Article 21 Amendment of Regulation (EC) No 70/2001

Regulation (EC) No 70/2001 is amended as follows:

1. 1..

   In Article 1(2), point (a) is replaced by the following:

   1. (a)

      ‘to fishery and acquaculture products covered by Council Regulation (EC) No 104/2000^f1 and to activities linked to the primary production (farming) of agricultural products; to the manufacture and marketing of products intended to imitate or substitute for milk and milk products;’;

2. 2..

   Article 2 is amended as follows:

   the following points (k) to (n) are added:

   1. (k)

      ‘“agricultural product” means:

      1. (i)

         the products listed in Annex I of the Treaty, except fishery and acquaculture products covered by Regulation (EC) No 104/2000;

      2. (ii)

         products falling under CN codes 4502, 4503 and 4505 (cork products);

      3. (iii)

         products intended to imitate or substitute milk and milk products, as referred to in Article 3(2) of Council Regulation (EEC) No 1898/87^f2;

   2. (l)

      “products intended to imitate or substitute milk and milk products” means products which could be confused with milk and/or milk products but whose composition differs from such products in that they contain fat and/or protein of non-milk origin with or without protein derived from milk (“products other than milk products” as referred to in Article 3(2) of Regulation (EEC) No 1898/87);

   3. (m)

      “processing of agricultural products” means any operation on an agricultural product resulting in a product which is also an agricultural product, except on farm activities necessary for preparing an animal or plant product for the first sale;

   4. (n)

      “marketing of agricultural products” means holding or display with a view to sale, offering for sale, delivery or any other manner of placing on the market, except the first sale by a primary producer to resellers or processors and any activity preparing a product for such first sale; a sale by a primary producer to final consumers shall be considered as marketing if it takes place in separate premises reserved for that purpose.’;

3. 3..

   In Article 4, the following paragraph 7 is added:

   ‘7.

   Where the investment concerns the processing and marketing of agricultural products listed in Annex I to the Treaty, the gross aid intensity may not exceed:

   (a)

   75 % of eligible investments in the outermost regions;

   (b)

   65 % of eligible investments in the smaller Aegean Islands within the meaning of Council Regulation (EEC) No 2019/93^f3;

   (c)

   50 % of eligible investments in regions eligible under Article 87(3)(a) EC;

   (d)

   40 % of eligible investments in all other regions.’

4. 4..

   In Annex II, the following is added after ‘Other manufacturing’, at the same level as ‘All manufacturing’:

   ‘ Processing and marketing of agricultural products^f4 ’