The State Aid (EU Exit) Regulations 2019

Monitoring of de minimis aid

This section has no associated Explanatory Memorandum

6.—(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 de minimis regulation, the aid grantor must maintain detailed records with the information and supporting documentation necessary to establish that the conditions in the de minimis regulation are fulfilled.

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

(3) 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 de minimis regulation.

(4) If the CMA makes a request under sub-paragraph (3), 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.

(5) 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.