CHAPTER IVOTHER AIDS FROM THE RESTRUCTURING FUND
Article 13Amounts of aid per Member State
F11.
By 31 May 2008 for the 2008/2009 marketing year and by 31 March 2009 for the 2009/2010 marketing year, the Commission shall fix the amounts attributed to each Member State under the restructuring fund for:
(a)
the aid for diversification provided for in Article 6 of Regulation (EC) No 320/2006;
(b)
the additional aid for diversification provided for in Article 7 of Regulation (EC) No 320/2006;
(c)
the transitional aid to certain Member States provided for in Article 9 of Regulation (EC) No 320/2006.
2.
The amounts referred to in paragraph 1(a) and (b) shall be based on:
(a)
the amount of the aid for diversification provided for in Article 6(2) of Regulation (EC) No 320/2006 multiplied by the amount of sugar quota renounced in the Member State concerned for which a restructuring aid is to be granted as from:
the 2006/2007 marketing year in the case of the amounts determined in October 2006,
the 2007/2008 marketing year in the case of the amounts determined in March 2007,
the 2008/2009 marketing year in the case of the amounts determined in March 2008,
the 2009/2010 marketing year in the case of the amounts determined March 2009;
(b)
the amount of the additional aid for diversification corresponding to the highest of the percentages obtained in accordance with Article 7(1) of Regulation (EC) No 320/2006, and multiplied by the total amount of sugar quota referred to in point (a) of this paragraph, up to:
the 2006/2007 marketing year in the case of the amounts determined in October 2006,
the 2007/2008 marketing year in the case of the amounts determined in March 2007,
the 2008/2009 marketing year in the case of the amounts determined in March 2008,
the 2009/2010 marketing year in the case of the amounts determined in March 2009.
The amount resulting from the calculation referred to in the first subparagraph shall be reduced, if applicable, by all the amounts of the additional diversification aid previously fixed in accordance with the method set out in this point;
(c)
if applicable, the amounts of the transitional aid to certain Member States provided for in Article 9 of Regulation (EC) No 320/2006.
3.
The amounts resulting from the method laid down in paragraph 2 shall be added to the respective amounts determined pursuant to paragraph 1 for the previous years.
Article 14National restructuring programmes
1.
By 31 December 2006 and by 30 September 2007, 2008 and 2009, the Member States concerned shall notify to the Commission their national restructuring programmes, detailing the measures to be undertaken within the limit of the amount of the aid for diversification determined pursuant to Article 13(2)(a), the amount of the additional aid for diversification determined pursuant to Article 13(2)(b) and the amount for transitional aid to certain member States referred to in Article 13(2)(c).
2.
National restructuring programmes shall include at least the following elements:
(a)
a summary of the main objectives, measures, actions, costs, financing interventions and time schedules provided for in each of the regions concerned;
(b)
a description of the regions concerned and an analysis of the problems linked to the restructuring of the sugar sector;
(c)
a presentation of the purposes and the actions or measures foreseen, demonstrating their consistency with the eligible restructuring plans referred to in Article 9, the rural development policy in the regions concerned and other measures undertaken or foreseen in these regions, in particular under other Community funds;
(d)
a time schedule of all the actions or measures provided for and the criteria followed to differentiate them from similar actions or measures intended to be financed by other Community funds;
(e)
if appropriate, the amount of the additional aid for diversification to be granted to growers of sugar beet or cane giving up their production and the objective and non-discriminatory criteria to be followed to distribute that aid;
(f)
a financial plan detailing all the costs by action or measure and the timetable foreseen for the payments.
F23.
The actions and measures provided for in a national restructuring programme shall be implemented by 30 September 2011 .
Article 15Transitional aid to full-time refiners
1.
A full-time refiner who, on 30 June 2006, was a refiner within the meaning of Article 7(4) of Regulation (EC) No 1260/2001 may apply for the transitional aid provided for in Article 8(2) of Regulation (EC) No 320/2006, to be granted by the Member State on whose territory it is situated.
2.
The full-time refiner shall lodge the aid application, accompanied by the business plan referred to in Article 8(3) of Regulation (EC) No 320/2006, by a deadline to be determined by the Member State concerned, which shall be no later than 30 September 2007.
3.
The business plan referred to in Article 8(3) of Regulation (EC) No 320/2006 shall include at least the following elements:
(a)
a summary of the main objectives, measures, actions, costs, financing interventions and time schedules;
(b)
a description and analysis of the problems encountered to adapt to the reform of the Community sugar market organisation;
(c)
a presentation of the actions or measures foreseen, demonstrating their consistency with other measures undertaken or foreseen under other Community funds in the region concerned under which the applicant is a beneficiary;
(d)
a time schedule of all the actions or measures foreseen and the criteria followed to differentiate them from similar actions or measures intended to be financed by other Community funds under which the applicant is a beneficiary;
(e)
a financial plan detailing all the costs by action or measure and the timetable foreseen for the payments.
4.
Actions or measures foreseen in the business plan shall include one or more of the following elements: investments, dismantling of production facilities, contributions to operational costs, provisions for depreciation of equipment and other provisions considered to be necessary in order to adapt to the new situation.
5.
The Member State shall decide on the eligibility of the business plan within the financial limits of Article 8(2) of Regulation (EC) No 320/2006 and shall notify the applicant and the Commission of its decision within 30 working days after the deadline referred to in paragraph 2 of this Article.
The Member State shall, within the same period, inform the Commission of the amounts to be awarded to each refiner and, if relevant, of the objective and non-discriminatory criteria used to distribute the aid between the different full-time refiners located on their territory.
6.
The actions or measures provided for in the business plan shall be implemented by 30 September 2010.