11:00
Welcome from Lexxion Publisher, Introduction Round among the Participants
Session 1: Overview of the New Rules
11:30
Sources of Law
- EU/UK Trade and Cooperation Agreement (TCA), Title XI, Chapter 3: Subsidy control
- TCA, ANNEX ENER-2: Energy and Environment Subsidies
- Is the new legislation, as a result of the Consulation process, already there? How to apply it?
- Joint Declaration of the European Union and the United Kingdom on Monetary Policies and Subsidy Control
- Northern Ireland Protocol
- WTO rules and other Trade Agreements
Alexander Rose
,
Legal Director, DWF Law LLP, United Kingdom
11:45
Responsibilities which Apply to Public Bodies
Alexander Rose
,
Legal Director, DWF Law LLP, United Kingdom
12:00
Session 2: Concept and Principles of Subsidy Control
12:10
The four Cumulative Criteria under the TCA
- The meaning of use of resources of the Parties
- How to determine economic advantage
- What does specificity mean in this context?
- The meaning of potential or actual effect on trade or investment between the parties
Alexander Rose
,
Legal Director, DWF Law LLP, United Kingdom
12:25
Working Group Exercises in Breakout Rooms: How to Assess if a Subsidy is Present in your Scheme/Project
- Speakers will present cases/schemes. Participants have to discuss and decide, if one or another criterium is present in the scheme/project
Alexander Rose
,
Legal Director, DWF Law LLP, United Kingdom
12:40
Prohibited Subsidies and Subsidies Subject to Conditions
- Unlimited state guarantees
- Rescue and restructuring
- Banks, credit institutions and insurance companies
- Export subsidies
- Subsidies contingent upon the use of domestic content
- Large cross border or international cooperation projects
- Energy and environment
- Subsidies to air carriers for the operation of routes
George Peretz QC
,
Monckton Chambers, UK
13:00
Enforcement and Risk Management
- Courts and tribunals
- Recovery
George Peretz QC
,
Monckton Chambers, UK
13:15
13:45
The Market Economy Investor Principle (MEIP)
- Purpose of MEIP
- Use of “public” resources for investment purposes
- The aims and time horizon of private investor
- MEIT –how to apply it (practical approach)
Nicole Robins
,
Partner, Oxera, Brussels
14:00
Applying the Common Principles in Practice
- Discussion of the six common principles
- How to apply them?
- What are the difficulties in interpreting these principles?
- How to build evidence and justify your decision in front of the court?
- Exercises working through key points – practical exercises in small groups in breakout rooms
15:15
Subsidy Control Exemptions: Small Amounts of Financial Assistance Rule
- Legal basis
- Thresholds and cumulation
- Exercises
Alexander Rose
,
Legal Director, DWF Law LLP, United Kingdom
15:30
15:40
Specific Rules for Services of Public Economic Interest (SPEIs)
- Which sectors are covered?
Alexander Rose
,
Legal Director, DWF Law LLP, United Kingdom
16:10
Transparency
- Obligations of the Parties
- Which information is obligatory
Alexander Rose
,
Legal Director, DWF Law LLP, United Kingdom
16:20
Session 3: Improvement of the Subsidy Control System: Do we have the New Legislation, as a Result of the Consultation? How to Apply it?
The consultation ended on 31st of March 2021. As a result, do we have the new legislation by now? What are the challegenes in terms of applying the new legislation? During this practical session, together with the experts, we will have a dialogue and discuss the related changes and challenges. Do not miss the chance and join us for this online roundtable-format exchange!
Alexander Rose
,
Legal Director, DWF Law LLP, United Kingdom
Jonathan Branton
,
Partner, Head of Public Sector and EU Competition, DWF Law LLP, United Kingdom
George Peretz QC
,
Monckton Chambers, UK
Nicole Robins
,
Partner, Oxera, Brussels
17:00