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The State Aid (EU Exit) Regulations 2019

Draft Legislation:

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CHAPTER 2Final provisions

Revocations etc.

65.—(1) The following are revoked—

(a)Annex 15 of the EEA agreement, insofar as it forms parts of domestic law on and after exit day by virtue of section 3(1) of the European Union (Withdrawal) Act 2018;

(b)Commission Regulation (EC) No 794/2004 of 21 April 2004 implementing Council Regulation (EC) No 659/1999 laying down detailed rules for the application of Article 93 of the EC Treaty;

(c)Council Decision (2010/787/EU) of 10 December 2010 on State aid to facilitate the closure of uncompetitive coal mines;

(d)Council Regulation (EU) 2015/1588 of 13 July 2015 on the application of Articles 107 and 108 of the Treaty on the Functioning of the European Union to certain categories of horizontal State aid; and

(e)Council Regulation (EU) 2015/1589 of 13 July 2015 laying down detailed rules for the application of Article 108 of the Treaty on the Functioning of the European Union.

(2) Any rights, powers, liabilities, obligations, restrictions, remedies and procedures which—

(a)continue by virtue of section 4(1) of the European Union (Withdrawal) Act 2018; and

(b)are derived from—

(i)Article 346(1) of the TFEU, so far as Article 346(1) relates to Article 107(1) or 108(3) of the TFEU;

(ii)Article 61(1) or 62(1) of the EEA agreement; or

(iii)Article 123 of the EEA agreement, so far as Article 123 relates to Article 61(1) or 62(1) of the EEA agreement,

cease to be recognised and available in domestic law (and to be enforced, allowed and followed accordingly) on and after exit day.

Crown application

66.  Nothing in these Regulations affects Her Majesty in Her private capacity (within the meaning of the Crown Proceedings Act 1947).

Transitional and savings provisions

67.  Schedule 8, which contains transitional and savings provisions, has effect.

Amendments to legislation

68.—(1) Schedule 9, which makes amendments to retained EU law, has effect.

(2) Schedule 10, which makes amendments to legislation, has effect.

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