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Application of Articles 107 to 109 TFEU
1. Articles 107 to 109 TFEU shall apply to the production of, and trade in, agricultural products. 2. By way of derogation from paragraph 1, Articles 107 to 109 TFEU shall not apply to payments made by Member States pursuant to and in conformity with either of the following: (a) the measures provided for in this Regulation which are partly or wholly financed by the Union; (b) Articles 213 to 218 of this Regulation.
National payments related to wine support programmes
By way of derogation from Article 44(3), Member States may grant national payments in accordance with the Union rules on State aid for the measures referred to in Articles 45, 49 and 50. The maximum aid rate as laid down in the relevant Union rules on State aid shall apply to the global public financing, including both Union and national funds.
National payments for reindeer in Finland and Sweden
Subject to an authorisation by the Commission adopted without applying the procedure referred to in Article 229(2) or (3), national payments for the production and marketing of reindeer and reindeer products (CN codes ex 0208 and ex 0210 ) may be made by Finland and Sweden insofar as they do not entail any increase in traditional levels of production.
National payments for the sugar sector in Finland
Finland may make national payments of up to EUR 350 per hectare per marketing year to sugar beet growers.
National payments for apiculture
Member States may make national payments for the protection of apiaries disadvantaged by structural or natural conditions or under economic development programmes, except for those allocated for production or trade.
National payments for distillation of wine in cases of crisis
1. Member States may make national payments to wine producers for the voluntary or mandatory distillation of wine in justified cases of crisis. Those payments shall be proportionate and shall allow that crisis to be addressed. The overall amount of payments available in a Member State in any given year for such payments shall not exceed 15 % of the globally available funds per Member State for that year as laid down in Annex VI. 2. Member States wishing to make use of the national payments referred to in paragraph 1 shall submit a duly substantiated notification to the Commission. The Commission shall decide, without applying the procedure referred to in Article 229(2) or (3), whether the measure is approved and whether the payments may be made. 3. The alcohol resulting from distillation referred to in paragraph 1 shall be used exclusively for industrial or energy purposes so as to avoid any distortion of competition. 4. The Commission may adopt implementing acts laying down the measures necessary for the application of this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 229(2).
National payments for distribution of products to children
Member States may, in addition to Union aid provided for in Articles 23 and 26, make national payments for supplying the products to children in educational establishments or for the related costs referred to in Article 23(1). Member States may finance those payments by means of a levy on the sector concerned or by any other contribution from the private sector. Member States may, in addition to Union aid provided for in Article 23, make national payments for financing accompanying measures necessary to make the Union scheme for the supply of fruit and vegetable, processed fruit and vegetable and banana products effective, as referred to in Article 23(2).
National payments for nuts
1. Member States may make national payments, up to a maximum of EUR 120,75 per hectare per year, to farmers producing the following products: (a) almonds falling within CN codes 0802 11 and 0802 12 ; (b) hazelnuts or filberts falling within CN codes 0802 21 and 0802 22 ; (c) walnuts falling within CN codes 0802 31 00 and 0802 32 00 ; (d) pistachios falling within CN codes 0802 51 00 and 0802 52 00 ; (e) locust beans falling within CN code 1212 92 00 . 2. The national payments referred to in paragraph 1 may be paid only for a maximum area of: Member State Maximum area (ha) Belgium 100 Bulgaria 11 984 Germany 1 500 Greece 41 100 Spain 568 200 France 17 300 Italy 130 100 Cyprus 5 100 Luxembourg 100 Hungary 2 900 Netherlands 100 Poland 4 200 Portugal 41 300 Romania 1 645 Slovenia 300 Slovakia 3 100 United Kingdom 100 3. Member States may make the granting of national payments referred to in paragraph 1 conditional on farmers being members of a producer organisation recognised under Article 152.
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Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.