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Document 52015XC1124(01)
Commission Notice amending the European Union Guidelines for State aid in the agricultural and forestry sectors and in rural areas 2014 to 2020
Commission Notice amending the European Union Guidelines for State aid in the agricultural and forestry sectors and in rural areas 2014 to 2020
Commission Notice amending the European Union Guidelines for State aid in the agricultural and forestry sectors and in rural areas 2014 to 2020
OJ C 390, 24.11.2015, p. 4–9
(BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
24.11.2015 |
EN |
Official Journal of the European Union |
C 390/4 |
Commission Notice amending the European Union Guidelines for State aid in the agricultural and forestry sectors and in rural areas 2014 to 2020
(2015/C 390/05)
The European Union Guidelines for State aid in the agricultural and forestry sectors and in rural areas 2014 to 2020 (1) are amended as follows:
(1) |
in point (6), point (a) is replaced by the following:
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(2) |
in point (7), the first sentence is replaced by the following: ‘The CAP is based on two pillars: the first pillar consists of instruments related to the functioning of agricultural markets and the food supply chain (Regulation (EU) No 228/2013, Regulation (EU) No 229/2013, Regulation (EU) No 1308/2013 and Regulation (EU) No 1144/2014) and to direct payments (Regulation (EU) No 1307/2013) conditional upon statutory management requirements, good agricultural and environmental conditions.’; |
(3) |
in point (14), the last sentence is replaced by the following: ‘However, there are various derogations from this general principle which are laid down, amongst others, in Article 23 of Regulation (EU) No 228/2013, Article 17 of Regulation (EU) No 229/2013, Article 13 of Regulation (EU) No 1307/2013, Article 211(2) of Regulation (EU) No 1308/2013 and Article 27 of Regulation (EU) No 1144/2014.’; |
(4) |
in point (26), the fifth and sixth sentences are replaced by the following: ‘If the financial difficulty of an undertaking active in the agricultural and forestry sectors has been caused by the risk event referred to in Sections 1.2.1.2, 1.2.1.3, 1.2.1.5, 2.1.3, 2.8.1 or 2.8.5 of Part II of these Guidelines, aid to compensate for or restore the losses or damage caused by such risk events and to cover the costs of eradication of plant pests can be granted in line with these Guidelines and may be still found compatible with the internal market under Article 107(3)(c) of the Treaty. In addition, for reasons of public health protection and having in mind the emergency situation, no distinction should be made, under certain conditions, as to the economic situation of an undertaking for aid for destruction and removal of fallen stock in Section 1.2.1.4 and for aid for control and eradication measures in the case of animal diseases referred to in point (375) of Section 1.2.1.3 of Part II of these Guidelines.’; |
(5) |
in point (27), the last sentence is replaced by the following: ‘This does not apply to aid to make good the damage caused by natural disasters and exceptional occurrences under Article 107(2)(b) of the Treaty.’; |
(6) |
point (48) is replaced by the following:
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(7) |
in point (52), the eighth sentence is replaced by the following: ‘For example, in the case of an aid scheme for investments which are intended to increase production, and which involve an increased use of scarce resources or an increase in pollution, it will be necessary to show that the scheme will not result in an infringement of the applicable Union legislation, including environmental protection legislation (3), and the Good Agricultural and Environmental Conditions (GAECs) of cross-compliance under Regulation (EU) No 1306/2013. (3) As regards the Union environmental legislation: Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds (OJ L 20, 26.1.2010, p. 7) (“the Birds Directive”); Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (OJ L 206, 22.7.1992, p. 7) (“the Habitats Directive”); Council Directive 91/676/EEC of 12 December 1991 concerning the protection of waters against pollution caused by nitrates from agricultural sources (OJ L 375, 31.12.1991, p. 1) (“the Nitrates Directive”); Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy (OJ L 327, 22.12.2000, p. 1) (“the Water Framework Directive”); Directive 2006/118/EC of the European Parliament and of the Council of 12 December 2006 on the protection of groundwater against pollution and deterioration (OJ L 372, 27.12.2006, p. 19) (“the Groundwater Directive”); Directive 2009/128/EC of the European Parliament and of the Council of 21 October 2009 establishing a framework for Community action to achieve the sustainable use of pesticides (OJ L 309, 24.11.2009, p. 71) (“the Sustainable Use of Pesticides Directive”); Regulation (EC) No 1107/2009 of the European Parliament and of the Council of 21 October 2009 concerning the placing of plant protection products on the market and repealing Council Directives 79/117/EEC and 91/414/EEC (OJ L 309, 24.11.2009, p. 1); Directive 2011/92/EU of the European Parliament and of the Council of 13 December 2011 on the assessment of the effects of certain public and private projects on the environment (OJ L 26, 28.1.2012, p. 1) (“the Environmental Impact Assessment Directive”); and where applicable Directive 2001/42/EC of the European Parliament and of the Council of 27 June 2001 on the assessment of the effects of certain plans and programmes on the environment (OJ L 197, 21.7.2001, p. 30) (“the Strategic Environmental Assessment Directive”).’;" |
(8) |
in point (75):
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(9) |
in point (93), the first sentence is replaced by the following: ‘Member States may fix the aid amount for the measures or types of operations referred to in Sections 1.1.5, 1.1.6, 1.1.7, 1.1.8, 2.2, 2.3, 3.4 and 3.5 of Part II of these Guidelines on the basis of standard assumptions of additional costs and income foregone.’; |
(10) |
point (138) is replaced by the following:
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(11) |
point (140) is replaced by the following:
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(12) |
point (177) is replaced by the following:
(4) Council Regulation (EC) No 1217/2009 of 30 November 2009 setting up a network for the collection of accountancy data on the incomes and business operation of agricultural holdings in the European Union (OJ L 328, 15.12.2009, p. 27)." (5) Commission Implementing Regulation (EU) 2015/220 of 3 February 2015 laying down rules for the application of Council Regulation (EC) No 1217/2009 setting up a network for the collection of accountancy data on the incomes and business operation of agricultural holdings in the European Union (OJ L 46, 19.2.2015, p. 1).’;" |
(13) |
point (230) is replaced by the following:
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(14) |
point (255) is replaced by the following:
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(15) |
in point (282)(b), point (iv) is replaced by the following:
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(16) |
point (296) is replaced by the following:
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(17) |
point (302) is replaced by the following:
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(18) |
point (310) is replaced by the following:
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(19) |
point (311) is replaced by the following:
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(20) |
point (334) is replaced by the following:
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(21) |
in point (347), the reference to ‘point (35).31’ is replaced by a reference to ‘point (35).34’; |
(22) |
in point (374), the first sentence is replaced by the following: ‘In the case of prevention measures (i.e. measures regarding an animal disease or plant pest that has not yet occurred), the aid may cover the following eligible costs:’; |
(23) |
in point (375), the first sentence is replaced by the following: ‘In the case of control and eradication measures (i.e. measures regarding animal diseases for which a competent authority has formally recognised an outbreak, or plant pests for which a competent authority has formally acknowledged their presence), the aid may cover the following eligible costs:’; |
(24) |
in point (454), the following sentence is added: ‘The promotion activity may be implemented in the internal market and in third countries.’; |
(25) |
point (456) is replaced by the following:
(6) Regulation (EU) No 1169/2011 of the European Parliament and of the Council of 25 October 2011 on the provision of food information to consumers, amending Regulations (EC) No 1924/2006 and (EC) No 1925/2006 of the European Parliament and of the Council, and repealing Commission Directive 87/250/EEC, Council Directive 90/496/EEC, Commission Directive 1999/10/EC, Directive 2000/13/EC of the European Parliament and of the Council, Commission Directives 2002/67/EC and 2008/5/EC and Commission Regulation (EC) No 608/2004 (OJ L 304, 22.11.2011, p. 18).’;" |
(26) |
point (465) is replaced by the following:
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(27) |
in point (466)(b), the following sentence is added: ‘The reference to the origin must not be discriminatory, must not aim at encouraging the consumption of the agricultural product on the sole ground of its origin, must respect the general principles of Union law and must not amount to a restriction of the free movement of agricultural products in breach of Article 34 of the Treaty.’; |
(28) |
point (468) is replaced by the following:
(7) Case T-139/09, France v. Commission, ECLI:EU:T:2012:496.’;" |
(29) |
the title after point (469) is replaced by the following: ‘Aid for promotion measures referred to in Article 45 of Regulation (EU) No 1308/2013’; |
(30) |
point (470) is replaced by the following:
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(31) |
point (482) is replaced by the following:
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(32) |
point (483) is replaced by the following:
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(33) |
point (535) is replaced by the following:
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(34) |
point (537) is replaced by the following:
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(35) |
point (584) is replaced by the following:
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(36) |
point (585) is replaced by the following:
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(37) |
point (586) is replaced by the following:
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(38) |
point (587) is replaced by the following:
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(39) |
point (588) is replaced by the following:
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(40) |
point (594) is replaced by the following:
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(41) |
the following point (594a) is inserted:
(9) This approach is required under the principles of Integrated Pest Management in Directive 2009/128/EC establishing a framework for Community action to achieve the sustainable use of pesticides.’;" |
(42) |
point (619) is replaced by the following:
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(43) |
in point (635), the first sentence is replaced by the following: ‘Unless specified otherwise, the eligible costs for investment aid measures falling within the scope of Chapter 3 of Part II of these Guidelines must be limited to the following costs:’; |
(44) |
in point (638), the first sentence is replaced by the following: ‘Unless specified otherwise, the aid intensity must not exceed:’; |
(45) |
in point (638)(f), the reference to ‘point (35).’ is replaced by a reference to ‘point (35).31’; |
(46) |
point (686)(b)(iv) is replaced by the following:
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(47) |
point (722) is deleted. |