EFTA SURVEILLANCE AUTHORITY DECISION No 293/21/COL

of 16 December 2021

amending the procedural and substantive rules in the field of State aid by introducing revised Guidelines on short-term export credit insurance [2022/1048]

THE EFTA SURVEILLANCE AUTHORITY (‘ESA’),

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

Having regard to the Agreement between the EFTA States on the Establishment of a Surveillance Authority and a Court of Justice (‘the Surveillance and Court Agreement’), in particular to Article 24 and Article 5(2)(b),

Whereas:

Under Article 24 of the Surveillance and Court Agreement, ESA is to give effect to the provisions of the EEA Agreement concerning State aid.

Under Article 5(2)(b) of the Surveillance and Court Agreement, ESA is to 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 ESA considers it necessary.

On 6 December 2021, the European Commission adopted a Communication on the application of Article 107 and 108 of the Treaty on the Functioning of the European Union to short-term export credit insurance (‘the Guidelines’) (1).

The Guidelines are also of relevance for the European Economic Area (‘EEA’).

Uniform application of the EEA State aid rules is to be ensured throughout the EEA in line with the objective of homogeneity established in Article 1 of the EEA Agreement.

According to Section General Paragraph II of Annex XV to the EEA Agreement, ESA, after consultation with the European Commission, is to adopt acts corresponding to those adopted by the European Commission.

The Guidelines may refer to certain European Union policy instruments and to certain European Union legal acts that have not been incorporated into the EEA Agreement. With a view to ensuring uniform application of State aid provisions and equal conditions of competition throughout the EEA, ESA will generally apply the same points of reference as the European Commission when assessing the compatibility of aid with the functioning of the EEA Agreement.

Having consulted the European Commission,

Having consulted the EFTA States,

HAS ADOPTED THIS DECISION:

Article 1 1. The substantive rules in the field of State aid are amended by introducing revised Guidelines for Short-term export credit insurance. The Guidelines are annexed to this Decision and form an integral part of it. 2. The Guidelines replace the existing guidelines on Short-term export-credit insurance (2) with effect from 1 January 2022.

Article 2 ESA applies the Guidelines with the following adaptations where applicable, including, but not limited to, the following: (a) if there is a reference to ‘Member State(s)’, ESA reads it as a reference to ‘EFTA State(s)’ (3), or where appropriate ‘EEA State(s)’; (b) if there is a reference to the ‘European Commission’, ESA reads it as a reference to the ‘EFTA Surveillance Authority’; (c) if there is a reference to ‘the Treaty’ or ‘TFEU’, ESA reads it as a reference to ‘the EEA Agreement’; (d) if there is a reference to Article 49 TFEU or sections of that Article, ESA reads it as a reference to Article 31 of the EEA Agreement and the corresponding sections of that Article; (e) if there is a reference to Article 63 TFEU or sections of that Article, ESA reads it as a reference to Article 40 of the EEA Agreement and the corresponding sections of that Article; (f) if there is a reference to Article 107 TFEU or sections of that Article, ESA reads it as a reference to Article 61 of the EEA Agreement and the corresponding sections of that Article; (g) if there is a reference to Article 108 TFEU or sections of that Article, ESA reads it as a reference to Article 1 of Part I of Protocol 3 of the Surveillance and Court Agreement and the corresponding sections of that Article; (h) if there is a reference to Council Regulation (EU) 2015/1589 (4), ESA reads it as a reference to Part II of Protocol 3 of the Surveillance and Court Agreement; (i) if there is a reference to Commission Regulation (EC) No 794/2004 (5), ESA reads it as a reference to EFTA Surveillance Authority Decision 195/04/COL; (j) if there is a reference to the wording ‘(in-)compatible with the internal market’, ESA reads it as ‘(in-)compatible with the functioning of the EEA Agreement’; (k) if there is a reference to the wording ‘within (or outside) the Union’, ESA reads it as ‘within (or outside) the EEA’; (l) if there is a reference to ‘intra-Union trade’, ESA reads it as a reference to ‘intra-EEA trade’; (m) if the Guidelines set out that they will be applied to ‘all sectors of economic activity’, ESA applies them to ‘all sectors of economic activity or parts of sectors of economic activity falling within the scope of the EEA Agreement’; (n) if there is a reference to Commission Communications, Notices or Guidelines, ESA reads it as a reference to the corresponding ESA Guidelines.

Article 3 ESA applies the list of marketable risk countries in the Annex to the Guidelines with the addition of Liechtenstein.

Done in Brussels, 16 December 2021. For the EFTA Surveillance Authority Bente ANGELL-HANSEN President Responsible College Member Högni KRISTJÁNSSON College Member Stefan BARRIGA College Member Melpo-Menie JOSÉPHIDÈS Countersigning as Director, Legal and Executive Affairs

(1) C(2021) 8705 final (OJ C 497, 10.12.2021, p. 5).

(2) OJ L 343, 19.12.2013, p. 54, and EEA Supplement No 71, 19.12.2013, p. 1, re-adopted by EFTA Surveillance Authority Decision No 4/19/COL of 6 February 2019 amending, for the one hundred and fourth time, the procedural and substantive rules in the field of state aid [2019/1008] (OJ L 163, 20.6.2019, p. 110), and EEA Supplement No 48, 20.6.2019, p. 1, amended by Decision No 30/20/COL of 1 April 2020 amending, for the one hundred and sixth time, the procedural and substantive rules in the field of state aid by replacing the Annex to the Guidelines on short-term export-credit insurance [2020/982] (OJ L 220, 9.7.2020, p. 8), and EEA Supplement No 46, 9.7.2020, p. 1, Decision No 90/20/COL of 15 July 2020 amending, for the one hundred and seventh time, the procedural and substantive rules in the field of State aid, by amending and prolonging certain State aid guidelines [2020/1576] (OJ L 359, 29.10.2020, p. 16), and EEA Supplement No 68, 29.10.2020, p. 4, and Decision No 12/21/COL of 24 February 2021 replacing the Annex to the Guidelines on short-term export-credit insurance [2021/1238] (OJ L 271, 29.7.2021, p. 1), and EEA Supplement No 50, 29.7.2021, p. 1.

(3) The ‘EFTA States’ refers to Iceland, Liechtenstein and Norway.

(4) Council Regulation (EU) 2015/1589 of 13 July 2015 laying down detailed rules for the application of Article 108 of the Treaty on the Functioning of the European Union (OJ L 248, 24.9.2015, p. 9).

(5) Commission Regulation (EC) No 794/2004 of 21 April 2004 implementing Council Regulation (EU) 2015/1589 laying down detailed rules for the application of Article 108 of the Treaty on the Functioning of the European Union (OJ L 140, 30.4.2004, p. 1).