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Document 11957E092

TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY, PART THREE - POLICY OF THE COMMUNITY, TITLE I - COMMON RULES, CHAPTER 1: RULES ON COMPETITION, SECTION 3: AIDS GRANTED BY STATES, ARTICLE 92

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ELI: http://data.europa.eu/eli/treaty/teec/art_92/sign

11957E092

TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY, PART THREE - POLICY OF THE COMMUNITY, TITLE I - COMMON RULES, CHAPTER 1: RULES ON COMPETITION, SECTION 3: AIDS GRANTED BY STATES, ARTICLE 92


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ARTICLE 92

1 . SAVE AS OTHERWISE PROVIDED IN THIS TREATY , ANY AID GRANTED BY A MEMBER STATE OR THROUGH STATE RESOURCES IN ANY FORM WHATSOEVER WHICH DISTORTS OR THREATENS TO DISTORT COMPETITION BY FAVOURING CERTAIN UNDERTAKINGS OR THE PRODUCTION OF CERTAIN GOODS SHALL , IN SO FAR AS IT AFFECTS TRADE BETWEEN MEMBER STATES , BE INCOMPATIBLE WITH THE COMMON MARKET .

2 . THE FOLLOWING SHALL BE COMPATIBLE WITH THE COMMON MARKET :

( A ) AID HAVING A SOCIAL CHARACTER , GRANTED TO INDIVIDUAL CONSUMERS , PROVIDED THAT SUCH AID IS GRANTED WITHOUT DISCRIMINATION RELATED TO THE ORIGIN OF THE PRODUCTS CONCERNED ;

( B ) AID TO MAKE GOOD THE DAMAGE CAUSED BY NATURAL DISASTERS OR OTHER EXCEPTIONAL OCCURRENCES ;

( C ) AID GRANTED TO THE ECONOMY OF CERTAIN AREAS OF THE FEDERAL REPUBLIC OF GERMANY AFFECTED BY THE DIVISION OF GERMANY , IN SO FAR AS SUCH AID IS REQUIRED IN ORDER TO COMPENSATE FOR THE ECONOMIC DISADVANTAGES CAUSED BY THAT DIVISION .

3 . THE FOLLOWING MAY BE CONSIDERED TO BE COMPATIBLE WITH THE COMMON MARKET :

( A ) AID TO PROMOTE THE ECONOMIC DEVELOPMENT OF AREAS WHERE THE STANDARD OF LIVING IS ABNORMALLY LOW OR WHERE THERE IS SERIOUS UNDEREMPLOYMENT ;

( B ) AID TO PROMOTE THE EXECUTION OF AN IMPORTANT PROJECT OF COMMON EUROPEAN INTEREST OR TO REMEDY A SERIOUS DISTURBANCE IN THE ECONOMY OF A MEMBER STATE ;

( C ) AID TO FACILITATE THE DEVELOPMENT OF CERTAIN ECONOMIC ACTIVITIES OR OF CERTAIN ECONOMIC AREAS , WHERE SUCH AID DOES NOT ADVERSELY AFFECT TRADING CONDITIONS TO AN EXTENT CONTRARY TO THE COMMON INTEREST . HOWEVER , THE AIDS GRANTED TO SHIPBUILDING AS OF 1 JANUARY 1957 SHALL , IN SO FAR AS THEY SERVE ONLY TO COMPENSATE FOR THE ABSENCE OF CUSTOMS PROTECTION , BE PROGRESSIVELY REDUCED UNDER THE SAME CONDITIONS AS APPLY TO THE ELIMINATION OF CUSTOMS DUTIES , SUBJECT TO THE PROVISIONS OF THIS TREATY CONCERNING COMMON COMMERCIAL POLICY TOWARDS THIRD COUNTRIES ;

( D ) SUCH OTHER CATEGORIES OF AID AS MAY BE SPECIFIED BY DECISION OF THE COUNCIL ACTING BY A QUALIFIED MAJORITY ON A PROPOSAL FROM THE COMMISSION .

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