Decision of the EEA Joint Committee No 20/98 of 6 March 1998 amending Annex XV (State aid) to the EEA Agreement
Date: 1998-03-06
Institutions: EEA Joint Committee
Subjects: European Economic Area, State aid, agreement (EU), aid to industry, iron and steel industry, research and development

8.10.98

EN

Official  Journal  of  the  European  Communities

L 272/35

DECISION  OF  THE  EEA  JOINT  COMMITTEE

No  20/98

of  6  March  1998

amending  Annex  XV  (State  aid)  to  the  EEA  Agreement

THE  EEA  JOINT  COMMITTEE,

Having  regard  to  the  Agreement  on  the  European  Economic  Area,  as  adjusted  by  the  Protocol
adjusting  the  Agreement  on  the  European  Economic  Area,  hereinafter  referred  to  as  ‘the
Agreement’,  and  in  particular  Article  98  thereof,

Whereas  Annex  XV  to  the  Agreement  was  amended  by  Decision  of  the  EEA  Joint  Committee
No  85/97 (1);

Whereas  the  Commission  has  adopted  Commission  Decision  No  2496/96/ECSC  of  18
December  1996  establishing  Community  rules  for  State  aid  to  the  steel  industry (2),  replacing
Commission  Decision  No  3855/91/ECSC (3)  establishing  Community  rules  for  aid  to  the  steel
industry,  which  expired  on  31  December  1996;

Whereas Commission Decision No 3855/91/ECSC was incorporated into the EEA Agreement by
EEA  Joint  Committee  Decision  No  7/94;

Whereas  Decision  No  2496/96/ECSC  of  18  December  1996  is  to  be  incorporated  into  the
Agreement,

HAS  DECIDED  AS  FOLLOWS:

Article  1

Point  la  (Commission  Decision  No  3855/91/ECSC)  of  Annex  XV  to  the  Agreement  shall  be
replaced by:

‘1a. 396 S 2496:  Commission  Decision  No  2496/96/ECSC  of  18  December  1996
establishing Community rules for State aid to the steel industry (OJ L 338, 28.12.1996,
p.  42).

The provisions of the Decision shall for the purposes of the present Agreement, be read
with  the  following  adaptations:

(a)

(b)

(c)

(d)

the term “Commission” shall read “competent surveillance authority as defined in
Article  62  of  the  EEA  Agreement”;

the  term  “compatible  with  the  common  market”  shall  read  “compatible  with  the
functioning  of  the  EEA  Agreement”;

in  Article  2,  the  following  shall  be  added:  “or,  in  the  case  of  an  EFTA  State,
Chapter  14  of  the  Procedural  and  substantive  rules  in  the  field  of  State  aid  as
adopted  by  the  EFTA  Surveillance  Authority  on  15  May  1996 (*) (**)”;

in  Article  3,  the  following  shall  be  added:  “or,  in  the  case  of  an  EFTA  State,
Chapter  15  of  the  Procedural  and  substantive  rules  in  the  field  of  State  aid,  as
adopted  by  the  EFTA  Surveillance  Authority  on  19  January  1994 (***),  in

(1) OJ  L  160,  4.6.1998,  p.  44.
(2) OJ  L  338,  28.12.1996,  p.  42.
(3) OJ  L  362,  31.12.1991,  p.  57.

L 272/36

EN

Official  Journal  of  the  European  Communities

8.10.98

(e)

(f)

(g)

(h)

(i)

conformity  with  the  criteria  for  their  application  to  the  EC  steel  industry,  and  in
the  similar  industry  in  the  EFTA  States,  outlined  in  the  Annex  to  this  Decision”;

in  the  Annex  to  the  Decision  the  term  “Community  guidelines  on  State  aid”  shall
read  “the  procedural  and  substantive  rules  in  the  field  of  State  aid,  as  adopted  by
the  EFTA  Surveillance  Authority  on  19  January  1994,”;

the first sentence of Article 4(1) shall read, “Aid towards the costs of payments to
workers  of  EC  steel  undertakings,  and  similar  undertakings  in  the  EFTA  States,
made redundant or accepting early retirement may be deemed compatible with the
common  market  provided  that:”;

in Article 4(1)(c), the following shall be added: “or, in the case of an EFTA State,
the  aid  relative  to  the  payments  does  not  exceed  what  may  be  granted  to  an  EC
steel  undertaking  in  a  similar  situation”;

in  Article  6(1),  “under  the  EC  Treaty”  shall  read  “under  the  EC  Treaty  or  the
Agreement  between  the  EFTA  States  on  the  Establishment  of  a  Surveillance
Authority  and  a  Court  of  Justice”;

in  Article  6(4)  and  (5),  “Article  88  of  the  ECSC  Treaty”  shall  read  “Article  88  of
the  ECSC  Treaty  and  the  corresponding  procedure  set  out  in  the  Agreement
between  the  EFTA  States  on  the  establishment  of  a  surveillance  authority  and  a
Court  of  Justice”.’

(*) The  provisions  of  point  14.5.3,  paragraphs  (3)  and  (4)  of  the  Procedural  and
substantive rules in the field of State aid, applicable to a research project which
is  in  accordance  with  the  objectives  of  a  specific  project  or  programme
undertaken as part of the current Community RTD framework programme, also
apply to aid to a research project which is undertaken as part of an ECSC steel
RTD  project  or  programme.
(**) OJ  L  245,  26.9.1996,  p.  20.

(***) OJ  L  231,  3.9.1994,  p.  1.

The  texts  of  Decision  No  2496/96/ECSC  in  the  Icelandic  and  Norwegian  languages,  which  are
annexed  to  the  respective  language  versions  of  this  Decision,  are  authentic.

Article  2

This  Decision  shall  enter  into  force  on  7  March  1998  provided  that  all  the  notifications  under
Article  103(1)  of  the  Agreement  have  been  made  to  the  EEA  Joint  Committee.

Article  3

This  Decision  shall  be  published  in  the  EEA  section  of,  and  in  the  EEA  supplement  to,  the
Official  Journal  of  the  European  Communities.

Article  4

Done  at  Brussels,  6  March  1998.

For  the  EEA  Joint  Committee

The  President

F.  BARBASO