The State Aid (EU Exit) Regulations 2019
Draft 2019, ISBN 9780111178768
Draft Regulations laid before Parliament under paragraph 1(1) of Schedule 7 to the European Union (Withdrawal) Act 2018, for approval by resolution of each House of Parliament.
Exiting The European Union
Competition
Made ***
Coming into force in accordance with regulation 1(1)
The Secretary of State makes these Regulations in exercise of the powers conferred by section 8(1) of, and paragraph 21 of Schedule 7 to, the European Union (Withdrawal) Act 2018f1.
In accordance with paragraph 1(1) of Schedule 7 to the European Union (Withdrawal) Act 2018 a draft of this instrument has been laid before Parliament and approved by a resolution of each House of Parliament.
Annotations to the whole text
Footnotes
- f1
Contents
- Part 1: Introduction
- 1Citation, commencement and extent
- 2Interpretation
- Part 2: Framework
- 3State aid
- 4Application and exemptions
- 5Approval of aid under Article 107(3)
- 6Approval of aid under Article 93, 106(2) or 107(2)
- Part 3: Procedure
- Chapter 1: Notified aid
- 7Notification
- 8Examination of notification
- 9Failure to take decision
- 10Publicity
- 11Notified aid investigation
- 12Publication of decision after notified aid investigation
- 13Time limit for notified aid investigation
- 14Withdrawal of notification
- Chapter 2: Unlawful aid
- 15Examination of alleged unlawful aid
- 16Publicity
- 17Unlawful aid investigation
- 18Publication of decision after unlawful aid investigation
- Chapter 3: Misuse of aid
- 19Examination of alleged misuse of aid
- 20Publicity
- 21Misuse of aid investigation
- 22Publication of decision after misuse of aid investigation
- Chapter 4: Existing aid schemes
- 23Review of existing aid scheme
- 24Proposal for appropriate modifications
- 25Consequences of proposal for appropriate modifications
- 26Publicity
- 27Existing aid scheme investigation
- 28Publication of decision after existing aid scheme investigation
- 29Time limit for existing aid scheme investigation
- Chapter 5: Market information
- 30Request for market information
- 31Market information order
- 32Enforcement of market information requests and orders
- Chapter 6: General
- 33Complaints
- 34Decision based on incorrect information
- 35Approvals
- 36Timing for publication of decisions
- Part 4: Enforcement
- 37Interim suspension order
- 38Interim recovery order
- 39Termination order
- 40Recovery order
- 41Limitation period
- 42Information provisions in enforcement order
- 43Time to comply with enforcement order
- 44Recovery of aid
- 45Compliance with enforcement order
- Part 5: Monitoring and reporting
- 46Monitoring
- 47Information requests for monitoring
- 48Annual reports for existing aid schemes
- 49Publication of CMA annual report
- 50Monitoring and reporting of aid that is exempt from notification
- Part 6: Statements of policy, notices and guidance
- 51CMA statements of policy on exit day
- 52Other CMA statements of policy
- 53Amendments to CMA statements of policy
- 54Consent
- 55Notices
- 56Secretary of State guidance
- Part 7: General and final provisions
- Chapter 1: General provisions
- 57Application of state aid framework in urgent cases
- 58Interest rate for recovery of aid
- 59Method for applying interest rate
- 60Variation of time periods
- 61Service of documents
- 62Further publicity requirements
- 63Defamation
- 64Confidential information
- Chapter 2: Final provisions
- 65Revocations etc.
- 66Crown application
- 67Transitional and savings provisions
- 68Amendments to legislation
- Signature
- Schedule 1: Agriculture and fisheries
- 1Agriculture and fisheries
- Schedule 2: Specified EU projects
- 1Specified EU projects
- 2Interpretation
- Schedule 3: Aid granted by Act of Parliament
- 1Interpretation
- 2Aid granted by Act of Parliament
- 3Investigation
- 4Advisory opinion: proposals to grant aid
- 5Advisory opinion: aid granted
- 6Publicity
- Schedule 4: Powers of entry in misuse of aid examinations
- Part 1: Interpretation and application
- 1Interpretation
- 2Application
- Part 2: Entry without a warrant
- 3Power to enter business premises without a warrant
- 4Safeguards
- 5Associated powers
- Part 3: Entry with a warrant
- 6Power to enter business premises with a warrant
- 7Application for warrant
- 8Powers conferred by search warrant
- 9Warrants: further provision
- 10Time period
- 11Execution of warrants: notice
- 12Execution of warrants: evidence of authority
- 13Execution of warrants: securing premises after entry
- 14Execution of warrants: seizure
- Part 4: Offences
- 15Offences
- Part 5: General
- 16Self-incrimination
- 17Privileged communication
- Schedule 5: Administrative penalties
- 1Penalties
- 2Secretary of State power to amend maximum amount of penalty
- 3Main procedural requirements
- 4Payments and interest by instalments
- 5Grounds for appeal
- 6Recovery of penalties
- 7Statement of policy
- Schedule 6: Monitoring and reporting of aid that is exempt from notification
- Part 1: Block exemption regulations
- 1Summary reports
- 2High value awards of individual aid
- 3Annual reports
- 4Monitoring
- 5Publication of information
- Part 2: De minimis regulations, SGEI decision and road and rail
- 6Monitoring of de minimis aid
- 7Transparency of aid under the SGEI decision
- 8Information under the SGEI decision
- 9Reports under the SGEI decision
- 10Road and rail regulation
- Schedule 7Guidelines, frameworks, notices and communications
- Schedule 8: Transitional and savings provisions
- 1Interpretation
- 2Application
- 3EU state aid decisions
- 4Duration of EU state aid decisions
- 5Categories of aid specified by the Council
- 6Pre-exit aid that was exempt from notification requirement
- 7CMA approval of pre-exit aid
- 8Application to existing Acts of Parliament
- 9Deemed authorisation before exit day
- 10Savings
- Schedule 9: Amendments to retained EU law
- Part 1: Amendments to the General Block Exemption Regulation
- 1Amendments to the General Block Exemption Regulation
- 2Article 1 (Scope)
- 3Article 2 (definitions)
- 4New Article 2A
- 5Article 3 (Conditions for exemption)
- 6Article 4 (Notification thresholds)
- 7Article 5 (Transparency of aid)
- 8Article 6 (Incentive effect)
- 9Article 7 (Aid intensity and eligible costs)
- 10Article 8 (Cumulation)
- 11Article 9 (Publication and information)
- 12Article 10 (Withdrawal of benefit of the block exemption)
- 13Article 11 (Reporting)
- 14Article 12 (Monitoring)
- 15Article 13 (Scope of regional aid)
- 16Article 14 (Regional investment aid)
- 17Article 15 (Regional operating aid)
- 18Article 16 (Regional urban development aid)
- 19Article 17 (Investment aid to SMEs)
- 20Article 18 (Aid for consultancy in favour of SMEs)
- 21Article 19 (Aid to SMEs for participation in fairs)
- 22Article 20 (Aid for cooperation costs incurred by SMEs participating in European Territorial Cooperation projects)
- 23Article 21 (Risk finance aid)
- 24Article 22 (Aid for start-ups)
- 25Article 23 (Aid to alternative trading platforms specialised in SMEs)
- 26Article 24 (Aid for scouting costs)
- 27Article 25 (Aid for research and development projects)
- 28Article 26 (Investment aid for research infrastructures)
- 29Article 27 (Aid for innovation clusters)
- 30Article 28 (Innovation aid for SMEs)
- 31Article 29 (Aid for process and organisational innovation)
- 32Article 30 (Aid for research and development in the fishery and aquaculture sector)
- 33Article 31 (Training aid)
- 34Article 32 (Aid for the recruitment of disadvantaged workers in the form of wage subsidies)
- 35Article 33 (Aid for the employment of workers with disabilities in the form of wage subsidies)
- 36Article 34 (Aid for compensating the additional costs of employing workers with disabilities)
- 37Article 35 (Aid for compensating the costs of assistance provided to disadvantaged workers)
- 38Article 36 (Investment aid enabling undertakings to go beyond Union standards for environmental protection or to increase the level of environmental protection in the absence of Union standards)
- 39Article 37 (Investment aid for early adaptation to future Union standards)
- 40Article 38 (Investment aid for energy efficiency measures)
- 41Article 39 (Investment aid for energy efficiency projects in buildings)
- 42Article 40 (Investment aid for high-efficiency cogeneration)
- 43Article 41 (Investment aid for the promotion of energy from renewable sources)
- 44Article 42 (Operating aid for the promotion of electricity from renewable sources)
- 45Article 43 (Operating aid for the promotion of energy from renewable sources in small scale installations)
- 46Article 44 (Aid in the form of reductions in environmental taxes under Directive 2003/96/EC)
- 47Article 45 (Investment aid for remediation of contaminated sites)
- 48Article 46 (Investment aid for energy efficient district heating and cooling)
- 49Article 47 (Investment aid for waste recycling and re-utilisation)
- 50Article 48 (Investment aid for energy infrastructure)
- 51Article 49 (Aid for environmental studies)
- 52Article 50 (Aid schemes to make good the damage caused by certain natural disasters)
- 53Article 51 (Social aid for transport for residents of remote regions)
- 54Article 52 (Aid for broadband infrastructures)
- 55Article 53 (Aid for culture and heritage conservation)
- 56Article 54 (Aid schemes for audiovisual works)
- 57Article 55 (Aid for sport and multifunctional recreational infrastructures)
- 58Article 56 (Investment aid for local infrastructures)
- 59Article 56a (Aid for regional airports)
- 60Article 56b (Aid for maritime ports)
- 61Article 56c (Aid for inland ports)
- 62Article 58 (Transitional provisions)
- 63Article 59
- 64Annex I
- 65Annex II
- 66Annex III
- Part 2: Amendments to the general de minimis regulation
- 67Amendments to the general de minimis regulation
- 68Article 1 (Scope)
- 69Article 2 (Definitions)
- 70Article 3 (De minimis aid)
- 71Article 4 (Calculation of gross grant equivalent)
- 72Article 5 (Cumulation)
- 73Article 6 (Monitoring)
- 74Article 7 (Transitional provisions)
- 75Article 8 (Entry into force and period of application)
- Part 3: Amendments to the SGEI de minimis regulation
- 76Amendments to the SGEI de minimis regulation
- 77Article 1 (Scope and definitions)
- 78Article 2 (De minimis aid)
- 79Article 3 (Monitoring)
- 80Article 4 (Transitional provisions)
- 81Article 5 (Entry into force and period of validity)
- Part 4: Amendments to the SGEI decision
- 82Amendments to the SGEI decision
- 83Article 1 (Subject matter)
- 84Article 2 (Scope)
- 85Article 3 (Compatibility and exemption from notification)
- 86Article 4 (Entrustment)
- 87Article 5 (Compensation)
- 88Article 6 (Control of overcompensation)
- 89Article 7 (Transparency)
- 90Article 8 (Availability of information)
- 91Article 9 (Reports)
- 92Article 13 (Addressees)
- Part 5: Amendments to the financial transparency regulations
- 93Amendments to the financial transparency regulations
- Part 6: Amendments to other retained EU law
- 94Amendments to the Agricultural Block Exemption Regulation
- 95Amendments to the Fisheries Block Exemption Regulation
- 96Amendments to the agricultural de minimis regulation
- 97Amendments to the fisheries de minimis regulation
- 98Amendments to the maritime and fisheries fund regulation
- Schedule 10: Amendments to legislation
- Part 1: Amendments to UK primary legislation
- 1Criminal Justice and Police Act 2001
- 2Enterprise Act 2002
- 3Banking Act 2009
- 4Enterprise and Regulatory Reform Act 2013
- Part 2: Amendments to UK subordinate legislation
- 5Enterprise Act 2002 (Merger Fees and Determination of Turnover) Order 2003
- 6Electronic Communications (Networks and Services) (Penalties) (Rules for Calculation of Turnover) Order 2003
- 7Water Mergers (Determination of Turnover) Regulations 2004
- 8Pension Protection Fund (Partially Guaranteed Schemes) (Modification) Regulations 2005
- 9Water Industry (Determination of Turnover for Penalties) Order 2005
- 10Pension Protection Fund (Entry Rules) Regulations 2005
- 11Mobile Roaming (European Communities) Regulations 2007
- 12Community Infrastructure Levy Regulations 2010
- 13Climate Change Agreements (Administration) Regulations 2012
- 14Payment of Pension Levies for Past Periods Regulations 2014
- 15Bank Recovery and Resolution (No. 2) Order 2014
- 16Open Internet Access (EU Regulation) Regulations 2016
- Part 3: Amendments to devolved legislation
- Chapter 1: Scotland
- 17Non-Domestic Rates (Renewable Energy Generation Relief) (Scotland) Regulations 2010
- 18Non-Domestic Rates (Enterprise Areas) (Scotland) Regulations 2012
- 19Non-Domestic Rates (Enterprise Areas) (Scotland) Regulations 2016
- 20Non-Domestic Rates (Steel Sites) (Scotland) Regulations 2016
- 21Non-Domestic Rates (District Heating Relief) (Scotland) Regulations 2017
- 22Non-Domestic Rates (Transitional Relief) (Scotland) Regulations 2017
- 23Non-Domestic Rates (Day Nursery Relief) (Scotland) Regulations 2018
- Chapter 2: Northern Ireland
- 24Rates (Northern Ireland) Order 1977
- 25Gas (Applications for Licences and Extensions) Regulations (Northern Ireland) 1996
- 26Pension Protection Fund (Partially Guaranteed Schemes) (Modification) Regulations (Northern Ireland) 2005
- 27Pension Protection Fund (Entry Rules) Regulations (Northern Ireland) 2005
- 28Water Industry (Determination of Turnover for Penalties) Order (Northern Ireland) 2007
- 29Payment of Pension Levies for Past Periods Regulations (Northern Ireland) 2015
- Explanatory note