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
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.
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 confirm that the eligible costs are the costs of the damage incurred as a direct consequence of the adverse climatic event which can be assimilated to a natural disaster. ☐yes ☐no
13.1.
If the answer is ‘yes’, please identify the relevant provision(s) in the legal basis. …
14.
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
14.1.
Please identify the body(ies) assessing the damage. …
14.2.
Please confirm whether the damage includes: (a) ☐material damage to assets (such as buildings, vessels, 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).
14.3.
Please identify the provision(s) of the legal basis that reflect the box selected in response to the question. …
15.
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 the undertakings. …
16.
Please confirm that the measure prescribes that the damage is calculated at the level of the individual beneficiary. ☐yes ☐no
16.1.
If the answer is ‘yes’, please identify the relevant provision(s) in the legal basis. …
17.
In case the eligible costs include material damage to assets, please confirm that the measure prescribes that the damage must have resulted in a loss of 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
17.1.
If the answer is ‘yes’, please identify the relevant provision(s) in the legal basis. …
18.
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 adverse climatic event which can be assimilated to a natural disaster. ☐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 must not exceed the repair cost or the decrease in fair market value caused by the adverse climatic event which can be assimilated to a natural disaster, that is to say the difference between the asset’s value immediately before and immediately after the adverse climatic event which can be assimilated to a natural disaster. ☐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 loss of income, please confirm that it is calculated pursuant to point (173) 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 adverse climatic event which can be assimilated to a natural disaster, 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 adverse climatic event which can be assimilated to a natural disaster, 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, by the average selling price obtained. ☐yes ☐no
20.1.
If the answer is ‘yes’, please identify the relevant provision(s) in the legal basis. …
21.
Please confirm whether the amount of the compensation may be increased by other costs incurred by the beneficiary undertaking due to the adverse climatic event which can be assimilated to a natural disaster. ☐yes ☐no
21.1.
If the answer is ‘yes’, please identify the relevant costs. …
21.2.
If the answer is ‘yes’, please identify the relevant provision(s) in the legal basis. …
22.
Please confirm that the amount of the compensation must be reduced by any costs not incurred because of the adverse climatic event which can be assimilated to a natural disaster, that would otherwise have been incurred by the beneficiary undertaking. ☐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 note that pursuant to point 175 of the Guidelines 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. …
24.
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 adverse climatic event which can be assimilated to a natural disaster, the reference to the three or five-year periods in points (163)(a), (171) and (173)(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 adverse climatic event which can be assimilated to a natural disaster. ☐yes ☐no
24.1.
If the answer is ‘yes’, please identify the relevant provision(s) in the legal basis. …
25.
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
25.1.
Please provide the maximum aid intensity(ies) applicable under the measure. …
25.2.
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
26.
Please indicate any other information considered relevant to the assessment of the measure under this Section of the Guidelines. …
1.3.
SUPPLEMENTARY INFORMATION SHEET ON 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 INFESTATIONSThis form must be used by Member States for the notification of any 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 as described in Section 1.3 of Chapter 1 of Part II of the Guidelines for State aid in the fishery and aquaculture sector278('the Guidelines').
1.
Is the measure an ex ante framework scheme to support costs relating to the prevention, control and eradication of animal diseases in aquaculture and infestations by invasive alien species? ☐yes ☐no If the answer is yes, please disregard questions 10 and 12.
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 confirm that the aid is granted in respect of animal diseases and/or infestations by invasive alien species for which Union or national rules exist, whether laid down by law, regulation or administrative action? ☐yes ☐no
3.1.
If the answer is ‘yes’, please identify the relevant Union or national rules. …
3.2.
If the answer is ‘yes’, please identify the disease(s) and/or infestation(s) that the measure is targeting and provide a detailed description of the causes and spread of the disease or infestation. …
4.
Please confirm that the aid is granted as part of: ☐ public programme at Union, national, or regional level for the prevention, control or eradication of animal diseases ☐ emergency measures imposed by the competent national authority ☐ measures to eradicate or contain an invasive alien species implemented in accordance with Regulation (EU) No 1143/2014
4.1.
Please identify the relevant programme(s) or measure(s) according to the box selected in response to the question. …
5.
Please confirm that the relevant programme(s) or measure(s) contain a description of the prevention, control and eradication measures concerned. ☐yes ☐no
5.1.
Please identify the relevant provisions in the programme(s) and measure(s). …
6.
Please confirm that the aid does not relate to measures in respect of which Union legislation provides that the cost of such measures is to be borne by the beneficiary undertaking, unless the cost of such aid measures is entirely offset by compulsory charges on the beneficiary undertakings. ☐yes ☐no
7.
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.
8.
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
8.1.
If the answer is ‘yes’, please identify the relevant provision(s) in the legal basis. …
9.
Please confirm that the measure prescribes that no individual aid will be granted where it is established that the animal disease or infestation by invasive alien species was caused deliberately or by the negligence of the beneficiary undertaking. ☐yes ☐no
9.1.
If the answer is ‘yes’, please identify the relevant provision(s) in the legal basis. …
10.
Please identify the appropriate category(ies) in respect of which the aid may be granted: (a) ☐aquatic animal diseases listed in Article 5(1) of Regulation (EU) 2016/429 of the European Parliament and of the Council 279, or included in the list of animal diseases of the Aquatic Animal Health Code of the World Organization for Animal Health 280 (b) ☐zoonoses of aquatic animals listed in Annex III, Point 2, to Regulation (EU) 2021/690 of the European Parliament and of the Council 281 (c) ☐emerging diseases, which meet the conditions set out in Article 6(2) of Regulation (EU) 2016/429 (d) ☐diseases other than a listed disease as referred to in Article 9(1), point (d), of Regulation (EU) 2016/429, and which meet the criteria laid down in Article 226 of that Regulation.
10.1.
Please identify the relevant category of disease/zoonosis. …
11.
Please explain when the animal disease or infestation took place, including its starting and ending dates (as applicable). … If the measure has preventive purposes, the question is not applicable.
12.
Please confirm that the aid scheme is established within three years from the date of the occurrence of the costs or damage caused by the animal disease or infestation by invasive alien species. ☐yes ☐no Please note that this condition does not apply to costs incurred for preventive purposes as indicated in point (188) of the Guidelines.
12.1.
If the answer is ‘yes’, please identify the relevant provision(s) in the legal basis. …
13.
Please confirm that the measure prescribes that aid must be paid out within four years from the date of the occurrence of the costs or damage caused by the animal disease or infestation by invasive alien species. ☐yes ☐no
13.1.
If the answer is ‘yes’, please identify the relevant provision(s) in the legal basis. … Please note that this condition does not apply to costs incurred for preventive purposes as indicated in point (188) of the Guidelines.
14.
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. …
15.
Please identify the eligible costs covered by the measure: (a) ☐health checks, analyses, tests, and other screening measures (b) ☐the improvement of biosecurity measures (c) ☐the purchase, storage, administration or distribution of vaccines, medicines, and substances for the treatment of animals (d) ☐the purchase, storage, deployment and distribution of protection products or equipment to address infestations by invasive alien species (e) ☐the slaughtering, culling, and destruction of animals (f) ☐the destruction of animal products and of products linked to them (g) ☐the cleaning and disinfection of the holding or equipment (h) ☐the damage incurred due to the slaughtering, culling or destruction of animals, animal products, and products linked to them (i) ☐other costs incurred due to animal diseases in aquaculture or infestations by invasive alien species. Please specify it: …
15.1.
Please identify the provision(s) of the legal basis that reflect the eligible costs: …
16.
Please confirm that aid in relation to health checks, analyses, tests and other screening measures is granted in kind and paid to service providers: ☐yes ☐no
16.1.
If the answer is ‘no’, please confirm that the measure prescribes that beneficiary undertakings already have in-house capabilities suitable for those purposes. ☐yes ☐no
16.2.
If the answer to question 16.1 is ‘yes’, please identify the relevant provision(s) in the legal basis. …
17.
In case the eligible costs include aid to make good the damage caused by animal diseases or by infestations by invasive alien species referred to in point (188)(h) of the Guidelines, please confirm that the measure prescribes that compensation must be calculated only in relation to the following: (a) ☐the market value of animals slaughtered or culled, or that have died, or the products destroyed: ☐ as a result of the animal disease or infestation by invasive alien species ☐ as part of a public programme or measure referred to in point (180)(b) of the Guidelines; (b) ☐loss of income due to quarantine obligations and difficulties in restocking.
17.1.
Please identify the relevant provision(s) in the legal basis: …
18.
If you selected point (a) in response to question 17, please confirm that the measure prescribes that the market value must be established on the basis of the value of the animals immediately before any suspicion of the animal disease or the infestation by invasive alien species arose or was confirmed, and as if they had not been affected by the disease or infestation. ☐yes ☐no
18.1.
If the answer is ‘yes’, please identify the relevant provision(s) in the legal basis. …
19.
Please confirm that the amount of the compensation must be reduced by any costs not directly incurred due to the animal disease or infestation by invasive alien species which would otherwise have been incurred by the beneficiary undertaking. ☐yes ☐no
19.1.
If the answer is ‘yes’, please identify the relevant costs. …
19.2.
If the answer is ‘yes’, please identify the relevant provision(s) in the legal basis. …
20.
Please confirm that the amount of the compensation must be reduced by any revenue made by the sale of products linked to the animals slaughtered, culled or destroyed for preventive or eradication purposes. ☐yes ☐no
20.1.
If the answer is ‘yes’, please identify the relevant provision(s) in the legal basis. …
21.
If the notifying Member State selected letter (i) in question 15, please provide a detailed justification why those other costs should be eligible. …
22.
Please confirm that the measure prescribes that aid and any other payments received by the beneficiary undertaking, including payments under other national or Union measures or insurance policies or mutual funds for the same eligible costs, must be limited to 100 % of the eligible costs. ☐yes ☐no
22.1.
Please provide the maximum aid intensity(ies) applicable under the measure. …
22.2.
Please identify the provision(s) of the legal basis laying down the 100 % limit and the maximum aid intensity(ies) under the measure. …
OTHER INFORMATION
23.
Please indicate any other information considered relevant to the assessment of the measure under this Section of the Guidelines. …
1.4.
SUPPLEMENTARY INFORMATION SHEET ON AID TO MAKE GOOD THE DAMAGE CAUSED BY PROTECTED ANIMALSThis form must be used by Member States for the notification of any aid to make good the damage caused by protected animals as described in Section 1.4 of Chapter 1 of Part II of the Guidelines for State aid in the fishery and aquaculture sector282('the Guidelines').
1.
Please confirm that ‘protected animal’ is defined in accordance with point 31(w) of the Guidelines. ☐yes ☐no
1.1.
If the answer is ‘yes’, please identify the protected animal and the relevant provision(s) in the Union or national legislation. …
2.
Please confirm that the measure prescribes that there is a direct causal link between the damage suffered by undertakings and the behaviour of the protected animals. ☐yes ☐no
2.1.
If the answer is ‘yes’, please identify the relevant provision(s) in the legal basis. …
3.
Please confirm that the eligible costs are the costs of the damage incurred as a direct consequence of the behaviour of the protected animals. ☐yes ☐no
3.1.
If the answer is ‘yes’, please identify the relevant provision(s) in the legal basis. …
3.2.
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 Please identify the body(ies) assessing the damage. …
4.
If the measure concerns the fisheries sector, please confirm that the aid only concerns damage to catches, irrespective of any impact of protected animals on the overall wild population. ☐yes ☐no
4.1.
If the answer is ‘yes’, please identify the relevant provision(s) in the legal basis. …
5.
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
6.
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
6.1.
If the answer is ‘yes’, please identify the relevant provision(s) in the legal basis. …
7.
Please explain when the damage occurred, including its starting and ending dates (as applicable). …
8.
Please confirm that the scheme is established within three years from the date of the occurrence of the damage. ☐yes ☐no
8.1.
If the answer is ‘yes’, please identify the relevant provision(s) in the legal basis. …
9.
Please confirm that the measure prescribes that aid will be paid out within four years of the date of the occurrence of the damage. ☐yes ☐no
9.1.
If the answer is ‘yes’, please identify the relevant provision(s) in the legal basis. …
10.
Please confirm the eligible costs: (a) ☐the market value of the animals damaged or killed by the protected animals (b) ☐the material damage to the following assets: equipment, machinery and property (c) ☐both, i.e., eligible costs include (a) and (b).
10.1.
Please identify the provision(s) of the legal basis that reflect(s) the eligible costs. …
11.
Please submit an assessment as precise as possible of the type and extent of damage incurred by undertakings. …
12.
In case the eligible costs include the market value of animals damaged or killed, please confirm that the measure prescribes that the market value must be established on the basis of the value of the animals immediately before the damage occurred, and as if they had not been affected by the behaviour of the protected animals. ☐yes ☐no
12.1.
If the answer is ‘yes’, please identify the relevant provision(s) in the legal basis. …
13.
In case the eligible costs include the material damage to assets, please confirm that the measure prescribes that the calculation of the material damage must be based on the repair cost or economic value of the affected asset before the damage occurred. ☐yes ☐no
13.1.
If the answer is ‘yes’, please identify the relevant provision(s) in the legal basis. …
14.
In case the eligible costs include the material damage to assets, please confirm that the measure prescribes that the calculation of the material damage must not exceed the repair cost or the decrease in fair market value caused by the behaviour of the protected animals, that is to say the difference between the asset’s value immediately before and immediately after the damage occurred. ☐yes ☐no
14.1.
If the answer is ‘yes’, please identify the relevant provision(s) in the legal basis. …
15.
Please confirm whether the amount of the compensation may be increased by other costs incurred by the beneficiary undertaking due to the behaviour of the protected animals. ☐yes ☐no
15.1.
If the answer is ‘yes’, please identify the relevant costs. …
15.2.
If the answer is ‘yes’, please identify the relevant provision(s) in the legal basis. …
16.
Please confirm that the amount of the compensation must be reduced by any costs not directly incurred due to the behaviour of the protected animals which would otherwise have been incurred by the beneficiary undertaking. ☐yes ☐no
16.1.
If the answer is ‘yes’, please identify the relevant costs. …
16.2.
If the answer is ‘yes’, please identify the relevant provision(s) in the legal basis. …
17.
Please confirm that the measure prescribes that the amount of the compensation must be reduced by any revenue made by the sale of products linked to the animals damaged or killed. ☐yes ☐no
17.1.
If the answer is ‘yes’, please identify the relevant provision(s) in the legal basis. …
18.
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.
18.1.
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: …
18.2.
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. …
19.
Please confirm that the aid measure prescribes that, save for first attacks by protected animals, a reasonable effort from the beneficiary undertaking is required in the form of preventive measures, such as safety fences, which are proportionate to the risk of damage caused by protected animals in the area concerned. ☐yes ☐no
19.1.
If the answer is ‘yes’, please list the preventive measures required/recommended in the area concerned. …
19.2.
If the answer is ‘yes’, please identify the relevant provision(s) in the legal basis. …
19.3.
If the answer is ‘no’, please demonstrate why preventive measures are not reasonably possible and provide appropriate evidence. …
20.
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
20.1.
Please provide the maximum aid intensity(ies) applicable under the measure. …
20.2.
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
21.
Please indicate any other information considered relevant to the assessment of the measure under this Section of the Guidelines. …
1.5.
SUPPLEMENTARY INFORMATION SHEET ON AID FOR INVESTMENTS TO PREVENT AND MITIGATE THE DAMAGE CAUSED BY RISK EVENTSThis form must be used by Member States for the notification of any aid for investments to prevent and mitigate the damage caused by risk events, as described in Section 1.5 of Chapter 1 of Part II of the Guidelines for State aid in the fishery and aquaculture sector283('the Guidelines').
1.
Please confirm that the measure prescribes that the investment must primarily pursue the aim of preventing and mitigating damage caused by risk events and, more specifically for the fisheries sector, that the investment must aim at preventing and mitigating depredation or damage to fishing gear or other equipment. ☐yes ☐no
1.1.
If the answer is ‘yes’, please identify the relevant provision(s) in the legal basis. …
2.
If the investment requires an environmental impact assessment under Directive 2011/92/EU of the European Parliament and of the Council 284, please confirm that the measure renders the aid conditional upon such an assessment being carried out and the development consent being granted for the investment project concerned before the date of granting the individual aid. ☐yes ☐no
2.1.
If the answer is ‘yes’, please identify the relevant provision(s) in the legal basis. …
3.
Please confirm that the measure only includes eligible costs that are direct and specific for preventive measures. ☐yes ☐no
3.1.
If the answer is ‘yes’, please identify the relevant provision(s) in the legal basis. …
4.
Please confirm whether the eligible costs include: (a) ☐the construction, acquisition, including leasing, or improvement of immovable property (b) ☐the purchase or lease purchase of machinery and equipment up to the market value of the asset (c) ☐both, i.e., eligible costs include (a) and (b)
4.1.
Please identify the provision(s) of the legal basis that reflect the eligible costs. …
4.2.
Please provide a detailed description of the costs that are eligible under the measure. …
5.
Please confirm that the measure prescribes that the maximum aid intensity does not exceed 100 % of the eligible costs. ☐yes ☐no
5.1.
Please provide the maximum aid intensity(ies) applicable under the measure. …
5.2.
Please identify the provision(s) of the legal basis setting out the maximum aid intensity(ies) under the measure. …
OTHER INFORMATION
6.
Please indicate any other information considered relevant to the assessment of the measure under this Section of the Guidelines. …
2.1.
SUPPLEMENTARY INFORMATION SHEET ON OPERATING AID IN OUTERMOST REGIONSThis form must be used by Member States for the notification of operating aid in outermost regions as described in Section 2.1 of Chapter 2 of Part II of the Guidelines for State aid in the fishery and aquaculture sector285('the Guidelines'). Please note that, pursuant to point 216 of the Guidelines, aid must not go beyond what is necessary to alleviate the specific constraints in the outermost regions resulting from the isolation, insularity, and extreme remoteness.
1.
Please identify the outermost region(s) referred to in Article 349 of the Treatyconcerned by the measure. …
2.
Please provide a detailed description of the specific constraints faced by the outermost region(s) concerned (isolation, insularity, extreme remoteness) and explain how the measure tackles those constraints. …
3.
Please provide a detailed description of the type of operating aid provided and list the costs eligible under the measure. …
4.
Please confirm that the measure prescribes that eligible costs must result from the specific constraints suffered by the outermost regions concerned. ☐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 aid must not go beyond what is necessary to alleviate the specific constraints suffered by the outermost regions concerned. ☐yes ☐no
5.1.
If the answer is ‘yes’, please identify the relevant provision(s) in the legal basis. …
6.
Please confirm that the measure prescribes that the eligible costs must be calculated in accordance with the criteria laid down in Commission Delegated Regulation (EU) 2021/1972 286. ☐yes ☐no
6.1.
If the answer is ‘yes’, please identify the relevant provision(s) in the legal basis. …
7.
Please describe in detail the calculation method used under the measure. …
8.
Please confirm that the measure takes into account other types of public intervention, including, if applicable, the compensation of additional costs incurred by operators in the fishing, farming, processing and marketing of certain fishery and aquaculture products from the outermost regions paid pursuant to Articles 24 and 35 to 37 of Regulation (EU) 2021/1139, to avoid overcompensation. ☐yes ☐no
8.1.
If the answer is ‘yes’, please describe the control mechanisms designed to avoid overcompensation. …
8.2.
If the answer is ‘yes’, please identify the relevant provision(s) in the legal basis. …
9.
Please confirm that the measure prescribes that the aid, and any other payments received by the beneficiary undertaking for the same eligible costs, must be limited to 100 % of the eligible costs. ☐yes ☐no
9.1.
Please provide the maximum aid intensity(ies) applicable under the measure. …
9.2.
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
10.
Please indicate any other information considered relevant to the assessment of the measure under this Section of the Guidelines. …
2.2.
SUPPLEMENTARY INFORMATION SHEET ON AID FOR THE RENEWAL OF THE FISHING FLEET IN OUTERMOST REGIONSThis form must be used by Member States for the notification of aid for the renewal of the fishing fleet in outermost regions, as described in Section 2.2 of Chapter 2 of Part II of the Guidelines for State aid in the fishery and aquaculture sector287('the Guidelines').
1.
Please identify the outermost region(s) referred to in Article 349 of the Treatyconcerned by the measure. …
2.
Please confirm that the measure prescribes that new fishing vessels acquired with the aid must comply with Union and national rules on hygiene, health, safety, and working conditions for work on board of fishing vessels and characteristics of fishing vessels. ☐yes ☐no
2.1.
If the answer is ‘yes’, please identify the relevant provision(s) in the legal basis. …
3.
Please confirm that the measure prescribes that, at the date of applying for the aid, the beneficiary undertaking must have its main place of registration in the outermost region where the new vessel will be registered. ☐yes ☐no
3.1.
If the answer is ‘yes’, please specify the main place of registration: …
4.
Pursuant to point (223) of the Guidelines, at the date of granting the aid, the report prepared in accordance with Article 22(2) and (3) of Regulation (EU) No 1380/2013 of the European Parliament and of the Council 288 before that date must demonstrate that there is a balance between the fishing capacity and fishing opportunities in the fleet segment of the outermost region to which the new vessel will belong (the ‘national report’). Against this background, please reply to the following questions:
4.1.
When was the latest national report prepared before the date of granting the aid? …
4.1.1.
Please provide the link to the latest national report or enclose it to the notification. …
4.2.
Pursuant to point (225) of the Guidelines, please confirm that the following conditions are fulfilled for all aid to be granted:
4.2.1.
Was the national report submitted by 31 May of year N 289? ☐yes ☐no
4.2.2.
Please confirm that the national report submitted in year N, and in particular the assessment of the balance contained therein, has been prepared on the basis of the biological, economic and vessel use indicators set out in the common guidelines 290 ☐yes ☐no Please note that pursuant to point (224) of the Guidelines, no aid may be granted if the national report, and in particular the assessment of the balance contained therein, has not been prepared on the basis of the biological, economic and vessel use indicators set out in the common guidelines referred to in Article 22(2) of Regulation (EU) No 1380/2013.
4.2.3.
Does that national report submitted in year N demonstrate that there is a balance between fishing capacity and fishing opportunities in the fleet segment to which the new vessel will belong? ☐yes ☐no
4.2.4.
Please explain how the national report was taken into account when designing the measure and how the balance is achieved. …
4.2.5.
Pursuant to point (226) of the Guidelines, please confirm that the Commission has not called into question by 31 March of year N+1: (a) ☐the conclusion of the national report submitted in year N (b) ☐the assessment of the balance contained in the national report submitted in year N
4.2.6.
Please confirm that the measure prescribes that the aid may be granted on the basis of the national report submitted in year N only until 31 December of year N+1, i.e., the year following the year of the submission of the report. ☐yes ☐no
4.2.6.1.
If the answer is ‘yes’, please identify the relevant provision(s) in the legal basis. …
5.
Please confirm that the fishing capacity ceilings of each Member State and of each fleet segment of the outermost regions set out in Annex II to Regulation (EU) No 1380/2013, taking into account any possible reduction of those ceilings under Article 22(6) of that Regulation, will not be exceeded at any time. ☐yes ☐no
5.1.
Please explain how this condition will be ensured. … Please note that the entry into the fleet of new capacity acquired with aid must be carried out in full respect of these capacity ceilings and must not lead to a situation in which these ceiling are exceeded.
6.
Please confirm that the measure prescribes that the aid must not be made conditional on the acquisition of the new vessel from a specific shipyard. ☐yes ☐no
6.1.
If the answer is ‘yes’, please identify the relevant provision(s) in the legal basis. …
7.
Please provide a detailed description of the costs that are eligible under the measure. …
8.
Please confirm that the measure prescribes that the maximum aid intensity for the vessels must not be: (a) more than 60 % of the total eligible costs in the case of vessels with an overall length of less than 12 metres ☐yes ☐no (b) more than 50 % of the total eligible costs in the case of vessels with an overall length of 12 metres or more and less than 24 metres ☐yes ☐no (c) more than 25 % of the total eligible costs in the case of vessels with an overall length of 24 metres and more ☐yes ☐no
8.1.
Please provide the maximum aid intensity(ies) applicable under the measure. …
8.2.
Please identify the provision(s) of the legal basis setting out the maximum aid intensity(ies) under the measure. …
9.
Please confirm that the vessel acquired with aid must remain registered in the outermost region for at least 15 years from the date of granting the aid and must during that time land all of its catches in an outermost region: ☐yes ☐no
9.1.
Please confirm that in case this condition is not complied with, the aid must be reimbursed by the beneficiary undertaking in an amount that is proportionate to the period or extent of non-compliance. ☐yes ☐no
9.2.
If the answer is ‘yes’, please identify the relevant provision(s) in the legal basis. …
OTHER INFORMATION
10.
Please indicate any other information considered relevant to the assessment of the measure under this Section of the Guidelines. …
2.3.
SUPPLEMENTARY INFORMATION SHEET ON 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 REGIONSThis form must be used by Member States for the notification of any 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, as described in Section 2.3 of Chapter 2 of Part II of the Guidelines for State aid in the fishery and aquaculture sector291('the Guidelines').
1.
Please identify the outermost region(s) referred to in Article 349 of the Treatyconcerned by the measure. …
2.
Please explain how the measure contributes to strengthening economically, socially and environmentally sustainable fishing activities, improving safety and working conditions on board and, where applicable, enabling fishing vessels to extend their fishing zones up to 20 miles from the coast, for small-scale coastal fishing. …
3.
Please confirm whether, by way of derogation from point (47) of the Guidelines, aid can be granted to meet mandatory Union or national requirements: ☐yes ☐no
3.1.
Please describe the mandatory Union or national requirements concerned and provide a justification as to why such a derogation is necessary. …
4.
Please confirm that the measure does not entails: ☐ the replacement or modernisation of a main or ancillary engine of a fishing vessel ☐ an increase in the gross tonnage of a fishing vessel. Please note that pursuant to points 235 and 236 of the Guidelines, aid for investments entailing the replacement or modernisation of a main or ancillary engine of a fishing vessel may only be eligible pursuant to Article 18 of Regulation (EU) 2021/1139 or under Part II, Chapter 3, Section 3.2, of the Guidelines; and aid for investments leading to an increase in the gross tonnage of a fishing vessel may only be eligible pursuant to Article 19 of Regulation (EU) 2021/1139 or under Part II, Chapter 3, Section 3.3, of the Guidelines.
5.
Please provide a detailed description of the costs that are eligible under the measure. …
6.
Please confirm that the measure prescribes that the maximum aid intensity does not exceed 100 % of the eligible costs. …
6.1.
Please provide the maximum aid intensity(ies) applicable under the measure. …
6.2.
lease identify the provision(s) of the legal basis setting out the maximum aid intensity(ies) under the measure. …
OTHER INFORMATION
7.
Please indicate any other information considered relevant to the assessment of the measure under this Section of the Guidelines. …
3.1.
SUPPLEMENTARY INFORMATION SHEET ON AID FOR FIRST ACQUISITION OF A FISHING VESSELThis form must be used by Member States for the notification of any aid for the first acquisition of a fishing vessel as described in Section 3.1 of Chapter 3 of Part II of the Guidelines for State aid in the fishery and aquaculture sector292('the Guidelines').
1.
Please confirm that the measure prescribes that the Union fishing vessels in respect of which aid is granted will not be transferred or reflagged outside the Union during at least five years from the final payment of the aid. ☐yes ☐no
1.1.
If the answer is ‘yes’, please identify the relevant provision(s) in the legal basis. …
2.
Please confirm to whom aid may be granted under the measure: (a) ☐a natural person who is no more than 40 years of age at the date of submission of the aid application and has worked at least five years as fisher or has acquired adequate qualification (b) ☐legal entities wholly owned by one or more natural persons who each fulfil the conditions set out in point (a) (c) ☐in case of joint first acquisition of a fishing vessel, several natural persons who each fulfil the conditions set out in point (a) (d) ☐in case of acquisition of partial ownership of a fishing vessel, a natural person who fulfils the conditions set out in point (a) and who is deemed to have controlling rights on that vessel through ownership of at least of 33 % of the vessel or of the shares in the vessel or a legal entity which fulfils the conditions set out in point (b) and which is deemed to have controlling rights on that vessel through ownership of at least of 33 % of the vessel or of the shares in the vessel
2.1.
Please identify the provision(s) of the legal basis that reflect the box selected in response to the question. …
3.
Pursuant to points (245)(a) of the Guidelines, fishing vessels must belong to a fleet segment for which the latest report on fishing capacity, referred to in Article 22(2) of Regulation (EU) No 1380/2013 of the European Parliament and of the Council 293, has shown a balance with the fishing opportunities available to that segment (hereafter ‘national report’). Pursuant to point (226) of the Guidelines, the procedure and conditions set out in points (225) to (227) of Part II, Chapter 2, Section 2.2 of the Guidelines apply for the purpose of point (245)(a). Against that background, please reply to the following questions: If the measure concerns inland fishing, questions 3.1-3.2.6.1 do not need to be replied.
3.1.
When was the latest national report prepared before the date of granting the aid? …
3.1.1.
Please provide the link to the latest national report or enclose it to the notification. …
3.2.
Please confirm that the following conditions are fulfilled for all aid to be granted:
3.2.1.
Was the national report submitted by 31 May of year N 294? ☐yes ☐no
3.2.2.
Please confirm that the national report submitted in year N, and in particular the assessment of the balance contained therein, has been prepared on the basis of the biological, economic and vessel use indicators set out in the common guidelines 295 referred to in Article 22(2) of Regulation (EU) No 1380/2013. ☐yes ☐no Please note that no aid may be granted if the national report, and in particular the assessment of the balance contained therein, has not been prepared on the basis of the biological, economic and vessel use indicators set out in the common guidelines referred to in Article 22(2) of Regulation (EU) No 1380/2013.
3.2.3.
Does that national report submitted in year N demonstrate that there is a balance between fishing capacity and fishing opportunities in the fleet segment to which the new vessel will belong? ☐yes ☐no
3.2.4.
Please explain how the national report was taken into account when designing the measure and how the balance is achieved. …
3.2.5.
Please confirm that the Commission has not called into question by 31 March of year N+1 (a) ☐the conclusion of the national report submitted in year N (b) ☐the assessment of the balance contained in the national report submitted in year N
3.2.6.
Please confirm that the measure prescribes that the aid may be granted on the basis of the national report submitted in year N only until 31 December of year N+1, i.e., the year following the year of the submission of the report. ☐yes ☐no
3.2.6.1.
If the answer is ‘yes’, please identify the relevant provision(s) in the legal basis. …
4.
Please confirm that the measure prescribes that fishing vessels must be equipped for fishing activities and not be longer than 24 metres in overall length. ☐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 aid may only be granted in respect of a fishing vessel that has been registered in the Union fleet register for at least three calendar years preceding the year of submission of the aid application in the case of a small-scale coastal fishing vessel, and for at least five calendar years in the case of another type of vessel. ☐yes ☐no
5.1.
If the measure concerns inland fishing, please confirm that the measure prescribes that aid may only be granted in respect of a fishing vessel that has entered into service, in accordance with national law, for at least three calendar years preceding the year of submission of the aid application in the case of a small-scale coastal fishing vessel, and for at least five calendar years in the case of another type of vessel. ☐yes ☐no
5.2.
If the answer to the question 5 or question 5.1 is ‘yes’, please identify the relevant provision(s) in the legal basis. …
6.
Please confirm that the measure prescribes that aid may only be granted in respect of a fishing vessel that has been registered in the Union fleet register for a maximum of 30 calendar years preceding the year of submission of the aid application. ☐yes ☐no
6.1.
If the measure concerns inland fishing, please confirm that the measure prescribes that aid may only be granted in respect of a fishing vessel that has entered into service, in accordance with national law, for a maximum of 30 calendar years preceding the year of submission of the aid application. ☐yes ☐no
6.2.
If the answer to the questions 6 or 6.1 is ‘yes’, please identify the relevant provision(s) in the legal basis. …
7.
Please confirm that the eligible costs only include the direct and indirect costs related to the first acquisition of a fishing vessel. ☐yes ☐no
7.1.
If the answer is ‘yes’, please identify the relevant provision(s) in the legal basis. …
7.2.
Please provide a detailed description of the costs that are eligible under the measure. …
8.
Please confirm that the measure prescribes that the maximum aid intensity does not exceed 40 % of the eligible costs. ☐yes ☐no
8.1.
Please provide the maximum aid intensity(ies) applicable under the measure. …
8.2.
Please identify the provision(s) of the legal basis setting out the maximum aid intensity(ies) under the measure. …
OTHER INFORMATION
9.
Please indicate any other information considered relevant to the assessment of the measure under this Section of the Guidelines. …
3.2.
SUPPLEMENTARY INFORMATION SHEET ON AID FOR REPLACEMENT OR MODERNISATION OF A MAIN OR ANCILLARY ENGINEThis form must be used by Member States for the notification of any aid for the replacement or modernisation of a main or ancillary engine of fishing vessels, as described in Section 3.2 of Chapter 3 of Part II of the Guidelines for State aid in the fishery and aquaculture sector296('the Guidelines').
1.
Please confirm that the measure prescribes that the Union fishing vessels in respect of which aid is granted will not be transferred or reflagged outside the Union during at least five years from the final payment of the aid. ☐yes ☐no
1.1.
If the answer is ‘yes’, please identify the relevant provision(s) in the legal basis. …
2.
Please confirm that aid will only be granted for the replacement or modernisation of a main or ancillary engine of a fishing vessel up to 24 meters in overall length. ☐yes ☐no
2.1.
If the answer is ‘yes’, please identify the relevant provision(s) in the legal basis. …
3.
Pursuant to point (253)(a) of the Guidelines, fishing vessels must belong to a fleet segment for which the latest report on fishing capacity, referred to in Article 22(2) of Regulation (EU) No 1380/2013 of the European Parliament and of the Council 297, has shown a balance with the fishing opportunities available to that segment (hereafter ‘national report’). Pursuant to point (254) of the Guidelines, the procedure and conditions set out in points (225) to (227) of Part II, Chapter 2, Section 2.2 apply for the purpose of point (253)(a). Against that background, please address the following: If the measure concerns inland fishing, questions 3.1-3.2.6.1 do not need to be replied.
3.1.
When was the latest national report prepared before the date of granting the aid? …
3.1.1.
Please provide the link to the latest national report or enclose it to the notification. …
3.2.
Please confirm that the following conditions are fulfilled for all aid to be granted:
3.2.1.
Was the national report submitted by 31 May of year N 298? ☐yes ☐no
3.2.2.
Please confirm that the national report submitted in year N, and in particular the assessment of the balance contained therein, has been prepared on the basis of the biological, economic and vessel use indicators set out in the common guidelines 299 referred to in Article 22(2) of Regulation (EU) No 1380/2013. ☐yes ☐no Please note that no aid may be granted if the national report, and in particular the assessment of the balance contained therein, has not been prepared on the basis of the biological, economic and vessel use indicators set out in the common guidelines referred to in Article 22(2) of Regulation (EU) No 1380/2013.
3.2.3.
Does that national report submitted in year N demonstrate that there is a balance between fishing capacity and fishing opportunities in the fleet segment to which the vessel belongs? ☐yes ☐no
3.2.4.
Please explain how the national report was taken into account when designing the measure and how the balance is achieved. …
3.2.5.
Please confirm that the Commission has not called into question by 31 March of year N+1: (a) ☐the conclusion of the national report submitted in year N (b) ☐the assessment of the balance contained in the national report submitted in year N
3.2.6.
Please confirm that the measure prescribes that the aid may be granted on the basis of the national report submitted in year N only until 31 December of year N+1, i.e., the year following the year of the submission of the report. ☐yes ☐no
3.2.6.1.
If the answer is ‘yes’, please identify the relevant provision(s) in the legal basis. …
4.
Please confirm that the measure prescribes that fishing vessels must have been registered in the Union fleet register for at least five calendar years preceding the year of submission of the aid application. ☐yes ☐no
4.1.
If the measure concerns inland fishing, please confirm that the measure prescribes that aid may only be granted in respect of a fishing vessel that has entered into service, in accordance with national law, for at least five calendar years preceding the year of submission of the aid application. ☐yes ☐no
4.2.
If the answer to question 4 or 4.1 is ‘yes’, please identify the relevant provision(s) in the legal basis. …
5.
For small-scale coastal fishing vessels and vessels used for inland fishing, please confirm that the measure prescribes that the new or modernised engine does not have more power in kW than that of the current engine. ☐yes ☐no
5.1.
If the answer is ‘yes’, please identify the relevant provision(s) in the legal basis. …
6.
For other vessels up to 24 metres in overall length, please confirm that the measure prescribes that the new or modernised engine does not have more power in kW than that of the current engine and emits at least 20 % less CO2 compared to the current engine. ☐yes ☐no
6.1.
If the answer is ‘yes’, please identify the relevant provision(s) in the legal basis. …
7.
Please confirm that the measure prescribes that the fishing capacity withdrawn due to the replacement or modernisation of a main or ancillary engine must not be replaced. ☐yes ☐no
7.1.
If the answer is ‘yes’, please identify the relevant provision(s) in the legal basis. …
8.
Please describe in detail the control and enforcement mechanisms in place to guarantee the fulfilment of the conditions laid down in Section 3.2 of Chapter 3, Part II of the Guidelines. …
9.
Please confirm that the measure prescribes that all replaced or modernised engines must be subject to a physical verification. ☐yes ☐no
9.1.
If the answer is ‘yes’, please identify the relevant provision(s) in the legal basis. …
10.
Please confirm how the reduction of CO2 emission mentioned in question 6 will be met under the measure: (a) ☐through relevant information certified by the manufacturer of the engine concerned as part of a type approval or product certificate indicates that the new engine emits 20 % less CO2 than the engine being replaced (b) ☐through relevant information certified by the manufacturer of the engine concerned as part of a type approval or product certificate indicates that the new engine uses 20 % less fuel than the engine being replaced
10.1.
Please describe your selection in details. …
10.2.
Please identify the provision(s) of the legal basis that reflect the box ticked in response to the previous question. …
11.
Where the relevant information certified by the manufacturer of the engine concerned as part of a type approval or product certificate for one or both of the engines does not permit a comparison of the CO2 emission or fuel consumption, please confirm how the reduction of CO2 emission mentioned in question 6 will be considered to be met under the measure: (a) ☐the new engine uses an energy-efficient technology and the age difference between the new engine and the engine being replaced is at least seven years (b) ☐the new engine uses a type of fuel or a propulsion system which is considered to emit less CO2 than the engine being replaced (c) ☐the Member State concerned measures that the new engine emits 20 % less CO2 or uses 20 % less fuel than the engine being replaced under the normal fishing effort of the vessel concerned.
11.1.
Please identify the provision(s) of the legal basis that reflect your selection. …
11.2.
Pursuant to point (260) of the Guidelines, please confirm that you apply Commission Implementing Regulation (EU) 2022/46 300 to identify the energy-efficient technologies referred to in point (259)(a) of the Guidelines and to further specify the methodology elements for the implementation of point (259)(c) thereof. ☐yes ☐no
11.3.
Please describe how the measure applies those requirements. …
12.
Please confirm that the eligible costs only include the direct and indirect costs related to the replacement or modernisation of a main or ancillary engine. ☐yes ☐no
12.1.
If the answer is ‘yes’, please identify the relevant provision(s) in the legal basis. …
12.2.
Please provide a detailed description of the costs that are eligible under the measure. …
13.
Please confirm that the measure prescribes that the maximum aid intensity does not exceed 40 % of the eligible costs. ☐yes ☐no
13.1.
Please provide the maximum aid intensity(ies) applicable under the measure. …
13.2.
Please identify the provision(s) of the legal basis setting out the maximum aid intensity(ies) under the measure. …
OTHER INFORMATION
14.
Please indicate any other information considered relevant to the assessment of the measure under this Section of the Guidelines. …
3.3.
SUPPLEMENTARY INFORMATION SHEET ON AID FOR INCREASE IN THE GROSS TONNAGE OF A FISHING VESSEL FOR THE PURPOSES OF IMPROVING SAFETY, WORKING CONDITIONS OR ENERGY EFFICIENCYThis form must be used by Member States for the notification of any aid for the for the increase in the gross tonnage of a fishing vessel for the purposes of improving safety, working conditions or energy efficiency, as described in Section 3.3 of Chapter 3 of Part II of the Guidelines for State aid in the fishery and aquaculture sector301('the Guidelines').
1.
Please confirm that the measure prescribes that the Union fishing vessels in respect of which aid is granted will not be transferred or reflagged outside the Union during at least five years from the final payment of the aid. ☐yes ☐no
1.1.
If the answer is ‘yes’, please identify the relevant provision(s) in the legal basis. …
2.
Pursuant to point (265)(a) of the Guidelines, fishing vessels must belong to a fleet segment for which the latest report on fishing capacity, referred to in Article 22(2) of Regulation (EU) No 1380/2013, has shown a balance with the fishing opportunities available to that segment (hereafter ‘national report’). Pursuant to point (266) of the Guidelines, the procedure and conditions set out in points (225) to (227) of Part II, Chapter 2, Section 2.2 apply for the purpose of point (265)(a). Against that background, please confirm the following: If the measure concerns inland fishing, questions 2.1-2.2.6.1 do not need to be replied.
2.1.
When was the latest national report prepared before the date of granting the aid? …
Reading this document does not replace reading the official text published in the Official Journal of the European Union. We assume no responsibility for any inaccuracies arising from the conversion of the original to this format.
Legalize