Legalize / European Union / Regulation

Commission Regulation (EC) No 794/2004 of 21 April 2004 implementing Council Regulation (EC)No 659/1999 laying down detailed rules for the application of Article 93 of the EC Treaty

Type Regulation

Publication 2004-04-30

Last updated 2025-08-13

State In force

Department European Commission

Source EUR-Lex

articles 15

Reform history JSON API

2.5.10.In case the geographic market is global, in order to assess the performance of the product market affected by the aid, please provide information on the effect of the aid on the market structures concerned, in particular, its potential to crowd out producers in the EEA:

2.5.11.Please provide information, and supporting evidence, on the relevant geographical market of the beneficiary.

2.5.12.Please specify all the product(s) that will be produced upon the completion of the investment and indicate, where appropriate, the NACE code or CPA nomenclature:

2.5.13.Please indicate whether the product(s) envisaged by the project will replace any other products produced by the beneficiary (at group level):

□yes □no

If the answer is yes, please specify the product(s) which will be replaced. If these replaced products are not produced at the location of the project, indicate where they are currently produced. Please provide a description of the link between the replaced production and the current investment and give a time schedule for the replacement:

2.5.14.Please indicate what other product(s) can be produced with the same new facilities (through flexibility of the production installation of the beneficiary) at little or no additional cost:

2.5.15.Please explain whether the project concerns an intermediate product and whether a significant part of the output is sold otherwise than on the market (under market conditions). Based on the above explanation, for the purpose of calculating the market share and capacity increase in the remainder of the section, please indicate whether the product concerned is the product envisaged by the project or whether it is a downstream product.

2.5.16.In order to assess the market power of the beneficiary, please provide the following information on the beneficiary’s market position (over a period of time before receiving the aid and the expected market position after finalising the investment):

(a) an estimate of all sales (in value and volume terms) of the aid recipient in the relevant market (at group level): …

(b) an estimate of the overall sales of all producers in the relevant market (in volume and value terms). If available, include statistics prepared by public and/or independent sources: …

2.5.17.Please provide information on the market shares of the beneficiary, as well as of the market shares of its competitors:

2.5.18.Please provide an assessment of the structure of the relevant market including, for example, the level of concentration in the market, possible barriers to entry, buyer power and barriers to expansion or exit. Please provide evidence, from an independent third party if possible, to support your conclusions on this point.

2.6. Weighting up the positive and negative effects of the aid (balancing test))

To provide the information in this section, please refer to section 3.2.6 (points (125)–(138)) of the Guidelines.

The Commission assesses whether the positive effects of the aid measure outweigh the identified negative effects on competition and trading conditions. The Commission may conclude on the compatibility of the aid measure with the internal market only where the positive effects outweigh the negative ones. In cases where the proposed aid measure does not address a well-identified market failure in an appropriate and proportionate way, the negative distortive effects on competition will tend to outweigh the positive effects of the measure, hence the Commission is likely to conclude that the proposed aid measure is incompatible with the internal market.

Pursuant to point (138) of the Guidelines, for aid categories in Part I, Chapter 2, Sections 2.1.2, 2.2 and point (24) of Section 2.3 and Part II, Chapter 2, Section 2.1 and Section 2.3 and Chapter 3 of the Guidelines, the Commission will balance the identified negative effects on competition and trading conditions of the aid measure with the positive effects of the planned aid on the supported economic activities, including its contribution to the objectives of the CFP, including the objectives of the EMFAF.

2.6.1.Please specify the positive and negative impacts of the aid on the achievement of the objectives of the Common Fisheries Policy (CFP) set out in Article 2 of Regulation (EU) No 1380/2013 of the European Parliament and of the Council ([^E0660]) and of Regulation (EU) 2021/1139:

2.6.2.Will the aid contravene the objective that fishing and aquaculture activities are environmentally sustainable in the long-term and managed in a way that is consistent with the objectives of achieving economic, social and employment benefits and of contributing to the availability of food supply (Article 2(1) of Regulation (EU) No 1380/2013)?

□yes □no

Please justify your assessment:

2.6.3.Will the aid contravene the objective to ensure coherence with Union environmental legislation (Article 2(5), point (j), of Regulation (EU) No 1380/2013).

□yes □no

Please justify your assessment:

If your answer is yes to question 2.6.2 or question 2.6.3 above, please note that pursuant to point (127) of the Guidelines, measures that contravene any of those objectives are unlikely to create positive effects for the CFP and may have negative effects on competition and trade because of the limited resources for which undertakings in the sector are competing. This will render a positive balancing for such measures unlikely.

2.6.4.Pursuant to points (127) and (134) of the Guidelines, please provide information on the impact of the aid on any risk of fishing capacity enhancement of the concerned vessels and the fleet (in kW or GT), on overfishing or displacement of fishing efforts that could lead to such overfishing, as well as on the balance between the fishing capacity and the available fishing opportunities:

Please note that pursuant to point (134) of the Guidelines, aid that contributes to fishing capacity enhancement or results in overfishing or displacement of fishing efforts will likely undermine the objectives of the CFP. Taking into account the legal and economic context of the fisheries sector, where undertakings are competing for limited resources, measures with such effects that are in principle considered to be harmful are unlikely to result in a positive result of the balancing exercise.

2.6.5.Does the aid fulfil the conditions laid down in the following sections of the Guidelines?

□ aid for categories of measures covered by Regulations on bock exemption (Part I, Chapter 2, Section 2.3);

□ aid to make good the damage caused by natural disasters or exceptional occurrences (Part II, Chapter 1, Section 1.1);

□ aid to make good the damage caused by adverse climatic events which can be assimilated to a natural disaster (Part II, Chapter 1, Section 1.2);

□ aid for the costs of prevention, control and eradication of animal diseases in aquaculture and of infestations by invasive alien species, and aid to make good the damage caused by those animal diseases and infestations (Part II, Chapter 1, Section 1.3);

□ aid to make good the damage caused by protected animals (Part II, Chapter 1, Section 1.4);

□ aid for investments to prevent and mitigate the damage caused by risk events (Part II, Chapter 1, Section 1.5);

□ aid for the renewal of the fishing fleet in outermost regions (Part II, Chapter 2, Section 2.2).

Please note that pursuant to point (128) of the Guidelines, due to its positive effects on the development of the fishery and aquaculture sector, the Commission considers that for aid fulfilling the conditions laid down in Part I, Chapter 2, Section 2.3, Part II, Chapter 1, Sections 1.1, 1.2 1.3, 1.4 and 1.5, and Part II, Chapter 2, Section 2.2, the negative effect on competition and trade between Member States is limited to the minimum.

2.6.6.Is the aid co-financed under the EMFAF?

□yes □no

Please note that pursuant to point (129) of the Guidelines, the Commission consider that the related positive effects have been established, with respect to State aid which is co-financed under the EMFAF.

2.6.7.Does the aid contribute to conservation policy objective(s) by phasing out derogations currently permitted under CFP rules (e.g., derogations from the landing obligation)?

□yes □no

If the answer is yes, please refer to the CFP rules permitting the derogation and explain how the aid contributes to the CFP’s conservation objectives?

Pursuant to point (130) of the Guidelines, aid that contributes to conservation policy objectives by phasing out derogations currently permitted under CFP rules, such as derogations from the landing obligation, will be considered to have a positive effect for the objectives of the CFP.

2.6.8.Does the aid support environmental policy objectives that can be linked to any of the following conservation effort(s) by:

□ contributing to the good environmental status, as set out in Article 1(1) of Directive 2008/56/EC of the European Parliament and of the Council ([^E0661]);

□ implementing and monitoring marine protected areas, in accordance with Directive 2009/147/EC of the European Parliament and of the Council ([^E0662]), Council Directive 92/43/EEC ([^E0663]) and Directive 2008/56/EC;

□ implementing actions contributing to restoring river continuity under Directive 2000/60/EC of the European Parliament and of the Council ([^E0664]);

□ implementing actions related to Directive (EU) 2019/904 of the European Parliament and of the Council ([^E0665]) for fishing gears/plastic;

□ putting in place priority action framework measures for Natura 2000 sites ([^E0666]).

Please provide information on the conservation effort.

Pursuant to point (131) of the Guidelines, the Commission considers that the above listed aids positively contribute to the objectives of the CFP.

2.6.9.Is the aid granted in favour of investments?

□yes □no

If the answer is yes, please provide information under Article 3 of Regulation (EU) 2020/852 of the European Parliament and of the Council ([^E0667]) (criteria for environmentally sustainable economic activities), including as regards the ‘Do no significant harm’ principle, or other comparable methodologies (such as the ecosystem-based approach applied to the management of marine fisheries in line with Article 2(3) of Regulation (EU) No 1380/2013).

2.6.10.Does the aid bring about other positive effect?

□yes □no

If the answer is yes, please indicate which Union policy it reflects:

□ European Green Deal (COM/2019/640 final)

□ Sustainable blue economy (COM/2021/240 final)

□ Farm to Fork Strategy (COM/2020/381final)

□ Circular Economy Action Plan (COM/2020/98 final).

□ Biodiversity Strategy (COM/2020/380 final)

□ EU Action Plan: ‘Towards Zero Pollution for Air, Water and Soil’ (COM/2021/400 final)

□ EU Strategy on adaptation to climate change (COM/2013/0216 final and COM/2021/82 final)

□ Energy efficiency considerations, in particular concerning the first principle of energy efficiency ([^E0668])

□ the initiative on Shaping Europe’s Digital Future Communication (COM/2020/67 final)

□ Other (please specify): …

Please provide further details on the positive effect of aid and explain how is the aid aligned with the Union policy(ies) indicated above:

2.6.11.Does the measure constitute aid:

□ that increase the fishing capacity of a fishing vessel;

□ for the acquisition of equipment that increase the ability of a fishing vessel to find fish;

□ for the construction, acquisition or importation of fishing vessels;

□ for the transfer or reflagging of fishing vessels to third countries, including through the creation of joint ventures with partners of third countries;

□ for the temporary cessation of fishing activities;

□ for the permanent cessation of fishing activities;

□ for exploratory fishing;

□ for the transfer of ownership of a business;

□ for the direct restocking, except as the case may be in the case of experimental restocking;

□ for the construction of new ports or new auction halls, with the exception of new landing sites;

□ for market intervention mechanisms aiming to temporarily or permanently withdraw fishery or aquaculture products from the market with a view to reducing supply in order to prevent price decline or to drive prices up that do not comply with Articles 30 and 31 Regulation (EU) No 1379/2013 of the European Parliament and of the Council ([^E0669]);

□ for investments on board fishing vessels necessary to comply with the requirements under Union law in force at the time of submission of the application for aid, including requirements under the Union’s obligations in the context of regional fisheries management organisations;

□ for investments on board fishing vessels that have carried out fishing activities for less than 60 days in the two calendar years preceding the year of submission of the application for aid;

□ for the replacement or modernisation of a main or ancillary engine of a fishing vessel.

Please note that the above types of aid measures are in principle considered to be harmful, therefore pursuant to point (135) of the Guidelines, with the exception of aid provided for explicitly in the Guidelines, the balancing test is unlikely to be positive with regard to the above types of aid measures.

If you marked a box relating to any of the above aid categories, please explain under which section of the Guidelines such aid is provided for:

2.6.12.Please confirm whether the aid measure includes the following conditions:

(a) □safeguards ensuring that the applicant for State aid, or if no application is required an equivalent act, provides that the beneficiary undertaking, complies with the rules of the CFP and continue to do so throughout the period of implementation of the project (‘grant period’) and for a period of five years after the final payment of the aid to the undertaking;

(b) □provide that a beneficiary undertaking becomes inadmissible to apply for aid where during the grant period and for a period of five years after the final payment, the beneficiary undertaking
□ has not complied with the rules of the CFP; or
□ where the application for aid is submitted under Articles 32 to 39 of Regulation (EU) 2022/2473: beneficiary undertaking committed one or more of the environmental offences laid down in Articles 3 and 4 of Directive 2008/99/EC of the European Parliament and of the Council ([^E0670]), as determined by the competent national authority

If you confirmed the above conditions, please indicate whether in those cases the beneficiary must reimburse the aid in proportion to the non-compliance or offence:

□yes □no

Please specify the criteria according to which the national authorities will establish the proportionality to the non-compliance or offence:

Please note that pursuant to point (136) of the Guidelines, the balancing test is unlikely to be positive with regard to aid measures that do not include the above conditions. Pursuant to point (137) of the Guidelines, only two exceptions are allowed.

In case you have not included the above conditions ((a) and (b)) for the aid measure, please confirm whether the aid meets the specific conditions for:

□ aid to make good the damage caused by natural disasters or exceptional occurrences (set out in Part II, Chapter 1, Section 1.1 of the Guidelines);

□ aid for the costs of prevention, control and eradication of animal diseases in aquaculture (set out in Part II, Chapter 1, Section 1.3 of the Guidelines).

2.7. Other information

Horizontal and other aid instruments applicable to the fishery and aquaculture sector

To provide the information in this section, please refer to Part I, Section 2.2 (points (8), (20)-(22)) of the Guidelines.

To all aid granted to the fishery and aquaculture sector, the Guidelines apply pursuant to point (8) thereof. This includes the components of regional aid that relate to the fishery and aquaculture sector. They also apply to all other aid that is granted to the fishery and aquaculture sector within the framework of the European Union funds.

The horizontal guidelines and other instruments include the Criteria for the analysis of the compatibility of State aid for training subject to individual notification ([^E0671]), the Guidelines on State aid to promote risk finance investments ([^E0672]), the Framework for State aid for research and development and innovation ([^E0673]), Guidelines on State aid for climate, environmental protection and energy 2022 ([^E0674]), the Guidelines on State aid for rescuing and restructuring non-financial undertakings in difficulty ([^E0675]), the State aid rules for the deployment of broadband networks ([^E0676]) and the Criteria for the compatibility analysis of State aid to disadvantaged and disabled workers subject to individual notification ([^E0677]). The Guidelines on regional State aid for 2022-2027 ([^E0678]) do not apply to the fishery and aquaculture sector, save where State aid is granted in that sector as part of a horizontal regional operating aid scheme.

Where aid falls under a horizontal or other aid instruments, the Commission will assess such aid on the basis of the principles set out in the relevant Sections of those horizontal and other State aid instruments jointly with the conditions set out in Part I, Chapter 3, Section 3.1.3 and Section 3.2.6, of the Guidelines. Please fill in Sections 1.3 and 2.6 of this general information sheet and, in addition, please fill in and attach to your notification the other forms applicable to those horizontal guidelines or instruments.

2.7.1.Does the aid fall within the scope of certain horizontal guidelines or other instruments adopted by the Commission?

□yes □no

If the answer is yes, please indicate the relevant horizontal guidelines or instruments and the relevant provisions of those acts and demonstrate that the aid fulfils all the criteria set out in the relevant provisions of those acts.

Aid for categories of measures covered by Regulations on block exemptions

To provide the information in this section, please refer to Part I, Section 2.3 (points (23)-(25) and (28)) of the Guidelines.

Where aid benefitting SMEs or large enterprises is of the same kind as aid falling within a category of aid that can be considered compatible with the internal market either under Regulation (EU) 2022/2473 or under Commission Regulation (EU) No 651/2014 ([^E0679]), please fill in all sections of Part 1 (First condition) and Part 2 (Second condition) of this general information sheet (from section 1.1 to section 2.6) in addition to this section. Please note that, pursuant to points (23) and (24) of the Guidelines, the Commission will assess such aid taking into account the compatibility assessment under Article 107(3), point (c), of the Treaty (Part I, Chapter 3 of the Guidelines) and the criteria laid down for each category of aid set out in the applicable block exemption regulation.

2.7.2.Is the aid of the same kind as aid falling within a category of aid that can be considered compatible with the internal market under Regulation (EU) 2022/2473?

□yes □no

2.7.3.Is the aid the same kind that could fall under the following Regulation (EU) 2022/2473 articles?

□ aid of the same kind as aid falling within the category of aid to make good the damage caused by natural disasters set out in Article 49 of Regulation (EU) 2022/2473;

For this aid category, please also fill in the specific notification form related to Part II, Chapter 1, Section 1.1, of the Guidelines.

□ aid of the same kind as aid falling within the category of aid to make good the damage caused by adverse climatic events which can be assimilated to a natural disaster set out in Article 51 of Regulation (EU) 2022/2473;

For this aid category, please also fill in the specific notification form related to Part II, Chapter 1, Section 1.2 of the Guidelines.

□ aid of the same kind as aid falling within the category of aid for the costs of prevention, control and eradication of animal diseases set out in Article 42 of Regulation (EU) 2022/2473;

For this aid category, please also fill in the specific notification form related to Part II, Chapter 1, Section 1.3 of the Guidelines.

□ aid of the same kind as aid falling within the category of aid to make good the damage caused by protected animals set out in Article 53 of Regulation (EU) 2022/2473;

For this aid category, please also fill in the specific notification form related to Part II, Chapter 1, Section 1.4 of the Guidelines.

□ aid of the same kind as aid falling within the category of aid to prevent and mitigate the damage caused by animal diseases, natural disasters, adverse climatic events which can be assimilated to a natural disaster and protected animals set out in Articles 43, 48, 50 and 52 of Regulation (EU) 2022/2473;

For this aid category, please also fill in the specific notification form related to Part II, Chapter 1, Section 1.5 of the Guidelines.

□ aid of the same kind as aid falling within the category of aid for the first acquisition of a fishing vessel set out in Article 20 of Regulation (EU) 2022/2473.

For this aid category, please also fill in the specific notification form related to Part II, Chapter 3, Section 3. of the Guidelines.

2.7.4.With regard to other categories of aid under Regulation (EU) 2022/2473, does the aid fulfil all the criteria set out in the relevant article(s) of Regulation (EU) 2022/2473?

□yes □no

If the answer is yes, please indicate the relevant article of Regulation (EU) 2022/2473 and demonstrate compliance with the applicable conditions of Regulation (EU) 2022/2473 for that category of aid:

If the answer is no, please indicate the article of Regulation (EU) 2022/2473 and specify which condition is not complied with and justify the reason for the derogation and demonstrate the indispensability of the aid:

2.7.5.Is the aid of the same kind as aid falling within a category of aid that can be considered compatible with the internal market under Regulation (EU) No 651/2014?

□yes □no

2.7.6.Does the aid fulfil all the criteria set out in the relevant article(s) of Regulation (EU) No 651/2014?

□yes □no

If the answer is yes, please indicate the relevant article of Regulation (EU) No 651/2014 and demonstrate compliance with the applicable conditions of Regulation (EU) No 651/2014 for that category of aid.

If the answer is no, please indicate the article of Regulation (EU) No 651/2014 and specify which condition is not complied with and justify the reason for the derogation and demonstrate the indispensability of the aid.

Aid for other measures

To provide the information in this section, please refer to Part I, Section 2.1.2 (point (13)) of the Guidelines.

2.7.7.Does the aid correspond to one of the types of aid referred to in Part II, Chapters 1, 2 or 3, and Part I, Chapter 2, Sections 2.2 and 2.3, of the Guidelines?

□yes □no

If the answer is yes, please note that the Commission assesses the aid according to the applicable compatibility criteria for that category of aid.

If the answer is no, the aid in principle is not compatible with the internal market. If a Member State nevertheless intends to provide such aid or provides such aid, the Commission will assess it on a case-by-case basis directly on the basis of Article 107(3) of the Treaty, taking into account the rules laid down in Articles 107, 108 and 109 of the Treaty, and by analogy the Guidelines.

To demonstrate that such aid complies with the principles set out in Part I, Chapter 3 of the Guidelines, please fill in all sections of Part 1 (First condition) and Part 2 (Second condition) of this general information sheet (from Section 1.1 to Section 2.6) in addition to this section.

In addition, please provide any other information which clearly demonstrates that the positive effect of the aid outweighs the identified negative effect on competition and trade:

Aid for Northern Ireland

2.7.8.Is the aid to be granted in Northern Ireland?

□yes □no

If the answer is yes, please note that pursuant to point (12) of the Guidelines, for aid to be granted in Northern Ireland, where a measure requires compliance with conditions laid down in Regulation (EU) No 1380/2013 or Regulation (EU) 2021/1139, equivalent information must be provided in the notification to the Commission pursuant to Article 108(3) of the Treaty.

Please include such information in the specific notification form for the concerned aid category.

Aid in favour of undertakings in difficulty

Pursuant to point (10) of the Guidelines, the Commission considers that when an undertaking is in financial difficulty, given that its very existence is in danger, it cannot be considered an appropriate vehicle for promoting other public policy objectives until such time as its viability is assured.

2.7.9.Is the beneficiary/Are beneficiaries undertakings in difficulty?

□yes □no

If the answer is yes, please note that where the beneficiary of the aid is undertaking in difficulty as defined in point (31)(bb) of the Guidelines, the aid will be assessed in accordance with the Guidelines on State aid for rescuing and restructuring firms in difficulty ([^E0680]).

If the answer is no, please provide the reference to the national legal basis concerning this point:

2.7.10.Point (10) of the Guidelines provides certain exceptions from the principle of not providing State aid to undertakings in financial difficulties. Please indicate in the box if any of the exceptions apply to the notified aid:

□ aid to compensate for loss or damage caused by natural disasters and exceptional occurrences referred to in Part II, Chapter 1, Section 1.1, of the Guidelines, provided that the aid is compatible with the internal market under Article 107(2), point (b), of the Treaty;

□ aid to compensate for loss or damage caused by adverse climatic events which can be assimilated to a natural disaster, animal diseases and infestations by invasive alien species and protected animals referred to in Part II, Chapter 1, Section 1.2, 1.3 or 1.4, of the Guidelines, where the financial difficulty of an undertaking active in the fishery and aquaculture sector was caused by those events, provided that aid is compatible with the internal market under Article 107(3), point (c), of the Treaty;

□ aid for the prevention, control and eradication of animal diseases in aquaculture referred to in point (188)(a) to (c) and (e) to (h) of Part II, Chapter 1, Section 1.3, of the Guidelines, where the economic situation of the undertaking should not be taken into consideration due to an emergency situation and the need to protect public health, provided that the aid is compatible with the internal market under Article 107(3), point (c), of the Treaty;

□ aid relating to information actions and for promotion measures which are generic in character, provided that they fall under Part I, Chapter 2, Section 2.3, of the Guidelines.

Aid granted to an undertaking which is subject to an outstanding recovery order

2.7.11.Is the aid granted to an undertaking, which is subject to an outstanding recovery order following a previous Commission decision declaring an aid illegal and incompatible with the internal market?

□yes □no

If the answer is yes, please note that such aid cannot be declared compatible with the internal market, unless one of the exceptions set out below apply.

If the answer is no, please provide the reference to the national legal basis concerning this point:

2.7.12.Please indicate in the box if any of the exceptions apply to the notified aid:

□ aid to make good the damage caused by natural disasters and exceptional occurrences under Article 107(2), point (b), of the Treaty(Part II, Chapter 1, Section 1.1, of the Guidelines);

□ aid for the costs of prevention, control and eradication of animal diseases in aquaculture under point (188)(a) to (c) and (e) to (h) of Part II, Chapter 1, Section 1.3, of the Guidelines.

Any other information

2.7.13.Please provide any other information which you deem important/necessary for the due assessment of the notified aid measure:

1.1. SUPPLEMENTARY INFORMATION SHEET ON AID TO MAKE GOOD THE DAMAGE CAUSED BY NATURAL DISASTERS OR EXCEPTIONAL OCCURRENCES

This form must be used by Member States for the notification of any State aid to make good the damage caused by natural disasters or exceptional occurrences as described in Section 1.1 of Chapter 1 of Part II of the Guidelines for State aid in the fishery and aquaculture sector ([^E0681]) ('the Guidelines').

1.Is the measure an ex ante framework scheme to compensate for the damage caused by natural disasters?

□yes □no

If the answer is yes, please disregard questions 10 and 11.

Please note that aid granted to compensate damage caused by natural disasters other than those mentioned in point (141) of the Guidelines, and damage caused by exceptional occurrences cannot be notified as part of an ex ante framework and must always be separately notified to the Commission. Please also note that, pursuant to point (147) of the Guidelines, measures derogating from the general rules concerning the time of establishment of schemes and payment of aid must be notified separately.

2.In the case of ex ante framework schemes, please confirm that the Member State will comply with the reporting obligation set out in point (345) of the Guidelines.

□yes □no

3.Please identify the type of natural disaster or exceptional occurrence that caused – or, in the case of an ex ante framework scheme, could cause – the damage for which compensation is provided for?

(a) natural disasters:
□ severe storms
□ severe floods
□ earthquakes
□ avalanches
□ landslides
□ tornadoes
□ hurricanes
□ volcanic eruptions
□ wild fires of natural origin
□ other natural disasters,

(b) exceptional occurrences:
□ war
□ internal disturbances
□ strikes
□ major industrial accidents
□ major nuclear accidents
□ fires resulting in widespread loss
□ other exceptional occurrences.

Please note that the outbreak of an animal disease or a plant pest does not, in principle, constitute an exceptional occurrence.

3.1.Please describe in detail the natural disaster or exceptional occurrence.

4.Please confirm that the competent authority(ies) of the Member State formally recognised the character of the event as a natural disaster or as an exceptional occurrence?

□yes □no

4.1.If the answer is ‘yes’, please identify the relevant provision(s) in the legal basis.

5.If the notifying Member States established in advance criteria on the basis of which the formal recognition referred to in question 4 is deemed to be granted, please provide those criteria and identify as the national legislation setting them out.

6.Please confirm that the measure prescribes that there is a direct causal link between the natural disaster or the exceptional occurrence and the damage suffered by the undertaking.

□yes □no

6.1.If the answer is ‘yes’, please identify the relevant provision(s) in the legal basis.

7.Please demonstrate the direct causal link between the natural disaster or the exceptional occurrence and the damage suffered by the undertakings:

8.Please confirm that the aid must be paid directly to:

(a) □the undertaking concerned,

(b) □a producer group or organisation of which that undertaking is a member.

9.Where the aid is paid to a producer group and organisation, please confirm that the amount of aid must not exceed the amount of aid to which that undertaking is eligible.

□yes □no

9.1.If the answer is ‘yes’, please identify the relevant provision(s) in the legal basis.

10.Please explain when the event occurred, including its starting and ending dates (as applicable).

11.Please confirm that the measure is established within three years from the date of the occurrence of the event.

□yes □no

11.1.If the answer is ‘yes’, please identify the relevant provision(s) in the legal basis.

12.Please confirm that the measure prescribes that aid will be paid out within four years of the date of the occurrence of the event?

□yes □no

12.1.If the answer is ‘yes’, please identify the relevant provision(s) in the legal basis.

13.Please note that, for a specific natural disaster or exceptional occurrence, the Commission will authorise separately notified aid that derogates from the rule set out in point (147) of the Guidelines in duly justified cases (for example, due to the nature and/or extent of the event or delayed or continuing nature of the damage).

13.1.If that is the case, please provide a detailed justification as to why a derogation from the rule on the time of establishment of schemes and/or payment of aid is warranted.

14.Please confirm that the eligible costs are the costs of the damage incurred as a direct consequence of the natural disaster or exceptional occurrence.

□yes □no

14.1.If the answer is ‘yes’, please identify the relevant provision(s) in the legal basis.

15.Please confirm that the damage will be assessed by:

(a) □a public authority

(b) □an independent expert recognised by the granting authority

15.1.Please identify the body(ies) assessing the damage.

16.Please confirm whether the damage includes:

(a) □material damage to assets (such as buildings, equipment, machinery, stocks, and means of production)

(b) □loss of income due to the full or partial destruction of fishery or aquaculture production or the means of such production

16.1.Please identify the provision(s) of the legal basis that reflect the damage. …

17.Please submit an assessment as precise as possible of the type and extent of damage incurred – or that might be incurred in case of ex ante framework schemes – by undertakings.

18.Please confirm that the measure prescribes that the damage is calculated at the level of the individual beneficiary.

□yes □no

18.1.If the answer is ‘yes’, please identify the relevant provision(s) in the legal basis.

19.In case the eligible costs include material damage to assets, please confirm that the calculation of the material damage is based on the repair cost or economic value of the affected asset before the natural disaster or exceptional occurrence.

□yes □no

19.1.If the answer is ‘yes’, please identify the relevant provision(s) in the legal basis.

20.In case the eligible costs include material damage to assets, please confirm that the calculation of the material damage must not exceed the repair cost or the decrease in fair market value caused by the natural disaster or the exceptional occurrence, that is to say the difference between the asset’s value immediately before and immediately after the natural disaster or exceptional occurrence.

□yes □no

20.1.If the answer is ‘yes’, please identify the relevant provision(s) in the legal basis.

21.In case the eligible costs include loss of income, please confirm that is it calculated pursuant to point (154) of the Guidelines, that is by subtracting: (a) the result of multiplying the quantity of the fishery and aquaculture products produced in the year of the natural disaster or exceptional occurrence, or in each following year affected by the full or partial destruction of the means of production, by the average selling price obtained during that year, from (b) the result of multiplying the average annual quantity of fishery and aquaculture products produced in the three-year period preceding the natural disaster or exceptional occurrence, or a three-year average based on the five-year period preceding the natural disaster or exceptional occurrence, excluding the highest and lowest entry, by the average selling price obtained.

□yes □no

21.1.If the answer is ‘yes’, please identify the relevant provision(s) in the legal basis.

22.Please confirm whether the amount of the compensation may be increased by other costs incurred by the beneficiary undertaking due to the natural disaster or exceptional occurrence.

□yes □no

22.1.If the answer is ‘yes’, please identify the relevant costs.

22.2.If the answer is ‘yes’, please identify the relevant provision(s) in the legal basis.

23.Please confirm that the amount of the compensation must be reduced by any costs not incurred because of the natural disaster or the exceptional occurrence which would otherwise have been incurred by the beneficiary undertaking.

□yes □no

23.1.If the answer is ‘yes’, please identify the relevant costs.

23.2.If the answer is ‘yes’, please identify the relevant provision(s) in the legal basis.

24.Please note that the Commission may accept other calculation methods provided that those are representative, not based on abnormally high catches or yields and do not result in the overcompensation of any beneficiary undertaking.

If the notifying Member State intends to propose an alternative calculation method, please provide the reasons as to why the method set out in the Guidelines is not appropriate in the case at hand and explain how the alternative calculation method addresses better the identified needs

Please submit as an annex to the notification the alternative methodology proposed, together with a demonstration that it is representative, not based on abnormally high catches/yields and do not result in overcompensation of any beneficiary.

25.Please confirm whether the measure provides that, where an SME was set up less than three years from the date of the occurrence of the event, the reference to the three or five-year periods in point (154)(b) must be understood as referring to the quantity produced and sold by an average undertaking of the same size as the applicant, namely a micro enterprise or a small enterprise or a medium enterprise, respectively, in the national or regional sector affected by the natural disaster or exceptional occurrence.

□yes □no

25.1.If the answer is ‘yes’, please identify the relevant provision(s) in the legal basis.

26.Please confirm that the measure prescribes that the aid and any other payments received to compensate the damage, including payments under insurance policies, must be limited to 100 % of the eligible costs.

□yes □no

26.1.Please provide the maximum aid intensity(ies) applicable under the measure.

26.2.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

27.Please indicate any other information considered relevant to the assessment of the measure under this Section of the Guidelines.

1.2. SUPPLEMENTARY INFORMATION SHEET ON AID TO MAKE GOOD THE DAMAGE CAUSED BY ADVERSE CLIMATIC EVENTS WHICH CAN BE ASSIMILATED TO A NATURAL DISASTE

This form must be used by Member States for the notification of any State aid to make good the damage caused by adverse climatic events which can be assimilated to a natural disaster as described in Section 1.2 of Chapter 1 of Part II of the Guidelines for State aid in the fishery and aquaculture sector ([^E0682]) ('the Guidelines').

1.Is the measure an ex ante framework scheme to compensate for the damage caused by adverse climatic events which can be assimilated to a natural disaster?

□yes □no

If the answer is yes, please disregard questions 10 and 11.

Please note that pursuant to point 167 of the Guidelines aid granted to compensate the damage caused by other types of adverse climatic events which can be assimilated to a natural disaster not mentioned in point (161) of the Guidelines must be separately notified to the Commission.

2.In the case of ex ante framework schemes, please confirm that the Member State will comply with the reporting obligation set out in point (345) of the Guidelines.

□yes □no

3.Please identify the type of adverse climatic event which can be assimilated to a natural disaster that caused – or, in the case of an ex ante framework scheme, could cause – the damage for which compensation is provided for?

(a) □storms

(b) □gusts of wind causing exceptionally high waves

(d) □floods

(e) □exceptionally elevated water temperatures over a longer period

(f) □frost

(g) □hail

(h) □ice

(i) □severe droughts

(j) □other adverse climatic events which can be assimilated to a natural disaster

3.1.Please describe in detail the adverse climatic event in question.

4.Please confirm that the measure prescribes that the damage caused by the adverse climatic event which can be assimilated to a natural disaster must amount to more than 30 % of the average annual production, calculated on the basis of the preceding three calendar years, or a three-year average based on the five-year period preceding the adverse climatic event which can be assimilated to a natural disaster, excluding the highest and lowest entry

□yes □no

4.1.If the answer is ‘yes’, please identify the relevant provision(s) in the legal basis.

5.Please confirm that the measure prescribes that there must be a direct causal link between the adverse climatic event which can be assimilated to a natural disaster and the damage suffered by the undertaking.

□yes □no

5.1.If the answer is ‘yes’, please identify the relevant provision(s) in the legal basis.

6.Please demonstrate the direct causal link between the adverse climatic event which can be assimilated to a natural disaster and the damage suffered by the undertaking.

7.In the case of losses caused by adverse climatic events which can be assimilated to a natural disaster that could be covered under mutual funds financed through Regulation (EU) 2021/1139, please justify why it is intended to grant aid rather than financial compensation being paid through such mutual funds.

8.Please confirm that the aid must be paid directly to:

(a) □the undertaking concerned

(b) □a producer group or organisation of which that undertaking is a member.

9.Where the aid is paid to a producer group and organisation, please confirm that the amount of aid must not exceed the amount of aid to which that undertaking is eligible.

□yes □no

9.1.If the answer is ‘yes’, please identify the relevant provision(s) in the legal basis.

10.Please explain when the event occurred, including its starting and ending dates (as applicable).

11.Please confirm that the measure is established within three years from the date of the occurrence of the event?

□yes □no

11.1.If the answer is ‘yes’, please identify the relevant provision(s) in the legal basis.

12.Please confirm that the measure prescribes that aid will be paid out within four years of the date of the occurrence of the event.

□yes □no

12.1.If the answer is ‘yes’, please identify the relevant provision(s) in the legal basis.

13.Please confirm that the eligible costs are the costs of the damage incurred as a direct consequence of the adverse climatic event which can be assimilated to a natural disaster.

□yes □no

13.1.If the answer is ‘yes’, please identify the relevant provision(s) in the legal basis.

14.Please confirm that the damage will be assessed by:

(a) □a public authority

(b) □an independent expert recognised by the granting authority

14.1.Please identify the body(ies) assessing the damage.

14.2.Please confirm whether the damage includes:

(a) □material damage to assets (such as buildings, vessels, equipment, machinery, stocks, and means of production)

(b) □loss of income due to the full or partial destruction of fishery or aquaculture production or the means of such production

14.3.Please identify the provision(s) of the legal basis that reflect the box selected in response to the question.

15.Please submit an assessment as precise as possible of the type and extent of damage incurred – or that might be incurred in case of ex ante framework schemes – by the undertakings.

16.Please confirm that the measure prescribes that the damage is calculated at the level of the individual beneficiary.

□yes □no

16.1.If the answer is ‘yes’, please identify the relevant provision(s) in the legal basis.

17.In case the eligible costs include material damage to assets, please confirm that the measure prescribes that the damage must have resulted in a loss of more than 30 % of the average annual production, calculated on the basis of the preceding three calendar years, or a three-year average based on the five-year period preceding the adverse climatic event which can be assimilated to a natural disaster, excluding the highest and lowest entry.

□yes □no

17.1.If the answer is ‘yes’, please identify the relevant provision(s) in the legal basis.

18.In case the eligible costs include material damage to assets, please confirm that the calculation of the material damage is based on the repair cost or economic value of the affected asset before the adverse climatic event which can be assimilated to a natural disaster.

□yes □no

18.1.If the answer is ‘yes’, please identify the relevant provision(s) in the legal basis.

19.In case the eligible costs include material damage to assets, please confirm that the calculation of the material damage must not exceed the repair cost or the decrease in fair market value caused by the adverse climatic event which can be assimilated to a natural disaster, that is to say the difference between the asset’s value immediately before and immediately after the adverse climatic event which can be assimilated to a natural disaster.

□yes □no

19.1.If the answer is ‘yes’, please identify the relevant provision(s) in the legal basis.

20.In case the eligible costs include loss of income, please confirm that it is calculated pursuant to point (173) of the Guidelines, that is by subtracting: (a) the result of multiplying the quantity of the fishery and aquaculture products produced in the year of the adverse climatic event which can be assimilated to a natural disaster, or in each following year affected by the full or partial destruction of the means of production, by the average selling price obtained during that year, from (b) the result of multiplying the average annual quantity of fishery and aquaculture products produced in the three-year period preceding the adverse climatic event which can be assimilated to a natural disaster, or a three-year average based on the five-year period preceding the adverse climatic event which can be assimilated to a natural disaster, excluding the highest and lowest entry, by the average selling price obtained.

□yes □no

20.1.If the answer is ‘yes’, please identify the relevant provision(s) in the legal basis.

21.Please confirm whether the amount of the compensation may be increased by other costs incurred by the beneficiary undertaking due to the adverse climatic event which can be assimilated to a natural disaster.

□yes □no

21.1.If the answer is ‘yes’, please identify the relevant costs.

21.2.If the answer is ‘yes’, please identify the relevant provision(s) in the legal basis.

22.Please confirm that the amount of the compensation must be reduced by any costs not incurred because of the adverse climatic event which can be assimilated to a natural disaster, that would otherwise have been incurred by the beneficiary undertaking.

□yes □no

22.1.If the answer is ‘yes’, please identify the relevant costs.

22.2.If the answer is ‘yes’, please identify the relevant provision(s) in the legal basis.

23.Please note that pursuant to point 175 of the Guidelines the Commission may accept other calculation methods provided that those are representative, not based on abnormally high catches or yields and do not result in the overcompensation of any beneficiary undertaking.

If the notifying Member State intends to propose an alternative calculation method, please provide the reasons as to why the method set out in the Guidelines is not appropriate in the case at hand and explain how the alternative calculation method addresses better the identified needs

Please submit as an annex to the notification the alternative methodology proposed, together with a demonstration that it is representative, not based on abnormally high catches/yields and do not result in overcompensation of any beneficiary.

24.Please confirm whether the measure provides that, where an SME was set up less than three years from the date of the occurrence of the adverse climatic event which can be assimilated to a natural disaster, the reference to the three or five-year periods in points (163)(a), (171) and (173)(b) must be understood as referring to the quantity produced and sold by an average undertaking of the same size as the applicant, namely a micro enterprise or a small enterprise or a medium enterprise, respectively, in the national or regional sector affected by the adverse climatic event which can be assimilated to a natural disaster.

□yes □no

24.1.If the answer is ‘yes’, please identify the relevant provision(s) in the legal basis.

25.Please confirm that the measure prescribes that the aid and any other payments received to compensate the damage, including payments under insurance policies, must be limited to 100 % of the eligible costs.

□yes □no

25.1.Please provide the maximum aid intensity(ies) applicable under the measure.

25.2.Please identify the provision(s) of the legal basis setting out the 100 % limit and the maximum aid intensity(ies) under the measure.

OTHER INFORMATION

26.Please indicate any other information considered relevant to the assessment of the measure under this Section of the Guidelines.

1.3. SUPPLEMENTARY INFORMATION SHEET ON AID FOR THE COSTS OF PREVENTION, CONTROL AND ERADICATION OF ANIMAL DISEASES IN AQUACULTURE AND OF INFESTATIONS BY INVASIVE ALIEN SPECIES, AND AID TO MAKE GOOD THE DAMAGE CAUSED BY THOSE ANIMAL DISEASES AND INFESTATIONS

This form must be used by Member States for the notification of any aid for the costs of prevention, control and eradication of animal diseases in aquaculture and of infestations by invasive alien species, and aid to make good the damage caused by those animal diseases and infestations as described in Section 1.3 of Chapter 1 of Part II of the Guidelines for State aid in the fishery and aquaculture sector ([^E0683]) ('the Guidelines').

1.Is the measure an ex ante framework scheme to support costs relating to the prevention, control and eradication of animal diseases in aquaculture and infestations by invasive alien species?

□yes □no

If the answer is yes, please disregard questions 10 and 12.

2.In the case of ex ante framework schemes, please confirm that the Member State will comply with the reporting obligation set out in point (345) of the Guidelines.

□yes □no

3.Please confirm that the aid is granted in respect of animal diseases and/or infestations by invasive alien species for which Union or national rules exist, whether laid down by law, regulation or administrative action?

□yes □no

3.1.If the answer is ‘yes’, please identify the relevant Union or national rules.

3.2.If the answer is ‘yes’, please identify the disease(s) and/or infestation(s) that the measure is targeting and provide a detailed description of the causes and spread of the disease or infestation.

4.Please confirm that the aid is granted as part of:

□ public programme at Union, national, or regional level for the prevention, control or eradication of animal diseases

□ emergency measures imposed by the competent national authority

□ measures to eradicate or contain an invasive alien species implemented in accordance with Regulation (EU) No 1143/2014

4.1.Please identify the relevant programme(s) or measure(s) according to the box selected in response to the question.

5.Please confirm that the relevant programme(s) or measure(s) contain a description of the prevention, control and eradication measures concerned.

□yes □no

5.1.Please identify the relevant provisions in the programme(s) and measure(s).

6.Please confirm that the aid does not relate to measures in respect of which Union legislation provides that the cost of such measures is to be borne by the beneficiary undertaking, unless the cost of such aid measures is entirely offset by compulsory charges on the beneficiary undertakings.

□yes □no

7.Please confirm that the aid must be paid directly to:

(a) □the undertaking concerned,

(b) □a producer group or organisation of which that undertaking is a member.

8.Where the aid is paid to a producer group and organisation, please confirm that the amount of aid must not exceed the amount of aid to which that undertaking is eligible.

□yes □no

8.1.If the answer is ‘yes’, please identify the relevant provision(s) in the legal basis.

9.Please confirm that the measure prescribes that no individual aid will be granted where it is established that the animal disease or infestation by invasive alien species was caused deliberately or by the negligence of the beneficiary undertaking.

□yes □no

9.1.If the answer is ‘yes’, please identify the relevant provision(s) in the legal basis.

10.Please identify the appropriate category(ies) in respect of which the aid may be granted:

(a) □aquatic animal diseases listed in Article 5(1) of Regulation (EU) 2016/429 of the European Parliament and of the Council ([^E0684]), or included in the list of animal diseases of the Aquatic Animal Health Code of the World Organization for Animal Health ([^E0685])

(b) □zoonoses of aquatic animals listed in Annex III, Point 2, to Regulation (EU) 2021/690 of the European Parliament and of the Council ([^E0686])

(d) □diseases other than a listed disease as referred to in Article 9(1), point (d), of Regulation (EU) 2016/429, and which meet the criteria laid down in Article 226 of that Regulation.

10.1.Please identify the relevant category of disease/zoonosis.

11.Please explain when the animal disease or infestation took place, including its starting and ending dates (as applicable).

If the measure has preventive purposes, the question is not applicable.

12.Please confirm that the aid scheme is established within three years from the date of the occurrence of the costs or damage caused by the animal disease or infestation by invasive alien species.

□yes □no

Please note that this condition does not apply to costs incurred for preventive purposes as indicated in point (188) of the Guidelines.

12.1.If the answer is ‘yes’, please identify the relevant provision(s) in the legal basis.

13.Please confirm that the measure prescribes that aid must be paid out within four years from the date of the occurrence of the costs or damage caused by the animal disease or infestation by invasive alien species.

□yes □no

13.1.If the answer is ‘yes’, please identify the relevant provision(s) in the legal basis.

Please note that this condition does not apply to costs incurred for preventive purposes as indicated in point (188) of the Guidelines.

14.Please submit an assessment as precise as possible of the type and extent of damage incurred – or that might be incurred in case of ex ante framework schemes – by undertakings.

15.Please identify the eligible costs covered by the measure:

(a) □health checks, analyses, tests, and other screening measures

(b) □the improvement of biosecurity measures

(c) □the purchase, storage, administration or distribution of vaccines, medicines, and substances for the treatment of animals

(d) □the purchase, storage, deployment and distribution of protection products or equipment to address infestations by invasive alien species

(e) □the slaughtering, culling, and destruction of animals

(f) □the destruction of animal products and of products linked to them

(g) □the cleaning and disinfection of the holding or equipment

(h) □the damage incurred due to the slaughtering, culling or destruction of animals, animal products, and products linked to them

(i) □other costs incurred due to animal diseases in aquaculture or infestations by invasive alien species. Please specify it: …

15.1.Please identify the provision(s) of the legal basis that reflect the eligible costs:

16.Please confirm that aid in relation to health checks, analyses, tests and other screening measures is granted in kind and paid to service providers:

□yes □no

16.1.If the answer is ‘no’, please confirm that the measure prescribes that beneficiary undertakings already have in-house capabilities suitable for those purposes.

□yes □no

16.2.If the answer to question 16.1 is ‘yes’, please identify the relevant provision(s) in the legal basis.

17.In case the eligible costs include aid to make good the damage caused by animal diseases or by infestations by invasive alien species referred to in point (188)(h) of the Guidelines, please confirm that the measure prescribes that compensation must be calculated only in relation to the following:

(a) □the market value of animals slaughtered or culled, or that have died, or the products destroyed:
□ as a result of the animal disease or infestation by invasive alien species
□ as part of a public programme or measure referred to in point (180)(b) of the Guidelines;

(b) □loss of income due to quarantine obligations and difficulties in restocking.

17.1.Please identify the relevant provision(s) in the legal basis:

18.If you selected point (a) in response to question 17, please confirm that the measure prescribes that the market value must be established on the basis of the value of the animals immediately before any suspicion of the animal disease or the infestation by invasive alien species arose or was confirmed, and as if they had not been affected by the disease or infestation.

□yes □no

18.1.If the answer is ‘yes’, please identify the relevant provision(s) in the legal basis.

19.Please confirm that the amount of the compensation must be reduced by any costs not directly incurred due to the animal disease or infestation by invasive alien species which would otherwise have been incurred by the beneficiary undertaking.

□yes □no

19.1.If the answer is ‘yes’, please identify the relevant costs.

19.2.If the answer is ‘yes’, please identify the relevant provision(s) in the legal basis.

20.Please confirm that the amount of the compensation must be reduced by any revenue made by the sale of products linked to the animals slaughtered, culled or destroyed for preventive or eradication purposes.

□yes □no

20.1.If the answer is ‘yes’, please identify the relevant provision(s) in the legal basis.

21.If the notifying Member State selected letter (i) in question 15, please provide a detailed justification why those other costs should be eligible.

22.Please confirm that the measure prescribes that aid and any other payments received by the beneficiary undertaking, including payments under other national or Union measures or insurance policies or mutual funds for the same eligible costs, must be limited to 100 % of the eligible costs.

□yes □no

22.1.Please provide the maximum aid intensity(ies) applicable under the measure.

22.2.Please identify the provision(s) of the legal basis laying down the 100 % limit and the maximum aid intensity(ies) under the measure.

OTHER INFORMATION

23.Please indicate any other information considered relevant to the assessment of the measure under this Section of the Guidelines.

1.4. SUPPLEMENTARY INFORMATION SHEET ON AID TO MAKE GOOD THE DAMAGE CAUSED BY PROTECTED ANIMALS

This form must be used by Member States for the notification of any aid to make good the damage caused by protected animals as described in Section 1.4 of Chapter 1 of Part II of the Guidelines for State aid in the fishery and aquaculture sector ([^E0687]) ('the Guidelines').

1.Please confirm that ‘protected animal’ is defined in accordance with point 31(w) of the Guidelines.

□yes □no

1.1.If the answer is ‘yes’, please identify the protected animal and the relevant provision(s) in the Union or national legislation.

2.Please confirm that the measure prescribes that there is a direct causal link between the damage suffered by undertakings and the behaviour of the protected animals.

□yes □no

2.1.If the answer is ‘yes’, please identify the relevant provision(s) in the legal basis.

3.Please confirm that the eligible costs are the costs of the damage incurred as a direct consequence of the behaviour of the protected animals.

□yes □no

3.1.If the answer is ‘yes’, please identify the relevant provision(s) in the legal basis.

3.2.Please confirm that the damage will be assessed by:

(a) □a public authority

(b) □an independent expert recognised by the granting authority

Please identify the body(ies) assessing the damage.

4.If the measure concerns the fisheries sector, please confirm that the aid only concerns damage to catches, irrespective of any impact of protected animals on the overall wild population.

□yes □no

4.1.If the answer is ‘yes’, please identify the relevant provision(s) in the legal basis.

5.Please confirm that the aid must be paid directly to:

(a) □the undertaking concerned

(b) □a producer group or organisation of which that undertaking is a member

6.Where the aid is paid to a producer group and organisation, please confirm that the amount of aid must not exceed the amount of aid to which that undertaking is eligible.

□yes □no

6.1.If the answer is ‘yes’, please identify the relevant provision(s) in the legal basis.

7.Please explain when the damage occurred, including its starting and ending dates (as applicable).

8.Please confirm that the scheme is established within three years from the date of the occurrence of the damage.

□yes □no

8.1.If the answer is ‘yes’, please identify the relevant provision(s) in the legal basis.

9.Please confirm that the measure prescribes that aid will be paid out within four years of the date of the occurrence of the damage.

□yes □no

9.1.If the answer is ‘yes’, please identify the relevant provision(s) in the legal basis.

10.Please confirm the eligible costs:

(a) □the market value of the animals damaged or killed by the protected animals

(b) □the material damage to the following assets: equipment, machinery and property

10.1.Please identify the provision(s) of the legal basis that reflect(s) the eligible costs.

11.Please submit an assessment as precise as possible of the type and extent of damage incurred by undertakings.

12.In case the eligible costs include the market value of animals damaged or killed, please confirm that the measure prescribes that the market value must be established on the basis of the value of the animals immediately before the damage occurred, and as if they had not been affected by the behaviour of the protected animals.

□yes □no

12.1.If the answer is ‘yes’, please identify the relevant provision(s) in the legal basis.

13.In case the eligible costs include the material damage to assets, please confirm that the measure prescribes that the calculation of the material damage must be based on the repair cost or economic value of the affected asset before the damage occurred.

□yes □no

13.1.If the answer is ‘yes’, please identify the relevant provision(s) in the legal basis.

14.In case the eligible costs include the material damage to assets, please confirm that the measure prescribes that the calculation of the material damage must not exceed the repair cost or the decrease in fair market value caused by the behaviour of the protected animals, that is to say the difference between the asset’s value immediately before and immediately after the damage occurred.

□yes □no

14.1.If the answer is ‘yes’, please identify the relevant provision(s) in the legal basis.

15.Please confirm whether the amount of the compensation may be increased by other costs incurred by the beneficiary undertaking due to the behaviour of the protected animals.

□yes □no

15.1.If the answer is ‘yes’, please identify the relevant costs.

15.2.If the answer is ‘yes’, please identify the relevant provision(s) in the legal basis.

16.Please confirm that the amount of the compensation must be reduced by any costs not directly incurred due to the behaviour of the protected animals which would otherwise have been incurred by the beneficiary undertaking.

□yes □no

16.1.If the answer is ‘yes’, please identify the relevant costs.

16.2.If the answer is ‘yes’, please identify the relevant provision(s) in the legal basis.

17.Please confirm that the measure prescribes that the amount of the compensation must be reduced by any revenue made by the sale of products linked to the animals damaged or killed.

□yes □no

17.1.If the answer is ‘yes’, please identify the relevant provision(s) in the legal basis.

18.Please note that the Commission may accept other calculation methods provided that those are representative, not based on abnormally high catches or yields and do not result in the overcompensation of any beneficiary undertaking.

18.1.If the notifying Member State intends to propose an alternative calculation method, please provide the reasons as to why the method set out in the Guidelines is not appropriate in the case at hand and explain how the alternative calculation method addresses better the identified needs:

18.2.Please submit as an annex to the notification the alternative methodology proposed, together with a demonstration that it is representative, not based on abnormally high catches/yields and do not result in overcompensation of any beneficiary.

19.Please confirm that the aid measure prescribes that, save for first attacks by protected animals, a reasonable effort from the beneficiary undertaking is required in the form of preventive measures, such as safety fences, which are proportionate to the risk of damage caused by protected animals in the area concerned.

□yes □no

19.1.If the answer is ‘yes’, please list the preventive measures required/recommended in the area concerned.

19.2.If the answer is ‘yes’, please identify the relevant provision(s) in the legal basis.

19.3.If the answer is ‘no’, please demonstrate why preventive measures are not reasonably possible and provide appropriate evidence.

20.Please confirm that the measure prescribes that the aid and any other payments received to compensate the damage, including payments under insurance policies, must be limited to 100 % of the eligible costs.

□yes □no

20.1.Please provide the maximum aid intensity(ies) applicable under the measure.

20.2.Please identify the provision(s) of the legal basis setting out the 100 % limit and the maximum aid intensity(ies) under the measure.

OTHER INFORMATION

21.Please indicate any other information considered relevant to the assessment of the measure under this Section of the Guidelines.

1.5. SUPPLEMENTARY INFORMATION SHEET ON AID FOR INVESTMENTS TO PREVENT AND MITIGATE THE DAMAGE CAUSED BY RISK EVENTS

This form must be used by Member States for the notification of any aid for investments to prevent and mitigate the damage caused by risk events, as described in Section 1.5 of Chapter 1 of Part II of the Guidelines for State aid in the fishery and aquaculture sector ([^E0688]) ('the Guidelines').

1.Please confirm that the measure prescribes that the investment must primarily pursue the aim of preventing and mitigating damage caused by risk events and, more specifically for the fisheries sector, that the investment must aim at preventing and mitigating depredation or damage to fishing gear or other equipment.

□yes □no

1.1.If the answer is ‘yes’, please identify the relevant provision(s) in the legal basis.

2.If the investment requires an environmental impact assessment under Directive 2011/92/EU of the European Parliament and of the Council ([^E0689]), please confirm that the measure renders the aid conditional upon such an assessment being carried out and the development consent being granted for the investment project concerned before the date of granting the individual aid.

□yes □no

2.1.If the answer is ‘yes’, please identify the relevant provision(s) in the legal basis.

3.Please confirm that the measure only includes eligible costs that are direct and specific for preventive measures.

□yes □no

3.1.If the answer is ‘yes’, please identify the relevant provision(s) in the legal basis.

4.Please confirm whether the eligible costs include:

(a) □the construction, acquisition, including leasing, or improvement of immovable property

(b) □the purchase or lease purchase of machinery and equipment up to the market value of the asset

4.1.Please identify the provision(s) of the legal basis that reflect the eligible costs.

4.2.Please provide a detailed description of the costs that are eligible under the measure.

5.Please confirm that the measure prescribes that the maximum aid intensity does not exceed 100 % of the eligible costs.

□yes □no

5.1.Please provide the maximum aid intensity(ies) applicable under the measure.

5.2.Please identify the provision(s) of the legal basis setting out the maximum aid intensity(ies) under the measure.

OTHER INFORMATION

6.Please indicate any other information considered relevant to the assessment of the measure under this Section of the Guidelines.

2.1. SUPPLEMENTARY INFORMATION SHEET ON OPERATING AID IN OUTERMOST REGIONS

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