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Chapter III · SPECIFIC PROVISIONS FOR DIFFERENT CATEGORIES OF AID  ›  Section 7 · Aid for environmental protection › Article 44

Aid in the form of reductions in environmental taxes under Directive 2003/96/EC

1.   Aid schemes in the form of reductions in environmental taxes fulfilling the conditions of Council Directive 2003/96/EC of 27 October 2003 restructuring the Community framework for the taxation of energy products and electricity (57) shall be compatible with the internal market within the meaning of Article 107(3) of the Treaty and shall be exempted from the notification requirement of Article 108(3) of the Treaty, provided that the conditions laid down in this Article and in Chapter I are fulfilled.

2.   The beneficiaries of the tax reduction shall be selected on the basis of transparent and objective criteria and shall pay at least the respective minimum level of taxation set by Directive 2003/96/EC.

3.   Aid schemes in the form of tax reductions shall be based on a reduction of the applicable environmental tax rate or on the payment of a fixed compensation amount or on a combination of these mechanisms.

4.   Aid shall not be granted for biofuels which are subject to a supply or blending obligation.

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