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The State Aid (EU Exit) Regulations 2019

Draft Legislation:

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PART 5Monitoring and reporting

Monitoring

46.—(1) The CMA may monitor compliance by aid grantors with these Regulations and any CMA decision taken under these Regulations.

(2) The monitoring powers conferred on the CMA under this Part are without prejudice to any other powers of the CMA.

Information requests for monitoring

47.—(1) If the CMA reasonably requires information for the purpose of monitoring compliance under this Part, the CMA may request an aid grantor to send the information within a set period.

(2) 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.

Annual reports for existing aid schemes

48.—(1) An aid grantor must send an annual report to the CMA in relation to existing aid schemes of the aid grantor for each calendar year by the specified date.

(2) The annual report must—

(a)be in the specified form;

(b)contain the specified content; and

(c)cover all existing aid schemes of the aid grantor, unless the aid scheme has specific reporting obligations attached to the approval of the scheme.

(3) An annual report may contain estimated figures.

(4) However, if an aid grantor includes estimated figures in an annual report, the aid grantor must send the actual figures with the report in the following year.

(5) If an aid grantor fails to send a report by the specified date, fails to send a report in accordance with paragraph (2) or fails to provide actual figures in accordance with paragraph (4), the CMA may take this into account when deciding whether to review an existing aid scheme under Chapter 4 of Part 3.

(6) For the year 2019, an annual report is required to cover only the period on and after exit day.

(7) In this regulation, “specified” means specified by the CMA in a notice published under regulation 55.

Publication of CMA annual report

49.  The CMA must publish an annual report for each year summarising the content of annual reports received under regulation 48 in respect of that year.

Monitoring and reporting of aid that is exempt from notification

50.  Schedule 6, which relates to monitoring and reporting of aid that is exempt from notification, has effect.

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