Commission Regulation (EU) 2022/2046 of 24 October 2022 amending the Annexes to Regulation (EU) No 1408/2013 as regards their adaptation to reflect the provisions of the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community and its Protocol on Ireland/Northern Ireland

• Published date: 25 October 2022
• Subject Matter: Protocol on Ireland/Northern Ireland,State aids
• Official Gazette Publication: Official Journal of the European Union, L 275, 25 October 2022

25.10.2022 EN Official Journal of the European Union L 275/55

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COMMISSION REGULATION (EU) 2022/2046

of 24 October 2022

amending the Annexes to Regulation (EU) No 1408/2013 as regards their adaptation to reflect the provisions of the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community and its Protocol on Ireland/Northern Ireland

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 108(4) thereof,

Having regard to Council Regulation (EU) 2015/1588 of 13 July 2015 on the application of Articles 107 and 108 of the Treaty on the Functioning of the European Union to certain categories of horizontal State aid (1), and in particular Article 2(1)thereof,

After consulting the Advisory Committee on State aid,

Whereas:

(1) Annexes I and II to Commission Regulation (EU) No 1408/2013 (2) set out the maximum cumulative amounts of de minimis aid granted per Member State to undertakings active in the primary production of agricultural products over any period of 3 fiscal years referred to, respectively, in Article 3(3) and Article 3(3a) of that Regulation.

(2) The Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community (3) (‘the Withdrawal Agreement’), of which the Protocol on Ireland/Northern Ireland (‘the Protocol’) forms an integral part, entered into force on 1 February 2020.

(3) The transition period provided for in Article 126 of the Withdrawal Agreement, during which Union law remained to a large extent applicable to and in the United Kingdom of Great Britain and Northern Ireland, ended on 31 December 2020.

(4) However, Article 10 of the Protocol provides that certain provisions of Union law listed in Annex 5 to that Protocol shall apply to the United Kingdom in respect of measures affecting the trade in agricultural products between Northern Ireland and the Union.

(5) Regulation (EU) No 1408/2013 is listed among those provisions.

(6) In order to ensure compliance with the provisions of the Withdrawal Agreement and the Protocol, it is necessary to replace the maximum cumulative amounts for the entire United Kingdom set out in the Annexes to Regulation

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