Legalize / European Union / Implementing Regulation

Commission Implementing Regulation (EU) 2025/905 of 12 May 2025 amending Regulation (EC) No 794/2004 as regards an internal review mechanism to follow up on the findings of the Aarhus Convention Compliance Committee in case ACCC/C/2015/128 and other procedural updates

Type Implementing Regulation

Publication 2025-06-13

State In force

Text As published

Department European Commission, COMP

Source EUR-Lex

articles 2

This is the act as published. Later amendments are not folded into the text below: each one is a separate act in this repository and an entry in this law's history.

Reform history JSON API

5. Is aid granted producer groups or organisations or, up to the same overall amount, directly to producers to offset their contributions to the costs of running the groups or organisations during the first five years following the formation of the group? ☐yes ☐no


	5.	Is aid granted producer groups or organisations or, up to the same overall amount, directly to producers to offset their contributions to the costs of running the groups or organisations during the first five years following the formation of the group? ☐yes ☐no

6. Please indicate the eligible costs: (a) ☐the rental of suitable premises; (b) ☐the acquisition of office equipment, administrative staff costs, overheads, legal and administrative fees, the acquisition of computer hardware and the acquisition or usage fees of computer software, cloud and similar solutions;


	6.	Please indicate the eligible costs: (a) ☐the rental of suitable premises; (b) ☐the acquisition of office equipment, administrative staff costs, overheads, legal and administrative fees, the acquisition of computer hardware and the acquisition or usage fees of computer software, cloud and similar solutions;

7. Where the aid is granted for the purchase of premises mentioned in question 6(a) of this Information sheet, are the costs limited to rental costs at market rates? ☐yes ☐no


	7.	Where the aid is granted for the purchase of premises mentioned in question 6(a) of this Information sheet, are the costs limited to rental costs at market rates? ☐yes ☐no

8. Please confirm that no aid will be paid in respect of costs incurred after the fifth year from the recognition of the producer group or organisation by the competent authority of the Member State on the basis of its business plan: ☐yes ☐no


	8.	Please confirm that no aid will be paid in respect of costs incurred after the fifth year from the recognition of the producer group or organisation by the competent authority of the Member State on the basis of its business plan: ☐yes ☐no

9. Where the aid is paid in annual instalments, will the Member State pay the last instalment only after having checked the correct implementation of the business plan? ☐yes ☐no


	9.	Where the aid is paid in annual instalments, will the Member State pay the last instalment only after having checked the correct implementation of the business plan? ☐yes ☐no

10. Please indicate the aid intensity and the aid amount: … Please note that pursuant to point (593) of the Guidelines, aid intensity must not exceed 100 % of the eligible costs and pursuant to point (594) of the Guidelines, the total amount of aid must be limited to EUR 500 000:


	10.	Please indicate the aid intensity and the aid amount: … Please note that pursuant to point (593) of the Guidelines, aid intensity must not exceed 100 % of the eligible costs and pursuant to point (594) of the Guidelines, the total amount of aid must be limited to EUR 500 000:

11. In case of providing aid directly to producers to offset their contributions to the cost of running the group or organisations during the first five years following the formation of the group or organisation, can you confirm that the aid may be granted up to the same overall amount? ☐yes ☐no


	11.	In case of providing aid directly to producers to offset their contributions to the cost of running the group or organisations during the first five years following the formation of the group or organisation, can you confirm that the aid may be granted up to the same overall amount? ☐yes ☐no

OTHER INFORMATION

Please indicate any other information considered relevant to the assessment of the measure concerned under this Section of the Guidelines.

…

2.8. SUPPLEMENTARY INFORMATION SHEET ON OTHER AID TO THE FORESTRY SECTOR WITH ECOLOGICAL, PROTECTIVE AND RECREATIONAL OBJECTIVES This information sheet must be used in relation to State aid in the forestry sector with ecological, protective and recreational objectives as described in Part II., Section 2.8. of the European Union Guidelines for State aid in the agricultural and forestry sectors and in rural areas ('the Guidelines').


	2.8.	SUPPLEMENTARY INFORMATION SHEET ON OTHER AID TO THE FORESTRY SECTOR WITH ECOLOGICAL, PROTECTIVE AND RECREATIONAL OBJECTIVES This information sheet must be used in relation to State aid in the forestry sector with ecological, protective and recreational objectives as described in Part II., Section 2.8. of the European Union Guidelines for State aid in the agricultural and forestry sectors and in rural areas ('the Guidelines').

1. COMMON PROVISIONS


	1.	COMMON PROVISIONS

1.1. Please confirm that the primary objective of the State aid measure is to maintain, improve or restore ecological, protective and recreational functions of forests, biodiversity and a healthy forest ecosystem: ☐yes ☐no


	1.1.	Please confirm that the primary objective of the State aid measure is to maintain, improve or restore ecological, protective and recreational functions of forests, biodiversity and a healthy forest ecosystem: ☐yes ☐no

1.2. Please describe how the measures directly contribute to maintaining or restoring the ecological, protective and recreational functions of forests, biodiversity and a healthy forest ecosystem: …


	1.2.	Please describe how the measures directly contribute to maintaining or restoring the ecological, protective and recreational functions of forests, biodiversity and a healthy forest ecosystem: …

1.3. Please confirm that no aid will be granted to forest-based industries or for commercially viable extraction of timber or for transportation of timber or the processing of wood or other forestry resources into products or for energy generation. ☐yes ☐no


	1.3.	Please confirm that no aid will be granted to forest-based industries or for commercially viable extraction of timber or for transportation of timber or the processing of wood or other forestry resources into products or for energy generation. ☐yes ☐no

1.4. Please confirm that no aid will be granted for felling the primary purpose of which is the commercially viable extraction of timber or for restocking where the felled trees are replaced by equivalent ones. ☐yes ☐no


	1.4.	Please confirm that no aid will be granted for felling the primary purpose of which is the commercially viable extraction of timber or for restocking where the felled trees are replaced by equivalent ones. ☐yes ☐no

1.5. Please indicate the aid intensity: … Please note that pursuant to point (598) of the Guidelines, aid for all measures referred to in Section 2.8. of the Guidelines must not exceed 100 % of eligible costs.


	1.5.	Please indicate the aid intensity: … Please note that pursuant to point (598) of the Guidelines, aid for all measures referred to in Section 2.8. of the Guidelines must not exceed 100 % of eligible costs.

1.6. Is aid granted to undertakings active in the forestry sector? ☐yes ☐no


	1.6.	Is aid granted to undertakings active in the forestry sector? ☐yes ☐no

2. CATEGORIES OF AID


	2.	CATEGORIES OF AID

2.1. ☐ Aid for specific forest actions and interventions with the primary objective to contribute to maintaining or to restoring forest ecosystem and biodiversity or the traditional landscape.


	2.1.	☐ Aid for specific forest actions and interventions with the primary objective to contribute to maintaining or to restoring forest ecosystem and biodiversity or the traditional landscape.

2.1.1. Please confirm that the primary objective of aid for planting, pruning, thinning and felling of trees and other vegetation in existing forests, the removal of fallen trees, and the planning costs of such measures, aid for the costs of treating and preventing the spreading of pests, tree diseases and invasive alien species and aid to make good the damage caused by the pests and tree diseases and invasive alien species, is to contribute to maintaining or to restoring forest ecosystem and biodiversity or the traditional landscape: ☐yes ☐no


	2.1.1.	Please confirm that the primary objective of aid for planting, pruning, thinning and felling of trees and other vegetation in existing forests, the removal of fallen trees, and the planning costs of such measures, aid for the costs of treating and preventing the spreading of pests, tree diseases and invasive alien species and aid to make good the damage caused by the pests and tree diseases and invasive alien species, is to contribute to maintaining or to restoring forest ecosystem and biodiversity or the traditional landscape: ☐yes ☐no

2.1.2. Please describe the measure in more details: …


	2.1.2.	Please describe the measure in more details: …

2.1.3. Please specify the eligible costs of the aid for treating and preventing the spreading of pests, tree diseases and invasive alien species and aid to make good the damage caused by the pests, tree diseases and invasive alien species: (a) ☐costs for preventive and treatment measures, including soil preparation for replanting, and the products, appliances and materials necessary for such measures. Where the aid is granted for these costs, please confirm that the principles of integrated pest management set out in Article 14 of and Annex III to Directive 2009/128/EC ²²² are complied with, in particular for what concerns the use of plant protection products, as required by Article 55 of Regulation (EC) No 1107/2009 [^ntr549-L_202500905EN.000501-E0549]: ☐yes ☐no (b) ☐loss of stock and restocking costs up to the market value of the stock destroyed on the order of the authorities to fight the disease or pest in question. When calculating the increment loss, the potential increment of the stock destroyed until the normal felling age may be taken into consideration.


	2.1.3.	Please specify the eligible costs of the aid for treating and preventing the spreading of pests, tree diseases and invasive alien species and aid to make good the damage caused by the pests, tree diseases and invasive alien species: (a) ☐costs for preventive and treatment measures, including soil preparation for replanting, and the products, appliances and materials necessary for such measures. Where the aid is granted for these costs, please confirm that the principles of integrated pest management set out in Article 14 of and Annex III to Directive 2009/128/EC ²²² are complied with, in particular for what concerns the use of plant protection products, as required by Article 55 of Regulation (EC) No 1107/2009 [^ntr549-L_202500905EN.000501-E0549]: ☐yes ☐no (b) ☐loss of stock and restocking costs up to the market value of the stock destroyed on the order of the authorities to fight the disease or pest in question. When calculating the increment loss, the potential increment of the stock destroyed until the normal felling age may be taken into consideration.

2.2. ☐Aid for maintaining and improving the soil quality and ensuring a balanced and healthy tree growth in the forestry sector.


	2.2.	☐Aid for maintaining and improving the soil quality and ensuring a balanced and healthy tree growth in the forestry sector.

2.2.1. Is aid granted for maintaining and improving the soil quality in forests and ensuring balanced and healthy tree growth? ☐yes ☐no


	2.2.1.	Is aid granted for maintaining and improving the soil quality in forests and ensuring balanced and healthy tree growth? ☐yes ☐no

2.2.2. Please describe the measure in more details: …


	2.2.2.	Please describe the measure in more details: …

2.2.3. Do the measures include soil improvement by fertilisation and other treatments to maintain its natural balance, reducing excessive vegetation density and ensuring sufficient water retention and proper drainage, including their planning costs? ☐yes ☐no


	2.2.3.	Do the measures include soil improvement by fertilisation and other treatments to maintain its natural balance, reducing excessive vegetation density and ensuring sufficient water retention and proper drainage, including their planning costs? ☐yes ☐no

2.2.4. Is aid granted for the planning costs of such measures? ☐yes ☐no


	2.2.4.	Is aid granted for the planning costs of such measures? ☐yes ☐no

2.2.5. Please explain how it is ensured that the measures do not reduce biodiversity, cause nutrient leaching or adversely affect natural water ecosystems or water protection zones. …


	2.2.5.	Please explain how it is ensured that the measures do not reduce biodiversity, cause nutrient leaching or adversely affect natural water ecosystems or water protection zones. …

2.3. ☐Aid for restoration and maintenance of natural pathways, landscape elements and features and natural habitat for animals in the forestry sector.


	2.3.	☐Aid for restoration and maintenance of natural pathways, landscape elements and features and natural habitat for animals in the forestry sector.

2.3.1. Are the eligible costs linked to restoration and maintenance of natural pathways, landscape elements and features and the natural habitat for animals, including planning costs? ☐yes ☐no


	2.3.1.	Are the eligible costs linked to restoration and maintenance of natural pathways, landscape elements and features and the natural habitat for animals, including planning costs? ☐yes ☐no

2.3.2. Please describe the measure and eligible costs in more details: …


	2.3.2.	Please describe the measure and eligible costs in more details: …

2.3.3. Please confirm that measures aiming at the implementation of Directive 92/43/EEC ²²⁴ and Directive 2009/147/EC ²²⁵ are excluded from this type of aid (those measures must be covered by the form related to Section 2.2 of Part II. of the Guidelines). ☐yes ☐no


	2.3.3.	Please confirm that measures aiming at the implementation of Directive 92/43/EEC ²²⁴ and Directive 2009/147/EC ²²⁵ are excluded from this type of aid (those measures must be covered by the form related to Section 2.2 of Part II. of the Guidelines). ☐yes ☐no

2.4. ☐Aid for maintaining roads to prevent forest fires


	2.4.	☐Aid for maintaining roads to prevent forest fires

2.4.1. Please confirm that aid for maintaining roads aims at preventing forest fires: ☐yes ☐no


	2.4.1.	Please confirm that aid for maintaining roads aims at preventing forest fires: ☐yes ☐no

2.4.2. Please describe the aid measure: …


	2.4.2.	Please describe the aid measure: …

2.4.3. Please describe the link between the objective of the aid (preventing forest fires) and the road maintenance: …


	2.4.3.	Please describe the link between the objective of the aid (preventing forest fires) and the road maintenance: …

2.5. ☐ Aid to make good the damage in forests caused by protected animals.


	2.5.	☐ Aid to make good the damage in forests caused by protected animals.

2.5.1. Have reasonable preventive measures proportionate to the risk of damage by the protected animals in the forest area concerned been taken? ☐yes ☐no In case of impossibility to take such reasonable preventive measures, please explain why no preventive measures are possible: …


	2.5.1.	Have reasonable preventive measures proportionate to the risk of damage by the protected animals in the forest area concerned been taken? ☐yes ☐no In case of impossibility to take such reasonable preventive measures, please explain why no preventive measures are possible: …

2.5.2. Please confirm that the direct causal link between the damage suffered and the behavior of the animals is established: ☐yes ☐no


	2.5.2.	Please confirm that the direct causal link between the damage suffered and the behavior of the animals is established: ☐yes ☐no

2.5.3. Please confirm that the aid scheme has been established within three years from the occurrence of the event causing the damage and that the aid will be paid out within four years from that date. ☐yes ☐no


	2.5.3.	Please confirm that the aid scheme has been established within three years from the occurrence of the event causing the damage and that the aid will be paid out within four years from that date. ☐yes ☐no

2.5.4. Is the damage calculated at the level of the individual beneficiary? ☐yes ☐no


	2.5.4.	Is the damage calculated at the level of the individual beneficiary? ☐yes ☐no

2.5.5. Have the costs of the damage incurred as a direct consequence of the event causing the damage been assessed either by a public authority, by an independent expert recognized by the granting authority or by an insurance undertaking? ☐yes ☐no


	2.5.5.	Have the costs of the damage incurred as a direct consequence of the event causing the damage been assessed either by a public authority, by an independent expert recognized by the granting authority or by an insurance undertaking? ☐yes ☐no

2.5.6. Please indicate the type of damage: (a) ☐damage to living trees. The aid may be granted to compensate for loss of stock and for restocking costs up to the market value of the stock destroyed by the protected animals. When calculating the market value of the increment loss, the potential increment of the stock destroyed until the normal felling age may be taken into consideration. (b) ☐other costs incurred by the beneficiary due to the event causing the damage, such as treatment measures, including soil preparation for replanting and the products, appliances and materials necessary for such operations. (c) ☐the material damage to the following assets: forestry equipment, machinery and buildings. The calculation of the material damage must be based on the repair cost or economic value of the affected asset before the event caused the damage. It must not exceed the repair cost or the decrease in fair market value caused by the event, that is to say the difference between the asset's value immediately before and immediately after the event that caused the damage.


	2.5.6.	Please indicate the type of damage: (a) ☐damage to living trees. The aid may be granted to compensate for loss of stock and for restocking costs up to the market value of the stock destroyed by the protected animals. When calculating the market value of the increment loss, the potential increment of the stock destroyed until the normal felling age may be taken into consideration. (b) ☐other costs incurred by the beneficiary due to the event causing the damage, such as treatment measures, including soil preparation for replanting and the products, appliances and materials necessary for such operations. (c) ☐the material damage to the following assets: forestry equipment, machinery and buildings. The calculation of the material damage must be based on the repair cost or economic value of the affected asset before the event caused the damage. It must not exceed the repair cost or the decrease in fair market value caused by the event, that is to say the difference between the asset's value immediately before and immediately after the event that caused the damage.

2.5.7. Is the amount reduced by any costs not incurred because of the damaging event, which would otherwise have been incurred by the beneficiary? ☐yes ☐no


	2.5.7.	Is the amount reduced by any costs not incurred because of the damaging event, which would otherwise have been incurred by the beneficiary? ☐yes ☐no

2.5.8. Is aid and any other payments received to compensate the damage, including payments under national or Union measures or insurance policies, limited to 100 % of the eligible costs? ☐yes ☐no


	2.5.8.	Is aid and any other payments received to compensate the damage, including payments under national or Union measures or insurance policies, limited to 100 % of the eligible costs? ☐yes ☐no

OTHER INFORMATION

Please indicate any other information considered relevant to the assessment of the measure concerned under this Section of the Guidelines.

…

2.9. SUPPLEMENTARY INFORMATION SHEET ON AID IN THE FORESTRY SECTOR ALIGNED WITH THE AGRICULTURAL AID MEASURES This information sheet must be used in relation to State aid in the forestry sector aligned with the agricultural aid measures as described in Part II., Section 2.9. of the European Union Guidelines for State aid in the agricultural and forestry sectors and in rural areas ('the Guidelines').


	2.9.	SUPPLEMENTARY INFORMATION SHEET ON AID IN THE FORESTRY SECTOR ALIGNED WITH THE AGRICULTURAL AID MEASURES This information sheet must be used in relation to State aid in the forestry sector aligned with the agricultural aid measures as described in Part II., Section 2.9. of the European Union Guidelines for State aid in the agricultural and forestry sectors and in rural areas ('the Guidelines').

☐ Aid for research and development in the forestry sector.


	☐	Aid for research and development in the forestry sector.

1. Is aided project of interest to all undertakings active in the particular forestry sector or sub-sector concerned? ☐yes ☐no If the answer is yes, provide evidence: …


	1.	Is aided project of interest to all undertakings active in the particular forestry sector or sub-sector concerned? ☐yes ☐no If the answer is yes, provide evidence: …

2. Will the following information be published on the internet prior to the date of commencement of the aided project? (a) the start date of the aided project; (b) the goals of the aided project; (c) an approximate date of the publication of the results expected from the aided project; (d) the place of publication on the internet of the results expected from the aided project; (e) a statement that the results of the aided project are available to all undertakings active in the forestry sector or sub-sector concerned at no cost. ☐yes ☐no Please provide evidence and give details of the internet address: …


	2.	Will the following information be published on the internet prior to the date of commencement of the aided project? (a) the start date of the aided project; (b) the goals of the aided project; (c) an approximate date of the publication of the results expected from the aided project; (d) the place of publication on the internet of the results expected from the aided project; (e) a statement that the results of the aided project are available to all undertakings active in the forestry sector or sub-sector concerned at no cost. ☐yes ☐no Please provide evidence and give details of the internet address: …

3. Will the results of the aided project be: (a) made available on the internet from the end date of the aided project or the date on which any information concerning those results is given to members of any particular organisation, whatever comes first; ☐yes ☐no (b) made available on the internet, for a period of at least five years starting from the end date of the aided project? ☐yes ☐no If the answer to point (a) or (b) is yes, please provide evidence: …


	3.	Will the results of the aided project be: (a) made available on the internet from the end date of the aided project or the date on which any information concerning those results is given to members of any particular organisation, whatever comes first; ☐yes ☐no (b) made available on the internet, for a period of at least five years starting from the end date of the aided project? ☐yes ☐no If the answer to point (a) or (b) is yes, please provide evidence: …

4. Is the aid granted directly to the research and knowledge-dissemination organisation? ☐yes ☐no


	4.	Is the aid granted directly to the research and knowledge-dissemination organisation? ☐yes ☐no

5. Please confirm that the aid does not involve the provision of aid based on the price of the forestry products to undertakings active in the forestry sector: ☐yes ☐no


	5.	Please confirm that the aid does not involve the provision of aid based on the price of the forestry products to undertakings active in the forestry sector: ☐yes ☐no

6. Please indicate the eligible costs: (a) ☐personnel costs related to researchers, technical and other supporting staff to the extent employed on the project; (b) ☐costs of instruments and equipment to the extent and for the period used for the project. Where such instruments and equipment are not used for their full life for the project, only the depreciation costs corresponding to the life of the project, as calculated on the basis of generally accepted accounting principles are considered as eligible; (c) ☐costs of buildings and land, to the extent and for the period used for the project. With regard to buildings, only the depreciation costs corresponding to the life of the project, as calculated on the basis of generally accepted accounting principles are considered as eligible. For land, costs of commercial transfer or actually incurred capital costs are eligible; (d) ☐costs of contractual research, knowledge and patents bought or licensed from outside sources at arm’s length conditions, as well as costs of consultancy and equivalent services used exclusively for the project; (e) ☐additional overheads and other operating expenses, including costs of materials, supplies and similar products, incurred directly as a result of the project.

7. Please indicate the maximum aid intensity: … Please note that pursuant to point (623) of the Guidelines, the aid intensity must not exceed 100 % of the eligible costs.

☐ Aid for forestry land consolidation.

1. Are the the eligible costs limited to the incurred real legal, administrative and survey costs of land consolidation? ☐yes ☐no

2. Please describe the measure in more details: …

3. Please indicate the aid intensity: … Please note that pursuant to point (623) of the Guidelines, the aid intensity must not exceed 100 % of the eligible costs.

OTHER INFORMATION

Please indicate any other information considered relevant to the assessment of the measure concerned under this Section of the Guidelines.

…

3. SUPPLEMENTARY INFORMATION SHEET ON AID IN RURAL AREAS This form must be used for the notification of any State aid measure for the rural areas covered by Part II., Chapter 3 of the European Union Guidelines for State aid in the agriculture and forestry sectors and in rural areas ('the Guidelines'). If aid for the rural areas is to be granted under Union rules common to all sectors or specific to trade and industry, please use the applicable notification form for those sectors when notifying a State aid measure.

GENERAL ELIGIBILITY CRITERIA

1. Please indicate the category of aid: ☐ aid for basic services in rural areas; ☐ business start-up aid for non-agricultural activities in rural areas; ☐ aid for agri-environment-climate commitments in rural areas to beneficiaries other than farmers; ☐ aid for area-specific disadvantages resulting from certain mandatory requirements to beneficiaries other than farmers; ☐ aid to promote and support quality schemes for cotton or foodstuffs and their use by farmers; ☐ aid for cooperation in rural areas, including aid for participating in community-led local development (‘CLLD’) and European Innovation Partnership for agricultural productivity and sustainability (‘EIP’) Operational Group projects; ☐ aid for setting up mutual funds.

2. Is the aid be granted in the framework of a strategic plan in accordance with Regulation (EU) 2021/2115? ☐yes ☐no If the answer is no, please note that the aid cannot be declared compatible with the internal market on the basis of the Guidelines.

3. Please indicate the relevant strategic plan and the measure under which the aid is granted: — Strategic plan: … — Measure: …

4. Is the measure co-financed by the EAFRD or does it constitute additional national financing? (a) ☐co-financed by the EAFRD; (b) ☐additional national financing.

5. Is the aid granted in favour of working capital? ☐yes ☐no If the answer is yes, is such aid granted in the form of a financial instrument? ☐yes ☐no Please note that pursuant to point (635)(b) of the Guidelines, the aid in favour of working capital may be granted only if it is provided in the form of financial instruments. Please specify the financial instrument(s) used: …

6. Is the aid granted as operating aid? ☐yes ☐no If the answer is yes, please note that pursuant to point (635)(c) of the Guidelines, such aid may be considered to be compatible with the internal market only such aid is expressly provided for in the relevant Union legislation. If that is the case, please refer to the Union legislation concerned: …

7. Is the aid available to undertakings in difficulty as defined in point (33)63 of the Guidelines? ☐yes ☐no If the answer is yes, please note that under point (23) of the Guidelines, the Commission considers that when an undertaking is in financial difficulty, given that its very existence is in danger, it cannot be considered an appropriate vehicle for promoting other public policy objectives until such time as its viability is assured. Such aid must therefore comply with the Commission Guidelines on State aid for rescuing and restructuring non-financial undertakings in difficulty, unless it is exempt from the obligation to notify it.

8. Is the aid available to undertakings which are subject to an outstanding recovery order following a previous Commission decision declaring an aid illegal and incompatible with the internal market? ☐yes ☐no If the answer is yes, please note that such aid cannot be declared compatible with the internal market.

9. Is the aid intended for investments in energy efficiency and renewable energies? ☐yes ☐no If the answer is yes, please note that the Guidelines do not apply to such aid. In accordance with point (637) of the Guidelines such aid must comply with the Guidelines on State aid for climate, environmental protection and energy 2022 ²²⁶, unless it is exempted from the notification obligation.

OTHER INFORMATION

Please indicate any other information considered relevant to the assessment of the measure concerned.

…’

(h) Part III.13.B is replaced by the following:

‘PART III.13.B

SUPPLEMENTARY INFORMATION SHEET ON OPERATING AID TO AIRPORTS

It is recommended that this supplementary information sheet is completed, in addition to the 'General information' form, for the notification of any individual operating aid covered by the Guidelines on State aid to airports and airlines ²²⁷ .

1. ADDITIONAL INFORMATION ON THE BENEFICIARY AND ITS ACTIVITIES It is recommended that this supplementary information sheet is completed, in addition to the 'General information' form, for the notification of any individual operating aid covered by the Guidelines on State aid to airports and airlines ²²⁸ .

1.1. Beneficiary

1.1.1. Is the aid awarded directly to the operator of the airport? ☐Yes ☐No

1.1.2. If the answer to point 1.1.1 is no, please describe, if applicable, (i) the legal entity/-ies receiving the aid, and (ii) the legal entity/-ies responsible for transferring the aid as intermediary/-ies to the airport providing the services eligible for the aid. …

1.1.3. If the answer to point 1.1.1 is ‘no’, please explain how the authorities ensure that that there is no advantage granted at the intermediary levels. …

1.1.4. Is the beneficiary of the aid also the owner of the airport? ☐Yes ☐No

1.1.5. If the answer to point 1.1.4 is ‘no’: please specify who is/will be the owner of the airport and describe the ownership structure. …

1.1.6. In the case of individual aid, please describe the legal, organisational and financial relationships between the recipient of the aid and (i) the undertakings with which it forms part of a group of undertakings; (ii) its subsidiaries; (iii) any other associated enterprises, including joint ventures. In the case of aid schemes, please describe the method by which the aid granting authority will assess the legal, organisational and financial relationships referred to in points 1.1.1 to 1.1.5. …

1.2. General information about the airport operator

1.2.1. Where the airport or the airports are used by the national armed forces, the police force, non-economic air rescue services, or any other air service of a non-economic nature, please specify (a) the nature of the service(s); and (b) the rate of airport capacity utilisation (e.g. use of the runway and other airport facilities, expressed as a percentage of annual aircraft movements). …

1.2.2. Please provide the following passenger traffic data of the airport(s) receiving the aid: (a) Airports with a commercial passenger traffic history of more than two financial years: average annual passenger traffic during the two financial years preceding the year in which the aid is notified or actually granted. (b) Airports with a commercial passenger traffic history of less than two financial years: forecasted average annual passenger traffic during the two financial years after the beginning of the operation of commercial passenger air traffic flows. Please provide the data in the form of a table, as follows: [copied from page 188, point 2.2.3] Year Total number of passengers Passenger numbers must be counted ‘one-way’ and for each individual route. For example: a passenger flying to the airport and back would be counted twice. If the airport is part of a group of airports, passenger traffic data must be established on the basis of each individual airport.

1.2.3. In the case of individual operating aid: please provide the business plan that the beneficiary has implemented in the period 2009–2013, and that it intends to implement until 4 April 2027. Please describe the assumptions underlying those business plans. The business plan must contain information on traffic and traffic forecasts; costs and cost forecasts; financial data and financial forecasts as regards the level of profitability and cash-flows (by reference to methodologies which are demonstrably used by the airport, e.g. using methods for evaluating the net present value of an investment (NPV), the internal rate of return (IRR), and the average return on capital employed (ROCE). The business plan must be provided in an excel format including explanations of all underlying formulas. In the case of aid schemes, please specify in detail (a) the formal and material criteria to which business plans of eligible airports must conform; (b) the method the national authorities will use to assess the business plans. …

1.2.4. In the case of individual operating aid, please provide a summary overview of operating losses ²²⁹ the beneficiary incurred in the period 2009–2013, as well as of forecasted operating losses in the remaining period until 4 April 2027. Please provide the data in the form of a table, structured as follows: Revenue … Operating costs … Other … Operating results In the case of aid schemes, please specify the method the authorities will use to establish the operating losses of eligible airports.

1.2.5. In the case of individual operating aid, please provide copies of the eligible airports’ financial reports ²³⁰ for the 5 years preceding the year of application for operating aid. In the case of aid schemes, please commit to include the above described financial reports in the assessment of individual aid. …

1.2.6. Please specify the provisions made to avoid overcompensation and recover excess amounts from the beneficiary. …

1.3. Airport service activities

1.3.1. Please specify the eligible airport services ²³¹ and the categories of eligible operating costs ²³² in respect of the provision of those services. …

1.4. Activities falling within the public policy remit

1.4.1. Does the operating aid cover activities that fall under State responsibility in the exercise of its official powers as a public authority (e.g. air traffic control, police, customs, firefighting, activities necessary to safeguard civil aviation against acts of unlawful interference)? Operating costs relating to the infrastructure and equipment necessary to perform such activities are considered in general to be of a non-economic nature and thus do not fall within the scope of State aid rules. ☐Yes ☐No

1.4.2. Please provide the relevant national, regional or any other legal instrument concerning the notion of activities falling within the public policy remit and their financing. In absence of any such legal instrument, please clarify how those activities are usually financed by the relevant authorities. …

1.4.3. Please provide evidence showing that the public financing of non-economic activities does not lead to undue discrimination between airports. Discrimination arises in situations where, under the relevant legal order, civil airports normally have to bear certain costs inherent to their non-economic activities, whereas certain civil airports do not have to cover such costs. Please specify the material and territorial applicability of the national rules applicable to the financing of non-economic activities of airports and, if applicable, the level of regional competences in that matter. …

1.4.4. Please confirm, supported by relevant evidence, that the compensation of costs incurred in relation to non-economic activities will be strictly limited to such costs, and that any cross-subsidisation of economic activities through such compensation is effectively excluded. …

1.4.5. Please confirm that the airport will maintain separate cost accounts for economic and non-economic activities. …

2. COMPATIBILITY ASSESSMENT OF THE MEASURE

2.1. Was the aid granted before 4 April 2014? ☐Yes ☐No

2.2. Contribution to a well-defined objective of common interest

2.2.1. Does the operating aid: (a) ☐Increase the mobility of Union citizens and the connectivity of the regions by establishing access points for intra-Union flights? (b) ☐Combat air traffic congestion at major Union hub airports? (c) ☐Facilitate regional development? Please specify how the operating aid contributes to the objective(s) chosen. …

2.2.2. Does the notified measure concern the operator of a new airport? ☐Yes ☐No

2.2.3. In the case of individual operating aid: Is the beneficiary airport located in the same catchment area ²³³ of another airport with spare capacity? ☐Yes ☐No

2.2.4. In the case of individual operating aid: If the answer to point 2.2.3 is yes, please specify the size and shape of the catchment area. Please provide information, identifying the likely effect on the traffic of the other airport located in that catchment area. That information should be part of the beneficiary airport’s business plan and should be based on sound passenger and freight traffic forecasts. In the case of aid schemes: Please (a) confirm that the authorities are committed to assess the likely effect on the traffic of any other airport(s) located in the same catchment area as an eligible airport on the basis of information that is part of the beneficiary airport’s business plan and is based on sound passenger and freight traffic forecasts; (b) explain the method and the criteria the national authorities will use to assess the likely effect on the traffic of that other airport or those other airports. …

2.3. Need for State intervention

2.3.1. Please confirm that the annual traffic of the airport/eligible airports does not exceed 3 million passengers (see also question 1.2.2). …

2.4. Appropriateness of the measure

2.4.1. Please demonstrate that the aid in question is appropriate to achieve the intended objective or resolve the problems which it intendeds to address. In particular, please explain how the authorities have established that the same objective cannot be reached, or the same problem cannot be resolved, through less distortive policy or aid instruments. For example, if the aid is granted in forms that provide a direct pecuniary advantage ²³⁴ , please demonstrate why other potentially less distortive forms of aid such as repayable advances or forms of aid that are based on debt or equity instruments ²³⁵ are not appropriate: …

2.4.2. In the case of individual operating aid: Has the aid amount been established ex-ante as a fixed sum covering the expected operating funding gap determined on the basis of the business plan of the beneficiary? ☐Yes ☐No If yes, please provide relevant information in the business plan.

2.4.3. In the case of aid schemes: will the aid amount in each individual case be established ex-ante as a fixed sum covering the expected operating funding gap determined on the basis of the business plan of the beneficiary? ☐Yes ☐No If yes, the beneficiary should provide relevant information in the business plan.

2.4.4. If the answer to points 2.4.2 and 2.4.3 is ‘no’, please specify: (a) the degree of uncertainty of cost and revenue forecasts, (b) any information asymmetries that prevent the national authorities from calculating the aid amount ex ante on the basis of a business plan. …

2.4.5. If the answer to points 2.4.2 and 2.4.3 is ‘no’, please confirm that the maximum amount of compatible operating aid was/will be established according to a model based on the average of the operating funding gaps ²³⁶ during the five years from 2009 to 2013. …

2.4.6. Please confirm that the amount of operating aid will not be increased ex-post. ☐Yes ☐No

2.4.7. If the answer to the above question is ‘no’, please explain why in your opinion the possibility of an ex-post increase would not reduce incentives to manage the airport efficiently. …

2.5. Incentive effect and proportionality of the aid

2.5.1. In the case of individual operating aid, please describe why there is the likelihood that in the absence of the aid the level of economic activity of the airport concerned would be significantly reduced. Please provide the necessary information on the basis of the business plan (see also point 1.2.3), comparing the levels of intended activity with aid and without aid (the counterfactual scenario), and taking into account the possible presence of investment aid and level of traffic. In the case of aid schemes, please describe the method applied by the aid granting authority in order to assess the business plans as well as the likelihood that in the absence of aid the level of economic activity of the airport concerned would be significantly reduced, taking into account the possible presence of investment aid and level of traffic. …

2.5.2. In the case of individual operating aid, please demonstrate that the business plan of the airport will result in full operating cost coverage by 4 April 2027. Please specify the relevant key parameters of the business plan. In the case of aid schemes, please confirm that the aid granting authority will grant individual operating aid only if it has concluded that the business plan of the beneficiary airport will result in full operating cost coverage by 4 April 2027. Please specify which key parameters of the business plan the aid granting authorities will assess in order to reach that conclusion in each case. …

2.5.3. Please indicate: In the case of individual operating aid: The beneficiary airport’s initial funding gap over 13 years, starting with the operating cost coverage on 4 April 2014 at the beginning of the transition period and reaching full operating cost coverage achievement by 4 April 2027, at the end of the transition period. In the case of aid schemes: please commit (a) that the funding gap of eligible airports will be established using the method referred to in point 2.5.2; (b) that eligible airports must demonstrate that they will achieve full operating cost coverage by 4 April 2027. … — The maximum permissible aid amount: … — The percentage of the funding gap to be covered by the operating aid: … — The period during which operating aid will be granted: …

2.6. Avoidance of negative effects on competition and trade

2.6.1. Please demonstrate that all airports located in the same catchment area as the eligible airport or airports will be able to achieve full operating cost coverage by 4 April 2027. …

2.6.2. Please confirm that the airport or airports, including any investment for which aid is granted, will be open to all potential users and not be dedicated to one specific user. ☐Yes ☐No

2.6.3. Please specify the provisions made to ensure that airport capacity will be allocated to users on the basis of pertinent, objective, transparent and non-discriminatory criteria. …’

(i) Part III.14 is replaced by the following:

‘PART III.14

GENERAL INFORMATION SHEET FOR THE GUIDELINES FOR STATE AID IN THE FISHERY AND AQUACULTURE SECTOR

Please note that this general information sheet for the notification of State aid applies to all sectors covered by the Guidelines for State aid in the fishery and aquaculture sector ²³⁷ ('the Guidelines'). In addition, for all measures covered by the Guidelines please complete the relevant Supplementary Information Sheet.

COMPATIBILITY ASSESSMENT PURSUANT TO ARTICLE 107(3), POINT (C), OF THE TREATY

On the basis of Article 107(3), point (c), of the Treaty on the Functioning of the European Union (’the Treaty’), the Commission may consider compatible with the internal market State aid to facilitate the development of certain economic activities, where such aid does not adversely affect trading conditions to an extent contrary to the common interest. In order to make the assessment, the Commission will consider the aspects described in this form.

Does the State aid measure satisfy the following conditions?

First condition:

☐ identification of the economic activity concerned;

☐ the incentive effect: the aid must change the behaviour of the undertaking(s) concerned in such a way that it engages in an additional activity, which it would not carry out without the aid or it would carry out in a restricted or different manner;

☐ the aid does not contravene relevant provisions and general principles of Union law.

Second condition:

☐ need for State intervention: the aid measure must bring about a material improvement that the market cannot deliver itself, for example by remedying a market failure or addressing an equity or cohesion concern where applicable;

☐ appropriateness of the aid: the proposed aid measure must be an appropriate policy instrument to facilitate the development of the economic activity;

☐ proportionality of the aid (aid limited to the minimum necessary): the amount of aid and intensity of the aid must be limited to the minimum needed to induce the additional investment or activity by the undertaking(s) concerned;

☐ transparency of aid: Member States, the Commission, economic operators, and the public, must have easy access to all relevant acts and to pertinent information about the aid granted thereunder;

☐ avoidance of adverse negative effects of the aid on competition and trade;

☐ weighing up the positive and negative effects that aid can have on competition and trade between Member States (balancing test).

FIRST CONDITION: THE AID MUST FACILITATE THE DEVELOPMENT OF AN ECONOMIC ACTIVITY

1.1. Aided economic activity

To provide the information in this section, please refer to section 3.1.1 (points (39)–(44)) of the Guidelines.

1.1.1. Article 107(3), point (c), of the Treaty provides that the Commission may declare compatible ‘aid to facilitate the development of certain economic activities or of certain economic areas, where such aid does not adversely affect trading conditions to an extent contrary to the common interest’. Therefore, compatible aid under that provision of the Treaty must contribute to the development of certain economic activity.

In order to assess the compliance with points (39) and (40) of the Guidelines, please provide information which would allow the Commission to identify the economic activity/ies that will be supported as a result of the aid and demonstrate how the aid facilitates the development of that activity(ies):

…

Please note that pursuant to point (41) of the Guidelines, aid to prevent or reduce the negative effects of economic activities on climate or environment or on the conservation objective of the Common Fisheries Policy (‘CFP’) can facilitate the development of economic activities by increasing the sustainability of the economic activity concerned.

1.1.2. Please describe whether and, if so, how the aid contributes to the achievement of the objectives of the CFP, including the objectives of the European Maritime, Fisheries and Aquaculture Fund (the ‘EMFAF’) and describe more specifically the expected benefits of the aid:

…

Please note that this information is necessary in order for the Commission to assess the compliance of the aid with point (42) of the Guidelines.

Please note that pursuant to points (43) of the Guidelines, the Commission considers that aid granted in compliance with Part II, Chapter 1, Sections 1.1, 1.2, 1.3 and 1.4, and Part II, Chapter 3, Sections 3.4, 3.5 and 3.6 of these Guidelines can facilitate the development of the identified economic activity or area, as without aid such development may not take place to the same extent.

1.1.3. Is the aid awarded to individually notifiable investment projects on the basis of a scheme?

☐yes ☐no

If the answer is yes, please explain how the selected project will contribute towards the objectives of the scheme. For that purpose, please refer to information provided by the applicant for aid.

…

1.2. Incentive effect

To provide the information in this section, please refer to section 3.1.2 (points (45)- (59)) of the Guidelines.

State aid can only be found compatible with the internal market if it has an incentive effect. An incentive effect is present when the aid changes the behaviour of an undertaking in such a way that it engages in additional activity contributing to the development of the sector which it would not have engaged in without the aid or in which it would only have engaged in a restricted or different manner.

1.2.1. In order to assess the compliance with point (45) of the Guidelines, please explain how the measure(s) induces the beneficiary’s undertaking to change its behaviour in such a way that it engages in additional economic activity contributing to the development of the sector, which the beneficiary would not carry out without the aid or would carry out in a restricted or different manner.

…

1.2.2. Please confirm that the aid will not simply subsidise the costs of an activity that an undertaking would have incurred in any event and will not compensate for the normal business risk of an economic activity:

☐yes ☐no

Please note that pursuant to point (45) of the Guidelines, the aid must not subsidise the costs of an activity that an undertaking would have incurred in any event and must not compensate for the normal business risk of an economic activity.

1.2.3. Please confirm that the notified State aid measure is not intended to simply improve the financial situation of undertakings, without any contribution to the development of the fishery and aquaculture sector:

☐yes ☐no

Please note that pursuant to point (46) of the Guidelines, unless exceptions are expressly provided for in Union legislation or in these Guidelines, State aid measures which are simply intended to improve the financial situation of undertakings but which in no way contribute to the development of the fishery and aquaculture sector, and in particular aid which is granted solely on the basis of price, quantity, unit of production or unit of the means of production are considered to constitute operating aid, which is incompatible with the internal market. Furthermore, by its very nature, such aid is also likely to interfere with the mechanisms regulating the organisation of the internal market.

1.2.4. Does the measure constitute:

— operating aid?

☐yes ☐no

— aid to facilitate the achievements of obligatory standards?

☐yes ☐no

Please note that pursuant to point (47) of the Guidelines, operating aid and aid to facilitate the achievements of obligatory standards are in principle incompatible with the internal market, unless exceptions are expressly provided for in Union legislation or in the Guidelines and in duly justified other cases.

If the answer is yes, please mention the provisions of the Guidelines or other Union legislation, that expressly authorise such aid and provide a justification.

…

1.2.5. Is the aid granted under Part II, Chapter 1 of the Guidelines limited to helping undertakings active in the fishery and aquaculture sector facing various difficulties despite having undertaken reasonable efforts to minimise such risks?

☐yes ☐no

Please note that pursuant to point (48) of the Guidelines, aid granted under Part II, Chapter 1 should be limited to helping undertakings active in the fishery and aquaculture sectors facing various difficulties despite having undertaken reasonable efforts to minimise such risks.

State aid should not have as an effect to entice undertakings into taking unnecessary risk. Undertakings active in the fishery and aquaculture should themselves bear the consequences of imprudent choices of production methods or products. For example, this principle applies to Part II, Chapter 3, Sections 3.4, 3.5 and 3.6.

1.2.6. Will the beneficiary submit an application for the aid to the national authorities before any work on the project or activity has started?

☐yes ☐no

Please note that pursuant to point (49) of the Guidelines the aid does not present an incentive for the beneficiary undertaking wherever work on the relevant project or activity has already started prior to the aid application by the beneficiary undertaking to the national authorities.

1.2.7. Will the aid application include at least the applicant's name and the size of the undertaking, a description of the project or activity, including its location and start and end dates, the amount of aid needed to carry it out and the eligible costs?

☐yes ☐no

1.2.8. Will the aid be granted to large enterprises ²³⁸?

☐yes ☐no

1.2.9. If the answer to the previous question is yes, will the beneficiaries, which are large enterprises, explain in the aid application the situation without the aid (referred to as the counterfactual scenario or alternative project or activity) and submit documentary evidence in support of the counterfactual scenario described in the application?

☐yes ☐no

Please note that pursuant to point (51) of the Guidelines, this requirement does not apply to municipalities that are autonomous local authorities with an annual budget of less than EUR 10 million and fewer than 5 000 inhabitants. Does the beneficiary municipality meets the conditions of point (51) of the Guidelines?

☐yes ☐no

1.2.10. Will the granting authority carry out a credibility check of the counterfactual scenario and confirm that the aid has the required incentive effect?

☐yes ☐no

Please note that pursuant to point (52) of the Guidelines, a counterfactual scenario is credible if it is genuine and relates to the decision-making factors prevalent at the time of the decision by the beneficiary regarding the project or activity concerned.

1.2.11. Does the aid in the form of tax advantages comply with the following conditions:

(a) the aid scheme establishes a right to aid in accordance with objective criteria and without further exercise of discretion by the Member State; and

☐yes ☐no

(b) the aid scheme has been adopted and in force before work on the aided project or activity has started ²³⁹?

☐yes ☐no

If the answer is yes, please note that pursuant to point (53) of the Guidelines, such aid is deemed to have an incentive effect.

1.2.12. Does the aid fall under one of the following aid categories of the Guidelines?

☐ aid to make good the damage caused by natural disasters or exceptional occurrences, in accordance with Part II, Chapter 1, Section 1.1 of the Guidelines;

☐ aid to make good the damage caused by adverse climatic events which can be assimilated to a natural disaster, in accordance with Part II, Chapter 1, Section 1.2 of the Guidelines;

☐ aid for the costs of prevention, control and eradication of animal disease in aquaculture and of infestations by invasive alien species, and aid to make good the damage caused by those animal diseases and infestations, in accordance with Part II, Chapter 1, Section 1.3 of the Guidelines;

☐ aid to make good the damage caused by protected animals, in accordance Part II, Chapter 1, Section 1.4 of the Guidelines;

☐ aid for temporary cessation of fishing activities, in accordance with Part II, Chapter 3, Section 3.5 of the Guidelines;

☐ liquidity aid to fishers, in accordance with Part II, Chapter 3, Section 3.6 of the Guidelines;

☐ operating aid in outermost regions, in accordance with Part II, Chapter 2, Section 2.1 of the Guidelines;

☐ aid for the renewal of the fishing fleet in outermost regions, in accordance with Part II, Chapter 2, Section 2.2 of the Guidelines;

☐ aid for investments in equipment that contributes to increasing safety, including equipment enabling vessels to extend their fishing zones, for small-scale coastal fishing in outermost regions, in accordance with Part II, Chapter 2, Section 2.3 of the Guidelines.

Please note that pursuant to point (54) of the Guidelines, the above categories of aid are not required to have or are deemed to have an incentive effect.

Additional conditions for individually notifiable investment aid and investment aid to large enterprises under notified schemes

If the aid granted for individual investment, please continue with questions 1.2.13 to 1.2.17 below.

Pursuant to point (59) of the Guidelines, if the aid does not change the behaviour of the beneficiary undertaking by stimulating additional investment, it has no positive effects for the development of the sector concerned. Therefore, aid will not be considered compatible with the internal market if it appears that the same investment would still be pursued without the aid.

1.2.13. Please provide in the notification clear evidence that the aid effectively has an impact on the investment choice. Please explain such impact: … Please note that pursuant to point (55) of the Guidelines, to allow a comprehensive assessment, the Member State must provide not only information concerning the aided project but also a comprehensive description of the counterfactual scenario, in which no aid is granted to the beneficiary by any public authority.

1.2.14. Please provide a comprehensive description of the counterfactual scenario, in which no aid is granted to the beneficiary by any public authority: … Please note that pursuant to point (58) of the Guidelines, where no specific counterfactual scenario is known, the incentive effect can be assumed when there is a funding gap. That is the case when the investment costs exceed the net present value (NPV) of the expected operating profits of the investment on the basis of an ex ante business plan.

1.2.15. Please specify which document(s) related to the investment project under assessment are submitted as part of the notification: … Please note that pursuant to point (56) of the Guidelines, the Member States are invited to draw on genuine and official board documents, risk assessments, including the assessment of location-specific risks, financial reports, internal business plans, expert opinions and other studies related to the investment project under assessment. Those documents need to be contemporary to the decision-making process concerning the investment or its location. Documents containing information on demand forecasts, cost forecasts, financial forecasts, documents that are submitted to an investment committee and that elaborate on various investment scenarios, or documents provided to the financial institutions could help the Member States to demonstrate the incentive effect.

1.2.16. Please specify how will be the level of profitability evaluated: … Please note that pursuant to point (57) of the Guidelines, the level of profitability may be evaluated by using methods that are standard practice in the sector concerned and which may include methods to evaluate the net present value (NPV) ²⁴⁰ of the project, the internal rate of return (IRR) ²⁴¹ or the average return on capital employed (ROCE). The profitability of the project is to be compared with normal rates of return applied by the beneficiary in other investment projects of a similar kind. Where these rates are not available, the profitability of the project is to be compared with the cost of capital of the undertaking as a whole or with the rates of return commonly observed in the sector concerned.

1.2.17. Does the investment project present a funding gap, i.e., do the investment costs exceed the NPV of the expected operating profits of the investment on the basis of an ex ante business plan? ☐yes ☐no If the answer is yes, please provide the details: … Please note that pursuant to point (58) of the Guidelines, when the investment project presents a funding gap, that is when the investment costs exceed the NPV of the expected operating profits of the investment on the basis of an ex ante business plan, the incentive effect can be assumed.

1.3. No breach of relevant provisions of Union law To provide the information in this section, please refer to section 3.1.3 (points (60) – (64)) of the Guidelines.

1.3.1. Please confirm that the State aid measure, the conditions attached to it, including its financing method when the financing method forms an integral part of the State aid measure, or the activity it finances does not entail a violation of relevant Union law: ☐yes ☐no Please note that pursuant to point (60) of the Guidelines, if a State aid measure, the conditions attached to it, including its financing method when the financing method forms an integral part of the State aid measure, or the activity it finances entails a violation of relevant Union law, the aid cannot be declared compatible with the internal market. Please provide information confirming that the aid measure does not entail a violation of relevant Union law: …

1.3.2. Please confirm that State aid in the fishery and aquaculture sector is not granted: (a) ☐in support of fishing activities involving serious infringements under Article 42 of Council Regulation (EC) No 1005/2008 ²⁴² or Article 90 of Council Regulation (EC) No 1224/2009 ²⁴³ and constituting or supporting illegal, unreported and unregulated (IUU) fishing ²⁴⁴; (b) ☐in support of the operation, management or ownership of a fishing vessel included in the Union IUU vessel list as referred to in Article 40(3) of Regulation (EC) No 1005/2008, or of a vessel flying the flag of countries identified as non-cooperating third countries as set out in Article 33 of that Regulation. Please note that pursuant to point (60) of the Guidelines, the Commission will not declare the aid compatible with the internal market, if it supports any of the activities listed in point (61) of the Guidelines.

1.3.3. Please confirm that State aid in the fishery and aquaculture sector is not involving: (a) ☐non-compliance with the rules laid down in Regulation (EU) 1379/2013 of the European Parliament and of the Council ²⁴⁵ governing the common organisation of the market; (b) ☐an increase in fishing capacity or construction of new vessels that directly and automatically lead to non-compliance by the Member State with Article 22(7) of Regulation (EU) 1380/2013 and the fishing capacity ceilings set out in its Annex II. Please note that pursuant to point (60) of the Guidelines, the Commission will not declare the aid compatible with the internal market, if it supports any of the activities listed in point (61) of the Guidelines.

1.3.4. Is the aid subject to the obligation for the beneficiary undertaking to use national products or services? ☐yes ☐no If the answer is yes, please note that pursuant to point (62) of the Guidelines, the aid cannot be declared compatible with the internal market.

1.3.5. Does the aid restrict the possibility for the beneficiary undertaking to exploit the research, development and innovation results in other Member States? ☐yes ☐no If the answer is yes, please note that pursuant to point (62) of the Guidelines, the aid cannot be declared compatible with the internal market.

1.3.6. Please confirm whether the aid is (a) granted for export-related activities to third countries or to Member States, which would be directly linked to the quantities exported? ☐yes ☐no (b) contingent upon the use of domestic over imported goods? ☐yes ☐no (c) granted for establishing and operating a distribution network? ☐yes ☐no (d) granted to cover any other expenditure linked to export activities? ☐yes ☐no Please note that pursuant to point (63) of the Guidelines, the Commission will not authorise aid for export-related activities to third countries or to Member States which would be directly linked to the quantities exported, aid contingent upon the use of domestic over imported goods, or aid to establish and operate a distribution network or to cover any other expenditure linked to export activities. However, aid towards the cost of participating in trade fairs, or of studies or consultancy services needed for the launch of a new or existing product on a new market in principle does not constitute export aid.

1.3.7. Does the system of financing form an integral part of the aid measure? ☐yes ☐no If the answer is yes, please specify the system of financing: … Please note that pursuant to point (29) of the Guidelines, when the system of financing, for example by parafiscal levies forms an integral part of the aid measure, it must be notified.

1.3.8. Please provide information on how the national authorities will verify compliance with points (61), (62) and (63) of the Guidelines: …

2. SECOND CONDITION: THE AID CANNOT ADVERSELY AFFECT TRADING CONDITIONS TO AN EXTENT CONTRARY TO THE COMMON INTEREST Pursuant to Article 107(3), point (c), of the Treaty, aid to facilitate the development of certain economic activities or of certain economic areas can be declared compatible only “ where such aid does not adversely affect trading conditions to an extent contrary to the common interest ”. By its very nature, any aid measure generates distortions of competition and has an effect on trade between Member States. However, in order to establish if the distortive effects of the aid are limited to the minimum, the Commission will verify whether the aid is necessary, appropriate, proportionate and transparent. The Commission will assess the distortive effect of aid in question on competition and trading conditions. The Commission will then balance the positive effects of the aid with its negative effects on competition and trade. Where the positive effects outweigh the negative effects, the Commission will declare the aid compatible with the internal market.

2.1. The need for the State intervention To provide the information in this section, please refer to section 3.2.1. (points (69)-(71)) of the Guidelines.

2.1.1. Pursuant to points (69) and (70) of the Guidelines, State aid must be targeted to situations where aid can bring about a material development that the market cannot deliver, for example by remedying a market failure to the aided activity or investment in question. State aid measures can indeed, under certain conditions, correct market failures thereby contributing to the efficient functioning of markets and enhancing competitiveness. This holds especially in a context of scarce public resources. In order to assess the compliance with points (69) and (70) of the Guidelines, please provide all information demonstrating the need for State intervention: … Please note that pursuant to point (71) of the Guidelines, the Commission considers that the market is not delivering the expected objectives without State intervention concerning the aid fulfilling the specific conditions laid down in Part I, Chapter 2, Section 2.3 and Part II, Chapter 1, Sections 1.1, 1.2, 1.3 and 1.4, and Chapter 2, Section 2.2 of the Guidelines. Therefore, such aid will be considered necessary.

2.2. The appropriateness of the aid To provide the information in this section, please refer to section 3.2.2. (points (72)-(79)) of the Guidelines. The proposed aid must be an appropriate policy instrument to facilitate the development of the economic activity. There may be other, better placed instruments, such as regulation, market-based instruments, infrastructure development and improvement in the business environment, to achieve the objectives of the aid. The Member State must demonstrate that the aid and its design are appropriate to achieve the objective of the measure at which the aid is targeted.

2.2.1. Please indicate if the aid fulfils the specific conditions laid down for the following categories of aid: ☐ aid to make good the damage caused by natural disasters or exceptional occurrences, in accordance with Part II, Chapter 1, Section 1.1 of the Guidelines; ☐ aid to make good the damage caused by adverse climatic events which can be assimilated to a natural disaster, in accordance with Part II, Chapter 1, Section 1.2 of the Guidelines; ☐ aid for the costs of prevention, control and eradication of animal disease in aquaculture and of infestations by invasive alien species, and aid to make good the damage caused by those animal diseases and infestations, in accordance with Part II, Chapter 1, Section 1.3 of the Guidelines; ☐ aid to make good the damage caused by protected animals, in accordance Part II, Chapter 1, Section 1.4 of the Guidelines; ☐ aid for the renewal of the fishing fleet in outermost regions, in accordance with Part II, Chapter 2, Section 2.2 of the Guidelines; ☐ aid for categories of measures covered by Regulations on block exemptions, in accordance with Part I, Chapter 2, Section 2.3 of the Guidelines; ☐ aid measure of the same kind as an operation that is eligible for funding under Regulation (EU) 2021/1139 of the European Parliament and of the Council ²⁴⁶. Pursuant to point (73) of the Guidelines, the Commission considers that aid measures which meet the specific conditions laid down in Part I, Chapter 2 , Section 2.3, and Part II, Chapter 1, Sections 1.1, 1.2, 1.3, 1.4 and 1.5, and Part II, Chapter 2, Section 2.2, are an appropriate policy instrument. An aid measure of the same kind as an operation that is eligible for funding under Regulation (EU) 2021/1139 is appropriate if it complies with the relevant provisions of that Regulation.

Appropriateness among alternative policy instruments

2.2.2. Pursuant to point (73) of the Guidelines, please demonstrate that no other less distortive policy instrument exists: …

2.2.3. Is the aid to be granted for a fleet measure or for cessation of fishing activities, in accordance with a category of aid under Part II, Chapter 3, of the Guidelines, while the same intervention is concurrently provided for in the relevant EMFAF programme? ☐yes ☐no If the answer is yes, please set out the advantages of such a national aid instrument compared to the relevant intervention in the EMFAF programme: …

Appropriateness among different forms of aid

Pursuant to point (76) of the Guidelines, aid can be granted in various forms. The Member State should however ensure that the aid is granted in the form that is likely to generate the least distortions of trade and competition.

Pursuant to point (79) of the Guidelines, the compatibility assessment of an aid measure with the internal market is without prejudice to the applicable public procurement rules and to the principles of transparency and openness and non-discrimination in the selection process of a service provider.

2.2.4. In order to assess the compliance with point (76) of the Guidelines, please specify the form of the aid and demonstrate that this form is likely to generate the least distortions of trade and competition: …

2.2.5. Please confirm whether aid is to be granted in the form provided for: ☐ in the applicable Section of the Guidelines ☐ in the respective EMFAF intervention in accordance with Regulation (EU) 2021/1139. Please identiy the relevant aid category, as well as the form of the aid: … Please note that pursuant to point (77) of the Guidelines, the Commission considers that aid granted in the form provided for in these Guidelines or in the respective EMFAF intervention in accordance with Regulation (EU) 2021/1139 is an appropriate form of aid.

2.2.6. Is the aid is granted in form(s) that provide a direct pecuniary advantage (for example, direct grants, exemptions or reductions in taxes, social security or other compulsory charges)? ☐yes ☐no If the answer is yes, please demonstrate why other potentially less distortive forms of aid (for example, repayable advances or forms of aid that are based on debt or equity instruments ²⁴⁷) are less appropriate: …

2.3. The proportionality of the aid and cumulation To provide the information in this section, please refer to section 3.2.3. (points (80)- (104) of the Guidelines. Aid in the fishery and aquaculture sector is considered to be proportionate, if the aid amount per beneficiary undertaking is limited to the minimum needed for carrying out the aided activity. In order to ensure predictability and a level playing field, the application of maximum aid intensities for aid is foreseen in the Guidelines.

2.3.1. Does the aid amount exceed the eligible costs? ☐yes ☐no Please note that that pursuant to point (81) of the Guidelines, the aid is considered to be proportionate if it does not exceed the eligible costs.

2.3.2. Are maximum aid intensities and maximum aid amounts calculated as set out in the applicable section of Part II of the Guidelines? ☐yes ☐no Please explain how the eligible costs are calculated: … Please note that, pursuant to point (83) of the Guidelines, the criterion of proportionality is deemed to be fulfilled only if the eligible costs and the maximum aid intensities or maximum aid amounts are calculated as set out in the Sections of Part II of the Guidelines.

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