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

2.3.3. Does the amount of aid respect the applicable maximum intensity of public aid as set in Annex IV to Commission Regulation (EU) 2022/2473 ²⁴⁸ for categories of measures covered by that Regulationas set out in Part I, Chapter 2, Section 2.3 of the Guidelines? ☐yes ☐no Please note that the principle of proportionality is deemed to be respected only if the applicable maximum aid intensity in Regulation (EU) 2022/2473 is not exceeded. If your answer is no, please note that, pursuant to point (84) of the Guidelines, if an aid measure goes beyond the provisions set out in Regulation (EU) 2022/2473 , the Member State must demonstrate the justification for and the indispensability of the aid. Please provide the justification for the maximum aid intensity and demonstrate the indispensability of the aid. …


	2.3.3.	Does the amount of aid respect the applicable maximum intensity of public aid as set in Annex IV to Commission Regulation (EU) 2022/2473 ²⁴⁸ for categories of measures covered by that Regulationas set out in Part I, Chapter 2, Section 2.3 of the Guidelines? ☐yes ☐no Please note that the principle of proportionality is deemed to be respected only if the applicable maximum aid intensity in Regulation (EU) 2022/2473 is not exceeded. If your answer is no, please note that, pursuant to point (84) of the Guidelines, if an aid measure goes beyond the provisions set out in Regulation (EU) 2022/2473 , the Member State must demonstrate the justification for and the indispensability of the aid. Please provide the justification for the maximum aid intensity and demonstrate the indispensability of the aid. …

2.3.4. Will the maximum aid intensity and aid amount be calculated by the granting authority when granting the aid? ☐yes ☐no


	2.3.4.	Will the maximum aid intensity and aid amount be calculated by the granting authority when granting the aid? ☐yes ☐no

2.3.5. Will the eligible costs be supported by the clear, specific and contemporary documentary evidence? ☐yes ☐no


	2.3.5.	Will the eligible costs be supported by the clear, specific and contemporary documentary evidence? ☐yes ☐no

2.3.6. When calculating the aid intensity and the eligible costs, will all figures be taken before any deduction of tax or other charge? ☐yes ☐no


	2.3.6.	When calculating the aid intensity and the eligible costs, will all figures be taken before any deduction of tax or other charge? ☐yes ☐no

2.3.7. Is the value added tax (VAT) eligible for aid? ☐yes ☐no


	2.3.7.	Is the value added tax (VAT) eligible for aid? ☐yes ☐no

2.3.8. If the answer to the previous question is yes, is the VAT recoverable under national VAT legislation? ☐yes ☐no Please note that pursuant to point (86) of the Guidelines, value added tax (VAT) is not eligible for aid, except where it is not recoverable under national VAT legislation.


	2.3.8.	If the answer to the previous question is yes, is the VAT recoverable under national VAT legislation? ☐yes ☐no Please note that pursuant to point (86) of the Guidelines, value added tax (VAT) is not eligible for aid, except where it is not recoverable under national VAT legislation.

2.3.9. If the aid is granted in a form other than a grant, is the aid amount the gross grant equivalent of the aid? ☐yes ☐no


	2.3.9.	If the aid is granted in a form other than a grant, is the aid amount the gross grant equivalent of the aid? ☐yes ☐no

2.3.10. Is the aid payable in several instalments? ☐yes ☐no If the answer is yes, will the aid be discounted to its value at the moment of granting the aid? ☐yes ☐no Please note that, pursuant to point (88) of the Guidelines, the eligible costs must be discounted to their value at the moment of granting the aid. Furthermore, the interest rate to be used for discounting purposes is the discount rate applicable on the date of granting the aid.


	2.3.10.	Is the aid payable in several instalments? ☐yes ☐no If the answer is yes, will the aid be discounted to its value at the moment of granting the aid? ☐yes ☐no Please note that, pursuant to point (88) of the Guidelines, the eligible costs must be discounted to their value at the moment of granting the aid. Furthermore, the interest rate to be used for discounting purposes is the discount rate applicable on the date of granting the aid.

2.3.11. If the aid payable in the future, will it be discounted to its value at the moment it is granted? ☐yes ☐no


	2.3.11.	If the aid payable in the future, will it be discounted to its value at the moment it is granted? ☐yes ☐no

2.3.12. Is the aid granted by means of tax advantages? ☐yes ☐no If the answer is yes, is the discounting of aid tranches executed on the basis of the discount rates applicable at the various times the tax advantage takes effect? ☐yes ☐no


	2.3.12.	Is the aid granted by means of tax advantages? ☐yes ☐no If the answer is yes, is the discounting of aid tranches executed on the basis of the discount rates applicable at the various times the tax advantage takes effect? ☐yes ☐no

2.3.13. Is the aid amount for the measure(s) fixed on the basis of standard assumptions of additional costs and income foregone? ☐yes ☐no If the answer is yes, please describe the aid category for which it will be applied: … Please note that pursuant to point (90) of the Guidelines, simplified cost options cannot apply to aid set out in Part II, Chapter 1 and Chapter 3 of the Guidelines.


	2.3.13.	Is the aid amount for the measure(s) fixed on the basis of standard assumptions of additional costs and income foregone? ☐yes ☐no If the answer is yes, please describe the aid category for which it will be applied: … Please note that pursuant to point (90) of the Guidelines, simplified cost options cannot apply to aid set out in Part II, Chapter 1 and Chapter 3 of the Guidelines.

2.3.14. Is the aid granted in one of the following simplified cost options? ☐ unit costs; ☐ lump sums; ☐ flat-rate financing. If the answer to the previous question is yes, please indicate the method of establishing the aid amount: ☐ a fair, equitable and verifiable calculation method based on one or more of the following: (i) statistical data, other objective information or an expert judgement; or (ii) verified historical data of individual beneficiary undertakings; or (iii) the application of usual cost accounting practices of individual beneficiary undertakings; ☐ in accordance with the rules for application of corresponding unit costs, lump sums and flat rates applicable in Union policies for a similar type of operation. As part of the notification, please submit the relevant supporting documentation.


	2.3.14.	Is the aid granted in one of the following simplified cost options? ☐ unit costs; ☐ lump sums; ☐ flat-rate financing. If the answer to the previous question is yes, please indicate the method of establishing the aid amount: ☐ a fair, equitable and verifiable calculation method based on one or more of the following: (i) statistical data, other objective information or an expert judgement; or (ii) verified historical data of individual beneficiary undertakings; or (iii) the application of usual cost accounting practices of individual beneficiary undertakings; ☐ in accordance with the rules for application of corresponding unit costs, lump sums and flat rates applicable in Union policies for a similar type of operation. As part of the notification, please submit the relevant supporting documentation.

2.3.15. If the measure is co-financed by the Union, are the amounts of eligible costs calculated in accordance with the simplified cost options set out in Regulation (EU) 2021/1060 of the European Parliament and of the Council ²⁴⁹? ☐yes ☐no Please describe the calculation of the eligible costs and submit the relevant supporting documentation: …


	2.3.15.	If the measure is co-financed by the Union, are the amounts of eligible costs calculated in accordance with the simplified cost options set out in Regulation (EU) 2021/1060 of the European Parliament and of the Council ²⁴⁹? ☐yes ☐no Please describe the calculation of the eligible costs and submit the relevant supporting documentation: …

2.3.16. Is there an insurance available on the market for the risk event in relation to which the aid is grated? ☐yes ☐no If the answer is yes, please confirm whether the beneficiary has taken out such insurance. ☐yes ☐no If the answer is no for any of the above two questions, please provide further details: …


	2.3.16.	Is there an insurance available on the market for the risk event in relation to which the aid is grated? ☐yes ☐no If the answer is yes, please confirm whether the beneficiary has taken out such insurance. ☐yes ☐no If the answer is no for any of the above two questions, please provide further details: …

2.3.17. Regarding aid to compensate for losses caused by adverse climatic events which can be assimilated to a natural disaster, please confirm that aid at the maximum aid intensity will be granted only to undertakings that cannot be covered for such losses by insurance. ☐yes ☐no Please note that, pursuant to point (93) of the Guidelines, when assessing the compatibility of aid, the Commission will consider any insurance taken out, or which could have been taken out by the aid beneficiary. Regarding aid to compensate for losses caused by adverse climatic events which can be assimilated to a natural disaster, in order to avoid the risk of distorting competition, aid at the maximum aid intensity should be granted only to an undertaking that cannot be covered for such losses by insurance.


	2.3.17.	Regarding aid to compensate for losses caused by adverse climatic events which can be assimilated to a natural disaster, please confirm that aid at the maximum aid intensity will be granted only to undertakings that cannot be covered for such losses by insurance. ☐yes ☐no Please note that, pursuant to point (93) of the Guidelines, when assessing the compatibility of aid, the Commission will consider any insurance taken out, or which could have been taken out by the aid beneficiary. Regarding aid to compensate for losses caused by adverse climatic events which can be assimilated to a natural disaster, in order to avoid the risk of distorting competition, aid at the maximum aid intensity should be granted only to an undertaking that cannot be covered for such losses by insurance.

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

2.3.18. In the case of individually notified investment aid, does the aid amount correspond to the net extra costs of implementing the investment in the area concerned, compared to the counterfactual scenario in the absence of aid? ☐yes ☐no Please describe the counterfactual scenario: … Please note that, pursuant to point (94) of the Guidelines, as a general rule, aid will be considered to be limited to the minimum if the aid amount corresponds to the net extra costs of implementing the investment in the area concerned, compared to the counterfactual scenario in the absence of aid ²⁵⁰, with maximum aid intensities as a cap.


	2.3.18.	In the case of individually notified investment aid, does the aid amount correspond to the net extra costs of implementing the investment in the area concerned, compared to the counterfactual scenario in the absence of aid? ☐yes ☐no Please describe the counterfactual scenario: … Please note that, pursuant to point (94) of the Guidelines, as a general rule, aid will be considered to be limited to the minimum if the aid amount corresponds to the net extra costs of implementing the investment in the area concerned, compared to the counterfactual scenario in the absence of aid ²⁵⁰, with maximum aid intensities as a cap.

2.3.19. Please provide the following information: (a) the calculation of the investment's Internal Rate of Return (‘IRR’) with and without the aid: … (b) information on the relevant market benchmarks for the undertaking (e.g., normal rates of return required by a beneficiary to undertake similar projects, cost of capital of the company as a whole): … (c) explanation of why, on the basis of the above, the aid is the minimum necessary to render the project sufficiently profitable: …


	2.3.19.	Please provide the following information: (a) the calculation of the investment's Internal Rate of Return (‘IRR’) with and without the aid: … (b) information on the relevant market benchmarks for the undertaking (e.g., normal rates of return required by a beneficiary to undertake similar projects, cost of capital of the company as a whole): … (c) explanation of why, on the basis of the above, the aid is the minimum necessary to render the project sufficiently profitable: …

2.3.20. Is the aid amount limited to the minimum necessary to render the project sufficiently profitable? ☐yes ☐no Please justify your assessment: … Please note that, pursuant to point (95) of the Guidelines, the aid amount should not exceed the minimum necessary to render the project sufficiently profitable. For example, the aid amount should not lead to an increase of its IRR beyond the normal rates of return applied by the undertaking concerned in other investment projects of a similar kind or, if these rates are not available, to an increase of its IRR beyond the cost of capital of the undertaking as a whole or beyond the rates of return commonly observed in the sector concerned


	2.3.20.	Is the aid amount limited to the minimum necessary to render the project sufficiently profitable? ☐yes ☐no Please justify your assessment: … Please note that, pursuant to point (95) of the Guidelines, the aid amount should not exceed the minimum necessary to render the project sufficiently profitable. For example, the aid amount should not lead to an increase of its IRR beyond the normal rates of return applied by the undertaking concerned in other investment projects of a similar kind or, if these rates are not available, to an increase of its IRR beyond the cost of capital of the undertaking as a whole or beyond the rates of return commonly observed in the sector concerned

2.3.21. Does the analysis on the proportionality of individually notifiable investment aid use the calculations for the analysis of the incentive effect (points (55) to (58) of the Guidelines)? ☐yes ☐no Please provide the analysis and demonstrate the proportionality on the basis of supporting documentation (for example, through the documentation set out in point (56) of the Guidelines): …


	2.3.21.	Does the analysis on the proportionality of individually notifiable investment aid use the calculations for the analysis of the incentive effect (points (55) to (58) of the Guidelines)? ☐yes ☐no Please provide the analysis and demonstrate the proportionality on the basis of supporting documentation (for example, through the documentation set out in point (56) of the Guidelines): …

2.3.22. Where the aid granted is granted for investments to large enterprises under notified schemes, is it ensured that the aid amount corresponds to the net extra costs of implementing the investment in the area concerned, compared to the counterfactual scenario in the absence of aid? ☐yes ☐no Please justify your assessment: … Please note that, pursuant to point (96) of the Guidelines, in order to ensure that the aid amount corresponds to the net extra costs of implementing the investment in the area concerned, compared to the counterfactual scenario in the absence of aid, the method set out in point (95) of the Guidelines must be used together with maximum aid intensities as a cap.


	2.3.22.	Where the aid granted is granted for investments to large enterprises under notified schemes, is it ensured that the aid amount corresponds to the net extra costs of implementing the investment in the area concerned, compared to the counterfactual scenario in the absence of aid? ☐yes ☐no Please justify your assessment: … Please note that, pursuant to point (96) of the Guidelines, in order to ensure that the aid amount corresponds to the net extra costs of implementing the investment in the area concerned, compared to the counterfactual scenario in the absence of aid, the method set out in point (95) of the Guidelines must be used together with maximum aid intensities as a cap.

2.3.23. Is the beneficiary a municipality that is an autonomous local authority with an annual budget of less than EUR 10 million and fewer than 5 000 inhabitants? ☐yes ☐no If the answer is yes, please note that points (94) to (97) of the Guidelines do not apply.


	2.3.23.	Is the beneficiary a municipality that is an autonomous local authority with an annual budget of less than EUR 10 million and fewer than 5 000 inhabitants? ☐yes ☐no If the answer is yes, please note that points (94) to (97) of the Guidelines do not apply.

Cumulation of aid

2.3.24. Is the notified aid granted concurrently under several schemes or cumulated with ad hoc aid? ☐yes ☐no If the answer to the previous question is yes, is the total amount of State aid for an activity or project limited to the maximum aid intensity or maximum aid amount laid down in the Guidelines? ☐yes ☐no


	2.3.24.	Is the notified aid granted concurrently under several schemes or cumulated with ad hoc aid? ☐yes ☐no If the answer to the previous question is yes, is the total amount of State aid for an activity or project limited to the maximum aid intensity or maximum aid amount laid down in the Guidelines? ☐yes ☐no

2.3.25. Does the notification concern aid with identifiable eligible costs? ☐yes ☐no If the answer is yes, will that aid be cumulated with other aid concerning different identifiable eligible costs? ☐yes ☐no If the answer is yes, please provide a justification: …


	2.3.25.	Does the notification concern aid with identifiable eligible costs? ☐yes ☐no If the answer is yes, will that aid be cumulated with other aid concerning different identifiable eligible costs? ☐yes ☐no If the answer is yes, please provide a justification: …

2.3.26. Will the aid with identifiable eligible costs be cumulated with other State aid in relation to the same eligible costs? ☐yes ☐no If the answer is yes, please confirm that such cumulation does not result in exceeding the highest aid intensity or aid amount applicable to the type of aid under the Guidelines. ☐yes ☐no Pursuant to point (100) of the Guidelines, the aid with identifiable eligible costs cumulated with any other State aid, in relation to the same eligible costs, can be partly or fully overlapping only if such cumulation does not result in exceeding the highest aid intensity or aid amount applicable to this type of aid under the Guidelines.


	2.3.26.	Will the aid with identifiable eligible costs be cumulated with other State aid in relation to the same eligible costs? ☐yes ☐no If the answer is yes, please confirm that such cumulation does not result in exceeding the highest aid intensity or aid amount applicable to the type of aid under the Guidelines. ☐yes ☐no Pursuant to point (100) of the Guidelines, the aid with identifiable eligible costs cumulated with any other State aid, in relation to the same eligible costs, can be partly or fully overlapping only if such cumulation does not result in exceeding the highest aid intensity or aid amount applicable to this type of aid under the Guidelines.

2.3.27. Does the notification concern aid without identifiable eligible costs? ☐yes ☐no If the answer is yes, will that aid be cumulated with other State aid with identifiable eligible costs? ☐yes ☐no


	2.3.27.	Does the notification concern aid without identifiable eligible costs? ☐yes ☐no If the answer is yes, will that aid be cumulated with other State aid with identifiable eligible costs? ☐yes ☐no

2.3.28. Will the aid without identifiable eligible costs be cumulated with other State aid without identifiable eligible costs? ☐yes ☐no If the answer is yes, please confirm that such cumulation does not result in exceeding the highest relevant aid intensity or aid amount fixed in the Guidelines or other State aid guidelines, or block exemption regulation or a decision adopted by the Commission. ☐yes ☐no If the answer is yes, please specify the maximum threshold of the applicable aid instrument: … Pursuant to point (101) of the Guidelines, aid without identifiable eligible costs may only be cumulated with other State aid without identifiable eligible costs, up to the highest relevant total financing threshold fixed in the specific circumstances of each case by the Guidelines or other State aid guidelines, a regulation on block exemption or a decision adopted by the Commission.


	2.3.28.	Will the aid without identifiable eligible costs be cumulated with other State aid without identifiable eligible costs? ☐yes ☐no If the answer is yes, please confirm that such cumulation does not result in exceeding the highest relevant aid intensity or aid amount fixed in the Guidelines or other State aid guidelines, or block exemption regulation or a decision adopted by the Commission. ☐yes ☐no If the answer is yes, please specify the maximum threshold of the applicable aid instrument: … Pursuant to point (101) of the Guidelines, aid without identifiable eligible costs may only be cumulated with other State aid without identifiable eligible costs, up to the highest relevant total financing threshold fixed in the specific circumstances of each case by the Guidelines or other State aid guidelines, a regulation on block exemption or a decision adopted by the Commission.

2.3.29. Is aid in favour of the fishery and aquaculture sector cumulated with payments referred referred to in Regulation (EU) 2021/1139 in respect of the same eligible costs? ☐yes ☐no If the answer is yes, will such cumulation respect an aid intensity or aid amount laid down in the Guidelines? ☐yes ☐no


	2.3.29.	Is aid in favour of the fishery and aquaculture sector cumulated with payments referred referred to in Regulation (EU) 2021/1139 in respect of the same eligible costs? ☐yes ☐no If the answer is yes, will such cumulation respect an aid intensity or aid amount laid down in the Guidelines? ☐yes ☐no

2.3.30. Is the aid combined with Union fund(s) centrally managed by the institutions, agencies, joint undertakings or other bodies of the Union that is/are not directly or indirectly under the control of the Member State? ☐yes ☐no Please note that pursuant to point (103) of the Guidelines, if the Union funds are not directly or indirectly under the control of the Member State, only the State aid will be considered for determining whether notification thresholds and maximum aid intensities and ceilings are respected, provided that the total amount of public funding granted in relation to the same eligible costs does not exceed the most favourable funding rate(s) laid down in the applicable rules of Union law. Please confirm that this is the case: ☐yes ☐no Please provide information on the applicable Union law, referred to in point (103) of the Guidelines: …


	2.3.30.	Is the aid combined with Union fund(s) centrally managed by the institutions, agencies, joint undertakings or other bodies of the Union that is/are not directly or indirectly under the control of the Member State? ☐yes ☐no Please note that pursuant to point (103) of the Guidelines, if the Union funds are not directly or indirectly under the control of the Member State, only the State aid will be considered for determining whether notification thresholds and maximum aid intensities and ceilings are respected, provided that the total amount of public funding granted in relation to the same eligible costs does not exceed the most favourable funding rate(s) laid down in the applicable rules of Union law. Please confirm that this is the case: ☐yes ☐no Please provide information on the applicable Union law, referred to in point (103) of the Guidelines: …

2.3.31. Where the aid authorised under the Guidelines is cumulated with de minimis aid in respect of the same eligible costs, does such cumulation respect an aid intensity or aid amount fixed in the Guidelines? ☐yes ☐no Pursuant to point (104) of the Guidelines, aid authorised under the Guidelines should not be cumulated with any de minimis aid in respect of the same eligible costs if such cumulation would result in an aid intensity or aid amount exceeding that fixed in these Guidelines.


	2.3.31.	Where the aid authorised under the Guidelines is cumulated with de minimis aid in respect of the same eligible costs, does such cumulation respect an aid intensity or aid amount fixed in the Guidelines? ☐yes ☐no Pursuant to point (104) of the Guidelines, aid authorised under the Guidelines should not be cumulated with any de minimis aid in respect of the same eligible costs if such cumulation would result in an aid intensity or aid amount exceeding that fixed in these Guidelines.

2.4. Transparency To provide the information in this section, please refer to section 3.2.4. (points 105 - 108) of the Guidelines.


	2.4.	Transparency To provide the information in this section, please refer to section 3.2.4. (points 105 - 108) of the Guidelines.

2.4.1. Will the Member State ensure the publication of the following information in the European Commission’s transparency award module on a comprehensive State aid website at national or regional level? ☐ the full text of the aid scheme and its implementing provisions or legal basis for individual aid, or a link to it; ☐ the identity of the granting authority/(ies); ☐ the identity of the individual beneficiaries, the form and amount of aid granted to each beneficiary, the date of granting, the type of undertaking (SME/ large enterprise), the region in which the beneficiary is located (at NUTS level II) and the principal economic sector in which the beneficiary has its activities (at NACE group level). Such a requirement can be waived with respect of individual aid awards not exceeding the threshold of EUR 10 000.


	2.4.1.	Will the Member State ensure the publication of the following information in the European Commission’s transparency award module on a comprehensive State aid website at national or regional level? ☐ the full text of the aid scheme and its implementing provisions or legal basis for individual aid, or a link to it; ☐ the identity of the granting authority/(ies); ☐ the identity of the individual beneficiaries, the form and amount of aid granted to each beneficiary, the date of granting, the type of undertaking (SME/ large enterprise), the region in which the beneficiary is located (at NUTS level II) and the principal economic sector in which the beneficiary has its activities (at NACE group level). Such a requirement can be waived with respect of individual aid awards not exceeding the threshold of EUR 10 000.

2.4.2. Please confirm as regards the aid schemes in the form of tax advantages that the information on individual aid amount is provided in the following ranges (in EUR million): ☐ 0,01 to 0,03 ☐ 0,03 to 0,5; ☐ 0,5 to 1; ☐ 1 to 2; ☐ 2 and more.


	2.4.2.	Please confirm as regards the aid schemes in the form of tax advantages that the information on individual aid amount is provided in the following ranges (in EUR million): ☐ 0,01 to 0,03 ☐ 0,03 to 0,5; ☐ 0,5 to 1; ☐ 1 to 2; ☐ 2 and more.

2.4.3. Please explain whether the information set out in point (105) of the Guidelines will be published: ☐ in the European Commission’s transparency award module ²⁵¹; ☐ on a comprehensive national or regional State aid website. Please provide the link of the comprehensive national or regional State aid website where the information will be published: …


	2.4.3.	Please explain whether the information set out in point (105) of the Guidelines will be published: ☐ in the European Commission’s transparency award module ²⁵¹; ☐ on a comprehensive national or regional State aid website. Please provide the link of the comprehensive national or regional State aid website where the information will be published: …

2.4.4. Please confirm that such information: ☐ will be published after the decision to grant the aid has been taken ²⁵²; ☐ will be kept for at least 10 years; ☐ will be available for the general public without restrictions.


	2.4.4.	Please confirm that such information: ☐ will be published after the decision to grant the aid has been taken ²⁵²; ☐ will be kept for at least 10 years; ☐ will be available for the general public without restrictions.

2.4.5. Please confirm that reporting and revision as required in Part III, Section 4 will be carried out: ☐yes ☐no Please note that pursuant to point (108) of the Guidelines, for reasons of transparency Member States must carry out reporting and revision as required in Part III, Section 4 of the Guidelines.


	2.4.5.	Please confirm that reporting and revision as required in Part III, Section 4 will be carried out: ☐yes ☐no Please note that pursuant to point (108) of the Guidelines, for reasons of transparency Member States must carry out reporting and revision as required in Part III, Section 4 of the Guidelines.

2.5. Avoidance of adverse negative effects on competition and trade To provide the information in this section, please refer to section 3.2.5 (points (109)-(124)) of the Guidelines. Aid for the fishery and aquaculture sector may potentially cause product market distortions. Certain aid may raise concerns on building up overcapacity in declining markets regarding the primary production of fisheries and aquaculture products and their processing and marketing. For the aid to be compatible with the internal market, the negative effects of the aid in terms of distortions of competition and impact on trade between Member States must be minimised or avoided. Even where aid is necessary and proportionate, it may result in a change of the behaviour of the beneficiary undertaking which distorts competition. This is more likely in the fishery and aquaculture sector which differs from other markets due to its specific structure, as it is characterised by a high number of small undertakings involved and by fish stocks being a common, limited resource. On such markets the risk of distortion of competition is high even when only small amounts of aid are granted. Pursuant to point (110) of the Guidelines, the Commission will identify the market(s) affected by the aid, taking into account the information provided by the Member State on the product market(s) concerned, that, is to say the market(s) affected by the change in behaviour of the aid beneficiary.


	2.5.	Avoidance of adverse negative effects on competition and trade To provide the information in this section, please refer to section 3.2.5 (points (109)-(124)) of the Guidelines. Aid for the fishery and aquaculture sector may potentially cause product market distortions. Certain aid may raise concerns on building up overcapacity in declining markets regarding the primary production of fisheries and aquaculture products and their processing and marketing. For the aid to be compatible with the internal market, the negative effects of the aid in terms of distortions of competition and impact on trade between Member States must be minimised or avoided. Even where aid is necessary and proportionate, it may result in a change of the behaviour of the beneficiary undertaking which distorts competition. This is more likely in the fishery and aquaculture sector which differs from other markets due to its specific structure, as it is characterised by a high number of small undertakings involved and by fish stocks being a common, limited resource. On such markets the risk of distortion of competition is high even when only small amounts of aid are granted. Pursuant to point (110) of the Guidelines, the Commission will identify the market(s) affected by the aid, taking into account the information provided by the Member State on the product market(s) concerned, that, is to say the market(s) affected by the change in behaviour of the aid beneficiary.

2.5.1. Please describe the product market(s) concerned, i.e., the market(s) affected by the change in behaviour of the aid beneficiary. … Please note that in assessing the negative effects of the aid measure, the Commission will focus its analysis of the distortions of competition on the predictable impact the aid in the fishery and aquaculture sector on competition between undertakings in the product market(s) affected ²⁵³.


	2.5.1.	Please describe the product market(s) concerned, i.e., the market(s) affected by the change in behaviour of the aid beneficiary. … Please note that in assessing the negative effects of the aid measure, the Commission will focus its analysis of the distortions of competition on the predictable impact the aid in the fishery and aquaculture sector on competition between undertakings in the product market(s) affected ²⁵³.

2.5.2. Is the aid is well targeted, proportionate and limited to the net extra costs? ☐yes ☐no Pursuant to point (111) of the Guidelines, if the aid is well targeted, proportionate and limited to the net extra costs, the negative impact of the aid is softened and the risk that the aid will adversely distort competition will be more limited. In order to provide this information, please refer also to Section 2.1.1. of this Information sheet. Please justify your assessment. …


	2.5.2.	Is the aid is well targeted, proportionate and limited to the net extra costs? ☐yes ☐no Pursuant to point (111) of the Guidelines, if the aid is well targeted, proportionate and limited to the net extra costs, the negative impact of the aid is softened and the risk that the aid will adversely distort competition will be more limited. In order to provide this information, please refer also to Section 2.1.1. of this Information sheet. Please justify your assessment. …

2.5.3. Is the maximum aid intensity or aid amount as set out in a specific Section of the Guidelines respected? ☐yes ☐no Please provide the maximum aid intensity or the aid amount: … The Commission considers that if the maximum aid intensity or aid amount is respected, the negative impact of the aid is softened and the risk that the aid will adversely distort competition is more limited.


	2.5.3.	Is the maximum aid intensity or aid amount as set out in a specific Section of the Guidelines respected? ☐yes ☐no Please provide the maximum aid intensity or the aid amount: … The Commission considers that if the maximum aid intensity or aid amount is respected, the negative impact of the aid is softened and the risk that the aid will adversely distort competition is more limited.

Investment aid schemes for the processing and marketing of fishery and aquaculture products

2.5.4. For investment aid schemes for the processing and/or the marketing of fishery and aquaculture products, please demonstrate that any negative effects will be limited to the minimum taking into account, for example, the size of the projects concerned, the individual and cumulative aid amounts, the expected beneficiaries as well as the characteristics of the targeted sectors. …


	2.5.4.	For investment aid schemes for the processing and/or the marketing of fishery and aquaculture products, please demonstrate that any negative effects will be limited to the minimum taking into account, for example, the size of the projects concerned, the individual and cumulative aid amounts, the expected beneficiaries as well as the characteristics of the targeted sectors. …

2.5.5. Regarding investment aid schemes for the processing and/or marketing of fishery and aquaculture products, the Member States are encouraged to submit an impact assessment at their disposal as well as ex-post evaluations carried out for similar schemes in order to enable the Commission to assess the likely negative effects of the aid scheme. — Is an impact assessment submitted together with the notification? ☐yes ☐no — Is an ex post evaluation submitted together with the notification? ☐yes ☐no


	2.5.5.	Regarding investment aid schemes for the processing and/or marketing of fishery and aquaculture products, the Member States are encouraged to submit an impact assessment at their disposal as well as ex-post evaluations carried out for similar schemes in order to enable the Commission to assess the likely negative effects of the aid scheme. — Is an impact assessment submitted together with the notification? ☐yes ☐no — Is an ex post evaluation submitted together with the notification? ☐yes ☐no

Individually notifiable investment aid for the processing and/or marketing of fishery and aquaculture products and investment aid to large enterprises under notified schemes

Pursuant to point (116) of the Guidelines, in appraising the negative effects of individual investment aid, the Commission places particular emphasis on the negative effects linked with the build-up of overcapacity in declining markets, the prevention of exit, and the notion of substantial market power. These negative effects are described in points (117) to (124) of the Guidelines and must be counterbalanced with the positive effects of the aid.

2.5.6. In order to allow the Commission to identify and assess the potential distortions of competition and trade, please provide evidence permitting the Commission to identify the product markets concerned (that is to say, products affected by the change in the behaviour of the aid beneficiary) and to identify the competitors and customers/consumers affected: … Pursuant to point (117) of the Guidelines, the product concerned is typically the product covered by the investment project ²⁵⁴. When the project concerns an intermediate product and a significant part of the output is not sold on the market, the product concerned may be the downstream product. The relevant product market includes the product concerned and its substitutes considered to be such, either by the consumer (by reason of the product’s characteristics, prices, or intended use) or by the producer (by reason of flexibility of production installations). Please indicate what you regard as the relevant demand and supply side substitutes in this case. Please provide evidence, from an independent third party, if possible, to support your conclusions on this point. …


	2.5.6.	In order to allow the Commission to identify and assess the potential distortions of competition and trade, please provide evidence permitting the Commission to identify the product markets concerned (that is to say, products affected by the change in the behaviour of the aid beneficiary) and to identify the competitors and customers/consumers affected: … Pursuant to point (117) of the Guidelines, the product concerned is typically the product covered by the investment project ²⁵⁴. When the project concerns an intermediate product and a significant part of the output is not sold on the market, the product concerned may be the downstream product. The relevant product market includes the product concerned and its substitutes considered to be such, either by the consumer (by reason of the product’s characteristics, prices, or intended use) or by the producer (by reason of flexibility of production installations). Please indicate what you regard as the relevant demand and supply side substitutes in this case. Please provide evidence, from an independent third party, if possible, to support your conclusions on this point. …

2.5.7. As a result of the aid, will an additional production capacity be created by the project? ☐yes ☐no If the answer is yes, please provide an estimate of the additional production capacity created (in volume and value terms): …


	2.5.7.	As a result of the aid, will an additional production capacity be created by the project? ☐yes ☐no If the answer is yes, please provide an estimate of the additional production capacity created (in volume and value terms): …

2.5.8. Please provide information on the performance of the products market affected by the aid, i.e., whether it is growing or underperforming: …


	2.5.8.	Please provide information on the performance of the products market affected by the aid, i.e., whether it is growing or underperforming: …

2.5.9. If the product market affected by the aid is underperforming, please specify whether, in a long-term outlook, the market is structurally in decline (i.e., it is contracting) or in relative decline (i.e., it is still growing, but does not exceed a benchmark growth rate): …


	2.5.9.	If the product market affected by the aid is underperforming, please specify whether, in a long-term outlook, the market is structurally in decline (i.e., it is contracting) or in relative decline (i.e., it is still growing, but does not exceed a benchmark growth rate): …

2.5.10. In case the geographic market is global, in order to assess the performance of the product market affected by the aid, please provide information on the effect of the aid on the market structures concerned, in particular, its potential to crowd out producers in the EEA: …


	2.5.10.	In case the geographic market is global, in order to assess the performance of the product market affected by the aid, please provide information on the effect of the aid on the market structures concerned, in particular, its potential to crowd out producers in the EEA: …

2.5.11. Please provide information, and supporting evidence, on the relevant geographical market of the beneficiary. …


	2.5.11.	Please provide information, and supporting evidence, on the relevant geographical market of the beneficiary. …

2.5.12. Please specify all the product(s) that will be produced upon the completion of the investment and indicate, where appropriate, the NACE code or CPA nomenclature: …


	2.5.12.	Please specify all the product(s) that will be produced upon the completion of the investment and indicate, where appropriate, the NACE code or CPA nomenclature: …

2.5.13. Please indicate whether the product(s) envisaged by the project will replace any other products produced by the beneficiary (at group level): ☐yes ☐no If the answer is yes, please specify the product(s) which will be replaced. If these replaced products are not produced at the location of the project, indicate where they are currently produced. Please provide a description of the link between the replaced production and the current investment and give a time schedule for the replacement: …


	2.5.13.	Please indicate whether the product(s) envisaged by the project will replace any other products produced by the beneficiary (at group level): ☐yes ☐no If the answer is yes, please specify the product(s) which will be replaced. If these replaced products are not produced at the location of the project, indicate where they are currently produced. Please provide a description of the link between the replaced production and the current investment and give a time schedule for the replacement: …

2.5.14. Please indicate what other product(s) can be produced with the same new facilities (through flexibility of the production installation of the beneficiary) at little or no additional cost: …


	2.5.14.	Please indicate what other product(s) can be produced with the same new facilities (through flexibility of the production installation of the beneficiary) at little or no additional cost: …

2.5.15. Please explain whether the project concerns an intermediate product and whether a significant part of the output is sold otherwise than on the market (under market conditions). Based on the above explanation, for the purpose of calculating the market share and capacity increase in the remainder of the section, please indicate whether the product concerned is the product envisaged by the project or whether it is a downstream product. …

2.5.16. In order to assess the market power of the beneficiary, please provide the following information on the beneficiary’s market position (over a period of time before receiving the aid and the expected market position after finalising the investment): (a) an estimate of all sales (in value and volume terms) of the aid recipient in the relevant market (at group level): … (b) an estimate of the overall sales of all producers in the relevant market (in volume and value terms). If available, include statistics prepared by public and/or independent sources: …

2.5.17. Please provide information on the market shares of the beneficiary, as well as of the market shares of its competitors: …

2.5.18. Please provide an assessment of the structure of the relevant market including, for example, the level of concentration in the market, possible barriers to entry, buyer power and barriers to expansion or exit. Please provide evidence, from an independent third party if possible, to support your conclusions on this point. …

2.6. Weighting up the positive and negative effects of the aid (balancing test)) To provide the information in this section, please refer to section 3.2.6 (points (125)–(138)) of the Guidelines. The Commission assesses whether the positive effects of the aid measure outweigh the identified negative effects on competition and trading conditions. The Commission may conclude on the compatibility of the aid measure with the internal market only where the positive effects outweigh the negative ones. In cases where the proposed aid measure does not address a well-identified market failure in an appropriate and proportionate way, the negative distortive effects on competition will tend to outweigh the positive effects of the measure, hence the Commission is likely to conclude that the proposed aid measure is incompatible with the internal market. Pursuant to point (138) of the Guidelines, for aid categories in Part I, Chapter 2, Sections 2.1.2, 2.2 and point (24) of Section 2.3 and Part II, Chapter 2, Section 2.1 and Section 2.3 and Chapter 3 of the Guidelines, the Commission will balance the identified negative effects on competition and trading conditions of the aid measure with the positive effects of the planned aid on the supported economic activities, including its contribution to the objectives of the CFP, including the objectives of the EMFAF.

2.6.1. Please specify the positive and negative impacts of the aid on the achievement of the objectives of the Common Fisheries Policy (CFP) set out in Article 2 of Regulation (EU) No 1380/2013 of the European Parliament and of the Council ²⁵⁵ and of Regulation (EU) 2021/1139: …

2.6.2. Will the aid contravene the objective that fishing and aquaculture activities are environmentally sustainable in the long-term and managed in a way that is consistent with the objectives of achieving economic, social and employment benefits and of contributing to the availability of food supply (Article 2(1) of Regulation (EU) No 1380/2013)? ☐yes ☐no Please justify your assessment: …

2.6.3. Will the aid contravene the objective to ensure coherence with Union environmental legislation (Article 2(5), point (j), of Regulation (EU) No 1380/2013). ☐yes ☐no Please justify your assessment: … If your answer is yes to question 2.6.2 or question 2.6.3 above, please note that pursuant to point (127) of the Guidelines, measures that contravene any of those objectives are unlikely to create positive effects for the CFP and may have negative effects on competition and trade because of the limited resources for which undertakings in the sector are competing. This will render a positive balancing for such measures unlikely.

2.6.4. Pursuant to points (127) and (134) of the Guidelines, please provide information on the impact of the aid on any risk of fishing capacity enhancement of the concerned vessels and the fleet (in kW or GT), on overfishing or displacement of fishing efforts that could lead to such overfishing, as well as on the balance between the fishing capacity and the available fishing opportunities: … Please note that pursuant to point (134) of the Guidelines, aid that contributes to fishing capacity enhancement or results in overfishing or displacement of fishing efforts will likely undermine the objectives of the CFP. Taking into account the legal and economic context of the fisheries sector, where undertakings are competing for limited resources, measures with such effects that are in principle considered to be harmful are unlikely to result in a positive result of the balancing exercise.

2.6.5. Does the aid fulfil the conditions laid down in the following sections of the Guidelines? ☐ aid for categories of measures covered by Regulations on bock exemption (Part I, Chapter 2, Section 2.3); ☐ aid to make good the damage caused by natural disasters or exceptional occurrences (Part II, Chapter 1, Section 1.1); ☐ aid to make good the damage caused by adverse climatic events which can be assimilated to a natural disaster (Part II, Chapter 1, Section 1.2); ☐ aid for the costs of prevention, control and eradication of animal diseases in aquaculture and of infestations by invasive alien species, and aid to make good the damage caused by those animal diseases and infestations (Part II, Chapter 1, Section 1.3); ☐ aid to make good the damage caused by protected animals (Part II, Chapter 1, Section 1.4); ☐ aid for investments to prevent and mitigate the damage caused by risk events (Part II, Chapter 1, Section 1.5); ☐ aid for the renewal of the fishing fleet in outermost regions (Part II, Chapter 2, Section 2.2). Please note that pursuant to point (128) of the Guidelines, due to its positive effects on the development of the fishery and aquaculture sector, the Commission considers that for aid fulfilling the conditions laid down in Part I, Chapter 2, Section 2.3, Part II, Chapter 1, Sections 1.1, 1.2 1.3, 1.4 and 1.5, and Part II, Chapter 2, Section 2.2, the negative effect on competition and trade between Member States is limited to the minimum.

2.6.6. Is the aid co-financed under the EMFAF? ☐yes ☐no Please note that pursuant to point (129) of the Guidelines, the Commission consider that the related positive effects have been established, with respect to State aid which is co-financed under the EMFAF.

2.6.7. Does the aid contribute to conservation policy objective(s) by phasing out derogations currently permitted under CFP rules (e.g., derogations from the landing obligation)? ☐yes ☐no If the answer is yes, please refer to the CFP rules permitting the derogation and explain how the aid contributes to the CFP’s conservation objectives? … Pursuant to point (130) of the Guidelines, aid that contributes to conservation policy objectives by phasing out derogations currently permitted under CFP rules, such as derogations from the landing obligation, will be considered to have a positive effect for the objectives of the CFP.

2.6.8. Does the aid support environmental policy objectives that can be linked to any of the following conservation effort(s) by: ☐ contributing to the good environmental status, as set out in Article 1(1) of Directive 2008/56/EC of the European Parliament and of the Council ²⁵⁶; ☐ implementing and monitoring marine protected areas, in accordance with Directive 2009/147/EC of the European Parliament and of the Council ²⁵⁷, Council Directive 92/43/EEC ²⁵⁸ and Directive 2008/56/EC; ☐ implementing actions contributing to restoring river continuity under Directive 2000/60/EC of the European Parliament and of the Council ²⁵⁹; ☐ implementing actions related to Directive (EU) 2019/904 of the European Parliament and of the Council ²⁶⁰ for fishing gears/plastic; ☐ putting in place priority action framework measures for Natura 2000 sites ²⁶¹. Please provide information on the conservation effort. … Pursuant to point (131) of the Guidelines, the Commission considers that the above listed aids positively contribute to the objectives of the CFP.

2.6.9. Is the aid granted in favour of investments? ☐yes ☐no If the answer is yes, please provide information under Article 3 of Regulation (EU) 2020/852 of the European Parliament and of the Council ²⁶² (criteria for environmentally sustainable economic activities), including as regards the “Do no significant harm” principle, or other comparable methodologies (such as the ecosystem-based approach applied to the management of marine fisheries in line with Article 2(3) of Regulation (EU) No 1380/2013). …

2.6.10. Does the aid bring about other positive effect? ☐yes ☐no If the answer is yes, please indicate which Union policy it reflects: ☐ European Green Deal (COM/2019/640 final) ☐ Sustainable blue economy (COM/2021/240 final) ☐ Farm to Fork Strategy (COM/2020/381final) ☐ Circular Economy Action Plan (COM/2020/98 final). ☐ Biodiversity Strategy (COM/2020/380 final) ☐ EU Action Plan: “Towards Zero Pollution for Air, Water and Soil” (COM/2021/400 final) ☐ EU Strategy on adaptation to climate change (COM/2013/0216 final and COM/2021/82 final) ☐ Energy efficiency considerations, in particular concerning the first principle of energy efficiency ²⁶³ ☐ the initiative on Shaping Europe’s Digital Future Communication (COM/2020/67 final) ☐ Other (please specify): … Please provide further details on the positive effect of aid and explain how is the aid aligned with the Union policy(ies) indicated above: …

2.6.11. Does the measure constitute aid: ☐ that increase the fishing capacity of a fishing vessel; ☐ for the acquisition of equipment that increase the ability of a fishing vessel to find fish; ☐ for the construction, acquisition or importation of fishing vessels; ☐ for the transfer or reflagging of fishing vessels to third countries, including through the creation of joint ventures with partners of third countries; ☐ for the temporary cessation of fishing activities; ☐ for the permanent cessation of fishing activities; ☐ for exploratory fishing; ☐ for the transfer of ownership of a business; ☐ for the direct restocking, except as the case may be in the case of experimental restocking; ☐ for the construction of new ports or new auction halls, with the exception of new landing sites; ☐ for market intervention mechanisms aiming to temporarily or permanently withdraw fishery or aquaculture products from the market with a view to reducing supply in order to prevent price decline or to drive prices up that do not comply with Articles 30 and 31 Regulation (EU) No 1379/2013 of the European Parliament and of the Council ²⁶⁴; ☐ for investments on board fishing vessels necessary to comply with the requirements under Union law in force at the time of submission of the application for aid, including requirements under the Union’s obligations in the context of regional fisheries management organisations; ☐ for investments on board fishing vessels that have carried out fishing activities for less than 60 days in the two calendar years preceding the year of submission of the application for aid; ☐ for the replacement or modernisation of a main or ancillary engine of a fishing vessel. Please note that the above types of aid measures are in principle considered to be harmful, therefore pursuant to point (135) of the Guidelines, with the exception of aid provided for explicitly in the Guidelines, the balancing test is unlikely to be positive with regard to the above types of aid measures. If you marked a box relating to any of the above aid categories, please explain under which section of the Guidelines such aid is provided for: …

2.6.12. Please confirm whether the aid measure includes the following conditions: (a) ☐safeguards ensuring that the applicant for State aid, or if no application is required an equivalent act, provides that the beneficiary undertaking, complies with the rules of the CFP and continue to do so throughout the period of implementation of the project (“grant period”) and for a period of five years after the final payment of the aid to the undertaking; (b) ☐provide that a beneficiary undertaking becomes inadmissible to apply for aid where during the grant period and for a period of five years after the final payment, the beneficiary undertaking ☐ has not complied with the rules of the CFP; or ☐ where the application for aid is submitted under Articles 32 to 39 of Regulation (EU) 2022/2473: beneficiary undertaking committed one or more of the environmental offences laid down in Articles 3 and 4 of Directive 2008/99/EC of the European Parliament and of the Council ²⁶⁵, as determined by the competent national authority If you confirmed the above conditions, please indicate whether in those cases the beneficiary must reimburse the aid in proportion to the non-compliance or offence: ☐yes ☐no Please specify the criteria according to which the national authorities will establish the proportionality to the non-compliance or offence: … Please note that pursuant to point (136) of the Guidelines, the balancing test is unlikely to be positive with regard to aid measures that do not include the above conditions. Pursuant to point (137) of the Guidelines, only two exceptions are allowed. In case you have not included the above conditions ((a) and (b)) for the aid measure, please confirm whether the aid meets the specific conditions for: ☐ aid to make good the damage caused by natural disasters or exceptional occurrences (set out in Part II, Chapter 1, Section 1.1 of the Guidelines); ☐ aid for the costs of prevention, control and eradication of animal diseases in aquaculture (set out in Part II, Chapter 1, Section 1.3 of the Guidelines).

2.7. Other information

Horizontal and other aid instruments applicable to the fishery and aquaculture sector

To provide the information in this section, please refer to Part I, Section 2.2 (points (8), (20)-(22)) of the Guidelines.

To all aid granted to the fishery and aquaculture sector, the Guidelines apply pursuant to point (8) thereof. This includes the components of regional aid that relate to the fishery and aquaculture sector. They also apply to all other aid that is granted to the fishery and aquaculture sector within the framework of the European Union funds.

The horizontal guidelines and other instruments include the Criteria for the analysis of the compatibility of State aid for training subject to individual notification ²⁶⁶, the Guidelines on State aid to promote risk finance investments ²⁶⁷, the Framework for State aid for research and development and innovation ²⁶⁸, Guidelines on State aid for climate, environmental protection and energy 2022 ²⁶⁹, the Guidelines on State aid for rescuing and restructuring non-financial undertakings in difficulty ²⁷⁰, the State aid rules for the deployment of broadband networks ²⁷¹ and the Criteria for the compatibility analysis of State aid to disadvantaged and disabled workers subject to individual notification ²⁷². The Guidelines on regional State aid for 2022-2027 ²⁷³ do not apply to the fishery and aquaculture sector, save where State aid is granted in that sector as part of a horizontal regional operating aid scheme.

Where aid falls under a horizontal or other aid instruments, the Commission will assess such aid on the basis of the principles set out in the relevant Sections of those horizontal and other State aid instruments jointly with the conditions set out in Part I, Chapter 3, Section 3.1.3 and Section 3.2.6, of the Guidelines. Please fill in Sections 1.3 and 2.6 of this general information sheet and, in addition, please fill in and attach to your notification the other forms applicable to those horizontal guidelines or instruments.

2.7.1. Does the aid fall within the scope of certain horizontal guidelines or other instruments adopted by the Commission? ☐yes ☐no If the answer is yes, please indicate the relevant horizontal guidelines or instruments and the relevant provisions of those acts and demonstrate that the aid fulfils all the criteria set out in the relevant provisions of those acts. …

Aid for categories of measures covered by Regulations on block exemptions

To provide the information in this section, please refer to Part I, Section 2.3 (points (23)-(25) and (28)) of the Guidelines.

Where aid benefitting SMEs or large enterprises is of the same kind as aid falling within a category of aid that can be considered compatible with the internal market either under Regulation (EU) 2022/2473 or under Commission Regulation (EU) No 651/2014 ²⁷⁴, please fill in all sections of Part 1 (First condition) and Part 2 (Second condition) of this general information sheet (from section 1.1 to section 2.6) in addition to this section. Please note that, pursuant to points (23) and (24) of the Guidelines, the Commission will assess such aid taking into account the compatibility assessment under Article 107(3), point (c), of the Treaty (Part I, Chapter 3 of the Guidelines) and the criteria laid down for each category of aid set out in the applicable block exemption regulation.

2.7.2. Is the aid of the same kind as aid falling within a category of aid that can be considered compatible with the internal market under Regulation (EU) 2022/2473? ☐yes ☐no

2.7.3. Is the aid the same kind that could fall under the following Regulation (EU) 2022/2473 articles? ☐ aid of the same kind as aid falling within the category of aid to make good the damage caused by natural disasters set out in Article 49 of Regulation (EU) 2022/2473; For this aid category, please also fill in the specific notification form related to Part II, Chapter 1, Section 1.1, of the Guidelines. ☐ aid of the same kind as aid falling within the category of aid to make good the damage caused by adverse climatic events which can be assimilated to a natural disaster set out in Article 51 of Regulation (EU) 2022/2473; For this aid category, please also fill in the specific notification form related to Part II, Chapter 1, Section 1.2 of the Guidelines. ☐ aid of the same kind as aid falling within the category of aid for the costs of prevention, control and eradication of animal diseases set out in Article 42 of Regulation (EU) 2022/2473; For this aid category, please also fill in the specific notification form related to Part II, Chapter 1, Section 1.3 of the Guidelines. ☐ aid of the same kind as aid falling within the category of aid to make good the damage caused by protected animals set out in Article 53 of Regulation (EU) 2022/2473; For this aid category, please also fill in the specific notification form related to Part II, Chapter 1, Section 1.4 of the Guidelines. ☐ aid of the same kind as aid falling within the category of aid to prevent and mitigate the damage caused by animal diseases, natural disasters, adverse climatic events which can be assimilated to a natural disaster and protected animals set out in Articles 43, 48, 50 and 52 of Regulation (EU) 2022/2473; For this aid category, please also fill in the specific notification form related to Part II, Chapter 1, Section 1.5 of the Guidelines. ☐ aid of the same kind as aid falling within the category of aid for the first acquisition of a fishing vessel set out in Article 20 of Regulation (EU) 2022/2473. For this aid category, please also fill in the specific notification form related to Part II, Chapter 3, Section 3. of the Guidelines.

2.7.4. With regard to other categories of aid under Regulation (EU) 2022/2473, does the aid fulfil all the criteria set out in the relevant article(s) of Regulation (EU) 2022/2473? ☐yes ☐no If the answer is yes, please indicate the relevant article of Regulation (EU) 2022/2473 and demonstrate compliance with the applicable conditions of Regulation (EU) 2022/2473 for that category of aid: … If the answer is no, please indicate the article of Regulation (EU) 2022/2473 and specify which condition is not complied with and justify the reason for the derogation and demonstrate the indispensability of the aid: …

2.7.5. Is the aid of the same kind as aid falling within a category of aid that can be considered compatible with the internal market under Regulation (EU) No 651/2014? ☐yes ☐no

2.7.6. Does the aid fulfil all the criteria set out in the relevant article(s) of Regulation (EU) No 651/2014? ☐yes ☐no If the answer is yes, please indicate the relevant article of Regulation (EU) No 651/2014 and demonstrate compliance with the applicable conditions of Regulation (EU) No 651/2014 for that category of aid. … If the answer is no, please indicate the article of Regulation (EU) No 651/2014 and specify which condition is not complied with and justify the reason for the derogation and demonstrate the indispensability of the aid. …

Aid for other measures

To provide the information in this section, please refer to Part I, Section 2.1.2 (point (13)) of the Guidelines.

2.7.7. Does the aid correspond to one of the types of aid referred to in Part II, Chapters 1, 2 or 3, and Part I, Chapter 2, Sections 2.2 and 2.3, of the Guidelines? ☐yes ☐no If the answer is yes, please note that the Commission assesses the aid according to the applicable compatibility criteria for that category of aid. If the answer is no, the aid in principle is not compatible with the internal market. If a Member State nevertheless intends to provide such aid or provides such aid, the Commission will assess it on a case-by-case basis directly on the basis of Article 107(3) of the Treaty, taking into account the rules laid down in Articles 107, 108 and 109 of the Treaty, and by analogy the Guidelines. To demonstrate that such aid complies with the principles set out in Part I, Chapter 3 of the Guidelines, please fill in all sections of Part 1 (First condition) and Part 2 (Second condition) of this general information sheet (from Section 1.1 to Section 2.6) in addition to this section. In addition, please provide any other information which clearly demonstrates that the positive effect of the aid outweighs the identified negative effect on competition and trade: …

Aid for Northern Ireland

2.7.8. Is the aid to be granted in Northern Ireland? ☐yes ☐no If the answer is yes, please note that pursuant to point (12) of the Guidelines, for aid to be granted in Northern Ireland, where a measure requires compliance with conditions laid down in Regulation (EU) No 1380/2013 or Regulation (EU) 2021/1139, equivalent information must be provided in the notification to the Commission pursuant to Article 108(3) of the Treaty. Please include such information in the specific notification form for the concerned aid category.

Aid in favour of undertakings in difficulty

Pursuant to point (10) 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.

2.7.9. Is the beneficiary/Are beneficiaries undertakings in difficulty? ☐yes ☐no If the answer is yes, please note that where the beneficiary of the aid is undertaking in difficulty as defined in point (31)(bb) of the Guidelines, the aid will be assessed in accordance with the Guidelines on State aid for rescuing and restructuring firms in difficulty ²⁷⁵. If the answer is no, please provide the reference to the national legal basis concerning this point: …

2.7.10. Point (10) of the Guidelines provides certain exceptions from the principle of not providing State aid to undertakings in financial difficulties. Please indicate in the box if any of the exceptions apply to the notified aid: ☐ aid to compensate for loss or damage caused by natural disasters and exceptional occurrences referred to in Part II, Chapter 1, Section 1.1, of the Guidelines, provided that the aid is compatible with the internal market under Article 107(2), point (b), of the Treaty; ☐ aid to compensate for loss or damage caused by adverse climatic events which can be assimilated to a natural disaster, animal diseases and infestations by invasive alien species and protected animals referred to in Part II, Chapter 1, Section 1.2, 1.3 or 1.4, of the Guidelines, where the financial difficulty of an undertaking active in the fishery and aquaculture sector was caused by those events, provided that aid is compatible with the internal market under Article 107(3), point (c), of the Treaty; ☐ aid for the prevention, control and eradication of animal diseases in aquaculture referred to in point (188)(a) to (c) and (e) to (h) of Part II, Chapter 1, Section 1.3, of the Guidelines, where the economic situation of the undertaking should not be taken into consideration due to an emergency situation and the need to protect public health, provided that the aid is compatible with the internal market under Article 107(3), point (c), of the Treaty; ☐ aid relating to information actions and for promotion measures which are generic in character, provided that they fall under Part I, Chapter 2, Section 2.3, of the Guidelines.

Aid granted to an undertaking which is subject to an outstanding recovery order

2.7.11. Is the aid granted to an undertaking, which is 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, unless one of the exceptions set out below apply. If the answer is no, please provide the reference to the national legal basis concerning this point: …

2.7.12. Please indicate in the box if any of the exceptions apply to the notified aid: ☐ aid to make good the damage caused by natural disasters and exceptional occurrences under Article 107(2), point (b), of the Treaty(Part II, Chapter 1, Section 1.1, of the Guidelines); ☐ aid for the costs of prevention, control and eradication of animal diseases in aquaculture under point (188)(a) to (c) and (e) to (h) of Part II, Chapter 1, Section 1.3, of the Guidelines.

Any other information

2.7.13. Please provide any other information which you deem important/necessary for the due assessment of the notified aid measure: …

1.1. SUPPLEMENTARY INFORMATION SHEET ON AID TO MAKE GOOD THE DAMAGE CAUSED BY NATURAL DISASTERS OR EXCEPTIONAL OCCURRENCES This form must be used by Member States for the notification of any State aid to make good the damage caused by natural disasters or exceptional occurrences as described in Section 1.1 of Chapter 1 of Part II of the Guidelines for State aid in the fishery and aquaculture sector ²⁷⁶ ('the Guidelines').

1. Is the measure an ex ante framework scheme to compensate for the damage caused by natural disasters? ☐yes ☐no If the answer is yes, please disregard questions 10 and 11. Please note that aid granted to compensate damage caused by natural disasters other than those mentioned in point (141) of the Guidelines, and damage caused by exceptional occurrences cannot be notified as part of an ex ante framework and must always be separately notified to the Commission. Please also note that, pursuant to point (147) of the Guidelines, measures derogating from the general rules concerning the time of establishment of schemes and payment of aid must be notified separately.

2. In the case of ex ante framework schemes, please confirm that the Member State will comply with the reporting obligation set out in point (345) of the Guidelines. ☐yes ☐no

3. Please identify the type of natural disaster or exceptional occurrence that caused – or, in the case of an ex ante framework scheme, could cause – the damage for which compensation is provided for? (a) natural disasters: ☐ severe storms ☐ severe floods ☐ earthquakes ☐ avalanches ☐ landslides ☐ tornadoes ☐ hurricanes ☐ volcanic eruptions ☐ wild fires of natural origin ☐ other natural disasters, (b) exceptional occurrences: ☐ war ☐ internal disturbances ☐ strikes ☐ major industrial accidents ☐ major nuclear accidents ☐ fires resulting in widespread loss ☐ other exceptional occurrences. Please note that the outbreak of an animal disease or a plant pest does not, in principle, constitute an exceptional occurrence.

3.1. Please describe in detail the natural disaster or exceptional occurrence. …

4. Please confirm that the competent authority(ies) of the Member State formally recognised the character of the event as a natural disaster or as an exceptional occurrence? ☐yes ☐no

4.1. If the answer is ‘yes’, please identify the relevant provision(s) in the legal basis. …

5. If the notifying Member States established in advance criteria on the basis of which the formal recognition referred to in question 4 is deemed to be granted, please provide those criteria and identify as the national legislation setting them out. …

6. Please confirm that the measure prescribes that there is a direct causal link between the natural disaster or the exceptional occurrence and the damage suffered by the undertaking. ☐yes ☐no

6.1. If the answer is ‘yes’, please identify the relevant provision(s) in the legal basis. …

7. Please demonstrate the direct causal link between the natural disaster or the exceptional occurrence and the damage suffered by the undertakings: …

8. Please confirm that the aid must be paid directly to: (a) ☐the undertaking concerned, (b) ☐a producer group or organisation of which that undertaking is a member.

9. Where the aid is paid to a producer group and organisation, please confirm that the amount of aid must not exceed the amount of aid to which that undertaking is eligible. ☐yes ☐no

9.1. If the answer is ‘yes’, please identify the relevant provision(s) in the legal basis. …

10. Please explain when the event occurred, including its starting and ending dates (as applicable). …

11. Please confirm that the measure is established within three years from the date of the occurrence of the event. ☐yes ☐no

11.1. If the answer is ‘yes’, please identify the relevant provision(s) in the legal basis. …

12. Please confirm that the measure prescribes that aid will be paid out within four years of the date of the occurrence of the event? ☐yes ☐no

12.1. If the answer is ‘yes’, please identify the relevant provision(s) in the legal basis. …

13. Please note that, for a specific natural disaster or exceptional occurrence, the Commission will authorise separately notified aid that derogates from the rule set out in point (147) of the Guidelines in duly justified cases (for example, due to the nature and/or extent of the event or delayed or continuing nature of the damage).

13.1. If that is the case, please provide a detailed justification as to why a derogation from the rule on the time of establishment of schemes and/or payment of aid is warranted. …

14. Please confirm that the eligible costs are the costs of the damage incurred as a direct consequence of the natural disaster or exceptional occurrence. ☐yes ☐no

14.1. If the answer is ‘yes’, please identify the relevant provision(s) in the legal basis. …

15. Please confirm that the damage will be assessed by: (a) ☐a public authority (b) ☐an independent expert recognised by the granting authority (c) ☐an insurance undertaking

15.1. Please identify the body(ies) assessing the damage. …

16. Please confirm whether the damage includes: (a) ☐material damage to assets (such as buildings, equipment, machinery, stocks, and means of production) (b) ☐loss of income due to the full or partial destruction of fishery or aquaculture production or the means of such production (c) ☐both, i.e., the damage includes (a) and (b)

16.1. Please identify the provision(s) of the legal basis that reflect the damage. …

17. Please submit an assessment as precise as possible of the type and extent of damage incurred – or that might be incurred in case of ex ante framework schemes – by undertakings. …

18. Please confirm that the measure prescribes that the damage is calculated at the level of the individual beneficiary. ☐yes ☐no

18.1. If the answer is ‘yes’, please identify the relevant provision(s) in the legal basis. …

19. In case the eligible costs include material damage to assets, please confirm that the calculation of the material damage is based on the repair cost or economic value of the affected asset before the natural disaster or exceptional occurrence. ☐yes ☐no

19.1. If the answer is ‘yes’, please identify the relevant provision(s) in the legal basis. …

20. In case the eligible costs include material damage to assets, please confirm that the calculation of the material damage must not exceed the repair cost or the decrease in fair market value caused by the natural disaster or the exceptional occurrence, that is to say the difference between the asset’s value immediately before and immediately after the natural disaster or exceptional occurrence. ☐yes ☐no

20.1. If the answer is ‘yes’, please identify the relevant provision(s) in the legal basis. …

21. In case the eligible costs include loss of income, please confirm that is it calculated pursuant to point (154) of the Guidelines, that is by subtracting: (a) the result of multiplying the quantity of the fishery and aquaculture products produced in the year of the natural disaster or exceptional occurrence, or in each following year affected by the full or partial destruction of the means of production, by the average selling price obtained during that year, from (b) the result of multiplying the average annual quantity of fishery and aquaculture products produced in the three-year period preceding the natural disaster or exceptional occurrence, or a three-year average based on the five-year period preceding the natural disaster or exceptional occurrence, excluding the highest and lowest entry, by the average selling price obtained. ☐yes ☐no

21.1. If the answer is ‘yes’, please identify the relevant provision(s) in the legal basis. …

22. Please confirm whether the amount of the compensation may be increased by other costs incurred by the beneficiary undertaking due to the natural disaster or exceptional occurrence. ☐yes ☐no

22.1. If the answer is ‘yes’, please identify the relevant costs. …

22.2. If the answer is ‘yes’, please identify the relevant provision(s) in the legal basis. …

23. Please confirm that the amount of the compensation must be reduced by any costs not incurred because of the natural disaster or the exceptional occurrence which would otherwise have been incurred by the beneficiary undertaking. ☐yes ☐no

23.1. If the answer is ‘yes’, please identify the relevant costs. …

23.2. If the answer is ‘yes’, please identify the relevant provision(s) in the legal basis. …

24. Please note that the Commission may accept other calculation methods provided that those are representative, not based on abnormally high catches or yields and do not result in the overcompensation of any beneficiary undertaking. If the notifying Member State intends to propose an alternative calculation method, please provide the reasons as to why the method set out in the Guidelines is not appropriate in the case at hand and explain how the alternative calculation method addresses better the identified needs … Please submit as an annex to the notification the alternative methodology proposed, together with a demonstration that it is representative, not based on abnormally high catches/yields and do not result in overcompensation of any beneficiary. …

25. Please confirm whether the measure provides that, where an SME was set up less than three years from the date of the occurrence of the event, the reference to the three or five-year periods in point (154)(b) must be understood as referring to the quantity produced and sold by an average undertaking of the same size as the applicant, namely a micro enterprise or a small enterprise or a medium enterprise, respectively, in the national or regional sector affected by the natural disaster or exceptional occurrence. ☐yes ☐no

25.1. If the answer is ‘yes’, please identify the relevant provision(s) in the legal basis. …

26. Please confirm that the measure prescribes that the aid and any other payments received to compensate the damage, including payments under insurance policies, must be limited to 100 % of the eligible costs. ☐yes ☐no

26.1. Please provide the maximum aid intensity(ies) applicable under the measure. …

26.2. Please identify the provision(s) of the legal basis setting out the 100 % limit and the maximum aid intensity(ies) under the measure. …

OTHER INFORMATION

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

1.2. SUPPLEMENTARY INFORMATION SHEET ON AID TO MAKE GOOD THE DAMAGE CAUSED BY ADVERSE CLIMATIC EVENTS WHICH CAN BE ASSIMILATED TO A NATURAL DISASTE This form must be used by Member States for the notification of any State aid to make good the damage caused by adverse climatic events which can be assimilated to a natural disaster as described in Section 1.2 of Chapter 1 of Part II of the Guidelines for State aid in the fishery and aquaculture sector ²⁷⁷ ('the Guidelines').

1. Is the measure an ex ante framework scheme to compensate for the damage caused by adverse climatic events which can be assimilated to a natural disaster? ☐yes ☐no If the answer is yes, please disregard questions 10 and 11. Please note that pursuant to point 167 of the Guidelines aid granted to compensate the damage caused by other types of adverse climatic events which can be assimilated to a natural disaster not mentioned in point (161) of the Guidelines must be separately notified to the Commission.

2. In the case of ex ante framework schemes, please confirm that the Member State will comply with the reporting obligation set out in point (345) of the Guidelines. ☐yes ☐no

3. Please identify the type of adverse climatic event which can be assimilated to a natural disaster that caused – or, in the case of an ex ante framework scheme, could cause – the damage for which compensation is provided for? (a) ☐storms (b) ☐gusts of wind causing exceptionally high waves (c) ☐heavy and persistent rainfall (d) ☐floods (e) ☐exceptionally elevated water temperatures over a longer period (f) ☐frost (g) ☐hail (h) ☐ice (i) ☐severe droughts (j) ☐other adverse climatic events which can be assimilated to a natural disaster

3.1. Please describe in detail the adverse climatic event in question. …

4. Please confirm that the measure prescribes that the damage caused by the adverse climatic event which can be assimilated to a natural disaster must amount to more than 30 % of the average annual production, calculated on the basis of the preceding three calendar years, or a three-year average based on the five-year period preceding the adverse climatic event which can be assimilated to a natural disaster, excluding the highest and lowest entry ☐yes ☐no

4.1. If the answer is ‘yes’, please identify the relevant provision(s) in the legal basis. …

5. Please confirm that the measure prescribes that there must be a direct causal link between the adverse climatic event which can be assimilated to a natural disaster and the damage suffered by the undertaking. ☐yes ☐no

5.1. If the answer is ‘yes’, please identify the relevant provision(s) in the legal basis. …

6. Please demonstrate the direct causal link between the adverse climatic event which can be assimilated to a natural disaster and the damage suffered by the undertaking. …

7. In the case of losses caused by adverse climatic events which can be assimilated to a natural disaster that could be covered under mutual funds financed through Regulation (EU) 2021/1139, please justify why it is intended to grant aid rather than financial compensation being paid through such mutual funds. …

8. Please confirm that the aid must be paid directly to: (a) ☐the undertaking concerned (b) ☐a producer group or organisation of which that undertaking is a member.

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