The Commission's Notice, published on 9 June 2023, outlines the legal implications in the field of State aid of the United Kingdom's withdrawal from the European Union and the end of the transition period on 31 December 2020.
The Notice confirms that EU State aid control no longer applies to state aid granted by the United Kingdom after the transition period, unless it impacts trade between Northern Ireland and the European Union. This means that the European Commission is no longer empowered to investigate or make decisions on potential State aid measures granted by the UK after that date. Stakeholders are consequently unable to file formal complaints with the European Commission regarding such measures. However, the European Commission still has the authority to continue ongoing procedures and initiate new administrative proceedings concerning State aid granted by the UK before the end of the transition period.
In the case of Northern Ireland, the Notice clarifies that the Windsor Framework has been in effect since the end of the transition period. Under Article 10 of the Windsor Framework, EU State aid rules continue to apply to aid that is subject to the Windsor Framework (such as trade in goods and wholesale electricity as outlined in Articles 5 and 9 of the Framework) and that impacts trade between Northern Ireland and the EU.
For more information: see the published Notice.