EFTA Surveillance Authority Decision No 637/08/COL of 8 October 2008 amending, for the sixty-sixth time, the procedural and substantive rules in the field of State aid
Date: 2008-10-08
Institutions: EFTA Surveillance Authority
Subjects: EFTA, European Economic Area, State aid, control of State aid, development aid, investment aid, regional aid, shipbuilding








L_2009148EN.01005501.xml










11.6.2009   


EN


Official Journal of the European Union


L 148/55







EFTA SURVEILLANCE AUTHORITY DECISION
         
No 637/08/COL
of 8 October 2008
         
amending, for the sixty-sixth time, the procedural and substantive rules in the field of State aid


THE EFTA SURVEILLANCE AUTHORITY (1),

HAVING REGARD to the Agreement on the European Economic Area (2), 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 (3), in particular to Article 24 and Article 5(2)(b) thereof,


WHEREAS under Article 24 of the Surveillance and Court Agreement, the 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 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 Authority considers it necessary,


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


WHEREAS, on 8 July 2008, the Commission of the European Communities (5) adopted a Communication concerning the prolongation of the Framework on State aid to shipbuilding (6) extending the validity of these guidelines until 31 December 2011,


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


WHEREAS 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 Authority, after consultation with the EC Commission, is to adopt acts corresponding to those adopted by the EC Commission,


HAVING consulted the EC Commission on 9 September 2008,


RECALLING that the Authority by letter of 9 September 2008 invited the EFTA States to submit comments on the subject and that the EFTA States did not present any objection,

HAS ADOPTED THIS DECISION:



Article 1
The validity of the Chapter in the EFTA Surveillance Authority’s Guidelines on State aid to shipbuilding is prolonged until 31 December 2011. Paragraph 31 of the Guidelines on State aid to shipbuilding shall read as follows:

                  ‘This Framework will be applicable from 1 January 2004 until 31 December 2011 at the latest. It may be reviewed by the Authority during this period.’
               
Footnote 1 of the Guidelines on State aid to shipbuilding shall read as follows:

                  ‘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), and on 8 July 2008 (OJ C 173, 8.7.2008, p. 3).’
               


Article 2
Only the English version is authentic.




Done at Brussels, 8 October 2008.


For the EFTA Surveillance Authority

Per SANDERUD
            

President

Kristján Andri STEFÁNSSON
            

College Member






(1)  Hereinafter referred to as ‘the Authority’.

(2)  Hereinafter referred to as ‘the EEA Agreement’.

(3)  Hereinafter referred to as ‘the Surveillance and Court Agreement’.

(4)  Guidelines on the application and interpretation of Articles 61 and 62 of the EEA Agreement and Article 1 of Protocol 3 to the Surveillance and Court Agreement, adopted and issued by the Authority on 19 January 1994, published in OJ L 231, 3.9.1994, and in EEA Supplement No 32 of 3.9.1994, p. 1. The Guidelines were last amended on 16 July 2008. Hereinafter referred to as ‘the State Aid Guidelines’. The updated version of the State Aid Guidelines is published on the Authority’s website: http://www.eftasurv.int/fieldsofwork/fieldstateaid/state_aid_guidelines/

(5)  Hereinafter referred to as ‘the EC Commission’.

(6)  
            OJ C 173, 8.7.2008, p. 3.