Euro exchange rates (1)

1 December 2006

(2006/C 293/01)

1 euro=

(1)  

Source: reference exchange rate published by the ECB.

Summary information communicated by Member States regarding State aid granted under Commission Regulation (EC) No 1/2004 of 23 December 2003 on the application of Articles 87 and 88 of the EC Treaty to State aid to small and medium-sized enterprises active in the production, processing and marketing of agricultural products.

(Text with EEA relevance)

(2006/C 293/02)

Aid No: XA 86/06

Member State: Spain

Region: Navarre

Title of aid scheme or name of company receiving an individual aid: Aid for 2006 towards investment by bodies, as part of a partnership arrangement, in agricultural holdings for the purpose of purchasing machinery

Legal basis: Orden foral del consejero de agricultura, ganaderia y alimentacion, por la que se aprueba la convocatoria y las bases reguladoras de ayudas a las inversiones en explotaciones agrarias para la compra de maquinaria realizadas por entidades en régimen asociativo, para el año 2006

Annual expenditure planned under the scheme or overall amount of individual aid granted to the company: EUR 350 001 for the 2006 financial year

Maximum aid intensity: Aid of up to 35 % of the value of the investment for acquiring new machinery

Aid of up to 30 % of the value of the investment for acquiring used goods

Date of implementation: September 2006

Duration of aid scheme or individual aid award: December 2006

Objective of aid: 1) To increase the efficiency of farming operations via the use of high-capacity agricultural machinery. 2) To enhance the use of machinery which, as applicable, has new-design engines or engines with greater fuel efficiency. 3) To ensure that reliable, high-technology machinery is introduced which is suitable for meeting the requirements of modern agriculture. Article 4: investment in agricultural holdings. Eligible costs: those relating to the purchase of agricultural machinery.

Sector(s) concerned: Crop production

Name and address of the granting authority:

Web address: www.navarra.es

Other information: Pamplona, 11 August 2006

Aid number: XA 84/06

Member State: France

Region: Department of Seine-Maritime

Title of aid scheme: Aid for pilot sites for barn hay solar drying installations

Legal basis:

Annual expenditure planned under the scheme: EUR 250 000

Maximum aid intensity: 40 % of eligible investments

Date of implementation: From receipt of the acknowledgement of receipt from the European Commission

Duration of scheme: Three years starting from the setting up of the scheme

Objectives of aid: In order to better meet its sustainable development objectives, the Conseil général aims to increase the utilisation of grass by means of a pilot scheme for the solar drying of barn hay. To this end, it intends to finance pilot projects to constitute a reference network to verify the technical and economic benefits of such installations.

These projects will be based around the use of solar energy, which appears to be the most attractive technology from an economic and environmental point of view since it entails a sustainable use of resources.

Given the risk of rain in Seine-Maritime in the days following the harvesting of fodder, barn drying is greatly preferable to open air drying.

Under these projects, after cutting, the grass will be placed in drying installations, where solar energy-heated hot air will be blown from the bottom of the installations over the grass, using roof-mounted equipment. After several hours, the hay attains the degree of dryness that is best for storage (whereas grass that does not undergo this kind of treatment remains moist, producing poor quality hay with a high level of cellulose).

The environmental benefit of the project is enhanced by the fact that such investments encourage regrassing, which makes it possible to reduce run-off and the resulting investments required to combat this problem.

Sector(s) concerned: Grass production

Name and address of the granting authority:

Address of website: http://www.seinemaritime.net, rubrique ‘guide des aides’

The description, the draft of which is enclosed, will be uploaded once this exemption form is registered by the European Commission and the scheme is validated by the department's standing committee.

XA Number: XA 85/06

Member State: Austria

Region: Styria

Title of aid scheme or name of company receiving individual aid: Special guidelines on the granting of a contribution towards insurance premiums for cover against storm damage to greenhouses used for agricultural purposes

Legal basis: Sonderrichtlinie für die Gewährung eines Zuschusses zu den Versicherungsprämien zum Schutz vor Sturmschäden an Gewächshäusern in der Landwirtschaft

Annual expenditure planned under the scheme or overall amount of individual aid granted to the company: Total annual costs not exceeding EUR100 000; average aid per enterprise will be EUR 400.

Maximum aid intensity: 50 % of the insurance premium.

Date of implementation: After notification of the aid under the block exemption regulation.

Duration of scheme or individual aid award: Duration is limited to the period of validity of Regulation (EC) No 1/2004 (date of submission of application). If the period of validity of Regulation (EC) No 1/2004 is extended, the duration of the scheme will be extended by the same amount.

Objective of aid: Aid in accordance with Article 11 of Regulation (EC) No 1/2004

In order to ensure the continuance and development of efficient agriculture in Styria, the Province of Styria is granting contributions for insurance against the risk of agricultural production losses due to storm damage to greenhouses.

In accordance with these principles, the contribution towards insurance premiums for cover against storm damage to greenhouses is intended in particular to cover the risks of agricultural production losses due to storm damage, including risks to livelihood resulting from major damage. The contributions towards insurance premium costs are intended to provide farmers with an incentive to take out such insurance cover against natural disasters.

Sector(s) concerned: Crop growing, fruit growing

Name and address of the granting authority:

Website: www.verwaltung.steiermark.at

Summary information communicated by Member States regarding State aid granted under Commission Regulation (EC) No 1/2004 of 23 December 2003 on the application of Articles 87 and 88 of the EC Treaty to State aid to small and medium-sized enterprises active in the production, processing and marketing of agricultural products.

(Text with EEA relevance)

(2006/C 293/03)

XA-Number: XA 90/06

Member State: Austria

Region: Burgenland

Title of aid scheme: Guidelines concerning the provision of guarantees for credit and loans to small and medium-sized enterprises active in the production, processing and marketing of agricultural products under the law of 24 March 1994, published in Burgenland's provincial law gazette No 33/1994, on measures to encourage economic development in Burgenland (Landes-Wirtschaftsförderungsgesetz 1994 — WiföG)

Legal basis: Gesetz vom 24. März 1994 über Maßnahmen zur Gewährleistung der wirtschaftlichen Entwicklung im Burgenland (Landes-Wirtschaftsförderungsgesetz 1994 — WiföG), LGBl. Nr. 33/1994, in der Fassung des Gesetzes LGBl. Nr. 64/1998.

Annual expenditure planned under the scheme: Year 2006: Liability limit in EUR: 500 000

Maximum aid intensity: The grant equivalent of the guarantee is calculated using the evaluation method laid down in the Commission Notice on the application of Articles 87 and 88 of the EC Treaty to State aid in the form of guarantees (OJ C 71 of 11 March 2000, p. 14).

The amount of the guarantee is in principle 50 % of principal plus interest. In cases where Burgenland has a particular interest in the implementation of the project, the amount of the guarantee can be up to a maximum of 75 %.

The calculated grant equivalent of the liability has to be considered in conjunction with other aid measures, in which case the following ceilings apply:

Nordburgenland: 30 %

Mittelburgenland: 35 %

Südburgenland: 35 %

Premiums of +15 % can be awarded.

The level of support is subject to the limit set by Regulation (EC) No 1/2004.

Date of implementation: The aid may be awarded once the scheme has been published in the Burgenland official gazette. Such publication is planned at the earliest for 10 working days after notification of this summary.

Duration of scheme: This scheme is valid until 31 December 2006.

Objective of aid: To improve the regional economic infrastructure of SMEs engaged exclusively in the processing and marketing of agricultural products.

The main focus of the scheme is on:

special aid for enterprises which place a strong emphasis on growth

making companies in Burgenland more internationally-oriented.

encouraging small-scale projects by such companies that show good signs of growth or which are expected to add value in the long term.

The only costs which are eligible are those which fall under the following articles:

Article 7 — investment in processing and marketing

Article 14 — provision of technical support in the agricultural sector

Sector(s) concerned: This scheme covers all economic sectors involved in the processing and marketing of agricultural products, except the tourism and leisure sector and primary agricultural and forestry production.

Name and address of the granting authority:

Internet Address: www.wibag.at

XA-number: XA 98/06

Member State: France

Region: Languedoc-Roussillon

Title of aid scheme: Programme d'appui à la création et à la transmission des exploitations en agriculture (PACTE-agriculture): volet investissements matériels — (PACTE-agriculture: aid programme for the creation and transfer of agricultural holdings, material investment

Legal Basis:

Annual expenditure planned under the scheme: EUR 670 000

Maximum Aid Intensity: The aid scheme will take the form of overall support for set-up plans submitted by candidates — whether outside or within a farming family structure (duly substantiated (1)) — who are setting up their first holding, are under 40, already have or are in the process of acquiring the requisite professional capacity, and who are submitting a viable plan in the Languedoc-Roussillon region.

PACTE-agriculture requires signature of a global installation contract, which includes, in particular,

aid of 30 % for investments over EUR 15 000 excluding tax up to a ceiling of EUR 4 600

a repayable advance of 35 % for investments under EUR 15 000

Technical and financial monitoring is implemented across the board.

Date of implementation: Following acknowledgement of receipt by the European Commission.

Duration of scheme: Unlimited, subject to budget resources

Objective of aid: The objective is, in accordance with Articles 4 and 8 of the Regulation (EC) No 1/2004, to encourage the creation of small and medium agricultural enterprises in the region by young farmers starting up. The region hopes in this way to ease the generational transition in agriculture by maintaining the number of active farmers and thus boosting the local economy. With agriculture employing 6 % of the working population in the area, it is an economic sector to be sustained and developed. PACTE-agriculture will support competitiveness in rural areas and will therefore contribute to maintaining and creating jobs in these areas.

The investment section of PACTE-agriculture aims to sustain the financial start-up of holdings by allowing investment in heavy equipment necessary for installation purposes.

PACTE-agriculture's conditions of access are defined by the national criteria for access to installation aid. In this way, assistance from the State and the Regional Council will be harmonised.

For investment aid over EUR 15 000 the conditions outlined in scheme N 184/2003 notified by France will be respected.

Material investments less than EUR 15 000 are key to installation and designed to improve working conditions on the holding. Aid will take the form of a repayable advance, of which the grant equivalent will be at most EUR 190. Failure to repay the advance will lead to the regional authority ordering full repayment of aid received under PACTE-agriculture.

Systematic checking of each application is implemented with the DDAFs (Departmental Agriculture and Forestry Directorates) in order to avoid any double-funding, in particular for investment aid. In this way, if an investment aid application is made to the State for an amount higher than 15 000 under the PIDIL programme, any application for an equivalent amount of aid under PACTE-agriculture will be rejected, and vice versa.

Sectors(s) concerned: All of the candidates for installation in the Languedoc-Roussillon region, all areas and all production sectors.

Name and address of the granting authority:

Internet address: www.cr-languedocroussillon.fr

(1)  The relevant situation is that before the holding is taken over. If the farm has not attained the viability criteria before this but the candidate demonstrates that modernisation/adaptation/enlargement will allow these criteria to be achieved within three years, viability will be deemed to be achievable.

Authorisation for State aid pursuant to Articles 87 and 88 of the EC Treaty

Cases where the Commission raises no objections

(Text with EEA relevance)

(2006/C 293/04)

The authentic text(s) of the decision, from which all confidential information has been removed, can be found at:

http://ec.europa.eu/community_law/state_aids/

The authentic text(s) of the decision, from which all confidential information has been removed, can be found at:

http://ec.europa.eu/community_law/state_aids/

The authentic text(s) of the decision, from which all confidential information has been removed, can be found at:

http://ec.europa.eu/community_law/state_aids/

The authentic text(s) of the decision, from which all confidential information has been removed, can be found at:

http://ec.europa.eu/community_law/state_aids/

The authentic text(s) of the decision, from which all confidential information has been removed, can be found at:

http://ec.europa.eu/community_law/state_aids/

STATE AID — UNITED KINGDOM

State aid No C 37/06 (ex NN 91/05)

Fishing Vessel Modernisation Scheme

Invitation to submit comments pursuant to Article 88(2) of the EC Treaty

(Text with EEA relevance)

(2006/C 293/05)

By means of the letter dated 13 September 2006 reproduced in the authentic language on the pages following this summary, the Commission notified the United Kingdom of Great Britain and Northern Ireland of its decision to initiate the procedure laid down in Article 88(2) of the EC Treaty concerning the abovementioned aid.

Interested parties may submit their comments within one month of the date of publication of this summary and the following letter, to:

These comments will be communicated to the United Kingdom of Great Britain and Northern Ireland. Confidential treatment of the identity of the interested party submitting the comments may be requested in writing, stating the reasons for the request.

SUMMARY

In June 2004 the Commission was informed of aid granted by the Shetland Islands Council, the public authority in the Shetland Islands of the United Kingdom, to the fisheries sector which possibly concerned illegal State aid.

Under the Fishing vessel Modernisation Scheme aid was granted for the modernisation of fishing vessels, related to a major improvement like for example better storage of catches, replacement of the engine, improvements in working conditions or to crew safety, up to 10 % of the total cost of the improvement project, with a maximum of GBP 40 000 per vessel. Improvement projects which exceeded 50 % of the costs of a new vessel of the same type were not eligible, as well as works to vessels of less than five years old.

According to Article 88 (3) of the EC Treaty Member State have to inform the Commission of any plans to grant or alter aid. According to the United Kingdom, the scheme has been applied from at least the 1980's until 14 January 2005. However, the United Kingdom was not been able, due to the absence of past records, to provide evidence that the aid measures existed already before the United Kingdom joined the union and thus would have to be regarded as existing aids. Moreover, the United Kingdom has confirmed to have altered the aids over the years without notification to the Commission, as result of which the aid measure has to be considered as new aid.

Council Regulation (EC) No 659/1999 (1) does not lay down any limitation period for the examination of unlawful aid. However, Article 15 of that Regulation stipulates that the powers of the Commission to recover aid is subject to a limitation period of ten years, that the limitation period begins on the day on which the aid is awarded to the beneficiary and that that limitation period is interrupted by any action taken by the Commission. Consequently, the Commission considers that it is not necessary in this case to examine the aid granted more than ten years before any measure taken by the Commission concerning it. The Commission considers that the limitation period was interrupted by its request for information sent to the United Kingdom on 24 August 2004. Accordingly, the limitation period applies to aid granted to beneficiaries before 24 August 1994 and the Commission assesses below only aid granted by decisions taken between 24 August 1994 and 14 January 2005. According to the information available to the Commission. From 1994 to 14 January 2005 approximately GBP 11 673 514 appears to have been granted under the scheme.

The measures appear to be State aid in the sense of Article 87 of the EC Treaty. State aid can be declared compatible with the common market if it complies with one of the exceptions foreseen in the EC Treaty. State aid to the fisheries sector may be deemed to be compatible with the common market if they comply with the conditions of Guidelines for the examination of State aid to fisheries and aquaculture applicable at the time of granting of the aid (2).

The Guidelines refer to the conditions of Regulation (EC) No 3699/93 respectively Regulation (EC) No 2792/1999. According to Regulation (EC) No 3699/93 eligible investments shall relate in particular to the improvement of the quality of products caught and preserved on board, the use of better fishing and preserving techniques and the implementation of legal and regulatory provisions regarding health or improvement of working conditions and safety, and/or equipment on board vessels to monitor fishing activities. The operations may cover only vessels less than 30 years old, unless it concerns investments related to the improvement of working conditions and safety or equipment on board vessels to monitor fishing activities.

Under Regulation (EC) No 2792/1999, applicable to existing aid schemes as from 1 July 2001, any entry of new capacity should be compensated by the withdrawal of a capacity without public aid which is at least equal to the new capacity introduced in the segments concerned. Moreover, until 31 December 2001, if the objectives for the size of the fleet were not yet respected, the withdrawal of capacity should at least be 30 % more than the new capacity introduced. Aid may only be granted where the Member State has complied with its obligations under the Multi-annual Guidance Programme (MAGP) as required under Article 5 of that Regulation. Finally, Article 9 of the respective Regulation provides that the aid for the modernisation of fishing vessels can be granted only if the aid does not concern capacity in terms of tonnage or power.

At this stage of the examination the part of the aid granted for modernisation of fishing vessels seems not to comply with the conditions of Article 9 of Regulation (EC) No 2792/1999. Therefore, the Commission has, at this stage, serious doubts on the compatibility of the scheme with the conditions as applicable from 1 July 2001.

In accordance with Article 14 of Council Regulation (EC) No 659/1999, all unlawful aid can be subject to recovery from the recipient.

TEXT OF LETTER

(1)  Council Regulation (EC) No 659/1999 of 22 March 1999 laying down detailed rules for the application of Article 93 of the EC Treaty, OJ L 83, 27.3.1999, p. 1. Regulation as amended by the Act of Accession of 2003.

(2)  OJ C 260, 17.9.1994, p. 3; OJ C 100, 27.3.1997, p. 12 and OJ C 19, 20.1.2001, p. 7; OJ C 229, 14.9.2004, p. 5.

(3)  Council Regulation (EC) No 659/1999 of 22 March 1999 laying down detailed rules for the application of Article 93 of the EC Treaty, OJ L 83, 27.3.1999, p. 1. Regulation as amended by the Act of Accession of 2003.

(4)  OJ C 229, 14.9.2004, p.5

(5)  OJ C 260, 17.9.1994, p. 3; OJ C 100, 27.3.1997, p. 12 and OJ C 19, 20.1.2001, p. 7; OJ C 229, 14.9.2004, p.5.

(6)  Council Regulation (EC) 3699/93 of 21 December 1993 laying down the criteria and arrangements regarding Community structural assistance in the fisheries and aquaculture sector and the processing and the marketing of its products, OJ L 346, 31.12.1993, p. 1.

(7)  Council Regulation (EC) No 2792/1999 of 17 December 1999 laying down the detailed rules and arrangements regarding Community structural assistance in the fisheries sector OJ L 337, 30.12.1999, p. 10, as last amended by Regulation (EC) No 485/2005, OJ L 81, 30.3.2005, p. 1.

(8)  OJ L 358, 31.12.2002, p. 49.

(9)  OJ L 260, 6.8.2004, p. 1.

Prior notification of a concentration

(Case COMP/M.4491 — DHC/KP1)

Candidate case for simplified procedure

(Text with EEA relevance)

(2006/C 293/06)

(1)  OJ L 24, 29.1.2004, p. 1.

(2)  OJ C 56, 5.3.2005, p. 32.