The State Aid (EU Exit) Regulations 2019

High value awards of individual aid

2.—(1) An aid grantor must send the information in sub-paragraph (2) to the CMA if the aid grantor grants—

(a) individual aid under the GBER that exceeds 500,000 Euros;

(b) individual aid under the FBER that exceeds 30,000 Euros; or

(c) individual aid under the ABER that exceeds—

(i) 60,000 Euros, for beneficiaries active in the primary agricultural production; or

(ii) 500,000 Euros, for beneficiaries active in the sectors of the processing of agricultural products, the marketing of agricultural products, the forestry sector or activities falling outside the scope of Article 42 of the TFEU (as it had effect immediately before exit day).

(2) The information referred to in sub-paragraph (1) is—

(a) name of the beneficiary;

(b) beneficiary’s identifier;

(c) type of enterprise (SME or large) at the date of granting;

(d) region in which the beneficiary is located, at NUTS level II;

(e) sector of activity at NACE group level;

(f) aid element, expressed as full amount in sterling;

(g) aid instrument (grant or interest rate subsidy, loan or repayable advances, reimbursable grant, guarantee, tax advantage, tax exemption or other aid instrument);

(h) date of granting;

(i) objective of the aid;

(j) granting authority;

(k) reference or identification number of the aid (if applicable); and

(l) for aid schemes under Article 16 or 21 of the GBER, the name of the entrusted entity and the names of the selected financial intermediaries.

(3) In relation to the GBER and the ABER, for aid schemes in the form of tax advantages and aid schemes covered by Article 16 or 21 of the GBER, the condition in sub-paragraph (2)(f) is satisfied if the aid grantor sends the required information on individual aid amounts in the following ranges (in millions of Euros)—

(a) 0.06-0.5 for primary agricultural production under ABER only;

(b) 0.5-1;

(c) 1-2;

(d) 2-5;

(e) 5-10;

(f) 10-30; and

(g) 30 and more.

(4) In relation to the FBER, for aid schemes in the form of tax advantages, the condition in sub-paragraph (2)(f) is satisfied if the aid grantor sends the required information on individual aid amounts in the following ranges (in millions of Euros)—

(a) 0.03-0.2;

(b) 0.2-0.4;

(c) 0.4-0.6;

(d) 0.6-0.8; and

(e) 0.8-1.

(5) The aid grantor must send the information required by this paragraph—

(a) in the specified form; and

(b) within a period of—

(i) 6 months starting with the date the aid was granted; or

(ii) in the case of aid given in the form of a tax advantage, 1 year from the date the tax declaration is due.

(6) In this paragraph—

“NACE” has the meaning given in Article 2A of the GBER(1);

“NUTS” has the meaning given in Article 2A of the GBER; and

“specified” means specified by the CMA in a notice published under regulation 55.

(1)

Article 2A of the GBER is inserted by paragraph 4 of Schedule 9 to these Regulations.