Commission Regulation (EC) No 875/2007Show full title

Article 4 U.K. Monitoring

1. Where a Member State grants de minimis aid to an undertaking, it shall inform the undertaking in writing about the amount of the aid expressed in gross equivalent and about the de minimis character, making express reference to this Regulation and citing its title and publication reference in the Official Journal of the European Union. Where the de minimis aid is granted to different undertakings on the basis of a scheme and different amounts of individual aid are granted to those undertakings under that scheme, the Member State concerned may choose to fulfil that obligation by informing the undertakings of a fixed sum corresponding to the maximum aid amount to be granted under the scheme. In such case, the fixed sum shall be used for determining whether either of the ceilings laid down in paragraphs 2 and 4 of Article 3 are met. Prior to granting the aid, the Member State shall obtain a declaration from the undertaking concerned, in written or electronic form, about any other de minimis aid received during the previous two fiscal years and the current fiscal year.

2. The Member State shall only grant the new de minimis aid after having checked that this will not raise the total amount of de minimis aid received by the undertaking during the period covering the fiscal year concerned, as well as the previous two fiscal years in that Member State, to a level above either of the ceilings set out in paragraphs 2 and 4 of Article 3.

3. Where a Member State has set up a central register of de minimis aid for fisheries containing complete information on all de minimis aid granted by any authority within that Member State, paragraph 1 shall cease to apply to that Member State from the moment the register covers a period of three fiscal years.

4. Member States shall record and compile all the information regarding the application of this Regulation. Such records shall contain all information necessary to demonstrate that the conditions of this Regulation have been complied with. Records regarding an individual de minimis aid shall be maintained for 10 fiscal years from the date on which the aid was granted. Records regarding a de minimis aid scheme shall be maintained for 10 years from the date on which the last individual aid was granted under such scheme. On a written request, the Member State concerned shall provide the Commission, within a period of 20 working days, or such longer period as may be fixed in the request, with all the information that the Commission considers necessary for assessing whether the conditions of this Regulation have been complied with, and in particular the total amount of de minimis aid received by any undertaking and by the fisheries sector of the Member State concerned.