Details of arrangement for the electronic transmission of State aid notifications including addresses together with the arrangements for the protection of confidential information — Article 3(6) of Commission Regulation (EC) No 794/2004 of 21 April 2004 implementing Council Regulation (EC) No 659/1999 laying down detailed rules for the application of Article 93 of the EC Treaty   (Text with EEA relevance)
Date: 2005-09-27
Institutions: European Community
Subjects: State aid, confidentiality, control of State aid, data protection, data transmission, exchange of information, transmission network

27.9.2005

EN

Official Journal of the European Union

C 237/3

Details of arrangement for the electronic transmission of State aid notifications including addresses
together with the arrangements for the protection of confidential information

Article 3(6) of Commission Regulation (EC) No 794/2004 of 21 April 2004 implementing Council Regulation
(EC) No 659/1999 laying down detailed rules for the application of Article 93 of the EC Treaty

(2005/C 237/03)

(Text with EEA relevance)

1.
The present notice sets out the detailed arrangements for
the transmission of the electronic notification forms, which will
be compulsory as of 1 January 2006. It is based on Article 3(6)
of Commission Regulation (EC) No 794/2004 of 21 April
2004 implementing Council Regulation (EC) No 659/1999
laying down detailed rules for the application of Article 93 of
the Treaty. Article 3(6) requests the Commission to publish
these arrangements before 30 September 2005. The advisory
Committee for State aids has been consulted.

2.
The notifications forms of Annexe I Part 1 and 2 of Regu-
lation (EC) No 794/2004 will be made available in a Web-
application,
the different supplementary information sheets
(part III of Annexe I) will be annexed as a word document. The
address of the web application will be the following:

https://webgate.cec.eu.int/competition/sani

3. Member States are requested to nominate a Local Admin-
istrator as well as the person authorized to validate notifica-
tions as well as a replacement. The Commission will grant
them a login and password for the web-application which will
make sure that the incoming notifications are authorized.

Member States will have the possibility to sub-delegate certain
access rights to other persons depending on the internal organi-
sation of the Member States administration for the State aid
notifications. The sub-delegation shall not modify the authori-
zation to validate the notification.

4.
Subsequent correspondence between the Member States
and the Commission relating o the same notification will be
(Public Key Infrastructure)
electronically via
sent
encrypted e-mail system.

a PKI

The address for this e-mail system will be a functional mailbox
established within each DG responsible for the treatment of
State aid notifications. Each DG will introduce a certification
system which will make the e-mail correspondence secure and
confidential.

5.
Upon validation of the notification form and the corre-
sponding Supplementary Information Sheet (SIS), the system

will dispatch the notification to the Sec. Gen. and transfer the
core data into the ISIS (Integrated State Aid Information
System) database. Following that a notification of receipt will
automatically be send to the notifying Member State indicating
the delay within which the Commission intends to assess the
case preliminary as well as the DG which the case has been
attributed to by the system.

The delay will depend upon whether the Member State avails
himself of the simplified procedure of Article 4 of Regulation
(EC) No 794/2004.

In the case of the simplified procedures, the Commission
6.
will use its best endeavours to preliminarily assess the case
within a month's period.

In all other cases, the delay will be fixed at two months.

Subsequent correspondence relating to the particular notifica-
tion will be exchanged between the Member State and the DG
responsible via a PKI (Public Key Infrastructure) secured system.
Member States will inform the Commission of their representa-
tive authorized to receive the key and to manage the security
system. Two keys will be available per Member State. Member
States are responsible for the security guarantee of their own e-
mailing system between the sending point and the Authorized
Disclosure Officer (ADO)

7. Withdrawal of notifications should be done via the same
secured e-mail system. Decisions that a notification is deemed
to be withdrawn are decisions of the Commission; they will be
communicated to the Member State through the secured e-mail
system.

8.
Pre-notifications shall not be submitted via the web-based
system, but shall be sent by e-mail. Upon finalisation of the
informal contacts Member States will be requested to fill in the
formal notification through the web-application.

9.
The Commission will establish a functional mailbox
where all suggestions for improvements of the functioning of
the system and the Web based application shall/could be sent
to by Member States.