The concept of State aid – Definition NB: De verstrekte informatie geeft de mening van de auteur weer en kan niet beschouwd kan worden als de officiële positie van de Europese Commissie. "aid granted by a Member State or through State resources in any form whatsoever which distorts or threatens to distort competition by favouring certain undertakings or the production of certain goods shall, in so far as it affects trade between Member States, be incompatible with the internal market" Elements of the SA notion: Economic advantage Granted by MS or through state resources Favour certain undertakings or the production of certain goods Effect on trade and competition

The concept of State aid – Compatibility scenario – "shall" Article 107 (2): "The following shall be compatible with the internal market: (a) aid having a social character, granted to individual consumers, provided that such aid is granted without discrimination related to the origin of the products concerned; (b) aid to make good the damage caused by natural disasters or exceptional occurrences; (c) aid granted to the economy of certain areas of the Federal Republic of Germany affected by the division of Germany, in so far as such aid is required in order to compensate for the economic disadvantages caused by that division. Five years after the entry into force of the Treaty of Lisbon, the Council, acting on a proposal from the Commission, may adopt a decision repealing this point."

The concept of State aid – Compatibility scenario – "may" Article 107 (3): "The following may be considered to be compatible with the internal market: (a) aid to promote the economic development of areas where the standard of living is abnormally low or where there is serious underemployment, and of the regions referred to in Article 349, in view of their structural, economic and social situation; (b) aid to promote the execution of an important project of common European interest or to remedy a serious disturbance in the economy of a Member (c) aid to facilitate the development of certain economic activities or of certain economic areas, where such aid does not adversely affect trading conditions to an extent contrary to the common interest; ( d) aid to promote culture and heritage conservation where such aid does not affect trading conditions and competition in the Union to an extent that is contrary to the common interest; (e) such other categories of aid as may be specified by decision of the Council on a proposal from the Commission."

Particularities of State aids in the agricultural and forestry sectors: CAP " Article 42 TFEU "The provisions of the Chapter relating to rules on competition shall apply to production of and trade in agricultural products only to the extent determined by the European Parliament and the Council within the framework of Article 43(2) and in accordance with the procedure laid down therein, account being taken of the objectives set out in Article 39. …"

Specific rules applicable in respect of State aids in the agricultural and forestry sectors And Article 81(1) of the new Rural Dev. Reg. 1305/2013: "1.Save as otherwise provided for in this Title, Articles 107, 108 and 109 TFEU shall apply to support for rural development by Member States."

Specific rules applicable in respect of State aids in the agricultural and forestry sectors BUT EXEMPTIONS Article 81(2) and Article 82 of the new Rural Dev. Reg. 1305/2013: Article 81(2) Articles 107, 108 and 109 TFEU shall not apply to payments made by Member States pursuant to, and in conformity with, this Regulation, or to additional national financing referred to in Article 82, within the scope of Article 42 TFEU. Article 82 Additional national financing Payments made by Member States in relation to operations falling within the scope of Article 42 TFEU and intended to provide additional financing for rural development for which Union support is granted at any time during the programming period, shall be included by Member States in the rural development programme as provided for in paragraph 1(j) of Article 8 and, where they comply with the criteria under this Regulation, shall be approved by the Commission."

State aid in Agriculture and Forestry - Overview

Specific State Aid legal framework for the Agricultural and Forestry sectors Regulation No 1408/2013 on de minimis aid in the agricultural sector and Regulation No 1407/2013 on general de minimis aid Regulation No 702/2014 on Block exemption in the agricultural and forestry sectors and in rural areas and General block exemption Regulation No 651/2014 Union Guidelines for State aid in the agricultural and forestry sectors and in rural areas Regulation on the Notification forms (to be adopted still)