EN Official Journal of the European Union C 115/1

Commission communication concerning the obsolescence of certain State aid policy documents

(2004/C 115/01)

(Text with EEA relevance)

Over the years, the Commission has adopted a number of texts concerning procedural issues in the field of State aid. Some of these texts have taken the form of Commission Communications to the Member States and have been published in the Official Journal of the European Union. Other texts have been published in volume IIA of the Competition Law in the European Communities series, Rules applicable to State aid, situation at 30 June 1998 (ISBN 92-828-4008-5).

Following the adoption by the Commission of Commission Regulation (EC) No 794/2004 (1) implementing Council Regulation (EC) No 659/1999 of 22 March 1999 laying down detailed rules for the application of Article 93 of the EC Treaty (2), a number of these texts have become obsolete. These texts concern the notification obligation, notification procedures, including accelerated notifications, annual reporting, timelimits and recovery of unlawful aid.

Accordingly the Commission wishes to inform Member States and interested parties that from the date of publication of this communication in the Official Journal of the European Union, the Commission no longer intends to apply, in relation to any matter, the following documents, irrespective of their legal status:

1. Commission communication on the notification of State aid to the Commission pursuant to Article 93(3) of the EEC Treaty: the failure of Member States to respect their obligations (3);

2. Commission communication (on the notification obligation) (4);

3. Commission communication on the cumulation of aids for different purposes (5);

4. Commission letter to Member States SG(89) D/5521 of 27 April 1989 (on the definition of putting an aid into effect) (6);

5. Commission letter to Member States SG(91) D/4577 of 4 March 1991 (Communication to Member States concerning the procedures for the notification of aid plans and procedures applicable when aid is provided in breach of the rules of Article 93(3) of the EEC Treaty) (7);

6. Guidance note on use of the de minimis facility provided for in the SME guidelines (letter of 23 March 1993, IV/D/6878 from DG IV to the Member States) (8);

7. Commission letter to Member States of 22 February 1995 (interest rates to be applied when aid granted unlawfully is being recovered) (9);

8. Commission communication to the Member States (on the recovery of aid granted unlawfully) (10);

9. Commission letter to Member States of 22 February 1994 (concerning notifications) (11);

10. Section A of the joint procedure for reporting and notification under the EC Treaty and under the WTO Agreement as identified in Commission letter to Member States of 2 August 1995; (12)

11. Commission letter to Member States SG(81) 12740 of 2 October 1981 (time limits for decisions) (13);

12. Commission letter to Member States of 30 April 1987 (Procedure pursuant to Article 93(2) of the EEC Treaty – time-limits) (14);

13. Commission communication to the Member States on the accelerated clearance of aid schemes for SMEs and of amendments of existing schemes (15);

14. Accelerated procedure for processing notifications of employment aid Standard notification form (16);

15. Commission letter to Member States of 27 June 1989 (Procedure pursuant to Article 93(2) of the EEC Treaty – Notice to Member States and other parties concerned to submit their comments) (17);

16. Commission Letter to Member States of 11 October 1990 (Notice to Member States and other parties about aid cases not objected to by the Commission) (18);

17. ‘Guide to procedures in State aid cases’ (19).

However, the Commission also wishes to inform Member States and interested parties that in so far as the provisions of Chapter V of Regulation (EC) 794/2004 only apply to decisions ordering the recovery of unlawful aid notified to Member States after the date of entry into force of the Regulation, the Commission communication of 8 May 2003 on the interest rates to be applied when aid granted unlawfully is being recovered (20) remains in effect as regards the execution by Member States of recovery orders notified before that date.

(1) OJ L 140, 30.4.2004.

(2) OJ L 83, 27.3.1999, p. 1.

(3) OJ C 252, 30.9.1980, p. 2.

(4) OJ C 318, 24.11.1983, p. 3.

(5) OJ C 3, 05.01.1985, p. 2.

(6) Competition Law in the European Communities, Volume IIA, Rules applicable to State aid, Brussels-Luxembourg 1999, ISBN 92-828-4008-5, English Version p. 58.

(7) Competition Law in the European Communities, Volume IIA, Rules applicable to State aid, Brussels-Luxembourg 1999, ISBN 92-828-4008-5, English Version p. 59.

(8) Competition Law in the European Communities, Volume IIA, Rules applicable to State aid, Brussels-Luxembourg 1999, ISBN 92-828-4008-5, English Version p. 64.

(9) Competition Law in the European Communities, Volume IIA, Rules applicable to State aid, Brussels-Luxembourg 1999, ISBN 92-828-4008-5, English Version p. 68.

(10) OJ C 156, 22.6.1995, p. 5.

(11) Competition Law in the European Communities, Volume IIA, Rules applicable to State aid, Brussels-Luxembourg 1999, ISBN 92-828-4008-5, English Version p. 70.

(12) Competition Law in the European Communities, Volume IIA, Rules applicable to State aid, Brussels-Luxembourg 1999, ISBN 92-828-4008-5, English Version p. 72. Section B of this letter, which covers reporting to the WTO under Article 25 of the Agreement on Subsidies and Countervailing Measures, remains applicable.

(13) Competition Law in the European Communities, Volume IIA, Rules applicable to State aid, Brussels-Luxembourg 1999, ISBN 92-828-4008-5, English Version p. 89.

(14) Competition Law in the European Communities, Volume IIA, Rules applicable to State aid, Brussels-Luxembourg 1999, ISBN 92-828-4008-5, English Version p. 90.

(15) OJ C 213, 19.08.1992, p. 10.

(16) OJ C 218, 27.07.1996, p. 4.

(17) Competition Law in the European Communities, Volume IIA, Rules applicable to State aid, Brussels-Luxembourg 1999, ISBN 92-828-4008-5, English Version p. 99.

(18) Competition Law in the European Communities, Volume IIA, Rules applicable to State aid, Brussels-Luxembourg 1999, ISBN 92-828-4008-5, English Version p. 100.

(19) Competition Law in the European Communities, Volume IIA, Rules applicable to State aid, Brussels-Luxembourg 1999, ISBN 92-828-4008-5, English Version p. 23.

(20) OJ C 110, 8.5.2003, p. 21.