The State Aid (EU Exit) Regulations 2019

Monitoring

4.—(1) If an aid grantor grants aid that is exempt from the notification requirement in Article 108(3) of the TFEU by virtue of a block exemption regulation, the aid grantor must maintain detailed records with the information and supporting documentation necessary to establish that the conditions in the block exemption regulation are fulfilled.

(2) An aid grantor must keep the records for 10 years from the date on which ad hoc aid was granted or the last aid was granted under an aid scheme.

(3) If an aid scheme under the GBER grants aid automatically and there is no ex ante verification that all compatibility conditions are met for each beneficiary, such as a scheme based on tax declarations of the beneficiaries—

(a) the aid grantor must regularly verify, at least ex post and on a sample basis, that all compatibility conditions of the scheme are met; and

(b) the aid grantor must maintain detailed records of the verifications for a period of at least 10 years from the date on which the last aid was granted under the scheme.

(4) The CMA may request an aid grantor to send any information and supporting documentation that the CMA considers necessary to monitor compliance with the conditions of a block exemption regulation.

(5) If the CMA makes a request under sub-paragraph (4), the aid grantor must send the requested information to the CMA within a period of 20 working days from the date the request was received or such longer period as may be set in the request.

(6) The CMA may take into account any information provided, or a failure to comply with a request, for the purpose of taking any relevant decision under Part 3 or 4 of these Regulations.