Category Archives: Competition in agriculture and fisheries

ANTITRUST LAWS
Application of certain EU competition rules to agricultural products
STATE AID LEGISLATION
Agriculture
State aid in the agriculture sector
Aid to small and medium-sized enterprisesArchives
Fisheries
State Aid: Guidelines
De minimis aid for the fisheries sector
State aid for SMEs in the fisheries sector
Improving the economic situation in the fishing industry
See also: ministry of agriculture and fisheries, department of agriculture and fisheries, agriculture fisheries and forestry,
agriculture and fisheries council, agriculture fisheries and food

Competition

Competition

Competition Contents

  • Rules applicable to firms: Agreements, Abuse of dominant positions, Mergers
  • Rules applicable to state aid: Plan of action, State aid scoreboard, Exemption by category, State aid to services of general economic interest, Regional aid
  • Rules applicable to specific sectors:  Agriculture, Energy, Postal services, Telecommunications, Transport
  • Competition: international dimension and enlargement: Bilateral agreements, Enlargement, Candidate countries

European Union Institutions and Bodies in relation to Competition

  • European Parliament: Committee on internal market and consumer protection
    Committee on economic and monetary affairs
  • Council of the European Unión: Competitiveness: internal market, industry and research
  • European Commission: Competition
  • European Economic and Social Committee: Single market, production and consumption section
  • Committee of the Regions: Commission for economic and social policy (ECOS)

Enactments

Article 101 (competition) of the Treaty on the Functioning of the European Union (ex Article 81 TEC)

1. The following shall be prohibited as incompatible with the internal market: all agreements
between undertakings, decisions by associations of undertakings and concerted practices which may affect trade between Member States and which have as their object or effect the prevention, restriction or distortion of competition within the internal market, and in particular those which:
(a) directly or indirectly fix purchase or selling prices or any other trading conditions;
(b) limit or control production, markets, technical development, or investment;
(c) share markets or sources of supply;
(d) apply dissimilar conditions to equivalent transactions with other trading parties, thereby placing them at a competitive disadvantage;
(e) make the conclusion of contracts subject to acceptance by the other parties of supplementary obligations which, by their nature or according to commercial usage, have no connection with the subject of such contracts.
2. Any agreements or decisions prohibited pursuant to this Article shall be automatically void.
3. The provisions of paragraph 1 may, however, be declared inapplicable in the case of:
— any agreement or category of agreements between undertakings,
— any decision or category of decisions by associations of undertakings, — any concerted practice or category of concerted practices, which contributes to improving the production or distribution of goods or to promoting technical or economic progress, while allowing consumers a fair share of the resulting benefit, and which does not:
(a) impose on the undertakings concerned restrictions which are not indispensable to the attainment of these objectives;
(b) afford such undertakings the possibility of eliminating competition in respect of a substantial part of the products in question.

Article 107 of the Treaty on the Functioning of the European Union (ex Article 87 TEC)

1. Save as otherwise provided in the Treaties, any aid granted by a Member State or through State resources in any form whatsoever which distorts or threatens to distort competition by favouring certain undertakings or the production of certain goods shall, in so far as it affects trade between Member States, be incompatible with the internal market.
2. The following shall be compatible with the internal market:
(a) aid having a social character, granted to individual consumers, provided that such aid is granted without discrimination related to the origin of the products concerned;
(b) aid to make good the damage caused by natural disasters or exceptional occurrences;
(c) aid granted to the economy of certain areas of the Federal Republic of Germany affected by the division of Germany, in so far as such aid is required in order to compensate for the economic disadvantages caused by that division. Five years after the entry into force of the Treaty of Lisbon, the Council, acting on a proposal from the Commission, may adopt a decision repealing this point.
3. The following may be considered to be compatible with the internal market:
(a) aid to promote the economic development of areas where the standard of living is abnormally low or where there is serious underemployment, and of the regions referred to in Article 349, in view of their structural, economic and social situation;
(b) aid to promote the execution of an important project of common European interest or to
remedy a serious disturbance in the economy of a Member State; (c) aid to facilitate the development of certain economic activities or of certain economic areas,
where such aid does not adversely affect trading conditions to an extent contrary to the common interest;
(d) aid to promote culture and heritage conservation where such aid does not affect trading
conditions and competition in the Union to an extent that is contrary to the common interest;
(e) such other categories of aid as may be specified by decision of the Council on a proposal from the Commission.

Article 109 (procedure for adopting implementing rules for competition) (ex Article 89 TEC)

The Council, on a proposal from the Commission and after consulting the European Parliament, may make any appropriate regulations for the application of Articles 107 and 108 and may in particular determine the conditions in which Article 108(3) shall apply and the categories of aid exempted from this procedure.

Competition in agriculture and fisheries

Competition in agriculture and fisheries

Outline of the Community (European Union) legislation about Competition in agriculture and fisheries

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Competition > Rules applicable to specific sectors > Competition in agriculture and fisheries

Competition in agriculture and fisheries

ANTITRUST LAWS

  • Application of certain EU competition rules to agricultural products

STATE AID LEGISLATION

Agriculture

  • State aid in the agriculture sector
  • Aid to small and medium-sized enterprises

Fisheries

  • State Aid: Guidelines
  • De minimis aid for the fisheries sector
  • State aid for SMEs in the fisheries sector
  • Improving the economic situation in the fishing industry

Aid to small and medium-sized enterprises

Aid to small and medium-sized enterprises

Outline of the Community (European Union) legislation about Aid to small and medium-sized enterprises

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Competition > Rules applicable to specific sectors > Competition in agriculture and fisheries

Aid to small and medium-sized enterprises

Small and medium-sized enterprises (SMEs) play a decisive role in job creation and, more generally, in enhancing social stability and boosting economic dynamism. However, the modest resources available to them may limit their development. The regulation presented here is designed to help develop their economic activities by exempting from the prior notification requirement state aid to SMEs that is compatible with competition rules.

Document or Iniciative

Commission Regulation (EC) No 70/2001 of 12 January 2001 on the application of Articles 87 and 88 of the EC Treaty to state aid to small and medium-sized enterprises [See amending acts].

Summary

In line with Regulation (EC) No 994/98, which enables the European Commission to grant exemptions to certain categories of state aid, the regulation presented here recognises the role played by small and medium-sized enterprises (SMEs) in creating jobs and economic dynamism in Europe and exempts them from the prior notification requirement where the granting of state aid is concerned.

In view of the difficulties which SMEs may face in gaining access to the new technologies and to technology transfers, the Commission has amended Regulation (EC) No 70/2001 by means of Regulation (EC) No 364/2004. As a result, it will now be possible to set higher ceilings for the exemption of aid to SMEs for research and development purposes. This does not apply to large enterprises, for which the Community framework for state aid to research and development will continue to be used.

The Regulation refers to the definition of “SMEs” used in the Commission recommendation of 3 May 2003.

Scope

The Regulation covers aid granted by a Member State to SMEs, without prejudice to the specific rules laid down by certain regulations and directives on state aid in given sectors such as shipbuilding, but it does not apply to the agriculture, fishing and/or aquaculture and coalmining sectors.

As regards agriculture, SMEs engaged in processing and marketing agricultural products are now covered by the Regulation. However, SMEs active in primary agricultural production are covered by Regulation (EC) No 1857/2006.

Aid for investment

6. SMEs may be granted aid for investment. The investment may be made:

  • in areas which do not qualify for regional aid under Article 87(3)(a) and (c) of the EC Treaty; in this case, the aid intensity may not exceed 15% for small enterprises and 7.5% for medium-sized enterprises;
  • in areas which qualify for regional aid under Article 87(3) (c) of the EC Treaty; in this case, the ceiling for investment aid determined in the regional aid map authorised by the Commission applies and may be increased by ten percentage points, provided that the total net aid intensity does not exceed 30%;
  • in areas which qualify for regional aid under Article 87(3)(a) of the EC Treaty; in this case, the ceiling for investment aid determined in the regional aid map authorised by the Commission applies and may be increased by fifteen percentage points, provided that the total net aid intensity does not exceed 75%.

To find out which regions are covered by Article 87(3)(a) and (c) of the EC Treaty, read the guidelines on regional aid.

The amount of the aid, calculated either as a percentage of eligible investment costs or as a percentage of the wage costs of employment created, may be increased if the aid is maintained in the beneficiary’s region for at least five years and if the beneficiary contributes at least 25% of its funding.

Aid to consultancy services and other services and activities

Under the Regulation, SMEs may be granted aid for consultancy and other services (such services do not constitute a permanent or regular activity and are not connected with the enterprise’s ordinary running costs) and other activities (such as participation in trade fairs and shows) for up to 50% of the costs.

Aid to research and development

Provided that certain criteria are met, aid to research and development that meets the conditions outlined above is exempted from the notification requirement, provided that the aid intensity, calculated on the basis of the project’s eligible costs, does not exceed:

  • 100% for fundamental research;
  • 60% (70% maximum if particular conditions are met) for industrial research;
  • 35% (50% maximum if particular conditions are met) for pre-competitive development.

The definitions of “fundamental research”, “industrial research” and “pre-competitive development” may be found in the Community framework for state aid for research and development.

The amount of aid, which may include staff costs and the costs of materials and research instruments, can be increased by 10% under certain conditions.

Aid for technical feasibility studies

Aid for technical feasibility studies preceding industrial research activities or pre-competitive development activities are exempted from the notification requirement, provided that the gross aid intensity, calculated on the basis of the costs of these studies, does not exceed 75%.

Aid to cover the costs of obtaining licences

Aid to cover the costs of obtaining and validating licences and other industrial property rights is exempted from the notification requirement up to an amount equivalent to that of the aid to research and development which could have been allocated to the research activities leading to the award of the industrial property rights in question.

Conditions for exemption from the notification requirement

The Regulation does not exempt state aid exceeding:

  • total eligible costs of more than EUR 25 million for aid for investment, consultancy services, research and development, technical feasibility studies and licence costs;
  • gross aid of more than EUR 15 million for aid for investment and consultancy services;
  • gross aid of more than EUR15 million for aid for research and development, technical feasibility studies and licence costs;
  • total eligible costs of more than EUR 40 million and gross aid for Eureka projects of more than EUR 10 million.

Exempted aid may not be cumulated with other state aid where such cumulation results in an aid intensity exceeding that fixed by the Regulation. The percentages allowed cover all national or Community aid. All aid over and above the ceilings or amounts mentioned must be notified to the Commission.

To be granted exemption, interested SMEs must apply to the Member State concerned before starting work.

Transparency and monitoring

To ensure effective monitoring and sufficient transparency, the Commission requires Member States:

  • to forward it a summary of the information on an aid scheme within twenty days of its implementation (Annex II);
  • to keep detailed records on aid schemes exempted by the Regulation;
  • to compile an annual report on the application of the Regulation (Annex III).

The notifications of aid to research and development pending on 19 March 2004 are still being assessed in the context of the Community framework for state aid to research and development, whilst all the other notifications pending are assessed in the light of the Regulation’s provisions.

Timeframe

The validity of Regulation (EC) No 70/2001 has been extended once until 31 December 2007 by Regulation (EC) No 1040/2006 and again until 30 June 2008 by Regulation (EC) No 1976/2006.

References

Act Entry into force – Date of expiry Deadline for transposition in the Member States Official Journal
Regulation (EC) 70/2001 02.02.2001 OJ L 10 of 13.01.2001
Amending act(s) Entry into force Deadline for transposition in the Member States Official Journal
Regulation (EC) No 364/2004 19.03.2004 OJ L 63 of 28.02.2004
Regulation (EC) No 1040/2006 28.07.2006 OJ L 187 of 08.07.2006
Regulation (EC) No 1976/2006 24.12.2006 OJ L 368 of 23.12.2006

Related Acts

Commission Regulation (EC) No 1857/2006 of 15 December 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 [Official Journal L 358 of 16.12.2006].

This summary is for information only. It is not designed to interpret or replace the reference document, which remains the only binding legal base.

State Aid: Guidelines

State Aid: Guidelines

Outline of the Community (European Union) legislation about State Aid: Guidelines

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Competition > Rules applicable to specific sectors > Competition in agriculture and fisheries

State Aid: Guidelines

Document or Iniciative

Guidelines for the examination of State aid to fisheries and aquaculture [Official Journal C 84, 3.4.2008].

Summary

State aid is in principle prohibited by the Treaty establishing the European Community because it is likely to result in unfair competition in the internal market. Nevertheless, derogations may be granted. For the purpose of these Guidelines on fisheries and aquaculture, the derogations are administered by the Commission.

These Guidelines apply to the fisheries sector and to the activities linked to harvesting aquatic resources and aquaculture, as well as to the production, processing and marketing methods used for the resulting products.

These Guidelines cover all measures which constitute aid within the meaning of Article 87 (1) of the EC Treaty, whatever their form and whether they are directly or indirectly financed by public funds.

To benefit fisheries and aquaculture, the rules on State aid set out in Articles 87 to 89 of the EC Treaty do not apply to financial contributions made by Member States to operations co-financed by the European Fisheries Fund (EFF) and provided for as part of an operational programme.

The Member States are obliged to notify the Commission of any State aid they plan to grant so that the Commission can ensure that the proposed aid is compatible with Community rules. Government aid must be in accordance with the objectives of the Competition Policy and those of the Common Fisheries Policy (CFP). The aid may not be protective in nature and it may not be granted for activities that the beneficiary has already begun.

Aid that meets the criteria set by the exemption Regulation which is due to be adopted in the near future (to replace Regulation No 1595/2004 which expired on 31.12.2006), as well as aid for training, research or employment, may be exempted from the notification obligation.

The Member State must supply information on the amount and intensity of the aid. Aid schemes must be limited in duration to a maximum of 10 years. Two months before this expiry date, an application may be made to extend the scheme. In this case, the Member State must give reasons and must re-notify the scheme. If it becomes apparent that the beneficiary of the aid scheme is not complying with the rules of the CFP, the grant must be reimbursed in proportion to the gravity of the infringement.

The Commission states that State aid for the export of or trade in fishery products within the Community, as well as operating aid, is in principle incompatible with the internal market.

The Guidelines on regional aid do not apply to fisheries and aquaculture.

The following are compatible with the common market:

  • Aid for measures covered by an exemption Regulation;
  • Aid falling within the scope of certain horizontal guidelines (rescue and restructuring of firms in difficulty);
  • Aid for the equipment and modernisation of fishing vessels is incompatible with the common market unless it is granted to boats that are five years old or older and is intended to improve on-board safety, working conditions, hygiene, product quality, energy efficiency or selectivity, without increasing the fishing vessel’s catch potential. It must not exceed the overall rate set by Annex II of Regulation (EC) No 1198/2006;
  • Aid to repair damage caused by natural disasters or other exceptional occurrences;
  • Tax relief and labour-related costs for fishing vessels fishing for tuna or tuna-like species which operate outside Community waters;
  • Aid financed through parafiscal charges;
  • Special aid for the outermost regions;
  • Aid that makes it possible to take other measures which clearly contribute to achieving the goals of the Common Fisheries Policy.

These Guidelines will apply as from 1 April 2008 to any State aid notified after this date.

State aid for SMEs in the fisheries sector

State aid for SMEs in the fisheries sector

Outline of the Community (European Union) legislation about State aid for SMEs in the fisheries sector

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Competition > Rules applicable to specific sectors > Competition in agriculture and fisheries

State aid for SMEs in the fisheries sector

Document or Iniciative

Commission Regulation (EC) No 736/2008 of 22 July 2008 on the application of Articles 87 and 88 of the Treaty to State aid to small and medium-sized enterprises active in the production, processing and marketing of fisheries products.

Summary

This Regulation applies to aid granted to small and medium-sized enterprises (SMEs) in the fisheries sector. This aid is exempt from a case-by-case assessment on the condition that it complies with the previsions of the European Fisheries Fund (EFF) and the fisheries guidelines .

The categories of aid exempted pursuant to this Regulation are:

  • aid for cessation of fishing activities;
  • aid for financing socioeconomic measures;
  • aid for productive investments in aquaculture;
  • aid for aqua-environmental measures;
  • aid for public health and animal health measures;
  • aid for inland fishing;
  • aid for processing and marketing fisheries products and aquaculture;
  • aid for collective actions. This aid is for the financing of measures of common interest which are supported by operators, producer organisations or other organisations recognised by the Member States.
  • aid for measures intended to protect and develop aquatic fauna and flora;
  • aid for investments in fishing ports, landing sites and shelters;
  • aid for development of new markets and promotional campaigns;
  • aid for pilot projects;
  • aid for modification for reassignment of fishing vessels;
  • aid for technial assistance.

This Regulation does not cover:

  • aid the amount of which is fixed on the basis of price or quantity of products put on the market;
  • aid to export-related activities;
  • aid favouring domestic products over imported products;
  • aid granted to undertakings in difficulty to rescue and restructure them;
  • aid granted to an undertaking which is subject to an outstanding recovery order following a decision by the Commission declaring an aid illegal and incompatible with the common market.

Member States must ensure that the aid it wishes to grant does not affect trading conditions in a way contrary to the general interest. Aid granted is not subject to the notification requirement of Article 88, paragraph 3 of the Treaty establishing the European Community (EC Treaty). However, Member States must send a form of summary information detailed in Annex I of this Regulation in electronic format to the Commission for publication in the Official Journal of the European Union.

The amount of aid cannot exceed a maximum of EUR 1 million per beneficiary, per year or EUR 2 million per eligible project.

Cumulation of exempted aid under this Regulation with other aid of the same type is possible if the cumulated aid concerns different eligible costs within the maximum amounts detailed above.

Only aid with an incentive effect will benefit from the exemption of the aforementioned Regulation. Aid has an incentive effect when it enables beneficiaries to carry out activities or projects which they would not have undertaken under normal market conditions. For the incentive effect to be recognised, the beneficiary must submit an application for aid before the launch of the project or activities start.

Each year Member States must send a report in electronic format to the Commission. The information submitted must enable the Commission to verify that the exempted aid complies with transparency and exemption criteria.

References

Act

Entry into force – expiry date

Deadline for transposition into the Member States

Official Journal

Regulation (EC) No 736/2008

18.8.2008 – 31.12.2013

OJ L 201 of 30.7.2008

Improving the economic situation in the fishing industry

Improving the economic situation in the fishing industry

Outline of the Community (European Union) legislation about Improving the economic situation in the fishing industry

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Competition > Rules applicable to specific sectors > Competition in agriculture and fisheries

Improving the economic situation in the fishing industry

Document or Iniciative

Communication from the Commission to the Council and the European Parliament of 9March 2006 on improving the economic situation in the fishing industry [COM(2006) 103 final – Not published in the Official Journal].

Summary

In the last few years, the economic situation of many fishing businesses has deteriorated as a result of:

Stagnating or even falling market prices, partly owing to an increase in imports and the development of aquaculture, but primarily because of the concentration of sales in big distribution chains and greater competition between fish and other food products.

Lower fishing yields, because the reduction in fishing capacity has not kept pace with the reduction in fishing quotas for the main demersal and benthic species since the mid 1990s. Reducing vessel tonnage and engine power has failed to stabilise the situation, as this reduction has been offset by the steady increase in the efficiency of fishing vessels, resulting in widespread overfishing. According to an assessment carried out by the International Council for the Exploration of the Sea (ICES), for most of the stocks assessed, overfishing is running at two to five times the level that would generate the maximum sustainable yield. *

An increase in fuel prices between 2003 and 2005, which particularly affected vessels with towed gear. Fuel costs can account for as much as 36 % of the value of landings and can mean operating at a loss. Consequently, crew members who are paid a share of the income generated by the catch have also suffered a loss of income.

At the moment, businesses targeting demersal species and using towed gear are hardest hit.

In the short term, Member States could help fishing businesses facing difficulties by granting aid in accordance with the Guidelines on State aid for rescuing and restructuring firms in difficulty.

Rescue aid

Rescue aid is intended solely to keep an ailing business financially afloat for long enough to give it time to look into the possibility of restructuring. It must last no longer than six months, and takes the form of a loan or guarantee, which may be repaid using the support subsequently received in the form of restructuring aid.

Restructuring aid

The Guidelines for the examination of State aid to fisheries and aquaculture allow State aid for modifying, modernising and equipping fishing vessels, subject to the same conditions that apply to Community aid granted under the FIFG.

Other types of aid for modernising and equipping fishing vessels may be allowed in accordance with the Community Guidelines on State aid to firms in difficulty. However, Member States would have to obtain the Commission’s approval for this. Aid should be limited to the minimum necessary, and restructuring must be based on realistic economic assumptions, which form the starting point for a restructuring plan. Furthermore, profitability must be ensured by reducing costs without increasing current overall fishing effort or capacity. The Commission will assess aid for the following investments in fishing vessels on the basis of the extent to which they contribute towards re-establishing the viability of the business concerned:

  • Changing fishing gear for the first time, resulting in a switch to a less fuel-intensive gear;
  • Purchasing equipment to improve fuel efficiency;
  • Replacing the engine with a new engine, which, depending on the size of the vessel and the fishing method, must be either of equal power or less powerful. For trawlers of more than 24 m in overall length, this must be accompanied by a switch to a new, less fuel-intensive fishing method. The Commission will verify the power of new engines of more than 130 kW on the basis of the “NOx certificate”. Any reduction in engine power funded by public aid will be deducted from the national fleet capacity ceilings. If a business operates several vessels, the Commission may agree to apply the reduction in engine power to that business as a whole. Similarly, where national schemes allow for the implementation of a restructuring plan put forward by a group of small and medium-sized enterprises (SMEs), the Commission may decide to apply the reduction to the group as a whole.

During the time needed to implement these investments on board fishing vessels, State aid for temporary cessation of activities is also allowed. Direct aid to subsidise fuel costs would constitute operating aid, which is incompatible with the Treaty. The fishing sector could, however, set up a contingency fund, but for this fund to be approved by the Commission, guarantees would have to be provided that all public aid would be reimbursed.

Member States should notify the Commission of planned rescue and restructuring aid schemes within two years of the publication of the Communication. The Commission will examine them as soon as possible on the basis of the relevant provisions of the applicable Structural Funds. Within two years of the Commission’s approval of a scheme, Member States should issue their administrative decisions.

In the long term, further action is needed to ensure the recovery of fish stocks and build a positive future for the fishing industry.

Improving fisheries management

Fisheries management could be further improved by:

  • Moving towards maximum sustainable yields (MSY). MSYs were adopted by the Johannesburg World Summit on Sustainable Development as a way of achieving stable management of fish stocks by 2015. Furthermore, they would bring economic benefits in terms of predictability of supply and revenue per unit of effort. Since the 2002 reform of the common fisheries policy (CFP), one of its aims has been the recovery of threatened stocks, which is a prerequisite for managing all of the major fisheries at MSY levels (see the Communication on the implementation of MSYs).
  • Ensuring economic management of fisheries. The Commission will publish a Communication on the bearing that the methods used by Member States to allocate fishing rights have on the economic situation of the fleet.
  • Improving governance of the CFP. The 2002 reform of the CFP provided for setting up Regional Advisory Councils (RACs) in order to achieve better compliance with the rules by increasing stakeholders’ involvement in fisheries management. So far, three RACs have been set up and a fourth is in the process of being set up. In 2007, the Commission will look at how to improve the functioning of the RACs.
  • Matching fishing effort to available resources. Overcapacity contributes to overfishing and reduces profitability, which is why it is necessary to decommission some vessels. A number of Member States have already set up decommissioning schemes. Both national and Community aid may be granted for decommissioning fishing vessels or reassigning them to other activities. Member States and the Community should also use the European Fisheries Fund (EFF) for this purpose.

Better compliance with fisheries management rules

In order to ensure fair competition, conservation of resources and the quality of the scientific advice on which the CFP is based, it is important that all fishermen comply with the rules. Steps should be taken to:

  • Strengthen controls. The new Fisheries Control Agency will verify that Member States are implementing fishing Regulations across the European Union (EU).
  • Step up the fight against illegal, unreported and unregulated (IUU) fishing, which some operators have adopted as a commercial strategy. The Commission will ensure that its action plan is implemented in order to deprive these operators of their gains from IUU fishing.

Improving the operation of the market

In order to give fishermen more added value, the Commission will look at new tools to improve the marketing of fish and fish products. It will also ask the Advisory Committee for Fisheries and Aquaculture to draw up a code of conduct for trade within the EU. Eco-labelling schemes could also promote sustainable fishing. The Commission’s recent Communication on this subject should encourage fruitful debate. Member States should use the EFF to improve the quality, added value and marketing of fish products.

Research into sustainable fishing

The Commission will ensure that the annual programmes adopted to implement the Seventh Framework Programme support:

  • Optimising, validating and demonstrating new concepts and new technologies which will enable energy savings to be made.
  • Designing more fuel-efficient fishing gear.
  • Generating renewable energy.
  • Developing and demonstrating new types of biofuels.

Funding

The EFF is available to Member States within the framework of their rescue and restructuring schemes, as well as to help finance fleet adjustment measures and support the necessary social changes in the affected fishing communities. Member States should distribute the financial resources among the different EFF funding priorities, while ensuring that the necessary funds are allocated to fleet adjustment measures in view of the gravity of the economic situation.

Background

Rising fuel prices, coupled with declining fish stocks, have reduced the profitability of the fleet. The Communication identifies the main factors contributing to the economic crisis in the sector, and suggests both short-term and long-term responses to improve the economic situation for fishing businesses by promoting measures designed to restore the balance between fishing capacity and fishing opportunities.

Key terms used in the act
  • Maximum sustainable yield: the maximum catch rate that will ensure sustainable fishing.

Related Acts

Communication from the Commission to the Council and the European Parliament of 4 July 2006 – Implementing sustainability in EU fisheries through maximum sustainable yield [COM(2006) 360 final – not published in the Official Journal].

De minimis aid for the fisheries sector

De minimis aid for the fisheries sector

Outline of the Community (European Union) legislation about De minimis aid for the fisheries sector

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Competition > Rules applicable to specific sectors > Competition in agriculture and fisheries

De minimis aid for the fisheries sector

Document or Iniciative

Commission Regulation (EC) No 875/2007 of 24 July 2007 on the application of Articles 87 and 88 of the EC Treaty to de minimis aid in the fisheries sector and amending Regulation (EC) No 1860/2004.

Summary

Article 87(1) of the Treaty establishing the European Community stipulates that, save as otherwise provided in the Treaty, State aid in any form whatsoever is incompatible with the common market, as it may distort competition.

However, Article 2 of Council Regulation (EC) No 994/98 states that the Commission may decide that certain aids do not meet all the criteria of Article 87. These aids are therefore exempted from the notification procedure.

Therefore, in the same way that the Commission in 2001 adopted the general de minimis Regulation (Commission Regulation (EC) No 69/2001) for all economic sectors other than the transport, agriculture and fisheries sectors, it adopted a joint de minimis Regulation for agriculture and fisheries in 2004 (Commission Regulation (EC) No 1860/2004) and has now adopted one specific to the fisheries sector.

De minimis ceiling

The de minimis ceiling for the fisheries sector is set at EUR 30 000 per three-year period and per beneficiary, on condition that the total amount of such aid granted to undertakings is below 2.5 % of the national annual production of the sector.

Scope

De minimis aid must be transparent aid, in other words aid for which it is possible to calculate precisely in advance the gross grant equivalent without the need to undertake a risk assessment. This is why aid in the form of capital injections or risk capital measures is not transparent aid if the capital injection is above the de minimis ceiling.

The Regulation applies to all undertakings active in the production, processing and marketing of fisheries products.

The Regulation does not apply to:

  • aid of an amount that is fixed on the basis of price or quantity of products put on the market;
  • aid favouring export-related activities;
  • aid contingent upon the use of domestic over imported goods;
  • aid granted to undertakings in difficulty with a view to their rescuing or their restructuring;
  • aid serving to increase fishing capacity, except for aid for modernisation over the main deck;
  • aid for the purchase or construction of fishing vessels.

Monitoring

Any Member State who grants de minimis aid must strictly monitor the aid granted.

It must inform the beneficiary in writing of the amount of this aid. It must also obtain from the undertaking, before the aid is granted, a declaration on other de minimis aid received in the previous two fiscal years and in the fiscal year concerned.

However, where a Member State has set up a central register of de minimis aid for the fisheries sector containing all the requested information, the above conditions shall no longer apply. To this end, the register must cover a period of three fiscal years.

The Member State may grant the aid to the undertaking in question only if this does not raise the total amount above the ceiling set for the fiscal period concerned.

Furthermore, Members States must record and compile all the information to allow the Commission to establish that the conditions of this Regulation have been complied with. The records are to be maintained for ten fiscal years. On written request from the Commission, the Member States must provide the Commission with all the information that the Commission considers necessary.

References

Act Entry into force – Date of expiry Deadline for transposition in the Member States Official Journal
Regulation (EC) No 875/2007 1.8.2007 – 31.12.2013 OJ L 193 of 25.7.2007