Decision of the EEA Joint Committee No 120/2008 of 7 November 2008 amending Annex XV (State aid) to the EEA Agreement
Date: 2008-11-07
Institutions: EEA Joint Committee
Subjects: European Economic Area, State aid, agreement (EU), common market, control of State aid, environmental protection, investment, vocational training

18.12.2008

EN

Official Journal of the European Union

L 339/111

DECISION OF THE EEA JOINT COMMITTEE

No 120/2008

of 7 November 2008

amending Annex XV (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)

(2)

(3)

(4)

Annex XV to the Agreement was amended by Decision of the EEA Joint Committee No 55/2007 of
8 June 2007 (1).

Commission Regulation (EC) No 800/2008 of 6 August 2008 declaring certain categories of aid
compatible with the common market in application of Articles 87 and 88 of the Treaty (General
block exemption Regulation) (2) is to be incorporated into the Agreement.

Regulation (EC) No 800/2008 repeals Commission Regulation (EC) No 1628/2006 (3) which is
incorporated into the Agreement and which is consequently to be repealed under the Agreement.

Commission Regulations (EC) No 68/2001 (4), (EC) No 70/2001 (5), (EC) No 2204/2002 (6), which
are incorporated into the Agreement, have expired and are therefore to be deleted under the
Agreement,

HAS DECIDED AS FOLLOWS:

Annex XV to the Agreement shall be amended as follows:

Article 1

1. The texts of points 1d (Commission Regulation (EC) No 68/2001), 1f (Commission Regulation (EC) No
70/2001), 1g (Commission Regulation (EC) No 2204/2002) and 1i (Commission Regulation (EC) No
1628/2006), including the related headings, shall be deleted with effect from 1 January 2009.

2. The following shall be inserted after point 1i (Commission Regulation (EC) No 1628/2006):

‘Aid to small and medium-sized enterprises, research, development, innovation, environmental
protection, regional investments, female entrepreneurship, employment and training

1j. 32008 R 0800: Commission Regulation (EC) No 800/2008 of 6 August 2008 declaring certain
categories of aid compatible with the common market in application of Articles 87 and 88 of the
Treaty (General block exemption Regulation) (OJ L 214, 9.8.2008, p. 3).

The provisions of the Regulation shall,
following adaptations:

for the purposes of this Agreement, be read with the

(a)

the term “Article 87(1) of the Treaty” shall read “Article 61(1) of the EEA Agreement”;

(b) the term “Articles 87 and 88 of

Agreement”;

the Treaty” shall read “Articles 61 and 62 of

the EEA

(c)

the term “Article 87(3) of the Treaty” shall read “Article 61(3) of the EEA Agreement”;

(1) OJ L 266, 11.10.2007, p. 15.
(2) OJ L 214, 9.8.2008, p. 3.
(3) OJ L 302, 1.11.2006, p. 29.
(4) OJ L 10, 13.1.2001, p. 20.
(5) OJ L 10, 13.1.2001, p. 33.
(6) OJ L 337, 13.12.2002, p. 3.

L 339/112

EN

Official Journal of the European Union

18.12.2008

(d) the term “Article 87(3)(a) of the Treaty” shall read “Article 61(3)(a) of the EEA Agreement”;

(e)

the term “Article 87(3)(c) of the Treaty” shall read “Article 61(3)(c) of the EEA Agreement”;

(f) as regards the EFTA States, the term “Article 88(3) of the Treaty” shall read “Article 1(3) of Part I

of Protocol 3 to the Surveillance and Court Agreement”;

(g) the term “compatible with the common market” shall read “compatible with the functioning of

the EEA Agreement”;

(h) the term “Commission” shall read “competent surveillance authority as defined in Article 62 of

the EEA Agreement”;

(i)

(j)

the term “Community registers” shall read “registers in the territory covered by the EEA
Agreement”;

the term “Annex I to the Treaty” shall read “listed in the Appendix to this Annex and covered by
the scope of the EEA Agreement”;

(k) the term “Community funding” shall read “Community or EEA funding”;

(l)

references to Community legislation do not imply that the EFTA States are obliged to comply
with the Community legislation when such legislation has not been incorporated into the
Agreement.’

3. In the heading to the Appendix, the words ‘1f(g)’ shall be replaced by ‘1j(j)’.

Article 2

The texts of Regulation (EC) No 800/2008 in the Icelandic and Norwegian languages, to be published in the
EEA Supplement to the Official Journal of the European Union, shall be authentic.

Article 3

This Decision shall enter into force on 8 November 2008, provided that all the notifications under
Article 103(1) of the Agreement have been made to the EEA Joint Committee (*).

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

Article 4

Done at Brussels, 7 November 2008.

For the EEA Joint Committee
The President

H.S.H. Prinz Nikolaus von LIECHTENSTEIN

(*) No constitutional requirements indicated.