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Notification procedures

Notification procedures. Firstly is it State Aid State Resource Selective Economic Undertaking Distort Competition Affect Intra-Community Trade. General Block Exemption Regulations What is the Activity Does it fit in any of the Categories Can it be covered by any other eligible process.

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Notification procedures

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  1. Notification procedures

  2. Firstly is it State Aid State Resource Selective Economic Undertaking Distort Competition Affect Intra-Community Trade

  3. General Block Exemption Regulations • What is the Activity • Does it fit in any of the Categories • Can it be covered by any other eligible process

  4. What you need to do • Prepare your evidence • Justification of the facts • Open Transparent and think like the competition • CBA, Market failure and Incentive effect

  5. Before Commission decides If not, Commission indicates procedure for non-notified aid MS must notify all new aid that falls within Art 107 (1) Standstill Complete notification Incomplete notification Request for additional information Ms provide information or consider notification complete No reply to request for additional information Notification assumed to be withdrawn Commission initiates procedure for notified aid

  6. Procedural Rules Regulation (EC) No. 734/2013 Notified aid - notify in advance. Two phase investigation – 1. preliminary - (2 months). Possible outcomes – no aid, no objection (compatible aid) or open investigation if doubts on compatibility. 2. formal investigation (up to 18 months) Publicise investigation, interested parties invited to comment. Possible outcomes - no aid, positive decision, conditional decision, negative decision.

  7. Procedural Regulation (EC) No. 734/2013 Unlawful aid (Art. 10) – Commission alerted from ‘whatever source’ Not bound by time limits (Art.13) Use of injunctions; Information injunction (Art.10(3)) Suspension injunction (Art. 11(1)) Recovery injunction (Art. 11(3)) Negative decision leads to recovery Misuse of aid – aid not used for purpose it was approved. Existing aid – scheme no longer compatible

  8. Implementing Regulation (EC) No. 94/2004 Empowers Commission to adopt implementing provisions on notification, annual reports, time limits, interest rates for recovery. Code of Best Practice (2009/C 136/04) To aid speedier, transparent and predictable aid procedures at each step of notification. Recover unlawful and incompatible State aid (2007/C 272/05) principles underlying implementation fo recovery decisions. Enforcement of State aid law by National Courts (2009/C 85/01) foster co-operation and exchange of information

  9. Best Practices • Early intervention with State Aid Team • Informal discussion with UK / Comm officials • Be Clear about your aims

  10. Any Questions

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