Article 4 · Commission Regulation (EU) 2023/2391

Contents

Article 4Amendments to Regulation (EU) No 360/2012#

Regulation (EU) No 360/2012 is amended as follows:

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

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

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

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

(aa)aid granted to undertakings active in the 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;’;

(c)the second subparagraph is replaced by the following:‘If undertakings are active in the sectors referred to in points (a), (aa), (b), (c) or (g) of the first subparagraph as well as in sectors not excluded from the scope of application of this Regulation, this Regulation applies only to aid granted in respect of those other sectors or activities, provided that Member States ensure, by appropriate means such as separation of activities or distinction of costs, that the activities in the excluded sectors do not benefit from the de minimis aid under this Regulation.’;

(2)Article 1(3) 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’;

(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 of the European Parliament of the Council^note;

(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.