In the Official Gazette (Part I) no. 398 of 9 May 2023 was published the Government Decision (HG) no. 394 on the approval of the scheme ”De minimis aid for the application of the Programme to support the production of ware potatoes” in 2023.
The document establishes a de minimis aid scheme, in accordance with the provisions of Commission Regulation (EU) No 1408/2013 of 18 December 2013, hereinafter referred to as the de minimis Regulation in the agricultural sector, i.e. the granting of de minimis aid to support the production of ware potatoes for the year 2023 under the Programme to support the production of ware potatoes in the year 2023, hereinafter referred to as the Programme.
It is important to mention that the de minimis aid scheme applies throughout Romania in 2023 to support the production of ware potatoes – Solanum tuberosum.
Terms and expressions that have the following meanings:
a) de minimis aid – aid granted to an enterprise, the cumulative value of which over three financial years, the financial year in question and two previous financial years, does not exceed the equivalent in RON of the amount of 20.000 euro, according to the provisions of Article 3 paragraph (2) of the de minimis Regulation in the agricultural sector;
b) competent authorities – the Ministry of Agriculture and Rural Development, through the county or Bucharest agriculture directorates, hereinafter referred to as DAJ, and the territorial structures, namely the local/county or Bucharest centres of the Agency for Payments and Intervention for Agriculture, hereinafter referred to as APIA;
c) enterprise – any entity which, according to point (4) of the preamble of the de minimis Regulation in the agricultural sector, carries out an economic activity, regardless of its legal status and the way it is financed;
d) single enterprise – the entity defined in Article 2(2) of the de minimis Regulation in the agricultural sector;
e) ware potatoes – early potatoes, summer potatoes, autumn potatoes.
Beneficiaries, eligibility conditions and total amount of de minimis aid to support the production of ware potatoes:
The de minimis aid scheme is granted to enterprises/single enterprises active in the primary production of agricultural products to support the production of potatoes for consumption
The provisions of this scheme apply to enterprises/single enterprises as defined in (c) and (d) for potato crops as defined in (e) respectively:
a) to agricultural producers who are natural persons holding a producer’s certificate, issued on the basis of the Law no. 145/2014 for the establishment of some regulatory measures for the market of products in the agricultural sector, with subsequent amendments and additions, valid until 31 December 2023;
b) agricultural producers who are authorized natural persons, individual enterprises and family enterprises, established in accordance with the provisions of Government Emergency Ordinance no. 44/2008 on the conduct of economic activities by authorized natural persons, individual enterprises and family enterprises, approved with amendments and additions by Law no. 182/2016, with subsequent amendments and additions;
c) agricultural producers – agricultural companies, established in accordance with the provisions of Law no. 36/1991 on agricultural companies and other forms of association in agriculture, as amended and supplemented;
d) agricultural producers who are legal entities.
In order to be eligible for de minimis aid for the production of ware potatoes, beneficiaries must cumulatively meet the following eligibility criteria:
a) to apply for the de minimis aid provided for in this Decision;
b) to use an area cultivated with potatoes for consumption of at least 0,3 ha inclusive, marked in a visible place with a signpost/plot, on which there is the inscription “Program to support the production of potatoes for consumption, year ………, beneficiary number ……………………………., County Directorate for Agriculture …………………………………………./a Municipality of Bucharest”, with a minimum recommended size of 50 cm/70 cm;
c) to submit to the DAJ a written notification on the identification and evaluation of the production;
d) to obtain a production of at least 15 tonnes/ha from the area specified in point b), of which to market at least 6 tonnes/ha;
e) be registered in the Agricultural Register opened at the town halls in whose administrative-territorial district the areas cultivated with ware potatoes are located, in 2023;
f) provide proof of the minimum production achieved, according to the provisions of point d), by means of supporting documents, depending on the form of organisation.
The production referred to in point (d) shall be used by 17 November of the year of application at the latest.
Proof of the valorization of potato production is a copy of the daily closing fiscal reports for the potato product that is the subject of the Program/invoice/tab/tabs in the sales book.
The amount of financial support granted under the de minimis aid scheme is expressed as a grant.
The maximum amount in euro of de minimis aid financial support to be granted to beneficiaries is 200 euro/ha and is paid in lei at the exchange rate of 4.9490 lei, set by the European Central Bank on 30 September 2022, published in the Official Journal of the European Union (OJEU), C series, No 379 of 3 October 2022.
The total amount of de minimis aid to be granted to an enterprise/single enterprise may not exceed EUR 20,000 over a period of three financial years, during the current financial year, i.e. the year of application for the programme, and the two previous financial years, as provided for in Article 3(2) of the de minimis Regulation in the agricultural sector.
The amount of financial support is granted in proportion to the area actually cultivated.
The de minimis aid is paid to beneficiaries in a single instalment in 2023.
The financial resources necessary for the implementation of the de minimis aid scheme provided for in this decision are in the amount of 14,800 thousand lei, representing the equivalent of a maximum of 2,960 thousand euro, and are provided from the budget approved by the Ministry of Agriculture and Rural Development for 2023, under Chapter 83.01 “Agriculture, forestry, fish farming and hunting”, Title 51 “Transfers between public administration units”, Article 51. 01 “Current transfers”, paragraph 51.01.01 “Transfers to public institutions”, to the county and Bucharest municipal directorates for agriculture, which provide the necessary amounts for payments under Chapter 83.10 “Agriculture, forestry, fish farming and hunting”, Title 40 “Subsidies”, Article 40.15 “Support for agricultural producers”.How de minimis aid is granted:
According to the normative act, applicants complete and submit the application form for the program, accompanied by the following documents:
a) copy of the ID/CI of the applicant or of the legal representative, if the application is submitted through a legal representative/ authorised representative;
b) copy of the producer’s certificate valid until 31 December 2023;
c) power of attorney/notarised power of attorney and a copy of the ID/ID of a representative, if applicable;
d) a copy of the certificate of registration with the National Trade Register Office/National Register of Associations and Foundations or of the act on the basis of which it carries out its activity;
e) proof of active bank/treasury account;
f) certificate, in original, from the Agricultural Register, according to the entries for the year 2023, certifying the area of land cultivated with ware potatoes used by the applicant under any legal act conferring the right of use of the land in question;
g) declarations on their own responsibility, in accordance with the models set out in Annex 2
The application for registration in the programme and the documents mentioned above shall be submitted from the date of entry into force of this decision, i.e. 9 May and until 19 May of the year of application at the latest.
The application form, accompanied by the above documents, may be submitted to the County Agricultural Directorate (DAJ) by electronic means and/or by post/ courier.
Please note that the documents submitted by electronic means must be signed and dated, and copies must be certified “true to original” by the applicant.
In the case of applications submitted, the result shall be communicated by electronic means/post/courier, as appropriate, before the application is registered, and proof of transmission shall be attached to the application form.
We underline that in case the applicant uses areas of land cultivated with ware potatoes located in different counties/UAT, he will formulate and submit only one application for enrolment in the programme, to the DAJ where he has the largest cultivated area.
Important aspects!
The de minimis aid granted under this Decision shall be taken into account for deduction from any future de minimis aid scheme.
The de minimis aid provided for in this Decision shall not be granted to applicants whose area under ware potato crops is obtained by dividing an area under ware potato crops after the date of entry into force of this Decision, irrespective of the method of transfer of the area, with the exception of inheritance and sales contracts registered in the Agricultural Register.
Legal basis:
-HG nr.393/2023 on the approval of the scheme ”Aid de minimis for the application of the Programme for the support of garlic production”, as well as for the establishment of some measures for its verification and control, in 2023.
-https://www.madr.ro/