Article 10
State aid
The provisions of Union law listed in Annex 5 to this Protocol shall apply to the United Kingdom, including with regard to measures supporting the production of and trade in agricultural products in Northern Ireland, in respect of measures which affect that trade between Northern Ireland and the Union which is subject to this Protocol.
Notwithstanding paragraph 1, the provisions of Union law referred to in that paragraph shall not apply with respect to measures taken by the United Kingdom authorities to support the production of and trade in agricultural products in Northern Ireland up to a determined maximum overall annual level of support, and provided that a determined minimum percentage of that exempted support complies with the provisions of Annex 2 to the WTO Agreement on Agriculture. The determination of the maximum exempted overall annual level
of support and the minimum percentage shall be governed by the procedures set out in Annex 6.
Where the European Commission examines information regarding a measure by the United Kingdom authorities that may constitute unlawful aid that is subject to paragraph 1, it shall ensure that the United Kingdom is kept fully and regularly informed of the progress and outcome of the examination of that measure.
ANNEX 5
PROVISIONS OF UNION LAW REFERRED TO IN ARTICLE 10(1)
1. State Aid rules in the TFEU1
– Articles 107, 108 and 109 TFEU
– Article 106 TFEU, insofar as it concerns State aid
– Article 93 TFEU
2. Acts referring to the notion of aid
– Commission notice on the notion of State aid2
– Communication from the Commission on the application of the European Union State aid rules to compensation granted for the provision of services of general economic interest3
– Commission Notice on the application of Articles 87 and 88 of the EC Treaty to State aid in the form of guarantees4
3. Block exemption regulations
3.1 Enabling regulation
– Council Regulation (EU) 2015/1588 of 13 July 2015 on the application of Articles 107 and 108 of the Treaty on the Functioning of the European Union to certain categories of horizontal State aid5
3.2 General block exemption regulation
– Commission Regulation (EU) No 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 Treaty6
3.3 Sectorial block exemption regulations
– 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 Union7
– Commission Regulation (EU) No 1388/2014 of 16 December 2014 declaring certain categories of aid to undertakings active in the production, processing and marketing of fishery and aquaculture products compatible with the internal market in application of Articles 107 and 108 of the Treaty on the Functioning of the European Union8
– Regulation (EC) No 1370/2007 of the European Parliament and of the Council of 23 October 2007 on public passenger transport services by rail and by road and repealing Council Regulations (EEC) Nos 1191/69 and 1107/709
– Communication from the Commission on interpretative guidelines concerning Regulation (EC) No 1370/2007 on public passenger transport services by rail and by road10
– Commission Decision of 20 December 2011 on the application of Article 106(2) of the Treaty on the Functioning of the European Union to State aid in the form of public service compensation granted to certain undertakings entrusted with the operation of services of general economic interest11
3.4 De minimis aid regulations
– Commission Regulation (EU) 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 aid12
– Commission Regulation (EU) No 360/2012 of 25 April 2012 on the application of Articles 107 and 108 of the Treaty on the Functioning of the European Union to de minimis aid granted to undertakings providing services of general economic interest13
– 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 sector14
– Commission Regulation (EU) No 717/2014 of 27 June 2014 on the application of Articles 107 and 108 of the Treaty on the Functioning of the European Union to de minimis aid in the fishery and aquaculture sector15
4. Procedural rules
– Council Regulation (EU) 2015/1589 of 13 July 2015 laying down detailed rules for the application of Article 108 of the Treaty on the Functioning of the European Union16
– 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 Treaty17
– Notice from the Commission — Towards an effective implementation of Commission decisions ordering Member States to recover unlawful and incompatible State aid18
– Commission notice on the determination of the applicable rules for the assessment of unlawful State aid19
– Commission notice on the enforcement of State aid law by national courts20
– Communication from the Commission on the revision of the method for setting the reference and discount rates21
– Communication from the Commission – Code of Best Practice for the conduct of State aid control procedures22
– Commission communication C (2003) 4582 of 1 December 2003 on professional secrecy in State aid decisions23
5. Compatibility rules
5.1 Important Projects of Common European Interest
– Communication from the Commission — Criteria for the analysis of the compatibility with the internal market of State aid to promote the execution of important projects of common European interest24
5.2 Agricultural aid
– European Union guidelines for State aid in the agricultural and forestry sectors and in rural areas 2014 – 202025
5.3 Fisheries and aquaculture aid
– Communication from the Commission – Guidelines for the examination of State aid to the fishery and aquaculture sector26
5.4 Regional aid
– Guidelines on regional State aid for 2014-202027
5.5 Research and development and innovation aid
– Communication from the Commission — Framework for State aid for research and development and innovation28
5.6 Risk capital aid
– Communication from the Commission — Guidelines on State aid to promote risk finance investments29
5.7 Rescue and restructuring aid
– Communication from the Commission – Guidelines on State aid for rescuing and restructuring non-financial undertakings in difficulty30
5.8 Training aid
– Communication from the Commission – Criteria for the analysis of the compatibility of State aid for training subject to individual notification31
5.9 Employment aid
– Communication from the Commission – Criteria for the analysis of the compatibility of State aid for the employment of disadvantaged and disabled workers subject to individual notification32
5.10 Temporary rules in response to the economic and financial crisis
– Communication from the Commission on the application, from 1 August 2013, of State aid rules to support measures in favour of banks in the context of the financial crisis33
– Communication from the Commission on the treatment of impaired assets in the Community banking sector34
– Commission communication on the return to viability and the assessment of restructuring measures in the financial sector in the current crisis under the State aid rules35
5.11 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 insurance36
5.12 Energy and environment
5.12.1 Environment and energy
– Communication from the Commission — Guidelines on State aid for environmental protection and energy 2014-202037
– Communication from the Commission — Guidelines on certain State aid measures in the context of the greenhouse gas emission allowance trading scheme post-201238
5.12.2 Electricity (stranded costs)
– Commission Communication relating to the methodology for analysis of State aid linked to stranded costs39
5.12.3 Coal
– Council Decision of 10 December 2010 on State aid to facilitate the closure of uncompetitive coal mines40
5.13 Basic industries and manufacturing (steel)
– Communication from the Commission concerning certain aspects of the treatment of competition cases resulting from the expiry of the ECSC Treaty41
5.14 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 services42
5.15 Audiovisual, broadcasting and broadband
5.15.1 Audiovisual production
– Communication from the Commission on State aid for films and other audiovisual works43
5.15.2 Broadcasting
– Communication from the Commission on the application of State aid rules to public service broadcasting44
5.15.3 Broadband network
– Communication from the Commission – Guidelines for the application of State aid rules in relation to the rapid deployment of broadband networks45
39 http://ec.europa.eu/competition/state_aid/legislation/stranded_costs_en.pdf
5.16 Transport and infrastructure
– Communication from the Commission – Community guidelines on State aid for railway undertakings46
– Community guidelines on State aid to maritime transport47
– Communication from the Commission providing guidance on State aid complementary to Community funding for the launching of the motorways of the sea48
– Communication from the Commission providing guidance on State aid to ship-management companies49
– Communication from the Commission — Guidelines on State aid to airports and airlines50
5.17 Services of general economic interest (SGEI)
– Communication from the Commission — European Union framework for State aid in the form of public service compensation51
6. Transparency of financial relations between Member States and public undertakings
– Commission Directive 2006/111/EC of 16 November 2006 on the transparency of financial relations between Member States and public undertakings as well as on financial transparency within certain undertakings52
7.
Contact McMahon Legal