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
- Article 3 of the Treaty of the European Union (TEU)
- Articles 3, 4, 5 and 6 of the TFEU
- Article 14 of the TFEU
- Article 42 of the TFEU
- Article 50 (1) and (2) of the TFEU
- Article 93 of the TFEU
- Article 106 of the TFEU
- Article 119 of the TFEU
- Article 346 of the TFEU
State Aid Modernisation (SAM)
On 8 May 2012, the Commission set out an ambitious State aid reform programme in the Communication on State aid modernisation.
For further information, click here.
Block Exemption Regulation
Council Regulation No 994/98 of 7 May 1998, amended by Council Regulation No 733/2013 of 22 July 2013, enables the Commission to adopt so-called Block Exemption Regulations for State aid. With these regulations, the Commission can declare specific categories of State aid compatible with the Treaty if they fulfil certain conditions, thus exempting them from the requirement of prior notification and Commission approval.
General block exemption Regulation (GBER)
- Commission Regulation (EU) N°651/2014 of 17 June 2014 declaring certain categories of aid compatible with the internal market in application of Articles 107 and 108 of the Treaty
Applicable as of 1 July 2014 - Commission Regulation (EC) No 800/2008 of 6 August 2008 declaring certain categories of aid compatible with the common market in application of Article 87 and 88 of the Treaty (General block exemption Regulation)
Enabling Regulation
- Council Regulation (EU) No 733/2013 of 22 July 2013, amending Regulation (EC) No 994/98 on the application of Articles 92 and 93 of the Treaty establishing the European Community to certain categories of horizontal State aid.
- Council Regulation (EC) No 994/98 of 7 May 1998 on the application of Articles 92 and 93 (now 87 and 88 respectively) of the Treaty establishing the European Community to certain categories of horizontal State aid
De minimis aid
- Commission Regulation (EC) No 1407/2013 of 18 December 2013 on the application of Articles 107 and 108 of the Treaty on the Functioning of the European Union to de minimis aid (http://ec.europa.eu/competition/state_aid/legislation/block.html#minimis)
- Commission Regulation (EC) No 1998/2006 of 15 December 2006 on the application of Articles 87 and 88 of the Treaty to de minimis aid
Official Journal L 379 of 28.12.2006 applicable until 31 December 2013. Any de minimis aid which fulfils the conditions of this Regulation may be validly implemented until 30 June 2014 (see article 5(3) of Regulation No 1998/2006). Therefore de minimis aid schemes adopted under this Regulation before 31 December 2013 and applicable until 30 June 2014 remain covered by it.
Rules of Procedure
Procedural Regulation
- Council Regulation (EU) No 734/2013 of 22 July 2013 amending Regulation (EC) No 659/1999 laying down detailed rules for the application of Article 93 of the EC Treaty ( (EU) No 734/2013 of 22 July 2013
- Consolidated version of Regulation 659/1999 laying down detailed rules for the application of Article 108 of the Treaty on the Functioning of the European Union of the EC Treaty/
Implementing Regulation
- Commission Regulation (EC) No 794/2004 of 21 April 2004 implementing Council Regulation (EC) No 659/1999 laying down detailed rules for the application of Article 93 of the EC Treaty
- Commission Regulation (EU) No 372/2014 of 9 April 2014 amending Regulation (EC) No 794/2004 as regards the calculation of certain time limits, the handling of complaints, and the identification and protection of confidential information
- The consolidated version of this legislative text
Recovery notice
Enforcement of State Aid law by national courts
Horizontal Rules
Important objects of Common European Interests
Actions in response to the economic and financial crisis
Aid to disadvantaged and disabled workers
Training aid
Regional aid
- Legislation 2014- 2020: Guidelines adopted on 19 June 2013
Research and Development and Innovation
- Framework for State aid for research and development and innovation
- Community Framework for State aid for Research and Development and Innovation
OJ C 323 of 30.12.2006, p. 1, application until 30 June 2014
Environmental and Energy aid
- Guidelines on State aid for environmental protection and energy 2014 – 2020: Guidelines adopted on 9 April 2014
- Community guidelines on state aid for environmental protection
State Aid in the context of the EU Emissions Trading Scheme
Risk Capital
- Guidelines adopted on 15.01.2014
- Community guidelines on state aid to promote risk capital investments in small and medium-sized enterprises
Rescue and restructuring aid
- 09.07.2014 - Guidelines on State aid for rescuing and restructuring non-financial undertakings in difficulty /Policy brief: New rules on rescue and restructuring aid for industry: the right incentives for innovation and growth
- 02.07.2009: Prolongation of Community guidelines on State aid for rescuing and restructuring firms in difficulty
- The validity of the guidelines is now extended until the Commission has adopted new rules, following the current review process in the context of the State aid modernisation initiative.
- Community guidelines on State aid for rescuing and restructuring firms in difficulty
- Draft guidelines on state aid for rescuing and restructuring non-financial undertakings in difficulty, Draft guidelines (PDF): el en (Consultation launched on 5 November 2013)
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)
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
- Corrigendum to the Commission Communication - Model Declaration on the information relating to the qualification of an enterprise as an SME
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]
- Commission Regulation (EU) for agriculture and forestry sector and in rural areas No 1114/2013 of 7 November 2013 amending Regulation (EC) No 1857/2006 as regards its period of applicationNew draft Block Exemption Regulation for the agriculture and forestry sector and for rural areas (draft ABER) for information and feedback.
- Guidelines for State aid in the agricultural and forestry sectors and in rural areas 2014-2020 ("GL")/ European Union guidelines for State aid in the agricultural and forestry sectors and in rural areas 2014 – 2020
- Agricultural Block Exemption Regulation ("ABER")/ Commission Regulation (EU) No 702/2014 of 25 June 2014 declaring certain categories of aid in the agricultural and forestry sectors and in rural areas compatible with the internal market in application of Articles 107 and 108 of the Treaty on the Functioning of the European Union
- Agricultural de minimis Regulation: this regulation applies to aid granted to undertakings active in the primary production of agricultural products, with some exceptions. The total amount of de minimis aid granted per Member State to a single undertaking shall not exceed EUR 15 000 over any period of 3 fiscal years, provided that the global amount of such aid does not exceed 1% of the annual agricultural output. / Commission Regulation (EU) No 1408/2013 of 18 December 2013 on the application of Articles 107 and 108 of the Treaty on the Functioning of the European Union to de minimis aid in the agriculture sector
- General de minimis Regulation: this regulation applies also to aid granted to undertakings active in the sector of processing and marketing of agricultural products and active in the forestry sector./ Commission Regulation (EC) No 1407/2013 of 18 December 2013 on the application of Articles 107 and 108 of the Treaty on the Functioning of the European Union to de minimis aid
Audiovisual production
- 14.11.2013 - Communication from the Commission on State aid for films and other audiovisual works/
- Communication from the Commission concerning the State aid assessment criteria of the Commission Communication on certain legal aspects relating to cinematographic and other audiovisual works (Cinema Communication) of 26 September 2001. Adopted on 28 January 2009. (The 2001 Communication applies to the assessment of unlawful State aid granted prior up to 15 November 2013)
Broadband
- 15.01.2013 EU Guidelines for the application of state aid rules in relation to the rapid deployment of broadband networks/
- EU Guidelines for the application of State aid rules in relation to the rapid deployment of broadband networks (Guidelines adopted on 18 December 2012
Broadcasting
- Communication from the Commission on the application of State aid rules to public service broadcasting, adopted by the Commission on 2 July 2009. Note that only the versions published in the Official Journal of the European Union are authentic. This revised Communication replaces the 2001 Communication as of its publication in the Official Journal. Â
Coal Industry
Council Decision on State aid to facilitate the closure of uncompetitive coal mines
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
- 25.01.2007 - Commission report on the Application of Council Regulation (EC) No 1407/2002 on State Aid to the Coal Industry [COM(2007)253]
- Annex to the Report [SEC(2007) 602]
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
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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).
- EMFF Regulation (EU) No 508/2014
Postal Services
- Notice from the Commission on the application of the competition rules to the postal sector and on the assessment of certain State measures relating to postal services
Shipbuilding
- 7.12.2011 - Framework on state aid for shipbuilding
- Communication from the Commission concerning the prolongation of the Framework on State aid to shipbuilding" - adopted by the Commission on 3 July 2008
- Commission communication concerning the prolongation of the Framework on State aid to shipbuilding - adopted by the Commission on 24 October 2006
- Official Journal C 260 of 28.10.2006, p. 7Press release - IP/06/1452, 24.10.2006
- Framework on State aid to shipbuilding
- Commission Communication on the submission of individual notifications on the application of regional investment aid schemes in the shipbuilding sector and on the proposal for appropriate measures pursuant to Article 88 paragraph 1 of the EC Treaty
Steel
- Communication from the Commission: Rescue and restructuring aid and closure aid for the steel sector
- Communication from the Commission: Multisectoral framework on regional aid for large investment projects Paragraph 27: An aid prohibition for investment projects in the steel industry
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- Communication from the Commission concerning certain aspects of the treatment of competition cases resulting from the expiry of the ECSC Treaty
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
Transport
Services of General Economic Interest (SGEIs)
- Services of General Economic Interest - Opinion Prepared by the State Aid Group of EAGCP , 29.06.2006
- Commission Decision of 28 November 2005 on the application of Article 86(2) of the EC Treaty to State aid in the form of public service compensation granted to certain undertakings entrusted with the operation of services of general economic interest
(notified under document number C(2005) 2673)
Official Journal L 312, 29.11.2005, p. 67-73 - Community framework for State aid in the form of public service compensation
Official Journal C 297, 29.11.2005, p. 4-7 - See rules on Financial transfers to public enterprises
- Documents on Services of general interest
Specific aid instruments
State Guarantees
- Commission Notice on the application of Articles 87 and 88 of the EC Treaty to State aid in the form of guarantees
Official Journal C 155 of 20.06.2008, page 10 - Corrigendum to Commission notice on the application of Articles 87 and 88 of the EC Treaty to State aid in the form of guarantees
Official Journal C 244 of 25.09.2008, page 32 - Press release IP/08/764: State aid: Commission updates rules on guarantees and provides simplified possibilities for SMEs
MEMO/08/313 : State aid: Notice on state aid in the form of Guarantees - Frequently Asked Questions
Public Land Sales
- Commission communication concerning aid elements in land sales by public authorities
Official Journal C 209 of 10.7.1997, pages 3-5 - Summary
Export Credit Insurance
- Communication from the Commission extending until end-2014 the list of marketable risk countries in the Communication from the Commission to the Member States on the application of Articles 107 and 108 of the Treaty on the Functioning of the European Union to short-term export-credit insurance
- Communication from the Commission amending the list of marketable risk countries in the Communication from the Commission to the Member States on the application of Articles 107 and 108 of the Treaty on the Functioning of the European Union to short-term export-credit insurance
- Communication from the Commission to the Member States on the application of Articles 107 and 108 of the Treaty on the Functioning of the European Union to short-term export-credit insurance
- Communication of the Commission to Member States amending the communication pursuant to Article 93(1) of the EC Treaty applying Articles 92 and 93 of the Treaty to short-term export-credit insurance
Official Journal C 325, 22.12.2005 - pages 22-23 - Commission communication concerning the prolongation of the Communication of the Commission to the Member States pursuant to Article 93(1) of the EC Treaty applying Articles 92 and 93 of the Treaty to short-term export-credit insurance Text with EEA relevance
Official Journal C 307 , 11/12/2004 P. 0012 – 0012 - Communication of the Commission to Member States amending the communication pursuant to Article 93(1) of the EC Treaty applying Articles 92 and 93 of the Treaty to short-term export-credit insurance
Official Journal C 217, 02.08.2001, pages 2-3
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
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
The Impaired Assets Communication
The Communication from the Commission on the Treatment of Impaired assets in the Community Banking Sector