EN Official Journal of the European Union L 179/79

EFTA SURVEILLANCE AUTHORITY DECISION

No 21/14/COL

of 29 January 2014

amending for the 93rd 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 its Articles 5(2)(b) and 24,

Whereas:

The Chapter in the EFTA Surveillance Authority's State Aid for Research and Development and Innovation (3) (R&D&I Guidelines) expired on 31 December 2013 (4),

That Chapter corresponded to the Community Framework on State aid for research and development and innovation (5) which also expired on 31 December 2013 (6),

On 10 December 2013, the European Commission (‘the Commission’) published a Communication concerning the prolongation of the application of Community framework for research and development and innovation until 30 June 2014 (7).

The prolongation was adopted by the Commission in light of its current proposed revision of the R&D&I Guidelines (8) and in the context of the overall process to modernise State aid rules (9), and is in particular closely interlinked with the parallel proposed revision of the EU General Block Exemption Regulation (10).

In order to ensure a consistent approach across all State aid instruments, having regard to the need for continuity and legal certainty in the treatment of State aid for research and development and innovation, and to ensure the uniform application of State aid rules throughout the European Economic Area, the current Chapter of the Authority's State Aid Guidelines for Research and Development and Innovation (R&D&I) should be prolonged.

The Commission and the EFTA States have been consulted.

HAS ADOPTED THIS DECISION:

Article 1

The first sentence of paragraph 178 of the Chapter in the EFTA Surveillance Authority's State Aid Guidelines for Research and Development and Innovation (R&D&I) shall read as follows:

‘(178) This Chapter will be applicable until 30 June 2014’.

Article 2

Only the English version is authentic.

Done at Brussels, 29 January 2014. For the EFTA Surveillance Authority Oda Helen SLETNES President Frank BÜCHEL College Member

(1) The ‘EEA Agreement’.

(2) The ‘Surveillance and Court Agreement’.

(3) OJ L 305, 19.11.2009, p. 1, EEA Supplement No 60, 19.11.2009, p. 1.

(4) See paragraph 178 of the EFTA Surveillance Authority' State aid Guidelines for Research and Development and Innovation.

(5) OJ C 323, 30.12.2006, p. 1.

(6) See point 10.3, second paragraph of the Community Framework for State aid for research and development and innovation.

(7) OJ C 360, 10.12.2013, p. 1.

(8) Consultation on the draft EU Framework for State aid for Research and Development and Innovation was opened on 20.12. 2013. The draft is accessible at: http://ec.europa.eu/competition/consultations/2013_state_aid_rdi/index_en.html

(9) Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions on EU State Aid Modernisation (SAM) COM(2012) 209 final.

(10) Commission Regulation (EC) No 800/2008 of 6 August 2008 declaring certain categories of aid compatible with the common market in application of Article 87 and 88 of the Treaty. OJ L 214, 9.8.2008, p. 3. Consultation on a draft EU GBER was opened on 18.12.2013. The draft is accessible at: http://ec.europa.eu/competition/consultations/2013_consolidated_gber/index_en.html