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2.1.1. |
Please provide the link to the latest national report or enclose it to the notification. … |
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2.2. |
Please confirm that the following conditions are fulfilled for all aid to be granted: |
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2.2.1. |
Was the national report submitted by 31 May of year N 302? ☐yes ☐no |
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2.2.2. |
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 303 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. |
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2.2.3. |
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 |
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2.2.4. |
Please explain how the national report was taken into account when designing the measure and how the balance is achieved. … |
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2.2.5. |
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 |
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2.2.6. |
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 |
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2.2.6.1. |
If the answer is ‘yes’, please identify the relevant provision(s) in the legal basis. … |
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3. |
Please confirm that the measure prescribes that fishing vessels must not be longer than 24 metres in overall length. ☐yes ☐no |
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3.1. |
If the answer is ‘yes’, please identify the relevant provision(s) in the legal basis. … |
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4. |
Please confirm that the measure prescribes that fishing vessels must have been registered in the Union fleet register for at least the 10 calendar years preceding the year of submission of the aid application. ☐yes ☐no |
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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 10 calendar years preceding the year of submission of the aid application. ☐yes ☐no |
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4.2. |
If the answer to question 4 or 4.1 is ‘yes’, please identify the relevant provision(s) in the legal basis. … |
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5. |
Please confirm that the entry into the fishing fleet of new fishing capacity generated by the operation is compensated for by the prior withdrawal of at least the same amount of fishing capacity without public aid from the same fleet segment or from a fleet segment for which the latest national report, referred to in Article 22(2) of Regulation (EU) No 1380/2013, has shown that the fishing capacity is not in balance with the fishing opportunities available to that segment. ☐yes ☐no |
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5.1. |
If the answer to the previous question is ‘yes’, please identify the relevant provision(s) in the legal basis. … If the measure concerns inland fishing, this question does not apply. |
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6. |
Please confirm the eligible costs: (a) ☐the increase in gross tonnage necessary for the subsequent installation or renovation of accommodation facilities dedicated to the exclusive use of the crew, including sanitary facilities, common areas, kitchen facilities and shelter deck structures (b) ☐the increase in gross tonnage necessary for the subsequent improvement or installation of on-board fire prevention systems, safety and alarm systems or noise-reduction systems (c) ☐the increase in gross tonnage necessary for the subsequent installation of integrated bridge systems to improve navigation or engine control (d) ☐the increase in gross tonnage necessary for the subsequent installation or renovation of an engine or a propulsion system that demonstrates a better energy efficiency or lower CO2 emissions compared to the previous situation, which does not have a power exceeding the fishing vessel’s previously certified engine power pursuant to Article 40(1) of Council Regulation (EC) No 1224/2009 304, and whose maximum power output is certified by the manufacturer for that engine or propulsion system model; (e) ☐the replacement or renovation of the bulbous bow provided that it improves the overall energy efficiency of the fishing vessel. |
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6.1. |
Please identify the provision(s) of the legal basis that reflect your selection. … |
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6.2. |
Please confirm that the eligible costs only include the direct and indirect costs related to the investment aid for improving safety, working conditions or energy efficiency leading to the increase in the gross tonnage of a fishing vessel. ☐yes ☐no |
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6.3. |
If the answer is ‘yes’, please identify the relevant provision(s) in the legal basis. … |
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6.4. |
Please provide a detailed description of the costs that are eligible under the measure. Please describe which costs relate to improving safety, working conditions or energy efficiency, respectively. … |
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7. |
Please describe in detail the control and enforcement mechanisms in place to guarantee the fulfilment of the conditions laid down in Section 3.3 of Chapter 3 of Part II of the Guidelines. … |
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8. |
Please provide a detailed description of the characteristics of the measure, including the amount of the fishing capacity increased and the purpose of that increase. … If the answer was already provided in response to a previous question or section, please refer to that answer. |
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9. |
Please confirm that the measure prescribes that the maximum aid intensity does not exceed 40 % of the eligible costs. ☐yes ☐no |
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9.1. |
Please provide the maximum aid intensity(ies) applicable under the measure. … |
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9.2. |
Please identify the provision(s) of the legal basis setting out the maximum aid intensity(ies) under the measure. … |
OTHER INFORMATION
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10. |
Please indicate any other information considered relevant to the assessment of the measure under this Section of the Guidelines. … |
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3.4. |
SUPPLEMENTARY INFORMATION SHEET ONAID FOR PERMANENT CESSATION OF FISHING ACTIVITIES This form must be used by Member States for the notification of any State aid for the permanent cessation of fishing activities, as described in Section 3.4 of Chapter 3 of Part II of the Guidelines for State aid in the fishery and aquaculture sector 305 ('the Guidelines'). |
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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 |
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1.1. |
If the answer is ‘yes’, please identify the relevant provision(s) in the legal basis. … If the measure only entails the scrapping of fishing vessels, this question does not apply. |
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2. |
Please confirm that the cessation is foreseen as a tool of an action plan referred to in Article 22(4) of Regulation (EU) No 1380/2013. ☐yes ☐no If the measure pursues considerations of an economic nature or other considerations related to conservation of marine biological resources pursuant to point (277) of the Guidelines, this question does not apply. Equally, if the measure concerns inland fishing, this question does not apply. |
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3. |
Please confirm that the permanent cessation of fishing activities will be achieved through: (a) ☐scrapping of the fishing vessel; (b) ☐decommissioning and retrofitting of fishing vessels for activities other than commercial fishing; (c) ☐both, i.e., the permanent cessation will be achieved through scrapping and decommissioning and retrofitting the fishing vessel |
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3.1. |
Please identify the provision(s) of the legal basis that reflect your selection. … |
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4. |
Please confirm that the measure prescribes that fishing vessels must be registered as active and have carried out fishing activities for at least 90 days per year during the last two calendar years preceding the date of submission of the aid application. ☐yes ☐no |
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4.1. |
If the answer is ‘yes’, please identify the relevant provision(s) in the legal basis. … |
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4.2. |
If the fishing activity in question is of a nature that it cannot be carried out throughout the whole calendar year, the minimum requirement of fishing activity, as set out in point (275)(c) of the Guidelines, may be reduced so long as the ratio between the number of days of activity and the number of fishable days is the same as the ratio between the number of days of activity and the number of calendar days per year for beneficiary undertakings which fish throughout the year. |
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4.2.1. |
In such a case, please describe in detail the nature of the fishing activity concerned by the measure, explain how the minimum requirement of fishing activity was calculated and identify the relevant provision(s) in the legal basis. … |
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4.3. |
If the measure concerns inland fishing and fishing vessels are active in the catch of multiple species for which different numbers of fishable days are allowed in inland waters, the number of fishable days to calculate the ratio, as set out in point (276) of the Guidelines, is the average of the number of fishable days allowed for the catches of that vessel. Please note, however, that the minimum number of days of fishing activities resulting from such an adjustment must in no case be below 30 days or above 90 days. |
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4.3.1. |
In such a case, please describe in detail the legal and/or administrative framework applicable to the inland fishing concerned, explain how the minimum requirement of fishing activity was calculated and identify the relevant provision(s) in the legal basis. … |
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5. |
Please confirm that the measure prescribes that equivalent fishing capacity will be permanently removed from the Union fishing fleet register, and that such capacity will not be replaced. ☐yes ☐no |
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5.1. |
If the measure concerns inland fishing, please confirm that the condition applies by reference to the relevant national fleet register, if available under national law, instead of the Union fleet register. ☐yes ☐no |
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5.2. |
If the answer to question 5 or 5.1 is ‘yes’, please identify the relevant provision(s) in the legal basis. … |
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6. |
Please confirm that the measure prescribes that the respective fishing licences and the fishing authorisations will be permanently withdrawn. ☐yes ☐no |
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6.1. |
If the answer is ‘yes’, please identify the relevant provision(s) in the legal basis. … |
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7. |
Please confirm that the measure prescribes that beneficiary undertakings do not register any fishing vessel within five years following the receipt of aid. ☐yes ☐no |
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7.1. |
If the measure concerns inland fishing, please confirm that the condition applies by reference to the relevant national fleet register, if available under national law, instead of the Union fleet register. ☐yes ☐no |
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7.2. |
If the answer to question 7 or 7.1 is ‘yes’, please identify the relevant provision(s) in the legal basis. … |
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8. |
If the measure pursues considerations of an economic nature or other considerations related to conservation of marine biological resources pursuant to point (277) of the Guidelines, or if the measure concerns inland fishing pursuant to point (280) thereof, please address the following: |
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8.1. |
Please explain in detail the circumstances justifying the permanent cessation, setting out for example the economic or environmental considerations pursued. … |
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8.2. |
Please identify the objective of the measure: ☐ conservation measures supported by scientific evidence ☐ considerations of an economic nature |
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8.2.1. |
In case of conservation measures, please provide a summary of the scientific evidence supporting the measure. … |
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8.2.2. |
In case of considerations of an economic nature, please explain in detail the economic rationale of the permanent cessation (unless it is already described in response to question 8.1). … |
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8.3. |
With regard to inland fishing, please confirm that aid under the measure can only be granted to beneficiary undertakings operating exclusively in inland waters. ☐yes ☐no |
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8.3.1. |
If the answer is ‘yes’, please identify the relevant provision(s) in the legal basis. … |
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8.4. |
Please confirm that the measure prescribes that beneficiary undertakings commit not to increase their active fishing capacity from the time of the aid application until five years after the payment of the aid. ☐yes ☐no |
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8.4.1. |
If the answer is ‘yes’, please identify the relevant provision(s) in the legal basis. … |
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8.5. |
Please confirm that the measure prescribes that beneficiary undertakings also commit not to use the aid to replace or modernise their engines, unless the conditions set out in Article 18 of Regulation (EU) 2021/1139 of the European Parliament and of the Council 306 are fulfilled. ☐yes ☐no |
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8.5.1. |
If the answer is ‘yes’, please identify the relevant provision(s) in the legal basis. … |
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8.6. |
If one year prior to the notification, the notifying Member State granted any aid or implemented operations under the European Maritime Fisheries Fund (EMFF) or the European Maritime, Fisheries and Aquaculture Fund (EMFAF) leading to an increase of fishing capacity in a sea basin, or where it included such operations in the national EMFAF programme, please explain in detail to which extent aid for permanent cessation in that same sea basin is compatible with such an increase of fishing capacity and demonstrate the justification for and the indispensability of the aid. If the measure concerns inland fishing, this question does not apply. … |
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9. |
Please confirm the beneficiaries of the aid: (a) ☐owners of Union fishing vessels concerned by the permanent cessation (b) ☐fishers who have worked on board a Union fishing vessel concerned by the permanent cessation for at least 90 days per year during the last two calendar years preceding the year of submission of the aid application (c) ☐both, i.e., the categories of beneficiaries include (a) and (b) |
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9.1. |
Please identify the provision(s) of the legal basis that reflect your selection. … |
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9.2. |
Please explain how the minimum number of 90 days set out above for fishers was calculated, in case any adjustments were applicable to the respective fishing vessels, taking into account points (283)(276) and (281) of the Guidelines. … |
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9.3. |
Please confirm that the measure prescribes that fishers cease all fishing activities for five years following the receipt of aid, and that – if a fisher returns to fishing activities within that period – sums unduly paid in respect of the aid will be recovered in an amount proportionate to the period during which that condition has not been fulfilled. ☐yes ☐no |
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9.3.1. |
If the answer is ‘yes’, please identify the relevant provision(s) in the legal basis. … |
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10. |
Please describe in detail the control and enforcement mechanisms in place to guarantee compliance with the conditions attached to the permanent cessation, including to ensure that capacity is permanently withdrawn, and that the vessel or fishers concerned have ceased any fishing activities following the measure. Please note that, in the absence of a national fleet register applicable to inland waters, Member States must also demonstrate that such control and enforcement mechanisms ensure a management of capacity comparable to that applicable to sea fisheries. … |
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11. |
Please confirm that the eligible costs must be calculated at the level of the individual beneficiary. ☐yes ☐no |
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11.1. |
If the answer is ‘yes’, please identify the relevant provision(s) in the legal basis. … |
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12. |
Please confirm the eligible costs: ☐ in case of scrapping of fishing vessels: ☐ the costs of scrapping the fishing vessels ☐ compensation for the losses of value of the scrapped fishing vessels measured as its current selling value ☐ in case of decommissioning and retrofitting for activities other than commercial fishing: the investment costs related to converting the fishing vessel for the purposes of other economic activities ☐ costs related to the fishers, which can also include the obligatory social costs resulting from the implementation of the permanent cessation insofar as not covered by other national provisions in case of cessation of a business activity |
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12.1. |
Please identify the provision(s) of the legal basis that reflect your selection. … |
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12.2. |
Please describe in detail the eligible costs. … |
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12.3. |
Please confirm that the eligible costs must be reduced by any costs not incurred because of the permanent cessation of fishing activities which would otherwise have been incurred by the beneficiary undertaking. ☐yes ☐no |
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12.3.1. |
If the answer ‘yes’, please identify the relevant costs. … |
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12.3.2. |
If the answer is ‘yes’, please identify the relevant provision(s) in the legal basis. … |
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13. |
Please confirm that the measure prescribes that the maximum aid intensity does not exceed 100 % of the eligible costs. ☐yes ☐no |
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13.1. |
Please provide the maximum aid intensity(ies) applicable under the measure. … |
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13.2. |
Please identify the provision(s) of the legal basis setting out the maximum aid intensity(ies) under the measure. … |
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14. |
Please note that the Commission may accept other calculation methods provided that it is satisfied that they are based on objective criteria and do not result in overcompensation of any beneficiary undertaking. If the notifying Member State intends to propose other 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 other calculation method addresses better the identified needs. … Please submit as an annex to the notification the other methodology proposed, together with a demonstration that it is based on objective criteria and do not result in overcompensation of any beneficiary. |
OTHER INFORMATION
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15. |
Please indicate any other information considered relevant to the assessment of the measure under this Section of the Guidelines. … |
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3.5. |
SUPPLEMENTARY INFORMATION SHEET ON AID FOR TEMPORARY CESSATION OF FISHING ACTIVITIES This form must be used by Member States for the notification of any State aid for the for temporary cessation of fishing activities, as described in Section 3.5 of Chapter 3 of Part II of the Guidelines for State aid in the fishery and aquaculture sector 307 ('the Guidelines'). |
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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 |
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1.1. |
If the answer is ‘yes’, please identify the relevant provision(s) in the legal basis. … |
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2. |
Please identify the case for which aid for temporary cessation of fishing activities is granted: (a) ☐conservation measures, as referred to in Article 7(1), points (a), (b), (c), (i) and (j), of Regulation (EU) No 1380/2013 of the European Parliament and of the Council 308 or, where applicable to the Union, equivalent conservation measures adopted by regional fisheries management organisations, provided that a reduction of fishing effort is needed, based on scientific advice, in order to achieve the objectives of the CFP, a set out in Article 2(2) and Article 2(5), point (a), of Regulation (EU) No 1380/2013 (b) ☐Commission measures in case of a serious threat to marine biological resources, as referred to in Article 12 of Regulation (EU) No 1380/2013 (c) ☐Member State emergency measures pursuant to Article 13 of Regulation (EU) No 1380/2013 (d) ☐the interruption, due to reasons of force majeure, of the application of a sustainable fisheries partnership agreement or protocol thereto (e) ☐environmental incidents or health crises, as formally recognised by the competent authorities of the relevant Member State. |
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2.1. |
Please provide a detailed description of the measures, incidents or crises in question and, if applicable, identify the relevant provision(s) in the legal basis formally recognising those events. … If the measure concerns inland fishing, this question does not apply, see instead question 5.2. |
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3. |
Please confirm that the measure prescribes that aid may only be granted where the fishing activities of the vessel or fisher concerned are stopped during at least 30 days in a given calendar year. ☐yes ☐no |
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3.1. |
If the answer is ‘yes’, please identify the relevant provision(s) in the legal basis. … |
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4. |
Please confirm the beneficiaries of the aid: (a) ☐owners or operators of Union fishing vessels which are registered as active and which have carried out fishing activities for at least 120 days during the last two calendar years preceding the year of submission of the aid application (b) ☐with regard to inland fishing: owners or operators of fishing vessels which are registered in the national fleet register (if applicable under national law) as active and which have carried out fishing activities for at least 120 days during the last two calendar years preceding the year of submission of the aid application (c) ☐fishers who have worked on board a Union fishing vessel concerned by the temporary cessation for at least 120 days during the last two calendar years preceding the year of submission of the aid application (d) ☐fishers on foot who have carried out fishing activities for at least 120 days during the last two calendar years preceding the year of submission of the aid application |
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4.1. |
Please identify the provision(s) of the legal basis that reflect your selection. … |
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4.2. |
If the fishing activity in question is of a nature that it cannot be carried out throughout the whole calendar year, the minimum requirement of fishing activity, as set out in point (295) of the Guidelines, may be reduced as long as the ratio between the number of days of activity and the number of fishable days is the same as the ratio between the number of days of activity and the number of calendar days per year for beneficiary undertakings which fish throughout the year. |
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4.2.1. |
In such a case, please describe in detail the nature of the fishing activity concerned by the measure, explain how the minimum requirement of fishing activity was calculated and identify the relevant provision(s) in the legal basis. … |
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4.3. |
If the measure concerns inland fishing and fishing vessels or fishers are active in the catch of multiple species for which different numbers of fishable days are allowed in inland waters, the number of fishable days to calculate the ratio, as set out in point (296) of the Guidelines, is the average of the number of fishable days allowed for the catches of that vessel or fisher. Please note, however, that the minimum number of days of fishing activities resulting from such an adjustment must in no case be below 40 days or above 120 days. |
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4.3.1. |
In such a case, please describe in detail the legal and/or administrative framework applicable to the inland fishing concerned, explain how the minimum requirement of fishing activity was calculated and identify the relevant provision(s) in the legal basis. … |
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5. |
If the measure concerns inland fishing, please address the following: |
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5.1. |
Please confirm that aid under the measure can only be granted to beneficiary undertakings operating exclusively in inland waters. ☐yes ☐no |
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5.1.1. |
If the answer is ‘yes’, please identify the relevant provision(s) in the legal basis. … |
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5.2. |
Please identify the objective of the measure: (a) ☐conservation measures supported by scientific evidence (b) ☐environmental incidents or health crises, as formally recognised by the competent authorities of the relevant Member State |
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5.2.1. |
In case of conservation measures, please provide a summary of the scientific evidence supporting measure. … |
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5.2.2. |
In case of incidents or crises, please provide a detailed description of the incidents or crises in question and identify the relevant provision(s) in the legal basis formally recognising those events. … |
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6. |
Please confirm that aid may be granted for a maximum duration of 12 months per vessel or per fisher during the programming period under the European Maritime, Fisheries and Aquaculture Fund, irrespective of the source of funding, whether nationally financed or co-financed pursuant to Article 21 of Regulation (EU) 2021/1139 of the European Parliament and of the Council 309. ☐yes ☐no |
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6.1. |
If the answer is ‘yes’, please identify the relevant provision(s) in the legal basis. … |
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6.2. |
Please confirm that the notifying Member States will comply with the reporting obligation set out in point (346) of the Guidelines. ☐yes ☐no |
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7. |
Please confirm that the measure prescribes that all fishing activities carried out by the vessels or fishers concerned must be effectively suspended during the period concerned by the temporary cessation of fishing activities. ☐yes ☐no |
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7.1. |
If the answer is ‘yes’, please identify the relevant provision(s) in the legal basis. … |
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8. |
Please describe in detail the control and enforcement mechanisms in place to guarantee compliance with the conditions attached to the temporary cessation, including to ensure that the vessel or fisher concerned has ceased any fishing activities during the period concerned by the measure. … |
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9. |
Please confirm the eligible costs: (a) ☐loss of income due to the temporary cessation of fishing activities (b) ☐other costs related to the maintenance, upkeep and preservation of unutilised assets during temporary cessation of fishing activities (c) ☐both, i.e., the eligible costs include (a) and (b) |
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9.1. |
Please identify the provision(s) of the legal basis that reflect your selection. … |
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9.2. |
Please confirm that the eligible costs must be calculated at the level of the individual beneficiary. ☐yes ☐no |
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9.2.1. |
If the answer is ‘yes’, please identify the relevant provision(s) in the legal basis. … |
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9.3. |
Please confirm that the loss of income must be calculated pursuant to point (304) of the Guidelines, that is by subtracting: (a) the result of multiplying the quantity of the fishery products produced in the year of the temporary cessation of fishing activities, by the average selling price obtained during that year, from (b)the result of multiplying the average annual quantity of fishery products produced in the three-year period preceding the temporary cessation of fishing activities, or a three-year average based on the five-year period preceding the temporary cessation of fishing activities, excluding the highest and lowest entry, by the average selling price obtained. ☐yes ☐no |
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9.3.1. |
If the answer is ‘yes’, please identify the relevant provision(s) in the legal basis. … |
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9.4. |
Please confirm that costs related to the maintenance, upkeep and preservation of unutilised assets during temporary cessation of fishing activities must be calculated based on an average of the costs incurred over the three-year period preceding the temporary cessation of fishing activities, or on a three-year average over the five-year period preceding the temporary cessation of fishing activities, excluding the highest and lowest entry. ☐yes ☐no |
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9.4.1. |
If the answer is ‘yes’, please identify the relevant provision(s) in the legal basis. … |
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9.5. |
Please explain whether the eligible costs may include other costs incurred by the beneficiary undertaking due to the temporary cessation of fishing activities. ☐yes ☐no |
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9.5.1. |
If the answer is ‘yes’, please identify the relevant costs. … |
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9.5.2. |
If the answer is ‘yes’, please identify the relevant provision(s) in the legal basis. … |
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9.6. |
Please confirm that the eligible costs must be reduced by any costs not incurred because of the temporary cessation of fishing activities, which would otherwise have been incurred by the beneficiary undertaking. |
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9.6.1. |
If the answer is ‘yes’, please identify the relevant costs. … |
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9.6.2. |
If the answer is ‘yes’, please identify the relevant provision(s) in the legal basis. … |
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9.7. |
Please confirm that the measure prescribes that, where a vessel is used during the temporary cessation for activities other than commercial fishing, any income must be declared and deducted from the aid granted under this Section, and no aid must be granted for other costs related to the maintenance, upkeep and preservation of unutilised assets during temporary cessation of fishing activities. ☐yes ☐no |
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9.7.1. |
If the answer is ‘yes’, please identify the relevant provision(s) in the legal basis. … |
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10. |
Please note that the Commission may accept other calculation methods provided that it is satisfied that they are based on objective criteria and do not result in overcompensation of any beneficiary undertaking. If the notifying Member State intends to propose an other 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 other calculation method addresses better the identified needs. … Please submit as an annex to the notification the other methodology proposed, together with a demonstration that it is based on objective criteria and do not result in overcompensation of any beneficiary. … |
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11. |
Please confirm whether the measure provides that, where an SME was set up less than three years from the date of the temporary cessation of fishing activities, the reference to the three or five-year periods in points (304)(b) and (305) of the Guidelines (questions 9.3 and 9.4 above) must be understood as referring to the quantity produced and sold, or costs incurred, by an average undertaking of the same size as the applicant, namely a micro enterprise, a small enterprise or a medium enterprise, respectively, in the national or regional sector affected by the temporary cessation of fishing activities. ☐yes ☐no |
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11.1. |
If the answer is ‘yes’, please identify the relevant provision(s) in the legal basis. … |
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12. |
Please confirm that the measure prescribes that the aid and any other payments, including payments under insurance policies, received for the purpose of temporary cessation of fishing activities must be limited to 100 % of the eligible costs ☐yes ☐no |
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12.1. |
Please provide the maximum aid intensity(ies) applicable under the measure. … |
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12.2. |
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
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13. |
Please indicate any other information considered relevant to the assessment of the measure under this Section of the Guidelines. … |
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3.6. |
SUPPLEMENTARY INFORMATION SHEET ON LIQUIDITY AID TO FISHERS This form must be used by Member States for the notification of liquidity aid to fishers, as described in Section 3.6 of Chapter 3 of Part II of the Guidelines for State aid in the fishery and aquaculture sector 310 ('the Guidelines'). Aid under this Section may also be granted to undertakings active in inland fishing. |
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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 |
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1.1. |
If the answer is ‘yes’, please identify the relevant provision(s) in the legal basis. … |
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2. |
Please explain in detail the circumstances justifying the liquidity aid and describe the exogenous events entailing a temporary restriction of fishing activities. … |
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3. |
Please explain when the exogenous event occurred, including its starting and ending dates if applicable. … |
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4. |
Please confirm that the measure does not concern any of the following: (a) (the cases of temporary cessation of fishing activities listed in Section 3.5 of Part II, Chapter 3 of the Guidelines (b) conservation measures taken in accordance with sustainable fisheries partnership agreements and of agreements on exchange or joint management (c) the reduction or loss of fishing opportunities within EU waters in the framework of the implementation of the Common Fisheries Policy (d) the reduction or loss of fishing opportunities with regard to non-EU waters, e.g. due to non-renewal, suspension, termination or re-negotiation of a sustainable fisheries partnership agreement and of agreements on exchange or joint management or measures on fixing and allocation of fishing opportunities taken in accordance with such agreements or under the auspice of a regional fisheries management organisation ☐yes ☐no |
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5. |
Please confirm that the measure prescribes that aid may only be granted where there is a direct causal link between the exogenous events and the loss of income suffered. ☐yes ☐no |
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5.1. |
If the answer is ‘yes’, please identify the relevant provision(s) in the legal basis. … |
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6. |
Please describe in detail the control and enforcement mechanisms in place to guarantee compliance with the conditions attached to the liquidity aid to fishers. … |
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7. |
Please confirm that the eligible costs only cover the loss of income due to the exogenous events. ☐yes ☐no |
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7.1. |
If the answer to the previous question is ‘yes’, please identify the relevant provision(s) in the legal basis. … |
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7.2. |
Please confirm that the eligible costs must be calculated at the level of the individual beneficiary. ☐yes ☐no |
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7.2.1. |
If the answer is ‘yes’, please identify the relevant provision(s) in the legal basis. … |
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7.3. |
Please confirm that the loss of income must be calculated pursuant to point (319) of the Guidelines, that is by subtracting: (a) the result of multiplying the quantity of the fishery products produced in the year of the exogenous events, by the average selling price obtained during that year, from (b) the result of multiplying the average annual quantity of fishery products produced in the three-year period preceding the exogenous events, or a three-year average based on the five-year period preceding the exogenous events, excluding the highest and lowest entry, by the average selling price obtained. ☐yes ☐no |
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7.3.1. |
If the answer is ‘yes’, please identify the relevant provision(s) in the legal basis. … |
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7.4. |
Please explain whether the eligible costs may include other costs incurred by the beneficiary undertaking due to the exogenous events. ☐yes ☐no |
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7.4.1. |
If the answer is ‘yes’, please identify the relevant costs. … |
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7.4.2. |
If the answer is ‘yes’, please identify the relevant provision(s) in the legal basis. … |
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7.5. |
Please confirm that the eligible costs must be reduced by any costs not incurred because of the exogenous events, which would otherwise have been incurred by the beneficiary undertaking. |
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7.5.1. |
If the answer is ‘yes’, please identify the relevant costs. … |
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7.5.2. |
If the answer is ‘yes’, please identify the relevant provision(s) in the legal basis. … |
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7.6. |
Please confirm that the measure prescribes that, where a vessel is used during the exogenous events for activities other than commercial fishing, any income must be declared and deducted from the aid granted under this Section. ☐yes ☐no |
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7.6.1. |
If the answer is ‘yes’, please identify the relevant provision(s) in the legal basis. … |
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8. |
Please note that the Commission may accept other calculation methods provided that it is satisfied that they are based on objective criteria and do not result in overcompensation of any beneficiary undertaking. If the notifying Member State intends to propose another 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 other calculation method addresses better the identified needs. … Please submit as an annex to the notification the other methodology proposed, together with a demonstration that it is based on objective criteria and do not result in overcompensation of any beneficiary. |
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9. |
Please confirm whether the measure provides that, where an SME was set up less than three years from the date of the exogenous events, the reference to the three or five-year periods in point (319)(b) of the Guidelines 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, a small enterprise or a medium enterprise, respectively, in the national or regional sector affected by the exogenous events ☐yes ☐no |
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9.1. |
If the answer is ‘yes’, please identify the relevant provision(s) in the legal basis. … |
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10. |
Please confirm that the measure prescribes that the aid and any other payments, including payments under insurance policies, must be limited to 100 % of the eligible costs. ☐yes ☐no |
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10.1. |
Please provide the maximum aid intensity(ies) applicable under the measure. … |
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10.2. |
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
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11. |
Please indicate any other information considered relevant to the assessment of the measure under this Section of the Guidelines. …’ |
[^ntr1-L_202500905EN.000501-E0001]: Commission Regulation (EC) No 794/2004 of 21 April 2004 implementing Council Regulation (EU) 2015/1589 laying down detailed rules for the application of Article 108 of the Treaty on the Functioning of the European Union (OJ L 140, 30.4.2004, p 1).
[^ntr2-L_202500905EN.000501-E0002]: NACE Rev. 2.1, or subsequent legislation amending or replacing it. NACE is the statistical classification of economic activities in the European Union as laid down in Regulation (EC) No 1893/2006 of the European Parliament and of the Council of 20 December 2006 establishing the statistical classification of economic activities NACE Revision 2 and amending Council Regulation (EEC) No 3037/90 as well as certain EC Regulations on specific statistical domains (OJ L 393, 30.12.2006, p. 1).
[^ntr3-L_202500905EN.000501-E0003]: Commission Recommendation 2003/361/EC of 6 May 2003 concerning the definition of micro, small and medium-sized enterprises (OJ L 124, 20.5.2003, p. 36, ELI: http://data.europa.eu/eli/reco/2003/361/oj).
[^ntr4-L_202500905EN.000501-E0004]: In the case of partner and linked enterprises, please note that the amounts reported for the aid beneficiary should take into account the number of employees and the financial data of the linked enterprises and/or partner enterprises.
[^ntr5-L_202500905EN.000501-E0005]: As defined in the Guidelines on State aid for rescuing and restructuring non-financial undertakings in difficulty (OJ C 249, 31.7.2014, p. 1).
[^ntr6-L_202500905EN.000501-E0006]: Commission's registration number of the authorised or block-exempted scheme.
[^ntr7-L_202500905EN.000501-E0007]: In accordance with Article 1, point (e) of Regulation (EU) 2015/1589, individual aid means aid that is not awarded on the basis of an aid scheme and notifiable award of aid on the basis of a scheme.
[^ntr8-L_202500905EN.000501-E0008]: Commission's registration number of the authorised or block-exempted scheme.
[^ntr9-L_202500905EN.000501-E0009]: The date of the legally binding commitment to award the aid.
[^ntr10-L_202500905EN.000501-E0010]: In the case of aid to the agriculture sector or fishery and aquaculture sector, information on compliance with the common assessment principles is requested in Parts III.12 (General information sheet for the Guidelines for State aid in the agriculture and forestry sectors and in rural areas) and III.14 (General information sheet for the Guidelines for State aid in the fishery and aquaculture sector).
[^ntr11-L_202500905EN.000501-E0011]: A secondary objective is one for which, in addition to the primary objective, the aid will be exclusively earmarked. For example, a scheme for which the primary objective is research and development may have as a secondary objective small and medium-sized enterprises (SMEs) if the aid is earmarked exclusively for SMEs. The secondary objective may also be sectorial, in the case for example of a research and development scheme in the steel sector.
[^ntr12-L_202500905EN.000501-E0012]: ‘State Aid Transparency Public Search’, available at the following website: https://webgate.ec.europa.eu/competition/transparency/public?lang=en.
[^ntr13-L_202500905EN.000501-E0013]: Grant/Interest rate subsidy, Loan/Repayable advances/Reimbursable grant, Guarantee, Tax advantage or tax exemption, Risk finance, Other. If the aid is granted through multiple aid instruments, the aid amount must be provided by instrument.
[^ntr14-L_202500905EN.000501-E0014]: Such a requirement can be waived with respect to individual aid awards below the thresholds as specified in the legal basis. For schemes in the form of tax advantages, the information on individual aid can be provided in the ranges specified specified in the legal basis.
[^ntr15-L_202500905EN.000501-E0015]: Overall amount of aid planned, expressed in full national currency amounts. For tax measures, estimated overall revenue loss due to tax concessions. If the average annual State aid budget of the scheme exceeds EUR 150 million, please fill in the section on Evaluation of this notification form.
[^ntr16-L_202500905EN.000501-E0016]: For information on aid amounts or budget at any Section of this form and supplementary forms, give the full amount in national currency.
[^ntr17-L_202500905EN.000501-E0017]: In case of an average annual State aid budget of the scheme above EUR 150 million, please fill in the section on Evaluation of this notification form.
[^ntr18-L_202500905EN.000501-E0018]: Commission Regulation (EU) 2023/2831 of 13 December 2023 on the application of Articles 107 and 108 of the Treaty on the Functioning of the European Union to de minimis aid (OJ L, 2023/2831, 15.12.2023, ELI: http://data.europa.eu/eli/reg/2023/2831/oj), Commission Regulation (EU) 2023/2832 of 13 December 2023 on the application of Articles 107 and 108 of the Treaty on the Functioning of the European Union to de minimis aid granted to undertakings providing services of general economic interest (OJ L, 2023/2832, 15.12.2023, ELI: http://data.europa.eu/eli/reg/2023/2832/oj), Commission Regulation (EU) No 717/2014 of 27 June 2014 on the application of Articles 107 and 108 of the Treaty on the Functioning of the European Union to de minimis aid in the fishery and aquaculture sector (OJ L 190, 28.6.2014, p. 45, ELI: http://data.europa.eu/eli/reg/2014/717/oj) and Commission Regulation (EU) No 1408/2013 of 18 December 2013 on the application of Articles 107 and 108 of the Treaty on the Functioning of the European Union to de minimis aid in the agriculture sector (OJ L 352, 24.12.2013, p. 9, ELI: http://data.europa.eu/eli/reg/2013/1408/oj).
[^ntr19-L_202500905EN.000501-E0019]: Union funding centrally managed by the Commission that is not directly or indirectly under the control of the Member State does not constitute State aid. Where such Union funding is combined with other public funding, only the latter will be considered for determining whether notification thresholds and maximum aid intensities are respected, provided that the total amount of public funding granted in relation to the same eligible costs does not exceed the maximum funding rates laid down in the applicable Union legislation.
[^ntr20-L_202500905EN.000501-E0020]: For guidance, see the Commission Staff Working Document "Common methodology for State aid evaluation", SWD(2014)179 final of 28.5.2014 under https://competition-policy.ec.europa.eu/document/download/323bb641-3467-4b18-aece-7efdc39e0edc_en?filename=modernisation_evaluation_methodology_en.pdf .
[^ntr21-L_202500905EN.000501-E0021]: For guidance, see the Commission Staff Working Document "Common methodology for State aid evaluation", SWD(2014)179 final of 28.5.2014 under https://competition-policy.ec.europa.eu/document/download/323bb641-3467-4b18-aece-7efdc39e0edc_en?filename=modernisation_evaluation_methodology_en.pdf .
[^ntr22-L_202500905EN.000501-E0022]: Council Regulation (EU) 2015/1589 of 13 July 2015 laying down detailed rules for the application of Article 108 of the Treaty on the Functioning of the European Union (OJ L 248, 24.9.2015, p. 9, ELI: http://data.europa.eu/eli/reg/2015/1589/oj).
[^ntr23-L_202500905EN.000501-E0023]: For guidance see Article 339 TFEU that refers to "information about undertakings, their business relations or their cost components". The Union courts have generally defined "business secrets" as information "of which not only disclosure to the public but also mere transmission to a person other than the one that provided the information may seriously harm the latter's interest" in Case T-353/94 Postbank v Commission, ECLI:EU:T:1996:119, paragraph 87.
[^ntr24-L_202500905EN.000501-E0024]: Communication from the Commission to the Member States on the application of Articles 107 and 108 of the Treaty on the Functioning of the European Union to short-term export-credit insurance (OJ C 392, 19.12.2012, p. 1).
[^ntr25-L_202500905EN.000501-E0025]: Guidelines on certain State aid measures in the context of the system for greenhouse gas emission allowance trading post-2021 (OJ C 317, 25.9.2020, p. 5) Guidelines on certain State aid measures in the context of the greenhouse gas emission allowance trading scheme post 2012 (OJ C 158, 5.6.2012, p. 4).
[^ntr26-L_202500905EN.000501-E0026]: Communication from the Commission on the application, from 1 August 2013, of State aid rules to support measures in favour of banks in the context of the financial crisis (OJ C 216, 30.7.2013, p. 1).
[^ntr27-L_202500905EN.000501-E0027]: Communication from the Commission — Criteria for the analysis of the compatibility with the internal market of State aid to promote the execution of important projects of common European interest (OJ C 188, 20.6.2014, p. 4).
[^ntr28-L_202500905EN.000501-E0028]: Communication from the Commission on the application of the European Union State aid rules to compensation granted for the provision of services of general economic interest (OJ C 8, 11.1.2012, p. 4).
[^ntr29-L_202500905EN.000501-E0029]: Communication from the Commission Guidelines on regional State aid 2021/C 153/01 (OJ C 153, 29.4.2021, p. 1).
[^ntr30-L_202500905EN.000501-E0030]: ‘The same or a similar activity’ means an activity falling under the same class (four-digit numerical code) of the NACE Rev. 2 statistical classification of economic activities.
[^ntr31-L_202500905EN.000501-E0031]: As defined in the Communication from the Commission — Guidelines on State aid for rescuing and restructuring non-financial undertakings in difficulty (OJ C 249, 31.7.2014, p. 1).
[^ntr32-L_202500905EN.000501-E0032]: ‘SMEs’ means undertakings that fulfil the conditions laid down in Commission recommendation of 6 May 2003 concerning the definition of micro, small and medium-sized enterprises (OJ L 124, 20.5.2003, p. 36).
[^ntr33-L_202500905EN.000501-E0033]: The sole acquisition of the shares of an undertaking does not qualify as initial investment.
[^ntr34-L_202500905EN.000501-E0034]: The conditions are the following: (1) The investment concerns an initial investment in a territory identified for co-financed support from the JTF in a ‘c’ area that has a GDP per capita below 100 % of the EU-27 average; (2) the investment and the beneficiary are identified in the territorial just transition plan of a Member State approved by the Commission; and (3) the State aid for the investment is covered by the JTF to the maximum allowed.
[^ntr35-L_202500905EN.000501-E0035]: Sole acquisition of the shares of an undertaking does not qualify as initial investment that creates a new economic activity.
[^ntr36-L_202500905EN.000501-E0036]: In national currency (see also point 2.5 below)
[^ntr37-L_202500905EN.000501-E0037]: This provision does not apply to SMEs or in the case of the acquisition of an establishment.
[^ntr38-L_202500905EN.000501-E0038]: Paragraph 33 of RAG provides that for large enterprises, the costs of intangible assets are eligible only up to 50% of the total eligible investment costs for the initial investment. For SMEs, 100% of the costs of intangible assets are eligible. Paragraph 34 of RAG provides that intangible assets that can be taken into account for the calculation of the investment costs must remain associated with the area concerned and must not be transferred to other areas. To this end, the intangible assets must fulfil the following conditions:
- (1) they must be used exclusively in the establishment receiving the aid;
- (2) they must be amortisable;
- (3) they must be purchased under market conditions from third parties unrelated to the buyer;
- (4) they must be included in the assets of the undertaking that receives the aid and must remain associated with the project for which the aid is awarded for at least five years (three years for SMEs).
[^ntr39-L_202500905EN.000501-E0039]: In national currency
[^ntr40-L_202500905EN.000501-E0040]: Commission notice on current State aid recovery interest rates and reference/discount rates applicable as from 1 May 2021 (Published in accordance with Article 10 of Commission Regulation (EC) No 794/2004 of 21 April 2004 (OJ L 140, 30.4.2004, p. 1).
[^ntr41-L_202500905EN.000501-E0041]: In national currency
[^ntr42-L_202500905EN.000501-E0042]: The aid amount(s) and eligible costs should be provided both in nominal and discounted values.
[^ntr43-L_202500905EN.000501-E0043]: In national currency
[^ntr44-L_202500905EN.000501-E0044]: In order to do so, you could, for example, refer to the criteria enumerated in paragraph 50 of the RAG and/or to the business plan of the beneficiary. Expected positive effects could for example relate to number of jobs created or safeguarded, R&D&I activities, training, creation of a cluster and possible contribution to the digital and green transition of the economy (including, where relevant, information on whether the investment is environmentally sustainable within the meaning of Regulation (EU) 2020/852 of the European Parliament and of the Council of 18 June 2020 on the establishment of a framework to facilitate sustainable investment, and amending Regulation (EU) 2019/2088 (OJ L 198, 22.6.2020, p. 13, ELI: http://data.europa.eu/eli/reg/2020/852/oj ).
[^ntr45-L_202500905EN.000501-E0045]: This question does not apply to subsidised loans, public equity-capital loans or public participations which do not meet the market investor principle, state guarantees containing elements of aid, or public support granted within the scope of de minimis rule.
[^ntr46-L_202500905EN.000501-E0046]: For example, direct grants, exemptions or reductions in taxes, social security or other compulsory charges, or the supply of land, goods or services at favourable prices, etc.
[^ntr47-L_202500905EN.000501-E0047]: For example, low-interest loans or interest rebates, State guarantees, the purchase of a share-holding or an alternative injection of capital on favourable terms.
[^ntr48-L_202500905EN.000501-E0048]: The time period considered for the calculation of the IRR should correspond to timeframes usually considered by the industry for similar projects.
[^ntr49-L_202500905EN.000501-E0049]: All relevant costs and benefits must be taken into account, including for example administrative costs, transport costs, training costs not covered by training aid and wage differences. However, if the alternative location is in the EEA, subsidies granted in that other location cannot be taken into account.
[^ntr50-L_202500905EN.000501-E0050]: Please also provide this information for scenario 2 situations where the investment, in the counterfactual scenario, would be made in a different geographical market.
[^ntr51-L_202500905EN.000501-E0051]: Underperformance of the market will typically be measured against the EEA GDP over the three years before the start of the project (benchmark rate); it can also be measured on the basis of projected growth rates for the next three to five years. Indicators may include the expected future growth of the market concerned, the resulting expected capacity utilisation rates, and the likely impact of the capacity increase on competitors in terms of prices and profit margins.
[^ntr52-L_202500905EN.000501-E0052]: As defined in Annex III of Commission Regulation (EU) No 651/2014 of 17 June 2014 declaring certain categories of aid compatible with the internal market in application of Articles 107 and 108 of the Treaty.
[^ntr53-L_202500905EN.000501-E0053]: As defined in Annex III of Commission Regulation (EU) No 651/2014 of 17 June 2014 declaring certain categories of aid compatible with the internal market in application of Articles 107 and 108 of the Treaty.
[^ntr54-L_202500905EN.000501-E0054]: Guidelines on regional State aid (OJ C 153, 29.4.2021, p. 1).
[^ntr55-L_202500905EN.000501-E0055]: Commission Regulation (EU) No 651/2014 of 17 June 2014 declaring certain categories of aid compatible with the internal market in application of Articles 107 and 108 of the Treaty (OJ L 187, 26.6.2014, p. 1, ELI: http://data.europa.eu/eli/reg/2014/651/oj).
[^ntr56-L_202500905EN.000501-E0056]: Commission Regulation (EU) 2023/2831 of 13 December 2023 on the application of Articles 107 and 108 of the Treaty on the Functioning of the European Union to de minimis aid (OJ L, 2023/2831, 15.12.2023, ELI: http://data.europa.eu/eli/reg/2023/2831/oj ).
[^ntr57-L_202500905EN.000501-E0057]: As defined in the Guidelines on State aid for rescuing and restructuring non-financial undertakings in difficulty (OJ C 249, 31.7.2014, p. 1).
[^ntr58-L_202500905EN.000501-E0058]: As defined in Annex VI to RAG.
[^ntr59-L_202500905EN.000501-E0059]: ‘Lignite’ means low-rank C or Ortho-lignite and low-rank B or Meta lignite as defined by the international codification system for coal established by the United Nations Economic Commission for Europe.
[^ntr60-L_202500905EN.000501-E0060]: ‘Coal’ means high-grade, medium grade and low grade category A and B coal as defined by the international codification system for coal established by the United Nations Economic Commission for Europe and clarified in the Council decision of 10 December 2010 on State aid to facilitate the closure of uncompetitive coal mines (OJ L 336, 21.12.2010, p. 24).
[^ntr61-L_202500905EN.000501-E0061]: As covered by Regulation (EU) No 1379/2013 of the European Parliament and of the Council of 11 December 2013 on the common organisation of the markets in fishery and aquaculture products, amending Council Regulations (EC) No 1184/2006 and (EC) No 1224/2009 and repealing Council Regulation (EC) No 104/2000 (OJ L 354, 28.12.2013, p. 1).
[^ntr62-L_202500905EN.000501-E0062]: State aid for the primary production, processing and marketing of agricultural products resulting in agricultural products listed in Annex I to the Treaty and forestry is subject to rules laid down in the Guidelines for State aid in the agricultural sector (OJ C 204, 1.7.2014, p. 1).
[^ntr63-L_202500905EN.000501-E0063]: The RAG apply to aid schemes supporting activities outside the scope of Article 42 of the Treaty that are co-financed by the European Agriculture Fund for Rural Development (EAFRD) or are granted as additional national financing to such co-financed measures, unless the sectoral rules state otherwise.
[^ntr64-L_202500905EN.000501-E0064]: Transport means the transport of passengers by aircraft, maritime transport, road, railway and by inland waterway or freight transport services for hire or reward. Transport infrastructure covered by specific guidelines, such as airports, is also excluded from these Guidelines (see the Communication from the Commission – Guidelines on State aid to airports and airlines (OJ C 99, 4.4.2014, p. 3).
[^ntr65-L_202500905EN.000501-E0065]: Communication from the Commission — EU Guidelines for the application of State aid rules in relation to the rapid deployment of broadband networks (OJ C 25, 26.1.2013, p. 1).
[^ntr66-L_202500905EN.000501-E0066]: The Commission will assess the compatibility of State aid to the energy sector on the basis of the Guidelines on State aid for environmental protection and energy 2014-2020 (OJ C 200, 28.6.2014, p. 1).
[^ntr67-L_202500905EN.000501-E0067]: ‘SMEs’ means undertakings that fulfil the conditions laid down in Commission recommendation of 6 May 2003 concerning the definition of micro, small and medium-sized enterprises (OJ L 124, 20.5.2003, p. 36).
[^ntr68-L_202500905EN.000501-E0068]: The sole acquisition of the shares of an undertaking does not qualify as initial investment.
[^ntr69-L_202500905EN.000501-E0069]: ‘The same or a similar activity’ means an activity falling under the same class (four-digit numerical code) of the NACE Rev. 2 statistical classification of economic activities.
[^ntr70-L_202500905EN.000501-E0070]: Sole acquisition of the shares of an undertaking does not qualify as initial investment that creates a new economic activity.
[^ntr71-L_202500905EN.000501-E0071]: This provision does not have to apply for SMEs or in case of acquisition of an establishment.
[^ntr72-L_202500905EN.000501-E0072]: Paragraph 34 of RAG provides that intangible assets that can be taken into account for the calculation of the investment costs must remain associated with the area concerned and must not be transferred to other areas. To this end, the intangible assets must fulfil the following conditions:
- (1) they must be used exclusively in the establishment receiving the aid;
- (2) they must be amortisable;
- (3) they must be purchased under market conditions from third parties unrelated to the buyer;
- (4) they must be included in the assets of the undertaking that receives the aid and must remain associated with the project for which the aid is awarded for at least five years (three years for SMEs).
[^ntr73-L_202500905EN.000501-E0073]: This question does not apply to subsidised loans, public equity-capital loans or public participations which do not meet the market investor principle, state guarantees containing elements of aid, or public support granted within the scope of de minimis rule.
[^ntr74-L_202500905EN.000501-E0074]: A counterfactual is credible if it is genuine and relates to the decision-making factors prevalent at the time of the decision by the beneficiary regarding the investment.
[^ntr75-L_202500905EN.000501-E0075]: For this purpose reference can be made, among others, to impact assessments of the proposed scheme or ex post evaluations of similar schemes.
[^ntr76-L_202500905EN.000501-E0076]: For example, direct grants, exemptions or reductions in taxes, social security or other compulsory charges, or the supply of land, goods or services at favourable prices, etc.
[^ntr77-L_202500905EN.000501-E0077]: For example, low-interest loans or interest rebates, State guarantees, the purchase of a share-holding or an alternative injection of capital on favourable terms.
[^ntr78-L_202500905EN.000501-E0078]: In order to enable the Commission to assess the likely negative effects the Member State could submit any impact assessment at its disposal as well as ex-post evaluations carried out for similar predecessor schemes.
[^ntr79-L_202500905EN.000501-E0079]: As defined in Annex III of Commission Regulation (EU) No 651/2014 of 17 June 2014 declaring certain categories of aid compatible with the internal market in application of Articles 107 and 108 of the Treaty.
[^ntr80-L_202500905EN.000501-E0080]: As defined in Annex III of Commission Regulation (EU) No 651/2014 of 17 June 2014 declaring certain categories of aid compatible with the internal market in application of Articles 107 and 108 of the Treaty.
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