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
CHAPTER I
Common provisions
Article 1
Scope
Article 2
Definitions
Article 3
Notification threshold
Article 4
Conditions for exemption
Article 5
Transparency of aid
Article 6
Incentive effect
Article 7
Aid intensity and eligible costs
Article 8
Cumulation
Article 9
Publication and information
CHAPTER II
Procedural requirements
Article 10
Withdrawal of the benefit of the block exemption
Article 11
Reporting
Article 12
Evaluation
Article 13
Monitoring
CHAPTER III
Specific provisions for different categories of aid
Section 1
Fostering sustainable fisheries and the restoration and conservation of aquatic biological resources
Article 14
General conditions
Article 15
Aid for innovation in fisheries
Article 16
Aid for advisory services
Article 17
Aid for partnership between scientists and fishers
Article 18
Aid to promote human capital and social dialogue
Article 19
Aid to facilitate diversification and new forms of income
Article 20
Aid to first acquisition of a fishing vessel
Article 21
Aid to improve health, safety and working conditions for fishers
Article 22
Aid for the payment of insurance premiums and for financial contributions to mutual funds
Article 23
Aid to support systems of allocation of fishing opportunities
Article 24
Aid to limit the impact of fishing on the environment and adapt fishing to the protection of species
Article 25
Aid for innovation linked to the conservation of marine biological resources
Article 26
Aid for the protection and restoration of marine biodiversity and ecosystems and regimes in the framework of sustainable fishing activities
Article 27
Aid to improve energy efficiency and to mitigate the effects of climate change
Article 28
Aid for added value, product quality and use of unwanted catches
Article 29
Aid for fishing ports, landing sites, auction halls and shelters
Article 30
Aid for inland fishing and inland aquatic fauna and flora
Section 2
Fostering sustainable aquaculture activities
Article 31
General conditions
Article 32
Aid for innovation in aquaculture
Article 33
Aid for investments increasing productivity or positively impacting the environment in aquaculture
Article 34
Aid for the management, relief and advisory services for aquaculture farms
Article 35
Aid to promote human capital and networking in aquaculture
Article 36
Aid to increase the potential of aquaculture sites
Article 37
Aid to encourage new aquaculture entrepreneurs practising sustainable aquaculture
Article 38
Aid for the conversion to eco-management and audit schemes and organic aquaculture
Article 39
Aid for environmental services
Article 40
Aid for public health measures
Article 41
Aid for animal health and welfare measures
Article 42
Aid for prevention, control and eradication of diseases
Article 43
Aid for investment to prevent and mitigate the damage caused by animal disease
Article 44
Aid for aquaculture stock insurance
Section 3
Marketing and processing related measures
Article 45
Aid for marketing measures
Article 46
Aid for the processing of fishery and aquaculture products
Section 4
Other categories of aid
Article 47
Aid for collection, management, use and processing of data in the fisheries sector
Article 48
Aid to prevent and mitigate the damage caused by natural disasters
Article 49
Aid to make good the damage caused by natural disasters
Article 50
Aid to prevent and mitigate the damage caused by adverse climatic events which can be assimilated to a natural disaster
Article 51
Aid to make good the damage caused by adverse climatic events which can be assimilated to a natural disaster
Article 52
Aid to prevent and mitigate the damage caused by protected animals
Article 53
Aid to make good the damage caused by protected animals
Article 54
Aid for CLLD projects
Article 55
Limited amounts of aid for CLLD projects
Article 56
Tax exemptions and reductions in accordance with Directive 2003/96/EC.
CHAPTER IV
Transitional and final provisions
Article 57
Continued application of Regulation (EU) No 1388/2014
Article 58
Transitional provisions
Article 59
Entry into force and applicability
ANNEX I
Small and medium-sized enterprises (SMEs)
1.
Enterprise
2.
Staff headcount and financial thresholds determining enterprise categories
3.
Types of enterprise taken into consideration in calculating staff numbers and financial amounts
4.
Data used for the staff headcount and the financial amounts and reference period
5.
Staff headcount
6.
Establishing the data of an enterprise
ANNEX II
Information regarding State aid exempt under the conditions of this Regulation
PART I
to be provided through the established Commission electronic notification system as laid down in Article 11
Aid reference |
(to be completed by the Commission) |
|||||
Member State |
|
|||||
Member State reference number |
|
|||||
Region |
Name of the Region(s) (NUTS (1)) ……………………… |
Outermost regions Remote Greek islands Croatian islands of Dugi Otok, Vis, Mljet and Lastovo Other |
||||
Granting authority |
Name |
|
||||
Postal address |
|
|||||
Web address |
|
|||||
Title of the aid measure |
|
|||||
National legal basis (Reference to the relevant national official publication) |
|
|||||
Web link to the full text of the aid measure |
|
|||||
Type of measure |
Scheme |
|
||||
Ad hoc aid |
Name of the beneficiary and the group(2) it belongs to |
|
||||
|
||||||
Amendment of an existing aid scheme or ad hoc aid |
|
Commission aid reference |
||||
Prolongation |
|
|||||
Modification |
|
|||||
Duration(3) |
Scheme |
dd/mm/yyyy to dd/mm/yyyy |
||||
Date of granting |
Ad hoc aid |
dd/mm/yyyy |
||||
Economic sector(s) concerned |
All economic sectors eligible to receive aid |
|
||||
Limited to certain sectors: Please specify at NACE group level(4) |
|
|||||
Type of beneficiary |
SME |
|
||||
Large undertakings |
|
|||||
Budget |
Total annual amount of the budget planned under the scheme(5) |
National currency ………………….. (full amounts) |
||||
Overall amount of the ad hoc aid awarded to the undertaking(6) |
National currency ………………….. (full amounts) |
|||||
For guarantees(7) |
National currency ………………….. (full amounts) |
|||||
Aid instrument |
Grant/Interest rate subsidy |
|||||
Subsidised services |
||||||
Loan/Repayable advances |
||||||
Guarantee (where appropriate with a reference to the Commission decision(8)) |
||||||
Tax advantage or tax exemption |
||||||
|
||||||
Other (please specify) Indicate to which broad category below it would fit best in terms of its effect/function: Grant Subsidised services Loan Guarantee Tax advantage |
||||||
If co-financed by EU fund(s) |
Name of EU fund(s): |
Amount of funding (as per EU fund) |
National currency . (full amounts) |
|||
|
|
|
PART II
to be provided through the established Commission electronic notification system as laid down in Article 11
Aid for innovation in fisheries (Article 15) |
||||
Aid for advisory services (Article 16) |
||||
Aid for partnership between scientists and fishers (Article 17) |
||||
Aid to promote human capital and social dialogue (Article 18) |
||||
Aid to facilitate diversification and new forms of income (Article 19) |
||||
Aid to first acquisition of a fishing vessel (Article 20) |
||||
Aid to improve health, safety and working conditions for fishers (Article 21) |
||||
Aid for the payment of insurance premiums and for financial contributions to mutual funds (Article 22) |
||||
Aid to support systems of allocation of fishing opportunities (Article 23) |
||||
Aid to limit the impact of fishing on the environment and adapt fishing to the protection of species (Article 24) |
||||
Aid for innovation linked to the conservation of marine biological resources (Article 25) |
||||
Aid for the protection and restoration of marine biodiversity and ecosystems and regimes in the framework of sustainable fishing activities (Article 26) |
||||
Aid to improve energy efficiency and to mitigate the effects of climate change (Article 27) |
||||
Aid for added value, product quality and use of unwanted catches (Article 28) |
||||
Aid for fishing ports, landing sites, auction halls and shelters (Article 29) |
||||
Aid for inland fishing and inland aquatic fauna and flora (Article 30) |
||||
Aid for innovation in aquaculture (Article 32) |
||||
Aid for investments increasing productivity or positively impacting the environment in aquaculture (Article 33) |
||||
Aid for the management, relief and advisory services for aquaculture farms (Article 34) |
||||
Aid to promote human capital and networking in aquaculture (Article 35) |
||||
Aid to increase the potential of aquaculture sites (Article 36) |
||||
Aid to encourage new aquaculture entrepreneurs practising sustainable aquaculture (Article 37) |
||||
Aid for the conversion to eco-management and audit schemes and organic aquaculture (Article 38) |
||||
Aid for environmental services (Article 39) |
||||
Aid for public health measures (Article 40) |
||||
Aid for animal health and welfare measures (Article 41) |
||||
Aid for prevention, control and eradication of diseases (Article 42) |
||||
Aid for investment to prevent and mitigate the damage caused by animal disease (Article 43) |
||||
Aid for aquaculture stock insurance (Article 44) |
||||
Aid for marketing measures (Article 45) |
||||
Aid for the processing of fishery and aquaculture products (Article 46) |
||||
Aid for collection, management, use and processing of data in the fisheries sector (Article 47) |
||||
Aid to prevent and mitigate the damage caused by natural disasters (Article 48) |
||||
Aid to make good the damage caused by natural disasters (Article 49) |
Type of natural disaster: |
earthquake avalanche landslide flood tornado hurricane volcanic eruption wild fire other Please specify: …. |
||
Date of occurrence of the natural disaster |
dd/mm/yyyy to dd/mm/yyyy |
|||
Aid to prevent and mitigate the damage caused by adverse climatic events which can be assimilated to a natural disaster (Article 50) |
||||
Aid to make good the damage caused by adverse climatic events which can be assimilated to a natural disaster (Article 51) |
Type of the event: |
frost storms hail heavy or persistent rainfall severe droughts other Please specify: ……. |
||
Date of the event: |
dd/mm/yyyy to dd/mm/yyyy |
|||
Aid to prevent and mitigate the damage caused by protected animals (Article 52) |
||||
Aid to make good the damage caused by protected animals (Article 53) |
||||
Aid for CLLD projects (Article 54) |
||||
Limited amounts of aid for CLLD projects (Article 55) |
||||
Tax exemptions and reductions in accordance with Directive 2003/96/EC (Article 56) |
||||
Motivation |
Indicate why a State aid scheme has been established or an ad-hoc aid has been granted, instead of assistance under the European Maritime, Fisheries and Aquaculture Fund (EMFAF): measure not covered by the national operational programme; prioritisation in the allocation of funds under the national operational programme; funding no longer available under the EMFAF other Please specify: …….……. |
ANNEX III
Provisions for the publication of information referred to in Article 9(1)
ANNEX IV
Specific maximum aid intensity rates
Row |
Specific category of operation |
Maximum aid intensity rate |
||||||
|
|
|
||||||
1 |
The following operations contributing to the implementation of the landing obligation referred to in Article 15 of Regulation (EU) No 1380/2013
|
100 % 75 % 75 % |
||||||
2 |
Operations aimed at improving the health, safety and working conditions on board fishing vessels |
75 % |
||||||
3 |
Operations located in the outermost regions |
85 % |
||||||
4 |
Operations located in Greek islands which according to national law have been qualified as remote and in the Croatian islands of Dugi Otok, Vis, Mljet and Lastovo |
85 % |
||||||
5 |
Operations related to small-scale coastal fishing |
100 % |
||||||
6 |
Operations which fulfil all of the following criteria:
|
100 % |
||||||
7 |
Operations implemented by producer organisations, associations of producer organisations or interbranch organisations |
75 % |
||||||
8 |
Operations supporting sustainable aquaculture |
60 % |
||||||
9 |
Operations supporting innovative products, processes or equipment in fisheries, aquaculture and processing based on Article 15, Article 25, Article 28, Article 30, Article 32, Article 33 and Article 36. |
75 % |
||||||
10 |
Operations implemented by organisations of fishers or other collective beneficiaries |
60 % |
||||||
11 |
Financial instruments |
100 % |