Post on 24-Aug-2020
(*) Ce timbre porte sur l'ensemble des documents qui composent le dossier.
Seiner Exzellenz Herrn Frank-Walter STEINMEIER
Bundesminister des Auswärtigen
Werderscher Markt 1
D – 11017 Berlin Commission européenne, B-1049 Bruxelles – Europese Commissie, B-1049 Brussel – Belgium Telephone: 32 (0) 2 299.11.11
EUROPEAN COMMISSION
Brussels,
C (2015)
Embargo VISTA illimité (*)
Subject: State aid/Germany
Aid No SA 38658 (2014/N)
Baden-Württemberg: Compensation in water and source protection
areas
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 Treaty on the Functioning of the European Union ("TFEU").
In taking this decision the Commission has relied on the following considerations:
1. PROCEDURE
(1) Having pre-notified the above mentioned scheme1 and in accordance with Article
108(3) of the TFEU, Germany notified the Commission of this scheme by letter of 27
October 2014, registered by the Commission on the following day.
(2) Additional information was provided by the German authorities in the letter of 4
November 2014, registered by the Commission on the following day, in the letter of
24 November 2014, registered on the following day, in the letter of 10 December
2014, registered on the following day and in the letter of 10 February 2015,
registered on the same day.
1 See pre-notification No SA.38568 (2014/PN) registered on 28 April 2014.
2
2. DESCRIPTION
Title
(3) Baden-Württemberg: Compensation in water and source protection areas.
Objective
(4) The notified aid scheme aims at protecting the quality of water in Baden-Württemberg.
For this purpose, certain restrictions are imposed on the agricultural activities in the
areas designed for protection of water sources. Apart from the general restrictions
imposed on agriculture activities in these areas, certain special restrictions can be
introduced depending on the geographical features of the given areas.
(5) Compensations will be paid to farmers performing agricultural activities in Baden-
Württemberg, Germany, for additional costs and the reduction in income resulting
from these restrictions (as specified below) related to the implementation of the
Water Framework Directive.2
Beneficiaries
(6) Undertakings of any size, in the territory of Germany, Baden-Württemberg.
(7) The actual beneficiaries are active in primary agricultural production. The estimated
number of beneficiaries is over 1000.
Legal Basis
(8) The legal basis for the notified aid scheme:
Water Resources Act of 31 July 2009 (BGBl. I p. 2585) as last amended by Article 2
of the Law of 15 November 2014 (BGBl. I p. 1724) (in German:
Wasserhaushaltsgesetz vom 31. Juli 2009 (BGBl. I S. 2585) zuletzt geändert durch
Artikel 2 des Gesetzes vom 15. November 2014 (BGBl. I S. 1724));
Water Act of 27 November 2013 GBl. p. 389) (in German: Wassergesetz für Baden-
Württemberg vom 27. November 2013 (GBl. S. 389));
Decree of the Ministry of Environment on the protection measures and
compensations in water and source protection areas of 20 February 2001 (GBl. p.
145) as amended by Articel 15 of the Decree of 3 December 2013 (GBl. p. 389, 444)
(in German: Verordnung des Umweltministeriums über Schutzbestimmungen und die
Gewährung von Ausgleichsleistungen in Wasser- und Quellenschutzgebieten
(SchALVO) vom 20. Februar 2001 (GBl. S. 145), zuletzt geändert durch Artikel 15
der Verordnung vom 3. Dezember 2013 (GBl. S. 389, 444)).
2 Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a
framework for Community action in the field of water policy (OJ L 327, 22.12.2000, p. 1).
3
Continuation of the aid scheme
(9) Under the notified aid scheme, the German authorities wish to continue with
activities originally supported under the State aid scheme N111/20003
"Compensations in water and source protection areas" approved by the Commission
for an indefinite time period.
(10) The German authorities have notified this aid scheme, originally approved by the
Commission in 2001, to ensure compliance of this aid scheme with the new rules of
Regulation (EU) 1305/2013 of 17 December 2013 on support for rural development
by the European Agricultural Fund for Rural Development.4
(11) Moreover, as new European Union Guidelines for State aid in the agricultural and
forestry sectors and in rural areas 2014 to 2020 ("the AGRI Guidelines")5 replaced
on 1 July 2014 the Community guidelines for State aid in the agriculture and forestry
sector 2007 to 20136 ("the Old Guidelines"), the German authorities would like to
ensure compliance with the new rules as well.
Duration
(12) From the approval by the Commission until 31 December 2020.
Budget and intensity
(13) Annual budget: 19,75 million €. The maximum aid intensity is 100% of the eligible
costs.
Form of the aid
(14) Direct grant.
Cumulation
(15) The German authorities confirmed that the notified aid cannot be cumulated with aid
received from other local, regional, national or EU schemes to cover the same
eligible costs.
(16) They also gave the assurance that the beneficiary cannot receive any other financing
from state resources or European Union funds for the reduction in income from
agricultural activities resulting from adaptation to the water protection regime. In this
way, a double financing shall be prevented.
Description of the scheme
I. General part
(17) The German Schutzgebiets- und Ausgleichsverordnung (SchALVO) constitutes a part
of the overall regime aiming at the protection of the quality of drinkable water
3 Commission decision SA.11574 SG(2001) D/286198 of 13 February 2001.
4 Regulation (EU) 1305/2013 of 17 December 2013 on support for rural development by the European
Agricultural Fund for Rural Development (EAFRD) and repealing Council Regulation (EC) No 1698/2005 (OJ
L 347, 20.12.2013, p. 487). 5 OJ C204, 1.7.2014, p. 1.
6 OJ C 319, 27.12.2006, p. 1.
4
sources used for the supply of citizens from degradations caused by agricultural
activities. These water sources ("Rohwasser") under protection are ground waters or
surface waters used as drinking water.
(18) Therefore, the German Schutzgebiets- und Ausgleichsverordnung (SchALVO) seeks:
– to avoid the usage of nitrates and to contribute to a rapid
decontamination and restoration of ground waters polluted by nitrate
by the introduction of legal limitations to ordinary agricultural activity
based on the level of nitrate pollution;
– avoid the insertion of pathogens ("Krankheitserreger") into the water
through an absolute prohibition on the use of liquid fertilizers of
animal origin in Zones I and II of the water catchment protection
areas.
(19) The SchALVO applies to all water protection areas in Baden-Württemberg, which
comprise approx. 26% of the total territory of Baden-Württemberg.
(20) In those areas, ordinary agricultural activities performed in line with national
legislation and the good agricultural and environmental conditions ("GAECs"), incl.
compliance with the Decree on fertilizers (in German Düngeverordung)7 which
transposed the provisions of Council Directive 91/676/EEC8 ("Nitrates Directive"),
will be further restricted, thus going beyond the existing EU legislation.9
(21) The German authorities explained and provided the necessary assurances that no
overlap will exist between the requirements under the SchALVO and those under the
Nitrates Directive as implemented by the Düngeverordnung. They have confirmed
that obligations and restrictions provided for in the Düngeverordnung will not be
eligible for support under the present notified scheme as they constitute GAECs.
(22) They further explained that the restrictions of agricultural activities (as specified in
the SchALVO) follow from the implementation of the objectives of the Water
Framework Directive; they are described in the river basin management plans of
Baden-Württemberg which implement the Water Framework Directive and which
have been presented to the European Commission.
(23) These specified measures are divided into basic and supplementary measures. The
basic measures include, in particular, the requirements of the Nitrates Directive (i.e.
"GAECs") which are transposed into national legislation mainly through the
Düngeverordnung. The supplementary measures, which are necessary to remedy the
existing shortcomings, consist of (i) the voluntary measures offered in the Baden-
Württemberg agri-environmental programmes ("Agrarumweltmaßnahmen"), incl. the
7 In German: Verordnung über die Anwendung von Düngemitteln, Bodenhilfsstoffen, Kultursubstraten und
Pflanzenhilfsmitteln nach den Grundsätzen der guten fachlichen Praxis beim Düngen, of 14 January 2006
(BGBl. I 2007, p. 221), http://www.landesrecht-
bw.de/jportal/portal/t/awy/page/bsbawueprod.psml?doc.hl=1&doc.id=BJNR002000006&documentnumber=4
&numberofresults=25&showdoccase=1&doc.part=R¶mfromHL=true#focuspoint. 8 OJ L 375, 31.12.1991, p. 1.
9 GAECs are also included in provisions of the SchALVO. The Pflanzenschutzgesetz of 6 February 2012
(BGBl. I p. 148) also contains GAECs in its §3.
5
Marktentlastungs- und Kulturlandschaftsausgleich (MEKA)10 and (ii) the obligatory
restrictions stemming from the SchALVO in the water protection areas.
(24) As a rule, under the water protection regime the following activities are
prohibited/restricted, depending on the characteristics of the respective land:
restrictions on nitrogen fertilizing;
fertilizing with fertilizers of animal origin;
greening of land;
machining of agricultural land;
watering of agricultural land.
(25) The national legislation distinguishes three types of water protection areas with
respect to the contents of nitrate in the water sources11:
(a) Normal areas ("Normalgebiete")
Areas were water sources contain less than 25mg/l nitrate or 25-35 mg/l
nitrate without a tendency to increase. In these areas, fertilizing with
fertilizers of animal origin is prohibited.
(b) Nitrate problem areas ("Problemgebiete")
Areas where water sources contain 35-50 mg/l nitrate or 25-35 mg/l nitrate
with a tendency to increase. Apart from the restrictions as described under a)
above, certain further restrictions as listed in §5 of the SchALVO have to be
complied with by the farmers.
(c) Nitrate restoration areas ("Sanierungsgebiete")
Areas where water sources contain more than 50 mg/l nitrate or 40-50 mg/l
nitrate with a tendency to increase. Additional restrictions compared to those
in nitrate problem areas are imposed on agricultural activities.
(26) The German authorities have provided the Commission with an analysis of the
effectiveness of this protection regime over the time period 2001-2012. The studies
show a decrease of nitrate contents in water sources by 13.3% in nitrate restoration
areas (from 51.7 mg/l nitrate to 44.8 mg/l), and by 12.1% in nitrate problem areas
(from 33.9 mg/l nitrate to 29.8 mg/l). Overall nitrate concentrations in normal areas
amount to 14 mg/l. Given the progress in the elimination of nitrate concentrations in
water sources, the German authorities would like to continue with the notified
scheme.
(27) They furthermore explained that compliance with the prohibitions and restrictions in
the water protection areas requires additional funds for the adaptation of agricultural
10
This programme will be replaced by the program FAKT (Förderprogramm für Agrarumwelt, Klimaschutz
und Tierwohl) from 2015 onwards. 11
In the notification, the German authorities have provided detailed descriptions and a map showing the
distribution of the 3 types of the water protection areas.
6
holdings, as agricultural production in these areas is often more expensive and brings
lower income due to compliance with the rules of the relevant regime. Therefore, the
agricultural holdings located inside the water protection areas are in an unequal
position compared to those outside these areas.
(28) Due to the deterioration of the economic situation of agricultural holdings as a result
of compliance with the water protection regime adopted pursuant to the national
legislation, it shall be made possible to provide compensation to disadvantaged
farmers.
(29) Further details on the character and extent of restrictions of the agricultural activities
in the given areas are provided in the following section.
II. Detailed description of the respective restrictions
(30) All water catchment areas in Germany are divided into three zones:
Zone I consists of the 10 meter radius around the water intake point. This radius
can be enlarged to 30 meters if the intake point is a surface water source.
Zone II is defined as the area around the intake point in which ground water will
flow to the intake point within 50 days.
Zone III is made up by the rest of the catchment area.
(31) The following general measures stemming from the SchALVO go beyond the
GAECs, result in disadvantages for the farmers and thus constitute the basis for the
financial compensation:
• Mandatory green planting for all agricultural holdings where in the same year
no succeeding crop is grown, with specifications for the type of planting,
processing of soil, the time of green planting, limits for certain crops (§5,
paragraph 4, point 1, point c and d of the SchALVO and relevant Annexes);
• Prohibition of organic fertilization in Zone II (§ 4, paragraph 2, point 1 of the
SchALVO);
• Crop rotation restrictions and fertilization management in particular in
intensive crops (§ 5, paragraph 4, point 1 letter a, b and f of the SchALVO);
• Specific measurement methods to measure nitrogen fertilization, which go
beyond the Düngeverordnung (§ 5, paragraph 4, point 1 letter a and b of the
SchALVO).
(32) In addition, specific restrictions stemming from the SchALVO exist which are
described below.
(33) In Zone III and Zone II of water protection areas the following restrictions apply
pursuant to § 4 SchALVO:
• ban on plowing of permanent grassland;
• prohibition on the use of pesticides, which include the plant protection agents
Terbuthylazine or tolylfluanide.
(34) In Zone II the following activities are also prohibited:
7
• land application of liquid manure, silage effluent and similar substances;
• application of secondary raw material fertilizers (other than those of purely
vegetable origin);
• on particular types of soils, depending on the risk of leaching
("Auswaschungsgefährdung"), intensive greening (Weidehaltung), animal
pens ("Tierpferche") and distribution of dung (except for manure).
(35) The greatest limitations on agricultural activities are imposed in Zone I. The
following activities are prohibited:
• arable use ("Ackernutzung");
• pesticides and fertilizer use on grassland (mineral fertilizers are permitted if
these need to be used to creating or maintaining the grass (Grasnarbe));
• fertilizers and pesticides application, clear-cutting and rootstock elimination
in forestry use.
(36) Moreover, certain restrictions on agricultural activities are stipulated in §5 SchALVO
depending on the nitrate concentration in the respective area (for the grading of these
areas see recital (25)).
(37) In Zone II and III of the nitrate problem and nitrate restoration areas the following
special protective provisions and restrictions apply:
• In case of a risk of leaching, the nitrate nitrogen in the soil shall be reduced in
the vegetation period as far as possible (specific measurement methods for
measuring nitrogen fertilization, requirements for layout, placement,
limitation of fertilization, requirements for certain crops, manure analysis
have to be applied).12
• For the use of commercial fertilizers and secondary raw material fertilizers
(unless already prohibited under §4, paragraph 2 SchALVO) specific
conditions as listed in Annex 3 of the SchALVO shall apply (additional
conditions for the timing of the use, for certain cultures, crop rotations and
soil types).
• For an effective nitrogen removal an all-year-round vegetation shall be
secured by greening measures. This shall be mandatory for all areas on which
no follow-on crops are grown in the same year. Annex 4 of the SchALVO
provides for more specifications as to the types of vegetation and of crops.
• To reduce the release of nitrate nitrogen for which a risk of leaching exists
through the mineralization processes, the tillage (Bodenbearbeitung) and the
implantation of plants shall be adjusted to the local conditions. Annex 4 of
the SchALVO provides for mandatory specifications.
• The irrigation has to be carried out in accordance with the specific conditions
as provided for in Annex 5 of the SchALVO so that a wash-out of nitrate
12
Details of these specific measures are described in Annexes 1 and 2 of the SchALVO.
8
substances caused by the irrigation into the ground soil outside the rooted soil
space is avoided.
• The operational rotations of crops shall as far as possible be adjusted to the
site and local conditions to ensure that they contribute to the diminution of
the risk of nitrate leaching in the period of autumn.
• In the nitrate restoration areas certain further restrictions as to the timing of
plantation and crop rotations apply (Annex 6 of the SchALVO).
General principles applicable to the aid scheme
(38) The German authorities take the view that the support is targeted on clearly defined
objectives (as described in recital (4) above) reflecting identified structural needs in
the field of drinking water protection in Baden-Württemberg. The supporting aid
scheme is, in their view, in line with the overall European strategy for drinking water
protection, the main principles of which are stipulated in the Water Framework
Directive.
(39) With regard to the potential distortion of competition, the German authorities
declared that the aid intensity rate was set within the range of the maximal allowed
aid intensity which ensures that no distortion of competition will occur. According to
this analysis, the present aid scheme does not support any production processes or
their extension. The support is given to compensate for economic disadvantages of
farmers which result from the restrictions of the ordinary agricultural activity in the
water protection areas (recitals (20) ff.). This structure excludes, therefore, according
to the German authorities, any potential distortion of competition and trade.
(40) The German authorities have provided an analysis of the potential impact of the
present State aid scheme on the environment. It follows from their analysis that the
present aid scheme does not support any extension of the production nor will any
environmentally unfriendly activities be supported. On the contrary, the aid scheme
aims at supporting the objectives described in recital (18) which will have a clear
positive impact on the sources of drinking water used by the German population.
(41) The German authorities conclude, therefore, that the present aid scheme will have no
negative impact on the environment and that it is in line with the EU common
agricultural policy.
Management of the aid scheme
(42) The awarding authority will be the Ministry of agriculture and consumer protection
(Landesministerium für Ländlichen Raum und Verbraucherschutz).
(43) The applicant has to submit an application form to the awarding authority. The
Ministry will process the application and control and verify all the data provided by
the applicant.
(44) The compensatory payments will only be paid after the competent authority has
performed the necessary checks and measurements concerning the soil in the given
agricultural holding. The information about the payments for all businesses and
surfaces is registered and stored with the awarding authority. The application data is
subject to a variety of professional examinations. The respective plots of land in the
water protection areas are displayed along with their characteristics in an electronic
9
form in the geographic information system (GIS-Kulisse). Thus, any risk of
payments for not eligible plots of land is, in the view of the German authorities,
excluded.
Compensatory payments
(45) The German authorities have explained the methods for the evaluation of additional
costs and income losses resulting from the described restrictions of agricultural
activities. These methods relate to achieved revenues and cost structures for the
agricultural areas subject to the described restrictions and take into account specific
costs of machinery and agricultural equipment. The German authorities have
indicated that these evaluation methods form the basis for the detailed calculation of
the respective additional costs and income foregone and the respective compensation
amounts as provided in the following recitals.
Risk of overcompensation
(46) To avoid any possible forms of overcompensation, the German authorities confirmed
that the respective compensation rates are regularly reviewed in a three-year-period
by the State Institute for Development of Agriculture and the rural areas
(Landesanstalt für Entwicklung der Landwirtschaft und der ländlichen Raum). Every
year, the current earnings, costs of production and price developments are monitored
as they form the basis for the reviews of the individual compensation rates. It is
ensured that through a regular monitoring of the markets and of the developments of
revenues and costs in the relevant agricultural sectors the most recent and accurate
data can be obtained.
(47) As presented in detail in recital (22) above, the provisions of the SchALVO
constitute a part of the overall mechanism for water protection. The compensation
for the SchALVO restrictions and the agri-environmental program - MEKA (from
2015 FACT) which is co-financed by the EU – are managed separately. Measures
and payments under the agri-environmental program MEKA (not a part of the
current notification) are only possible in normal areas. Therefore, any possible risk
of double-funding is, in the view of the German authorities, avoided.
Forms and compensation rates
(48) The German authorities have confirmed that payments will only be made to
compensate for the restrictions of the agricultural activities going beyond the
GAECs. In addition, they have confirmed that restrictions resulting from the general
provisions on water protection in protection Zones II and III as stipulated in § 4(3)
SchALVO as well as the ban on plowing of grassland and the pesticide ban for
terbutylazine and tolylfluanide will not be compensated.
(49) The SchALVO provides for the types of compensation payments and the amount in
its §§11-15.
(50) Correspondingly, the notified aid scheme foresees three types of aid, which will be
paid out yearly:
standard compensation (in German "Pauschalausgleich") in nitrate problem
or nitrate restoration areas (§12 para 1, SchALVO);
10
aid to cattle farmers in Zone II of the water protection areas (§12 para 2
SchALVO);
individual aid to farmers who can prove they have higher income losses as a
result of the restrictions.
Standard compensation in nitrate problem and restoration areas
(51) A standard compensation of 165 €/ha/year13 is granted to compensate for the specific
restrictions. The general restrictions applying in Zone I, II and III are not
compensated for. Compensation is only granted for measures going beyond good
agricultural practices ("GAECs). The aid is granted as a flat-rate compensation based
on the respective restrictions according to §5 para 4 SchALVO which are described
in Annex I of this decision. The German authorities committed to control the level of
incurred costs in individual cases so that no overcompensation occurs.
(52) The standard compensation will not be paid in the cases specified in detail in §12
para 3 SchALVO, for instance as regards forest land, land inside greenhouses, areas
in Zone I or land in which the economic disadvantages resulting from the restrictions
are considerably less than the amount of the standard compensation.
Cattle aid in Zone II areas
(53) For farmers who own cattle (more than 0.5 LU/ha14) a different "cattle aid" is granted
to compensate for the restriction that no spreading of manure is allowed in Zone II of
the water protection areas.
(54) In Zone II of the water protection areas the spreading of manure is prohibited (§4
para. 2 SchALVO). Therefore, a flat-rate compensation for livestock farms is granted
so that the manure is applied outside the water protection Zone II. The amount of
compensation depends on what proportion of the farmed area is comprised by Zone
II of the water protection areas. The more area is comprised by Zone II and may not
be used for manure spreading, the more manure must be transported and applied to
the land outside this Zone II. This support targets both the reduction of nitrate
content and the prevention of the entry of germs into the groundwater as a hygienic
precaution.
(55) The maximum aid is 160 €/ha.15 For a precise description of the compensatory
amount see Annex II.
Individual aid
(56) If a farmer can demonstrate he will suffer additional losses caused by the prohibition
of certain plant protection products or by further obligations in nitrate restoration
areas, the farmer may apply for additional support. The maximum amount of support
will be calculated individually by the competent authorities (maximum aid intensity
is 100%).16
13
Subject to regular review based on the current earnings, costs of production and price developments. 14
From the point of view of nitrate leaching a permanent green cover is considered the best form of land use.
Therefore, cattle farmers may be granted an extra aid. 15
Subject to regular review based on the current earnings, costs of production and price developments.
Calculations for 2013 amount to 176 €/ha/year. 16
The German authorities have provided a detailed description of the principles of determining such individual
aid. See §13 of the SchALVO.
11
(57) The German authorities have stated that the total aid amount (i.e. even when
combining the different types of aid according to the preceding recitals) will not
exceed 200 €/ha/year. In specific and rare cases17 the maximum allowed amount of
the standard compensation is not sufficient to offset the specific economic
disadvantages caused by the requirements of the SchALVO. These cases concern in
particular farmed areas of specific crops such as vegetables and asparagus. From the
perspective of water protection, these are the crops for which the risk of nitrates
leaking is particularly high. In these cases the maximum amount of aid will
exceptionally exceed the threshold of 200 €/ha/year. However, the German
authorities committed that only actual economic disadvantages and costs will be
compensated (maximum aid intensity 100%) and any risk of overcompensation will
be avoided by verifying each individual case.
Incentive effect
(58) The German authorities indicated that the present notified aid scheme aims at
compensating economic disadvantages of farmers which are caused by mandatory
restrictions to their agricultural activity. Therefore, in their view, such aid scheme
would require no incentive effect.
Consistency with the Rural Development Program 2014-2020
(59) The German authorities confirmed that no other scheme financed by public resources
providing compensation for the reduction in income from agricultural activities
resulting from adaptation to the water protection regime exists under German
national law. They committed that there will be no overlap with measures
implemented under the regional Rural Development Programme 2014 – 2020 for
Germany, Baden-Württemberg. The consistency of the notified aid scheme with that
program will be ensured as the aid scheme will contribute to the same objectives as
provided for in the regional Rural Development Programme for Baden-Württemberg
while respecting the conditions of the applicable EU rural development legislation.
Other commitments
(60) The German authorities provided assurances that the application procedure, the
conditions for obtaining aid and the adherence to the terms of aid are based on the
principle of free and equal access for all applicants. No selective approach is
allowed. The implementation of the scheme shall be subject to maximum
transparency. The German authorities commit to respect the transparency
requirements under recitals 128 - 132 of the AGRI Guidelines.
(61) The German authorities have further confirmed that companies which are in
difficulty within the meaning of the Guidelines on State aid for rescuing and
restructuring non-financial undertakings in difficulty18 are specifically excluded from
receiving any aid under the present scheme.19 They commit to control this condition
for the duration of the notified aid scheme.
17
Approximately 3% (about 230 aid beneficiaries).
18 Communication from the Commission — Guidelines on State aid for rescuing and restructuring non-
financial undertakings in difficulty OJ C 249, 31.7.2014, p. 1.
19 The definition of undertakings in difficulty applied under the AGRI Guidelines is identical with that applied
in the Guidelines on State aid for rescuing and restructuring non-financial undertakings in difficulty.
12
(62) Furthermore the German authorities commit to suspend the payment of the notified
aid if the beneficiary still has at its disposal an earlier unlawful aid that was declared
incompatible, and recovery ordered, by a Commission Decision (either concerning
an individual aid or an aid scheme), until that beneficiary has reimbursed or paid into
a blocked account the total amount of unlawful and incompatible aid and the
corresponding recovery interest.
3. ASSESSMENT UNDER STATE AID RULES
3.1 Presence of state aid within the meaning of Article 107(1) of the TFEU
(63) Pursuant to Article 107(1) TFEU, aid granted by a Member State or through State
resources in any form whatsoever that distorts or threatens to distort competition by
favouring certain undertakings or the production of certain goods is incompatible
with the internal market, insofar as it affects trade between Member States.
(64) The notified scheme confers an advantage on selected recipients as it favours
primary agricultural producers economically active in certain regions of Baden-
Württemberg, Germany by compensating them for certain additional costs related to
the mandatory restrictions on the ordinary primary agricultural production.
(65) According to the case law of the Court of Justice, aid to an undertaking is deemed to
affect trade between Member States where that undertaking operates in a market
open to trade at EU level20. The mere fact that the competitive position of an
undertaking is strengthened compared with other competing undertakings, by giving
it an economic benefit which it would not otherwise have received in its normal
course of business, points to a possible distortion of competition.21 Therefore an aid
granted by a Member State to an undertaking may help to maintain or increase
domestic activity, with the result that undertakings established in other Member
States have less chance of penetrating the market of the Member State concerned.22
(66) The sector concerned is the agricultural sector which is open to competition at EU
level and therefore sensitive to any measure in favour of the production in one or
more Member States. As there is substantial intra-EU trade in agricultural products23,
the Commission concludes that the notified scheme is liable to affect trade between
Member States.
(67) The aid scheme is funded through the budget of Baden-Württemberg. Therefore, the
advantage is deemed to be granted from State resources.
(68) In light of the above the conditions of Article 107(1) TFEU are fulfilled. It can
therefore be concluded that the notified scheme constitutes State aid within the
20 See in particular Judgment of the Court of 13 July 1988, Case 102/87, French Republic v Commission, ECR
1988, p. 4067.
21 Judgment of the Court of 17 September 1980, Case 730/79, Philip Morris Holland BV v Commission, ECR
1980, p. 2671.
22 See in particular Judgement of the Court of 15 December 2005, Case C-66/02, Italy v Commission, ECR
2005, p. I-10968, para 117 and Judgment of the Court of 15 June 2006, Joined Cases C-393/04 and C-41/05,
Air Liquide Industries Belgium v Ville de Saraing and Provence de Liège, ECR 2006, p. I-5332, para 35.
23 For Germany, the exports of agricultural products amounted into EUR 68.1 billion and the imports into EUR
76.7 billion. Source European Commission, Eurostat, COMEXT, Directorate General for Economic and
Financing Affairs, Updated May 2014; to be found on
http://ec.europa.eu/agriculture/statistics/factsheets/pdf/de_en.pdf.
13
meaning of that article. Hence it must be examined whether the aid is compatible
with the internal market pursuant to Article 107(3) of the TFEU.
3.2 Lawfulness of the aid
(69) The German authorities have notified the aid scheme before its implementation
(which shall occur from the date the Commission adopts its approval decision).
3.3. Compatibility of the aid pursuant to Article 107(3)(c) TFEU
(70) In this case, taking into account the nature of the measures envisaged, the derogation
pursuant to Article 107(3)(c) TFEU may be invoked, whereby aid may be considered
compatible with the internal market if it aims 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.
(71) In this respect, it should be examined whether the aid scheme fulfils the requirements
of the compatibility rules in applicable State aid legislation. Since the Commission
Regulation (EU) No 702/201424 is not applicable (as no such aid is foreseen therein),
the assessment should be based on the AGRI Guidelines.
(72) The notified scheme concerns aid to compensate farmers for additional costs and
income forgone as a result of disadvantages in the areas related to the
implementation of Directive 2000/60/EC25.
(73) The Commission has therefore examined the proposed aid scheme in the light of the
AGRI Guidelines, under Part I, Chapter 3 Common assessment principles and under
Part II, Chapter 1, Section 1.1.6 Aid for disadvantages related to Natura 2000 areas
and to the Water Framework Directive.
(74) Point 241 of the AGRI Guidelines stipulates that the Commission will consider aid
for disadvantages related to Natura 2000 areas and to the Water Framework
Directive compatible with the internal market under Article 107(3)(c) TFEU if it
complies with the common assessment principles of the AGRI Guidelines, and with
the applicable conditions set out in paragraphs 242-250 thereof.
Common assessment principles
(75) According to point 38 of the AGRI Guidelines, the common assessment principles
apply to aid granted in accordance with Article 107(3)(c) TFEU.
(76) As described in recital (17) above, the objective of the present notified scheme is to
ensure the sufficient quality and protection of drinkable water sources in Baden-
Württemberg in Germany from degradations caused by agricultural activities, which
constitutes a common objective in the sense of point 43 of the AGRI Guidelines.
(77) As the German authorities demonstrated (by providing the relevant documentation)
that the notified aid scheme does not form part of the regional framework for rural
development and that overall, it fits into and is consistent with the rural development
24
Commission Regulation (EU) No 702/2014 of 25 June 2014 declaring certain categories of aid in the
agricultural and forestry sectors and in rural areas compatible with the internal market in application of Articles
107 and 108 of the Treaty on the Functioning of the European Union (OJ L 193, 1.7.2014, p. 1). 25
Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a
framework for Community action in the field of water Policy (OJ L 327, 22.12.2000, p.1).
14
framework (recital (59)), the conditions of point 47 and 58 of the AGRI Guidelines
are met.
(78) As demonstrated by the German authorities, the aid scheme does not support any
extension of the production. By compensation for the resulting costs, it aims
exclusively at diminishing and removing the negative impacts and degradations
caused by agricultural activities on drinkable water sources. The German authorities
have demonstrated the achievements reached so far (recital (26)) and the importance
for continuing this water protection policy. The protection of drinkable water sources
from further degradation has significant positive impacts on the environment (recital
(40)). Therefore, no negative impact on the environment within the meaning of point
52 of the AGRI Guidelines has been identified.
(79) It can be overall concluded that the German authorities have proved the necessity of
a State intervention within the meaning of points 53 and 54 of the AGRI Guidelines.
The aid scheme aims at compensating the economic disadvantages of farmers the
agricultural activity of which is restricted beyond the standard agricultural
restrictions (see recitals (20) - (22)). The analysis demonstrates that the notified aid
scheme can be considered necessary to achieve the objectives of common interest, in
particular the protection of drinkable water sources in the territory of Baden-
Württemberg as a part of the efficient and sustainable use of natural resources. Thus
it can be concluded that the conditions of point 55 of the AGRI Guidelines have been
met.
(80) The German authorities also provided the relevant data to demonstrate the
achievements and progress made regarding the protection of drinkable water sources
in the preceding period 2001 – 2012 (recital (26)). Under point 55 of the AGRI
Guidelines, the aid should be considered necessary to achieve the objectives of
common interest specified in the AGRI Guidelines, if the specific conditions of Part
II of the AGRI Guidelines have been fulfilled. Moreover, in line with point 57 of the
AGRI Guidelines, aid fulfilling these specific conditions is considered an appropriate
policy instrument. The fulfilment of the specific conditions is assessed in recitals
(87) et seq.
(81) In line with points 59 et seq. of the AGRI Guidelines, the German authorities
demonstrated that the selected form of aid – direct grant – appears to be the most
suitable one as the aid is compensatory in nature. According to point 244 of the
AGRI Guidelines, compensation is envisaged as an aid instrument for this type of aid
scheme. It can therefore be concluded that the presumption under point 60 of the
AGRI Guidelines applies.
(82) The German authorities have analysed and demonstrated the need for the protection
of drinkable water sources by imposing mandatory restrictions on the standard
agricultural activities in the designated areas. Aid paid to compensate the
disadvantaged farmers is compensatory in its nature. According to point 75(b) of the
AGRI Guidelines, such aid is not required to have an incentive effect. The condition
under point 68 of the AGRI Guidelines has therefore been met.
(83) Furthermore, the German authorities confirmed that the notified aid cannot be
cumulated with aid received from other local, regional, national or EU schemes to
cover the same eligible costs (recital (15)). This will avoid the risk of cumulation of
aid, in line with points 99-101, 104 and 106 of the AGRI Guidelines.
15
(84) According to point 82 of the AGRI Guidelines, in order for the aid to be
proportionate, the Commission considers that the aid amount should not exceed the
eligible costs. As provided for in the notification, the maximum aid intensity was set
at 100% of eligible costs (recital (13)). Moreover, the risk of overcompensation
appears to be eliminated as the German authorities confirmed (recitals (46) and (47)
above)) that all reference values and price developments for the relevant supported
activities are constantly monitored and adjusted to avoid any possible
overcompensation. Moreover, the German authorities adjusted and decreased the
annual budget of the aid scheme to reflect the achievements so far under the previous
aid scheme. It can therefore be concluded that the requirement of proportionality has
been met (see point 84 of the AGRI Guidelines). The maximum aid intensity and aid
amount will be calculated by the granting authority when granting the aid. The
eligible costs will be supported by documentary evidence (recitals (44) and (56)).
The conditions under point 85 of the AGRI Guidelines are, therefore, complied with.
Moreover, under point 93 of the AGRI Guidelines, the Member States can fix the aid
amount for this type of scheme on the basis of standard assumptions of additional
costs and income foregone under certain conditions provided therein. As
demonstrated in recitals (48) et seq. and in the Annexes, these specific conditions are
complied with.
(85) The German authorities have analysed the risk of distortion of competition when
implementing the notified aid scheme. As they demonstrated (see recital (39)), the
aid scheme aims at granting compensation for the economic disadvantages which
result from mandatory restrictions on ordinary agricultural activity. The aid scheme
does not have any direct link to any production processes or their extension.
Therefore, the Commission could not identify any significant distortion of
competition and trade, in line with point 113 of the AGRI Guidelines.
(86) Regarding the transparency requirements stipulated in points 128 to 132 of the AGRI
Guidelines, the German authorities have committed to comply with these
requirements (recital (60)).
The conditions set out in recitals 241-250 of the AGRI Guidelines
(87) In line with point 242 of the AGRI Guidelines, the German authorities confirmed
that the State aid scheme will apply to undertakings active in primary agricultural
production (recital (4)).
(88) They have furthermore confirmed that the notified aid Scheme aims at compensating
for additional costs and income foregone resulting from disadvantages in the areas
concerned which relate to the implementation of the Water Framework Directive
(recital (5)). The condition under point 244 of the AGRI Guidelines is, therefore,
complied with.
(89) Point 246 of the AGRI Guidelines provides that "aid linked to the Water Framework
Directive may only be granted in relation to specific requirements that:
(a) were introduced by the Water Framework Directive, are in accordance with
the programmes of measures of the river basin management plans for the
purpose of achieving the environmental objectives of that Directive and go
beyond the measures required to implement other Union legislation for the
protection of water;
16
(b) go beyond the statutory management requirements and the good agricultural
and environmental condition provided for in Chapter I of Title VI of
Regulation (EU) No 1306/201326 and the relevant criteria and minimum
activities as established pursuant to points (c)(ii) and (iii) of Article 4(1) of
Regulation (EU) No 1307/201327;
(c) go beyond the level of protection of the Union law existing at the time the
Water Framework Directive was adopted as laid down in Article 4(9) of the
that Directive; and
(d) impose major changes in the type of land use, and/or major restrictions in
farming practice resulting in a significant loss of income."
(90) The Commission has assessed the compliance of the notified aid scheme with these
conditions:
(91) In compliance with point 246 a) of the AGRI Guidelines, the German authorities
demonstrated that support shall be provided for the additional costs and income
foregone that results from disadvantages related to specific requirements that were
introduced by the Water Framework Directive, in accordance with the programmes
of measures of the river management plans for the purpose of achieving the
environmental objectives of that Directive and go beyond the measures required to
implement other Union legislation for the protection of water (recitals (22) - (23)).
(92) In compliance with point 246 b) of the AGRI Guidelines, the German authorities
demonstrated and provided sufficient details that support will only be provided for
obligations (restrictions of the ordinary agricultural activity) going beyond cross-
compliance rules as defined in Regulation (EU) 1306/2013 and transposed national
rules as well as those relating to good agricultural and environmental conditions
(recitals (30) - (37)). The Commission has assessed the description of the respective
restrictions of the ordinary agricultural activities as presented above and came to the
conclusion that only obligations going beyond the statutory management
requirements and the good agricultural and environmental conditions will be
supported.
(93) The German authorities committed that the defined methodology for the calculation
of compensation would be adapted in order not to result in overlaps with obligations
under the German standards for good agricultural and environmental conditions
("GAECs") in case these would be changed.
(94) In line with point 246 c) of the AGRI Guidelines, the German authorities have
demonstrated that the mandatory obligations and restrictions imposed through the
application of the SchALVO go beyond the level of protection under Union law
existing at the time the Water Framework Directive was adopted as laid down in
Article 4(9) of that Directive; in particular, they go beyond the requirements
resulting from the implementation of the Nitrates Directive (recital (21)).
26
Articles 91 to 95 containing rules on cross-compliance. 27
Article 4(c) of the Regulation (EU) No 1307/2013 reads:
(c) "agricultural activity" means:
(i) production, rearing or growing of agricultural products, including harvesting, milking, breeding animals, and keeping
animals for farming purposes,
(ii) maintaining an agricultural area in a state which makes it suitable for grazing or cultivation without preparatory
action going beyond usual agricultural methods and machineries, based on criteria established by Member States on the
basis of a framework established by the Commission, or
(iii) carrying out a minimum activity, defined by Member States, on agricultural areas naturally kept in a state suitable for
grazing or cultivation.
17
(95) The German authorities have provided information showing that the mandatory
obligations and restrictions on the ordinary agricultural activities impose major
changes in type of land use and major restrictions in farming practice in the water
protection areas which result in a significant loss of income (recitals (30) - (37)).
They furthermore provided for a sufficiently detailed description of the methodology
of calculating the additional costs of these restrictions as well as compensatory
payments (recitals (48) et seq. and Annexes to this decision). It can therefore be
concluded that the condition of point 246 d) is complied with.
(96) Overall, it can be concluded that the German authorities have provided sufficiently
detailed explanatory information and descriptions in their notification of the
requirements as stipulated in point 246 of the AGRI Guidelines. The condition of
point 247 is, therefore, complied with.
(97) The German authorities committed that only agricultural areas included in river basin
management plans according to the Water Framework Directive will be eligible for
the support under the notified aid scheme (recital (22)). The condition of point 248 c)
is, therefore, complied with.
(98) The aid will be granted annually and per hectare of utilised agricultural area (UAA)
to farmers in order to compensate for costs incurred and income foregone resulting
from disadvantages in the areas related to the implementation of the Water
Framework Directive (recitals (51) - (56)). The support payments will be limited to
the maximum amount of up to €200/per hectare/year and will also respect the
minimum of EUR 50/per hectare/year in compliance with point 249 of the AGRI
Guidelines (recital (57)). In specific rare cases, as described in recital (57), the
maximum aid amount can exceptionally exceed the amount of €200/per hectare/year.
Given the explanation provided by the German authorities and their commitments as
to the avoidance of the risk of overcompensation, it can be concluded that point 250
of the AGRI Guidelines is complied with.
Other commitments
(99) Furthermore, the German authorities committed (and provided necessary information
to ensure) that the aid under the present scheme will not be cumulated with aid
received from other local, regional, national or European Union sources to cover the
same eligible costs (recitals (15) and (16)). Thus, the risk of cumulation will be
avoided.
(100) The notified aid scheme is foreseen to be in place until 31 December 2020. The
conditions under point 719 of the AGRI Guidelines are, therefore, met.
(101) The Commission takes note of the commitment by the German authorities that aid
will not be granted to firms in difficulty within the meaning of the Guidelines on
State aid for rescuing and restructuring non-financial undertakings in difficulty
(recital (61)).
(102) The Commission takes note that, in line with settled case law28
, the German
authorities commit to suspend the payment of the notified aid if the beneficiary still
has at its disposal an earlier unlawful aid that was declared incompatible by a
28 See judgment of the General Court of 13 September 1996, joined cases T-244/93 and T-486/93, Textilwerke
Deggendorf GmbH v Commission, p. II-2288, para 51 and 56 et seq.; confirmed by the judgment of the Court
of Justice of 15 May 1997, case C-355/95 P, p. I-2575, para 22 and 26 et seq.
18
Commission Decision (either concerning an individual aid or an aid scheme), and
recovery ordered, until that beneficiary has reimbursed or paid into a blocked
account the total amount of unlawful and incompatible aid and the corresponding
recovery interest (recital (62)).
(103) Consequently, based on the above assessment and the commitments made by the
German authorities, it may be concluded that the aid scheme in question complies
with the relevant provisions of the AGRI Guidelines.
4. CONCLUSION
(104) The Commission has accordingly decided not to raise objections to the scheme on
the grounds that it is compatible with the internal market pursuant to Article
107(3)(c) TFEU.
(105) 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 agree 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.
Your request should be sent via the secured e-mail system Public Key Infrastructure
(PKI) to: agri-state-aids-notifications@ec.europa.eu.
Yours faithfully,
For the Commission
Phil HOGAN
Member of the Commission
19
Annex I: Calculated basis for the standard aid per ha. (positive effects on costs have been subtracted)
The table below gives an overview of the costs that are compensated for as compared to the base line obligations which are not supported.
Measure Legal basis of
the EU
Nitrate-
Directive29
Legal basis of
the
Düngeverord-
nung in
Germany30
Good agricultural praxis Rules under the
provisions of SchALVO
Legal basis in the
SchALVO
Additional
costs/ha
(in €)
cost components
Green cover Annex II B No
8 voluntary --
no obligations all-year green cover based
on the greening measures
according to the provisions
of Annex 4
§ 5 para 4 c
in connection with
Annex 4
lit 1
54 - extra labour
- extra use of
machinery
- seed and plant
protection substances
Soil labour
(prohibition of
soil processing)
§ 3 para 7
§ 4 para. 2
only limitations directly
linked to the spread of
manure (e.g. immediate
manure processing);
no far-reaching, important
limitations related to the
soil processing
adjustment of the soil
processing and processing
of green plants to the local
conditions according to the
provisions of Annex 4
§ 5 para 4 d
in connection with
Annex 4
lit 2
24 - lower yield because of
sub-optimal soil
conditions
Obligatory
mulching or
direct drilling
after the
harvest
Annex II B No
8 voluntary
§ 3 para 7 only on sharply step areas
on stripes along the water
areas, prescribed as an
alternative; no further
special limitations
mulching or direct drilling
obligatory, depending on
the plant species according
to Annex 4, lit 2 e:
"growing of winter crops on
land previously used for
crops with nitrogen-rich
crop residues, and for corn,
is only allowed after
mulching or direct seeding."
§ 5 para. 4 d
in connection with
Annex 4
lit 2
19 - lower yield
- extra seed is necessary
(part of the seed is lost)
- extra labour,
machinery
- weed control costs
29
The EU Nitrate Directive has been implemented in Germany in the Düngenverordnung of the Bund and the Anlagen-regulations of the Länder. These legal acts stipulate the
mandatory obligations of the agricultural undertakings. 30
Düngenverordnung; in German: Verordnung über die Anwendung von Düngemitteln, Bodenhilfsstoffen, Kultursubstraten und Pflanzenhilfsmitteln nach den Grundsätzen der
guten fachlichen Praxis beim Düngen of 27.02.2007 (BGBl I 2007, p. 221).
20
Measure Legal basis of
the EU
Nitrate-
Directive29
Legal basis of
the
Düngeverord-
nung in
Germany30
Good agricultural praxis Rules under the
provisions of SchALVO
Legal basis in the
SchALVO
Additional
costs/ha
(in €)
cost components
Measuring N in
soil, analysis of
industrial
fertilizing
Annex III No
1.1 to 1.3
§ 3 para 3
No 1
§ 4 para 1
The present nitrogen in the
soil can be determined by
measurement, transfer of
comparable values from
other locations, or
appropriate estimation
procedure. A precise
measurement is not
mandatory.
Even in case of
manufactured manures no
compelling measurement is
required. Values must be
known, for example, by
considering country-
specific values.
Measuring methods
(Analysis of the present
amount of Nitrate from
soil supply of nitrate
nitrogen by analyzing soil
samples) for certain crops
/ -under certain
conditions; e.g. according
to Appendix 1, Section 1
for agricultural units > 10
acres for fertilizing corn,
potatoes, tobacco, hops
[...] pre-registered.
Fertilization is to be
performed within 2 weeks
from the date of existence
of the test results.
Nitrate presence analysis
regularly required in
accordance with
Appendix 1 para 8, using
appropriate rapid test or
exact analytical
determination for
companies with more than
10 GM at intervals of
three years.
§ 5 para 4 lit 1a
in connection with
Annex 1 and 2
20 - test costs
- sampling costs (incl.
transport)
- labour costs
- laboratory analysis
Spreading of
manure and/or
mineral
Annex III No
1.1 to 1.3
§ 3 para 4 Time of the application and
application rate of
fertilizers should be chosen
In nitrate problem and
nitrate sanitation areas, the
washout risk of nitrate
§ 5 para 4 lit 1 a
in connection with
Annex 1 and 2
7 - extra labour
- additional costs for
fertilisers
21
Measure Legal basis of
the EU
Nitrate-
Directive29
Legal basis of
the
Düngeverord-
nung in
Germany30
Good agricultural praxis Rules under the
provisions of SchALVO
Legal basis in the
SchALVO
Additional
costs/ha
(in €)
cost components
fertiliser in
gradual doses
using slow
working
fertiliser
so that the nutrients are
available for the plants on
the most suitable times and
in the right quantity (no
specific requirements)
nitrogen in the vegetation
period in accordance with
the Annex 1 and 2 is to be
reduced as much as possible
(breakdown of nitrogen
fertilization in single doses
with determined temporal
minimum distance and
maximum amounts for one-
individual cultures; use of
slow release fertilizers for
shallow-rooted crops in the
autumn, row, underfoot or
point-fertilization in case of
certain cultures etc.)
- extra machinery
Limitations of
N-ferstilisation,
additional
storage
capacities for
less
nitrogenrich
manure
Annex III No
1.1 to 1.3
§ 4 para 5
§ 7
§ 4 para 6
§ 4 Abs. 3
§ 3 Abs. 5
Prohibition of spreading
certain manufactured
manure between 1.11.
and 31.01 (processed
land), 15.11. and 31.01.
(green land)
After the last main crop
harvest a maximum of 40
kg of ammonium or up to
80 kg total material may
be applied.
Maximal amount of 170
kg N/ha for manufactured
fertilizers of animal
origin.
No application on
flooded, water soaked
In water protection areas -
zone II in principle no
application of liquid
manure of the animal
origin, Silage effluent
and similar substances, as
well as secondary raw
material fertilizers
(excluding pure vegetable
origin).
Detailed provisions the
spreading and application
of manufactured manure
(precise dates for
application, maximal
doses based on the crop
species)
§ 4 para 2 lit 1 and
2;
§ 5 para 4 lit 1 a and
b in connection with
Annex 2 and 3
42 - lower yield
- necessity to secure
additional manure
storage capacity
- extra machinery
22
Measure Legal basis of
the EU
Nitrate-
Directive29
Legal basis of
the
Düngeverord-
nung in
Germany30
Good agricultural praxis Rules under the
provisions of SchALVO
Legal basis in the
SchALVO
Additional
costs/ha
(in €)
cost components
§ 5 und § 7 and snowed areas
Controls concerning
yearly values of nutrients
and further recording
obligations (no specific
measurements)
6 Monate Lager-kapazität
für Gülle und Jauche
gemäß
Anlagenverordnung,
Anhang 231
Spreading of
manufactured manure
within 4-8 months, based
on the crop species,
between 15.09 – 01.03.
(e.g. permanent green
land 30.10. – 01.02; in
case of the winter wheat,
triticale spelled, winter
rye and other over-
wintering crops, no
application after the last
harvest; in case of
summer crops,
application no earlier than
2.1., 3.1 in case of maize
etc.)
When growing certain
crops, N-manure
application in the autumn
is prohibited;
Spreading of manufacture
manure in the autumn and
spring is limited based on
the local conditions.
Controls by collecting
soil samples every
autumn;
31
Anlagen-regulation: in German: Verordnung des Umweltministeriums über Anlagen zum Umgang mit wassergefährdenden Stoffen und über Fachbetriebe (Anlagenverordnung
wassergefährdende Stoffe - VAwS)* of 11 February 1994 (GBl. p. 182) amended by Artickel 141 of the Regulation of 25 January 2012 (GBl. No 3, p. 65) effective since 28
February 2012.
23
Measure Legal basis of
the EU
Nitrate-
Directive29
Legal basis of
the
Düngeverord-
nung in
Germany30
Good agricultural praxis Rules under the
provisions of SchALVO
Legal basis in the
SchALVO
Additional
costs/ha
(in €)
cost components
The storage times and the
resulting storage capacity
for manure must be at
least as great that the
application requirements
according to SchALVO
can be met.
Extra seeding
and ploughing
on pastureland
--
no obligations When gaps of more than 30
per cent of an upheaval, a
loose green-land
improvement is carried out
by seeding at least once
every four years.
When grazing is envisaged,
extra seeding once a year
obligatory.
§ 5 para 4 lit 1 c
in connection with
Annex 4
lit 7.1
7 - seed costs
- machinery and labour
costs
Adjustment to
crop rotation
Annex II B No
7 voluntary --
no obligations The operational crop
rotations are as far as
possible to be adapted to
the local conditions that
will help to reduce the
nitrate leaching from
nitrogen in the autumn.
§ 5 para 4 lit 1 f 29 - lost opportunity to
grow highly profitable
crops
Sum
202
The aid is calculated on the basis of the current crops on the average farm in the protected areas. Currently, the main crops are: winterwheat 19.39%,
winterbarley 9.08%, summer barley 12.08%, silomais 5.24%, pasture 17.58% (no other crop is grown on more than 5% of the land)
24
Annex II: Calculated basis for additional aid for cattle owning farms
Cattle owning farms in Zone II may not spread manure on their land at all whereas according to the good agricultural practice 170 kg N would still be
allowed.
Costs arise from the fact that this surplus manure has to be transported out of the zone II area (transport costs are 8 EUR/m³ manure, the transport of
maximally 23 m³ - the manure of 1 LU/ha - is taken into account). Furthermore, the farmer concerned will have to find someone who is prepared to
take over his manure (not taken into account in the calculation).
The aid amount is based on 23m³/ha x 8 EUR/m³ - various cost savings = 160 €/ha.32
If a farmer has part of his land outside Zone II he may of course spread manure there. Therefore, the aid amount a farmer receives depends on the
percentage of his land in Zone II areas.
32
Subject to the regular review based on the current earnings, costs of production and price developments. Calculations for 2013 amount to 176 €/ha/year.