EFTA SURVEILLANCE AUTHORITY DECISION

No 34/10/COL

of 3 February 2010

amending, for the 79th time, the procedural and substantive rules in the field of State aid by introducing a new Chapter on the application of State aid rules in relation to rapid deployment of broadband networks

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.

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.

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

On 30 September 2009, the European Commission (hereinafter referred to as the Commission) published a Communication from the Commission ‘�Community Guidelines for the application of State aid rules in relation to rapid deployment of broadband networks (5).

The Commission‘檚 Communication is also of relevance for the European Economic Area.

Uniform application of the EEA State aid rules is to be ensured throughout the European Economic Area.

According to point II under the heading ‘楪ENERAL‘�at the end of Annex XV to the EEA Agreement, the Authority, after consultation with the Commission, is to adopt acts corresponding to those adopted by the Commission.

The Authority consulted the Commission, and the EFTA States by letters on the subject dated 22 January 2010 (Events No 543740, 543741 and 543742),

HAS ADOPTED THIS DECISION:

Article 1

The State Aid Guidelines shall be amended by introducing a new Chapter on the application of State aid rules in relation to rapid deployment of broadband networks. The new Chapter is contained in the Annex to this Decision.

Article 2

Only the English version is authentic.

(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 the Official Journal of the European Union L 231, 3.9.1994, p. 1 and EEA Supplement No 32, 3.9.1994, p. 1, as amended (hereinafter referred to as ‘the State Aid Guidelines‘�. The updated version of the State Aid Guidelines is published on the Authority‘檚 website: http://www.eftasurv.int/state-aid/legal-framework/state-aid-guidelines

(5) OJ C 235, 30.9.2009, p. 7.