Technical
guidance on complying with the UK's international obligations on subsidy
control
On 31 December
2020, the Department for Business, Energy and Industrial Strategy (BEIS)
published technical guidance for public authorities on the subsidies chapter of
the UK-EU Trade and Co-operation Agreement; World Trade Organisation (WTO)
rules on subsidies; and subsidy control commitments contained in other
international commitments (Guidance).
The Guidance
sets out the key steps that public authorities should take when awarding
subsidies after 1 January 2021.
The Guidance
also provides advice on the application of Article 10 of the Protocol on
Ireland/Northern Ireland (the NI Protocol), as required by section 48 of the
Internal Market Act 2020.
The Guidance is
not exhaustive and is not intended to cover specific situations.
The government states
that it is considering secondary legislation in early 2021 to give legal
certainty regarding compliance with the UK's commitments in relation to subsidies.
It will also consider, as part of a forthcoming consultation on the UK's
approach in this area, the necessity of further primary legislation.
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