Article 9 Exclusion from the scope of support

the decommissioning or the construction of nuclear power stations;

the manufacturing, processing and marketing of tobacco and tobacco products;

an undertaking in difficulty, as defined in point (18) of Article 2 of Commission Regulation (EU) No 651/2014 ( 5 ), unless authorised under temporary State aid rules established to address exceptional circumstances or under de minimis aid to support investments reducing energy costs in the context of the energy transition process;

investment related to the production, processing, transport, distribution, storage or combustion of fossil fuels.