Public bodies need to have a clear understanding of the rules on subsidy control and, where relevant, the State aid rules and to take those rules into account when planning their projects and activities. The EU’s State aid rules still apply in the United Kingdom in certain circumstances but there is now separate UK legislation on subsidy control too. Public bodies need to ensure that their arrangements are compliant with the subsidy control rules contained in the Trade and Co-operation Agreement between the United Kingdom and the European Union as well as the subsidy control rules in a range of free trade agreements. New primary legislation on subsidy control is expected by 2022.
We have extensive experience of advising on the State aid regime under European law and have been active in helping public bodies understand their obligations under the UK’s new subsidy control rules, and make arrangements to ensure they are compliant.
We understand that it is important for public bodies to be able to assess and monitor their compliance with subsidy control law in showing the lawfulness of any actions and decisions. It is an important element in assessing the viability of projects, and in the effective development and management of projects. We recognise that public bodies may need to have evidence of their compliance with subsidy control law in order to secure funding, to satisfy funding conditions and to convince other persons and organisations to participate in a project.
Our specialist advisers provide a comprehensive service on all requirements associated with subsidy control. We provide advice, general updates and training on subsidy control, as well as advising on subsidy control implications affecting particular projects. We carry out reviews and provide appropriate advice and confirmation to meet the requirements of funders. Our experience extends to advising in various specialist areas of State aid and subsidy control law, including the rules on services of public economic interest, the rules on aid for risk finance and sector specific areas such as ports and other infrastructures.