union                 L 407/81
            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 above mentioned 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 above mentioned 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.
 ---pagebreak--- L 407/82          EN             Official Journal of the European Union                   30.12.2006
        Please              describe                 the              envisaged          measures:
    ………………………………………………………………………………………………
    ………………………………………………………………………………
    1.5. Will the aid for the above mentioned 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 above mentioned 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
 ---pagebreak--- 30.12.2006        EN                Official Journal of the European Union                        L 407/83
    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 51, 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.
51
   Commission Regulation (EC) No 70/2001 of 12 January 2001 on the application of Articles 87 and 88 of the
        EC Treaty to State aid to small and medium-sized enterprises (OJ L 10, 13.1.2001, p. 3).
 ---pagebreak--- L 407/84          EN             Official Journal of the European Union                  30.12.2006
    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 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 Commission Regulation (EC) No1857 /2006 aid must not involve direct payments
         to producers.
 ---pagebreak--- 30.12.2006        EN             Official Journal of the European Union                      L 407/85
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 above-mentioned ceiling cannot be authorised.
 ---pagebreak--- L 407/86         EN              Official Journal of the European Union              30.12.2006
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)
                ……………………………………………………
 ---pagebreak--- 30.12.2006       EN              Official Journal of the European Union                   L 407/87
    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
 ---pagebreak--- L 407/88           EN               Official Journal of the European Union                            30.12.2006
                                         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 52.
  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 53 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%);
52
        OJ……
53
        Commission Regulation (EC) No 1857/2006 on the application of Articles 87 and 88 of the EC Treaty
        to State aid to small and medium-sized enterprises active in the production of agricultural products and
        amending Regulation (EC) 70/2001 (OJ L 358, 16.12.2006, p. 3).
 ---pagebreak--- 30.12.2006        EN             Official Journal of the European Union                L 407/89
                     •  ………….. 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.
 ---pagebreak--- L 407/90           EN             Official Journal of the European Union            30.12.2006
                                     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 54.
    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
         ¾ If no, please complete the notification form relevant to the type of aid
             (investment aid, technical support, etc).
         ¾ 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
54
   OJ C 319, 27.12.2006, p. 1.
 ---pagebreak--- 30.12.2006         EN               Official Journal of the European Union                              L 407/91
             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 55:
                      ……………………………………………………………..………………
                      ………
             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                                                                                       :
                      ……………………………………………………………………………….
                      ..
55
        The description should reflect how the authorities intend to ensure that the aid is given only in respect
        of the extra cost of transport of goods inside national borders, is calculated on the basis of the most
        economical form of transport and the shortest route between the place of production or processing and
        commercial outlets, and cannot be given towards the transport of the products of businesses without an
        alternative location.
 ---pagebreak--- L 407/92            EN                Official Journal of the European Union            30.12.2006
     5. In the case of Spain, is the aid intended for the production of tobacco in the
        Canary Islands 56?
                                                              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?
                       ……………………………………………………………..………………
                       ………
56
   Foreseen in Article 21 of Regulation (EC) No 247/2006 (OJ L 42, 14.2.2006, p. 1).
 ---pagebreak--- 30.12.2006         EN            Official Journal of the European Union              L 407/93
                                    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 57.
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?
57
   OJ C 319, 27.12.2006, p. 1.
 ---pagebreak--- L 407/94                  EN                     Official Journal of the European Union                         30.12.2006
…………………………………………………………………………
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?
...............................................................................................................
                                                                     58
2. AID TO COMPENSATE FARMERS                                             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 granted 59.
………………………………………………………………………………….
2.4. What is the threshold of loss, in relation to normal production of the relevant crop 60 in a
normal year, above which farmers will qualify for aid?
58
    That is, farmers to the exclusion of processing and marketing undertakings.
59
   Under Article 11(10) of the Exemption Regulation, aid must be disbursed within four years after the expenses
   or losses have been incurred.
60
     The reference to crops does not mean that livestock are excluded from aid. The principles set out in
   point V.B.3 of the Guidelines will apply mutatis mutandis to aid intended to compensate for losses involving
   livestock due to adverse weather.
 ---pagebreak--- 30.12.2006                EN                     Official Journal of the European Union                         L 407/95
...............................................................................................................
Please note that the Commission will declare aid granted for losses due to adverse weather
conditions compatible with Article 87(3)(c) of the Treaty only if those events can be
assimilated to natural disasters as defined by Article 2(8) of Regulation (EC) No
1857/2006 61. A climatic event may be assimilated to a natural disaster and qualify for
compensation when it destroys more than 30% of the normal crop production in question.
2.5. Please give normal production figures for each of the crops affected by the weather event
and eligible for compensation. Describe the method by which this figure has been arrived
at 62.
...............................................................................................................
2.6. In the case of damage to the means of production (e.g. destruction of trees), explain how
the threshold of loss to qualify for the aid has been calculated.
...........................................................................................................
2.7. Is the amount eligible for aid calculated as follows: (mean level of production in a given
normal period x average price for the same period) – (actual production during the year of the
event x average price for that year)?
...........................................................................................................
2.8. Are losses calculated for each individual holding or for a whole area? In the latter case,
please show that the averages used are representative and not likely to lead to considerable
over-compensation for some beneficiaries.
...........................................................................................................
61
   Commission Regulation (EC) No 1857/2006 of 15 December 2006 on the application of Articles 87 and 88 of
   the EC Treaty to state aid to small and medium-sized enterprises active in the production of agricultural
   products                                                                                                          and
   amending Regulation (EC) No 70/2001. Under point 126 of the guidelines, the Commission will declare aid
   granted for losses due to adverse weather conditions compatible with Article 87(3)(c) of the Treaty, if all
   conditions of Article 11 of Regulation (EC) No 1857/2006 are met.
62
    Normal gross annual production should be calculated either in proportion to the mean production of a farmer
   determined over the three preceding years or in proportion to the three-yearly average based on the five
   preceding years and excluding the top and bottom value. Other methods of calculating normal production
   (including regional reference figures) may however be accepted, provided that they are representative and not
   based on abnormally high production figures.
 ---pagebreak--- L 407/96                  EN                     Official Journal of the European Union                     30.12.2006
2.9. Will insurance payments be deducted from the amount eligible for aid?
...........................................................................................................
2.10. Will the normal costs no longer faced by the farmer (e.g. because there was no actual
harvest) be taken into account in calculating the aid?
...........................................................................................................
2.11. If such normal costs go up because of the weather event, is additional aid envisaged to
cover the extra costs? If yes, what percentage of the extra costs will the aid cover?
...........................................................................................................
2.12. Will aid be paid to compensate for damage caused by the weather event to buildings and
equipment? If yes, what percentage of the damage will it cover?
...........................................................................................................
2.13. Please indicate the maximum rate of public aid as a percentage of eligible damage 63:
……………………….. in less-favoured areas 64 (max. 90%);
……………………….. in other zones (max. 80%).
2.14. Will aid be paid directly to farmers or in some circumstances to the producer
organisations to which those farmers belong? In the latter case, what mechanisms will be used
to check that the amount of aid collected by a farmer will not be more than the losses
suffered?
...........................................................................................................
63
   This rate applies to the amount of aid as calculated according to the method indicated under 2.6 or 2.8, minus
            any insurance payments and normal costs not faced by the farmer, plus extra costs faced by the farmer
            as a result of the exceptional event.
64
   This rate applies to less-favoured areas or the areas referred to in Article 36(a)(i), (ii) and (iii) of Regulation
            (EC) No 1698/2005.
 ---pagebreak--- 30.12.2006         EN              Official Journal of the European Union                         L 407/97
2.15. From 1 January 2010 will the compensation granted be reduced by 50% if the farmer
concerned has not taken insurance covering at least 50% of mean annual production or of
income related to production and the statistically most frequent climatic risks in the Member
State or region concerned?
         yes                                        no
If no, please note that under point 126 of the Guidelines the Commission will declare aid
granted for losses due to adverse weather conditions compatible with Article 87(3)(c) of the
Treaty only if all conditions of Article 11 of Regulation (EC) No …/2006 are met and that this
condition is explicitly laid down by that Article 11. Please show too that, despite all
reasonable efforts, no financially accessible insurance policy covering the statistically most
frequent climatic risks in the Member State or region concerned was available at the time the
damage was incurred.
2.16 For aid pertaining to drought-related losses incurred after 1 January 2011, has the
Member State fully implemented Article 9 of Directive 2000/60/EC of the European
Parliament and of the Council 65 with regard to agriculture:
         yes                                        no
and does it guarantee that all costs for water services in the agricultural sector are recovered
from the sector (Article 11(9) of Regulation (EC) No …/2006)?
         yes                                        no
If no, please note that under point 126 of the Guidelines the Commission will declare aid
granted for losses due to adverse weather conditions compatible with Article 87(3)(c) of the
Treaty only if all conditions of [Article 11 of Regulation (EC) No …/2006] are met and that
the above two conditions are explicitly laid down by that Article 11.
65
         Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000
establishing a framework for Community action in the field of water policy (OJ L 327, 22.12.2000,
p. 1).
 ---pagebreak--- L 407/98                EN                     Official Journal of the European Union                                  30.12.2006
                                                             PART III.12.O
    SUPPLEMENTARY INFORMATION SHEET ON                                                                      AID FOR COMBATING
    ANIMAL AND PLANT DISEASES
This form must be used by Member States for the notification of any state aid measures
designed to compensate for damage to agricultural production or the means of agricultural
production as described by point V.B.4 of the Community Guidelines for State aid in the
agriculture and forestry sector 2007 to 201366.
    1. ANIMAL AND PLANT DISEASES
1.     What disease is involved?
       ...........................................................................................................
2.        Does this disease appear on the list of animal diseases drawn up by the World
          Organisation for Animal Health?
                      yes                                                         no
    If the disease has been caused by adverse weather
66
          OJ C 319, 27.12.2006, p. 1.
 ---pagebreak--- 30.12.2006              EN                     Official Journal of the European Union                           L 407/99
3.        Please answer the questions in the Information Sheet ‘Part III.12.N’, providing any
          relevant information for making the cause-and-effect link between the weather event
          and the disease.
    ...........................................................................................................
    If the disease has not been caused by adverse weather
4.        Is there provision for aid for firms involved in the processing and marketing of
          agricultural products?
                      yes                                                         no
    If yes, please refer to point 131 of the Guidelines.
5.     Has the aid scheme been introduced within three years of the expenses or losses?
                      yes                                                         no
6.     Please indicate the last date until which aid may be granted 67.
          ………………………………………………………………………………….
67
          Under Article 10(8) of the Exemption Regulation (Commission Regulation (EC) No 1857/2006 of 15
          December 2006 on the application of Articles 87 and 88 of the EC Treaty to state aid to small and
          medium-sized enterprises active in the production of agricultural products and amending Regulation
          (EC) No 70/2001, aid must be introduced within three years after the expenses or losses have been
          incurred. The aid must be disbursed within four years after the expenses or losses have been incurred.
 ---pagebreak--- L 407/100             EN                     Official Journal of the European Union                                 30.12.2006
7.    Please show that there are Community-level or national legislative, regulatory or
      administrative provisions empowering the authorities to act against the disease, either
      by adopting measures to eradicate it (in particular mandatory measures giving
      entitlement to financial compensation) or by establishing an early-warning system
      combined, where necessary, with aid to encourage private individuals to participate in
      prevention schemes on a voluntary basis68.
        ......................................................................................................
8.    Tick the applicable purpose of the aid scheme:
               preventative in that it involves screening measures or analyses, the extermination
               of pests which may transmit the disease, preventative vaccinations of animals or
               treatment of crops, and preventative slaughtering of livestock or destruction of
               crops;
               compensation, because the infected animals have to be slaughtered or the crops
               destroyed by order of, or on the recommendation of, the public authorities or
               because animals die as a result of vaccination or any other measure recommended
               or ordered by the competent authorities;
               combined prevention and compensation, because a programme to deal with losses
               resulting from the disease is subject to the condition that the beneficiaries must
               make a commitment to take subsequent appropriate preventive measures as
               ordered by the official authorities.
9.    Please show that the aid intended for controlling the disease is compatible with the
      specific aims and provisions of the European Union's veterinary or plant health
      legislation.
        ...........................................................................................................
68
        The programme must contain clear definitions of the diseases and parasitic infections, together with a
        description of the measures envisaged.
 ---pagebreak--- 30.12.2006            EN                     Official Journal of the European Union                                 L 407/101
10.    Please give a detailed description of the proposed control measures.
        ...........................................................................................................
11.    What will be the costs or losses covered by the aid?
        costs of health checks, tests and other screening measures, purchase and
        administration of vaccines, medicines and plant protection products, slaughter and
        destruction costs of animals and costs of destruction of crops;
        losses caused by animal or plant diseases or by parasite infections;
        loss of income caused by the difficulties involved in rebuilding herds or replanting
        crops, or by any period of quarantine or waiting period ordered or recommended by
        the competent authorities to enable eradication of the disease before herd rebuilding or
        crop replanting.
12.    Will aid designed to compensate costs of health checks, tests and other screening
       measures, purchase and administration of vaccines, medicines and plant protection
       products, slaughter and destruction costs of animals and costs of destruction of crops be
       granted through subsidised services without involving direct payments to farmers?
                    yes                                                         no
        If no, please refer to Article 10(1)(b) of Commission Regulation (EC) 1857/2006.
 ---pagebreak--- L 407/102         EN             Official Journal of the European Union                 30.12.2006
13.   Is the amount of aid for losses due to animal or plant diseases or parasite infections
      calculated in relation to:
        a.      the market value of animals killed or plants destroyed by the disease or parasite
                infection or of animals killed or plants destroyed by public order as part of a
                compulsory public prevention or eradication programme;
                                yes                                     no
                If no, please refer to Article 10(2)(a)(i) of Commission Regulation (EC)
                1857/2006.
        b.      income losses due to quarantine obligations and difficulties in restocking or
                replanting;
                        yes                                        no
14.   Please indicate the maximum aid intensity as a percentage of eligible costs.
        .......……... % of costs of health checks, tests and other screening measures, purchase
        and administration of vaccines, medicines and plant protection products, slaughter and
        destruction costs of animals and costs of destruction of crops (gross aid intensity may
        not exceed 100%).
        …………. % of the losses caused by animal or plant diseases (gross aid intensity may
        not exceed 100%).
15.   If aid is envisaged to make good the loss of profit due to any quarantine or waiting
      period imposed or recommended by the competent authorities to enable the elimination
      of the disease before the holding is restocked or replanted, or to any difficulties in
      restocking or replanting, please indicate all elements establishing that there is no risk of
      over-compensating the profit loss.
 ---pagebreak--- 30.12.2006             EN                     Official Journal of the European Union                                 L 407/103
         ...........................................................................................................
16.    Has Community aid been envisaged for the same purpose? If yes, indicate the date and
       references of the Commission decision approving it.
         ..........................................................................................................
17.    Will insurance payments be deducted from the amount of aid?
                     yes                                                         no
18.    Will the calculation of the aid take account of costs not incurred because of the disease,
       which would otherwise have been incurred?
                     yes                                                         no
    2. TSE TESTS
    1. Please indicate the maximum aid intensity for TSE TESTS as a percentage of eligible
         costs. Under Article 16(1) of Commission Regulation (EC) 1857/2006, aid may be
         granted for up to 100% of real costs incurred. Please note that Community payments
         regarding TSE TESTS must be included.
         ………………………%
    2. Does the measure relate to the obligatory BSE testing of bovine animals slaughtered
         for human consumption?
 ---pagebreak--- L 407/104         EN              Official Journal of the European Union                30.12.2006
                 yes                                        no
        Please note that the obligation to perform screening can be based on Community or
        national legislation.
    3. If yes, does the total direct and indirect aid for these tests exceed EUR 40 per
        individual test (including Community payments)?
                 yes                                        no
    4. If yes, please refer to the second subparagraph of Article 16(1) of Commission
        Regulation (EC) 1857/2006.
    5. Will the aid be paid directly to farmers?
                 yes                                        no
        If yes, please refer to Article 16(3) of Commission Regulation (EC) 1857/2006.
    3. FALLEN STOCK AND SLAUGHTERHOUSE WASTE
    1. Is the measure linked with a consistent programme for monitoring and ensuring the
        safe disposal of all fallen stock in the Member State?
                 yes                                        no
        If no, please refer to Article 16(2) of Commission Regulation (EC) 1857/2006.
 ---pagebreak--- 30.12.2006        EN             Official Journal of the European Union              L 407/105
    2. Is aid for fallen stock and slaughterhouse waste granted to processing and marketing
        firms?
                yes                                        no
        If yes, please refer to point 137(i) of the Guidelines.
    3. Will the aid to cover the costs of eliminating slaughterhouse waste produced after
        these Guidelines came into force?
                yes                                        no
        If yes, please refer to point 137(ii) of the Guidelines.
    4. Is the aid granted directly to producers?
                yes                                        no
        If yes, please refer to Article 16(3) of Commission Regulation (EC) 1857/2006.
    5. If no, will aid be paid to firms active downstream from the farmer, providing services
        linked to the removal and/or destruction of fallen stock?
                yes                                        no
        If no, please refer to Article 16(3) of Commission Regulation (EC) 1857/2006.
 ---pagebreak--- L 407/106        EN             Official Journal of the European Union                30.12.2006
    6. Please indicate the maximum aid intensity as a percentage of eligible costs.
            a. .......……... % of the costs of removal (max. 100%)
            b. .........…….. % of the costs of destruction (max.75%)
    7. Under Article 16(1)(a) of Commission Regulation (EC) 1857/2006, aid up to an
        equivalent amount may alternatively be granted towards the costs of premiums paid
        by farmers for insurance covering the costs of removal and destruction of fallen stock.
        Does the notified measure include this type of payments?
                yes                                       no
    8. Under Article 16(1)(b) of Commission Regulation (EC) 1857/2006, Member States
        may grant aid of up to 100% for costs of removal and destruction of carcasses where
        the aid is financed through fees or through compulsory contributions destined for the
        financing of the destruction of such carcasses, provided that such fees or contributions
        are limited to and directly imposed on the meat sector. Does the notified measure
        include this type of payments?
                yes                                       no
    9. Under Article 16(1)(c) of Commission Regulation (EC) 1857/2006, Member States
        may grant state aid of up to 100% for the costs of removal and destruction of fallen
        stock, where there is an obligation to perform TSE tests on the fallen stock concerned.
        Does such an obligation exist?
                yes                                       no
 ---pagebreak--- 30.12.2006          EN               Official Journal of the European Union                      L 407/107
                                         PARTIII.12.P
    SUPPLEMENTARY INFORMATION SHEET ON AID TOWARDS
                    THE PAYMENT OF INSURANCE PREMIA
     This form must be used by Member States for the notification of State aid measures which
     are designed to partially pay insurance premia of primary agricultural producers, as
     described by point V.B5 of the Community Guidelines for State aid in the agriculture and
     forestry sector 2007 to 2013 69
1. Does the aid measure foresee payment of insurance premiums in favour of large
    companies and/or companies active in the processing and marketing of agricultural
    products?
                                                             yes                 no
                    If yes, please note that pursuant to paragraph 142 of the Guidelines the
                    Commission cannot authorise such aid.
2. Please specify which losses will be covered by the insurance for which the premium will
    be partly financed under the notified aid measure:
                  Only losses caused by adverse climatic events which can be
                  assimilated to natural disasters, as defined in Article 2 point 8 of Commission
                  Regulation (EC) No XX/2006…70
                  The losses referred to above plus other losses caused by climatic
                  events.
69
   OJ C 319, 27.12.2006, p. 1.
70
         Commission Regulation (EC) No 1857/2006 of 15 December 2006 on the application of Articles 87 and
         88 of the EC Treaty to State aid to small and medium-sized enterprises active in the production of
         agricultural products and amending Regulation (EC) 70/2001.
 ---pagebreak--- L 407/108        EN              Official Journal of the European Union                30.12.2006
                Losses caused by animal or plant diseases or pest infestations (whether in
                combination with other losses mentioned in this point or not).
3.     What is the level of aid proposed?
                 …………………………………………………………………………
                 Please note that if only the first case above applies, the maximum aid rate is
                 80%, in all other cases (i.e. where box two and/or three has been ticked) 50%.
4.     Does the aid cover a re-insurance programme?
                                                         yes               no
                 If yes, please provide all necessary information to enable the Commission to
                 check possible aid components at the different levels involved (i.e. at the
                 level of the insurer and/or re-insurer) and the compatibility of the proposed
                 aid with the common market. In particular please submit sufficient
                 information to enable the Commission to check that the final benefit of the
                 aid is passed on to the farmer.
5.     Is the possibility of covering the risk linked to only one insurance company or group of
       companies?
                                                         yes               no
6.     Is the aid conditional on the insurance contract being concluded with a company
       established in the Member State concerned?
                                                         yes               no
                 Please note that under Article 12(3) of Commission Regulation (EC) No
                 1857/2006 the Commission cannot authorise aid towards insurance premiums
 ---pagebreak--- 30.12.2006 EN            Official Journal of the European Union                    L 407/109
           which constitute a barrier to the operation of the internal market for insurance
           services.
 ---pagebreak--- L 407/110         EN                Official Journal of the European Union              30.12.2006
                                       PART III.12.Q
       SUPPLEMENTARY INFORMATION SHEET FOR AID FOR
      CLOSING PRODUCTION, PROCESSING AND MARKETING
                                           CAPACITY
This form must be used for the notification of any state aid schemes designed to promote the
abandonment of capacity as described by chapter V.C. of the Community Guidelines for State
aid in the agricultural and forestry sector71.
     1.  REQUIREMENTS
   1.1. Does the planned scheme provide that ,
          -   the aid must be in the general interest of the sector concerned
          -   there must be a counterpart on the part of the beneficiary
          -   the possibility of the aid being for rescue and restructuring must be excluded and
              that
          -   there must be no over-compensation of loss of capital value and of future
              income?
                                              yes                      no
71
        OJ C 319, 27.12.2006, p. 1.
 ---pagebreak--- 30.12.2006        EN              Official Journal of the European Union                 L 407/111
        If no, please note that according to chapter V.C. of the Guidelines no aid can be
        granted if those conditions are not fulfilled.
•   “The aid must be in the general interest of the sector concerned”
    1.2. -What         is/are      the        sector(s)        covered   by    the       scheme?
         …………………………………………………………………………………………
         ……………………………………………………………………………..
    1.3. Is/are that/those sector(s) subject to production limits or quotas?
                                          yes                       no
         If yes, please describe…………………………………………..…………………
         …………………………………………………………………………………..
    1.4. Can that sector \those sectors be considered to be in excess of capacity either at
         regional or national level?
                                          yes                       no
        1.4.1. If yes:
             1.4.1.1.- Is the planned aid scheme coherent with any Community arrangements to
                    reduce production capacity?
                                          yes                       no
                 Please describe this arrangements and the measures taken to assure the
                 coherence…………………………………………………………………...
 ---pagebreak--- L 407/112          EN             Official Journal of the European Union               30.12.2006
              1.4.1.2.- Is the planned aid scheme part of a programme for the restructuring of
              the sector which has defined objectives and a specific timetable?
                                          yes                       no
              If yes, please describe the programme ………………………………………
              1.4.1.3- What is the duration of the planned aid scheme?……………………
                 Please note that according to point 147(b) of the guidelines the Commission
                 can only authorised this type of aid when they provide for a limited duration.
                 The duration of schemes aimed at reducing overcapacity should normally be
                 limited to a period of not more than six months for collecting applications for
                 participation and a further 12 months for actually closing down.
        1.4.2. If no, is the capacity being closed for sanitary or environmental reasons?
                                          yes                       no
                 If yes, please describe…………………………………………………….
    1.5. Can it be assured that no aid may be paid which would interfere with the mechanisms
         of the common organisations of the market (OCM) concerned?
                                          yes                       no
         If no, please note that according to point 147(e) of the Guidelines any aid interfering
         with the mechanisms of the OCM concerned cannot be authorised
    1.6. Is the aid scheme accessible to all economic operators in the sector concerned on the
         same conditions and a transparent system of calls for interest is used?
 ---pagebreak--- 30.12.2006         EN               Official Journal of the European Union                         L 407/113
                                            yes                       no
         If no, please note that according to point 147(k) of the Guidelines, to be authorised by
         the Commission the aid scheme must assure the respect of this condition.
    1.7. Are only enterprises fulfilling compulsory minimum standards eligible for aid?
                           yes                       no
         Please note that enterprises are excluded which do not fulfil these standards and
        which would be obliged to stop production anyway.
    1.8.        In case of open farmland or orchards: Which measures have been taken in order
          to avoid erosion or other negative effects on the environment?
         …………………………………………………………………………………………
         …………………………………………………………………………….
    1.9.          In case of installations covered by Council Directive 96/6172: Which measures
          have been taken in order to avoid any pollution risk and ensure that the site of
          operation is returned to a satisfactory state?
         …………………………………………………………………………………………
         …………………………………………………………………………….
•   “There must be a counterpart on the part of the beneficiary”
    1.10.         What is the nature of the counterpart required to the beneficiary by the planned
          scheme?…………………………………………………………………………………
          …………………………………………………………………………………………
          ………………………………………………………………………
72
   Council Directive 96/61/EC of 24 September 1996 concerning integrated pollution prevention and control (OJ
        L 257, 10.10.1996, p. 26).
 ---pagebreak--- L 407/114         EN             Official Journal of the European Union                 30.12.2006
    1.11.       Does it consist of a definitive and irrevocable decision to scrap or irrevocably
         close the production capacity concerned?
                        yes                       no
         1.11.1 If yes,
                        - can it be proved that these commitments are legally binding for the
                        beneficiary?
                                                  yes                   no
                        Please justify………………………………………………………..
                        - can it be assured that these commitments must also bind any future
                        purchaser of the facility concerned?
                                                  yes                   no
                        Please justify………………………………………………………..
        1.11.2.-        If no, please describe the nature of the counterpart on the part of the
                        beneficiary……………………………………………………..
                        Please note that according to point 147(g) of the guidelines where the
                        production capacity has already closed definitively, or where such
                        closure appears inevitable, there is no counterpart on the part of the
                        beneficiary, and aid may not be paid.
 ---pagebreak--- 30.12.2006         EN             Official Journal of the European Union                              L 407/115
•   “The possibility of the aid being for rescue and restructuring must be excluded”
1.12.- Does the planned scheme provides that, when the beneficiary of the aid is in financial
        difficulty, the aid will be assessed in accordance with the Community guidelines on
        rescue and restructuring of firms in difficulty73?
                          yes                       no
        If no, please note that according to point 147(j) of the Guidelines, the Commission
        cannot authorise an aid for the abandonment of capacity of a company in difficulties
        and that the aid must be evaluated under the rescue and/or restructuring aid.
•   “There must be no over-compensation of loss of capital value and of future income”
1.13.   Please specify what is the maximum amount of aid, if any, to be granted per
        beneficiary?
        …………………………………………………………………………………………
        …………………………………………………………………………….
1.14.   Is the amount of aid calculated on the basis of the loss of value of the assets plus an
        incentive payment which may not exceed 20% of the value of the assets, and
        eventually, the obligatory social costs resulting from the implementation of the
        scheme?
                          yes                       no
        73
           Community guidelines on State aid for rescuing and restructuring firms in difficulty (OJ C
           244, 1.10.2004, p. 2).
 ---pagebreak--- L 407/116         EN             Official Journal of the European Union                30.12.2006
        If no, please note that according to point 147(l) of the Guidelines, the amount of aid
        should be strictly limited to compensation for those items.
1.15.     Does the planned aid scheme provides that, where capacity is closed for other
          reasons than health or environmental, at least 50% of the costs of these aids should
          be met by a contribution from the sector, either through voluntary contributions or by
          means of compulsory levies?.
                        yes                       no
          If no, please note that according to point 147(m) of the Guidelines, the Commission
          cannot authorise the aid.
1.16      Does the planned scheme provide for the submission of an annual report on the
          implementation of the scheme?
                        yes                       no
 ---pagebreak--- 30.12.2006         EN            Official Journal of the European Union                 L 407/117
                                    PART III.12.R.
     SUPPLEMENTARY INFORMATION SHEET ON AID FOR THE
         PROMOTION AND ADVERTISING OF AGRICULTURAL
                                       PRODUCTS
This notification form must be used for State aid for advertising of products listed in Annex I
to the EC-Treaty.
Please note that promotion operations as defined as the dissemination to the general public of
scientific knowledge, the organisation of trade fairs or exhibitions, participation in these and
similar public relations exercises, including surveys and market research, are not considered
as advertising. State aid for such promotion in the broader sense is subject to points IV.j and
IV.k of the Community guidelines for State aid in the agriculture and forestry sector 2007-
201374.
1. ADVERTISING CAMPAIGNS WITHIN THE COMMUNITY
    1.1. Where will the measure be carried out?
                  On the market of another Member State
                  On the home market
         Who will carry out the advertising campaign ?
                 Producer groups or other organisations, regardless of their size
74
   OJ C 319, 27.12.2006, p. 1.
 ---pagebreak--- L 407/118             EN                     Official Journal of the European Union                                           30.12.2006
                    Others (please explain) :
        …
    1.2. Can your authorities submit samples or mock-ups of the advertising material to the
         Commission?
                    yes                                             no
         If not, please explain why.
        ....................................................................................................................
    1.3. Please provide an exhaustive list of the eligible expenses.
        .....................................................................................................................
    1.4. Who are the beneficiaries of the aid ?
                    farmers ;
 ---pagebreak--- 30.12.2006         EN              Official Journal of the European Union                    L 407/119
                  producer groups and/or producer organisations;
                 enterprises active in the processing and marketing of agricultural products;
                  others (please specify)
                  ……………………………………………………
    1.5. Can your authorities give the assurance that all producers of the products concerned
         are able to benefit from the aid in the same manner?
                  yes                               no
   1.6    Will the advertising campaign be earmarked for quality products defined as products
          fulfilling the criteria to be established pursuant to Article 32 of Regulation (EC) No
          1698/200575 ?
                          yes                       no
   1.7. Will the advertising campaign be earmarked for EU-recognized denominations with
          reference to the origin of the products ?
                          yes                       no
        75
           Council Regulation (EC) No 1698/2005 of 20 September 2005 on support for rural
           development by the European Agricultural Fund for Rural Development (EAFRD) (OJ L
           277, 21.10.2005, p. 1).
 ---pagebreak--- L 407/120         EN             Official Journal of the European Union                30.12.2006
   1.8. If yes, will the said reference correspond exactly to the references which have been
          registered by the Community ?
                         yes                      no
   1.9. Will the advertising campaign be earmarked for products using a national or regional
          quality label ?
                         yes                      no
   1.10. Does the label make any reference to the national origin of the products concerned?
                 yes                              no
   1.11. If yes, demonstrate that the reference to the origin of the products will be subsidiary
          in the message.
   1.12. Is the advertising campaign of generic character and in the benefit of all producers of
          the type of product concerned ?
                 yes                              no
   1.13. If yes, will the advertising campaign be carried out without reference to the origin of
         the products ?
                 yes                              no
 ---pagebreak--- 30.12.2006          EN            Official Journal of the European Union                  L 407/121
           If no, please note that under point VI.D of the Guidelines no aid may be granted for
           such campaigns.
    1.14. Will the advertising campaign be dedicated directly to the products of particular
           companies ?
                           yes                     no
           If yes, please note that under point VI.D of the Guidelines no aid may be granted for
           such campaigns.
    1.15. Will the advertising campaign comply with the provisions of article 2 of Directive
           2000/13/EC of the European Parliament and of the Council of 20 March 2000 on the
           approximation of the laws of the Member States relating to labelling, presentation
           and advertising of foodstuffs, as well as, where relevant, with the specific labelling
           rules laid down for various products (wine, dairy products, eggs and poultry)76?
                           yes                     no
           If no, please note that under point VI.D of the Guidelines no aid may be granted for
           such campaigns.
    1.16. The aid rate will be the following :
                  up to 50 % (indicate the exact rate : … %) because the sector will finance the
           rest of the campaign itself,
                  up to 100 % (indicate the exact rate : … %) because the sector will finance the
           rest of the campaign through parafiscal levies or compulsory contributions,
                  up to 100 % (indicate the exact rate : … %) because the advertising campaign
         is generic and in the benefit of all producers of the type of product concerned.
76
   OJ L 109, 6.5.2000, p. 29.
 ---pagebreak--- L 407/122          EN              Official Journal of the European Union                     30.12.2006
2. ADVERTISING CAMPAIGNS IN THIRD COUNTRIES
     2.1 Is the advertising campaign in line with the principles of Council Regulation (EC)
          No 2702/199977 ?
                          yes                         no
          If no, please note that under point VI.D of the Guidelines no aid may be granted for
          such campaigns.
          If yes, provide the elements demonstrating the compliance with the principles of
          Council Regulation (EC) No 2702/1999
     2.2. Is the advertising campaign granted towards specific enterprises ?
                          yes                         no
          If yes, please note that under point VI.D of the Guidelines no aid may be granted for
          such campaigns.
     2.3. Does the advertising campaign risk endangering sales of or denigrate products from
          other Member States ?
                          yes                         no
        If yes, please note that under point VI.D of the Guidelines no aid may be granted for
        such campaigns.
77
   Council Regulation (EC) No 2702/1999 of 14 December 1999 on measures to provide information on, and to
        promote, agricultural products in third countries (OJ L 327, 21.12.1999, p. 7)
 ---pagebreak--- 30.12.2006         EN               Official Journal of the European Union                        L 407/123
                                          PART III.12.S
      SUPPLEMENTARY INFORMATION SHEET ON AIDS LINKED TO TAX
                     EXEMPTIONS UNDER DIRECTIVE 2003/96/EC
This form must be used for the notification of any state aid measure linked to tax exemptions
under directive 2003/96/EC78.
1.      Which measure is envisaged ?
                  Tax reduction for motor fuels used in primary agricultural production
                  Tax reduction for energy products and electricity used in primary agricultural
                  production
2.      What is the level of the envisaged reduction ?
        …
3.      Under which article of Council Directive 2003/96/EC do you want to apply this
        exemption ?
        …
4.      Will there be any differentiation in the level of exemption within the sector concerned
        ?
           yes                                       no
5.      If the possibility of applying a level of taxation down to zero to energy products and
        electricity used for agriculture is repealed by the Council, will the exemption
        envisaged fulfil all the relevant provisions of the directive, without tax differentiation
        within the sector concerned ?
78
   Council Directive 2003/96/EC of 27 October 2003 restructuring the Community framework for the taxation of
        energy products and electricity (OJ L 283, 31.10.2003, p. 51).
 ---pagebreak--- L 407/124        EN            Official Journal of the European Union     30.12.2006
                yes                                      no
        Please indicate which article(s) of the directive will be applied
        …
 ---pagebreak--- 30.12.2006         EN             Official Journal of the European Union                  L 407/125
                                       PART III.12.T
      SUPPLEMENTARY INFORMATION SHEET ON AIDS FOR THE FOREST
                                            SECTOR
This form must be used for the notification of any state aid measure to support forestry
covered by Chapter VII of the Community Guidelines on State aid in the agriculture and
forestry sector79.
  1.   OBJECTIVE OF THE MEASURE
     1.1.      Does the measure contribute to maintaining, restoring or improving ecological,
               protective and recreational functions of forests, biodiversity and a healthy forest
               ecosystem or does it concern the eligible costs mentioned in points 175-181 in
               Chapter VII of the Guidelines?
                                       yes                                    no
           If not, please note that only measures concerning at least one of these objectives or
           eligible costs can be approved under this Chapter.
2. ELIGIBILITY CRITERIA
      2.1.        Does the measure exclude aid to forest based industries or for commercially
                  viable extraction of timber, transportation of timber or for the processing of
                  wood or other forestry resources into products or for energy generation?
                                       yes                                    no
                 If not, please note that aid for the above purposes is excluded from the scope of
                 this Chapter. Please refer to other State aid rules for such aid.
79
   OJ C 319, 27.12.2006, p. 1.
 ---pagebreak--- L 407/126          EN             Official Journal of the European Union             30.12.2006
3. TYPE OF AID
     3.1.     Does the measure include aid for planting, felling, thinning and pruning of trees
              and other vegetation (point VII.C. a)?
                 yes                                        no
              If yes, please indicate whether the eligible costs concern:
                 planting, felling and pruning in general
                 removal of fallen trees
                 restoring forests damaged by air pollution, animals, storms, floods fire or
          similar events
          If one of the above apply, please describe the measures and confirm that the primary
          objective of the measure is to maintain and restore forest ecosystem and biodiversity
          or the traditional landscape and that no aid is granted for felling whose primary
          purpose is commercially viable extraction of timber or for restocking where the
          felled trees are replaced by equivalent ones:
          …………………………………………………………………………………………
          …………………………………………………………………………………………
          …………………………………………………………………………………………
          ……………………………………………..
                 afforestation to increase forest cover
          Please describe the environmental reasons justifying the afforestation to increase
          forest cover and confirm that no aid will be granted for afforestation with species
          cultivated in the short term:
          …………………………………………………………………………………………
          …………………………………………………………………………………………
          …………………………………………………………………………………………
          ……………………………………………..
                 afforestation to promote biodiversity
          Please describe the measure and indicate the areas concerned:
          …………………………………………………………………………………………
          …………………………………………………………………………………………
          …………………………………………………………………………………………
          ……………………………………………..
 ---pagebreak--- 30.12.2006        EN               Official Journal of the European Union              L 407/127
                 afforestation to create wooded areas for recreational purposes
           Are the above wooded areas accessible to the public at no cost for recreational
           purposes? If not, is access restricted to protect sensitive areas?
           …………………………………………………………………………………………
           …………………………………………………………………………………………
           …………………………………………………………
                         afforestation to combat erosion and desertification or to promote a
                         comparable protective function of the forest
               Please describe the measures specifying theareas concerned, the protective
               function envisaged, tree species to be planted and any accompanying and
               maintenance measures to be undertaken:
               ……………………………………………………………………………………
               ……………………………………………………………………………………
               ……………………………………………………………………………………
               ……………………………………………………………………………………
               …………………………………………………………
                         other (please explain)
               ……...……………………………………………………………………………
               ………………………………………………………………………..
      3.2.    Does the measure include aid for maintaining and improving soil quality in
              forests and/or ensuring balanced and healthy tree growth (point VII.C. b)?
                         yes                                         no
              If yes, please indicate whether the eligible costs concern:
                         fertilisation
                         other soil treatments
              Please specify the type of fertilisation and/or other soil treatment
              ……………………………………………………………………………………
               ………………………………………………………………………..
                 reduction of excessive vegetation density
                 ensuring sufficient water retention and proper drainage
 ---pagebreak--- L 407/128         EN              Official Journal of the European Union                  30.12.2006
          Please confirm that the above measures will not reduce biodiversity, cause nutrient
          leaching or adversely affect natural water ecosystems or water protection zones and
          describe how this will be controlled in practice:
          …………………………………………………………………………………………
          …………………………………………………………………………………………
          …………………………………………………………………………………………
          ………………………………………………
     3.3.     Does the measure include aid for preventing, eradicating and treating pests, pest
              damage and tree diseases or preventing and treating damage done by animals or
              targeted measures to prevent forest fires (point VII.C. c)?
                 yes                                        no
              If yes, please indicate whether the eligible costs concern
                         prevention and treatment of pests and tree diseases and pest damage or
                         prevention and treatment of damage done by animals
             Please indicate the pests and diseases or animals in question:
              ……………………………………………………………………………….……
               ……………………………………………………………………………………
               ……………………………………………………………………………………
               ………………………………………………………………
              Please describe the prevention and treatment methods and mention any
               necessary products, appliances and materials. Are biological and mechanical
               prevention and treatment methods preferred when granting aid? If not, please
               demonstrate that they are not sufficient to fight the disease or pest in question:
              ……………………………………………………………………………………
               ……………………………………………………………………………………
               ……………………………………………………………………………………
               ……………………………………………………………………………………
               ……………………………………………………………………………………
               ……………………………………………………
                         targeted measures to prevent forest fires
              Please describe the measures:
              ……………………………………………………………………………………
               ……………………………………………………………………………………
               ……………………………………………………………………………………
               ………………………………………………………………
 ---pagebreak--- 30.12.2006         EN             Official Journal of the European Union               L 407/129
           Is aid granted to compensate for the value of stock destroyed by animals or on the
           order of the authorities to fight the disease or pest in question?
                  yes                                       no
                Please describe how the value of stock will be calculated and confirm that the
                compensation will be limited to the value thus determined:
               ……………………………………………………………………………………
                ……………………………………………………………………………………
                ……………………………………………………………………………………
                ………………………………………………………………
      3.4.     Does the measure include aid for the restoration and maintenance of natural
               pathways, landscape elements and features and the natural habitat for animals
               (point VII.C. d)?
                          yes                                       no
               If yes, please describe the measures:
                ……………………………………………………………………………………
                ……………………………………………………………………………………
                ……………………………………………………………………………………
                ……………………………………………………………………………………
                …………………………………………………………
      3.5.     Does the measure include aid for constructing, improving and maintaining forest
               roads and/or visitors’ infrastructures (point VII.C. e)?
                          yes                                       no
               If yes, please describe the measures:
                ……………………………………………………………………………………
                ……………………………………………………………………………………
                ……………………………………………………………………………………
                ……………………………………………………………………………………
                …………………………………………………………
           Are the forests and infrastructures used for recreation open to the public at no cost
           for recreational purposes?
                  yes                                       no
 ---pagebreak--- L 407/130          EN             Official Journal of the European Union                 30.12.2006
          If not, is access restricted to protect sensitive areas or to ensure the proper and safe
          use of the infrastructures? Please describe the restrictions and the reasons for
          imposing them:
          …………………………………………………………………………………………
          …………………………………………………………………………………………
          …………………………………………………………………………………………
          ………………………………………………
     3.6.      Does the measure include aid for the costs of information materials and activities
               (point VII.C. f)?
                  yes                                       no
               If yes, please describe the measures and confirm that the supported actions and
              materials disseminate general information concerning forests and do not contain
              references to named products or producers or promote domestic products:
          …………………………………………………………………………………………
          …………………………………………………………………………………………
          …………………………………………………………………………………………
          …………………………………………………………………………………………
          ……………………………………
     3.7.      Does the measure include aid for the costs of purchase of forestry land for nature
               protection purposes (point VII.C.g)?
                  yes                                       no
          If yes, please describe in detail the nature protection use of the forestry land in
          question and confirm that this land is entirely and permanently secured for nature
          protection by means of a statutory or contractual obligation:
          …………………………………………………………………………………………
          …………………………………………………………………………………………
          …………………………………………………………………………………………
          …………………………………………………………………………………………
          ……………………………………
     3.8. Does the measure include aid for the costs of afforestation of agricultural or
             non-agricultural land, establishment of agro forestry systems on agricultural land,
             Natura 2000 payments, forest-environment payments, restoring forestry potential
             and introducing prevention actions as well as non productive investments, pursuant
 ---pagebreak--- 30.12.2006          EN              Official Journal of the European Union                     L 407/131
              to Articles 43-49 of Regulation (EC) No 1698/20058081 or any replacing
              legislation?
                  yes                                         no
           If yes please demonstrate that the measure fulfils the conditions laid down in
           Articles 43-49 of Regulation (EC) No 1698/2005 or any replacing legislation:
           …………………………………………………………………………………………
           …………………………………………………………………………………………
           …………………………………………………………………………………………
           …………………………………………………………………………………………
           ……………………………………
      3.9.     Does the measure include aid for the additional costs and income foregone due to
               the use of environmentally friendly forest technology?
                  yes                                         no
           If yes, please describe in detail the technology used and confirm that it goes beyond
           the relevant mandatory requirements:
           …………………………………………………………………………………………
           …………………………………………………………………………………………
           …………………………………………………………………………………………
           …………………………………………………………………………………………
           ……………………………………
           Is the compensation paid on the basis of a voluntary commitment that the forest
           owner has entered and that satisfies the conditions of Article 47 of Regulation (EC)
           No 1698/2005 or any replacing legislation?
                  yes                                         no
           If not, please note that the aid cannot be authorized under Chapter VII of the
           Guidelines. If yes, describe the commitments:
           …………………………………………………………………………………………
           …………………………………………………………………………………………
           …………………………………………………………………………………………
           …………………………………………………………………………………………
           ……………………………………
80
   Council Regulation (EC) No 1698/2005 of 20 September 2005 on support for rural development by
the European Agricultural Fund for Rural Development (EAFRD) (OJ L 277, 21.10.2005, p. 1.)
81
   OJ C 319, 27.12.2006, p. 1.
 ---pagebreak--- L 407/132          EN             Official Journal of the European Union                30.12.2006
     3.10.    Does the measure include aid for the costs of purchase of forestry land (other
              than forestry land for environmental protection purposes, see point 3.7 above)?
                 yes                                        no
          If yes, please describe the measure and indicate the aid intensity:
          …………………………………………………………………………………………
          …………………………………………………………………………………………
          …………………………………………………………………………………………
          …………………………………………………………………………………………
          ……………………………………
     3.11.    Does the measure include aid for the costs of training, consultancy services, such
              as, establishment of business plans or forestry management plans, feasibility
              studies, as well as participation in competitions, exhibitions and fairs?
                 yes                                        no
          If yes please demonstrate that the measure fulfils the conditions laid down in
          Article 15 of the Exemption Regulation:
          …………………………………………………………………………………………
          …………………………………………………………………………………………
          …………………………………………………………………………………………
          …………………………………………………………………………………………
          ……………………………………
     3.12.    Does the measure include aid for the setting up of forestry associations?
                 yes                                        no
          If yes please demonstrate that the measure fulfils the conditions laid down in
          Article 9 of the Exemption Regulation:
          …………………………………………………………………………………………
          …………………………………………………………………………………………
          …………………………………………………………………………………………
          …………………………………………………………………………………………
          ……………………………………
     3.13.    Does the measure include aid in favour of vulgarisation of new techniques, such
              as reasonable small scale pilot projects or demonstration projects?
                 yes                                        no
          If yes please describe the measures and demonstrate that they fulfil the conditions set
          out in point 107 of the Guidelines:
          …………………………………………………………………………………………
          …………………………………………………………………………………………
 ---pagebreak--- 30.12.2006         EN             Official Journal of the European Union              L 407/133
           …………………………………………………………………………………………
           …………………………………………………………………………………………
           ……………………………………
4. AMOUNT OF AID
      4.1.     Is the aid for measures indicated under points 3.1-3.7 limited to 100 % of the
               eligible costs and overcompensation excluded?
                          yes                                       no
           Please describe how the exclusion of overcompensation will be controlled:
           …………………………………………………………………………………………
           …………………………………………………………………………………………
           …………………………………………………………
      4.2.     Is the aid for measures indicated under point 3.8 limited to the maximum
               intensity or amount laid down in Regulation (EC) No 1698/2005 or any replacing
               legislation?
                  yes                                       no
           Are the mesures indicated under point 3.8 being co-financed under Regulation (EC)
           No 1698/2005 or any replacing legislation or is such co-financing envisaged or
           possible?
                  yes                                       no
           If yes, please describe how any double funding leading to overcompensation will
           excluded:
           …………………………………………………………………………………………
           …………………………………………………………………………………………
           …………………………………………………………
      4.3.     Can the compensation for measures indicated under point 3.9 be granted above
               the maximum aid rate for aid under Article 47 fixed in the Annex of Regulation
               (EC) No 1698/2005, but in no case more than the demonstrated additional costs
               and income foregone?
                  yes                                       no
           In both cases, please indicate the aid amount and describe how it is calculated. If
           yes, please describe the specific circumstances and the effect of the measure to the
 ---pagebreak--- L 407/134         EN              Official Journal of the European Union               30.12.2006
          environment and present calculations showing that the additional amounts of aid are
          limited to the demonstrated additional costs and/or income foregone:
          …………………………………………………………………………………………
          …………………………………………………………………………………………
          …………………………………………………………………………………………
          …………………………………………………………………………………………
          ……………………………………
     4.4.     Is the aid for the measures indicated under point 3.10 is limited to the maximum
              aid intensity laid down in Article 4 of the Exemption Regulation for the purchase
              of agricultural land?
                 yes                                        no
          Please describe how the exclusion of overcompensation will be controlled:
          …………………………………………………………………………………………
          …………………………………………………………………………………………
          …………………………………………………………
     4.5.     Is the aid for measures indicated under points 3.11-3.13 limited to the maximum
              aid intensity laid down in the applicable rules of the Exemption Regulation or the
              Guidelines?
                 yes                                        no
          Please describe how the exclusion of overcompensation will be controlled:
          …………………………………………………………………………………………
          …………………………………………………………………………………………
          …………………………………………………………