EN Official Journal of the European Union L 354/62

EFTA SURVEILLANCE AUTHORITY DECISION

No 117/14/COL

of 12 March 2014

amending for the ninety-fourth time the procedural and substantive rules in the field of State aid by adopting new Guidelines to promote risk finance investments and by prolonging the existing Guidelines on State aid to promote risk capital investments in small and medium-sized enterprises

THE EFTA SURVEILLANCE AUTHORITY (‘the Authority’),

HAVING REGARD to the Agreement on the European Economic Area (‘the EEA Agreement’), in particular to Articles 61 to 63 and Protocol 26 thereof,

HAVING REGARD to the Agreement between the EFTA States on the Establishment of a Surveillance Authority and a Court of Justice (‘Surveillance and Court Agreement’), in particular to Articles 5(2)(b) and 24 thereof and Article 1 in Part I of Protocol 3 thereof,

Whereas:

Under Article 24 of the Surveillance and Court Agreement, the Authority shall give effect to the provisions of the EEA Agreement concerning State aid,

Under Article 5(2)(b) of the Surveillance and Court Agreement, the Authority shall issue notices or guidelines on matters dealt with in the EEA Agreement, if that Agreement or the Surveillance and Court Agreement expressly so provides or if the Authority considers it necessary,

On 15 January 2014, the European Commission adopted the Guidelines on State aid to promote risk finance investments (1) which are due to enter into force on 1 July 2014. The new rules set out the conditions under which EU Member States can grant aid to facilitate access to finance by small and medium sized companies and companies with a medium capitalization. These new Guidelines are to replace the Community Guidelines on State aid to promote risk capital investments in small and medium-sized enterprises (2) as from 1 July 2014.

The European Commission's Guidelines on State aid to promote risk finance investments also provide that the applicability of the Community Guidelines on State aid to promote risk capital investments in small and medium-sized enterprises, is to be prolonged until 30 June 2014,

These Guidelines are of relevance for the European Economic Area,

Uniform application of the EEA state aid rules is to be ensured throughout the European Economic Area in line with the objective of homogeneity established in Article 1 of the EEA Agreement,

According to point II under the heading ‘GENERAL’ of Annex XV to the EEA Agreement, the Authority, after consultation with the European Commission, is to adopt new Guidelines on State aid to promote risk finance investments, corresponding to those adopted by the European Commission.

The new Guidelines will replace the current ones on State aid to promote risk capital investments in small and medium-sized enterprises (3). Until the entry into force of such new Guidelines the applicability of the guidelines to promote risk capital investments in small and medium-sized enterprises should be prolonged until 30 June 2014.

HAVING consulted the European Commission,

HAVING consulted the EFTA States by a letter dated 12 January 2014 on the subject,

HAS ADOPTED THIS DECISION:

Article 1

The first sentence of paragraph 80 of the Guidelines on State aid to promote risk capital investment in small and medium-sized enterprises should read as follows:

‘(80) These guidelines will cease to be valid on 30 June 2014’

Article 2

The State Aid Guidelines shall be amended by introducing new Guidelines on State aid to promote risk finance investments. The new Guidelines are enclosed in Annex to this Decision and form an integral part of it.

Article 3

Only the English version is authentic.

Done at Brussels, 12 March 2014. For the EFTA Surveillance Authority Oda Helen SLETNES President Frank BÜCHEL College Member

(1) OJ C 19, 22.1.2014, p. 4.

(2) OJ C 194, 18.8.2006, p. 2.

(3) OJ C 126, 7.6.2007, p. 19. EEA Supplement No 27, 7.6.2007, p. 1. Amended on 15.12.2010 by Decision No 484/10/COL.