5.—(1) Regulation 10 is amended as follows.
(2) In paragraph (2)(p) for “in difficulty (see regulation 8(10))” substitute—
“insolvent or likely to become insolvent within the period of the EII certificate.”.
(3) For paragraph (7) substitute—
“(7) The Secretary of State may decide not to issue an EII certificate in respect of an EII application where, in the opinion of the Secretary of State—
(a)the information or evidence contained in that application pursuant to paragraph (2) or provided pursuant to a request under paragraph (4A) is not sufficient or not satisfactory; or
(b)the issuing of the EII certificate would be incompatible with international law obligations in respect of subsidy control.”.