Practical Seminar 6 th 7 th October 2016, Berlin With Experts from: European Commission, DG Agriculture and Rural Development Ministry of Environment and Food, The Danish AgriFish Agency, Denmark Agriculture and Environment Agency, Ministry of Agriculture and Forestry, Finland Brochure Including Interactive Workshops on: Identifying State aid The Practical Application of State aid in the Agricultural Sector 1
PRACTICAL SEMINAR Being up-to-date with the changes to State aid rules is key Practitioners in the field of State aid in the agricultural and forestry sectors have continuously been facing the challenge of understanding and applying the State aid rules. The European Commission has substantially adjusted the existing rules in these sectors to match changes in the Common Agricultural Policy (CAP). Therefore, the Agricultural Block Exemption and de minimis regulations have been developed as part of a new set of provisions, and so have the guidelines that the Commission applies when assessing aid. Those provisions also include the revised General Block Exemption and de minimis regulations that affect agricultural processing and marketing. Correctly applying State aid rules in the agricultural sector still causes difficulties For the agricultural and forestry sectors, the EU has adopted specific State aid rules and guidelines which differ significantly from the general EU State aid regulations. To ensure their effectiveness, Member States adherence is closely monitored by the European Commission. If the European Commission discovers that a Member State has violated these rules, the Member State might have to recover aid or even face a sanction. To avoid this financial risk and administrative burden, it is crucial that practitioners are aware of the specific scope and consequences of State aid rules in the agricultural and forestry sectors. Among others, difficulties arise when deciding which measures require notification and how one can handle the notification process. Further, it is not always clear how State aid in these sectors connects to related areas like rural development. Even after years of experience, many Member States still face difficulties when implementing these rules. Therefore, advanced knowledge of regulatory changes is key to avoid the risk of State aid recovery. Use this seminar as an opportunity to learn, practice and refresh your knowledge on State aid in the agricultural sector so you will be able to apply the rules correctly. Excellent! Very good up to the core! Well organised and even socially a very good relaxed cooperation! Jyri Inha, Legislative Counsellor, Budget Department, Ministry of Finance, Finland Who is this practical seminar for? Heads of Departments or Units, Specialists, Officers, Managers, Financing Advisors, Legal Advisors, Scheme Administrators, Auditors and other employees in public administrations responsible for national and EU funding in the agricultural and forestry sectors as well as businesses in those sectors benefiting from the use of State aid, in particular from Departments such as: State Aid Agriculture, Fisheries and Forestry Finance Legal Affairs Agri-Business EU-Coordination and European Affairs Rural Affairs Internal Audit in Ministries of Agriculture Ministries of Finance Ministries for Rural Development Ministries of Environment National and Regional Audit Offices Regional and local authorities responsible for finance and agriculture State Aid Monitoring Offices and National Competition Authorities Public and Private Banks Law firms and Consultancies specialising in State aid in the agricultural sector A very useful seminar! Declan Coppinger, Marketing Finance Manager, State Aids, Bord Bia, Ireland 2
What will you learn at this practical seminar? When do you need to apply State aid rules in the agricultural and forestry sectors? What rules are available, and which are best in different circumstances? Which regulatory changes have to be considered from now onwards? Where does State aid apply in EU promotion programmes? What do you need to know about parafiscal aid schemes? How do State aid rules for forestry differ from other rules? How can you identify State aid? What are the special needs of the agriculture sector? How to successfully cooperate with the European Commission during the notification process What exemption regulations and de minimis rules can help you? What are the specifics of environmental taxes? What is the link between rural development measures and State aid? Your benefits Ensure that your agricultural aid schemes are compatible with EU State aid rules Profit from three interactive sessions on the application of State aid in the agricultural sector Avoid the risk of State aid recovery jeopardising your projects and your reputation Gain more profound understanding of EU case law concerning the concept of State aid and the procedures for notification Improve your understanding of State aid provisions in the agricultural and forestry sectors Receive first-hand information from the European Commission Network and exchange knowledge and experiences with experts and colleagues from other Member States How to find out if State aid can fund the proposed scheme A good opportunity for networking and discussing State aid issues with the European Commission and also with other member states. Jana Bódiová, Advisor, State Aid Department, Ministry of Finance of the Slovak Republic It was warm, friendly, informative and very useful, thank you! Katrin Tamre, Lawyer, Legal Department, Rural Development Foundation, Estonia 3
PROGRAMME DAY 1 8.30-9.00 Registration and Handout of Seminar Material 9.00-9.05 Opening Remarks from the European Academy for Taxes, Economics & Law 9.05-9.30 Welcome Note from the Chairs and Round of Introductions Neil Marr, State Aid Advisor, Environment Agency, 9.30-10.15 Application of State Aid Rules to the Agricultural Sector The concept of State aid Specificities of the agricultural sector: Application of State aid rules Overview of agricultural State aid rules Overview of the most interesting agricultural State aid cases Transparency requirement New compatibility requirement entering into force on 1 st July 2016 Dr Ludmila Hamtcheva, Case Handler, Unit for Competition, DG Agriculture and Rural Development, European Commission 10.15-10.30 10.30-11.00 Coffee Break and Networking Opportunity Interactive Session 11.00-12.00 What is State Aid? DR LUDMILA HAMTCHEVA Case Handler, Unit for Competition, DG Agriculture and Rural Development, European Commission Dr Ludmila Hamtcheva is Case Handler in the unit for Competition in the DG Agriculture and Rural Development at the European Commission. She is a Member of the team responsible for the drafting of the Agricultural Block Exemption Regulation 2014-2020 as well as for State aid and Antritrust cases investigation. Prior to this, Ludmila Hamtcheva was Director at the Ministry of Agriculture and Food in Bulgaria where she was involved in the implementation of different CAP measure at national level, e.g. direct payment schemes and market support measures, including promotion programmes. Earlier tasks included policy coordination at the administration of the Council of Ministers of Bulgaria as well as working as Legal Expert at the Ministry of Agriculture in Bulgaria. NEIL MARR State Aid Advisor, Environment Agency, Neil Marr has been involved in interpreting and enforcing regulations since 1987. He joined the agricultural State aids team of the Department for Environment Food and Rural Affairs in 2005. This team also became responsible for fisheries State aid in 2008. In this role he has facilitated the notification of a large number of schemes. During this period he trained many colleagues in this area and gave numerous presentations on different aspects of State aid. Neil Marr was seconded to the European Commission Energy State aid team between August 2013 and March 2016 when he returned to the UK to work in the Environment s State aid unit. Neil Marr has now had experience of working for a national regulatory body, the Commission and a major funder of schemes in a State aid role. Before, he has worked in the Police Complaints Authority, the Directors Disqualification Unit and the Enforcement Unit at the Radiocommunications Agency. 4 Group exercise Identify what is and isn t a State aid Neil Marr, State Aid Advisor, Environment Agency, MICHAEL FOGDEN Legal Adviser, Agriculture and Michael Fogden has been advising British and other levy-funded agriculture boards on legal matters for over 25 years, as they work to improve the efficiency of the industry. He has international recognition and has represented British interests on many occasions. Michael Fogden uses his unique experience and expertise in the development, interpretation and communication of relevant law. He has worked with the EU institutions and national governments on agricultural State aid and the laws controlling the composition, hygiene and labelling of agricultural products. He also advises on agricultural and food law.
12.00-12.45 The Link Between EU Rural Development Measures and State Aid Rules Rules as regards Rural Development Annex I activities Rules as regards Rural Development non-annex I activities Rural development and State aid procedural rules Dr Ludmila Hamtcheva, Case Handler, Unit for Competition, DG Agriculture and Rural Development, European Commission 12.45-13.00 13.00-14.00 Lunch Break and Networking Opportunity 14.00-14.45 Simplified Notification Procedures in the Agricultural Sector Agricultural Block Exemption Regulation (ABER) General Block Exemption Regulation (GBER) Agricultural and general de minimis support Neil Marr, State Aid Advisor, Environment Agency, 14.45-15.00 15.00-15.30 Coffee Break and Networking Opportunity Interactive Workshop Session 15.30-16.00 Identifying State Aid: Introduction and Available Rules In this interactive workshop session participants have to identify State aid and find the correct answers to questions posed by our experts. Identify measures that require State aid clearance Are measures compliant with State aid rules? Which rules might be most appropriate? During the session participants are supported by our experts who are ready to give advice. Neil Marr, State Aid Advisor, Environment Agency, LARS KOLZE Head of Office for Legal Affairs, The Danish AgriFish Agency, Ministry of Environment and Food, Denmark Lars Kolze is Head of Office for Legal Affairs in the Danish AgriFish Agency of the Ministry of Environment and Food in Denmark. He has extensive experience with State aid in the agricultural sector, in particular with parafiscal aid schemes. Before, he worked with various EU subsidy schemes and for the Greenland Home Rule Government. He studied law at the universities of Aarhus, Denmark and Aberdeen, Scotland. 16.00-16.45 Parafiscal Levies under the State Aid Rules What is a parafiscal levy scheme? The European Commission s approval of parafiscal levy schemes under the State aid rules Compliance with treaty provisions on internal levies (Art. 110) What demands should be met? Decision C 43/04 on State aid to wine promotion in Portugal Lars Kolze, Head of Office for Legal Affairs, The Danish AgriFish Agency, Ministry of Environment and Food, Denmark 16.45-17.00 Introductory Session 17.00-17.15 Application of Rules and Financial Constraints During this short introductory session the speakers will set the scene for tomorrow s extensive workshop session on the application of rules and financial constraints. Neil Marr, State Aid Advisor, Environment Agency, 17.15 End of Day One 5
PROGRAMME DAY 2 9.00-9.05 Welcome Note from the Chairs Neil Marr, State Aid Advisor, Environment Agency, Interactive Workshop Session 9.05-12.30 Application of Rules and Financial Constraints TEEMU SEPPÄ Senior Adviser, Forestry and Bioenergy, Natural Resources Department, Ministry of Agriculture and Forestry, Finland Teemu Seppä has been working as Senior Adviser for the Finnish Ministry of Agriculture and Forestry since 2007. His responsibilities include the EU co-ordination in the forestry sector, the preparation of national positions and he is the Finnish representative in EU Commission s Standing Forestry Committee. In 2006 Teemu Seppä worked as Senior Advisor at the Ministry of Environment of Finland and dealt with forest-related issues of the Finnish EU Presidency. Prior, he held positions as researcher at the Ministry of Agriculture and Forestry and at the University of Helsinki. In this interactive workshop session participants develop a case example and apply State aid rules to their scenario. Understanding the scene Analysing a proposed scheme Applying the range of State aid rules Defending the scheme Conclusions: Can State aid fund the proposed scheme? Participants work in small groups and will then present and discuss their results to each other. During the session they are supported by our experts who are ready to give advice. Neil Marr, State Aid Advisor, Environment Agency, 14.30-15.00 Coffee Break and Networking Opportunity 15.00-15.45 Environmental Taxes Facing the Challenge Exemptions and reductions: The question of selectivity Nature and logic of the tax system: Do the proposed exemptions fit in? Community guidelines on State aid for environmental protection What demands should be met? Lars Kolze, Head of Office for Legal Affairs, The Danish AgriFish Agency, Ministry of Environment and Food, Denmark 15.45-16.00 16.00 End of Seminar and Handout of Certificates A coffee break will be provided during this session. 12.30-13.30 Lunch Break and Networking Opportunity 13.30-14.15 Handling State Aid in the Forestry Sector Forestry measures under rural development The EU guidelines and exemption regulation for State aid in the forestry sector Forestry State aid in Finland Teemu Seppä, Senior Adviser, Forestry and Bioenergy, Natural Resources Department, Ministry of Agriculture and Forestry, Finland It was great, I liked the interactive sessions. Ksenja Podpečan, Advisor, Rural Development Division, Ministry of Agriculture, Forestry and Food, Slovenia 14.15-14.30 6
ORGANISATIONAL MATTERS Date of Event 6 th 7 th October 2016 Booking Number S-1362 Event Language The event language will be English. Event Price Early booking price valid until the 8 th of July 2016: 989,- Euro excl. German VAT (19%) Normal price from the 9 th of July 2016: 1.289,- Euro excl. German VAT (19%) The above price covers the following: Admission to the seminar Hand-out documents Seminar certificate, if seminar fully attended Soft drinks and coffee / tea on both event days Lunch on both event days Upon request you can receive a digital version of the seminar documents after the event for 60,- Euro excl. German VAT (19%) in addition to the seminar. BOOKING E-mail: booking@euroacad.eu Phone: +49 (0)30 802080-20 Fax: +49 (0)30 802080-22 250 For online booking please visit our website: www.euroacad.eu Contact European Academy for Taxes, Economics & Law at Potsdamer Platz, Entrance Leipziger Platz 9, 10117 Berlin, Germany Phone: +49 (0)30 80 20 80 20 Fax: +49 (0)30 80 20 80 250 E-mail: info@euroacad.eu Internet: www.euroacad.eu Your contact persons for the programme: Regina Lüning, M. Sc. econ. Head of Marketing and Sales Phone: +49 (0)30 80 20 80 22 300 Fax: +49 (0)30 80 20 80 22 259 E-mail: regina.luening@euroacad.eu Laura Hentz, M.A. Senior Conference Manager Phone: +49 (0)30 80 20 80 21 344 Fax: +49 (0)30 80 20 80 22 259 E-mail: laura.hentz@euroacad.eu (Programme is subject to alterations) Event Location Adina Apartment Hotel Berlin Checkpoint Charlie Krausenstraße 35-36 10117 Berlin, Germany Phone: +49 (0)30 20 07 67 0 Fax: +49 (0)30 20 07 67 599 E-mail: aber@adina.eu Internet: www.adina.eu Please contact the hotel directly and refer to the European Academy for Taxes, Economics & Law if you wish to benefit from a limited number of available rooms. Of course you can always look for an alternative hotel accommodation.
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