EUROPEAN COMMISSION. The Commission has based its decision on the following considerations:

Transcription

1 EUROPEAN COMMISSION Brussels, C(2018) 474 final Subject: State aid Germany (Bavaria) SA (2017/N) Bayern Directive on aid according to the Bavarian Contract Nature Protection Scheme for Forestry (VNP Wald 2015) Sir, The European Commission ("the Commission") wishes to inform Germany that, having examined the information supplied by your authorities on the State aid scheme referred to above, it has decided not to raise any objections to the relevant scheme as it is compatible with the internal market pursuant to Article 107(3)(c) of the Treaty on the Functioning of the European Union ("TFEU"). The Commission has based its decision on the following considerations: 1. PROCEDURE (1) By letter of 18 December 2017, registered by the Commission on the same day, Germany notified, according to Article 108(3) TFEU, the above mentioned aid scheme. Additional information was sent by the German authorities on 22 December 2017, registered by the Commission on the same day. (2) The aid scheme was notified under Article 4 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 which provides for the simplified notification procedure. 1 OJ L 140, , p. 1. Seiner Exzellenz Herrn Sigmar Gabriel Bundesminister des Auswärtigen Werderscher Markt Berlin DEUTSCHLAND Commission européenne/europese Commissie, 1049 Bruxelles/Brussel, BELGIQUE/BELGIË

2 2. DESCRIPTION 2.1. Title (3) Bayern Directive on aid according to the Bavarian Contract Nature Protection Scheme for Forestry (VNP Wald 2015) Objective (4) The aim of the notification is to amend the existing aid scheme SA (2014/N): "Bayern - Directive on aid according to the Bavarian Contract Nature Protection Scheme (VNP Wald 2015)" ("the existing aid scheme"), approved by Commission decision C(2015) 2552 final of 21 April 2015 ("the initial decision"). The modification consists of a budget increase Duration (5) From the date of the Commission decision until 31 December Legal basis (6) The legal bases for the scheme are: Bayern Richtlinie über Zuwendungen nach dem Bayerischen Vertragsnaturschutzprogramm Wald (VNP Wald 2015) (Directive on aid according to the Bavarian Contract Nature Protection Scheme for Forestry); Änderung der Richtlinien über Zuwendungen nach dem Bayerischen Vertragsnaturschutzprogramm Wald vom (Amendment to the Directive on aid according to the Bavarian Contract Nature Protection Scheme for Forestry of ); Richtlinie über Zuwendungen nach dem Bayerischen Vertragsnaturschutzprogramm Wald vom (Directive on aid according to the Bavarian Contract Nature Protection Scheme for Forestry of ); Richtlinien über Zuwendungen nach dem Bayerischen Vertragsnaturschutzprogramm Wald vom (Directive on aid according to the Bavarian Contract Nature Protection Scheme for Forestry of ); Richtlinien über Zuwendungen nach dem Bayerischen Vertragsnaturschutzprogramm Wald vom (Directive on aid according to the Bavarian Contract Nature Protection Scheme for Forestry of ); Bayerisches Waldgesetz (Bavarian Forest Act); Bundesnaturschutzgesetz (Federal Nature Conservation Act); Bundeswaldgesetz (Federal Forest Act); Bayerisches Naturschutzgesetz (Bavarian Nature Conservation Act); Bayerische Haushaltsordnung (Bavarian Financial Regulation) and Verwaltungsvorschriften (Administrative Regulations). 2

3 2.5. Description of the aid scheme (7) The existing aid scheme supports forest-environment and climate services and forest conservation investments. The overall budget approved for the existing aid scheme was EUR 24 million. (8) The present modification relates to a budget increase up to EUR 36 million. The annual budget is estimated at EUR 6 million. (9) The German authorities explained that an increase in the budget is needed due to the considerably growing demand by private and communal forest holders to participate in the existing aid scheme. According to the German authorities, in the coming years, such high demand is expected to continue. (10) No other modifications to the existing aid scheme are envisaged. (11) The annual report for 2015 was submitted. 3. ASSESSMENT 3.1. Existence of aid - Application of Article 107(1) TFEU (12) The existence of the aid within the meaning of Article 107(1) TFEU was confirmed in the initial decision (recitals (42) to (47)). The Commission refers to that assessment. (13) Regulation (EC) No 794/2004 provides in Article 4 for a simplified notification procedure for certain alterations to existing aid. Such alterations shall mean any change which cannot affect the evaluation of the compatibility of the aid measure with the internal market. The simplified procedure applies in respect of alteration types listed in Article 4(2) of Regulation (EC) No 794/2004. (14) The present modification relates to a budget increase of EUR 12 million for the aid scheme SA (2014/N), corresponding to increase by 50% of the original budget of the existing aid scheme. Therefore, it falls under Article 4(2)(a) of Regulation (EC) No 794/2004, which states that an increase of the financial recourses of an approved aid scheme by more than 20% shall be notified by means of the simplified notification form. The present notification concerns therefore an alteration of an existing aid scheme which should be subject to notification and compatibility assessment prior to its implementation Lawfulness of the aid Application of Article 108(3) TFEU (15) The aid scheme was notified to the Commission on 18 December It has not been implemented yet. Therefore, Germany has complied with its obligation under Article 108(3) TFEU. 3

4 3.3. Compatibility of the aid Application of Article 107(3)(c) TFEU (16) Under Article 107(3)(c), an aid may be considered compatible with the internal market, if it is found 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. (17) In the initial decision (recitals (48) and (49)), this derogation was found to be applicable Application of the European Union Guidelines for State aid in the agricultural and forestry sectors and in rural areas 2014 to 2020 (18) As regards the assessment of the content of the notified aid scheme, reference is made to the initial decision (recitals (50) to (74)), which was approved under Section 2.3 "Aid for forest-environment and climate services and forest conservation" of Part II of the European Union Guidelines for State aid in the agricultural and forestry sectors and in rural areas 2014 to (19) The German authorities confirmed that, other than the budget increase, there are no other alterations to the existing aid scheme (recitals (7) and (9)). Consequently, given in particular that the aid intensity does not change, no further distortive effect on competition can be expected. Therefore, this modification does not affect the evaluation of the compatibility of the aid scheme with the internal market, as carried out in the initial decision. (20) Regulation (EC) No 794/2004 stipulates in Article 4(3) that the simplified notification procedure should not be used to notify alterations of schemes in respect of which Member States have not submitted the annual reports in accordance with Articles 5 to 7 of that Regulation, or together with the notification. As mentioned in recital (10) above, Germany has complied with the reporting requirements. (21) Based on the above considerations, the Commission concludes that the proposed modification does not affect the evaluation of the compatibility of the existing aid scheme with the internal market, as carried out in the initial decision. 4. CONCLUSION The Commission has accordingly decided not to raise objections to the notified scheme on the grounds that it is compatible with the internal market pursuant to Article 107(3)(c) TFEU. If any parts of this letter are covered by the obligation of professional secrecy according to the Commission communication on professional secrecy in State aid decisions 3 and should not be published, please inform the Commission within fifteen working days of notification of this letter. If the Commission does not receive a reasoned request by that 2 3 OJ C 204, , p. 1, amended by the Notice published in OJ C 390, , p. 4 and by the Corrigendum published in OJ C 265, , p. 5. Commission communication C(2003) 4582 of 1 December 2003 on professional secrecy in State aid decisions, OJ C 297, , p. 6. 4

5 deadline Germany will be deemed to agree to the publication of the full text of this letter. If Germany wishes certain information to be covered by the obligation of professional secrecy please indicate the parts and provide a justification in respect of each part for which non-disclosure is requested. Your request should be sent electronically via the secured system Public Key Infrastructure (PKI) in accordance with Article 3(3) of Commission Regulation (EC) No 794/2004, to the following address: agri-state-aids-notifications@ec.europa.eu. For the Commission Phil HOGAN Member of the Commission 5