Regolamenti dwar is-Sorveljanza fuq l-Għajnuna Mogħtija mill-Istat

SORVELJANZA FUQ L-G}AJNUNA

MOG}TIJA MILL-ISTAT

LE{ISLAZZJONI SUSSIDJARJA 325.07

REGOLAMENTI DWAR IS-SORVELJANZA

FUQ L-G}AJNUNA MOG}TIJA MILL-ISTAT

1 ta’ Mejju, 2004

L-AVVI| LEGALI 210 ta’ l-2004.

The title of these regulations is the State Aid Monitoring

Regulations.

Regulation 5(3)

Notification of Aid

Summary Information on Aid

Information requested

Explanatory remarks

Name of Beneficiary of Aid.

The name of the recipient or undertaking

receiving the aid.

Title of aid or aid scheme.

The name of the aid or aid scheme - a

p re c i s e i n d i c a t i o n o f t h e r u l e s a n d

c on d it io n s o f ap p li c a ti on s ho ul d b e

given.

Legal basis.

The precise legal reference for the aid.

Annual aid planned to be granted to the Amounts in local currency - the annual

undertaking. In the case of existing aid, overall amount for all aid instruments.

the annual aid granted.

Maximum aid intensity.

The maximum aid amount to be granted.

Date of implementation.

The date from which the aid will be/has

been granted.

Duration and termination of the aid or aid The duration and the date (year and

scheme.

month) until when the aid will be

granted.

Objective of aid.

The objectives for which the aid will be/

has been granted.

In these regulations, unless the context otherwise requires

"Act" means the Business Promotion Act;

"aid", "aid scheme", "existing aid", "individual aid", "new aid"

and "unlawful aid" shall have the same meaning assigned to them

by Article 1 of the Council Regulation;

"Board" means the State Aid Monitoring Board established under

article 57 of the Act;

"the Commission" means the Commission of the European Union

as established in the EC Treaty as subsequently amended;

"the Council" means the Council of the European Union as

established in the EC Treaty as subsequently amended;

"Council Regulation" means Council Regulation (EC) No 659/

19 9 9 o f 2 2 M a r c h 1 9 9 9 l a y i n g dow n d e t a i l e d r u l e s f o r t h e

application of Article 93 of the EC Treaty, and any subsequent

amendments thereto;

"European Union" shall have the same meaning assigned to it by

article 2 of the European Union Act;

"non-notified aid" means any aid granted without being notified

in accordance with regulation 5;

"notified aid" means any aid notified in accordance with

regulation 5;

"provider of aid" includes the Government, its Ministries and

departments, entities falling under such Ministries and

departments, as well as local councils that, directly or indirectly,

grant or plan to grant aid, as well as any other bodies authorized by

the State to grant aid.

(1) Any aid granted by the State or through State

resources, in any form whatsoever, which distorts or threatens to

distort competition by favouring certain undertakings or the

production of certain goods shall, in so far as it affects trade

between Member States, be incompatible with the common market.

(2) The following shall be compatible with the common

market

(a) aid having a social character, granted to individual

consumers, provided that such aid is granted without

discrimination related to the origin of the products

concerned;

(b) aid to make good the damage caused by natural

disasters or exceptional occurrences.

(3) The following may be considered to be compatible with the

common market

(a) aid to promote the economic development of areas

where the standard of living is abnormally low or

where there is serious underemployment;

(b) aid to promote the execution of an important project of

common European interest or to remedy a serious

disturbance in the economy of the State;

(c) aid to facilitate the development of certain economic

activities or of certain economic areas, where such aid

does not adversely affect trading conditions to an

extent contrary to the common interest;

(d) aid to promote culture and heritage conservation where

such aid does not affect trading conditions and

competition in the Community to an extent that is

contrary to the common interest;

(e) such other categories of aid as may be specified by

decision of the Council acting by a qualified majority

on a proposal from the Commission

Provided that such aid that is compatible with the principles

and practices referred to in article 58 (l)(b) of the Act may also be

granted.

(1) In exercise of its powers and functions under the Act,

the Board shall have the right of access to all relevant information,

and may seek the clarifications and explanations that it may deem

necessary for its deliberations and conclusions.

(2) Where the Board considers that the information received

from the provider of aid is not sufficient, it shall request all

necessary additional information.

(3) The Board may invite any interested party to make

submissions regarding an aid under examination.

(1) The provider of new aid shall notify the Board with all

proposals for any such aid.

(2) The provider of new aid shall furnish the Board with all the

necessary information required by the said Board to issue its

opinion.

(3) The notification shall be made on a return in the form in

accordance with the Schedule.

(1) The Board shall examine the proposed aid and shall,

within forty working days from receipt of all information requested

by it, issue to the provider of aid and to any pertinent party, a

preliminary opinion regarding the notified aid. The provider of aid

as well as any party, may, within ten working days of receipt of the

preliminary opinion, make further submissions.

(2)

(a) Where the Board, after the receipt of further

submissions or after the lapse of time of such

submissions, is of the opinion that the notified aid is

compatible with these regulations, it shall issue its

final opinion.

(b) The Board shall also notify the Commission of the

proposed aid and provide all the necessary information

on such aid in order to enable it to take a decision.

(3)

(a) Where the Board, after such receipt or such lapse of

time for further submissions, is of the opinion that the

notified aid may not be compatible with these

regulations, it shall request the provider of the

proposed aid to make all the necessary additional

detailed submissions concerning the said aid.

(b) The Board shall, on receiving all the necessary

inform ati on, issue it s fi nal o pin io n wit hi n forty

working days from receipt of last submissions and

communicate its conclusions in writing to the provider

of the proposed aid

Provided that, where the provider of such aid, within one

month, expressly so requests, the Board shall also notify the

Commission of the proposed aid.

Where the Board becomes aware of non-notified aid, it

shall start examining such aid without delay.

The Board may, after giving the provider of non-notified

aid the opportunity to make its submissions, require the said

provider to suspend such aid until the Board issues its opinion.

Unlawful aid shall be recovered by the provider of aid in

line with article 14 of the Council Regulation.

Where the provider of aid fails to comply with the opinion

of the Board, or with any provision of these regulations, the Board

shall refer the matter to the Minister responsible for the provider of

such aid.

The provider of aid shall, not later than the first three

months of each calendar year, supply the Board, on a prescribed

form, with details of any aid granted during the immediately

preceding year.

STATE AID MONITORING