RIS322415 Bijlage 4 SA 102859 009AEF8A-0500-C221-982E-3E4E7825E3B4 67 1

Weighing up the positive and the negative effects of the aid (balancing test)

(110) According to point (125) of the State aid Guidelines, the Commission assesses whether the positive effects of the aid outweigh the identified negative effects on competition and trade. The Commission may conclude on the compatibility of the aid with the internal market only where the positive effects outweigh the negative ones. In addition, according to point (127) of the same Guidelines, as part of the assessment of the positive and negative effects of the aid, the Commission will consider the impact of the aid on the achievement of the objectives of the CFP set out in Article 2 of Regulation (EU) No 1380/2013 and referred to in the EMFAF. According to point (128) of the same Guidelines, in principle, due to its positive effects on the development of the fishery and aquaculture sector, the Commission considers that for aid fulfilling the conditions laid down in Part I, Chapter 2, 20

Section 2.3, the negative effect on competition and trade between Member States is limited to the minimum. (111) The aid will contribute to the achievement of the objectives of the CFP and EMFAF regulations to ensure that fishing and aquaculture activities are environmentally sustainable in the long-term and managed in a way that is consistent with the objectives of achieving economic, social and employment benefits and of contributing to the availability of food supply as described in detail in recital (22) above. The aid also requires that the beneficiary complies with the respective CFP rules and it does not lead to the risk of fishing capacity enhancing, overfishing or displacement of fishing efforts or to the risk to disturb the balance between the fishing capacity and the available fishing opportunities, as explained in recitals (37) and (38), in compliance with point (127) of the State aid Guidelines. (112) The aid meets the specific conditions under Part I, Chapter 2, Section 2.3. of the State aid Guidelines, because it is of the same kind as aid falling under Article 29 of the FIBER that can be considered compatible with the internal market, as explained in section 3.4.3. The aid therefore complies with point (128) of the State aid Guidelines.

Moreover, the negative effect of the aid on competition and trade is limited to the minimum, in line with point (80) of the State aid Guidelines (recital (105)). (113) In addition, the aid contributes to a positive effect mentioned in the Communication from the Commission, Pathway to a Healthy Planet for All EU Action Plan ‘Towards Zero Pollution for Air, Water and Soil’, as explained in recital (29), in line with point (133) of the State aid Guidelines. (114) Given that the aid is necessary, appropriate and proportionate and that the CFP and EMFAF objectives are safeguarded, the positive effects of the aid outweigh its negative effects on competition and trade. 3.5.

Conclusion regarding the compatibility of the aid

(115) Considering the above, the Commission concludes that the aid facilitates the development of an economic activity and does not adversely affect trading conditions to an extent contrary to the common interest. Therefore, the Commission considers the aid compatible with the internal market based on Article 107(3)(c) TFEU as interpreted by the relevant provisions of the State aid Guidelines. 4.

CONCLUSION

The Commission has accordingly decided not to raise objections to the aid on the grounds that it is compatible with the internal market pursuant to Article 107(3)(c) of the Treaty on the Functioning of the European Union. If this letter contains confidential information which should not be disclosed to third parties, please inform the Commission within fifteen working days of the date of receipt. If the Commission does not receive a reasoned request by that deadline, you will be deemed to have agreed to the disclosure to third parties and to the publication of the full text of the letter in the authentic language on the Internet site: http://ec.europa.eu/competition/elojade/isef/index.cfm. 21

Your request should be sent electronically to the following address: European Commission, Directorate-General Competition State Aid Greffe B-1049 Brussels Stateaidgreffe@ec.europa.eu Yours faithfully, For the Commission

Margrethe VESTAGER Executive Vice-President

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