The State Aid (Revocations and Amendments) (EU Exit) Regulations 2020

PART 2 Amendments to Transparency Regulations

Amendments to the Financial Transparency (EC Directive) Regulations 2009

11.—(1) The Financial Transparency (EC Directive) Regulations 2009(1) are amended as follows.

(2) In regulation 2(1)—

(a) in the definition of “compensation”, for “Article 87”, substitute “Article 107(1)”;

(b) in the definition of “entrusted”, for “Article 86(2)”, substitute “Article 106(2)”;

(c) in the definition of “Financial Transparency Directive”, after “certain undertakings”, insert “(as that Directive applies to the United Kingdom under Article 10 of the Northern Ireland Protocol)”;

(d) after the definition of “Financial Transparency Directive”; insert —

““Northern Ireland Protocol” means the Protocol on Ireland/Northern Ireland in the EU withdrawal agreement;”;

(e) in the definition of “public undertaking operating in the manufacturing sector”, after “Community”, insert “(as that Regulation had effect in EU law immediately before IP completion day)”;

(f) in the definition of “services of general economic interest”, for “Article 86(2)”, substitute “Article 106(2)”;

(g) in the definition of “Treaty”, for “establishing the European Community”, substitute “on the Functioning of the European Union”.

(3) In regulation 2(2), for “Article 296”, substitute “Article 346(1)”.

(4) After regulation 2(2), insert—

“(3) In these Regulations a reference to Article 106(2), Article 107(1) or Article 346(1) of the Treaty is a reference to that Article as it applies to the United Kingdom under Article 10 of the Northern Ireland Protocol.”.

(5) For regulation 3(5)(b), substitute—

“(b) in relation to any public funds which—

(i) were received by a public undertaking prior to IP completion day in relation to services supplied by a public undertaking which were not liable to affect trade between Member States (within the meaning of the Treaty as it applied to the United Kingdom prior to IP completion day) to an appreciable extent; or

(ii) are received by a public undertaking on or after IP completion day in relation to activities carried out by a public undertaking which are not liable to affect that trade between Northern Ireland and the European Union which is subject to the Northern Ireland Protocol (within the meaning of Article 10 of the Northern Ireland Protocol) to an appreciable extent.”.

(6) In regulation 6(3)—

(a) in sub-paragraph (a), for “the European Union”, substitute “retained EU law”;

(b) for sub-paragraph (b), substitute—

“(b) in relation to —

(i) services which were supplied by an undertaking prior to IP completion day and which were not liable to affect trade between Member States (within the meaning of the Treaty as it applied to the United Kingdom prior to IP completion day) to an appreciable extent; or

(ii) activities carried out by an undertaking on or after IP completion day and which are not liable to affect that trade between Northern Ireland and the European Union which is subject to the Northern Ireland Protocol (within the meaning of Article 10 of the Northern Ireland Protocol) to an appreciable extent.”;

(c) in sub-paragraph (e), for “Article 86(2)”, substitute “Article 106(2)”.

(1)

S.I. 2009/2331, amended by S.I. 2011/1043 and S.I. 2011/1275.