Decision of the EEA Joint Committee No 164/2001 of 11 December 2001 amending Protocol 26 to the EEA Agreement, on the powers and functions of the EFTA Surveillance Authority in the field of State aid
Date: 2001-12-11
Institutions: EEA Joint Committee
Subjects: EU aid, European Economic Area, State aid, agreement (EU), control of State aid, suspension of aid

L 65/46

EN

Official Journal of the European Communities

7.3.2002

DECISION OF THE EEA JOINT COMMITTEE

No 164/2001

of 11 December 2001

amending Protocol 26 to the EEA Agreement, on the powers and functions of the EFTA
Surveillance Authority in the field of State aid

THE EEA JOINT COMMITTEE,

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

Whereas:

(1)

Protocol 26 to the Agreement has not previously been amended.

(2)

Council Regulation (EC) No 659/1999 of 22 March 1999 laying down detailed rules for the
application of Article 93 of the EC Treaty (1) should be included in Protocol 26 to the Agreement.

(3)

Protocol 26 to the Agreement needs to be adjusted for that purpose,

HAS DECIDED AS FOLLOWS:

The text of Protocol 26 to the Agreement shall be replaced by the following:

Article 1

‘Article 1

The EFTA Surveillance Authority shall, in an agreement between the EFTA States, be entrusted with
equivalent powers and similar functions to those of the European Commission, at the time of the
signature of the Agreement, for the application of the competition rules applicable to State aid of the
Treaty establishing the European Economic Community, enabling the EFTA Surveillance Authority to
give effect to the principles expressed in Articles 1(2)(e), 49 and 61 to 63 of the Agreement. The EFTA
Surveillance Authority shall also have such powers to give effect to the competition rules applicable to
State aid relating to products falling under the Treaty establishing the European Coal and Steel Community
as referred to in Protocol 14.

Article 2

In addition to the acts listed in Annex XV, the following act reflects the powers and functions of the
European Commission for the application of the competition rules applicable to State aid of the Treaty
establishing the European Economic Community:

399 R 0659: Council Regulation (EC) No 659/1999 of 22 March 1999 laying down detailed rules for
the application of Article 93 of the EC Treaty (OJ L 83, 27.3.1999, p. 1).’

(1) OJ L 83, 27.3.1999, p. 1.

7.3.2002

EN

Official Journal of the European Communities

L 65/47

The texts of Regulation (EC) No 659/1999 in the Icelandic and Norwegian languages, to be published in
the EEA Supplement to the Official Journal of the European Communities, shall be authentic.

Article 2

Article 3

This Decision shall enter into force on 12 December 2001, provided that all the notifications under
Article 103(1) of the Agreement have been made to the EEA Joint Committee (*).

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, 11 December 2001.

For the EEA Joint Committee

The President

B. GRYDELAND

(*) Constitutional requirements indicated.