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Document 32023R2391
Commission Regulation (EU) 2023/2391 of 4 October 2023 amending Regulations (EU) No 717/2014, (EU) No 1407/2013, (EU) No 1408/2013 and (EU) No 360/2012 as regards de minimis aid for the processing and marketing of fishery and aquaculture products, and Regulation (EU) No 717/2014 as regards the total amount of de minimis aid granted to a single undertaking, its period of application and other matters
Commission Regulation (EU) 2023/2391 of 4 October 2023 amending Regulations (EU) No 717/2014, (EU) No 1407/2013, (EU) No 1408/2013 and (EU) No 360/2012 as regards de minimis aid for the processing and marketing of fishery and aquaculture products, and Regulation (EU) No 717/2014 as regards the total amount of de minimis aid granted to a single undertaking, its period of application and other matters
Commission Regulation (EU) 2023/2391 of 4 October 2023 amending Regulations (EU) No 717/2014, (EU) No 1407/2013, (EU) No 1408/2013 and (EU) No 360/2012 as regards de minimis aid for the processing and marketing of fishery and aquaculture products, and Regulation (EU) No 717/2014 as regards the total amount of de minimis aid granted to a single undertaking, its period of application and other matters
C/2023/6585
OJ L, 2023/2391, 5.10.2023, ELI: http://data.europa.eu/eli/reg/2023/2391/oj (BG, ES, CS, DA, DE, ET, EL, EN, FR, GA, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
In force
Official Journal |
EN Series L |
2023/2391 |
5.10.2023 |
COMMISSION REGULATION (EU) 2023/2391
of 4 October 2023
amending Regulations (EU) No 717/2014, (EU) No 1407/2013, (EU) No 1408/2013 and (EU) No 360/2012 as regards de minimis aid for the processing and marketing of fishery and aquaculture products, and Regulation (EU) No 717/2014 as regards the total amount of de minimis aid granted to a single undertaking, its period of application and other matters
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 108(4) thereof,
Having regard to Council Regulation (EU) 2015/1588 of 13 July 2015 on the application of Articles 107 and 108 of the Treaty on the Functioning of the European Union to certain categories of horizontal State aid (1), and in particular Article 2(1) thereof,
After consulting the Advisory Committee on State aid,
Whereas:
(1) |
In 2019, the Commission launched an evaluation of the performance of the sectoral instruments applicable to State aid in the fishery and aquaculture sector since their adoption in 2014-2015, including Commission Regulation (EU) No 717/2014 (2), with a view to amending or replacing them for the period 2021-2027. The results of that evaluation have shown that Regulation (EU) No 717/2014 remains a relevant, efficient and effective tool (3) for de minimis aid in the fishery and aquaculture sector. |
(2) |
In the context of that evaluation and also to ensure that the Member States could continue granting small amounts of aid pending the adoption, at the time, of Regulation (EU) 2021/1139 of the European Parliament and of the Council (4), Commission Regulation (EU) 2020/2008 (5) extended the period of application of Regulation (EU) No 717/2014 until 31 December 2022. |
(3) |
Following the consultation of the Advisory Committee on State aid, and in the light of the submissions received in the context of the public consultation of stakeholders regarding the revision of the instruments applicable to State aid in the fishery and aquaculture sector, Commission Regulation (EU) 2022/2514 (6) extended the period of application of Regulation (EU) No 717/2014 until 31 December 2023 to allow the Commission to finalise its position on the matter and to ensure that the Member States could continue granting small amounts of aid in accordance with Regulation (EU) No 717/2014. |
(4) |
Regulation (EU) No 717/2014 currently applies to aid granted to undertakings in the fishery and aquaculture sector, including undertakings active in the processing and marketing of fishery and aquaculture products, whereas Commission Regulation (EU) No 1408/2013 (7) applies only to undertakings active in the primary production of agricultural products. Consequently, undertakings active in the processing and marketing of fishery and aquaculture products are subject to the same individual ceiling laid down by Regulation (EU) No 717/2014 for undertakings active in the primary production of fishery and aquaculture products. However, undertakings active in the processing and marketing of agricultural products are subject to the higher individual ceiling laid down by Commission Regulation (EU) No 1407/2013 (8). |
(5) |
The differential treatment of processing and marketing of products originating from different food chains can ultimately risk distorting dynamics in the food sector. Considering the nature of the activities in the processing and marketing of fishery and aquaculture products, and the similarities with other processing and marketing activities, Regulation (EU) No 1407/2013 should apply to undertakings active in the processing and marketing of fishery and aquaculture products, provided that certain conditions are met. For that purpose, neither on-farm or on-board activities necessary for preparing an animal or plant for the first sale, including cutting, filleting or freezing, nor the first sale to resellers or processors should be considered as processing or marketing. |
(6) |
Regulations (EU) No 717/2014 and (EU) No 1407/2013 should therefore be amended to allow undertakings active in the processing and marketing of fishery and aquaculture products to benefit from de minimis aid under Regulation (EU) No 1407/2013. In order to ensure consistency across de minimis regulations, Commission Regulation (EU) No 360/2012 (9) should also follow the same approach regarding the treatment of processing and marketing of fishery and aquaculture products. For the purposes of such alignment, Regulation (EU) No 1408/2013 should also be amended. |
(7) |
In its Annex, Regulation (EU) No 717/2014 currently sets out maximum cumulative amounts of de minimis aid that can be granted per Member State to all undertakings over any period of three fiscal years, pursuant to Article 3(3) of that Regulation. Those maximum cumulative amounts represent 2,5 % of an annual fisheries turnover encompassing catching, processing and aquaculture activities. In light of the amendments necessary to Regulations (EU) No 717/2014, (EU) No 1407/2013, (EU) No 1408/2013 and (EU) No 360/2012, those maximum cumulative amounts should be revised to exclude processing activities. In addition, it is necessary to update the turnover related to catching and aquaculture activities based on more recent sectoral data. In particular, the maximum cumulative amounts should be based on a three-year average of the annual turnover of catching and aquaculture activities in each Member State, obtained by excluding the highest and lowest entries across the five-year period from 2014 to 2018. To ensure continuity in the planning and distribution of de minimis aid to the primary production of fishery and aquaculture products and a sufficient margin for action for all Member States, the Commission considers that no Member State should lose more than 60 % of the maximum cumulative amount previously set out in the Annex to Regulation (EU) No 717/2014. |
(8) |
Taking into account the increased need to use de minimis aid, it is appropriate to increase the individual ceiling, that is to say the maximum aid amount per single undertaking, set out in Regulation (EU) No 717/2014. In the light of the circumstances of the fishery and aquaculture sector, such an increase calls for a closer monitoring of the aid granted, therefore, Member States that opt for such higher individual ceiling should be required to use a central register in order to keep a record of all de minimis aid granted and to verify that neither the individual ceiling, nor the national cap, are exceeded. |
(9) |
The criteria for calculating the gross grant equivalent for loans and guarantees pursuant to Regulation (EU) No 717/2014 should be adjusted according to the increased de minimis ceiling. |
(10) |
Taking into account the situation of fishing fleets in the outermost regions referred to in Article 349 of the Treaty, certain operations falling outside the scope of Regulation (EU) No 717/2014 should exceptionally be included for such outermost regions only. Vessels of an overall length of less than 12 metres represent a substantial proportion of fishing fleets in outermost regions, and operations aiming at modernising such vessels are appropriate to address safety concerns due in particular to the obsolescence of fleets as well as high exposure to extreme weather events. Due to the remoteness, small size and artisanal nature of fishing activities in these regions, and considering that de minimis aid for such operations is subject to the de minimis ceilings and national caps set out in Regulation (EU) No 717/2014, such aid remains below a level capable of affecting competition and trade in the internal market. |
(11) |
The Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community (the ‘Withdrawal Agreement’), of which the Protocol on Ireland/Northern Ireland (the ‘Protocol’) forms an integral part, entered into force on 1 February 2020. |
(12) |
Article 126 of the Withdrawal Agreement provides for a transition period ending on 31 December 2020, after which Union law is no longer applicable to the United Kingdom of Great Britain and Northern Ireland. |
(13) |
However, Article 10 of the Protocol provides that certain provisions of Union law, listed in Annex 5 to that Protocol and which include Regulation (EU) No 717/2014, are to apply to the United Kingdom in respect of measures affecting the trade in agricultural products between Northern Ireland and the Union. |
(14) |
In order to ensure compliance with the provisions of the Withdrawal Agreement and the Protocol, it is necessary to replace the maximum cumulative amount for the entire United Kingdom set out in the Annex to Regulation (EU) No 717/2014 with the corresponding amount for Northern Ireland alone. |
(15) |
In order to ensure a level playing field, the maximum cumulative amount for Northern Ireland should be based on the same calculation method used for the Member States. |
(16) |
To ensure continuity and legal certainty and to align Regulation (EU) No 717/2014 with the legal framework applicable in the fishery and aquaculture sector, notably Commission Regulation (EU) 2022/2473 (10), it is appropriate to extend its period of application until 31 December 2029. |
(17) |
Regulations (EU) No 717/2014, (EU) No 1407/2013, (EU) No 1408/2013 and (EU) No 360/2012 should therefore be amended accordingly, |
HAS ADOPTED THIS REGULATION:
Article 1
Amendments to Regulation (EU) No 717/2014
Regulation (EU) No 717/2014 is amended as follows:
(1) |
Article 1 is replaced by the following: ‘Article 1 Scope 1. This Regulation applies to aid granted to undertakings active in the primary production of fishery and aquaculture products, with the following exceptions:
2. Where an undertaking is active in the primary production of fishery and aquaculture products and is also active in one or more of the sectors or has other activities falling within the scope of Commission Regulation (EU) No 1407/2013 (*2) that Regulation shall apply to aid granted in respect of the latter sector or sectors or activities, provided that the Member State concerned ensures, by appropriate means such as separation of activities or distinction of costs, that the primary production of fishery and aquaculture products does not benefit from the de minimis aid granted in accordance with that Regulation. 3. Where an undertaking is active in the primary production of fishery and aquaculture products as well as in the primary production of agricultural products falling within the scope of Commission Regulation (EU) No 1408/2013 (*3), this Regulation shall apply to aid granted in respect of the former sector provided that the Member State concerned ensures, by appropriate means such as separation of activities or distinction of costs, that the primary production of agricultural products does not benefit from de minimis aid granted in accordance with this Regulation. 4. For the purposes of the application of this Regulation, points (d) to (g) of paragraph 1 shall not apply to undertakings located in the Union’s outermost regions referred to in Article 349 of the Treaty in respect of vessels of an overall length of less than 12 metres. (*1) Regulation (EU) 2021/1139 of the European Parliament and of the Council of 7 July 2021 establishing the European Maritime, Fisheries and Aquaculture Fund and amending Regulation (EU) 2017/1004 (OJ L 247, 13.7.2021, p. 1)." (*2) Commission Regulation (EU) No 1407/2013 of 18 December 2013 on the application of Articles 107 and 108 of the Treaty on the Functioning of the European Union to de minimis aid (OJ L 352, 24.12.2013, p. 1)." (*3) Commission Regulation (EU) No 1408/2013 of 18 December 2013 on the application of Articles 107 and 108 of the Treaty on the Functioning of the European Union to de minimis aid in agriculture sector (OJ L 352, 24.12.2013, p. 9).’;" |
(2) |
Article 2(1) is amended as follows:
|
(3) |
Article 3 is amended as follows:
|
(4) |
Article 4 is amended as follows:
|
(5) |
in Article 5, paragraphs 1 and 2 are replaced by the following: ‘1. Where an undertaking is active in the primary production of fishery and aquaculture products and is also active in one or more of the sectors or has other activities falling within the scope of Regulation (EU) No 1407/2013, de minimis aid granted for activities in the primary production of fishery and aquaculture products in accordance with this Regulation may be cumulated with de minimis aid granted in respect of the latter sector or sectors or activities up to the relevant ceiling laid down in Article 3(2) of Regulation (EU) No 1407/2013, provided that the Member State concerned ensures, by appropriate means such as separation of activities or distinction of costs, that the primary production of fishery and aquaculture products does not benefit from de minimis aid granted in accordance with Regulation (EU) No 1407/2013. 2. Where an undertaking is active in the primary production of fishery and aquaculture products as well as in the primary production of agricultural products, de minimis aid granted in accordance with Regulation (EU) No 1408/2013 may be cumulated with de minimis aid in the primary production of fishery and aquaculture products in accordance with this Regulation up to the relevant ceiling laid down in this Regulation, provided that the Member State concerned ensures, by appropriate means such as separation of activities or distinction of costs, that the primary production of agricultural products does not benefit from de minimis aid granted in accordance with this Regulation.’ |
(6) |
Article 6 is amended as follows:
|
(7) |
in Article 8, the second paragraph is replaced by the following: ‘It shall apply until 31 December 2029.’; |
(8) |
the Annex is replaced by the text in the Annex to this Regulation. |
Article 2
Amendments to Regulation (EU) No 1407/2013
Regulation (EU) No 1407/2013 is amended as follows:
(1) |
Article 1 is amended as follows:
|
(2) |
Article 2(1) is amended as follows:
|
Article 3
Amendments to Regulation (EU) No 1408/2013
Regulation (EU) No 1408/2013 is amended as follows:
(1) |
in Article 1, paragraph 3 is replaced by the following: ‘3. Where an undertaking is active in the primary production of agricultural products as well as in the primary production of fishery and aquaculture products, Commission Regulation (EU) No 717/2014 (*6) shall apply to aid granted in respect of the latter sector, provided that the Member State concerned ensures, by appropriate means such as separation of activities or distinction of costs, that the primary production of agricultural products does not benefit from de minimis aid granted in accordance with that Regulation. (*6) Commission Regulation (EU) No 717/2014 of 27 June 2014 on the application of Articles 107 and 108 of the Treaty on the Functioning of the European Union to de minimis aid in the fishery and aquaculture sector (OJ L 190 28.6.2014, p. 45).’;" |
(2) |
in Article 2, paragraph 1 is replaced by the following: ‘1. For the purposes of this Regulation the following definitions apply:
(*7) Regulation (EU) No 1379/2013 of the European Parliament and of the Council of 11 December 2013 on the common organisation of the markets in fishery and aquaculture products, amending Council Regulations (EC) No 1184/2006 and (EC) No 1224/2009 and repealing Council Regulation (EC) No 104/2000 (OJ L 354, 28.12.2013, p. 1).’;" |
(3) |
in Article 5, paragraph 2 is replaced by the following: ‘2. Where an undertaking is active in the primary production of agricultural products as well as in the primary production of fishery and aquaculture products, de minimis aid granted for activities in the sector of agricultural production in accordance with this Regulation may be cumulated with de minimis aid for activities in the latter sector granted in accordance with Regulation (EU) No 717/2014 up to the relevant ceiling laid down in that Regulation, provided that the Member State concerned ensures, by appropriate means such as separation of activities or distinction of costs, that the primary production of agricultural products does not benefit from de minimis aid granted in accordance with Regulation (EU) No 717/2014.’ |
(4) |
in Article 6, paragraph 1 is replaced by the following: ‘1. Where a Member State intends to grant de minimis aid in accordance with this Regulation to an undertaking, it shall inform that undertaking, in written or electronic form, of the prospective amount of the aid expressed as a gross grant equivalent and of its de minimis character, making express reference to this Regulation and citing its title and publication reference in the Official Journal of the European Union. Where de minimis aid is granted in accordance with this Regulation to different undertakings on the basis of a scheme and different amounts of individual aid are granted to those undertakings under that scheme, the Member State concerned may choose to fulfil that obligation by informing the undertakings of a fixed sum corresponding to the maximum aid amount to be granted under that scheme. In such case, the fixed sum shall be used for determining whether the relevant de minimis ceiling is reached and the relevant national and sector caps are not exceeded. Before granting the aid, the Member State shall obtain a declaration from the undertaking concerned, in written or electronic form, about any other de minimis aid received to which this Regulation or other de minimis regulations apply during the previous 2 fiscal years and the current fiscal year.’ |
Article 4
Amendments to Regulation (EU) No 360/2012
Regulation (EU) No 360/2012 is amended as follows:
(1) |
Article 1(2) is amended as follows:
|
(2) |
Article 1(3) is amended as follows:
|
Article 5
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 4 October 2023.
For the Commission
The President
Ursula VON DER LEYEN
(1) OJ L 248, 24.9.2015, p. 1.
(2) Commission Regulation (EU) No 717/2014 of 27 June 2014 on the application of Articles 107 and 108 of the Treaty on the Functioning of the European Union to de minimis aid in the fishery and aquaculture sector (OJ L 190, 28.6.2014, p. 45).
(3) Commission Staff Working Document of 14 December 2022, Impact Assessment Report accompanying Communication from the Commission – Guidelines for the examination of State aid to the fishery and aquaculture sector, Commission Regulation (EU) …/… of XXX declaring certain categories of aid to undertakings active in the production, processing and marketing of fishery and aquaculture products compatible with the internal market in application of Articles 107 and 108 of the Treaty on the Functioning of the European Union and Commission Regulation (EU) No 717/2014 of 27 June 2014 on the application of Articles 107 and 108 of the Treaty on the Functioning of the European Union to de minimis aid in the fishery and aquaculture sector (SWD(2022) 408 final).
(4) Regulation (EU) 2021/1139 of the European Parliament and of the Council of 7 July 2021 establishing the European Maritime, Fisheries and Aquaculture Fund and amending Regulation (EU) 2017/1004 (OJ L 247, 13.7.2021, p. 1).
(5) Commission Regulation (EU) 2020/2008 of 8 December 2020 amending Regulations (EU) No 702/2014, (EU) No 717/2014 and (EU) No 1388/2014, as regards their period of application and other relevant adjustments (OJ L 414, 9.12.2020, p. 15).
(6) Commission Regulation (EU) 2022/2514 of 14 December 2022 amending Regulation (EU) No 717/2014 as regards its period of application (OJ L 326, 21.12.2022, p. 8).
(7) Commission Regulation (EU) No 1408/2013 of 18 December 2013 on the application of Articles 107 and 108 of the Treaty on the Functioning of the European Union to de minimis aid in the agriculture sector (OJ L 352, 24.12.2013, p. 9).
(8) Commission Regulation (EU) No 1407/2013 of 18 December 2013 on the application of Articles 107 and 108 of the Treaty on the Functioning of the European Union to de minimis aid (OJ L 352, 24.12.2013, p. 1).
(9) Commission Regulation (EU) No 360/2012 of 25 April 2012 on the application of Articles 107 and 108 of the Treaty on the Functioning of the European Union to de minimis aid granted to undertakings providing services of general economic interest (OJ L 114, 26.4.2012, p. 8).
(10) Commission Regulation (EU) 2022/2473 of 14 December 2022 declaring certain categories of aid to undertakings active in the production, processing and marketing of fishery and aquaculture products compatible with the internal market in application of Articles 107 and 108 of the Treaty on the Functioning of the European Union (OJ L 327, 21.12.2022, p. 82).
ANNEX
National cap referred to in Article 3(3)
(EUR) |
|
Member State |
Maximum cumulative amounts of de minimis aid granted per Member State to undertakings active in the primary production of fishery and aquaculture products (1) |
Belgium |
4 496 000 |
Bulgaria |
760 118 |
Czechia |
1 208 000 |
Denmark |
20 688 000 |
Germany |
22 208 000 |
Estonia |
1 572 000 |
Ireland |
11 969 529 |
Greece |
25 343 906 |
Spain |
66 336 000 |
France |
56 551 178 |
Croatia |
6 372 370 |
Italy |
38 524 000 |
Cyprus |
1 324 372 |
Latvia |
1 780 000 |
Lithuania |
3 328 000 |
Luxembourg |
0 |
Hungary |
846 353 |
Malta |
4 234 963 |
Netherlands |
13 633 923 |
Austria |
613 703 |
Poland |
16 532 000 |
Portugal |
11 786 313 |
Romania |
1 443 731 |
Slovenia |
396 000 |
Slovakia |
344 000 |
Finland |
3 149 148 |
Sweden |
7 544 000 |
United Kingdom as regards Northern Ireland |
1 206 336 |
(1) The maximum cumulative amounts of de minimis aid are based on a three-year average of the annual turnover of catching and aquaculture activities in each Member State, obtained by excluding the highest and lowest entries across the five-year period from 2014 to 2018. To ensure continuity in the planning and distribution of de minimis aid to the primary production of fishery and aquaculture products and a sufficient scope of action for all Member States, the Commission considers that no Member State is to lose more than 60 % of the maximum cumulative amount previously established by this Regulation.
ELI: http://data.europa.eu/eli/reg/2023/2391/oj
ISSN 1977-0677 (electronic edition)