EN Official Journal of the European Union L 36/62

EFTA SURVEILLANCE AUTHORITY DECISION

No 94/06/COL

of 19 April 2006

amending for the fifty-seventh time the procedural and substantive rules in the field of State aid

THE EFTA SURVEILLANCE AUTHORITY (1),

HAVING REGARD to the Agreement on the European Economic Area (2), 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 (3), in particular to Articles 24 and 5(2)(b) 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,

WHEREAS 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,

RECALLING the Procedural and Substantive Rules in the Field of State Aid (4) adopted on 19 January 1994 by the Authority (5),

WHEREAS, according to point II under the heading ‘GENERAL’ at the end of Annex XV to the EEA Agreement, the Authority is to adopt, after consultation with the European Commission, acts corresponding to those adopted by the European Commission,

WHEREAS the European Commission has issued a Commission Recommendation 2003/361/EC (6) on the definition of micro, small and medium-sized enterprises which replaces the previous Commission Recommendation 96/280/EC (7) on the definition of small and medium-sized enterprises,

WHEREAS the former Chapter 10 of the State Aid Guidelines which incorporated Commission Recommendation 96/280/EC was deleted by the EFTA Surveillance Authority by Decision No 198/03/COL of 5 November 2003 (8) due to the fact that the new definition of SMEs, set out in the new Commission Recommendation 2003/361/EC, had also been incorporated into the Annex of a new block exemption Regulation on aid to SMEs (9),

WHEREAS the definition of SMEs serves as a general reference tool within the State Aid Guidelines, which contain several references to the definition of SMEs, the Authority considers it useful to incorporate the new definition of SMEs, set forth in the new Commission Recommendation 2003/361/EC, into the State Aid Guidelines,

WHEREAS the definition of micro, small and medium-sized enterprises in the new Commission Recommendation 2003/361/EC should therefore be taken into the State Aid Guidelines as a new Chapter 10,

WHEREAS other Chapters in the State Aid Guidelines refer to the previous definition of small and medium-sized enterprises given in the former Chapter 10 and should therefore be amended to refer to the new definition of micro, small and medium-sized enterprises,

RECALLING that the Authority has consulted the European Commission on the incorporation of Commission Recommendation 2003/361/EC into the State Aid Guidelines,

RECALLING that the Authority has consulted the EFTA States in letters to Iceland, Liechtenstein and Norway dated 7 February 2006 on the subject,

HAS ADOPTED THIS DECISION:

Article 1

The Authority’s State Aid Guidelines are amended by introducing a new Chapter 10 on the definition of micro, small and medium-sized enterprises. The new Chapter 10 is enclosed and forms an integral part of this Decision. Other Chapters in the State Aid Guidelines which refer to the previous definition of small and medium-sized enterprises, set out in the former Chapter 10, are amended to refer to the new definition of micro, small and medium-sized enterprises, set out in Commission Recommendation 2003/361/EC.

The new Chapter 10 will apply as of its adoption by the Authority.

Article 2

The EFTA States shall be informed by means of a letter, including a copy of this Decision and the enclosed new Chapter 10 of the Authority’s State Aid Guidelines.

Article 3

The European Commission shall be informed, in accordance with point (d) of Protocol 27 of the EEA Agreement, by means of a copy of this Decision and the enclosed new Chapter 10 of the Authority’s State Aid Guidelines.

Article 4

The Decision, including its Annex, shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.

Done at Brussels, 19 April 2006. For the EFTA Surveillance Authority Bjørn T. GRYDELAND President Kurt JAEGER College Member

(1) Hereinafter referred to as the Authority.

(2) Hereinafter referred to as the EEA Agreement.

(3) Hereinafter referred to as the Surveillance and Court Agreement.

(4) The compilation of the notices, guidelines etc. adopted by the Authority in this respect is hereinafter referred to as the State Aid Guidelines.

(5) Initially published in OJ L 231, 3.9.1994, p. 1, and in the EEA Supplement thereto No 32 on the same date. An updated version of the State Aid Guidelines is available on the Authority’s website: www.eftasurv.int

(6) OJ L 124, 20.5.2003, p. 36.

(7) OJ L 107, 30.4.1996, p. 4.

(8) OJ L 120, 12.5.2005, p. 39.

(9) 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), as amended by Commission Regulation (EC) No 364/2004 (OJ L 63, 28.2.2004, p. 22). Both Regulations have been incorporated into Section 1f in Annex XV to the EEA Agreement by Joint Committee Decision No 88/2002 (OJ L 266, 3.10.2002, p. 56 and EEA Suppl. No 49, 3.10.2002, p. 42) and Joint Committee Decision No 131/2004 (OJ L 64, 10.3.2005, p. 67 and EEA Supplement No 12, 10.3.2005, p. 49).