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State Aidnotification process

Flowchart

SEPTEMBER 2010


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Does the projectcontain State aid?

Does it fit under anexisting approved

scheme?

PREPARE TOFORMALLY NOTIFYTHE COMMISSION

No

Yes

YesCan it be coveredusing the generalblock exemption?

No

Could it be grantedas a de minimis

aid?

No

Yes

Yes

No

NO NEED TO USEFORMAL PRIORNOTIFICATIONPROCEDURE

Prepare the general block exemptionsummary form on the SANI system

Follow provisions of thede minimisregulation

Do I need to notify my aid project?

Ensure that the proposed aid compliescompletely with the existing scheme approval


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NOTIFICATION AND APPROVAL PROCEDUREBIS State Aid Branch (SAB) forwardelectronic notification to Commission.

J oint informal development (throughmeetings/conference calls etc) ofnotification with Commission to makenotification ready for formal submission.

Prepare to make pre-notification contact withCommission. Prepare draft using the Pre-notification option in the State Aid NotificationsInteractive System(SANI). Agree draft notification

with BIS State Aid Branch.

Prepare formal or simplified notification using theState Aid Notifications Interactive (SANI).

Agree draft with BIS State Aid Branch, UKRepand other interested public bodies

Agree response with BISSAB, UKRep and other

interested bodies

COMMISSION ISCONTENT WITH

NOTIFICATION APPROVES AID

In cases where there has been no pre-notification contact, Commission lettercontains further questions Member State hasone month / 20 working days to respond

Commission has furtherquestions for response within

1 month/20 working days

BIS SAB forward response tothe Commission via UKRep

Commission responds within 2

months of receipt of notification

In most cases where therehas been pre-notification

contactCommission has no furthercomments approves aid

Commission responds within 2months of receipt of response

Commission response raises no furtherwritten questions

COMMISSIONCANNOT APPROVE

AID PRODUCESNEGATIVEDECISION

COMMISSIONAPPROVES AID BUT

WITH AMENDMENTS /ADDITIONALCONDITIONS

COMMISSIONREQUIRES MORE

DETAILEDSCRUTINY OPENS

ARTICLE 108(2)INVESTIGATION

PROCEDURE

POSSIBLE OUTCOMES

BIS State Aid Branch (SAB) forwardelectronic notification to Commission viaUKRep


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ARTICLE 108(2) INVESTIGATION PROCEDURE

Commission decides to open procedure. Sends draft letter outlining aid andCommission concerns for publication in Official J ournal to Member State asking

for response and comments within 20 working days

Commission writes with 20working days for response or

suggests a meeting

Prepare response in consultation with BIS SAB and UKRep. Response shouldhighlight any inaccuracies in the Commission letter and restate the UK position onthe aid with any additional supporting evidence. BIS SAB forwards response to

Commission via UKRep

COMMISSION IS

CONTENT WITHNOTIFICATION APPROVES AID

Response forwarded to the Commission byBIS SAB via UKRep or attend meeting with

Commission

Commission responds within 2months of receipt of response or

from the date of the meeting

Letter published in Official J ournal withone month for third party responses.

COMMISSIONCANNOT APPROVEAID PRODUCES

NEGATIVEDECISION

Allow up to one month forpublication in Official J ournal

In parallel begin lobbying of UK and EUcontacts to write supporting the aid inresponse to Commission request for

third party comments

After close of consultation Commissionforwards third party comments to

Member State with 15 days tocomment. BIS SAB returns via UKREP

Commission makes decision on basis of third party

and other evidence. If favourable may approvestraight away. Otherwise will discuss further with

Member State through correspondence or meetings

POSSIBLE OUTCOMES

COMMISSIONAPPROVES AID BUT

WITH AMENDMENTS /

ADDITIONALCONDITIONS


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Department for Business, Innovation and Skills. www.bis.gov.ukFirst published September 2010. Crown Copyright. URN 10/1154

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