Decision of the EEA Joint Committee

No 88/2002

of 25 June 2002

amending Annex XV (State aid) to the EEA Agreement

THE EEA JOINT COMMITTEE,

Having regard to the Agreement on the European Economic Area, as amended by the Protocol adjusting the Agreement on the European Economic Area, hereinafter referred to as "the Agreement", and in particular Article 98 thereof,

Whereas:

(1) Annex XV to the Agreement was amended by Decision of the EEA Joint Committee No 6/2001 of 31 January 2001(1).

(2) Commission Regulation (EC) No 68/2001 of 12 January 2001 on the application of Articles 87 and 88 of the EC Treaty to training aid(2) is to be incorporated into the Agreement.

(3) Commission Regulation (EC) No 69/2001 of 12 January 2001 on the application of Articles 87 and 88 of the EC Treaty to de minimis aid(3) is to be incorporated into the Agreement.

(4) Commission Regulation (EC) No 70/2001 of 12 January 2001 on the application of Articles 87 and 88 of the EC Treaty to State aid to small and medium-sized enterprises(4) is to be incorporated into the Agreement,

HAS DECIDED AS FOLLOWS:

Article 1

Annex XV to the Agreement shall be amended as follows:

1. The following shall be inserted after point 1c (Council Regulation (EC) No 3094/95):

"Training aid

1d. 32001 R 0068: Commission Regulation (EC) No 68/2001 of 12 January 2001 on the application of Articles 87 and 88 of the EC Treaty to training aid (OJ L 10, 13.1.2001, p. 20).

The provisions of the Regulation shall, for the purposes of the present Agreement, be read with the following adaptations:

(a) The term 'Articles 87 and 88 of the EC Treaty'shall read 'Articles 61 and 62 of the EEA Agreement';

(b) The term 'Member State' shall read 'EC Member State or EFTA State'. The term 'Member States' shall read 'EC Member States or EFTA States';

(c) Article 1 shall read: 'This Regulation applies to aid in all sectors covered by Articles 61 to 64 of the EEA Agreement.';

(d) In Article 2(a), the term '87(1) of the Treaty' shall read 'Article 61(1) of the EEA Agreement';

(e) In Article 2(e), the words 'or the Community' shall not apply;

(f) In Article 3, the term 'compatible with the common market' shall read 'compatible with the functioning of the EEA Agreement';

(g) In Article 3, the term 'Article 87(3) of the Treaty' shall read 'Article 61(3) of the EEA Agreement'. The term 'Article 88(3) Treaty' shall read 'Article 1(3) of Protocol 3 to the Surveillance and Court Agreement';

(h) In Article 4(2) and 4(3), the terms 'Article 87(3)(c) of the Treaty' and 'Article 87(3)(a) of the Treaty', shall read 'Article 61(3)(c) of the EEA Agreement' and 'Article 61(3)(a) of the EEA Agreement', respectively;

(i) In Article 4(6)(b), the term 'Community registers' shall read 'registers in the territory covered by the EEA Agreement';

(j) In Article 6(2), the words 'State aid within the meaning of Article 87(1) of the Treaty' shall read 'State aid within the meaning of Article 61(1) of the EEA Agreement'.

'De minimis' aid

1e. 32001 R 0069: Commission Regulation (EC) No 69/2001 of 12 January 2001 on the application of Articles 87 and 88 of the EC Treaty to de minimis aid (OJ L 10, 13.1.2001, p. 30).

The provisions of the Regulation shall, for the purposes of the present Agreement, be read with the following adaptations:

(a) The term 'Articles 87 and 88 of the EC Treaty' shall read 'Articles 61 and 62 of the EEA Agreement';

(b) The term 'Member State' shall read 'EC Member State or EFTA State'. The term 'Member States' shall read 'EC Member States or EFTA States';

(c) In Article 1, first paragraph, the words 'all sectors' shall read: 'all sectors covered by Articles 61 to 64 of the EEA Agreement';

(d) Article 1(a) shall be replaced by the following:

'the transport sector and the activities linked to the production, processing or marketing of products listed in the Appendix to this Annex and covered by the scope of the Agreement.'.

(e) In Article 2(1), the terms 'Article 87(1) of the Treaty' and 'Article 88(3) of the Treaty' shall read 'Article 61(1) of the EEA Agreement' and 'Article 1(3) of Protocol 3 to the Surveillance and Court Agreement', respectively.

Aid to small and medium-sized enterprises

1f. 32001 R 0070: Commission Regulation (EC) No 70/2001 of 12 January 2001 on the application of Articles 87 and 88 of the EC Treaty to State aid to small and medium-sized enterprises (OJ L 10, 13.1.2001, p. 33).

The provisions of the Regulation shall, for the purposes of the present Agreement, be read with the following adaptations:

(a) The term 'Articles 87 and 88 of the EC Treaty' shall read 'Articles 61 and 62 of the EEA Agreement';

(b) The term 'Member State' shall read 'EC Member State or EFTA State'. The term 'Member States' shall read 'EC Member Stated or EFTA Stated';

(c) The term 'Commission' shall read 'competent surveillance authority as defined in Article 62 of the EEA Agreement';

(d) The term 'Article 87(1) of the Treaty' shall read 'Article 61(1) of the EEA Agreement';

(e) The term 'Article 88(3) of the Treaty' shall read 'Article 1(3) of Protocol 3 to the Surveillance and Court Agreement';

(f) In Article 1(1), the words 'Community Regulations or Directives under the EC Treaty' shall read 'rules under the EEA Agreement'. The words 'all sectors' shall read: 'all sectors covered by Articles 61 to 64 of the EEA Agreement';

(g) Article 1(2)(a) shall be replaced by the following:

'to activities linked to the production, processing or marketing of products listed in the Appendix to this Annex and covered by the scope of the Agreement.'.

(h) In Articles 3 and 5, the words 'compatible with the common market' shall read 'compatible with the functioning of the EEA Agreement';

(i) In Article 4(3), the term 'Article 87(3)(c)' shall read 'Article 61(3)(c) of the EEA Agreement'. The term 'Article 87(3)(a)' shall read 'Article 61(3)(a) of the EEA Agreement'."

2. The following shall be added at the end of Annex XV:

"Appendix

List of products referred to in points 1e (d) and 1f (g) of Annex XV

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Article 2

The texts of Regulations (EC) No 68/2001, (EC) No 69/2001 and (EC) No 70/2001 in the Icelandic and Norwegian languages, to be published in the EEA Supplement to the Official Journal of the European Communities, shall be authentic.

Article 3

This Decision shall enter into force on 26 June 2002, provided that all the notifications under Article 103(1) of the Agreement have been made to the EEA Joint Committee(5).

Article 4

This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Communities.

Done at Brussels, 25 June 2002.

For the EEA Joint Committee

The President

P. Westerlund

(1) OJ L 66, 8.3.2001, p. 48.

(2) OJ L 10, 13.1.2001, p. 20.

(3) OJ L 10, 13.1.2001, p. 30.

(4) OJ L 10, 13.1.2001, p. 33.

(5) Constitutional requirements indicated.