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

This form must be used by Member States for the notification of operating aid in outermost regions as described in Section 2.1 of Chapter 2 of Part II of the Guidelines for State aid in the fishery and aquaculture sector ([^E0690]) ('the Guidelines'). Please note that, pursuant to point 216 of the Guidelines, aid must not go beyond what is necessary to alleviate the specific constraints in the outermost regions resulting from the isolation, insularity, and extreme remoteness.

1.Please identify the outermost region(s) referred to in Article 349 of the Treatyconcerned by the measure.

2.Please provide a detailed description of the specific constraints faced by the outermost region(s) concerned (isolation, insularity, extreme remoteness) and explain how the measure tackles those constraints.

3.Please provide a detailed description of the type of operating aid provided and list the costs eligible under the measure.

4.Please confirm that the measure prescribes that eligible costs must result from the specific constraints suffered by the outermost regions concerned.

□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 aid must not go beyond what is necessary to alleviate the specific constraints suffered by the outermost regions concerned.

□yes □no

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

6.Please confirm that the measure prescribes that the eligible costs must be calculated in accordance with the criteria laid down in Commission Delegated Regulation (EU) 2021/1972 ([^E0691]).

□yes □no

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

7.Please describe in detail the calculation method used under the measure.

8.Please confirm that the measure takes into account other types of public intervention, including, if applicable, the compensation of additional costs incurred by operators in the fishing, farming, processing and marketing of certain fishery and aquaculture products from the outermost regions paid pursuant to Articles 24 and 35 to 37 of Regulation (EU) 2021/1139, to avoid overcompensation.

□yes □no

8.1.If the answer is ‘yes’, please describe the control mechanisms designed to avoid overcompensation.

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

9.Please confirm that the measure prescribes that the aid, and any other payments received by the beneficiary undertaking for the same eligible costs, must be limited to 100 % of the eligible costs.

□yes □no

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

9.2.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

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

2.2. SUPPLEMENTARY INFORMATION SHEET ON AID FOR THE RENEWAL OF THE FISHING FLEET IN OUTERMOST REGIONS

This form must be used by Member States for the notification of aid for the renewal of the fishing fleet in outermost regions, as described in Section 2.2 of Chapter 2 of Part II of the Guidelines for State aid in the fishery and aquaculture sector ([^E0692]) ('the Guidelines').

1.Please identify the outermost region(s) referred to in Article 349 of the Treatyconcerned by the measure.

2.Please confirm that the measure prescribes that new fishing vessels acquired with the aid must comply with Union and national rules on hygiene, health, safety, and working conditions for work on board of fishing vessels and characteristics of fishing vessels.

□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 prescribes that, at the date of applying for the aid, the beneficiary undertaking must have its main place of registration in the outermost region where the new vessel will be registered.

□yes □no

3.1.If the answer is ‘yes’, please specify the main place of registration:

4.Pursuant to point (223) of the Guidelines, at the date of granting the aid, the report prepared in accordance with Article 22(2) and (3) of Regulation (EU) No 1380/2013 of the European Parliament and of the Council ([^E0693]) before that date must demonstrate that there is a balance between the fishing capacity and fishing opportunities in the fleet segment of the outermost region to which the new vessel will belong (the ‘national report’). Against this background, please reply to the following questions:

4.1.When was the latest national report prepared before the date of granting the aid?

4.1.1.Please provide the link to the latest national report or enclose it to the notification.

4.2.Pursuant to point (225) of the Guidelines, please confirm that the following conditions are fulfilled for all aid to be granted:

4.2.1.Was the national report submitted by 31 May of year N ([^E0694])?

□yes □no

4.2.2.Please confirm that the national report submitted in year N, and in particular the assessment of the balance contained therein, has been prepared on the basis of the biological, economic and vessel use indicators set out in the common guidelines ([^E0695])

□yes □no

Please note that pursuant to point (224) of the Guidelines, no aid may be granted if the national report, and in particular the assessment of the balance contained therein, has not been prepared on the basis of the biological, economic and vessel use indicators set out in the common guidelines referred to in Article 22(2) of Regulation (EU) No 1380/2013.

4.2.3.Does that national report submitted in year N demonstrate that there is a balance between fishing capacity and fishing opportunities in the fleet segment to which the new vessel will belong?

□yes □no

4.2.4.Please explain how the national report was taken into account when designing the measure and how the balance is achieved.

4.2.5.Pursuant to point (226) of the Guidelines, please confirm that the Commission has not called into question by 31 March of year N+1:

(a) □the conclusion of the national report submitted in year N

(b) □the assessment of the balance contained in the national report submitted in year N

4.2.6.Please confirm that the measure prescribes that the aid may be granted on the basis of the national report submitted in year N only until 31 December of year N+1, i.e., the year following the year of the submission of the report.

□yes □no

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

5.Please confirm that the fishing capacity ceilings of each Member State and of each fleet segment of the outermost regions set out in Annex II to Regulation (EU) No 1380/2013, taking into account any possible reduction of those ceilings under Article 22(6) of that Regulation, will not be exceeded at any time.

□yes □no

5.1.Please explain how this condition will be ensured.

Please note that the entry into the fleet of new capacity acquired with aid must be carried out in full respect of these capacity ceilings and must not lead to a situation in which these ceiling are exceeded.

6.Please confirm that the measure prescribes that the aid must not be made conditional on the acquisition of the new vessel from a specific shipyard.

□yes □no

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

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

8.Please confirm that the measure prescribes that the maximum aid intensity for the vessels must not be:

(a) more than 60 % of the total eligible costs in the case of vessels with an overall length of less than 12 metres □yes □no

(b) more than 50 % of the total eligible costs in the case of vessels with an overall length of 12 metres or more and less than 24 metres □yes □no

(c) more than 25 % of the total eligible costs in the case of vessels with an overall length of 24 metres and more □yes □no

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

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

9.Please confirm that the vessel acquired with aid must remain registered in the outermost region for at least 15 years from the date of granting the aid and must during that time land all of its catches in an outermost region:

□yes □no

9.1.Please confirm that in case this condition is not complied with, the aid must be reimbursed by the beneficiary undertaking in an amount that is proportionate to the period or extent of non-compliance.

□yes □no

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

OTHER INFORMATION

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

2.3. SUPPLEMENTARY INFORMATION SHEET ON AID FOR INVESTMENTS IN EQUIPMENT THAT CONTRIBUTES TO INCREASING SAFETY, INCLUDING EQUIPMENT ENABLING VESSELS TO EXTEND THEIR FISHING ZONES, FOR SMALL-SCALE COASTAL FISHING IN OUTERMOST REGIONS

This form must be used by Member States for the notification of any aid for investments in equipment that contributes to increasing safety, including equipment enabling vessels to extend their fishing zones, for small-scale coastal fishing in outermost regions, as described in Section 2.3 of Chapter 2 of Part II of the Guidelines for State aid in the fishery and aquaculture sector ([^E0696]) ('the Guidelines').

1.Please identify the outermost region(s) referred to in Article 349 of the Treatyconcerned by the measure.

2.Please explain how the measure contributes to strengthening economically, socially and environmentally sustainable fishing activities, improving safety and working conditions on board and, where applicable, enabling fishing vessels to extend their fishing zones up to 20 miles from the coast, for small-scale coastal fishing.

3.Please confirm whether, by way of derogation from point (47) of the Guidelines, aid can be granted to meet mandatory Union or national requirements:

□yes □no

3.1.Please describe the mandatory Union or national requirements concerned and provide a justification as to why such a derogation is necessary.

4.Please confirm that the measure does not entails:

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

□ an increase in the gross tonnage of a fishing vessel.

Please note that pursuant to points 235 and 236 of the Guidelines, aid for investments entailing the replacement or modernisation of a main or ancillary engine of a fishing vessel may only be eligible pursuant to Article 18 of Regulation (EU) 2021/1139 or under Part II, Chapter 3, Section 3.2, of the Guidelines; and aid for investments leading to an increase in the gross tonnage of a fishing vessel may only be eligible pursuant to Article 19 of Regulation (EU) 2021/1139 or under Part II, Chapter 3, Section 3.3, of the Guidelines.

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

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

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

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

OTHER INFORMATION

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

3.1. SUPPLEMENTARY INFORMATION SHEET ON AID FOR FIRST ACQUISITION OF A FISHING VESSEL

This form must be used by Member States for the notification of any aid for the first acquisition of a fishing vessel as described in Section 3.1 of Chapter 3 of Part II of the Guidelines for State aid in the fishery and aquaculture sector ([^E0697]) ('the Guidelines').

1.Please confirm that the measure prescribes that the Union fishing vessels in respect of which aid is granted will not be transferred or reflagged outside the Union during at least five years from the final payment of the aid.

□yes □no

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

2.Please confirm to whom aid may be granted under the measure:

(a) □a natural person who is no more than 40 years of age at the date of submission of the aid application and has worked at least five years as fisher or has acquired adequate qualification

(b) □legal entities wholly owned by one or more natural persons who each fulfil the conditions set out in point (a)

(c) □in case of joint first acquisition of a fishing vessel, several natural persons who each fulfil the conditions set out in point (a)

(d) □in case of acquisition of partial ownership of a fishing vessel, a natural person who fulfils the conditions set out in point (a) and who is deemed to have controlling rights on that vessel through ownership of at least of 33 % of the vessel or of the shares in the vessel or a legal entity which fulfils the conditions set out in point (b) and which is deemed to have controlling rights on that vessel through ownership of at least of 33 % of the vessel or of the shares in the vessel

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

3.Pursuant to points (245)(a) of the Guidelines, fishing vessels must belong to a fleet segment for which the latest report on fishing capacity, referred to in Article 22(2) of Regulation (EU) No 1380/2013 of the European Parliament and of the Council ([^E0698]), has shown a balance with the fishing opportunities available to that segment (hereafter ‘national report’). Pursuant to point (226) of the Guidelines, the procedure and conditions set out in points (225) to (227) of Part II, Chapter 2, Section 2.2 of the Guidelines apply for the purpose of point (245)(a). Against that background, please reply to the following questions:

If the measure concerns inland fishing, questions 3.1-3.2.6.1 do not need to be replied.

3.1.When was the latest national report prepared before the date of granting the aid?

3.1.1.Please provide the link to the latest national report or enclose it to the notification.

3.2.Please confirm that the following conditions are fulfilled for all aid to be granted:

3.2.1.Was the national report submitted by 31 May of year N ([^E0699])?

□yes □no

3.2.2.Please confirm that the national report submitted in year N, and in particular the assessment of the balance contained therein, has been prepared on the basis of the biological, economic and vessel use indicators set out in the common guidelines ([^E0700]) referred to in Article 22(2) of Regulation (EU) No 1380/2013.

□yes □no

Please note that no aid may be granted if the national report, and in particular the assessment of the balance contained therein, has not been prepared on the basis of the biological, economic and vessel use indicators set out in the common guidelines referred to in Article 22(2) of Regulation (EU) No 1380/2013.

3.2.3.Does that national report submitted in year N demonstrate that there is a balance between fishing capacity and fishing opportunities in the fleet segment to which the new vessel will belong?

□yes □no

3.2.4.Please explain how the national report was taken into account when designing the measure and how the balance is achieved.

3.2.5.Please confirm that the Commission has not called into question by 31 March of year N+1

(a) □the conclusion of the national report submitted in year N

(b) □the assessment of the balance contained in the national report submitted in year N

3.2.6.Please confirm that the measure prescribes that the aid may be granted on the basis of the national report submitted in year N only until 31 December of year N+1, i.e., the year following the year of the submission of the report.

□yes □no

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

4.Please confirm that the measure prescribes that fishing vessels must be equipped for fishing activities and not be longer than 24 metres in overall length.

□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 aid may only be granted in respect of a fishing vessel that has been registered in the Union fleet register for at least three calendar years preceding the year of submission of the aid application in the case of a small-scale coastal fishing vessel, and for at least five calendar years in the case of another type of vessel.

□yes □no

5.1.If the measure concerns inland fishing, please confirm that the measure prescribes that aid may only be granted in respect of a fishing vessel that has entered into service, in accordance with national law, for at least three calendar years preceding the year of submission of the aid application in the case of a small-scale coastal fishing vessel, and for at least five calendar years in the case of another type of vessel.

□yes □no

5.2.If the answer to the question 5 or question 5.1 is ‘yes’, please identify the relevant provision(s) in the legal basis.

6.Please confirm that the measure prescribes that aid may only be granted in respect of a fishing vessel that has been registered in the Union fleet register for a maximum of 30 calendar years preceding the year of submission of the aid application.

□yes □no

6.1.If the measure concerns inland fishing, please confirm that the measure prescribes that aid may only be granted in respect of a fishing vessel that has entered into service, in accordance with national law, for a maximum of 30 calendar years preceding the year of submission of the aid application.

□yes □no

6.2.If the answer to the questions 6 or 6.1 is ‘yes’, please identify the relevant provision(s) in the legal basis.

7.Please confirm that the eligible costs only include the direct and indirect costs related to the first acquisition of a fishing vessel.

□yes □no

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

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

8.Please confirm that the measure prescribes that the maximum aid intensity does not exceed 40 % of the eligible costs.

□yes □no

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

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

OTHER INFORMATION

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

3.2. SUPPLEMENTARY INFORMATION SHEET ON AID FOR REPLACEMENT OR MODERNISATION OF A MAIN OR ANCILLARY ENGINE

This form must be used by Member States for the notification of any aid for the replacement or modernisation of a main or ancillary engine of fishing vessels, as described in Section 3.2 of Chapter 3 of Part II of the Guidelines for State aid in the fishery and aquaculture sector ([^E0701]) ('the Guidelines').

1.Please confirm that the measure prescribes that the Union fishing vessels in respect of which aid is granted will not be transferred or reflagged outside the Union during at least five years from the final payment of the aid.

□yes □no

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

2.Please confirm that aid will only be granted for the replacement or modernisation of a main or ancillary engine of a fishing vessel up to 24 meters in overall length.

□yes □no

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

3.Pursuant to point (253)(a) of the Guidelines, fishing vessels must belong to a fleet segment for which the latest report on fishing capacity, referred to in Article 22(2) of Regulation (EU) No 1380/2013 of the European Parliament and of the Council ([^E0702]), has shown a balance with the fishing opportunities available to that segment (hereafter ‘national report’). Pursuant to point (254) of the Guidelines, the procedure and conditions set out in points (225) to (227) of Part II, Chapter 2, Section 2.2 apply for the purpose of point (253)(a). Against that background, please address the following:

If the measure concerns inland fishing, questions 3.1-3.2.6.1 do not need to be replied.

3.1.When was the latest national report prepared before the date of granting the aid?

3.1.1.Please provide the link to the latest national report or enclose it to the notification.

3.2.Please confirm that the following conditions are fulfilled for all aid to be granted:

3.2.1.Was the national report submitted by 31 May of year N ([^E0703])?

□yes □no

3.2.2.Please confirm that the national report submitted in year N, and in particular the assessment of the balance contained therein, has been prepared on the basis of the biological, economic and vessel use indicators set out in the common guidelines ([^E0704]) referred to in Article 22(2) of Regulation (EU) No 1380/2013.

□yes □no

Please note that no aid may be granted if the national report, and in particular the assessment of the balance contained therein, has not been prepared on the basis of the biological, economic and vessel use indicators set out in the common guidelines referred to in Article 22(2) of Regulation (EU) No 1380/2013.

3.2.3.Does that national report submitted in year N demonstrate that there is a balance between fishing capacity and fishing opportunities in the fleet segment to which the vessel belongs?

□yes □no

3.2.4.Please explain how the national report was taken into account when designing the measure and how the balance is achieved.

3.2.5.Please confirm that the Commission has not called into question by 31 March of year N+1:

(a) □the conclusion of the national report submitted in year N

(b) □the assessment of the balance contained in the national report submitted in year N

3.2.6.Please confirm that the measure prescribes that the aid may be granted on the basis of the national report submitted in year N only until 31 December of year N+1, i.e., the year following the year of the submission of the report.

□yes □no

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

4.Please confirm that the measure prescribes that fishing vessels must have been registered in the Union fleet register for at least five calendar years preceding the year of submission of the aid application.

□yes □no

4.1.If the measure concerns inland fishing, please confirm that the measure prescribes that aid may only be granted in respect of a fishing vessel that has entered into service, in accordance with national law, for at least five calendar years preceding the year of submission of the aid application.

□yes □no

4.2.If the answer to question 4 or 4.1 is ‘yes’, please identify the relevant provision(s) in the legal basis.

5.For small-scale coastal fishing vessels and vessels used for inland fishing, please confirm that the measure prescribes that the new or modernised engine does not have more power in kW than that of the current engine.

□yes □no

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

6.For other vessels up to 24 metres in overall length, please confirm that the measure prescribes that the new or modernised engine does not have more power in kW than that of the current engine and emits at least 20 % less CO2 compared to the current engine.

□yes □no

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

7.Please confirm that the measure prescribes that the fishing capacity withdrawn due to the replacement or modernisation of a main or ancillary engine must not be replaced.

□yes □no

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

8.Please describe in detail the control and enforcement mechanisms in place to guarantee the fulfilment of the conditions laid down in Section 3.2 of Chapter 3, Part II of the Guidelines.

9.Please confirm that the measure prescribes that all replaced or modernised engines must be subject to a physical verification.

□yes □no

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

10.Please confirm how the reduction of CO2 emission mentioned in question 6 will be met under the measure:

(a) □through relevant information certified by the manufacturer of the engine concerned as part of a type approval or product certificate indicates that the new engine emits 20 % less CO2 than the engine being replaced

(b) □through relevant information certified by the manufacturer of the engine concerned as part of a type approval or product certificate indicates that the new engine uses 20 % less fuel than the engine being replaced

10.1.Please describe your selection in details.

10.2.Please identify the provision(s) of the legal basis that reflect the box ticked in response to the previous question.

11.Where the relevant information certified by the manufacturer of the engine concerned as part of a type approval or product certificate for one or both of the engines does not permit a comparison of the CO2 emission or fuel consumption, please confirm how the reduction of CO2 emission mentioned in question 6 will be considered to be met under the measure:

(a) □the new engine uses an energy-efficient technology and the age difference between the new engine and the engine being replaced is at least seven years

(b) □the new engine uses a type of fuel or a propulsion system which is considered to emit less CO2 than the engine being replaced

(c) □the Member State concerned measures that the new engine emits 20 % less CO2 or uses 20 % less fuel than the engine being replaced under the normal fishing effort of the vessel concerned.

11.1.Please identify the provision(s) of the legal basis that reflect your selection.

11.2.Pursuant to point (260) of the Guidelines, please confirm that you apply Commission Implementing Regulation (EU) 2022/46 ([^E0705]) to identify the energy-efficient technologies referred to in point (259)(a) of the Guidelines and to further specify the methodology elements for the implementation of point (259)(c) thereof.

□yes □no

11.3.Please describe how the measure applies those requirements.

12.Please confirm that the eligible costs only include the direct and indirect costs related to the replacement or modernisation of a main or ancillary engine.

□yes □no

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

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

13.Please confirm that the measure prescribes that the maximum aid intensity does not exceed 40 % of the eligible costs.

□yes □no

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

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

OTHER INFORMATION

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

3.3. SUPPLEMENTARY INFORMATION SHEET ON AID FOR INCREASE IN THE GROSS TONNAGE OF A FISHING VESSEL FOR THE PURPOSES OF IMPROVING SAFETY, WORKING CONDITIONS OR ENERGY EFFICIENCY

This form must be used by Member States for the notification of any aid for the for the increase in the gross tonnage of a fishing vessel for the purposes of improving safety, working conditions or energy efficiency, as described in Section 3.3 of Chapter 3 of Part II of the Guidelines for State aid in the fishery and aquaculture sector ([^E0706]) ('the Guidelines').

1.Please confirm that the measure prescribes that the Union fishing vessels in respect of which aid is granted will not be transferred or reflagged outside the Union during at least five years from the final payment of the aid.

□yes □no

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

2.Pursuant to point (265)(a) of the Guidelines, fishing vessels must belong to a fleet segment for which the latest report on fishing capacity, referred to in Article 22(2) of Regulation (EU) No 1380/2013, has shown a balance with the fishing opportunities available to that segment (hereafter ‘national report’). Pursuant to point (266) of the Guidelines, the procedure and conditions set out in points (225) to (227) of Part II, Chapter 2, Section 2.2 apply for the purpose of point (265)(a). Against that background, please confirm the following:

If the measure concerns inland fishing, questions 2.1-2.2.6.1 do not need to be replied.

2.1.When was the latest national report prepared before the date of granting the aid?

2.1.1.Please provide the link to the latest national report or enclose it to the notification.

2.2.Please confirm that the following conditions are fulfilled for all aid to be granted:

2.2.1.Was the national report submitted by 31 May of year N ([^E0707])?

□yes □no

2.2.2.Please confirm that the national report submitted in year N, and in particular the assessment of the balance contained therein, has been prepared on the basis of the biological, economic and vessel use indicators set out in the common guidelines ([^E0708]) referred to in Article 22(2) of Regulation (EU) No 1380/2013.

□yes □no

Please note that no aid may be granted if the national report, and in particular the assessment of the balance contained therein, has not been prepared on the basis of the biological, economic and vessel use indicators set out in the common guidelines referred to in Article 22(2) of Regulation (EU) No 1380/2013.

2.2.3.Does that national report submitted in year N demonstrate that there is a balance between fishing capacity and fishing opportunities in the fleet segment to which the vessel belongs?

□yes □no

2.2.4.Please explain how the national report was taken into account when designing the measure and how the balance is achieved.

2.2.5.Please confirm that the Commission has not called into question by 31 March of year N+1:

(a) □the conclusion of the national report submitted in year N

(b) □the assessment of the balance contained in the national report submitted in year N

2.2.6.Please confirm that the measure prescribes that the aid may be granted on the basis of the national report submitted in year N only until 31 December of year N+1, i.e., the year following the year of the submission of the report.

□yes □no

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

3.Please confirm that the measure prescribes that fishing vessels must not be longer than 24 metres in overall length.

□yes □no

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

4.Please confirm that the measure prescribes that fishing vessels must have been registered in the Union fleet register for at least the 10 calendar years preceding the year of submission of the aid application.

□yes □no

4.1.If the measure concerns inland fishing, please confirm that the measure prescribes that aid may only be granted in respect of a fishing vessel that has entered into service, in accordance with national law, for at least 10 calendar years preceding the year of submission of the aid application.

□yes □no

4.2.If the answer to question 4 or 4.1 is ‘yes’, please identify the relevant provision(s) in the legal basis.

5.Please confirm that the entry into the fishing fleet of new fishing capacity generated by the operation is compensated for by the prior withdrawal of at least the same amount of fishing capacity without public aid from the same fleet segment or from a fleet segment for which the latest national report, referred to in Article 22(2) of Regulation (EU) No 1380/2013, has shown that the fishing capacity is not in balance with the fishing opportunities available to that segment.

□yes □no

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

If the measure concerns inland fishing, this question does not apply.

6.Please confirm the eligible costs:

(a) □the increase in gross tonnage necessary for the subsequent installation or renovation of accommodation facilities dedicated to the exclusive use of the crew, including sanitary facilities, common areas, kitchen facilities and shelter deck structures

(b) □the increase in gross tonnage necessary for the subsequent improvement or installation of on-board fire prevention systems, safety and alarm systems or noise-reduction systems

(c) □the increase in gross tonnage necessary for the subsequent installation of integrated bridge systems to improve navigation or engine control

(d) □the increase in gross tonnage necessary for the subsequent installation or renovation of an engine or a propulsion system that demonstrates a better energy efficiency or lower CO2 emissions compared to the previous situation, which does not have a power exceeding the fishing vessel’s previously certified engine power pursuant to Article 40(1) of Council Regulation (EC) No 1224/2009 ([^E0709]), and whose maximum power output is certified by the manufacturer for that engine or propulsion system model;

(e) □the replacement or renovation of the bulbous bow provided that it improves the overall energy efficiency of the fishing vessel.

6.1.Please identify the provision(s) of the legal basis that reflect your selection.

6.2.Please confirm that the eligible costs only include the direct and indirect costs related to the investment aid for improving safety, working conditions or energy efficiency leading to the increase in the gross tonnage of a fishing vessel.

□yes □no

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

6.4.Please provide a detailed description of the costs that are eligible under the measure. Please describe which costs relate to improving safety, working conditions or energy efficiency, respectively.

7.Please describe in detail the control and enforcement mechanisms in place to guarantee the fulfilment of the conditions laid down in Section 3.3 of Chapter 3 of Part II of the Guidelines.

8.Please provide a detailed description of the characteristics of the measure, including the amount of the fishing capacity increased and the purpose of that increase.

If the answer was already provided in response to a previous question or section, please refer to that answer.

9.Please confirm that the measure prescribes that the maximum aid intensity does not exceed 40 % of the eligible costs.

□yes □no

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

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

OTHER INFORMATION

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

3.4. SUPPLEMENTARY INFORMATION SHEET ONAID FOR PERMANENT CESSATION OF FISHING ACTIVITIES

This form must be used by Member States for the notification of any State aid for the permanent cessation of fishing activities, as described in Section 3.4 of Chapter 3 of Part II of the Guidelines for State aid in the fishery and aquaculture sector ([^E0710]) ('the Guidelines').

1.Please confirm that the measure prescribes that the Union fishing vessels in respect of which aid is granted will not be transferred or reflagged outside the Union during at least five years from the final payment of the aid.

□yes □no

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

If the measure only entails the scrapping of fishing vessels, this question does not apply.

2.Please confirm that the cessation is foreseen as a tool of an action plan referred to in Article 22(4) of Regulation (EU) No 1380/2013.

□yes □no

If the measure pursues considerations of an economic nature or other considerations related to conservation of marine biological resources pursuant to point (277) of the Guidelines, this question does not apply. Equally, if the measure concerns inland fishing, this question does not apply.

3.Please confirm that the permanent cessation of fishing activities will be achieved through:

(a) □scrapping of the fishing vessel;

(b) □decommissioning and retrofitting of fishing vessels for activities other than commercial fishing;

(c) □both, i.e., the permanent cessation will be achieved through scrapping and decommissioning and retrofitting the fishing vessel

3.1.Please identify the provision(s) of the legal basis that reflect your selection.

4.Please confirm that the measure prescribes that fishing vessels must be registered as active and have carried out fishing activities for at least 90 days per year during the last two calendar years preceding the date of submission of the aid application.

□yes □no

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

4.2.If the fishing activity in question is of a nature that it cannot be carried out throughout the whole calendar year, the minimum requirement of fishing activity, as set out in point (275)(c) of the Guidelines, may be reduced so long as the ratio between the number of days of activity and the number of fishable days is the same as the ratio between the number of days of activity and the number of calendar days per year for beneficiary undertakings which fish throughout the year.

4.2.1.In such a case, please describe in detail the nature of the fishing activity concerned by the measure, explain how the minimum requirement of fishing activity was calculated and identify the relevant provision(s) in the legal basis.

4.3.If the measure concerns inland fishing and fishing vessels are active in the catch of multiple species for which different numbers of fishable days are allowed in inland waters, the number of fishable days to calculate the ratio, as set out in point (276) of the Guidelines, is the average of the number of fishable days allowed for the catches of that vessel. Please note, however, that the minimum number of days of fishing activities resulting from such an adjustment must in no case be below 30 days or above 90 days.

4.3.1.In such a case, please describe in detail the legal and/or administrative framework applicable to the inland fishing concerned, explain how the minimum requirement of fishing activity was calculated and identify the relevant provision(s) in the legal basis.

5.Please confirm that the measure prescribes that equivalent fishing capacity will be permanently removed from the Union fishing fleet register, and that such capacity will not be replaced.

□yes □no

5.1.If the measure concerns inland fishing, please confirm that the condition applies by reference to the relevant national fleet register, if available under national law, instead of the Union fleet register.

□yes □no

5.2.If the answer to question 5 or 5.1 is ‘yes’, please identify the relevant provision(s) in the legal basis.

6.Please confirm that the measure prescribes that the respective fishing licences and the fishing authorisations will be permanently withdrawn.

□yes □no

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

7.Please confirm that the measure prescribes that beneficiary undertakings do not register any fishing vessel within five years following the receipt of aid.

□yes □no

7.1.If the measure concerns inland fishing, please confirm that the condition applies by reference to the relevant national fleet register, if available under national law, instead of the Union fleet register.

□yes □no

7.2.If the answer to question 7 or 7.1 is ‘yes’, please identify the relevant provision(s) in the legal basis.

8.If the measure pursues considerations of an economic nature or other considerations related to conservation of marine biological resources pursuant to point (277) of the Guidelines, or if the measure concerns inland fishing pursuant to point (280) thereof, please address the following:

8.1.Please explain in detail the circumstances justifying the permanent cessation, setting out for example the economic or environmental considerations pursued.

8.2.Please identify the objective of the measure:

□ conservation measures supported by scientific evidence

□ considerations of an economic nature

8.2.1.In case of conservation measures, please provide a summary of the scientific evidence supporting the measure.

8.2.2.In case of considerations of an economic nature, please explain in detail the economic rationale of the permanent cessation (unless it is already described in response to question 8.1).

8.3.With regard to inland fishing, please confirm that aid under the measure can only be granted to beneficiary undertakings operating exclusively in inland waters.

□yes □no

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

8.4.Please confirm that the measure prescribes that beneficiary undertakings commit not to increase their active fishing capacity from the time of the aid application until five years after the payment of the aid.

□yes □no

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

8.5.Please confirm that the measure prescribes that beneficiary undertakings also commit not to use the aid to replace or modernise their engines, unless the conditions set out in Article 18 of Regulation (EU) 2021/1139 of the European Parliament and of the Council ([^E0711]) are fulfilled.

□yes □no

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

8.6.If one year prior to the notification, the notifying Member State granted any aid or implemented operations under the European Maritime Fisheries Fund (EMFF) or the European Maritime, Fisheries and Aquaculture Fund (EMFAF) leading to an increase of fishing capacity in a sea basin, or where it included such operations in the national EMFAF programme, please explain in detail to which extent aid for permanent cessation in that same sea basin is compatible with such an increase of fishing capacity and demonstrate the justification for and the indispensability of the aid.

If the measure concerns inland fishing, this question does not apply.

9.Please confirm the beneficiaries of the aid:

(a) □owners of Union fishing vessels concerned by the permanent cessation

(b) □fishers who have worked on board a Union fishing vessel concerned by the permanent cessation for at least 90 days per year during the last two calendar years preceding the year of submission of the aid application

9.1.Please identify the provision(s) of the legal basis that reflect your selection.

9.2.Please explain how the minimum number of 90 days set out above for fishers was calculated, in case any adjustments were applicable to the respective fishing vessels, taking into account points (283)(276) and (281) of the Guidelines.

9.3.Please confirm that the measure prescribes that fishers cease all fishing activities for five years following the receipt of aid, and that – if a fisher returns to fishing activities within that period – sums unduly paid in respect of the aid will be recovered in an amount proportionate to the period during which that condition has not been fulfilled.

□yes □no

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

10.Please describe in detail the control and enforcement mechanisms in place to guarantee compliance with the conditions attached to the permanent cessation, including to ensure that capacity is permanently withdrawn, and that the vessel or fishers concerned have ceased any fishing activities following the measure. Please note that, in the absence of a national fleet register applicable to inland waters, Member States must also demonstrate that such control and enforcement mechanisms ensure a management of capacity comparable to that applicable to sea fisheries.

11.Please confirm that the eligible costs must be calculated at the level of the individual beneficiary.

□yes □no

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

12.Please confirm the eligible costs:

□ in case of scrapping of fishing vessels:
□ the costs of scrapping the fishing vessels
□ compensation for the losses of value of the scrapped fishing vessels measured as its current selling value

□ in case of decommissioning and retrofitting for activities other than commercial fishing: the investment costs related to converting the fishing vessel for the purposes of other economic activities

□ costs related to the fishers, which can also include the obligatory social costs resulting from the implementation of the permanent cessation insofar as not covered by other national provisions in case of cessation of a business activity

12.1.Please identify the provision(s) of the legal basis that reflect your selection.

12.2.Please describe in detail the eligible costs.

12.3.Please confirm that the eligible costs must be reduced by any costs not incurred because of the permanent cessation of fishing activities which would otherwise have been incurred by the beneficiary undertaking.

□yes □no

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

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

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

□yes □no

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

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

14.Please note that the Commission may accept other calculation methods provided that it is satisfied that they are based on objective criteria and do not result in overcompensation of any beneficiary undertaking.

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

Please submit as an annex to the notification the other methodology proposed, together with a demonstration that it is based on objective criteria and do not result in overcompensation of any beneficiary.

OTHER INFORMATION

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

3.5. SUPPLEMENTARY INFORMATION SHEET ON AID FOR TEMPORARY CESSATION OF FISHING ACTIVITIES

This form must be used by Member States for the notification of any State aid for the for temporary cessation of fishing activities, as described in Section 3.5 of Chapter 3 of Part II of the Guidelines for State aid in the fishery and aquaculture sector ([^E0712]) ('the Guidelines').

1.Please confirm that the measure prescribes that the Union fishing vessels in respect of which aid is granted will not be transferred or reflagged outside the Union during at least five years from the final payment of the aid.

□yes □no

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

2.Please identify the case for which aid for temporary cessation of fishing activities is granted:

(a) □conservation measures, as referred to in Article 7(1), points (a), (b), (c), (i) and (j), of Regulation (EU) No 1380/2013 of the European Parliament and of the Council ([^E0713]) or, where applicable to the Union, equivalent conservation measures adopted by regional fisheries management organisations, provided that a reduction of fishing effort is needed, based on scientific advice, in order to achieve the objectives of the CFP, a set out in Article 2(2) and Article 2(5), point (a), of Regulation (EU) No 1380/2013

(b) □Commission measures in case of a serious threat to marine biological resources, as referred to in Article 12 of Regulation (EU) No 1380/2013

(d) □the interruption, due to reasons of force majeure, of the application of a sustainable fisheries partnership agreement or protocol thereto

(e) □environmental incidents or health crises, as formally recognised by the competent authorities of the relevant Member State.

2.1.Please provide a detailed description of the measures, incidents or crises in question and, if applicable, identify the relevant provision(s) in the legal basis formally recognising those events.

If the measure concerns inland fishing, this question does not apply, see instead question 5.2.

3.Please confirm that the measure prescribes that aid may only be granted where the fishing activities of the vessel or fisher concerned are stopped during at least 30 days in a given calendar year.

□yes □no

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

4.Please confirm the beneficiaries of the aid:

(a) □owners or operators of Union fishing vessels which are registered as active and which have carried out fishing activities for at least 120 days during the last two calendar years preceding the year of submission of the aid application

(b) □with regard to inland fishing: owners or operators of fishing vessels which are registered in the national fleet register (if applicable under national law) as active and which have carried out fishing activities for at least 120 days during the last two calendar years preceding the year of submission of the aid application

(c) □fishers who have worked on board a Union fishing vessel concerned by the temporary cessation for at least 120 days during the last two calendar years preceding the year of submission of the aid application

(d) □fishers on foot who have carried out fishing activities for at least 120 days during the last two calendar years preceding the year of submission of the aid application

4.1.Please identify the provision(s) of the legal basis that reflect your selection.

4.2.If the fishing activity in question is of a nature that it cannot be carried out throughout the whole calendar year, the minimum requirement of fishing activity, as set out in point (295) of the Guidelines, may be reduced as long as the ratio between the number of days of activity and the number of fishable days is the same as the ratio between the number of days of activity and the number of calendar days per year for beneficiary undertakings which fish throughout the year.

4.2.1.In such a case, please describe in detail the nature of the fishing activity concerned by the measure, explain how the minimum requirement of fishing activity was calculated and identify the relevant provision(s) in the legal basis.

4.3.If the measure concerns inland fishing and fishing vessels or fishers are active in the catch of multiple species for which different numbers of fishable days are allowed in inland waters, the number of fishable days to calculate the ratio, as set out in point (296) of the Guidelines, is the average of the number of fishable days allowed for the catches of that vessel or fisher. Please note, however, that the minimum number of days of fishing activities resulting from such an adjustment must in no case be below 40 days or above 120 days.

4.3.1.In such a case, please describe in detail the legal and/or administrative framework applicable to the inland fishing concerned, explain how the minimum requirement of fishing activity was calculated and identify the relevant provision(s) in the legal basis.

5.If the measure concerns inland fishing, please address the following:

5.1.Please confirm that aid under the measure can only be granted to beneficiary undertakings operating exclusively in inland waters.

□yes □no

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

5.2.Please identify the objective of the measure:

(a) □conservation measures supported by scientific evidence

(b) □environmental incidents or health crises, as formally recognised by the competent authorities of the relevant Member State

5.2.1.In case of conservation measures, please provide a summary of the scientific evidence supporting measure.

5.2.2.In case of incidents or crises, please provide a detailed description of the incidents or crises in question and identify the relevant provision(s) in the legal basis formally recognising those events.

6.Please confirm that aid may be granted for a maximum duration of 12 months per vessel or per fisher during the programming period under the European Maritime, Fisheries and Aquaculture Fund, irrespective of the source of funding, whether nationally financed or co-financed pursuant to Article 21 of Regulation (EU) 2021/1139 of the European Parliament and of the Council ([^E0714]).

□yes □no

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

6.2.Please confirm that the notifying Member States will comply with the reporting obligation set out in point (346) of the Guidelines.

□yes □no

7.Please confirm that the measure prescribes that all fishing activities carried out by the vessels or fishers concerned must be effectively suspended during the period concerned by the temporary cessation of fishing activities.

□yes □no

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

8.Please describe in detail the control and enforcement mechanisms in place to guarantee compliance with the conditions attached to the temporary cessation, including to ensure that the vessel or fisher concerned has ceased any fishing activities during the period concerned by the measure.

9.Please confirm the eligible costs:

(a) □loss of income due to the temporary cessation of fishing activities

(b) □other costs related to the maintenance, upkeep and preservation of unutilised assets during temporary cessation of fishing activities

9.1.Please identify the provision(s) of the legal basis that reflect your selection.

9.2.Please confirm that the eligible costs must be calculated at the level of the individual beneficiary.

□yes □no

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

9.3.Please confirm that the loss of income must be calculated pursuant to point (304) of the Guidelines, that is by subtracting: (a) the result of multiplying the quantity of the fishery products produced in the year of the temporary cessation of fishing activities, by the average selling price obtained during that year, from (b)the result of multiplying the average annual quantity of fishery products produced in the three-year period preceding the temporary cessation of fishing activities, or a three-year average based on the five-year period preceding the temporary cessation of fishing activities, excluding the highest and lowest entry, by the average selling price obtained.

□yes □no

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

9.4.Please confirm that costs related to the maintenance, upkeep and preservation of unutilised assets during temporary cessation of fishing activities must be calculated based on an average of the costs incurred over the three-year period preceding the temporary cessation of fishing activities, or on a three-year average over the five-year period preceding the temporary cessation of fishing activities, excluding the highest and lowest entry.

□yes □no

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

9.5.Please explain whether the eligible costs may include other costs incurred by the beneficiary undertaking due to the temporary cessation of fishing activities.

□yes □no

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

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

9.6.Please confirm that the eligible costs must be reduced by any costs not incurred because of the temporary cessation of fishing activities, which would otherwise have been incurred by the beneficiary undertaking.

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

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

9.7.Please confirm that the measure prescribes that, where a vessel is used during the temporary cessation for activities other than commercial fishing, any income must be declared and deducted from the aid granted under this Section, and no aid must be granted for other costs related to the maintenance, upkeep and preservation of unutilised assets during temporary cessation of fishing activities.

□yes □no

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

10.Please note that the Commission may accept other calculation methods provided that it is satisfied that they are based on objective criteria and do not result in overcompensation of any beneficiary undertaking.

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

Please submit as an annex to the notification the other methodology proposed, together with a demonstration that it is based on objective criteria and do not result in overcompensation of any beneficiary.

11.Please confirm whether the measure provides that, where an SME was set up less than three years from the date of the temporary cessation of fishing activities, the reference to the three or five-year periods in points (304)(b) and (305) of the Guidelines (questions 9.3 and 9.4 above) must be understood as referring to the quantity produced and sold, or costs incurred, by an average undertaking of the same size as the applicant, namely a micro enterprise, a small enterprise or a medium enterprise, respectively, in the national or regional sector affected by the temporary cessation of fishing activities.

□yes □no

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 the aid and any other payments, including payments under insurance policies, received for the purpose of temporary cessation of fishing activities must be limited to 100 % of the eligible costs

□yes □no

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

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

OTHER INFORMATION

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

3.6. SUPPLEMENTARY INFORMATION SHEET ON LIQUIDITY AID TO FISHERS

This form must be used by Member States for the notification of liquidity aid to fishers, as described in Section 3.6 of Chapter 3 of Part II of the Guidelines for State aid in the fishery and aquaculture sector ([^E0715]) ('the Guidelines'). Aid under this Section may also be granted to undertakings active in inland fishing.

1.Please confirm that the measure prescribes that the Union fishing vessels in respect of which aid is granted will not be transferred or reflagged outside the Union during at least five years from the final payment of the aid.

□yes □no

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

2.Please explain in detail the circumstances justifying the liquidity aid and describe the exogenous events entailing a temporary restriction of fishing activities.

3.Please explain when the exogenous event occurred, including its starting and ending dates if applicable.

4.Please confirm that the measure does not concern any of the following:

(a) (the cases of temporary cessation of fishing activities listed in Section 3.5 of Part II, Chapter 3 of the Guidelines

(b) conservation measures taken in accordance with sustainable fisheries partnership agreements and of agreements on exchange or joint management

(c) the reduction or loss of fishing opportunities within EU waters in the framework of the implementation of the Common Fisheries Policy

(d) the reduction or loss of fishing opportunities with regard to non-EU waters, e.g. due to non-renewal, suspension, termination or re-negotiation of a sustainable fisheries partnership agreement and of agreements on exchange or joint management or measures on fixing and allocation of fishing opportunities taken in accordance with such agreements or under the auspice of a regional fisheries management organisation □yes □no

5.Please confirm that the measure prescribes that aid may only be granted where there is a direct causal link between the exogenous events and the loss of income suffered.

□yes □no

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

6.Please describe in detail the control and enforcement mechanisms in place to guarantee compliance with the conditions attached to the liquidity aid to fishers.

7.Please confirm that the eligible costs only cover the loss of income due to the exogenous events.

□yes □no

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

7.2.Please confirm that the eligible costs must be calculated at the level of the individual beneficiary.

□yes □no

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

7.3.Please confirm that the loss of income must be calculated pursuant to point (319) of the Guidelines, that is by subtracting: (a) the result of multiplying the quantity of the fishery products produced in the year of the exogenous events, by the average selling price obtained during that year, from (b) the result of multiplying the average annual quantity of fishery products produced in the three-year period preceding the exogenous events, or a three-year average based on the five-year period preceding the exogenous events, excluding the highest and lowest entry, by the average selling price obtained.

□yes □no

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

7.4.Please explain whether the eligible costs may include other costs incurred by the beneficiary undertaking due to the exogenous events.

□yes □no

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

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

7.5.Please confirm that the eligible costs must be reduced by any costs not incurred because of the exogenous events, which would otherwise have been incurred by the beneficiary undertaking.

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

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

7.6.Please confirm that the measure prescribes that, where a vessel is used during the exogenous events for activities other than commercial fishing, any income must be declared and deducted from the aid granted under this Section.

□yes □no

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

8.Please note that the Commission may accept other calculation methods provided that it is satisfied that they are based on objective criteria and do not result in overcompensation of any beneficiary undertaking.

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

Please submit as an annex to the notification the other methodology proposed, together with a demonstration that it is based on objective criteria and do not result in overcompensation of any beneficiary.

9.Please confirm whether the measure provides that, where an SME was set up less than three years from the date of the exogenous events, the reference to the three or five-year periods in point (319)(b) of the Guidelines must be understood as referring to the quantity produced and sold by an average undertaking of the same size as the applicant, namely a micro enterprise, a small enterprise or a medium enterprise, respectively, in the national or regional sector affected by the exogenous events

□yes □no

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

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

□yes □no

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

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

OTHER INFORMATION

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

ANNEX II

SIMPLIFIED NOTIFICATION FORM

Image omitted; see official source

Text of image

This form may be used for the simplified notification pursuant to Article 4(2) of Commission Regulation (EC) No 794/2004 implementing Council Regulation (EC) No 659/1999 laying down detailed rules for the application of Article 93 of the EC Treaty (1).

Prior approved aid scheme (2).

1.1. Aid number allocated by the Commission:

1.2. Title:

1.3. Date of approval [by reference to the letter of the Commission SG(..)D/…]:

1.4. Publication in the Official Journal of the European Union:

1.5. Primary objective (please specify one):

1.6. Legal basis:

1.7. Overall budget:

1.8. Duration: …

Instrument subject to notification

New budget (please specify the overall as well as the annual budget in the respective national currency): …

New duration (please specify the starting date from which the aid may be granted and the last date until which the aid may be granted): …

Tightening of criteria (please indicate if the amendment concerns a reduction of aid intensity or eligible expenses and specify details): …

Validity of commitments

Please confirm that the commitments provided by the Member State for the purposes of the prior approved aid scheme are valid in their entirety also for the new notified measure.

Please attach a copy (or a web link) of the relevant extracts of the final text(s) of the legal basis.

(1) 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 (OJ L 140, 20.4.2004, p. 1). Regulation as last amended by Regulation No 1935/2006 (OJ L 407, 30.12.2006, p. 1).

(2) If the aid scheme has been notified to the Commission on more than one occasion, please provide details for the latest complete notification that has been approved by the Commission.

ANNEX III

STANDARDISED REPORTING FORMAT FOR EXISTING STATE AID

(This format covers all sectors)

The Commission shall, by 1 March each year, send to the Member States, through a dedicated reporting tool, the State aid cases whose expenditure must be reported. Member States shall review the completeness of the cases provided by the Commission and inform the Commission of any missing cases by providing the corresponding aid numbers. The reports will be automatically generated in the dedicated reporting tool. Member States shall complete the reports with the expenditure information and validate the cases, which will be then returned to the Commission by 30 June of the year in question. This will enable the Commission to publish State aid data in year t for the reporting period t-1 ([^E0720]).

The bulk of the information in the dedicated platform shall be pre-completed by the Commission on the basis of data provided at the time of approval of the aid. Member States shall be required to check and, where necessary, modify the details for each scheme or individual aid, and to add the annual expenditure for the latest year (t-1). In addition, Member States shall indicate which schemes have expired or for which all payments have stopped and whether or not a scheme is co-financed by Union Funds.

Reading this document does not replace reading the official text published in the Official Journal of the European Union. We assume no responsibility for any inaccuracies arising from the conversion of the original to this format.

This text is published under EUR-Lex's own terms of reuse, not a Legalize or public-domain licence. EUR-Lex
Creative Commons Attribution 4.0 International (CC BY 4.0)
© European Union, https://eur-lex.europa.eu — Source: EUR-Lex (Publications Office of the European Union). Reused under the Creative Commons Attribution 4.0 International (CC BY 4.0) licence. Only EU legislation published in the printed Official Journal of the European Union is deemed authentic; consolidated texts are reproduced here for documentation purposes and have been reformatted to Markdown.