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

L_2010340EN.01000101.xml

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.

(5) OJ L 82, 25.3.2008, p. 1.

(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:

飫�/p>

a notification pursuant to Article 1(3) in Part I of Protocol 3 to the Agreement between the EFTA States on the Establishment of a Surveillance Authority and a Court of Justice?

飫�/p>

a possible unlawful aid (1)?

If yes, please specify the date of putting into effect of the aid. Please complete this form, as well as the relevant supplementary forms.

飫�/p>

a non-aid measure which is notified to the EFTA Surveillance Authority for reasons of legal certainty?

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:

‘�/p>

No transfer of public resources (For example, if you consider the measure is not imputable to the State or where you consider that regulatory measures without transfer of public resources will be put in place)

‘�/p>

No advantage (For example, where the private market investor principle is respected)

‘�/p>

No selectivity/specificity (For example, where the measure is available to all enterprises, in all sectors of the economy and without any territorial limitation and without discretion)

‘�/p>

No distortion of competition/no affectation of intra-EEA trade (For example, where the activity is not of an economic nature or where the economic activity is purely local)

1. Identification of the aid grantor

1.1.

EFTA State concerned ‘�/p>

1.2.

Region(s) concerned (if applicable) ‘�/p>

1.3.

Responsible contact person:

Name: ‘�/p>

Address: ‘�/p>

Telephone: ‘�/p>

Fax: ‘�/p>

E-mail: ‘�/p>

1.4.

Responsible contact person at the Mission to the European Union of the EFTA State concerned or any other contact point designated by the EFTA State:

Name: ‘�/p>

Telephone: ‘�/p>

Fax: ‘�/p>

E-mail: ‘�/p>

1.5.

If you wish that a copy of the official correspondence sent by the EFTA Surveillance Authority to the EFTA State should be forwarded to other national authorities, please indicate here their name and address:

Name: ‘�/p>

Address: ‘�/p>

‘�/p>

1.6.

Indicate EFTA State reference you wish to be included in the correspondence from the EFTA Surveillance Authority:

‘�/p>

1.7.

Please indicate the name and the address of the granting authority:

‘�/p>

‘�/p>

‘�/p>

‘�/p>

2. Identification of the aid

2.1.

Title of the aid (or name of company beneficiary in case of individual aid)

‘�/p>

2.2.

Brief description of the objective of the aid.

Please indicate primary objective and, if applicable, secondary objective(s):

Primary objective

(please tick one only)

Secondary objective (2)

Regional development

飫�/p>

飫�/p>

Research and development

飫�/p>

飫�/p>

Innovation

飫�/p>

飫�/p>

Environmental protection

飫�/p>

飫�/p>

Energy saving

飫�/p>

飫�/p>

Rescuing firms in difficulty

飫�/p>

飫�/p>

Restructuring firms in difficulty

飫�/p>

飫�/p>

Closure aid

飫�/p>

飫�/p>

SMEs

飫�/p>

飫�/p>

Employment

飫�/p>

飫�/p>

Training

飫�/p>

飫�/p>

Risk capital

飫�/p>

飫�/p>

Promotion of export and internationalisation

飫�/p>

飫�/p>

Services of general economic interest

飫�/p>

飫�/p>

Sectoral development (3)

飫�/p>

飫�/p>

Social support to individual consumers

飫�/p>

飫�/p>

Compensation of damage caused by natural disasters or exceptional occurrences

飫�/p>

飫�/p>

Execution of an important project of common European interest

飫�/p>

飫�/p>

Remedy for a serious disturbance in the economy

飫�/p>

飫�/p>

Heritage conservation

飫�/p>

飫�/p>

Culture

飫�/p>

飫�/p>

2.3.

Scheme - Individual aid (4)

2.3.1.

Does the notification relate to an aid scheme?

飫�yes

飫�no

‘�/p>

If yes, does the scheme amend an existing aid scheme?

飫�yes

飫�no

‘�/p>

If yes, are the conditions laid down for the simplified notification procedure pursuant to EFTA Surveillance Authority Decision No 195/04/COL fulfilled?

飫�yes

飫�no

‘�/p>

If yes, please use and complete the information requested by the simplified notification form (see Annex II).

‘�/p>

If no, please continue with this form and specify whether the original scheme which is being amended was notified to the EFTA Surveillance Authority.

飫�yes

飫�no

‘�/p>

If yes, please specify:

‘�/p>

Aid number: ‘�/p>

‘�/p>

Date of EFTA Surveillance Authority approval (reference of the decision (Decision ‘�‘�COL): ‘�/p>

‘�‘� ‘�/p>

‘�/p>

Duration of the original scheme: ‘�/p>

‘�/p>

Please specify which conditions are being amended in relation to the original scheme and why: ‘�/p>

2.3.2.

Does the notification relate to individual aid?

飫�yes

飫�no

‘�/p>

If yes, please tick the following appropriate box

飫�/p>

aid based on a scheme which should be individually notified

Reference of the authorised scheme:

Title: ‘�/p>

Aid number: ‘�/p>

Letter of EFTA Surveillance Authority approval: ‘�/p>

飫�/p>

individual aid not based on a scheme

2.3.3.

Does the notification relate to an individual aid or scheme notified pursuant to the 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) (5)?

飫�yes

飫�no

3. National legal basis

3.1.

Please list the national legal basis including the implementing provisions and their respective sources of references:

Title: ‘�/p>

‘�/p>

‘�/p>

‘�/p>

Reference (where applicable): ‘�/p>

‘�/p>

‘�/p>

3.2.

Please indicate the document(s) enclosed with this notification:

飫�/p>

A copy of the relevant extracts of the final text(s) of the legal basis (and a web link, if possible)

飫�/p>

A copy of the relevant extracts of the draft text(s) of the legal basis (and a web link, if existing)

3.3.

In case of a final text, does the final text contain a clause whereby the aid granting body can only grant after the EFTA Surveillance Authority has cleared the aid (stand still clause)?

飫�yes

飫�no

3.4.

Access to full text of schemes - in case of an aid scheme please:

‘�/p>

undertake to publish the full text of the final aid schemes on the internet.

飫�/p>

yes

Please provide the internet address: ‘�/p>

‘�/p>

confirm that the scheme will not be applied before the information is published on the internet.

飫�/p>

yes

4. Beneficiaries

4.1.

Location of the beneficiary(ies)

飫�/p>

in (an) unassisted region(s): ‘�/p>

飫�/p>

in (a) region(s) eligible for assistance under Article 61(3)(c) of the EEA Agreement (specify at NUTS-level 3 or lower): ‘�/p>

飫�/p>

mixed: specify: ‘�/p>

4.2.

Sector(s) of the beneficiary(ies):

飫�/p>

Not sector specific

飫�/p>

Sector specific, please specify according to NACE rev. 2 classification (6): ‘�/p>

4.3.

In case of an individual aid:

Name of the beneficiary: ‘�/p>

Type of beneficiary: ‘�/p>

飫�/p>

SME

Number of employees: ‘�/p>

Annual turnover: ‘�/p>

Annual balance-sheet: ‘�/p>

Independence: ‘�/p>

(please attach a solemn declaration in line with the Commission Recommendation on SME (7) or provide any other evidence to demonstrate the above criteria):

‘�/p>

飫�/p>

large enterprise

飫�/p>

firm in difficulties (8)

4.4.

In case of an aid scheme:

Type of beneficiaries:

飫�/p>

all firms (large firms and small and medium-sized enterprises)

飫�/p>

only large enterprises

飫�/p>

small and medium-sized enterprises (9)

飫�/p>

medium-sized enterprises

飫�/p>

small enterprises

飫�/p>

micro enterprises

飫�/p>

the following beneficiaries: ‘�/p>

Estimated number of beneficiaries:

飫�/p>

under 10

飫�/p>

from 11 to 50

飫�/p>

from 51 to 100

飫�/p>

from 101 to 500

飫�/p>

from 501 to 1 000

飫�/p>

over 1 000

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):

飫�/p>

Direct grant

飫�/p>

Reimbursable grant

飫�/p>

Soft loan (including details of how the loan is secured)

飫�/p>

Interest subsidy

飫�/p>

Tax advantage (please specify):

飫�/p>

Tax allowance

飫�/p>

Tax base reduction

飫�/p>

Tax rate reduction

飫�/p>

Tax deferment

飫�/p>

Other: ‘�/p>

飫�/p>

Reduction of social security contributions

飫�/p>

Provision of risk capital

飫�/p>

Other forms of equity intervention (please specify): ‘�/p>

飫�/p>

Debt write-off

飫�/p>

Guarantee (including amongst others information on the loan or other financial transaction covered by the guarantee, the security required and the premium to be paid)

飫�/p>

Other (please specify): ‘�/p>

For each instrument of aid, please give a precise description of its rules and conditions of application, including in particular the rate of award, its tax treatment and whether the aid is accorded automatically once certain objective criteria are fulfilled (if so, please mention the criteria) or whether there is an element of discretion by the awarding authorities.

‘�/p>

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:

飫�/p>

Through parafiscal charges or taxes affected to a beneficiary, which is not the State. Please provide full details of the charges and the products/activities on which they are levied. Specify in particular whether products imported from other EFTA States are liable to the charges. Annex a copy of the legal basis for the imposition of the charges

‘�/p>

飫�/p>

Accumulated reserves

飫�/p>

Public enterprises

飫�/p>

Other (please specify): ‘�/p>

7. Duration

7.1.

In the case of an individual aid:

Indicate the planned date to put into effect the aid (If the aid will be granted in tranches, indicate the planned date of each tranche):

‘�/p>

Specify the duration of the measure for which the aid is granted, if applicable:

‘�/p>

7.2.

In the case of a scheme:

Indicate the planned date from which the aid may be granted:

‘�/p>

Indicate the planned last date until which aid may be granted:

‘�/p>

If the duration exceeds six years, please demonstrate that a longer time period is indispensable to achieve the objective(s) of the scheme:

‘�/p>

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?

飫�yes

飫�no

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?

飫�yes

飫�no

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?

飫�yes

飫�no

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

10.1.

Please identify which of the existing Regulations, frameworks, guidelines and other texts applicable to state aid provide an explicit legal basis for the authorisation of the aid (where appropriate please specify for each measure) and complete the relevant supplementary information sheet(s) in part III

飫�/p>

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)

飫�/p>

Notification of an individual aid pursuant to Article 6 of Regulation (EC) No 800/2008

飫�/p>

Notification for legal certainty

飫�/p>

Regional aid

飫�/p>

Notification of aid pursuant to Guidelines on national regional aid for 2007-2013 (11)

飫�/p>

Notification of aid pursuant to point 64 of Guidelines on national regional aid for 2007-2013 (large investment projects)

飫�/p>

Research and development and innovation aid

飫�/p>

Aid for rescuing firms in difficulty

飫�/p>

Aid for restructuring firms in difficulty

飫�/p>

Aid for audio-visual production

飫�/p>

Environmental protection aid

飫�/p>

Risk capital aid

飫�/p>

Aid in the transport sector

飫�/p>

Shipbuilding aid

10.2.

Where the existing Regulations, frameworks, guidelines or other texts applicable to state aid do not provide an explicit basis for the approval of any of the aid covered by this form, please provide a fully reasoned justification as to why the aid could be considered as compatible with the EEA Agreement, referring to the applicable exemption clause of the Agreement (Article 59(2), Article 61(2)(a) or (b), Article 61(3)(a), (b) or (c)), as well as other specific provisions relating to Transport.

10.3.

Where the existing Regulations, frameworks, guidelines or other texts applicable to State aid do not provide an explicit basis for the approval and in so far that it is not requested by the relevant supplementary information sheet(s) in part III, please provide the following information concerning the likely impact of the notified measure on competition and trade between EEA Member States.

This information is necessary to complete the assessment made by the EFTA Surveillance Authority which balances the positive impact of the aid measure (reaching an objective of common interest) against its potentially negative side effects (distortions of trade and competition).

10.3.1.

For individual aid:

A.

Impact on competition: Please specify and describe the product markets on which the aid is likely to have a significant impact, the structure and dynamics of those markets and the indicative market share of the beneficiary:

‘�/p>

B.

Impact on trade between EEA Member States. Please provide information on the effects on trade (shift of trade flows and location of economic activity):

‘�/p>

10.3.2.

For aid schemes:

A.

Impact on competition: Please specify and describe the product markets on which the aid scheme is likely to have a significant impact, the structure and dynamics of those markets:

‘�/p>

B.

Impact on trade between EEA Member States. Please provide information on the effects on trade (shift of trade flows and location of economic activity)

‘�/p>

11. Outstanding recovery orders

11.1.

In the case of individual aid:

The authorities of the EFTA State commit to suspend the payment of the notified aid if the beneficiary still has at its disposal an earlier unlawful aid that was declared incompatible by an EFTA Surveillance Authority Decision (either concerning an individual aid or an aid scheme), until that beneficiary has reimbursed or paid into a blocked account the total amount of unlawful and incompatible aid and the corresponding recovery interest.

飫�yes

飫�no

11.2.

In the case of aid schemes:

The authorities of the EFTA State commit to suspend the payment of any aid under the notified aid scheme to any undertaking that has benefited from earlier unlawful aid declared incompatible by an EFTA Surveillance Authority Decision, until that undertaking has reimbursed or paid into a blocked account the total amount of unlawful and incompatible aid and the corresponding recovery interest.

飫�yes

飫�no

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>

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大连标准化公共服务平台

版权:大连标准化研究院有限公司

地址:大连市中山区高原街56号

电话:0411-82740851

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