PART 3Exemptions

CHAPTER 4Other miscellaneous exemptions

50Large 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).