State aid — updated rules on low-value aid

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By David Hansom

On 1 January 2014, two new measures relating to so-called de minimis state aid have been introduced and will apply until 31 December 2020.

Regulation 1407/2013 replaces regulation 1998/2006 and provides the threshold below which financial assistance measures are deemed not to meet all the criteria of article 107(1) of the Treaty on the Functioning of the European Union (TFEU), and so are exempt from the notification obligation under article 108(3).

Notable points include: the basic de minimis ceiling over any three-year fiscal period is unchanged at €200,000 (or €100,000 for road freight transport); and the rules do not apply to fishery and agriculture sectors, primary agricultural production, the processing and marketing of agricultural products, export-related activities and aid contingent on use of domestic over-imported goods…

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