Article 2, Paragraph 2. · Commission Regulation (EU) 2023/2832

Contents

2.‘Single undertaking’ means, for the purposes of this Regulation, all enterprises having at least one of the following relationships with each other:

(a)one enterprise has a majority of the shareholders’ or members’ voting rights in another enterprise;

(b)one enterprise has the right to appoint or remove a majority of the members of the administrative, management or supervisory body of another enterprise;

(c)one enterprise has the right to exercise a dominant influence over another enterprise pursuant to a contract entered into with that enterprise or pursuant to a provision in its memorandum or articles of association;

(d)one enterprise which is a shareholder in, or member of, another enterprise, controls alone, pursuant to an agreement with other shareholders in or members of that enterprise, a majority of shareholders’ or members’ voting rights in that enterprise.

Enterprises having any of the relationships referred to in points (a) to (d) through one or more other enterprises shall also be considered to be a single undertaking. However, enterprises performing services of general economic interest that have no relationship with each other, except for the fact that each of them has a direct link to the same public body or bodies, or to the same non-profit entity or entities, shall not be treated as a single undertaking for the purposes of this Regulation.

Defined terms · 9

Show every defined term

agricultural products
means products listed in Annex I to the Treaty, with the exception of fishery and aquaculture products falling within the scope of Regulation (EU) No 1379/2013 of the European Parliament of the Council;
fishery and aquaculture products
means the products defined in Article 5, points (a) and (b), of Regulation (EU) No 1379/2013;
marketing of agricultural products
means holding or displaying an agricultural product with a view to sale, offering for sale, delivery or any other manner of placing on the market, except the first sale by a primary producer to resellers or processors and any activity preparing a product for such first sale;
non-profit entity
means an entity irrespective of its legal status (organised under public or private law) or way of financing, whose primary purpose is to undertake social tasks, which reinvests any profits gained and which predominantly engages in non-commercial activities.
primary agricultural production
means the production of products of the soil and of stock farming, listed in Annex I to the Treaty, without performing any further operation changing the nature of such products;
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;
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 the case of aquaculture – that result in a processed product, as well as the distribution thereof;
processing of agricultural products
means any operation on an agricultural product resulting in a product that is also an agricultural product, except on-farm activities necessary for preparing an animal or plant product for the first sale;
Single undertaking
means, for the purposes of this Regulation, all enterprises having at least one of the following relationships with each other: Enterprises having any of the relationships referred to in points (a) to (d) through one or more other enterprises shall also be considered to be a single undertaking.