COMMISSION REGULATION (EU) 2022/2514

of 14 December 2022

amending Regulation (EU) No 717/2014 as regards its period of application

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) In 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 (2), with a view to amending or replacing them for the period 2021-2027. The 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) In the context of the evaluation referred to in recital 1 and also to ensure that the Member States could continue granting small amounts of aid pending the adoption of Regulation (EU) 2021/1139 of the European Parliament and of the Council (3), Commission Regulation (EU) 2020/2008 (4) extended the period of application of Regulation (EU) No 717/2014 until 31 December 2022.

(3) Following the consultation of the Advisory Committee on State aid on 11 March 2022 and 9 September 2022, and in light of the submissions received in the context of the public consultation, the Commission has continued its reflection on the scope of the amendment of Regulation (EU) No 717/2014.

(4) To allow the Commission to finalise its position on the matter and to ensure that the Member States may continue granting small amounts of aid in accordance with Regulation (EU) No 717/2014, it is appropriate to extend its period of application with effect from 1 January 2023 and until 31 December 2023.

(5) In order to ensure that Member States may continue granting de minimis aid without any interruption, it is necessary that this regulation enters into force as a matter of urgency.

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

HAS ADOPTED THIS REGULATION:

Article 1 In Article 8 of Regulation (EU) No 717/2014, the second paragraph is replaced by the following: ‘It shall apply until 31 December 2023.’.

Article 2 This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union. It shall apply from 1 January 2023.

This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 14 December 2022. For the Commission The President Ursula VON DER LEYEN

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

(2) Commission Regulation (EU) No 717/2014 of 27 June 2014 on the application of Articles 107 and 108 of the Treaty on the Functioning of the European Union to de minimis aid in the fishery and aquaculture sector (OJ L 190, 28.6.2014, p. 45).

(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).

(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).