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SCHEDULE 6Monitoring and reporting of aid that is exempt from notification

PART 2De minimis regulations, SGEI decision and road and rail

Monitoring of de minimis aid

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.

Transparency of aid under the SGEI decision

7.—(1) This paragraph applies if—

(a)an aid grantor grants aid that is exempt from the notification requirement in Article 108(3) of the TFEU by virtue of the SGEI decision;

(b)the compensation is above 15 million Euros; and

(c)the compensation is granted to an undertaking that also has activities outside the scope of the service of general economic interest.

(2) The aid grantor concerned must publish—

(a)the entrustment act or a summary which includes the elements listed in Article 4 of the SGEI decision; and

(b)the amounts of aid granted to the undertaking on a yearly basis.

Information under the SGEI decision

8.—(1) If an aid grantor grants aid that is exempt from the notification requirement in Article 108(3) of the TFEU by virtue of the SGEI decision, the aid grantor must keep available all the information necessary to determine whether the compensation granted is compatible with the SGEI decision.

(2) An aid grantor must keep the information during the period of entrustment and for at least 10 years from the end of the period of entrustment.

(3) The CMA may request an aid grantor to send, within a set period, any information that the CMA considers necessary to monitor compliance with the conditions of the SGEI decision.

(4) If the CMA makes a request under sub-paragraph (3), the aid grantor must send the requested information to the CMA within the set period.

(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.

Reports under the SGEI decision

9.—(1) If an aid grantor grants aid that is exempt from the notification requirement in Article 108(3) of the TFEU by virtue of the SGEI decision, the aid grantor must send a report to the CMA every 2 years on any aid granted under the SGEI decision.

(2) The report must provide a detailed overview of the application of the decision for the different categories of services referred to in Article 2(1) of the decision, including—

(a)a description of the application of the decision to the services falling within its scope, including in-house activities;

(b)the total amount of aid granted in accordance with the decision, with a breakdown by the economic sector of the beneficiaries;

(c)an indication of whether, for a particular type of service, the application of the decision has given rise to difficulties or complaints by third parties; and

(d)any other information concerning the application of the decision required by the CMA and that has been notified to the aid grantor in due time before the report is to be sent.

(3) The first report must be sent within 2 years of the aid grantor granting aid on or after exit day that is exempt from the notification requirement by virtue of the SGEI decision and further reports must be sent at intervals of no more than 2 years.

Road and rail regulation

10.—(1) The CMA may request an aid grantor to send any information that the CMA considers necessary to monitor whether aid has been granted in accordance with the road and rail regulation.

(2) If the CMA makes a request under sub-paragraph (1), the aid grantor must send the requested information to the CMA within a period of three months or any longer period as may be specified in the request.

(3) 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.