C 185/6
EN
Official Journal of the European Union
6.5.2022
(26)
To enforce the effectiveness of compatibility conditions set out in this Regulation, it should be possible for the Commission to withdraw the benefit of the block exemption for future aid measures in the event of failure to comply with these requirements.
The Commission should be able to restrict the withdrawal of the benefit of the block exemption to certain types of aid, certain beneficiaries or aid measures adopted by certain authorities, where non-compliance with this Regulation affects only a limited group of measures or certain authorities.
Such a targeted withdrawal should provide a proportionate remedy directly linked to the identified non-compliance with this Regulation.
In case of failure to meet compatibility conditions set out in Chapters I and III, aid granted will not be covered by this Regulation and, as a consequence, will constitute unlawful aid, which the Commission will examine in the framework of the relevant procedure as set out in Regulation (EU) 2015/1588.
In case of failure to fulfil the requirements of Chapter II, the withdrawal of the benefit of the block exemption in respect of the future aid measures does not affect the fact that the past measures complying with this Regulation were block exempted.
(27)
To eliminate differences that might give rise to distortions of competition and to facilitate coordination between different Union and national initiatives concerning SMEs, as well as for reasons of administrative and legal certainty, the definition of SMEs used for the purpose of this Regulation should be based on the definition in Commission Recommendation 2003/361/EC (13).
(28)
This Regulation should cover types of aid granted in the fishery and aquaculture sector which have been systematically approved by the Commission in the past.
This aid should not require a case-by-case assessment of its compatibility with the internal market from the Commission, provided that it complies with the conditions laid down in Regulation (EU) No 2021/1139 and the Common Fisheries Policy.
(29)
In accordance with Article 107(2), point (b), TFEU, aid to make good the damage caused by natural disasters is compatible with the internal market.
In order to provide legal certainty, it is necessary to define the type of the events that may constitute a natural disaster exempted by this Regulation.
For the purposes of this Regulation, earthquakes, landslides, floods, in particular floods brought about by waters overflowing river banks or lake shores, avalanches, tornadoes, hurricanes, volcanic eruptions and wildfires of natural origin should be considered events constituting a natural disaster.
(30)
Fishery and aquaculture are sectors, which are specifically exposed to adverse weather conditions and animal diseases.
Experience shows that these sectors are hit extraordinarily by such events and that fishers suffer considerable damage from them.
Measures to adequately insure and compensate such damage are considered to be a suitable tool to help undertakings recover from such damage and, thus, to remain in business and in that way to ensure the development of economic activities in those sectors.
(31)
Damage caused by adverse weather conditions such as storms, frost, hail, ice, rain or drought, which occur on a more regular basis, should not be considered a natural disaster within the meaning of Article 107(2), point (b), TFEU.
Nevertheless, to the extent that their impact on the economic activity is such that they can be assimilated to a natural disaster, aid to make good damage caused by adverse weather conditions should be considered as compatible with the internal market pursuant to Article 107(3), point (c), TFEU.
(32)
In order to ensure that the exemption covers indeed aid granted to make good the damage caused by natural disasters and adverse weather conditions that can be assimilated to a natural disaster, this Regulation should lay down, following established practice, the conditions under which such aid schemes may benefit from that block exemption.
Those conditions should relate, in particular, to the formal recognition by the competent Member States’ authorities of the character of the event as a natural disaster or adverse weather conditions that can be assimilated to a natural disaster and to a direct causal link between the natural disaster and the damages suffered by the beneficiary undertaking, which may include undertakings in difficulty, and should ensure that overcompensation is avoided.
The compensation should not exceed what is necessary to enable the beneficiary to return to the situation prevailing before the event occurred.
(13) Commission Recommendation 2003/361/EC of 6 May 2003 concerning the definition of micro, small and medium sized enterprises (OJ L 124, 20.5.2003, p. 36).