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EFTA Surveillance Authority Decision No 313/06/COL of 25 October 2006 amending, for the fifty-ninth time, the procedural and substantive rules in the field of State aid by introducing a new chapter 10.B — State aid to promote risk capital investment in small and medium-sized enterprises

EFTA Surveillance Authority Decision No 313/06/COL of 25 October 2006 amending, for the fifty-ninth time, the procedural and substantive rules in the field of State aid by introducing a new chapter 10.B — State aid to promote risk capital investment in small and medium-sized enterprises

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,

Having regard to Article 1 of Part I of Protocol 3 to the Surveillance and Court Agreement,

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,

Whereas 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,

Recalling the Procedural and Substantive Rules in the Field of State Aid(4) adopted on 19 January 1994 by the Authority(5),

Whereas, on 19 July 2006, the Commission of the European Communities (hereinafter the Commission) adopted Community guidelines on State aid to promote risk capital investments in small and medium-sized enterprises(6),

Whereas this Communication is also of relevance for the European Economic Area,

Whereas 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 Authority, after consultation with the Commission, is to adopt acts corresponding to those adopted by the European Commission,

Having consulted the European Commission,

Recalling that the Authority has consulted the EFTA States by letters to Iceland, Liechtenstein and Norway on the subject dated 10 October 2006,

HAS ADOPTED THIS DECISION:

Article 1

The State Aid Guidelines shall be amended by introducing a new chapter 10.B on State aid to promote risk capital investments to small and medium-sized enterprises. The new chapter is contained in the Annex to this Decision.

Article 2

The EFTA States shall be informed of this Decision by means of a letter, together with a copy of the Decision, including the Annex. The EFTA States shall be requested to signify their agreement within two months to the proposed appropriate measures as set out in the letter (see points 83 to 85 of the Guidelines).

Article 3

The Commission shall be informed, in accordance with point (d) of Protocol 27 of the EEA Agreement, by means of a copy of this Decision, including the Annex.

Article 4

This Decision, including the Annex, shall be published in the EEA Section of and in the EEA Supplement to the Official Journal of the European Union.

Article 5

ANNEX