25.10.2000 Official Journal of the European Communities L272/13 COMMISSION REGULATION (EC) No 2356/2000 of 24 October 2000 amending Regulation (EC) No 2759/1999 laying down rules for the application of Council Regula- tion (EC) No 1268/1999 on Community support for pre-accession measures for agriculture and rural development in the applicant countries of central and eastern Europe in the pre-accession period (Text with EEA relevance) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EC) No 1268/1999 of 21 June 1999 on Community support for pre-accession measures for agriculture and rural development in the applicant coun- tries of central and eastern Europe in the pre-accession period ('), and in particular Article 8 thereof, Whereas: (1)  Article 8 of Regulation (EC) No 1268/1999 set para- meters and limits which need further clarification in order to better reflect Community structural policy applied in the framework of Council Regulation (EC) No 1260/1999 of 21 June 1999 laying down general provi- sions on the Structural Funds (3. (2) In particular, it should be clarified that ‘public aid’ referred to in Article 8(2) of Regulation (EC) No 1268/ 1999 relates to all public aid not only that granted under the programmes referred to in Article 9 of that Regulation. (3)  Commission Regulation (EC) No 2759/1999 (*) permits only new machinery and equipment to be eligible for support in the processing and marketing sector; a poss- ibility of having recourse to second-hand equipment under certain circumstances is warranted. (4)  Regulation (EC) No 2759/1999 limits support for invest- ment in processing and marketing of fishery products to products originating in the applicant countries or the Community; that limitation is not required under Council legislation nor is it a desirable limitation in the fisheries sector within Regulation (EC) No 2759/1999. (5)  The measures provided for in this Regulation are in accordance with the opinion of the Agricultural Struc- tures and Rural Development Committee, 0] L 161, 26.6.1999, p. 87. () O] L 161, 26.6.1999, p. 1. 0] L 331, 23.12.1999, p. 51. HAS ADOPTED THIS REGULATION: Article 1 Regulation (EC) No 2759/1999 is amended as follows: 1. Article 3(1) is replaced by the following: ‘1. Support may be granted for investments provided for in Articles 25 and 26 of Regulation (EC) No 1257/1999 relating to improving the processing and marketing of the agricultural including fishery products included in Annex I to the Treaty. Agricultural products, excluding fishery prod- ucts, must originate in applicant countries or the Community. Investments at the retail level shall be excluded from support.’ 2. Article 3(2)(b) is replaced by the following: ‘(b) new machinery and equipment including computer software; however on a case-by-case basis the Commis- sion may agree on eligibility of second-hand equipment subject to specific safeguards in particular concerning provenance and technical specification;’. 3. The title of Article 8 is replaced by the following: ‘Eligibility and aid intensity’. 4. The following paragraph is added at the end of Article 8: ‘4. For the application of Article 8(2) of Regulation (EC) No 1268/1999: (a) “revenue generating investments” include all invest- ments, except those in infrastructure which do not generate substantial net revenue; (b) “public aid” means all such aid whether or not granted under the programme.’ Article 2 This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities.