Paragraph 7 CMA approval of pre-exit aid

(1)

This paragraph applies if the CMA is deciding whether to approve pre-exit aid under Chapter 2 (unlawful aid) or Chapter 3 (misuse of aid) of Part 3.

(2)

In deciding whether to approve the aid—

(a)

regulations 5(2) and 6 do not apply;

(b)

the CMA must have regard to the substantive criteria contained in any appropriate European Commission guidelines, frameworks, notices and communications that applied at the time the aid was granted; and

(c)

in the condition for Article 107(3) of the TFEU in the third column of the Table in regulation 3(4)—

(i)

in paragraph (a), the reference to an area that was, immediately before exit day, specified in Schedule 1 to the Assisted Areas Order 2014 is to be read as a reference to an area that was, at the time the aid was granted, specified in Schedule 1 to the Assisted Areas Order 2007^f1 or Schedule 1 to the Assisted Areas Order 2014 (as appropriate);

(ii)

in paragraph (c), the reference to an area that was, immediately before exit day, specified in Schedule 2 to the Assisted Areas Order 2014 is to be read as a reference to an area that was, at the time the aid was granted, specified in Schedule 2 to the Assisted Areas Order 2007 or Schedule 2 to the Assisted Areas Order 2014 (as appropriate); and

(iii)

there is deemed to be a paragraph (e) which provides that the CMA may approve such other categories of aid that had, at the time the aid was granted, been specified by the Council on a proposal from the Commission in accordance with Article 107(3)(e) of the TFEU (as it had effect immediately before exit day).

Annotations

Footnotes

f1: S.I. 2007/107.