Under the right of access to documents in the EU treaties, as developed in Regulation 1049/2001, I am submitting an information request.
1. I would like to understand whether the state aid rules, which are designed to ensure the effective functioning of the European Union's common market by regulating subsidies from the state which can be made available to businesses, would continue to apply to the UK if its citizens vote to leave the European Union in the national referendum on 23rd June 2016.
With this objective in mind, please provide any information held by DG Competition or other DGs in the European Commission, including the legal service, which explain whether the UK would be bound by the state aid rules:
1.1 immediately after the EU membership referendum but prior to the the UK giving notice under Article 50(2) of the TEU;
1.2 for the period between the UK giving notice under Article 50(2) of the TEU and the date by which, following negotiation, the application of the treaties ceases in respect of the UK under Article 50(3);
1.3 for the period after the UK has left the EU but prior to any trade deal(s) being agreed to allow the UK's businesses to access the European Union's common market; and
1.4 for the period once the UK has agreed trade deal(s) allowing the UK's businesses to access the European Union's common market.
2. Please provide any documents which clarify whether Council Regulation (EU) 2015/1589 (state aid procedural regulation) would cease to apply to existing UK awards of state aid once the application of the EU treaties to the UK ends under Article 50(3) of the TEU?
3. Since my previous request on the subject (11 June 2014) has DG Competition identified or been informed by Member State administrations of any award(s) of state aid which have been found to be unlawful because they have breached the terms of the GBER (Regulation 800/2008 or Regulation 651/2014)? If so, please provide basic details of the value (to the nearest €100,000), the GBER article breached and, if possible, the Member State which awarded the aid.
Thank you in advance
For the purposes of this FOI request my postal address is 4b Kilvert's Steps, Bear Street, Hay-on-Wye, Hereford HR3 5AG. For environmental reasons I do not require a paper copy of the response to be sent.
Email sent on 05/04/2016
Acknowledgement of receipt
Subject : GESTDEM 2016/1671 - Freedom of Information request - In the
event of Brexit, can the UK forget about state aid rules compliance?
Thank you for your e-mail dated 05/04/2016. We hereby acknowledge receipt
of your application for access to documents, which was registered on
05/04/2016 under reference number Gestdem 2016/1671.
In accordance with Regulation (EC) No 1049/2001 regarding public access to
European Parliament, Council and Commission documents, your application
will be handled within 15 working days. The time limit will expire on
26/04/2016. In case this time limit needs to be extended, you will be
informed in due course.
Subject: Your application for access to documents – Ref GestDem No
We refer to your e-mail dated 05/04/2015 in which you make a request for
access to documents, registered on the same date under the above mentioned
Please find attached a scan of the reply to your request for access to
The paper version of the reply signed by the Director General will be sent
to you shortly by registered mail.
State Aid Registry
MADOU Office 12/59
Tel: +32 2 29 61154