# C_2022175EN.01000101.xml

| 29.4.2022 | EN | Official Journal of the European Union | C 175/1 |
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29.4.2022

EN

Official Journal of the European Union

C 175/1

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COMMUNICATION FROM THE COMMISSION

Approval of the content of a draft Commission Regulation amending Regulation (EU) No 717/2014 as regards its period of application and the maximum cumulative amounts of de minimis aid

(2022/C 175/01)

The Commission has approved, on 17 December 2021, the content of a draft for a Commission Regulation amending Regulation (EU) No 717/2014 as regards its period of application and the maximum cumulative amounts of de minimis aid.

The draft for a Commission Regulation is attached as an Annex to this Communication. It will be opened for public consultation in January 2022 at:

http://ec.europa.eu/competition/consultations/open.html

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ANNEX

DRAFT COMMISSION REGULATION (EU) .../...

of ...

amending Regulation (EU) No 717/2014 as regards its period of application and the maximum cumulative amounts of de minimis aid

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 108(4) thereof,

Having regard to Council Regulation (EU) 2015/1588 of 13 July 2015 on the application of Articles 107 and 108 of the Treaty on the Functioning of the European Union to certain categories of horizontal State aid (1), and in particular Article 2(1) thereof,

After consulting the Advisory Committee on State Aid,

Whereas:

| (1) | On 29 April 2019, the Commission launched an evaluation of the performance of the sectoral instruments applicable to State aid in the fishery and aquaculture sector since their adoption in 2014-2015, including Commission Regulation (EU) No 717/2014, with a view to amending or repealing them for the period 2023-2027. The preliminary results of that evaluation have shown that Regulation (EU) No 717/2014 remains a relevant, efficient and effective tool, particularly to allow Member States to quickly address short-term negative impacts resulting from unexpected events that could endanger the economic performance of viable operators and jeopardise jobs (2). However, Regulation (EU) No 717/2014 should remain coherent and consistent with other rules relevant for the assessment of State aid in the fishery and aquaculture sector, in particular with Regulation (EU) 2021/1139 of the European Parliament and of the Council (3). |
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(1)

On 29 April 2019, the Commission launched an evaluation of the performance of the sectoral instruments applicable to State aid in the fishery and aquaculture sector since their adoption in 2014-2015, including Commission Regulation (EU) No 717/2014, with a view to amending or repealing them for the period 2023-2027. The preliminary results of that evaluation have shown that Regulation (EU) No 717/2014 remains a relevant, efficient and effective tool, particularly to allow Member States to quickly address short-term negative impacts resulting from unexpected events that could endanger the economic performance of viable operators and jeopardise jobs (2). However, Regulation (EU) No 717/2014 should remain coherent and consistent with other rules relevant for the assessment of State aid in the fishery and aquaculture sector, in particular with Regulation (EU) 2021/1139 of the European Parliament and of the Council (3).

| (2) | Commission Regulation (EU) 2020/2008 (4) extended the period of application of Regulation (EU) No 717/2014 until 31 December 2022 to ensure that the Member States could continue granting small amounts of aid pending the adoption of Regulation (EU) 2021/1139. |
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(2)

Commission Regulation (EU) 2020/2008 (4) extended the period of application of Regulation (EU) No 717/2014 until 31 December 2022 to ensure that the Member States could continue granting small amounts of aid pending the adoption of Regulation (EU) 2021/1139.

| (3) | The maximum cumulative amounts of de minimis aid granted per Member State to undertakings active in the fishery and aquaculture sector over any period of three fiscal years referred to in Article 3(3) of Regulation (EU) No 717/2014 should be updated with more recent sectoral data. In particular, the maximum cumulative amounts should be based on a three-year average of the annual turnover of catching, processing and aquaculture activities in each Member State, obtained by excluding the highest and lowest entries across a five-year period, i.e. 2014-2018. |
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(3)

The maximum cumulative amounts of de minimis aid granted per Member State to undertakings active in the fishery and aquaculture sector over any period of three fiscal years referred to in Article 3(3) of Regulation (EU) No 717/2014 should be updated with more recent sectoral data. In particular, the maximum cumulative amounts should be based on a three-year average of the annual turnover of catching, processing and aquaculture activities in each Member State, obtained by excluding the highest and lowest entries across a five-year period, i.e. 2014-2018.

| (4) | To ensure that the Member States may continue granting small amounts of aid in accordance with Regulation (EU) No 717/2014, and in order to ensure continuity and legal certainty, it is appropriate to make a number of adjustments to Regulation (EU) No 717/2014 as listed in Article 1 of the present act, to reflect the legal and economic developments in the fishery and aquaculture sector and to extend its period of application until 31 December 2027. |
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(4)

To ensure that the Member States may continue granting small amounts of aid in accordance with Regulation (EU) No 717/2014, and in order to ensure continuity and legal certainty, it is appropriate to make a number of adjustments to Regulation (EU) No 717/2014 as listed in Article 1 of the present act, to reflect the legal and economic developments in the fishery and aquaculture sector and to extend its period of application until 31 December 2027.

| (5) | Regulation (EU) No 717/2014 should therefore be amended accordingly, |
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(5)

Regulation (EU) No 717/2014 should therefore be amended accordingly,

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EU) No 717/2014 is amended as follows:

| (1) | in Article 1(1), point (h) is replaced by the following:






  ‘(h) | aid to the temporary or permanent cessation of fishing activities unless specifically provided for in Regulation (EU) 2021/1139 of the European Parliament and of the Council (*1); |
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(1)

in Article 1(1), point (h) is replaced by the following:

‘(h)

aid to the temporary or permanent cessation of fishing activities unless specifically provided for in Regulation (EU) 2021/1139 of the European Parliament and of the Council (*1);

(*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) | in Article 8, the second paragraph is replaced by the following:
  ‘It shall apply until 31 December 2027.’; |
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(2)

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

‘It shall apply until 31 December 2027.’;

| (3) | the Annex is replaced by the text in the Annex to this Regulation. |
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(3)

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

Article 2

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, ...

For the Commission

The President

Ursula VON DER LEYEN

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(*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).’;’

*1

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(1)  OJ L 248, 24.9.2015, p. 1.

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(2)  [PENDING]

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(3)  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).

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(4)  Commission Regulation (EU) 2020/2008 of 8 December 2020 amending Regulations (EU) No 702/2014, (EU) No 717/2014 and (EU) No 1388/2014, as regards their period of application and other relevant adjustments (OJ L 414, 9.12.2020, p. 15).

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ANNEX I

National cap as referred to in Article 3(3)

| (EUR) |
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| Member State | Maximum cumulative amount of de minimis aid granted per Member State in the fishery and aquaculture sector (1) |
| Belgium | 24 540 750 |
| Bulgaria | 2 172 884 |
| Czechia | 3 842 769 |
| Denmark | 81 833 109 |
| Germany | 77 196 702 |
| Estonia | 4 243 567 |
| Ireland | 26 601 846 |
| Greece | 28 923 364 |
| Spain | 217 119 657 |
| France | 181 019 480 |
| Croatia | 8 681 955 |
| Italy | 118 166 895 |
| Cyprus | 998 928 |
| Latvia | 5 513 209 |
| Lithuania | 16 035 859 |
| Luxembourg | 0 |
| Hungary | 1 259 151 |
| Malta | 3 474 898 |
| Netherlands | 37 118 541 |
| Austria | 2 986 023 |
| Poland | 72 434 934 |
| Portugal | 43 197 046 |
| Romania | 4 237 681 |
| Slovenia | 540 764 |
| Slovakia | 2 071 578 |
| Finland | 12 384 203 |
| Sweden | 20 537 179 |
| United Kingdom as regards Northern Ireland | 4 377 695 |

(EUR)

Member State

Maximum cumulative amount of de minimis aid granted per Member State in the fishery and aquaculture sector (1)

Belgium

24 540 750

Bulgaria

2 172 884

Czechia

3 842 769

Denmark

81 833 109

Germany

77 196 702

Estonia

4 243 567

Ireland

26 601 846

Greece

28 923 364

Spain

217 119 657

France

181 019 480

Croatia

8 681 955

Italy

118 166 895

Cyprus

998 928

Latvia

5 513 209

Lithuania

16 035 859

Luxembourg

0

Hungary

1 259 151

Malta

3 474 898

Netherlands

37 118 541

Austria

2 986 023

Poland

72 434 934

Portugal

43 197 046

Romania

4 237 681

Slovenia

540 764

Slovakia

2 071 578

Finland

12 384 203

Sweden

20 537 179

United Kingdom as regards Northern Ireland

4 377 695

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(1)  The maximum cumulative amounts of de minimis aid are based on a three-year average of the annual turnover of catching, processing and aquaculture activities in each Member State, obtained by excluding the highest and lowest entries across a five-year period, i.e. 2014-2018.’

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