Article 2 · Commission Regulation (EU) 2023/2391

Contents

Article 2Amendments to Regulation (EU) No 1407/2013#

Regulation (EU) No 1407/2013 is amended as follows:

(1)Article 1 is amended as follows:

(a)paragraph 1 is amended as follows:

(i)point (a) is replaced by the following:

(a)aid granted to undertakings active in the primary production of fishery and aquaculture products;’;

(ii)the following point (aa) is inserted:

(aa)aid granted to undertakings active in the sector of processing and marketing of fishery and aquaculture products, where the amount of the aid is fixed on the basis of price or quantity of products purchased or put on the market;’;

(b)paragraph 2 is replaced by the following:‘2.Where an undertaking is active in the sectors referred to in paragraph 1, points (a), (aa), (b) or (c), and is also active in one or more of the sectors or has other activities falling within the scope of this Regulation, this Regulation shall apply to aid granted in respect of the latter sectors or activities, provided that the Member State concerned ensures, by appropriate means such as separation of activities or distinction of costs, that the activities in the sectors excluded from the scope of this Regulation do not benefit from the de minimis aid granted in accordance with this Regulation.’;

(2)Article 2(1) is amended as follows:

(a)point (a) is replaced by the following:

(a)“agricultural products” means products listed in Annex I to the Treaty, with the exception of fishery and aquaculture products covered by Regulation (EU) No 1379/2013 of the European Parliament of the Council^note;

(b)the following points (d), (e) and (f) are added:

(d)“fishery and aquaculture products” means the products defined in Article 5, points (a) and (b), of Regulation (EU) No 1379/2013;

(e)“primary production of fishery and aquaculture products” means all operations relating to the fishing, rearing or cultivation of aquatic organisms, as well as on-farm or on-board activities necessary for preparing an animal or plant for the first sale, including cutting, filleting or freezing, and the first sale to resellers or processors;

(f)“processing and marketing of fishery and aquaculture products” means all operations, including handling, treatment and transformation, performed following the time of landing – or harvesting in case of aquaculture – that result in a processed product, as well as distribution thereof.’.