Regulation of state aids form an integral part of the EU law from its very origin. Various special rules on provision of state aids were created as secondary law rules by the EU Council and EU Commission. They distinguish between horizontal and sectoral state aid. Horizontal aid concerns schemes potentially benefiting all undertakings regardless of their industry. Sectoral aid is targeted at specific industries or sectors. The paper deals with the legal framework of state aid rules in the agriculture sector. As first, it discusses the extent to which the State aid rules have been generally applied in the agriculture sector by the EU Council under Article 36 of the Treaty, together with the extent to which they have been specifically applied under the regulations which govern both the .common organizations of the market and rural development. Following chapter analyses the agriculture de minimis Regulation, which sets out circumstances in which agricultural aid is sufficiently small that Article 107/1 TFEU will be not applied. Thereafter the paper focuses on the provisions of the Agriculture Block Exemption Regulation and, finally, on agricultural aid that falls to be notified to the Commission as being authorized under the Agriculture Guidelines.
(6) Commission Regulation (EC) 1857/2006 on the application of Artieles107 and108 of the Treaty to State aid to small and medium- sized enterprises active in the production of agricultural products (‚Agriculture Block Exemption Regulation‘) (2006) OJ L358/3.
(7) 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. (2006) OJ L 379/5.
(8) Commission Regulation (EC) 1535/2007 on the application of Articles107 and 108 of the Treaty to de minimis aid in the sector of agricultural production (Agriculture de minimis Regulation‘) (2007) OJ L337/35. (9) Commission Regulation (EC) 800/2008 declaring certain categories of aid compatible with the common market in application of Articles107 and108 of the Treaty (General Block Exemption Regulation) (‚GBER‘) (2008) OJ L214/3.
(10) Community guidelines for State aid in the agriculture and forestry sector 2007 to 2013 (‚Agriculture Guidelines‘) (2006) OJ C319/1.
(11) Council Decision 200.61 144/EC on Community strategic guidelines for rural development (programming period 2007 to 2013) (2006) OJ L55/20.
(12) Council Regulation (EC) 1257/1999 on support for rural development from the European Agricultural Guidance and Guarantee Fund (EAGGF) (1999) OJ L160/80.
(13) Council Regulation (EC) 1782/2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain supprt schemes for farmers (2003). OJ L270/l.
(14) Council Regulation (EC) 1698/2005 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD) (‚Rural Development Regulation‘) (2005) OJ L277/1.
(15) Council Regulation (EC) 1184/2006 applying certain rules of competition to the production of and trade in, agricultural products (2006) OJ L214/7.
(16) Council Regulation (EC) 1234/2007 establishing a common organization of agricultural markets and on specifi c provisions for certain agricultural products (‚Single CMO Regulation‘) (2007), OJ L299/1.
(17) Council Regulation (EC) 1182/2007 laying down specifi c rules as regards the fruit and vegetable sector (2007) OJ L273/1.
(18) Council Regulation (EC) 479/2008 on the common organization of the marker in wine (2008) OJ LI48/1.
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(20) Directive 2000/60/EC of the European Parliament and of the Council (Water Framework Directive), (2000) OJ L327/1
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