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  • Introduction to Subsidy Control

    Topics:
    • Economic policy, 
    • Statistics and economic research, 
    • European Fund Management, 
    • State Aid and Subsidy Control

    Subsidy Control Regimes set rules, procedures and processes that allow Public Authorities to award subsidies to achieve public policy objectives, whilst also limiting the negative effects of subsidies on domestic and international competition and investment.

    Public expenditure usually falls within the scope of a Subsidy Control Regime when it is provided directly or indirectly to certain Enterprises or entities that engage in economic activities, provides these with an economic advantage and has or could have an effect on trade and competition internationally or within the UK.

    Until the UK left the European Union, the EU's State aid Rules controlled how UK and discretionary EU funding was provided to Enterprises and entities that engage in economic activities. Now the UK has left the EU, it is no longer bound by the State aid Rules (except when Article 10 of the Windsor Framework applies) and has developed its own domestic Subsidy Control Regime.

    Article 10 of the Windsor Framework

    The EU and the UK formally adopted the Windsor Framework on 24 March 2023.

    The Windsor Framework, replaces the Northern Ireland Protocol, providing a new legal and UK constitutional framework.

    Article 10 provides that the State aid Rules will continue to apply to the UK in respect of measures which affect trade in goods between NI and the EU (including the production of and trade in agricultural products) and the production of wholesale electricity in NI (i.e. measures impacting on the Single Electricity Market).

    The European Commission and the United Kingdom have published their respective guidance on the circumstances in which Article 10 of the Windsor Framework will apply.

    • UK Guidance on Article 10 of the Windsor Framework
    • EC Guidance on Article 10 of the Windsor Framework

    Further Information

    • UK Subsidy Control / State aid Decision Tree
    • Four Limb Test - Is it a Subsidy?
    • List of NI Subsidy Control / State aid Reference Numbers
    • State aid - Rules, Regulations and Guidance
    • What do I do if its State aid?

    The UK Subsidy Control Regime

    The UK Subsidy Control Act 2022 provides the framework for the provision of subsidies and builds on the provisions in the Subsidy Control chapters of the Trade and Co-operation Agreement, which applied in the interim after the UK’s Exit from the EU.

    Guidance

    Guidance and information on the UK Subsidy Control Regime

    Please note that the UK Subsidy Control Regime does not replace the State aid Rules in respect of measures which affect trade in goods between Northern Ireland and the European Union which will still have to follow the State aid Rules.

    Role of the DfE Subsidy Control Advice Unit

    DfE Subsidy Control Advice Unit (SCAU) provides Advice, Awareness and Assistance to Northern Ireland Departments and their Arm’s Length Bodies (ALBs) on both the State aid Rules and the UK Subsidy Control Regime and how measures can be designed so that they comply with the relevant regime. This includes:

    • Providing Awareness raising sessions to Northern Ireland Departments and their Arms Length Bodies (ALB)
    • Providing Advice, at an early stage, on whether a subsidy might be present in a policy or funding/assistance proposal
    • Providing Advice on whether or not proposals are within the scope of Article 10 of the Windsor Framework
    • Working with Northern Ireland Departments and their ALBs to make sure that any Assistance they provide is in compliance with the State aid Rules or the UK Subsidy Control Regime

    Training and Awareness Raising

    SCAU provides Training and Awareness-raising activities for people in Northern Ireland Departments and their ALBs, helping them to identify when subsidies might be present in their projects/plans and how to deal with it.

    Training provided on the UK Subsidy Control Act 2022, EU State aid and Article 10 of the Windsor Framework Training

    If you think your organisation would benefit from a Training / Awareness Raising Session please contact Subsidy Control Advice Unit (SCAU).

    Related content

    • de minimis aid
    • Four Key Questions - Is it State aid?
    • General Block Exemption Regulation
    • Horizontal and Sectoral State aid Rules
    • Innovation and Enterprise
    • List of NI State aid and Subsidy Control Reference Numbers
    • Services of General Economic Interest
    • State aid and Subsidy Control after EU Exit
    • UK Subsidy Control / State aid Decision Tree
    • What do I do if it is State aid?
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