Public authorities should note that the information on this page is only applicable when the aid being provided is within the scope of Article 10 of the Northern Ireland Protocol. If you are providing support to service sector companies please refer to the information on the State aid and Subsidy control after EU Exit webpage.
Article 10 of the Northern Ireland Protocol
Article 10 of the Northern Ireland Protocol provides that the EC State aid rules will continue to apply to the UK in respect of measures which affect trade in goods between NI and the EU (including the production of and trade in agricultural products) and the production of wholesale electricity in NI (i.e. measures impacting on the Single Electricity Market).
The Department for Business Energy and Industrial Strategy (BEIS) has provided guidance which covers the interpretation of Article 10 of the Northern Ireland Protocol on the EU State aid rules.
Using the Horizontal and Sectoral State aid rules
If you want to use the Horizontal or Sectoral rules for State aid cover, you have to formally tell the European Commission about your plans and wait for a formal decision before you provide any aid. This can be a lengthy process, and it can take around 12 to 18 months to get a decision from the European Commission.
To save time, you should think about whether you can get State aid cover through one of the Block Exemption Regulations or one of the de minimis regulations.
You can read more about the Hortizontal and Sectoral State aid rules in State aid: A Beginner's Guide for Public Bodies in Northern Ireland.
Horizontal State aid rules
Horizontal State aid rules apply to all sectors. The categories are aimed at solving problems that may arise in any industry and country:
- Regional Aid
- Research and development and innovation
- Aid for Environmental Protection and Energy
- Training aid
- Rescue and Restructuring aid
- Aid for disadvantaged and disabled workers
Sectoral State aid rules
As their name suggests, the Sectoral State aid rules apply to specific sectors/industries.
Agriculture, Forestry and Rural Areas
- European Union Guidelines for State aid in the agricultural and forestry sectors and in rural areas 2014-2020
- Commission Regulation (EU) No 702/2014 - Agricultural, Forestry and Rural Areas Block Exemption Regulation
- EU Guidelines for the application of State aid rules in relation to the rapid deployment of broadband networks
Films and other Audiovisual Works
Fisheries and Aquaculture
- Guidelines for the examination of State aid to the fishery and aquaculture sector
- Commission Regulation (EU) 1388/2014 - Fisheries and Aquaculture Block Exemption Regulation
- Guidance on State aid to Ship Management companies
- Guidance on State aid complementary to Community funding for the launching of motorways of the sea
- Guidelines on State aid to Maritime Transport
Rail and Road
- Regulation (EC) No 1370/2007 - Public passenger transport services by rail and by road
- Communication from the Commission - Interpretative Guidelines concerning Regulation (EC) No 1370/2007 - Public Passenger Transport service by rail and by road
- Communication from the Commission: Community guidelines on State aid for railway undertakings
How to find out more
If you work for a public body and have any questions about how to apply the Horizontal or Sectoral State aid rules, please speak to one of the State aid and subsidy control contacts.
You can find out more about State aid in State aid: A Beginner's Guide for Public Bodies in Northern Ireland.
You can read more about the rules after EU Exit on the Department's webpage State aid and subsidy control after EU exit.