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,

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)  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.