Information Communicated by Member States Regarding

C 154/6 EN Official Journal of the European Union 7.7.2009

NOTICES FROM MEMBER STATES

Information communicated by Member States regarding State aid granted under Commission Regulation (EC) No 1857/2006 on the application of Articles 87 and 88 of the Treaty to State aid to small and medium-sized enterprises active in the production of agricultural products and amending Regulation (EC) No 70/2001 (2009/C 154/05)

Aid No: XA 49/09 Date of implementation: From the date of publication of the registration number of the request for exemption on the website of the Commission's Directorate-General for Agriculture and Rural Development Member State: Spain

Duration of scheme or individual aid award: 1 year Region: Comunidad Valenciana

Objective of aid: To complement Community area aid Title of aid scheme or name of company receiving an indi associated with nut production (provided for in Article 17(b) vidual aid: Ayuda nacional por superficie a los frutos de cáscara of Regulation (EC) No 1857/2006)

Sector(s) concerned: Nut growers who are considered to be Legal basis: small and medium-sized enterprises under Annex I to Commission Regulation (EC) No 800/2008 of 6 August 2008

Real Decreto 1612/2008 de 3 de octubre sobre aplicación de los pagos directos a la agricultura y la ganadería. Name and address of the granting authority:

Borrador de la Orden de 23 de enero de 2009 de la Consellera Agencia Valenciana de Fomento y Garantía Agraria o de Agricultura, Pesca y Alimentación sobre cuestiones generales C/Amadeo de Saboya, n 2 aplicables al régimen de ayudas agroambientales e indemni Valência zación compensatoria y régimen aplicable al pago único y ESPAÑA otras pagos directos a la agricultura y ganadería en el ámbito de la Comunitat Valenciana y de aprobación de las bases regu ladoras de ayudas de pago único y otras ayudas directas. Website:

http://www.agricultura.gva.es/especiales/ayudas_agrarias/ Borrador Resolución de 26 de enero de 2009 de la Directora de pdf/FRUTOS%20CASCARA.pdf la Agencia Valenciana de Fomento y Garantia Agraria mediante la que se establece la convocatoria del procedimiento para la concesión de subvenciones a través de la solicitud única vinculadas al regimen de pago único, otras ayudas directas a la agricultura y la ganaderia, ayudas agroambientales y de indemnización compensatoria para el año 2009 Aid No: XA 50/09

Annual expenditure planned under the scheme or overall Member State: The Netherlands amount of individual aid granted to the company:

EUR 2 928 440 under aid heading SE 83 000 Region: Provincie Noord-Brabant

Maximum aid intensity: The Valencian Autonomous Title of aid scheme or name of company receiving indi Government will finance 50 % of the maximum national aid vidual aid: Model voor een gemeentelijke Subsidieverordening laid down in Article 87(1) of Regulation (EC) No 1782/2003. duurzaamheidsinvesteringen agrarische bedrijven in landbou The maximum amount will be EUR 120,75 per hectare per year wontwikkelingsgebieden 7.7.2009 EN Official Journal of the European Union C 154/7

Legal basis: The scheme also provides for possible supplementary aid for investments relating to:

Algemene wet bestuursrecht, titel 4.2

Article 4 of Regulation (EC) No 1857/2006 (d) energy savings in farm management.

Annual expenditure planned under the scheme or overall amount of individual aid granted to the company: The investments referred to in points (a) and (b) cover only the extra investments needed to go beyond the (Community) Between 10 and 20 municipalities in North Brabant are statutory requirements and may be subsidised up to a limit of expected to issue a call for applications for the scheme, each 60 %, unless the investments in question lead to an increase in of which will make up to EUR 1,6 million available. This affects production capacity, in which case the maximum subsidy limit the following municipalities (indicative): is 40 %. Such investments fall within the scope of Article 4(2)(e) and Article 4(3)(d) of Regulation (EC) No 1857/2006.

Alphen-Chaam Baarle-Nassau The investments referred to in points (c) and (d) may be Bladel subsidised up to a limit of 40 %. Investments covered by Boekel point (c) (aesthetic quality) fall within the scope of Article 4(2)(b) and Article 4(3)(c) of Regulation (EC) No Deurne 1857/2006 (increasing the quality of farm buildings). Dongen Investments covered by point (d) (energy savings) fall within the scope of Article 4(2)(b) and Article 4(3)(a) of Regulation Eersel (EC) No 1857/2006 (reducing production costs). Gemert-Bakel Haaren Heeze-Leende The total amount of aid granted may not exceed EUR 400 000 per holding over a period of three consecutive fiscal years Hilvarenbeek covering the investment period, less the tax breaks granted Landerd under the MIA/VAMIL scheme, which have been set at 12 % of the investments covered by this scheme. Mill en Sint Hubert Sint Anthonis Uden Date of implementation: Under Articles 6 and 13 of the scheme, aid may be granted, subject to submission of an appli Total expenditure under this scheme by the municipalities cation, once the model outlining the scheme has been notified concerned is expected to be EUR 24 million for the period in accordance with Article 20 of Regulation (EC) No 2009 to 2013 inclusive 1857/2006 and once the scheme has been adopted and a call for applications issued by the municipal body responsible

Maximum aid intensity:

Duration of scheme or individual aid award: The scheme has The scheme provides for aid for investments relating to: no specific closing date and, once it has entered into force pursuant to Article 13 thereof, will apply until it is repealed. The municipal body responsible will set the period during (a) introducing measures to reduce the pollution that has been which aid may be applied for under the scheme on the basis or will be generated by an agricultural holding beyond the of Article 6 thereof. The duration of the scheme depends on requirements of the applicable EU and Dutch environmental whether the municipal body responsible sets one or more legislation; and subsequent application periods. The period of validity of Regu lation (EC) No 1857/2006 will also have to be taken into account, so, in principle, the scheme will not run beyond (b) for livestock farming, introducing measures to raise animal- 31 December 2013. If a new exemption Regulation enters welfare standards at an agricultural holding above the into force replacing or succeeding Regulation (EC) requirements of the applicable EU and Dutch animal- No 1857/2006, the province of North Brabant will submit a welfare legislation. new notification C 154/8 EN Official Journal of the European Union 7.7.2009

Objective of aid: as much as possible with the Maatlat Duurzame Veehouderij (Yardstick of Sustainable Stockholding), issued by the Stichting Milieukeur (eco-labelling foundation) The scheme is designed to encourage farms to adopt sustain ability measures in areas in the province of North Brabant Sector(s) concerned: The scheme applies to all agricultural which have been designated agricultural development areas by holdings in agricultural development areas designated by the the provincial council. Provincial Council of North Brabant. The municipal body responsible is free to give priority to intensive livestock holdings and, in particular, to intensive livestock holdings relo The measures eligible for aid under this scheme are investments cating from an extensification area to an agricultural devel in physical assets (buildings, machinery and equipment) which opment area focus on reducing pollution or increasing animal welfare.

Name and address of the granting authority: In all cases, the measures must go beyond the statutory requirements under the Wet milieubeheer (Environmental Management Act), the legislation on manure, odour and All municipalities in the province of North Brabant that issue a ammonia or the animal-welfare legislation, in particular the call for applications for the aid scheme in accordance with the Gezondheids- en welzijnswet voor dieren (Animal Health and model. Welfare Act) and its implementing provisions. This requirement complies with the condition set in Article 4(2)(e) of Regulation (EC) No 1857/2006, namely that investments must be aimed at For further information, please contact: achieving standards that go beyond the minimum Community standards, as set out, for example, in the IPPC Directive, which Provincie Noord-Brabant applies to large livestock holdings and requires the use of the Brabantlaan 1 best available environmental techniques. For ammonia, the Postbus 90151 Directive has been transposed by the Dutch Besluit ammoniake 5200 MC, ‘s-Hertogenbosch missie huisvesting veehouderij (Ammonia Emissions Decree for NEDERLAND Livestock Housing) (Bulletin of Acts, Orders and Decrees 2005, 675). Also relevant in this respect are Council Directive 1999/74/EC of 19 July 1999 laying down minimum standards Website: for the protection of laying hens, which was transposed by the Dutch Legkippenbesluit 2003 (2003 Decree on laying hens) http://www.brabant.nl/upload/documenten/p/plg/ (Bulletin of Acts, Orders and Decrees 2004, 40), and Council modelverordening%20duurzaamheidsinvesteringen%202008.def. Directive 91/630/EEC of 19 November 1991 laying down pdf minimum standards for the protection of pigs (OJ L 340, 11.12.1991), which was transposed by the Dutch Varkensbesluit (Pigs Decree) (Bulletin of Acts, Orders and Decrees 1994, 577). Other information: Lastly, Council Directive 91/629/EEC of 19 November 1991 laying down minimum standards for the protection of calves (OJ L 340, 11.12.1991), which was transposed by the Dutch This summary information outlines a model for a scheme to Kalverenbesluit (Calves Decree) (Bulletin of Acts, Orders and allow municipalities in the province of North Brabant to grant Decrees 1994, 576), should also be mentioned. aid to agricultural holdings to implement sustainability and animal-welfare measures at farm level in agricultural devel opment areas in the province. By providing this model, the Additionally, aid may also be granted for investment in physical province of North Brabant wishes to establish a uniform assets to improve the aesthetic quality of the farm buildings or framework for granting the aid in question and to ensure that make energy savings in farm management. it is not necessary for each individual municipality to submit a notification after adopting the scheme in accordance with this model in order to be eligible for an exemption pursuant to Regulation (EC) No 1857/2006. In addition to the costs of the measure itself, the associated costs of consultancy, studies, etc. are also eligible for aid. As shown above, the model scheme complies with Article 4(1) to (3) of Regulation (EC) No 1857/2006. It also complies with To be eligible for aid, the applicant must submit an investment the remaining paragraphs of Article 4: plan to the municipal body responsible. That plan must show the measures envisaged by the applicant, the extent to which those measures are intended to reduce pollution beyond the Paragraph 4: it is guaranteed that investments may relate only (Community) statutory requirements or to increase animal to the activities and costs set out in this paragraph (see welfare above the (Community) statutory requirements, any Article 3(4) of the scheme); improvement of the aesthetic quality of farm buildings or energy savings and the costs involved. The investment plan makes it possible to determine the eligible costs. Measures Paragraph 5: aid will not be granted to agricultural holdings relating to intensive livestock holdings should seek to tie in which are in difficulty (see Article 4(2)(d) of the scheme); 7.7.2009 EN Official Journal of the European Union C 154/9

Paragraph 6: the scheme does not provide for aid in contra here. The answer to that question is that there is no overlap vention of any prohibitions or restrictions laid down in Council whatsoever, as the activities for which aid is granted under the Regulations establishing common organisation of the markets; VIV scheme are of an entirely different nature to the investments covered by this model scheme.

Paragraph 7: the aid is open to all agricultural sectors, although Verplaatsingsregeling grondgebonden agrarische bedrijven (VGAB), no aid will be granted for the purchase of production rights, notification XA 84/2007: This scheme provides for grants for animals and annual plants; the planting of annual plants; the relocation of land-based holdings. The intention is for the drainage works or irrigation equipment and irrigation works; vacated land to be sold to the government, thus making it or replacement investments (see Articles 2, 3(4) and 4(1) and available for nature- and water-related uses (nature reserves, (3) of the scheme); flood-water storage areas, etc.). As regards any overlap between the VGAB scheme and the model scheme under consideration here, the situation is the same as for the VIV Paragraph 8: aid will not be granted for a purchase of land scheme, that is to say there is no overlap whatsoever, as the other than land for construction purposes (see Article 4(4) of activities for which aid is granted under the VGAB scheme are the scheme); of an entirely different nature to the investments covered by this model scheme. Furthermore, agricultural development areas, which are precisely the areas for which this model scheme is intended, do not generally constitute attractive settlement sites Paragraph 9: the maximum aid amount will be complied with for land-based agricultural holdings, as plots of land in those (see Article 5(4) and (5) of the scheme); areas are relatively small and land prices relatively high.

Paragraph 10: aid will not be granted for the manufacture of products which imitate or substitute for milk and milk products (see Article 4(5) of the scheme).

Aid No: XA 63/09 For the sake of clarity, it should be pointed out that there are no agricultural holdings in North Brabant that exceed the size Member State: Cyprus limit for small and medium-sized enterprises (250 employees).

Region: Cyprus Lastly, a few remarks are set out below on how this model scheme relates to some other aid schemes in the province of Title of aid scheme or name of company receiving an indi North Brabant vidual aid: Σχέδιο χορηγιών για εξοικονόμηση ενέργειας και ενθάρρυνση της χρήσης των ανανεώσιμων πηγών ενέργειας (2009-2013) για φυσικά και νομικά πρόσωπα καθώς και φορείς Subsidieregeling Duurzame Landbouw in Noord-Brabant, notification του δημόσιου τομέα που ασκούν οικονομική δραστηριότητα XA 220/2008: This scheme provides for provincial grants for projects that contribute to making agriculture sustainable in the province of North Brabant and is primarily intended for Legal basis: pilot projects. The model scheme under consideration here provides for municipal grants for investment in sustainability Απόφαση Υπουργικού Συμβουλίου με ημερομηνία 30.12.2008 and animal welfare in agricultural development areas. In theory, some overlap between the two schemes cannot be Annual expenditure planned under the scheme or overall entirely ruled out, but would not lead to too much State aid amount of individual aid granted to the company: being granted, as both the provincial sustainability scheme and the model scheme for municipalities have anti-cumulation EUR 75 million provisions.

Maximum aid intensity: 35 %. Verplaatsingsregeling intensieve veehouderij (VIV, 2005), notification XA 62/2005: This scheme provides for compensation for the Date of implementation: 11.3.2009. The measure will only relocation of intensive livestock holdings to sustainable enter into force if it is accepted by the Commission under locations. That compensation consists of reimbursement of Regulation (EC) No 1857/2006 and aid will not be granted the corrected replacement value of the farm buildings retroactively demolished at the old site, reimbursement of the demolition costs for the old site and the new site and reimbursement of consultancy fees. A sustainable location as defined in the VIV Duration of scheme or individual aid award: 31.12.2013 scheme may or may not lie within an agricultural development area. For holdings that are being relocated to a site in an agri cultural development area, the question may arise as to how the Objective of aid: Investment in agricultural holdings (Article 4 VIV scheme relates to the model scheme under consideration of Regulation (ΕC) No 1857/2006) C 154/10 EN Official Journal of the European Union 7.7.2009

Sector(s) concerned: NACE code: A — Agriculture, forestry — enterprises which are considered to be in difficulty within and fishing the meaning of the Community guidelines on State aid for rescuing and restructuring firms in difficulty (OJ C 244 of 1.10.2004, p. 2), Name and address of the granting authority:

— investment which, in accordance with Article 4(4)(a) of Regulation (EC) No 1857/2006, is aimed at the simple Ypiresia Energias replacement of machinery or equipment. Ypouryio Emboriou Viomihanias kai Tourismou 1421, Nicosia CYPRUS Eligible expenditure under the measure covers the following:

Website: — the purchase of new machinery or equipment and the related installation expenditure, http://www.cie.org.cy/sxedia%202009/sxedio%20 nomika2009-2013.pdf — the cost of a study where this is required in order to be awarded the aid, subject to the limitations set out in the relevant application forms, Other information:

— in the ‘use of biomass’ category, the measure covers The main purpose of the measure is to provide incentives in the investment relating to the purchase and installation of form of investment aid for energy saving and the promotion of new machinery and equipment, the acquisition of renewable energy sources. materials or land for construction, or the construction of buildings. In the case of a purchase of land which is essential to achieve the desired aims, the grant ceiling is Investments may be undertaken by enterprises active in all EUR 85 000 with a maximum price of EUR 20 per square sectors of the economy except for fisheries and aquaculture metre. As regards farm buildings, the grant ceiling is and except for large enterprises involved in the primary EUR 85 000 with a maximum price of EUR 255 per production of agricultural products. In addition to aid granted constructed square metre. The purchase of land for under Regulation (EC) No 1857/2006, the measure will also construction is not allowed and in any event grants for provide aid under Regulation (EC) No 800/2008 and de the purchase of land may not exceed 10 % of the eligible minimis aid under Regulation (EC) No 1998/2006. For aid expenditure. granted under Regulation (EC) No 800/2008, the summary information, which is a legal requirement for applying the exempted aid scheme in the sector concerned, must be duly Simple replacement never constitutes eligible expenditure. submitted.

In the area of energy saving, where new machinery or systems Under Regulation (EC) No 1857/2006, aid may only be granted used to produce, transport, distribute and use energy are to small and medium-sized enterprises active in the primary purchased and installed, and provided the new machinery or production of agricultural and stock-rearing products. Aid systems, owing to new technology, modern design or a change under Regulation (EC) No 1857/2006 is granted to those enter in the method of operation, lead to energy savings of at least prises which use the most energy generated from renewable 10 % at the place of operation compared to conventional energy sources (more than 50 %) for the needs of their agri machinery or systems of the same type and capacity: cultural holdings. Enterprises selling most of the energy which they generate to a third party will not receive aid under Regu lation (EC) No 1857/2006 but are entitled to regional or de the grant amount is calculated as a percentage of the difference minimis aid. between the cost of purchasing and installing new machinery or systems and the cost of purchasing and installing conventional machinery or systems, using the following formula: The following are not entitled to receive aid under Regulation Ε Κn Κc 30 % (EC) No 1857/2006: ¼ ð Ä Þ Ü

— large enterprises, Where Ε = grant amount

— enterprises manufacturing products which imitate or Κn = cost of purchasing and installing new machinery or substitute for milk and milk products, systems 7.7.2009 EN Official Journal of the European Union C 154/11

Κc = cost of purchasing and installing conventional machinery Name and address of the granting authority: or systems

In the event of a purchase of machinery or systems with incor Maa- ja metsätalousministeriö porated energy saving modules leading to energy savings of at PL 30 least 10 % at the place of operation compared to conventional FI-00023 Valtioneuvosto machinery or systems: SUOMI/FINLAND the grant amount is calculated as a percentage of the cost of the Website: energy saving modules which are incorporated in the machinery or systems to be installed. http://www.laatuketju.fi/laatuketju/www/fi/hankkeet/index.php http://www.finlex.fi/fi/laki/ajantasa/2001/20010688 http://www.finlex.fi/fi/laki/alkup/2008/20080638 Aid No: XA 88/09 Other information: Member State: Finland

The aid is granted and administered by the Ministry of Agri Region: Whole country culture and Forestry. The aid amounts to EUR 1,8 million per year, i.e. a total of EUR 9 million in the years 2009 to 2013 Title of aid scheme or name of company receiving an indi inclusive. Aid can be granted for national development projects vidual aid: Elintarviketalouden laatujärjestelmien kehittäminen implementing the food quality strategy coordinated by the Ministry of Agriculture and Forestry. Legal basis: The projects must improve the competitiveness of the food Valtionavustuslaki (688/2001), industry, strengthen its social accountability (including the development of traceability systems and compliance with Valtioneuvoston asetus elintarviketalouden laatujärjestelmien ethics policies) and increase consumer awareness of the food kehittämisen avustamisesta (638/2008) industry's activities.

Annual expenditure planned under the scheme: A project may be implemented in the form of measures either to improve the quality of agri-food products or operations or to EUR 1,8 million/year. The aid will apply in the years 2009- foster agri-food value chains, examples being information 2013 provision, studies, training and advice for agricultural producers or the organisation of information exchanges Maximum aid intensity: The 100 % aid intensity provided for between those working in the agri-food industry. Project under Community rules is limited by Section 6 of the Finnish target groups can include agricultural producers, consumers or Act on Discretionary Government Transfers, under which those involved in the food business such as professional payment of full compensation is possible only where justifiable kitchens, educational institutions, the media and nutrition and necessary to achieve the aid's objectives experts. The final beneficiary is a farmer deemed to be an SME engaged in primary production. Date of implementation: 1.4.2009 The aid works in such a way that the beneficiaries (registered Duration of scheme: Until 31.12.2013 associations and organisations, companies, research institutes, government authorities and other public bodies) use the Objective of aid: support provided to implement national projects often of benefit to the entire food chain. For example, projects The aid is granted to registered associations and organisations, publicising the work undertaken to improve product quality as well as to companies, research institutes, government auth in a given production sector may target consumers. In orities or other public-sector bodies. The final beneficiary is a addition to consumers, however, a project may indirectly farmer deemed to be an SME engaged in primary production. benefit the farmers producing the products in question. This kind of information can increase confidence in both production and the product while at the same time increasing the product's The scheme comes under Article 15(2)(a), (c), (d) and (e) of value, so indirectly increasing its consumption. Regulation (EC) No 1857/2006

Sector(s) concerned: Projects must not mention a product's origin, individual products or brands and they must comply with the Act on NACE code: A1 — Crop and animal production, hunting and Discretionary Government Transfers. These measures are related service activities; Annex I goods designed to ensure that there is no distortion of competition. C 154/12 EN Official Journal of the European Union 7.7.2009

The 100 % aid intensity provided for under Community rules is — publicity for professional kitchens (canteens in schools or limited by Section 6 of the Finnish Act on Discretionary other similar establishments), e.g. matters relating to the Government Transfers, under which payment of full compen purchase of locally sourced products. sation is possible only where justifiable and necessary to achieve the aid's objectives Publicity may also require various background studies such as strategy work, market research or study tours. Publicity:

Publicity may not include advertising. Training:

Training for producers of agricultural products may involve, for The following activities constitute authorised publicity: example, hygiene training for berry pickers during which they become familiar with good hygiene practice for picking and — press articles and releases (e.g. on new ways to ensure the transport. It may also cover, for instance, animal health welfare of domestic animals or on electronic data exchange inspection and electronic recording. systems for monitoring the production of agricultural prod ucts), Exchange of information: — briefings, seminars, visits and exhibitions on topical subjects Exchanges of information may involve the organisation of pres relating to agri-food production for food, consumer or entations, competitions or other activities promoting the financial journalists and schools, exchange of information between food-industry operators, and participation therein. — the development of websites and online study materials, which may also be in printed form (e.g. hygiene requirements for berry picking, ensuring that cereals are Advice: disease-free, animal welfare provisions, farming practices consistent with sustainable development or consumer The aid may also be granted to advisory services for producers rights and expectations), and of agricultural products.