EFTA Surveillance Authority Decision No 365/06/COL of 29 November 2006 amending, for the sixtieth time, the procedural and substantive rules in the field of State aid
Date: 2006-11-29
Institutions: EFTA Surveillance Authority
Subjects: EFTA, State aid, control of State aid, shipbuilding

L 166/28

EN

Official Journal of the European Union

28.6.2007

IV

(Other acts)

EUROPEAN ECONOMIC AREA

EFTA SURVEILLANCE AUTHORITY DECISION

No 365/06/COL

of 29 November 2006

amending, for the sixtieth time, the procedural and substantive rules in the field of State aid

THE EFTA SURVEILLANCE AUTHORITY,

WHEREAS, on 24 October 2006,
the
European Communities decided to prolong the Framework on
State Aid to Shipbuilding until 31 December 2008 (5),

the Commission of

HAVING REGARD to the Agreement on the European Economic
Area (1),
in particular to Articles 61 to 63 and Protocol 26
thereof,

WHEREAS this Communication is also of relevance for the
European Economic Area,

HAVING REGARD to the Agreement between the EFTA States on
the establishment of a Surveillance Authority and a Court of
Justice (2), in particular to Article 24 and Article 5(2)(b) thereof
and Article 1 in Part I of Protocol 3 thereof,

WHEREAS under Article 24 of
the Surveillance and Court
Agreement, the EFTA Surveillance Authority shall give effect
to the provisions of the EEA Agreement concerning State aid,

WHEREAS under Article 5(2)(b) of the Surveillance and Court
Agreement the EFTA Surveillance Authority shall issue notices
or guidelines on matters dealt with in the EEA Agreement, if
that Agreement or
the Surveillance and Court Agreement
expressly so provides or if the EFTA Surveillance Authority
considers it necessary,

WHEREAS a uniform application of the EEA State aid rules is to
be ensured throughout the European Economic Area,

WHEREAS, according to point II under the heading ‘GENERAL’
at the end of Annex XV to the EEA Agreement, the EFTA
Surveillance Authority is to adopt, after consultation with the
Commission, acts corresponding to those adopted by the
European Commission,

HAVING consulted the European Commission,

RECALLING that the EFTA Surveillance Authority has consulted
the EFTA States in a letter on the subject dated 27 October
2006,

HAS ADOPTED THIS DECISION:

RECALLING the Procedural and Substantive Rules in the Field of
State Aid (3) adopted on 19 January 1994 by the EFTA
Surveillance Authority (4),

(1) Hereinafter referred to as the ‘EEA Agreement’.
(2) Hereinafter referred to as the ‘Surveillance and Court Agreement’.
(3) Hereinafter referred to as the ‘State Aid Guidelines’.
(4) Initially published in OJ L 231, 3.9.1994, and in the EEA
last amended by

Supplement thereto No 32 on the same date,
Decision of 5 October 2006.

1. The validity of Chapter 24B of the State Aid Guidelines,
State aid to shipbuilding,
is prolonged until 31 December
2008. The former Paragraph 31 in Section 24B.7 of Chapter
the State Aid Guidelines is replaced by a new
24B of
Paragraph 31 which shall read as follows:

(5) Commission communication concerning the prolongation of

the
Framework on State aid to shipbuilding, (OJ C 260, 28.10.2006,
p. 7).

28.6.2007

EN

Official Journal of the European Union

L 166/29

‘This Framework will be applicable from 1 January 2004
until 31 December 2008 at the latest. It may be reviewed
by the Authority during this period.’

4. The EFTA States shall be informed by means of a letter,

including a copy of this Decision.

2. Footnote 1 to Chapter 24B of the State Aid Guidelines shall

read as follows:

5. The European Commission shall be informed, in accordance
with point (d) of Protocol 27 of the EEA Agreement, by
means of a copy of this Decision.

‘This Chapter corresponds to Community Framework on
State Aid to Shipbuilding (OJ C 317, 30.12.2003, p. 11),
as amended by the Commission on 24 October 2006
(OJ C 260, 28.10.2006, p. 7).’

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

3. Since Council Regulation (EC) No 1177/2002 of 27 June
2002 concerning a temporary defensive mechanism to ship-
building (1) expired on 31 March 2005, the references in
Chapter 24B of the State Aid Guideline to that Regulation
are no longer relevant. Accordingly, point 9 and point 12(e)
of Chapter 24B will no longer be applied by the Authority
with effect from 1 January 2007.

Done at Brussels, 29 November 2006.

For the EFTA Surveillance Authority

Bjørn T. GRYDELAND
President

Kristján A. STEFÁNSSON
College Member

(1) OJ L 172, 2.7.2002, p. 1. Regulation as amended by Regulation (EC)
No 502/2004 (OJ L 81, 19.3.2004, p. 6), incorporated into the EEA
Agreement by EEA Joint Committee Decisions No 170/2002 and
No 80/2004.