OpenLegislation

Article 25 Controls

United Kingdom

Original text. Later amendments are not shown.

1.

Each undertaking and production site in respect of which an aid is received under the restructuring fund shall be inspected by the competent authority of the Member State within three months after the deadline referred to in Article 23(2).

The inspection shall check that the restructuring plan or business plan is being complied with and shall verify the accuracy and completeness of the information given by the undertaking in the progress report. The first inspection under a restructuring plan shall also verify any additional information given by the undertaking in its application for restructuring aid, in particular the confirmation referred to in Article 4(2)(b) of Regulation (EC) No 320/2006.

2.

The inspection shall in all cases cover the elements of the restructuring plan referred to in Article 4(3) of Regulation (EC) No 320/2006. For each inspection a report shall be established, fully describing the work undertaken, the main findings and any follow-up action required.

3.

The inspection report shall be divided into the following parts:

(a)

a general part, containing, in particular, the following information:

  1. (i)

    the beneficiary and the production site subject to the inspection;

  2. (ii)

    the persons present;

  3. (iii)

    whether notice of the visit was given to the beneficiary and, if so, the period of advance notification;

(b)

for each of the elements of the restructuring plan listed in Article 4(3) of Regulation (EC) No 320/2006 and for each business plan, a part reflecting separately the checks carried out and containing, in particular, the following information:

  1. (i)

    the requirements and the standards subject to the inspection;

  2. (ii)

    the nature and extent of the checks carried out;

  3. (iii)

    the findings;

  4. (iv)

    the elements of the restructuring plan or business plan in relation to which non-compliances are found;

(c)

an evaluation part giving an assessment of the importance of the non-compliance in respect of each element on the basis of its severity, extent, degree of permanence and previous history with an indication of any non-compliance which has led or should lead to the adoption of measures in accordance with Article 26 or 27.

4.

The beneficiary shall be informed of any non-compliance found.

5.

The inspection report shall be finalised within one month after the inspection.