EN Official Journal of the European Union L 324/30

EFTA SURVEILLANCE AUTHORITY DECISION

No 303/05/COL

of 30 November 2005

amending for the fifty-first 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 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 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, on the 9 November 2005, the Commission of the European Communities (6) adopted a prolongation of the Community framework for State aid for research and development (7) until 31 December 2006,

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

WHEREAS the rules corresponding to the Community framework for State aid for research and development are taken into Chapter 14 of the State Aid Guidelines,

WHEREAS, Chapter 14 of the State Aid Guidelines expires on 31 December 2005,

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 Authority is to adopt, after consultation with the European Commission, acts corresponding to those adopted by the European Commission,

HAVING consulted the European Commission,

RECALLING that the Authority has consulted the EFTA States in letters to Iceland, Liechtenstein and Norway dated 9 November 2005 on the subject,

HAS ADOPTED THIS DECISION:

1. The validity of Chapter 14 of the State Aid Guidelines, Aid for Research and Development, is prolonged until 31 December 2006. Paragraph (2) of Section 14.9 of the State Aid Guidelines, shall read as follows: ‘These guidelines will apply until 31 December 2006’. Footnote 1 to Chapter 14 of the State Aid Guidelines shall read as follows: ‘This chapter has been amended by College decisions of 26 July 2002 and 30 November 2005. The Chapter corresponds to the Community framework for State aid for research and development (OJ C 45, 17.2.1996, p. 5) as amended by the Commission communication of 13 February 1998 (OJ C 48, 13.2.1998, p. 2), 8 May 2002 (OJ C 111, 8.5.2002, p. 3) and 9 November 2005.’

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

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.

4. 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, 30 November 2005. For the EFTA Surveillance Authority Einar M. BULL President Kurt JÄGER 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) Hereinafter referred to as the ‘State Aid Guidelines’.

(5) Initially published in OJ L 231, 3.9.1994, and in the EEA Supplement No 32, 3.9.1994, as last amended by Decision of 30.11.2005.

(6) Hereinafter referred to as the ‘EC Commission’.

(7) Community framework for aid for research and development, published in the OJ C 45, 17.2.1996, p. 5.