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This is a draft item of legislation and has not yet been made as a UK Statutory Instrument.
77. In Article 1—
(a)after paragraph 1, insert—
“1A. In this Regulation, a reference to Article 106(2) of the Treaty is to be read in accordance with regulation 3(3)(b) of the state aid regulations.
1B. In this Regulation, a reference to Article 107(1) or 108(3) of the Treaty is a reference to that Article as it has effect in domestic law by virtue of section 4 of the European Union (Withdrawal) Act 2018 and regulation 3(1) and (2) of the state aid regulations.”;
(b)in paragraph 2—
(i)in point (a), for “Council Regulation (EC) No 104/2000”, substitute “Regulation (EU) No 1379/2013 of the European Parliament and of the Council”;
(ii)in point (d), omit “or Member States”;
(iii)in point (f), after “2010/787/EU”, insert “, as it had effect immediately before exit day”;
(iv)in the final subparagraph, for “Member States”, substitute “aid grantors”;
(c)after paragraph 3(c), insert—
“(d)‘state aid regulations’ means the State Aid (EU Exit) Regulations 2019;
(e)‘CMA’ means the Competition and Markets Authority.”.
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