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Treaty Provisions on State aid

Core provisions of the Treaty of the Functioning of the European Union (TFEU), formerly called "Treaty establishing the European Community" (EC)

Other relevant provisions

Block Exemption Regulation

Enabling Regulation

De minimis aid
General block exemption Regulation (GBER)

Rules of Procedure

Procedural Regulation

Implementing Regulation

Horizontal Rules

Actions in response to the economic and financial crisis >

 

Aid to disadvantaged and disabled workers

Training aid

Regional aid

Research and Development and Innovation

Environmental aid

Risk capital

Rescue and restructuring aid

Definition of SMEs

  • Commission Recommendation of 6 May 2003 concerning the definition of micro, small and medium-sized enterprises (notified under document number C(2003) 1422)
    Official Journal L 124, 20.05.2003, pages 36-41
    Please note that this definition of SMEs applies from 01.01.2005.
  • Commission communication - Model declaration on the information relating to the qualification of an enterprise as an SME
    Official Journal C 118, 20.05.2003, pages 5-15
  • Corrigendum to the Commission Communication - Model Declaration on the information relating to the qualification of an enterprise as an SME
    Official Journal C 156, 04.07.2003, page 14

Sector Specific Rules

 

Agriculture

  • Commission Regulation (EC) No 1857/2006 of 15 December 2006 on the application of Articles 87 and 88 of the EC Treaty to State aid to small and medium-sized enterprises active in the production of agricultural products and amending Regulation (EC) No 70/2001 (OJ L 358 of 16.12.2006) [pdf]

The new regulation allows Member States to grant various types of agricultural state aid without having to seek the Commission's prior clearance.

  • Community guidelines for state aid in the agriculture and forestry sector 2007-2013 (OJ C 319 of 27.12.2006) [pdf]

These guidelines cover most sorts of State aids: investment aids, environmental aids, disaster aids, etc.

  • Commission Regulation (EC) No 1535/2007 of 20 December 2007 on the application of Articles 87 and 88 of the EC Treaty to de minimis aid in the sector of agricultural production (OJ L 3337 of 21.12.2007) [pdf]

    The Regulation foresees that aid up to EUR 7500 per farmer could be granted over a period of three years without being notified to the Commission, provided that the global amount of such aid does not exceed an amount set by the Commission, calculated as about 0.75% of the value of production in the fisheries or agricultural sector by the Member State concerned. Since 1 January 2008, Member States are able to grant aid that is in line with the Regulation without the Commission having to approve the aid in advance, but they will also have to provide information certifying that the two ceilings have been complied with.

    However, any de minimis aid granted between 1 January 2005 and 30 June 2008, which fulfils the conditions of Regulation (EC) No 1860/2004 applicable to the sector of agricultural production until the date of entry into force of this Regulation, shall be deemed not to meet all the criteria of Article 87(1) of the Treaty and shall therefore be exempt from the notification requirement of Article 88(3) of the Treaty.

Audiovisual production

Broadband:

Broadcasting

Coal Industry

Current legislation in force

Council Regulation (EC) No 1407/2002 of 23 July 2002 on State aid to the coal industry
OJ L 205, 2.8.2002, p. 1–8

Proposal for a Council regulation

20.07.2010 - Proposal for a Council Regulation on State aid to facilitate the closure of uncompetitive coal mines bg cs da de el en es et fi fr hu it lt lv mt nl pl pt ro sk sl sv

http://europa.eu/rapid/pressReleasesAction.do?reference=MEMO/10/348&format=HTML&aged=0&language=EN&guiLanguage=en

 

Electricity (stranded costs)

  • Commission Communication relating to the methodology for analysing State aid linked to stranded costs – Adopted by the Commission on 26.07.2001
    da de el en es fr it nl pt fi sv
    Commission letter SG (2001) D/290869 of 6.8.2001

Fisheries

Guidelines for the examination of State aid to fisheries and aquaculture

 

The de minimis rules for the fisheries sector (adopted in 2007) state that a limited amount of State aid can be given to fisheries companies (30 000 Euros per company over a period of three fiscal years). 

 

European Fisheries Fund and temporary fleet measures

  • Funding that is co-financed by Member States under the rules of the European Fisheries Fund (EFF) generally is not considered as State aid. (See Regulation 1198/2006, article 7).
  • Temporary specific actions to promote the restructuring of the EU fishing fleets affected by the economic crisis (adopted in 2008 in response to the sharp rise in fuel prices) are also generally not considered as State aid (see Regulation 744/2008 , article 4).

Postal Services

Shipbuilding

Steel

Synthetic fibres - Motor vehicles industry

  • Previously, several sensitive industrial sectors have been subject to specific, stricter rules on State aid (Code on aid to the synthetic fibres (Official Journal C 368, 22.12.2001, page 10) and Community framework on State aid to the motor vehicle). Rules in sensitive industrial sectors have been included within the Multisectoral framework on regional aid for large investment projects through its latest revision. Sectors where serious structural problems prevail have been specified in the following communication modifying the framework:
  • Commission communication on the modification of the Multisectoral Framework on regional aid for large investment projects (2002) with regard to the establishment of a list of sectors facing structural problems and on a proposal of appropriate measures pursuant to Article 88 paragraph 1 of the EC Treaty, concerning the motor vehicle sector and the synthetic fibres sector
    Official Journal C 263, 01.11.2003, pages 3-4

Transport

Servises of General Economic Interest (SGEIs)

Specific aid instruments

State Guarantees

Public Land Sales

Export Credit Insurance

 

The Banking Communication

The application of State aid rules to measures taken in relation to financial institutions in the context of the current global financial crisis

OJ C 270, 25.10.2008, p. 8

 

The Recapitalisation Communication

The recapitalisation of financial institutions in the current financial crisis: limitation of aid to the minimum necessary and safeguards against undue distortions of competition

OJ C 10, 15.1.2009, p. 2

 

The Impaired Assets Communication

The Communication from the Commission on the Treatment of Impaired assets in the Community Banking Sector

OJ C 72, 26.3.2009, p. 1