EN Official Journal of the European Union L 166/28

EFTA SURVEILLANCE AUTHORITY DECISION

No 365/06/COL

of 29 November 2006

amending, for the sixtieth time, the procedural and substantive rules in the field of State aid

THE EFTA SURVEILLANCE AUTHORITY,

HAVING REGARD to the Agreement on the European Economic Area (1), 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 (2), in particular to Article 24 and Article 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 EFTA Surveillance 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 EFTA Surveillance 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 EFTA Surveillance Authority considers it necessary,

RECALLING the Procedural and Substantive Rules in the Field of State Aid (3) adopted on 19 January 1994 by the EFTA Surveillance Authority (4),

WHEREAS, on 24 October 2006, the Commission of the European Communities decided to prolong the Framework on State Aid to Shipbuilding until 31 December 2008 (5),

WHEREAS this Communication is also of relevance for the European Economic Area,

WHEREAS a uniform application of the EEA State aid rules is to be ensured throughout the European Economic Area,

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

HAVING consulted the European Commission,

RECALLING that the EFTA Surveillance Authority has consulted the EFTA States in a letter on the subject dated 27 October 2006,

HAS ADOPTED THIS DECISION:

1. The validity of Chapter 24B of the State Aid Guidelines, State aid to shipbuilding, is prolonged until 31 December 2008. The former Paragraph 31 in Section 24B.7 of Chapter 24B of the State Aid Guidelines is replaced by a new Paragraph 31 which shall read as follows: ‘This Framework will be applicable from 1 January 2004 until 31 December 2008 at the latest. It may be reviewed by the Authority during this period.’

2. Footnote 1 to Chapter 24B of the State Aid Guidelines shall read as follows: ‘This Chapter corresponds to Community Framework on State Aid to Shipbuilding (OJ C 317, 30.12.2003, p. 11), as amended by the Commission on 24 October 2006 (OJ C 260, 28.10.2006, p. 7).’

3. Since Council Regulation (EC) No 1177/2002 of 27 June 2002 concerning a temporary defensive mechanism to shipbuilding (6) expired on 31 March 2005, the references in Chapter 24B of the State Aid Guideline to that Regulation are no longer relevant. Accordingly, point 9 and point 12(e) of Chapter 24B will no longer be applied by the Authority with effect from 1 January 2007.

4. The EFTA States shall be informed by means of a letter, including a copy of this Decision.

5. 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.

6. The Decision shall be published in the EEA Section of and in the EEA Supplement to the Official Journal of the European Union.

Done at Brussels, 29 November 2006. For the EFTA Surveillance Authority Bjørn T. GRYDELAND President Kristján A. STEFÁNSSON College Member

(1) Hereinafter referred to as the ‘EEA Agreement’.

(2) Hereinafter referred to as the ‘Surveillance and Court Agreement’.

(3) Hereinafter referred to as the ‘State Aid Guidelines’.

(4) Initially published in OJ L 231, 3.9.1994, and in the EEA Supplement thereto No 32 on the same date, last amended by Decision of 5 October 2006.

(5) Commission communication concerning the prolongation of the Framework on State aid to shipbuilding, (OJ C 260, 28.10.2006, p. 7).

(6) OJ L 172, 2.7.2002, p. 1. Regulation as amended by Regulation (EC) No 502/2004 (OJ L 81, 19.3.2004, p. 6), incorporated into the EEA Agreement by EEA Joint Committee Decisions No 170/2002 and No 80/2004.