Commission Regulation (EU) 2023/2603 of 22 November 2023 correcting Regulation (EU) 2022/2473 declaring certain categories of aid to undertakings active in the production, processing and marketing of fishery and aquaculture products compatible with the internal market in application of Articles 107 and 108 of the Treaty on the Functioning of the European Union

‘7 This Regulation shall not apply to: (a) aid schemes referred to in Articles 20, 21, 24, 26 to 30, 33, 43, 46, 48, 50 and 52, where they fulfil the conditions of Article 12, after 6 months from their entry into force. However, the Commission may decide that this Regulation shall continue to apply to an aid scheme for longer than 6 months after its entry into force, after having assessed the relevant evaluation plan notified by the Member States to the Commission. When submitting the evaluation plans, Member States shall also submit all the information necessary for the Commission to carry out an assessment of the evaluation plans and take a decision; (b) any alterations of schemes referred to in point (a) other than modifications which cannot affect the compatibility of the aid scheme under this Regulation or cannot significantly affect the content of the approved evaluation plan.’

‘3 Paragraphs 1 and 2 of this Article shall not apply to aid granted to CLLD projects referred to in Article 55.’

‘1 Aid schemes referred to in Article 1(7) shall be subject to an ex post evaluation if they have a State aid budget or accounted expenditures over EUR 150 million in any given year or EUR 750 million over their total duration, i.e. the combined duration of the aid scheme and any predecessor aid scheme covering a similar objective and geographical area, starting from 1 January 2023. Ex post evaluations shall only be required for aid schemes the total duration of which exceeds 3 years, starting from 1 January 2023.’

‘7 The final evaluation report shall be submitted to the Commission at the latest 9 months before the expiry of the exempted aid scheme. That period may be reduced for aid schemes triggering the evaluation requirement in the last 2 years of implementation of the aid scheme. The precise scope and arrangements for each evaluation shall be set out in the Commission Decision approving the evaluation plan. The notification of any subsequent aid measure with a similar objective shall describe how the results of the evaluation have been taken into account.’

‘4 The amount of the aid granted under this Article shall not exceed, in gross grant equivalent, a maximum aid intensity rate of 100 % of the eligible costs.’

‘2 Aid for costs incurred by municipalities participating in CLLD projects, referred to in Article 31 of Regulation (EU) 2021/1060 and implemented under the European Maritime, Fisheries and Aquaculture Fund in favour of projects referred to in paragraph 3 of this Article, shall be compatible with the internal market within the meaning of Article 107(3), point (c), TFEU and shall be exempted from the notification requirement of Article 108(3) TFEU, provided the conditions laid down in this Article and in Chapter I of this Regulation are fulfilled.’

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