Decision of the EEA Joint Committee No 123/2005 of  30 September 2005  amending Annex XV (State aid) and Protocol 26 (on the powers and functions of the EFTA Surveillance Authority in the field of State aid) to the EEA Agreement
Date: 2005-09-30
Institutions: EEA Joint Committee
Subjects: Iceland, Norway, State aid, control of State aid, operation of the Institutions, supervisory body

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EN

Official Journal of the European Union

22.12.2005

DECISION OF THE EEA JOINT COMMITTEE

No 123/2005

of 30 September 2005

amending Annex XV (State aid) and Protocol 26 (on the powers and functions of the EFTA
Surveillance Authority in the field of State aid) to the EEA Agreement

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) Annex XV to the Agreement was amended by Decision of the EEA Joint Committee No 131/2004 of

24 September 2004 (1).

(2)

Protocol 26 to the Agreement was amended by the Agreement on the participation of the Czech
Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Hungary, the Republic of
Latvia, the Republic of Lithuania, the Republic of Malta, the Republic of Poland, the Republic of
Slovenia and the Slovak Republic in the European Economic Area signed on 14 October 2003 in
Luxemburg (2).

(3) 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 (3), as
corrected by OJ L 25, 28.1.2005, p. 74 and OJ L 131, 25.5.2005, p. 45, is to be incorporated into the
Agreement.

(4) The incorporation into the Agreement of Regulation 794/2004 makes obsolete some points which
are incorporated into the Agreement in Annex XV, and are consequently to be deleted from the
Agreement,

HAS DECIDED AS FOLLOWS:

Article 1

Annex XV to the Agreement shall be amended as specified in Annex I to this Decision.

Article 2

Protocol 26 to the Agreement shall be amended as specified in Annex II to this Decision.

(1) OJ L 64, 10.3.2005, p. 67.
(2) OJ L 130, 29.4.2004, p. 3.
(3) OJ L 140, 30.4.2004, p. 1.

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Official Journal of the European Union

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Article 3

The text of Regulation (EC) No 794/2004, as corrected by OJ L 25, 28. 1.2005, p. 74 and OJ L 131,
25.5.2005, p. 45, in the Icelandic and Norwegian languages, to be published in the EEA Supplement to
the Official Journal of the European Union, shall be authentic.

This Decision shall enter into force on 1 October 2005, provided that all the notifications under
Article 103(1) of the Agreement have been made to the EEA Joint Committee (*).

Article 4

This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal
of the European Union.

Article 5

Done at Brussels, 30 September 2005.

For the EEA Joint Committee
The President
HSH Prinz Nikolaus von LIECHTENSTEIN

(*) No constitutional requirements indicated.

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Official Journal of the European Union

22.12.2005

Annex XV to the Agreement shall be amended as follows:

ANNEX I

The text of points 2 (C/252/80/p. 2: The notification of State aids to the Commission pursuant to Article 93 (3) of the
EEC Treaty), 3 (Letter from the Commission to the Member States SG(81) 12740 of 2 October 1981), 4 (Letter from
the Commission to the Member States SG(89) D/5521 of 27 April 1989), 5 (Letter from the Commission to the
Member States SG(87) D/5540 of 30 April 1989), 6 (Letter from the Commission to the Member States SG(90) D/
28091 of 11 October 1990), 7 (Letter from the Commission to the Member States SG(91) D/4577 of 4 March 1991),
importance), 10 (C/318/83/p. 3: Commission
8 (C/40/90/p. 2: Notification of an aid scheme of minor
Communication on aids granted illegally), 34 (C/3/85/p. 2: Commission communication on the cumulation of
aids for different purposes) shall be deleted.

Protocol 26 to the Agreement shall be amended as follows:

ANNEX II

1.

2.

3.

in Article 2, the words ‘the following act’ shall be replaced by ‘the following acts’;

Council Regulation (EC) No 659/1999 shall be numbered as point 1;

the following point shall be inserted after point 1 (Council Regulation (EC) No 659/1999):

‘2.

32004 R 0794: 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
(OJ L 140, 30.4.2004, p. 1), as corrected by OJ L 25, 28.1.2005, p. 74 and OJ L 131, 25.5.2005, p. 45.’