Paragraph 3 Meaning of eligible person

(1)

An eligible person is a person who—

(a)

is the owner or charterer of an eligible Northern Ireland fishing boat;

(b)

submitted an application in writing to the Department;

(c)

has not received a payment in respect of fixed costs from the Department between 19^th March 2021 and 15^th April 2021 (both dates inclusive); and

(d)

on 31^st December 2019 was a micro or small-sized enterprise and—

(i)

was not already in difficulty; or

(ii)

was already in difficulty and the conditions set out in paragraph (3) are met.

(2)

A person is “in difficulty” if the person is an undertaking in difficulty within the meaning of Article 3(5) of the Fisheries Block Exemption Regulation.

(3)

The conditions are that the person—

(a)

is not subject to insolvency proceedings;

(b)

has not received rescue aid^f1 or, if the person has received rescue aid, has reimbursed the loan or terminated the guarantee before a grant is paid to that person; or

(c)

has not received restructuring aid^f2 or, if the person has received restructuring aid, is no longer subject to a restructuring plan at the date a grant is paid to that person.

(4)

In this article—

“the Fisheries Block Exemption Regulation” means Commission Regulation (EU) No 1388/2014^f3 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;
“micro or small-sized enterprise” means a person who is within the category of micro or small-sized enterprises in Article 2 of Annex 1 to the Fisheries Block Exemption Regulation.

Annotations

Footnotes

f1: Commission Communication – Guidelines on State aid for rescuing and restructuring non-financial undertakings in difficulty, OJ C249, 31.7.2014, p.1 see page 11
f2: Commission Communication – Guidelines on State aid for rescuing and restructuring non-financial undertakings in difficulty, OJ C249, 31.7.2014, p.1 see page 12
f3: OJ L369, 24.12.2014, p.37. Regulation (EU) No 1388/2014 was amended by Commission Regulation (EU) 2020/2008 (OJ L414, 9.12.2020, p.15)