Commission communication concerning the obsolescence of certain State aid policy documents
Date: 2004-04-30
Institutions: European Commission
Subjects: EU law, State aid, competition law, control of State aid

30.4.2004

EN

Official Journal of the European Union

C 115/1

I

(Information)

COMMISSION

Commission communication concerning the obsolescence of certain State aid policy documents

(2004/C 115/01)

(Text with EEA relevance)

Over the years, the Commission has adopted a number of texts
concerning procedural issues in the field of State aid. Some of
these texts have taken the form of Commission Communica-
tions to the Member States and have been published in the
Official Journal of the European Union. Other texts have been
published in volume IIA of the Competition Law in the Euro-
pean Communities series, Rules applicable to State aid, situa-
tion at 30 June 1998 (ISBN 92-828-4008-5).

3. Commission communication on the cumulation of aids for

different purposes (5);

4. Commission letter to Member States SG(89) D/5521 of 27
April 1989 (on the definition of putting an aid into
effect) (6);

Following the adoption by the Commission of Commission
Regulation (EC) No 794/2004 (1) implementing Council Regu-
lation (EC) No 659/1999 of 22 March 1999 laying down
detailed rules for the application of Article 93 of
the EC
Treaty (2), a number of these texts have become obsolete. These
texts concern the notification obligation, notification proce-
including accelerated notifications, annual reporting,
dures,
timelimits and recovery of unlawful aid.

Accordingly the Commission wishes to inform Member States
and interested parties that from the date of publication of this
communication in the Official Journal of the European Union, the
in relation to any
Commission no longer intends to apply,
their legal
the following documents,
matter,
status:

irrespective of

1. Commission communication on the notification of State
aid to the Commission pursuant to Article 93(3) of the
EEC Treaty: the failure of Member States to respect their
obligations (3);

2. Commission communication (on the notification obliga-

tion) (4);

(1) OJ L 140, 30.4.2004.
(2) OJ L 83, 27.3.1999, p. 1.
(3) OJ C 252, 30.9.1980, p. 2.
(4) OJ C 318, 24.11.1983, p. 3.

1991

5. Commission letter to Member States SG(91) D/4577 of 4
March
States
concerning the procedures for the notification of aid plans
and procedures applicable when aid is provided in breach
of the rules of Article 93(3) of the EEC Treaty) (7);

(Communication

to Member

6. Guidance note on use of the de minimis facility provided
for in the SME guidelines (letter of 23 March 1993, IV/D/
6878 from DG IV to the Member States) (8);

7. Commission letter to Member States of 22 February 1995
(interest rates to be applied when aid granted unlawfully is
being recovered) (9);

8. Commission communication to the Member States (on the

recovery of aid granted unlawfully) (10);

9. Commission letter to Member States of 22 February 1994

(concerning notifications) (11);

(5) OJ C 3, 05.01.1985, p. 2.
(6) Competition Law in the European Communities, Volume IIA, Rules
applicable to State aid, Brussels-Luxembourg 1999, ISBN 92-828-
4008-5, English Version p. 58.

(7) Competition Law in the European Communities, Volume IIA, Rules
applicable to State aid, Brussels-Luxembourg 1999, ISBN 92-828-
4008-5, English Version p. 59.

(8) Competition Law in the European Communities, Volume IIA, Rules
applicable to State aid, Brussels-Luxembourg 1999, ISBN 92-828-
4008-5, English Version p. 64.

(9) Competition Law in the European Communities, Volume IIA, Rules
applicable to State aid, Brussels-Luxembourg 1999, ISBN 92-828-
4008-5, English Version p. 68.

(10) OJ C 156, 22.6.1995, p. 5.
(11) Competition Law in the European Communities, Volume IIA, Rules
applicable to State aid, Brussels-Luxembourg 1999, ISBN 92-828-
4008-5, English Version p. 70.

C 115/2

EN

Official Journal of the European Union

30.4.2004

10. Section A of the joint procedure for reporting and notifica-
tion under the EC Treaty and under the WTO Agreement
as identified in Commission letter to Member States of 2
August 1995; (1)

15. Commission letter to Member States of 27 June 1989
(Procedure pursuant to Article 93(2) of the EEC Treaty –
Notice to Member States and other parties concerned to
submit their comments) (6);

11. Commission letter to Member States SG(81) 12740 of 2

October 1981 (time limits for decisions) (2);

12. Commission letter to Member States of 30 April 1987
(Procedure pursuant to Article 93(2) of the EEC Treaty –
time-limits) (3);

13. Commission communication to the Member States on the
accelerated clearance of aid schemes for SMEs and of
amendments of existing schemes (4);

14. Accelerated procedure

for processing notifications of

employment aid Standard notification form (5);

16. Commission Letter to Member States of 11 October 1990
(Notice to Member States and other parties about aid cases
not objected to by the Commission) (7);

17.

‘Guide to procedures in State aid cases’ (8).

However,
the Commission also wishes to inform Member
States and interested parties that in so far as the provisions of
Chapter V of Regulation (EC) 794/2004 only apply to decisions
ordering the recovery of unlawful aid notified to Member
States after the date of entry into force of the Regulation, the
Commission communication of 8 May 2003 on the interest
rates to be applied when aid granted unlawfully is being recov-
ered (9) remains in effect as regards the execution by Member
States of recovery orders notified before that date.

(1) Competition Law in the European Communities, Volume IIA, Rules
applicable to State aid, Brussels-Luxembourg 1999, ISBN 92-828-
4008-5, English Version p. 72. Section B of this letter, which covers
reporting to the WTO under Article 25 of the Agreement on Subsi-
dies and Countervailing Measures, remains applicable.

(2) Competition Law in the European Communities, Volume IIA, Rules
applicable to State aid, Brussels-Luxembourg 1999, ISBN 92-828-
4008-5, English Version p. 89.

(3) Competition Law in the European Communities, Volume IIA, Rules
applicable to State aid, Brussels-Luxembourg 1999, ISBN 92-828-
4008-5, English Version p. 90.
(4) OJ C 213, 19.08.1992, p. 10.
(5) OJ C 218, 27.07.1996, p. 4.

(6) Competition Law in the European Communities, Volume IIA, Rules
applicable to State aid, Brussels-Luxembourg 1999, ISBN 92-828-
4008-5, English Version p. 99.

(7) Competition Law in the European Communities, Volume IIA, Rules
applicable to State aid, Brussels-Luxembourg 1999, ISBN 92-828-
4008-5, English Version p. 100.

(8) Competition Law in the European Communities, Volume IIA, Rules
applicable to State aid, Brussels-Luxembourg 1999, ISBN 92-828-
4008-5, English Version p. 23.

(9) OJ C 110, 8.5.2003, p. 21.