European Commission
Directorate-General for Competition
[email protected] 31 October 2024 N° 5.4-2/3432-4
Positions for the second draft of Commission Regulation amending Commission
Regulation (EU) No 1408/2013
Dear sir/madam find below our positions,
On the 29th of October 2024, the second Advisory Committee meeting on the draft of the
amendment to Commission Regulation (EU) No 1408/2013 on the application of Articles 107
and 108 of the Treaty on the Functioning of the European Union to de minimis aid in the
agriculture sector took place. The Commission informed the participants during that meeting
that Member States could submit feedback until 01.11.2024 on the new draft.
We are generally in support of the draft, but we submit the following concerns and questions as
feedback:
1. According to the new wording if a company is active in the primary production of
agricultural products as well as in the fishery and aquaculture sector, aid may be
cumulated up to "the maximum ceiling laid down in one of these Regulations". With the
adoption of this amendment the maximum ceiling will be the agricultural de minimis
ceiling of 42 000 euros.
However, under the current Fisheries de minimis Regulation (EU) No 717/2014, it is
possible to cumulate agricultural and fisheries de minimis aid as follows: “…de
minimis aid granted in accordance with Regulation (EU) No 1408/2013 may be
cumulated with de minimis aid in the fishery and aquaculture sector in accordance with
this Regulation up to the ceiling laid down in this Regulation”, which is 40 000 euro.
Therefore, the two Regulations are contradictory. The rule of cumulation needs to be
unambiguous in both regulations to avoid confusion and incorrect application.
If the wording stays as it is, we would like to know which Regulation should be
prioritised and with what reasoning?
In addition, we think that this approach, where it is not clearly stated how to cumulate
different de minimis aids would create problems to member states, which already have
de minimis registers for all de minimis types (meaning one register that includes all
types). The change of the formula of cumulation needs additional IT development.
Therefor we ask the Commission to amend the Fisheries de minimis Regulation to
harmonize it with horizontal rules and change the wording in article 5(2).
2. We also have some comments about the translation:
- In the introductory remarks of the Estonian translation, point (11) it states that the
Suur-Ameerika St. 1 / 10122 Tallinn/Estonia / +372 625 6101 /
[email protected] / www.agri.ee
Register code 70000734
Regulation should enter into force “järgmisel päeval pärast selle avaldamist…”
meaning the Regulation should enter into force the next day following its
publication. In the English version it says “this Regulation should enter into force
on the third day…”.
- Article 3(1) in the English version the text is about “Aid measures” in plural, but in
the Estonian version it’s “abimeede” meaning aid measure in singular.
- Article 3(5) the Estonian version uses “abi liik” meaning aid type, in the English
version it is “aid form” meaning “abi vorm”. The current Estonian version of (EU)
No 1408/2013 also uses “aid form” (abi vorm).
Yours sincerely,
Priidu Ristkok
Head of the Regional Development Department
(e-signed)
Pirkko-Liisa Meius
625 6534
[email protected]
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