EFTA Surveillance Authority Decision No 388/06/COL of 13 December 2006 amending for the sixty first time the Procedural and Substantive Rules in the Field of State Aid
Date: 2006-12-13
Institutions: EFTA Surveillance Authority
Subjects: EFTA, State aid, control of State aid, development aid, investment aid, regional aid

20.3.2008

EN

Official Journal of the European Union

L 81/81

IV

(Other acts)

EUROPEAN ECONOMIC AREA

EFTA SURVEILLANCE AUTHORITY

EFTA SURVEILLANCE AUTHORITY DECISION

No 388/06/COL

of 13 December 2006

amending for the sixty first time the Procedural and Substantive Rules in the Field of State Aid

THE EFTA SURVEILLANCE AUTHORITY,

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

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,

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

WHEREAS the European Commission has adopted on 22 November 2006 a new Community Framework for
State Aid for Research & Development & Innovation which is due to be published in its official version in
the Official Journal of the European Union at the end of December 2006,

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

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

(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 Supplement thereto No 32 on the same date,

last

amendment adopted by Decision of 29 November 2006.

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EN

Official Journal of the European Union

20.3.2008

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,

WHEREAS once the final official version of the new Community Framework for State Aid for Research &
Development & Innovation is available, the EFTA Surveillance Authority will be in the position to adopt
corresponding guidelines,

WHEREAS the current Chapter 14 will expire on 31 December 2006,

WHEREAS there is, therefore, a need to prolong the existing Chapter 14 until the EFTA Surveillance
Authority adopts corresponding guidelines to the new Community Framework for State Aid for Research
& Development & Innovation,

HAVING consulted the European Commission,

RECALLING that the EFTA Surveillance Authority has consulted the EFTA States in a letter on the subject
dated 13 November 2006,

HAS ADOPTED THIS DECISION:

1. The validity of Chapter 14 of the State Aid Guidelines, Aid for research and development is prolonged
until the EFTA Surveillance Authority has adopted new guidelines corresponding to the new Community
Framework for State Aid for Research & Development & Innovation. The former paragraph 2 of Section
14.9 of Chapter 14 of the State Aid Guidelines is replaced by a new paragraph 2 which shall read as
follows:

‘These guidelines will apply until new guidelines are adopted by the EFTA Surveillance Authority
corresponding to the new Community Framework for State Aid for Research & Development & Inno-
vation adopted by the European Commission on 22 November 2006.’

2. The EFTA States shall be informed by means of a letter, including a copy of this Decision.

3. The European Commission shall be informed by means of a letter, including a copy of this Decision.

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

of the European Union.

Done at Brussels, 13 December 2006.

For the EFTA Surveillance Authority

Bjørn T. GRYDELAND

President

Kristján A. STEFÁNSSON

College Member