1. This Regulation applies to aid granted to undertakings active in the primary production of fishery and aquaculture products, with the following exceptions:

aid the amount of which is fixed on the basis of price or quantity of products purchased or put on the market;

aid granted to export-related activities towards third countries or Member States, namely aid directly linked to the quantities exported, to the establishment and operation of a distribution network or to other current expenditure linked to the export activity;

aid contingent upon the use of domestic over imported goods;

aid for the purchase of fishing vessels;

aid for the modernisation or replacement of main or ancillary engines of fishing vessels;

aid to operations increasing the fishing capacity of a fishing vessel or equipment increasing the ability of a fishing vessel to find fish;

aid for the construction of new fishing vessels or importation of fishing vessels;

aid to the permanent or temporary cessation of fishing activities with the exception of aid that meets the conditions laid down in Articles 20 and 21 of Regulation (EU) 2021/1139 of the European Parliament and of the Council ( *1 ) ;

aid to exploratory fishing;

aid to the transfer of ownership of a business;

aid to direct restocking, unless explicitly provided for as a conservation measure by a Union legal act or in the case of experimental restocking.

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 ).’;"

Article 2(1) is amended as follows:

points (a), (b) and (c) are replaced by the following:

“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 and of the Council ( *4 ) ;

“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 case of aquaculture – that result in a processed product, as well as distribution thereof.

( *4 ) 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 ).’;"

the following point (d) is added:

“undertakings located in the Union’s outermost regions referred to in Article 349 of the Treaty” means undertakings that have their main place of registration in an outermost region referred to in Article 349 of the Treaty and are active in that region.’;

Article 3 is amended as follows:

paragraph 2 is replaced by the following:

‘2. The total amount of de minimis aid granted per Member State to a single undertaking shall not exceed EUR 30 000 over any period of three fiscal years.’

the following paragraph 2a is inserted:

‘2a. By way of derogation from paragraph 2, a Member State may decide that the total amount of de minimis aid granted to a single undertaking shall not exceed EUR 40 000 over any period of three fiscal years, provided that the Member State has in place a national central register in accordance with Article 6(2).’

paragraph 3 is replaced by the following:

‘3. The cumulative amount of de minimis aid granted per Member State to undertakings active in the primary production of fishery and aquaculture products over any period of three fiscal years shall not exceed the national cap set out in the Annex.’

paragraphs 5 to 8 are replaced by the following:

‘5. The de minimis ceilings laid down in paragraphs 2 and 2a and the national cap set out in the Annex shall apply irrespective of the form of the de minimis aid or the objective pursued by it and irrespective of whether the aid granted by the Member State is financed entirely or partly by resources of Union origin. The period of three fiscal years shall be determined by reference to the fiscal years used by the undertaking in the Member State concerned.

6. For the purposes of the de minimis ceilings laid down in paragraphs 2 and 2a and the national cap set out in the Annex, aid shall be expressed as a cash grant. All figures used shall be gross, that is to say before any deduction of tax or other charge. Where aid is granted in a form other than a grant, the aid amount shall be the gross grant equivalent of the aid.

Aid payable in several instalments shall be discounted to its value at the moment it is granted. The interest rate to be used for discounting purposes shall be the discount rate applicable at the time the aid is granted.

7. Where the de minimis ceilings laid down in paragraphs 2 and 2a or the national cap set out in the Annex would be exceeded by the grant of new de minimis aid, that new aid shall not benefit from this Regulation.

8. In the case of mergers or acquisitions, all prior de minimis aid granted to any of the merging undertakings shall be taken into account in determining whether any new de minimis aid to the new or the acquiring undertaking exceeds the relevant de minimis ceiling or the national cap. De minimis aid lawfully granted before the merger or acquisition shall remain lawful.’

Article 4 is amended as follows:

in paragraph 3, point (b) is replaced by the following:

for measures in accordance with Article 3(2), the loan is secured by collateral covering at least 50 % of the loan and the loan amounts to either EUR 150 000 over 5 years or EUR 75 000 over 10 years, or, for measures in accordance with Article 3(2a), the loan is secured by collateral covering at least 50 % of the loan and the loan amounts to either EUR 200 000 over 5 years or EUR 100 000 over 10 years; if a loan is for less than those amounts or is granted for a period of less than 5 or 10 years respectively, the gross grant equivalent of that loan shall be calculated as a corresponding proportion of the de minimis ceilings laid down in Article 3(2) or (2a); or’;

paragraphs 4 and 5 are replaced by the following:

‘4. Aid comprised of capital injections shall only be considered as transparent de minimis aid if the total amount of the public injection does not exceed the relevant de minimis ceiling.

5. Aid comprised of risk finance measures taking the form of equity or quasi-equity investments shall only be considered as transparent de minimis aid if the capital provided to a single undertaking does not exceed the relevant de minimis ceiling.’

in paragraph 6, point (b) is replaced by the following:

for measures in accordance with Article 3(2), the guarantee does not exceed 80 % of the underlying loan and either the amount guaranteed does not exceed EUR 225 000 and the duration of the guarantee is 5 years or the amount guaranteed does not exceed EUR 112 500 and the duration of the guarantee is 10 years, or, for measures in accordance with Article 3(2a), the guarantee does not exceed 80 % of the underlying loan and either the amount guaranteed does not exceed EUR 300 000 and the duration of the guarantee is 5 years or the amount guaranteed does not exceed EUR 150 000 and the duration of the guarantee is 10 years; if the amount guaranteed is lower than those amounts or the guarantee is for a period of less than 5 or 10 years respectively, the gross grant equivalent of that guarantee shall be calculated as a corresponding proportion of the de minimis ceilings laid down in Article 3(2) or (2a); or’;

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.’

Article 6 is amended as follows:

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. The fixed sum shall be used for determining whether the relevant de minimis ceiling is reached and the national cap set out in the Annex is 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 two fiscal years and the current fiscal year.’

in paragraph 2, the following second subparagraph is added:

‘Where a Member State grants aid in accordance with Article 3(2a), it shall have in place a central register of de minimis aid containing complete information on all de minimis aid granted by any authority within that Member State. Paragraph 1 shall cease to apply from the moment the register covers a period of three fiscal years.’;

paragraph 3 is replaced by the following:

‘3. A Member State shall grant new de minimis aid in accordance with this Regulation only after having checked that this will not raise the total amount of de minimis aid granted to the undertaking concerned to a level above the relevant de minimis ceilings laid down in Article 3(2) and (2a) and the national cap set out in the Annex and that all the conditions laid down in this Regulation are complied with.’

in Article 8, the second paragraph is replaced by the following:

‘It shall apply until 31 December 2029.’;

the Annex is replaced by the text in the Annex to this Regulation.

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 ANNEX National cap referred to in Article 3(3)