EFTA 监管局决定No 789/08/COL,就援助通报的标准格式,修订学院决定No 195/04/COL,该学院决定实施关于涉及EFTA各成员国之间关于建立监管局和法院的协议的第3个议定书第II部分第27条的规定
技术法规类型:欧盟Eurlex法规 来源:tbtmap
EURLEX ID:E2008C0789
OJ编号:OJ L 340, 22.12.2010, p. 1-127
中文标题:EFTA 监管局决定No 789/08/COL,就援助通报的标准格式,修订学院决定No 195/04/COL,该学院决定实施关于涉及EFTA各成员国之间关于建立监管局和法院的协议的第3个议定书第II部分第27条的规定
原文标题:EFTA Surveillance Authority Decision No 789/08/COL of 17 December 2008 amending College Decision No 195/04/COL on the implementing provisions referred to under Article 27 in Part II of Protocol 3 to the Agreement between the EFTA States on the Establishment of a Surveillance Authority and a Court of Justice as regards the standard forms for notification of aid
分类:11.40.10.10_欧洲自由贸易区(EFTA)国家
文件类型:E Declaration|声明
生效日期:2009-01-01
废止日期:2058-12-31
法规全文:查看欧盟官方文件
| 22.12.2010 | EN | Official Journal of the European Union | L 340/1 |
EFTA SURVEILLANCE AUTHORITY DECISION
No 789/08/COL
of 17 December 2008
amending College Decision No 195/04/COL on the implementing provisions referred to under Article 27 in Part II of Protocol 3 to the Agreement between the EFTA States on the Establishment of a Surveillance Authority and a Court of Justice as regards the standard forms for notification of 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 27 in Part II of Protocol 3 to the Surveillance and Court Agreement,
WHEREAS on 14 July 2004, the EFTA Surveillance Authority adopted Decision No 195/04/COL on the implementing provisions referred to under Articles 27 to 29 in Part II of Protocol 3 to the Surveillance and Court Agreement (3),
WHEREAS the EFTA Surveillance Authority Decision No 195/04/COL established a compulsory comprehensive state aid notification form,
WHEREAS the EFTA Surveillance Authority adopted a new method for setting the reference and discount rates (4),
WHEREAS on 25 March 2008, the European Commission issued Regulation (EC) No 271/2008 amending Regulation (EC) No 794/2004 implementing Council Regulation (EC) No 659/1999 laying down detailed rules for the application of Article 93 of the EC Treaty (5),
WHEREAS on 31 October 2008, the European Commission issued Regulation (EC) No 1147/2008 amending Regulation (EC) No 794/2004 implementing Council Regulation (EC) No 659/1999 laying down detailed rules for the application of Article 93 of the EC Treaty, as regards Part III.10 of its Annex 1 (6),
AFTER CONSULTING the Advisory Committee on State Aid in accordance with Article 29 in Part II of Protocol 3 to the Surveillance and Court Agreement by letter dated 6 November 2008,
HAS ADOPTED THIS DECISION:
Article 1
The EFTA Surveillance Authority Decision No 195/04/COL is amended in accordance with Annex I to this Decision.
Article 2
The notification forms attached to the EFTA Surveillance Authority Decision No 195/04/COL are amended in accordance with Annex II to this Decision
Article 3
This Decision is addressed to the Republic of Iceland, the Principality of Liechtenstein and the Kingdom of Norway.
Article 4
This Decision shall enter into force on 1 January 2009.
Article 5
This Decision is authentic in the English language.
Done at Brussels, 17 December 2008.
For the EFTA Surveillance Authority
Per SANDERUD
President
Kristj谩n A. STEF脕NSSON
College Member
(1) Hereinafter referred to as the EEA Agreement.
(2) Hereinafter referred to as the Surveillance and Court Agreement.
(3) Decision No 195/04/COL of 14 July 2004 published in OJ L 139, 25.5.2006, p. 37, EEA Supplement No 26/2006, 25.5.2006, p. 1.
(4) Decision No 788/08/COL of 17 December 2008.
(6) OJ L 313, 22.11.2008, p. 1.
ANNEX I
The Authority's Decision No 195/04/COL is amended as follows:
| 1. | Article 3, ‘楾ransmission of notifications‘� is replaced by the following: ‘�. The notification shall be transmitted to the Authority by the Mission to the European Union of the EFTA State concerned or any other contact point designated by the EFTA State. It shall be addressed to the Competition and State Aid Directorate of the Authority. All subsequent correspondence shall be transmitted in the same manner to the Competition and State Aid Directorate or to the nominated contact point. 2. The Authority shall address its correspondence to the Mission to the European Union of the EFTA State concerned, or to any other address designated by that EFTA State. 3. As from 1 January 2006, notifications shall be transmitted electronically via the e-notification system on the Authority's website. All correspondence in connection with a notification which has been submitted electronically after 1 January 2006 shall also be transmitted electronically. 4. In exceptional circumstances and upon the agreement of the Authority and the EFTA State concerned, an agreed communication channel other than that referred to in paragraph 3 may be used for submission of a notification or any correspondence in connection with a notification. In the absence of such an agreement, any notification or correspondence in connection with a notification sent to the Authority by an EFTA State through a communication channel other than those referred to in paragraph 3 shall not be considered as submitted to the Authority. 5. Where the notification or correspondence in connection with a notification contains confidential information, the EFTA State concerned shall clearly identify such information and give reasons for its classification as confidential. 6. The EFTA States shall refer to the State aid identification number allocated to an aid scheme by the Authority in each grant of aid to a final beneficiary. The first subparagraph shall not apply to aid granted through fiscal measures.‘�/p> |
| 2. | In Article 8, paragraphs 3 and 4, are replaced by the following: ‘�. With regard to time limits for action by the Authority, the receipt of the notification or subsequent correspondence accordance with Article 3(1) and Article 3(3) of this Decision shall be the relevant event for the purpose of Article 3(1) of the Act on time limits. 4. With regard to time limits for action by the EFTA States, the receipt of the relevant notification or correspondence from the Authority in accordance with Article 3(2) of this Decision shall be the relevant event for the purposes of Article 3(1) of the Act on time limits.‘�/p> |
| 3. | Article 9, ‘楳ethod for fixing the interest rate‘� is replaced by the following: ‘�. Unless otherwise provided for in a specific decision, the interest rate to be used for recovering State aid granted in breach of Article 1(3) in Part I of Protocol 3 to the Surveillance and Court Agreement shall be an annual percentage rate which is fixed by the Authority in advance of each calendar year. 2. The interest rate shall be calculated by adding 100 basis points to the one-year money market rate. Where those rates are not available, the three-month money market rate will be used, or in the absences hereof, the yield on State bonds will be used. 3. In the absence of reliable money market or yield on stock bonds or equivalent data, or in exceptional circumstances the Authority may, in close co-operation with the EFTA State(s) concerned, fix a recovery rate on the basis of a different method and on the basis of the information available to it. 4. The recovery rate will be revised once a year. The base rate will be calculated on the basis of the one-year money market recorded in September October and November of the year in question. The rate thus calculated will apply throughout the following year. 5. In addition, to take account of significant and sudden variations, an update will be made each time the average rate, calculated over the three previous months, deviates more than 15 % from the rate in force. This new rate will enter into force on the first day of the second month following the months used for the calculation.‘�/p> |
| 4. | ln Article 11, paragraph 3 is replaced by the following: ‘�. The interest rate referred to in paragraph I shall be applied throughout the whole period until the date of recovery. However, if more than one year has elapsed between the date on which the unlawful aid was first put at the disposal of the beneficiary and the date of the recovery of the aid, the interest rate shall be recalculated yearly intervals, taking as a basis the rate in force at the time of recalculation.‘�/p> |
ANNEX II
| 1. | Annex I to Decision No 195/04/COL should be amended as follows: ‘PART I GENERAL INFORMATION STATUS OF THE NOTIFICATION Does the information transmitted on this form concern:
Please indicate below the reasons why the notifying EFTA State considers that the measure does not constitute State aid in the meaning of Article 61(1) of the EEA Agreement. Please complete the relevant parts of this form and provide all necessary supporting documentation. A measure will not constitute State aid if one of the conditions laid down in Article 61(1) of the EEA Agreement is not fulfilled. Please provide a full assessment of the measure in the light of the following criteria focusing in particular on the criterion which you consider not to be met:
1. Identification of the aid grantor
2. Identification of the aid
3. National legal basis
4. Beneficiaries
5. Amount of aid/Annual expenditure (10) In case of an individual aid, indicate the overall amount of each measure concerned: ‘�/p> In case of a scheme, indicate the annual amount of the budget planned and the overall amount: ‘�/p> For tax measures, please indicate the estimated annual and overall revenue losses due to tax concessions for the period covered by the notification: ‘�/p> If the budget is not adopted annually, please specify what period it covers: ‘�/p> If the notification concerns changes to an existing scheme, please give the budgetary effects of the notified changes to the scheme: ‘�/p> 6. Form of the aid and means of funding Specify the form of the aid made available to the beneficiary (where appropriate, for each measure):
Specify the financing of the aid: if the aid is not financed through the general budget of the State/region/municipality, please explain its way of financing:
7. Duration
8. Cumulation of different types of aid Can the aid be cumulated with aid received from other local, regional or, national or Community schemes to cover the same eligible costs?
If so, describe the mechanisms put in place in order to ensure that the cumulation rules are respected: ‘�/p> 9. Professional confidentiality Does the notification contain confidential information which should not be disclosed to third parties?
If so, please indicate which parts are confidential and explain why: ‘�/p> ‘�/p> ‘�/p> ‘�/p> Does the EFTA State submit a non confidential version of the notification on a voluntary basis?
If yes, the EFTA Surveillance Authority may publish this version without further asking the EFTA State to confirm its content. 10. Compatibility of the aid
11. Outstanding recovery orders
12. Other Information Please indicate here any other information you consider relevant to the assessment of the measure(s) concerned under State aid rules. 13. Attachments Please list here all documents which are attached to the notification and provide paper copies or direct internet links to the documents concerned. ‘�/p> ‘�/p> 14. Declaration I certify that to the best of my knowledge the information provided on this form, its annexes and its attachments is accurate and complete. Date and place of signature: ‘�/p> Signature: ‘�/p> Name and position of person signing: ‘�/p> ‘�span class="italic">PART III.6.a |
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