PART 3Exemptions

CHAPTER 4Other miscellaneous exemptions

I1I250Large cross-border or international cooperation projects

1

Section 12(1) does not apply to a subsidy if—

a

it is given in the context of a large cross-border or international cooperation project, and

b

the public authority giving the subsidy is satisfied that the project meets the condition in subsection (3).

2

Section 12(3) does not apply to a subsidy scheme if—

a

the subsidies provided for by the scheme are to be given in the context of a large cross-border or international cooperation project, and

b

the public authority making the scheme is satisfied that the project meets the condition in subsection (3).

3

A project meets the condition in this subsection if—

a

the benefits of the project are not limited to the enterprise or to the sector or the States participating, and

b

the project has wider benefits and relevance through spillover effects that do not exclusively accrue to—

i

the United Kingdom,

ii

the relevant sector, and

iii

the beneficiary of the subsidy or subsidies concerned.

4

The projects that may be regarded as large cross-border or international cooperation projects include—

a

those for transport, energy, the environment or research and development, and

b

first development projects to incentivise the emergence and deployment of new technologies (excluding manufacturing technologies).