‘(a)

Regulation (EU) No 1144/2014 of the European Parliament and of the Council of 22 October 2014 on information provision and promotion measures concerning agricultural products implemented in the internal market and in third countries and repealing Council Regulation (EC) No 3/2008 (2);

‘(48)

The Commission considers that the principle of contribution to the objectives of rural development is met regarding the aid measures in Sections 1.1.10.3, 1.2, 1.3, 2.8 and 2.9 of Part II of these Guidelines, which are outside the scope of rural development, since the Commission has gained sufficient experience as to the contribution of those measures to the rural development objectives.’;

(a)

point (f) is replaced by the following:

(b)

point (m) is replaced by the following:

(c)

the following point (r) is added:

‘(138)

Where more than one agricultural holding carry out the investment for the production of energy from renewable sources with the aim to serve their own energy needs or for the production of biofuels on holdings, the annual average consumption is equivalent to the sum of the annual average consumption of all beneficiaries.’;

‘(140)

Investments in installations, the primary purpose of which is electricity production from biomass, are not eligible for aid unless a minimum percentage of the heat energy produced is utilised, to be determined by the Member States.’;

‘(177)

Member States must define the upper and lower thresholds for access to start-up aid for young farmers and the development of small farms in terms of the production potential of the agricultural holding, measured in standard output, as defined in Article 5b of Council Regulation (EC) No 1217/2009 (4) and Article 6 of Commission Implementing Regulation (EU) 2015/220 (5), or an equivalent. The lower threshold for access to start-up aid for young farmers must be higher than the upper threshold for access to aid for the development of small farms.

‘(230)

For the conservation of genetic resources in agriculture, the aid must be limited to 100 % of the eligible costs.’;

‘(255)

Additional costs and income foregone must be calculated in comparison to areas which are not affected by natural or other specific constraints, taking into account payments pursuant to Chapter 4 of Title III of the Regulation (EU) No 1307/2013.’;

‘(iv)

the quality scheme must be transparent and ensure complete traceability of agricultural products;’;

‘(296)

Aid referred to in point (293)(a) and (c) and (d)(i) to (iv) must not involve direct payments to the beneficiaries and must be paid to the provider of knowledge transfer and information action. Aid for the costs of the provision of replacement services referred to in point (293)(c) may, alternatively, be paid directly to the provider of the replacement services. Aid referred to in point (293)(d)(v) must be paid directly to the beneficiaries. Aid for small-scale demonstration projects, referred to in point (293)(d)(i) to (iv), may be paid directly to the beneficiaries.’;

‘(302)

Advice may cover other issues and in particular the information related to climate change mitigation and adaptation, biodiversity and protection of waters as laid down in Annex I to Regulation (EU) No 1306/2013 or issues linked to the economic and environmental performance of the agricultural holding, including competitiveness aspects. This may include advice for the development of short supply chains, organic farming and health aspects of animal husbandry.’;

‘(310)

Aid covers the real costs incurred for the replacement of a farmer, a natural person who is a member of farm household, or a farm worker, during their absence from work due to illness, including illness of their child, holidays, maternity and parental leave, mandatory military service or in case of death.’;

‘(311)

The total duration of the replacement should be limited to three months per year per beneficiary, with the exception of replacement for maternity and parental leave and replacement during mandatory military service. For maternity and parental leave, the duration of the replacement shall be limited to six months in each case. However, in duly justified cases the Commission may authorize a longer time period. For mandatory military service, the duration of the replacement shall be limited to the duration of the service.’;

‘(334)

The aid scheme must be established within three years from the date of the occurrence of the event, and the aid must be paid out within four years of that date. For a specific natural disaster or exceptional occurrence, the Commission will authorise separately notified aid that derogates from this rule in duly justified cases, for example due to the nature and/or extent of the event or delayed or continuing nature of the damage.’;

‘(456)

The promotion campaign must comply with Regulation (EU) No 1169/2011 of the European Parliament and of the Council (6) and, where appropriate, with specific labelling rules.

‘(465)

The promotion activities referred to in point (464)(c) and promotion campaigns referred to in point (464)(d), and in particular promotion activities which are generic in character and for the benefit of all producers of the type of product concerned, must not mention any particular undertaking, brand name or origin. Promotion campaigns referred to in (464)(d) must not be earmarked for products of one or more particular company or companies. The Commission will not declare compatible State aid for promotion which risks endangering sales or denigrates products from other Member States.’;

‘(468)

The aid intensity for promotion campaigns focussed on products covered by quality schemes, referred to in point (464)(d) in conjunction with point (455), may not exceed 50 % of the eligible costs of the campaign or 80 % as regards promotion in third countries. If the sector contributes at least 50 % of the costs, irrespective of the form of the contribution, for example special taxes, the aid intensity may be up to 100 % (7).

‘(470)

The Commission will consider national payments granted by Member States for the promotion measures referred to in Article 45 of Regulation (EU) No 1308/2013 compatible with the internal market under Article 107(3)(c) of the Treaty if they comply with the common assessment principles of these Guidelines and with the rules on aid for the promotion measures set out in this Section, in particular points (453), second sentence, to (469).’;

‘(482)

Aid for rescuing and restructuring undertakings in difficulty in the agricultural sector will be assessed in accordance with the Guidelines on State aid for rescuing and restructuring non-financial undertakings in difficulty (8).

‘(483)

However, with regard to aid for rescuing and restructuring undertakings active in the primary agricultural production, instead of the period of 10 years set out in Section 3.6.1, point (71) of the Guidelines on State aid for rescuing and restructuring non-financial undertakings in difficulty, a five-year period will apply.’;

‘(535)

Investments in installations, the primary purpose of which is electricity production from biomass, are not eligible for aid unless a minimum percentage of the heat energy produced is utilised, to be determined by the Member States.’;

‘(537)

Aid may be granted to private forest holders, municipalities and their associations and to SMEs. In the territories of Azores, Madeira, the Canary islands, the smaller Aegean islands within the meaning of Regulation (EU) No 229/2013 and the French overseas departments, aid may also be granted to undertakings that are not SMEs.’;

‘(584)

Where the aid is financed exclusively from national resources, the eligible costs may include the costs of the rental of suitable premises, the acquisition of office equipment, including computer hardware and software, administrative staff costs, overheads and legal and administrative fees. Where premises are purchased, the eligible costs for premises must be limited to rental costs at market rates. Aid must not be paid in respect of costs incurred after the fifth year after recognition of the producer group or organisation by the competent authority on the basis of its business plan.’;

‘(585)

Aid which is granted as part of the rural development programme or as additional national financing for a rural development measure shall be calculated on the basis of the average marketed production of the group or organisation. In the absence of the data on the marketed production of the group or organisation, the support in the first year shall be calculated on the basis of the average marketed production of the members of the group or organisation over the last five years before the recognition, excluding the highest and the lowest value. It must be paid as a flat rate aid in annual instalments for no more than five years following the date on which the producer group or organisation was recognised by the competent authority on the basis of its business plan, and must be degressive.’;

‘(586)

Where the aid is paid in annual instalments, Member States shall pay the last instalment only after having verified the correct implementation of the business plan.’;

‘(587)

The aid intensity may be up to 100 % of the eligible costs specified in point (584).’;

‘(588)

The total amount of aid must be limited to EUR 500 000.’;

‘(594)

The Commission will consider aid for planting, pruning, thinning and felling of trees and other vegetation in existing forests, the removal of fallen trees, and the planning costs of such measures, aid for the costs of treating and preventing the spreading of pests and tree diseases and aid to make good the damage caused by the pests and tree diseases compatible with the internal market under Article 107(3)(c) of the Treaty if the aid complies with the common assessment principles and the common provisions applicable to Section 2.8 of Part II of these Guidelines, and where the primary objective of such measures is to contribute to maintaining or to restoring forest ecosystem and biodiversity or the traditional landscape.’;

‘(594a)

Aid for the costs of treating and preventing the spreading of pests and tree diseases and aid to make good the damage caused by the pests and tree diseases may be granted for the following eligible costs:

‘(619)

Aid must comply with the conditions of aid for advisory services, as laid down in points (288), (289), and (303) to (306)). The service provider will be the body establishing the forest management plan.’;

‘(iv)

the quality scheme must be transparent and ensure complete traceability of agricultural products;’;