EFTA Surveillance Authority Decision No 144/05/COL of 17 June 2005 amending, for the 50th time, the Procedural and Substantive Rules in the Field of State Aid, by re-enacting Chapter 17a: short-term export-credit insurance

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, on 11 December 2004, the Commission of the European Communities⁽⁵⁾ published a communication concerning the prolongation of the Communication on short-term export-credit insurance⁽⁶⁾;

WHEREAS this communication is also of relevance for the European Economic Area;

WHEREAS the rules corresponding to the Communication on short-term export-credit insurance were taken into Chapter 17A of the State Aid Guidelines;

WHEREAS Chapter 17A of the State Aid Guidelines expired on 31 December 2004;

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 EC Commission, acts corresponding to those adopted by the EC Commission;

HAVING consulted the EC Commission;

RECALLING that the EFTA Surveillance Authority has consulted the EFTA States in letters on the subject to Iceland, Liechtenstein and Norway dated 22 April 2005,

HAS ADOPTED THIS DECISION: