Common use of Ministerial Group Clause in Contracts

Ministerial Group. C7 The arrangements will be overseen by representatives of the United Kingdom Government and the devolved administrations, in a Group whose members will be: • Ministers from the Department of Transport; the Treasury; the Department for Business, Innovation and Skills; and the Foreign and Commonwealth Office; • Ministers representing each of the devolved administrations. C8 Its terms of reference will be: • to facilitate the exchange of information on financial assistance between the United Kingdom Government and the devolved administrations; and • to allow consensus to be reached on the level of assistance to be offered to those large mobile investment projects for which two or more parts of the UK are in competition; C9 There will be an official group to support the Ministerial Group. It will be established under Cabinet Office chairmanship, and will report annually to Ministers on the operation of the concordat. Peer Review C10 Arrangements will be put in place for ex post peer review of selected cases involving financial assistance to industry, to be undertaken on behalf of the official committee, to ensure a continued common understanding and to allow the collection and diffusion of experience and good practice. Independent Evaluation C11 There will be continuing GB or UK-wide periodic independent evaluation of major programmes of financial assistance to industry on the model of previous evaluations of Regional Selective Assistance (RSA). Guidelines C12 The UK Government and the devolved administrations in Scotland and Wales recognise that they have inherited common guidelines on financial assistance to industry. Separate but comparable arrangements apply in Northern Ireland. All parties to this Concordat commit to mutual consultation in adequate detail and to a reasonable timescale where any party proposes to change its policy and practice. Inward Investment C13 The UK Government will continue to be responsible for promotion of the UK as a whole to foreign investors. Promotion of the UK and its constituent parts to foreign investors will be co-ordinated through the adherence of all concerned to guidelines agreed by the International Business Development Forum, on which the devolved administrations will be represented along with UK Trade & Investment and the Regional Development Agencies. C14 Where inward investment functions are carried out by publicly funded bodies, the UK Government or devolved institution sponsoring the body concerned will, as now, ensure that it follows the agreed guidance on the handling of inward investment negotiations. Consultation on those large mobile cases for which two or more parts of the UK are in competition will be co-ordinated by the secretariat to the Ministerial Group, and overseen by the official forum referred to above. The secretariat will have no direct contact with potential investors which will as at present negotiate primarily with the relevant regional or national development agencies. Financial Limits C15 There will be agreed financial limits covering those major schemes of financial assistance to companies administered directly by the UK Government and the devolved administrations. These limits will apply on a common basis to all areas of the UK having equivalent assisted area status; and where they are applied to a particular project, will cover all forms of assistance which are defined as state aid under EU rules (such rules, and the designation of the assisted areas map, are agreed with the European Commission), or which are otherwise agreed by the parties. Relations with the European Union C16 Financial assistance to industry is an area which is subject to EC State Aid rules. In particular, the EU has certain powers under Articles 107and 108 of the Treaty on the Functioning of the European Union. As regards relations with the European Union, Ministers and officials of the devolved administrations will be fully involved in discussions within the UK Government about the formulation of the UK’s policy position on all issues which touch on financial assistance to industry. This will require mutual respect for the confidentiality of those discussions and adherence to the resultant UK line. The devolved administrations will be covered and will abide by EU rules on state aid. C17 The UK Government commits itself to adequate consultation to a reasonable timescale with the devolved administrations on its dealings with the European Commission (and other European Union institutions as appropriate) on state aids policy. By the same token, the devolved administrations undertake to maintain adequate consultation to a reasonable timescale with the UK Government on any measure which may require notification, and to respond within a reasonable timescale to enquiries received from the UK Government on actual or potential State aid measures or on consultation about new policy developments. C18 The designation of assisted areas, including related domestic legislation, is a reserved function and will remain the responsibility of the UK Government. There will, however, be adequate consultation to a reasonable timescale by the UK Government with the devolved administrations on the methodology and detail of any proposed revisions to the assisted areas map prior to putting proposals to the European Commission.

Ministerial Group. C7 The arrangements will be overseen by representatives of the United Kingdom Government and the devolved administrations, in a Group whose members will be: • Ministers from the Department of Transport; the Treasury; the Department for Business, Innovation and Skills; and the Foreign and Commonwealth Office; • Ministers representing each of the devolved administrations. C8 Its terms of reference will be: • to facilitate the exchange of information on financial assistance between the United Kingdom Government and the devolved administrations; and • to allow consensus to be reached on the level of assistance to be offered to those large mobile investment projects for which two or more parts of the UK are in competition; C9 There will be an official group to support the Ministerial Group. It will be established under Cabinet Office chairmanship, and will report annually to Ministers on the operation of the concordat. Peer Review C10 Arrangements will be put in place for ex post peer review of selected cases involving financial assistance to industry, to be undertaken on behalf of the official committee, to ensure a continued common understanding and to allow the collection and diffusion of experience and good practice. Independent Evaluation C11 There will be continuing GB or UK-wide periodic independent evaluation of major programmes of financial assistance to industry on the model of previous evaluations of Regional Selective Assistance (RSA). Guidelines C12 The UK Government and the devolved administrations in Scotland and Wales recognise that they have inherited common guidelines on financial assistance to industry. Separate but comparable arrangements apply in Northern Ireland. All parties to this Concordat commit to mutual consultation in adequate detail and to a reasonable timescale where any party proposes to change its policy and practice. Inward Investment C13 The UK Government will continue to be responsible for promotion of the UK as a whole to foreign investors. Promotion of the UK and its constituent parts to foreign investors will be co-ordinated through the adherence of all concerned to guidelines agreed by the International Business Development Forum, on which the devolved administrations will be represented along with UK Trade & Investment and the Regional Development Agencies. C14 Where inward investment functions are carried out by publicly funded bodies, the UK Government or devolved institution sponsoring the body concerned will, as now, ensure that it follows the agreed guidance on the handling of inward investment negotiations. Consultation on those large mobile cases for which two or more parts of the UK are in competition will be co-ordinated by the secretariat to the Ministerial Group, and overseen by the official forum referred to above. The secretariat will have no direct contact with potential investors which will as at present negotiate primarily with the relevant regional or national development agencies. Financial Limits C15 There will be agreed financial limits covering those major schemes of financial assistance to companies administered directly by the UK Government and the devolved administrations. These limits will apply on a common basis to all areas of the UK having equivalent assisted area status; and where they are applied to a particular project, will cover all forms of assistance which are defined as state aid under EU rules (such rules, and the designation of the assisted areas map, are agreed with the European Commission), or which are otherwise agreed by the parties. Relations with the European Union C16 Financial assistance to industry is an area which is subject to EC State Aid rules. In particular, the EU has certain powers under Articles 107and 108 of the Treaty on the Functioning of the European Union. As regards relations with the European Union, Ministers and officials of the devolved administrations will be fully involved in discussions within the UK Government about the formulation of the UK’s UK‟s policy position on all issues which touch on financial assistance to industry. This will require mutual respect for the confidentiality of those discussions and adherence to the resultant UK line. The devolved administrations will be covered and will abide by EU rules on state aid. C17 The UK Government commits itself to adequate consultation to a reasonable timescale with the devolved administrations on its dealings with the European Commission (and other European Union institutions as appropriate) on state aids policy. By the same token, the devolved administrations undertake to maintain adequate consultation to a reasonable timescale with the UK Government on any measure which may require notification, and to respond within a reasonable timescale to enquiries received from the UK Government on actual or potential State aid measures or on consultation about new policy developments. C18 The designation of assisted areas, including related domestic legislation, is a reserved function and will remain the responsibility of the UK Government. There will, however, be adequate consultation to a reasonable timescale by the UK Government with the devolved administrations on the methodology and detail of any proposed revisions to the assisted areas map prior to putting proposals to the European Commission.

Ministerial Group. C7 C8 The arrangements will be overseen by representatives of the United Kingdom Government and the devolved administrations, in a Group whose members will be: • Ministers from the Department of Transport, Local Government and the Regions; the Treasury; the Department for Business, Innovation of Trade and SkillsIndustry; and the Foreign and Commonwealth Office; • Ministers representing each of the devolved administrationsScottish Executive, the Cabinet of the National Assembly for Wales and the Northern Ireland Executive Committee. C8 C9 Its terms of reference will be: • to facilitate the exchange of information on financial assistance between the United Kingdom Government and the devolved administrations; and • to allow consensus to be reached on the level of assistance to be offered to those large mobile investment projects for which two or more parts of the UK are in competition; C9 • to keep arrangements for financial assistance under review; and, in particular, to carry out a full review of the arrangements set out in this paper in April 2000. C10 There will be an official group to support the Ministerial Group. It will be established under Cabinet Office chairmanship, and will report annually to Ministers on the operation of the concordat. Peer Review C10 C11 Arrangements will be put in place for ex post peer review of selected cases involving financial assistance to industry, to be undertaken on behalf of the official committee, to ensure a continued common understanding and to allow the collection and diffusion of experience and good practice. Independent Evaluation C11 C12 There will be continuing GB or UK-wide periodic independent evaluation of major programmes of financial assistance to industry on the model of previous evaluations of Regional Selective Assistance (RSA). Guidelines C12 C13 The UK Government and the devolved administrations in Scotland and Wales recognise that they have inherited common guidelines on financial assistance to industry. Separate but comparable arrangements apply in Northern Ireland. All parties to this Concordat commit to mutual consultation in adequate detail and to a reasonable timescale where any party proposes to change its policy and practice. Inward Investment C13 C14 The UK Government will continue to be responsible for promotion of the UK as a whole to foreign investors. Promotion of the UK and its constituent parts to foreign investors will be co-ordinated through the adherence of all concerned to guidelines agreed by the International Business Development ForumCommittee on Overseas Promotion, on which the devolved administrations Scottish Executive, the Cabinet of the National Assembly for Wales and the Northern Ireland Executive Committee will be represented along with UK Trade & Investment and the Regional Development Agenciesrepresented. C14 C15 Where inward investment functions are carried out by publicly funded bodies, the UK Government or devolved institution sponsoring the body concerned will, as now, ensure that it follows the agreed guidance on the handling of inward investment negotiations. Consultation on those large mobile cases for which two or more parts of the UK are in competition will be co-ordinated by the secretariat to the Ministerial Group, and overseen by the official forum committee referred to above. The secretariat will have no direct contact with potential investors which will as at present negotiate primarily with the relevant regional or national development agencies. Financial Limits C15 C16 There will be agreed financial limits covering those major schemes of financial assistance to companies administered directly by the UK Government and the devolved administrations. These limits will apply on a common basis to all areas of the UK having equivalent assisted area status; and where they are applied to a particular project, will cover all forms of assistance which are defined as state aid under EU EC rules (such rules, and the designation of the assisted areas map, are agreed with the European Commission), or which are otherwise agreed by the parties. Relations with the European Union C16 C17 Financial assistance to industry is an area which is subject to EC State Aid rules. In particular, the EU European Commission has certain powers under Articles 107and 108 92 and 93 of the Treaty on the Functioning of the European UnionRome. As regards relations with the European Union, Ministers and officials of the devolved administrations will be fully involved in discussions within the UK Government about the formulation of the UK’s policy position on all issues which touch on financial assistance to industry. This will require mutual respect for the confidentiality of those discussions and adherence to the resultant UK line. The devolved administrations will be covered and will abide by EU EC rules on state aid. C17 C18 The UK Government commits itself to adequate consultation to a reasonable timescale with the devolved administrations on its dealings with the European Commission (and other European Union institutions as appropriate) on state aids policy. By the same token, the devolved administrations undertake to maintain adequate consultation to a reasonable timescale with the UK Government on any measure which may require notification, and to respond within a reasonable timescale to enquiries received from the UK Government on actual or potential State aid measures or on consultation about new policy developments. C18 C19 The designation of assisted areas, including related domestic legislation, is a reserved function and will remain the responsibility of the UK Government. There will, however, be adequate consultation to a reasonable timescale by the UK Government with the devolved administrations on the methodology and detail of any proposed revisions to the assisted areas map prior to putting proposals to the European Commission.