Regulation (2011:93) For Support To Efforts In The Area Of Food

Original Language Title: Förordning (2011:93) om stöd till insatser på livsmedelsområdet

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Read the untranslated law here: http://rkrattsbaser.gov.se/sfst?bet=2011:93

The scope of the



(1) assistance under this regulation be provided, subject to availability of

funds, to operators in the food sector for measures to

improved competitiveness in the food sector and for a

improving the quality of meals in the public sector.



Detailed conditions for aid are set out in sections 3 to 17.



Definitions



paragraph 2 of this regulation means



organic products: products obtained in accordance with

Council Regulation (EC) No 834/2007 of 28 June 2007 on the

organic production and labelling of organic products and

repealing Regulation (EEC) No 2092/91,



company: every entity engaged in an activity which consists in

offering goods and/or services on a given market, regardless

its legal status, if it is carried out in individual or

public order and whether the activities are carried out with

for profit or not,



"agricultural products" means products covered by Annex I to the

the Treaty on the functioning of the European Union (TFEU)

except fishery products,



food: products referred to in article 2 of

European Parliament and Council Regulation (EC) No 178/2002 of the

the Council of 28 January 2002 laying down the General principles and requirements of

food law, establishing the European

food safety authority and laying down procedures in matters of

as regards food safety,



small and medium-sized enterprises (SMEs): enterprises which are defined as small

or medium as defined in Commission

Recommendation 2003/361/EC of 6 May 2003 concerning the definition

of micro, small and medium-sized enterprises,



large companies: companies other than small or medium-sized enterprises.



General conditions of support



paragraph 3 of the Payments under 9, 11, 12, 15 and 16 sections, as well as aid within the meaning of section 17 of the

for other activities than primary production of agricultural products

may only be submitted in accordance with



1. Commission Regulation (EC) No 800/2008 of 6 August

2008 declaring certain categories of aid compatible

with the common market in application of articles 87 and 88 of the

the Treaty (General block exemption regulation),



2. 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,



3. Commission Regulation (EC) No 1998/2006 of 15

December 2006 on the application of articles 87 and 88 of the

Treaty to de minimis aid, or



4. Commission Regulation (EC) no 875/2007 of 24 July

2007 on the application of articles 87 and 88 of the EC Treaty

on de minimis aid in the fisheries sector and amending

by Regulation (EC) No 1860/2004.



If an aid covered by the first paragraph 3 or 4 shall be granted

associations of undertakings or other bodies for

projects that are expected to benefit more companies, the amount of aid per

companies is calculated according to the number of companies referred to benefit from

project.



Notwithstanding the first subparagraph, support is provided for any action under section 9

first subparagraph 3.



section 4 of the aid under this regulation to large companies may only

be submitted in accordance with Commission Regulation (EC) No 1998/2006 or

Commission Regulation (EC) no 875/2007. Aid may not

be provided to large enterprises for activities in the primary production

of agricultural products.



paragraph 5 of the support under this Regulation shall not be granted to companies

in difficulty within the meaning of the Community guidelines

on State aid for rescuing and restructuring

firms in difficulty.



6 § support under 11, 12, 15, 16 and 17 sections of activity

refers to the primary production of agricultural products shall not refer to

actions that have been initiated before the application for aid has

granted.



Support under 11, 12, 15, 16 and 17 sections for activities other than

the primary production of agricultural products shall not relate to measures

that has started before the application for aid has been submitted.



section 7 of the support referred to in paragraphs 11 and 16 paid out to the players

organizing measures and will the eligible undertakings

as a benefit in kind by means of subsidised

services. If the service is provided by an organization may

membership in the Organization will not be a condition for receiving

access to the service.



The operators referred to in the first subparagraph may be granted aid for

costs of their administration of the scheme. The aid may

do not exceed the costs of providing the services.



section 8 assistance under this Regulation may be combined with other

forms of State aid or other Union support, if they

total payments do not exceed the maximum aid intensities

specified in this regulation. If the aid provided pursuant to paragraph 3 of the first

paragraph 3 or 4 shall not, however, bring the total aid

to the ceilings laid down in Regulation (EC) No 1998/2006 or

Regulation (EC) no 875/2007 is exceeded.



Measures for improving the competitiveness of the

the food sector and for improving the quality of meals

in the public sector



Support for project activities



§ 9 Support may be provided for the costs of implementing the project

as a aims to



1. develop products, processes or technologies related

for food processing,



2. develop outlets for foodstuffs, or



3. an inventory of national projects on collaboration between school and

primary production.



Support must be provided with a maximum of 50% of the costs. The aid may, however,

left with no more than 75 percent of the cost if there is

special reasons for it.



The results of the projects shall be made available to all

market players.



10 § support under section 9 shall not be granted for activities that

refers to the primary production of agricultural products.



Support for professional development, information and

knowledge diffusion



11 § Support may be provided to companies in the food sector with

a maximum of 50% of the costs of

competence development measures concerning the



1. enterprise development in order to stimulate the development of

existing and new products and activities,



2. increase in knowledge content, entrepreneurial ability and

innovation in the food processing,



3. area for meals in the public sector, or



4. agricultural and fisheries products.



The aid must not relate to courses of instruction or training which form part of the

normal training at secondary or tertiary level or in

regular upper secondary or higher education.



section 12 of aid may be provided to companies in the food sector with

a maximum of 50% of the costs of participation in the forum

Knowledge Exchange, contests and fairs.



Such support may only be provided for the first time a company has agreed to be part of a

particular fair and may only relate to costs incurred for renting, setting up

or operation of the showcase.



13 § Support may be provided with not more than 50% of the costs of

public information actions with a view to promoting

knowledge transfer from and information about research and

development work or the dissemination of market information.

The aid may, however, be provided with a maximum of 75% of the costs of

There is a particular reason for it.



section 14 of the aid must be provided with a maximum of 100% of the costs of

General information measures concerning the acquis on public

procurement regarding procurement of food.



Support for the engagement of consultancy services



15 § Support may be provided to companies in the food sector with

a maximum of 50% of the costs for services that

provided by outside consultants. The services may not

be a continuous or periodic in nature and may not refer to

an enterprise's usual operating expenditure.



Support for market analyses and statistics on organic

products



16 § Support may be provided with not more than 50% of the costs of

to implement projects involving the



1. development of methods and statistics to follow up

production and consumption of organic products and trade

with these, or



2. identification of organic products ' way from producers

to consumers and the coordination of the distribution of

organic products.



The results of the projects shall be made available to all

market players.



Support for the market promotion of organic products



section 17 of the assistance may be provided to organizations, foundations,

institutions and public entities with a maximum of 50% of

the costs of implementing projects aimed at

perform market promotion measures to increase the use of

organic food in the public sector and catering

as well as to increase organic production.



The origin of a product may only be mentioned as a child

notice of such material and such campaigns referred to in

the first paragraph.



The fate of the aid



section 18 Questions on aid review by the State's agricultural work.



The Agriculture Department must prioritize among applications for

aid.



section 19 of The decision on the aid to be compatible with the conditions needed

in order to meet the objective of the aid, or as needed

supervision and monitoring of how the aid is used. The terms shall

indicated in the decision.



section 20 Before assistance under section 3(1) 3 or 4 granted

should the beneficiary company provide comprehensive data

about other de minimis aid it received during the

the previous three years. The aid shall not be granted unless it is

checked that this will not raise the total support of the

less important as the company may in the current

the three-year period exceed the ceiling per enterprise set out in

Commission Regulation (EC) No 1998/2006 or 875/2007.


Support provided for in Commission Regulation (EC) no 875/2007 shall not

either be granted until it has been verified that this is not

means that the accumulated amounts applicable to Sweden

According to the annex to that regulation are exceeded.



In the context of a de minimis aid is granted shall

the company informed of the nature of the support of the

less importance pursuant to Commission Regulation (EC) no

1998/2006 or 875/2007.



section 21 of the Agriculture Department should keep detailed records of the

assistance provided under this regulation. Such a registry

should contain all the information necessary for it to

be possible to establish that the conditions for the aid provided for

in Commission regulations (EC) No 1857/2006, 1998/2006,

or 800/2008 are fulfilled.



In section 8 of the Regulation (2008:437) on State aid

importance in the sector for the production of agricultural products

and the fisheries sector contains provisions on agriculture

shall notify the Board of fisheries aid decisions under

Commission Regulation (EC) no 875/2007.



section 22 of the Agriculture Department may decide on advances on the aid

be provided to nonprofit, economic associations and

non-profit foundations.



Advance payments may be made with no more than half of the aid granted,

a maximum of 250 000 SEK.



Supervision



section 23 of the Swedish Board of agriculture supervises compliance with the conditions for

left assistance under this regulation are complied with.



section 24 of the recipient of the aid provided under this regulation and the

operators referred to in section 7 shall, after the call to leave

The Agriculture Department a written report for the activities

support for and for how the aid is used and a plan for

the facility's continued exploitation.



Refunds and chargebacks



section 25 of the recipient of the aid provided for in this regulation are

repayment required if



1. the receiver by providing incorrect information or

any other way has caused that the aid has been granted

improperly or with excessive amounts,



2. the aid for any other reason has been supplied incorrectly, or with

for the high amount and the recipient should have known this, or



3. the terms of the decision on the aid have not been respected.



section 26 if a beneficiary is obliged to refund under section 25 of the

the Agriculture Department should decide to fully or partially require

back support. If there are special reasons,

The Agriculture Department may waive the requirement for a refund in whole or

partially.



section 27 a recovery decision under section 26 shall be taken within ten years

from the time the aid was paid out.



On the amount recovered, interest will be charged in accordance with the interest Act

(1975:635).



If there are special reasons, the Agriculture Department may decide to

put down the interest the claim in whole or in part.



Appeal



section 28 of the agriculture Board's decision pursuant to this Regulation shall not

subject to appeal.



Appropriations



section 29 of the Agriculture Department may announce further provisions concerning

conditions for support.



The Agriculture Department must notify the regulations needed

the enforcement of this regulation.



Transitional provisions



2011:93



1. This Regulation shall enter into force on 1 January 2011.



2. Support under 11, 12, 15 and 16 sections, covered by

Commission Regulation (EC) No 1857/2006, may, however, be granted

only after the European Commission has published

a summary of the scheme on the Internet. Support under

section 17 may be granted only after the European Commission

approved the scheme.