Regulation (2008:80) On Support To Efforts In The Area Of Food

Original Language Title: Förordning (2008:80) om stöd till insatser på livsmedelsområdet

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Read the untranslated law here: http://rkrattsbaser.gov.se/sfst?bet=2008:80

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.



Detailed conditions for the support specified in §§ 7-14.



section 2 of the aid provided for in 7-10, 12 and 13, §§ may only be submitted in accordance with



1. Commission Regulation (EC) No 70/2001 of 12 January

2001 on the application of articles 87 and 88 of the EC Treaty on

State aid to small and medium-sized enterprises,



2. Commission Regulation (EC) No 68/2001 of 12 January

2001 on the application of articles 87 and 88 of the EC Treaty on

training aid,



3. 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,



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

Regulation (EC) No 1860/2004, or



5. 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.



If an aid covered by the first paragraph 4 or 5 is granted

associations of undertakings or other bodies for

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

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

project.



Notwithstanding the first subparagraph, support is provided for

action under section 10, second paragraph and section 12, third paragraph.

Regulation (2008:666).



paragraph 3 of the aid under this Regulation may not be submitted to the



1. large corporations for activities in the primary production of such

products covered by Annex I to the EC Treaty, except

fishery products, or



2. firms in difficulty within the meaning of community

guidelines on State aid for rescuing and

restructuring firms in difficulty.



section 4 Support according to 8-10 and 12-14 § § shall not relate to measures

started before the application for aid has been granted.



paragraph 5 of the aid under this Regulation may be combined with other

forms of State aid or other community support, if they

total payments do not exceed the maximum aid intensities

specified in this regulation. If the assistance provided pursuant to article 2 of the first

paragraph 4 or 5, the total aid does not, however, entail

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

Regulation (EC) no 875/2007 is exceeded. Regulation (2009:288).



Definitions



section 6 of this regulation,



organic products: products obtained in accordance with

Council Regulation (EEC) No 2092/91 of 24 June 1991 on

organic production of agricultural products and indications referring thereto

on agricultural products and foodstuffs,



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,



food: products referred to in article 2 of the European Parliament

and Council Regulation (EC) No 178/2002 of 28 January 2002

laying down the General principles and requirements of food

the establishment of the European food safety authority and

laying down procedures in matters of 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.



Measures for improving the competitiveness of the

food sector



Support for project activities



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

aims to



1. develop products, processes or technologies related

for food processing, or



2. develop outlets for food.



Support is left with 50 percent of the costs. If it is justified

for a special reason, support must be provided with a maximum of 75% of the

costs.



Support provided for in the first subparagraph may not be submitted for activities

refers to the primary production of agricultural products covered by

Annex I to the Treaty except fishery products.



The results of the projects shall be made available to all

market players.



Skills development, information and publicity



section 8 assistance 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, or



2. to increase the knowledge content, entrepreneurial ability and

innovation in food processing.



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.



§ 9 Support 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.



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.



section 10 of the support referred to in paragraphs 8 and 9 are paid to the operators

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.

Regulation (2008:666).



11 § 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.

If justified by special reasons, support may be provided with not more than

75% of the costs.



Support for the engagement of consultancy services



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

a maximum of 50% of the costs of the services provided

by outside consultants. The services may not be of

continuous or periodic in nature and may not refer to a

ordinary operating expenses.



Support under paragraph 1 shall be paid to the operators which

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 second subparagraph may be granted aid for

the costs of administering the scheme. The aid may not

exceed the costs of providing the services.

Regulation (2008:666).



Support for market analyses and statistics on organic

products



13 § Support may be provided for the implementation of projects involving



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. Regulation (2009:288).



13 a of if the beneficiary is an organization, a Foundation, a

institution, or a public operator supported under section 13

left with no more than 50% of the costs or, if the

There are special reasons, with a maximum of 75% of the costs. In

otherwise, support may be provided with not more than 30% of

costs.



During a three-year period may, however, support under section 13 is left with

a maximum of EUR 100 000 per beneficiary. For small and medium-sized

firms may, however, support is always provided with a maximum of 50% of

the eligible costs if such exceeds 200 000

euro.



Assistance under section 13 shall be paid to the operator who organizes

measures and will benefit eligible companies

as a fringe benefit in the form of subsidised services. If

the service is provided by an organisation, membership of

the Organization cannot be a condition for access to the

the service. Regulation (2009:288).



Support for the market promotion of organic products



section 14 of the aid must 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 large households and

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.



Procedure in State aid cases



section 15 questions about the support heard by the State's agricultural work. Before

The Agriculture Department will decide whether to consult with other support work

the relevant authorities.



section 16 of the aid application and the request for payment shall be submitted

the Agriculture Department within the time prescribed by the Agency.



section 17 of the Agriculture Department must prioritize among applications received

about support.




section 18 Before the support referred to in paragraph 2, 3 or 4 shall be 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 until the

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. When

for aid under Commission Regulation (EC) no

875/2007, aid nor be granted until it is checked

that this does not mean that the accumulated amount applicable

for Sweden, as set out in 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 19 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 granted

aid, up to a maximum of 250 000 kr. Regulation (2009:288).



Supervision, etc.



section 20 decision on aid shall contain the conditions that may be needed

for the supervision and monitoring of how the aid is used.



section 21 of the Agriculture Department oversees the regulation and

of the regulations issued under this regulation.



section 22 of the Agriculture Department should keep detailed records of the aid

granted under this regulation. Such a register should

contain all the information necessary for it to be

possible to establish that the conditions for the aid referred to in

Commission regulations (EC) No 70/2001, 68/2001, 1857/2006,

1998/2006 or 875/2007 are met. Regulation (2008:666).



section 23 of a beneficiary is obliged to refund if



1. the aid granted on the basis of incorrect or incomplete

information of the applicant;



2. the beneficiary seriously violates conditions

apply for aid, or



3. something else occurs, that means that the beneficiary with

account of the aim of the scheme should not be allowed to have this remain.



section 24 of the Swedish Board of agriculture shall adopt all or part of the claim

back a paid support if the repayment obligation according to

section 23. The amount to be recovered shall be

down in the case of a minor deviation from the conditions

apply for aid, or if for any other reason can

considered unreasonable to demand the return of the full amount.



If a paid aid recovered shall accrue interest required.



section 25 of the Agriculture Department may provide for



1. how to calculate the interest in accordance with section 24,



2. how payment is made, and



3. that the small amount of interest will not be charged.



Appeal



section 26 of the agriculture Board's decision pursuant to this Regulation shall not

subject to appeal.



Additional regulations



paragraph 27 of the Agriculture Department may announce further provisions concerning

support, application procedure, content in the application, payment,

supervision, recoveries and interest. The work may also notify

regulations on the enforcement of this regulation.



Transitional provisions



2008:80



1. This Regulation shall enter into force on 1 January 2008 and applies

until 31 december 2010. Support under 8, 9 and 12 of the

covered by Commission Regulation (EC) No 1857/2006,

be granted only after the European Commission

published a summary of the scheme on the Internet.

Regulation (2008:666).



2. During 2008, the aid provided under sections 13 and 14 relate to

measures already initiated under the condition that the aid be provided

as de minimis aid under the Commission's

Regulation (EC) no 875/2007 of 24 July 2007 concerning the

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

less importance in the fisheries sector and amending Regulation

(EC) No 1860/2004, or 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.



3. For decisions taken by december 31, 2010

the regulation applied also after 31 december 2010.