# Commission Regulation (EC) No 1857/2006 of 15 December 2006 on the application of Articles 87 and 88 of the Treaty to State aid to small and medium-sized enterprises active in the production of agricultural products and amending Regulation (EC) No 70/2001, Article 21: Amendment of Regulation (EC) No 70/2001

Extent: E+W+S+N.I.

Regulation (EC) No 70/2001 is amended as follows:
1.. In Article 1(2), point (a) is replaced by the following:
(a) ‘to fishery and acquaculture products covered by Council Regulation (EC) No 104/2000 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.. Article 2 is amended as follows:
the following points (k) to (n) are added:
(k) ‘“agricultural product” means:
(i) the products listed in Annex I of the Treaty, except fishery and acquaculture products covered by Regulation (EC) No 104/2000;
(ii) products falling under CN codes 4502, 4503 and 4505 (cork products);
(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;
(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);
(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;
(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.. 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;
(c) 50 % of eligible investments in regions eligible under Article 87(3)(a) EC;
(d) 40 % of eligible investments in all other regions.’
4.. In Annex II, the following is added after ‘Other manufacturing’, at the same level as ‘All manufacturing’:
‘ Processing and marketing of agricultural products ’

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Source: https://www.legislation.gov.uk/eur/2006/1857/article/21 (the official version)
Page: https://openlegislation.uk/eu-regulation-2006-1857/article-21
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.