Commission Regulation (EC) No 257/2009 of 24 March 2009 amending Regulation (EC) No 794/2004 as regards the supplementary information sheet for notification of aid to fisheries and aquaculture (Text with EEA relevance)

• Published date: 27 March 2009
• Subject Matter: Competition,State aids
• Official Gazette Publication: Official Journal of the European Union, L 81, 27 March 2009

27.3.2009 EN Official Journal of the European Union L 81/15

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COMMISSION REGULATION (EC) No 257/2009

of 24 March 2009

amending Regulation (EC) No 794/2004 as regards the supplementary information sheet for notification of aid to fisheries and aquaculture

(Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 659/1999 of 22 March 1999 laying down detailed rules for the application of Article 93 of the EC Treaty (1), and in particular Article 27 thereof,

After consulting the Advisory Committee on State Aid,

Whereas:

(1) Following the adoption by the Commission of new Community guidelines for the examination of State aids to fisheries and aquaculture (2), the supplementary information sheet contained in Part III.14 of Annex I to 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 (3) should be replaced by a new supplementary information sheet in line with the framework in force.

(2) Regulation (EC) No 794/2004 should therefore be amended accordingly,

HAS ADOPTED THIS REGULATION:

Article 1

Part III.14 of Annex I to Regulation (EC) No 794/2004 is replaced by the Annex to this Regulation.

Article 2

This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 24 March 2009.

For the Commission

Joe BORG

Member of the Commission

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(1) OJ L 83, 27.3.1999, p. 1.

(2) OJ C 84, 3.4.2008, p. 10.

(3) OJ L 140, 30.4.2004, p. 1.

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ANNEX

‘PART III.14

SUPPLEMENTARY INFORMATION SHEET FOR AID TO FISHERIES AND AQUACULTURE

This supplementary information sheet must be used for the notification of any aid scheme or individual aid covered by Guidelines for the examination of State aid to fisheries and aquaculture (the Guidelines).

OBJECTIVES OF THE SCHEME or AID (tick as appropriate and insert the required information):

This Section follows the order of the subparagraphs of paragraph 4 of the Guidelines: “Aid which may be declared compatible”.

 Point 4.1 of the Guidelines: Aid for measures of the same kind as those covered by a block exemption Regulation

General remarks concerning this kind of aid

Two block exemption regulations are in force: Commission Regulation (EC) No 736/2008 (1) which applies to the fisheries and aquaculture sector and Commission Regulation (EC) No 800/2008 (2) which is the general exemption regulation applying to all sectors.

Therefore, such aid should not in principle be notified.

However, according to recital 6 of Regulation No 736/2008 and recital 7 of Regulation No 800/2008, these regulations should be without prejudice to the possibility for Member States of notifying State aid, the objectives of which correspond to objectives covered by these Regulations.

In addition, the following kinds of aid cannot benefit from the exemption provided by Regulations (EC) No 736/2008 and (EC) No 800/2008: aid exceeding specified ceilings, as referred to in Article 1(3) of Regulation (EC) No 736/2008 or in Article 6 of Regulation (EC) No 800/2008, or having specific characteristics, in particular aid granted to undertakings other than SMEs, aid to undertakings in difficulty, non-transparent aid, aid for an undertaking which is subject to an outstanding recovery order following a Commission decision declaring an aid incompatible with the common market.

Characteristics of the aid notified

	Aid of the same kind as aid covered by Regulation (EC) No 736/2008
	Aid of the same kind as aid covered by Regulation (EC) No 800/2008
	Aid exceeding the ceiling specified
	Aid granted to undertakings other than SMEs
	Aid which is not transparent
	Aid for

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