Commission Regulation (EU) 2023/2607 of 22 November 2023 correcting Regulation (EU) 2022/2472 declaring certain categories of aid in the agricultural and forestry sectors and in rural areas compatible with the internal market in application of Articles 107 and 108 of the Treaty on the Functioning of the European Union
Date: 2023-11-22
Institutions: Directorate-General for Competition, European Commission
Subjects: State aid, agricultural holding, aid to agriculture, aid to undertakings, company in difficulties, control of State aid, forestry holding, rural region, silviculture




L_202302607EN.000101.fmx.xml












Official Journal of the European Union


EN
Series L













2023/2607


23.11.2023







            COMMISSION REGULATION (EU) 2023/2607
of 22 November 2023
         
correcting Regulation (EU) 2022/2472 declaring certain categories of aid in the agricultural and forestry sectors and in rural areas compatible with the internal market in application of Articles 107 and 108 of the Treaty on the Functioning of the European Union
(Text with EEA relevance)


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 1(1), points (a) and (b), thereof,


After consulting the Advisory Committee on State aid,

Whereas:







(1)


Commission Regulation (EU) 2022/2472 (2) contains technical errors which affect the content of the relevant provisions of that Regulation. Those errors concern wrong or missed cross references and omissions.












(2)


The errors impact the conditions for exempting State aid pursuant to Articles 1, 6, 11, 14, 17, 27, 28, 34 and 48 of Regulation (EU) 2022/2472, as well as the scope of the term defined in Article 2(2) of that Regulation. It is therefore appropriate to correct those provisions in as far as necessary to maintain the possibility to exempt the relevant State aid from notification as initially intended by Commission.












(3)


Regulation (EU) 2022/2472 should therefore be corrected accordingly,





HAS ADOPTED THIS REGULATION:



Article 1
Regulation (EU) 2022/2472 is corrected as follows:






(1)


in Article 1(5), point (d) is replaced by the following:






‘(d)


to cover the costs of the removal and destruction of fallen stock in accordance with Article 27(2), points (c), (d) and (e), and Article 28(3), point (d);’;














(2)


in Article 2, point (2) is replaced by the following:






‘(2)


“adverse climatic event which can be assimilated to a natural disaster” means unfavourable weather conditions such as frost, storms and hail, ice, heavy or persistent rain or severe drought which destroy, in the case of agriculture, more than 30 % of the average production calculated on the basis of the preceding three-year or four-year period or of the average production calculated on the basis of the preceding five-year or eight-year period, excluding the highest and the lowest entry; in the case of forestry, more than 20 % of the forestry potential;’;














(3)


in Article 6(5), point (f) is replaced by the following:






‘(f)


aid to cover the costs of the removal and destruction of fallen stock where the conditions laid down in Article 27(2), points (c), (d), (e) and (f) and Article 28(3)(d), are fulfilled’;














(4)


in Article 11, paragraph 4 is replaced by the following:

‘4.   Paragraphs 1 and 2 of this Article shall not apply in respect of aid granted to EIP Operational Group projects and to CLLD projects referred to in Articles 40 and 61.’
;









(5)


in Article 14, paragraph 10 is replaced by the following:

‘10.   The aid referred to in paragraph 1 shall not be granted in contravention of any prohibition or restriction laid down in Regulation (EU) No 1308/2013, even where such prohibitions and restrictions only refer to the Union support provided for in that Regulation. The aid shall not be limited to specific agricultural products and shall therefore be available either to all sectors of the primary agricultural production or to the whole plant production sector or to the whole animal production sector. However, Member States may exclude certain products because of overcapacity in the internal market or a lack of market outlets.’
;









(6)


in Article 17, paragraph 9 is replaced with the following:

‘9.   Aid shall not be granted in respect of investments to comply with Union and national standards in force.’
;









(7)


in Article 27(5), points (b) and (c) are replaced by the following:






‘(b)


75 % of the costs linked to destruction referred to in paragraph 2, point (d);










(c)


100 % of the administrative costs referred to in paragraph 2, point (a) and of the costs linked to removal and destruction referred to in paragraph 2, points (c), (e) and (f).’;














(8)


Article 28 is corrected as follows:






(a)


in paragraph 3, the introductory wording is replaced by the following:

                                          ‘The insurance or contribution to the mutual fund shall be intended to cover losses caused by any of the following:’;










(b)


in paragraph 4, the introductory wording is replaced by the following:

                                          ‘The insurance or contribution to the mutual fund shall:’;














(9)


in Article 34, paragraph 8 is deleted;










(10)


in Article 48, paragraph 7 is replaced by the following:

‘7.   The aid shall be limited to 100 % of the eligible costs, and shall not exceed EUR 200 000 per undertaking over a period of three years.’
;









(11)


in Annex II, part II is replaced by the following:

                                       ‘PART II

to be provided through the established Commission electronic notification system as laid down in Article 11

Please indicate under which provision of the ABER the aid measure is implemented







Primary Objectives
(Multiple objectives are possible; in this case indicate all objectives)



Maximum aid intensity in %


Maximum aid amount in national currency in full amounts




☐ Aid for investments in agricultural holding linked to primary agricultural production (Article 14)


 


 




☐ Aid for agricultural land consolidation (Article 15)


 


 




☐ Aid for investments concerning the relocation of farm buildings (Article 16)


 


 




☐ Aid for investments in connection with the processing and the marketing of agricultural products (Article 17)


 


 




☐ Start-up aid for young farmers and start up aid for agricultural activities (Article 18)


 


 




☐ Start-up aid for producer groups and organisations in the agricultural sector (Article 19)


 


 




☐ Aid for the participation of producers of agricultural products in quality schemes (Article 20)


 


 




☐ Aid for knowledge exchange and information actions (Article 21)


 


 




☐ Aid for advisory services (Article 22)


 


 




☐ Aid for farm replacement services (Article 23)


 


 




☐ Aid for promotion measures in favour of agricultural products (Article 24)


 


 




☐ Aid to make good the damage caused by adverse climatic events which can be assimilated to a natural disaster (Article 25)


 


 




 


Type of adverse climatic event which can be assimilated to a natural disaster:








☐


frost










☐


storm










☐


hail










☐


ice










☐


heavy or persistent rain










☐


hurricane










☐


severe drought










☐


other




Please specify:




Date of occurrence of the event:


dd/mm/yyyy to dd/mm/yyyy




☐ Aid for the costs of the prevention, control and eradication of animal diseases and plant pests and aid to make good the damage caused by animal diseases or plant pests (Article 26)


 


 




☐ Aid to the livestock sector and aid for fallen stock (Article 27)


 


 




☐ Aid for the payment of insurance premiums and for financial contributions to mutual funds (Article 28)


 


 




☐ Aid to make good the damage caused by protected animals (Article 29)


 


 




☐ Aid for conservation of genetic resources in agriculture (Article 30)


 


 




☐ Aid for animal welfare commitments (Article 31)


 


 




☐ Aid for cooperation in the agricultural sector (Article 32)


 


 




☐ Aid for disadvantages related to Natura 2000 (Article 33)


 


 




☐ Aid for agri-environmental-climate commitments (Article 34)


 


 




☐ Aid for organic farming (Article 35)


 


 




☐ Aid for investments in favour of the conservation of cultural and natural heritage located on agricultural holdings or in forests (Article 36)


 


 




☐ Aid to make good the damage caused by natural disasters in the agricultural sector (Article 37)


 


 




Type of natural disaster:








☐


earthquake










☐


avalanche










☐


landslide










☐


flood










☐


tornado










☐


hurricane










☐


volcanic eruption










☐


wild fire










☐


other




Please specify:




Date of occurrence of the natural disaster:


dd/mm/yyyy to dd/mm/yyyy




☐ Aid for research and development in the agricultural and forestry sectors (Article 38)


 


 




☐ Aid for costs incurred by undertakings participating in EIP Operational Group projects (Article 39)


 


 




☐ Aid for afforestation and the creation of woodland (Article 41)


 


 




☐ Aid for agroforestry systems (Article 42)


 


 




☐ Aid for the prevention and restoration of damage to forests (Article 43)


 


 




☐ Aid for investments improving the resilience and environmental value of forest ecosystems (Article 44)


 


 




☐ Aid for area-specific disadvantages resulting from certain mandatory requirements (Article 45)


 


 




☐ Aid for forest-environmental and climate services and forest conservation (Article 46)


 


 




☐ Aid for knowledge exchange and information actions in the forestry sector (Article 47)


 


 




☐ Aid for advisory services in the forestry sector (Article 48)


 


 




☐ Aid for investments in infrastructure related to the development, modernisation or adaptation of the forestry sector (Article 49)


 


 




☐ Aid for investments in forestry technologies and in processing, in mobilising and in marketing of forestry products (Article 50)


 


 




☐ Conservation of genetic resources in forestry (Article 51)


 


 




☐ Start-up aid for producer groups and organisations in the forestry sector (Article 52)


 


 




☐ Aid for forestry land consolidation (Article 53)


 


 




☐ Aid for cooperation in the forestry sector (Article 54)


 


 




☐ Aid for basic services and infrastructure in rural areas (Article 55)


 


 




☐ Business start-up aid for non-agricultural activities in rural areas (Article 56)


 


 




☐ Aid for new participation of farmers in quality schemes for cotton and foodstuffs (Article 57)


 


 




☐ Aid for information and promotion activities concerning cotton and foodstuffs covered by a quality scheme (Article 58)


 


 




☐ Aid for cooperation in rural areas (Article 59)


 


 




☐ Aid for CLLD projects (Article 60)’


 


 










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, 22 November 2023.


For the Commission


The President

Ursula VON DER LEYEN
            





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

(2)  Commission Regulation (EU) 2022/2472 of 14 December 2022 declaring certain categories of aid in the agricultural and forestry sectors and in rural areas compatible with the internal market in application of Articles 107 and 108 of the Treaty on the Functioning of the European Union (OJ L 327, 21.12.2022, p. 1).


ELI: http://data.europa.eu/eli/reg/2023/2607/oj
ISSN 1977-0677 (electronic edition)