5.—(1) The Electronic Communications (Networks and Services) (Penalties) (Rules for Calculation of Turnover) Order 2003(1) is amended as follows.
(2) In the Schedule, in paragraph 4—
(a)the existing text is renumbered as sub-paragraph (1);
(b)in sub-paragraph (1), omit “(within the meaning of Article 87 of the EC Treaty)”;
(c)at the end, insert—
“(2) In this paragraph “aid” means a measure which—
(a)fulfils the conditions set out in Article 1.1 of the Agreement on Subsidies and Countervailing Measures contained in Annex 1A to the WTO Agreement, and
(b)is specific within the meaning of Article 2 of that Agreement, irrespective of whether the recipient deals in goods or services.”.