Decision of the EEA Joint Committee

No 170/2002

of 6 December 2002

amending Annex XV (State aid) to the EEA Agreement

THE EEA JOINT COMMITTEE,

Having regard to the Agreement on the European Economic Area, as amended by the Protocol adjusting the Agreement on the European Economic Area, hereinafter referred to as "the Agreement", and in particular Article 98 thereof,

Whereas:

(1) Annex XV to the Agreement was amended by Decision of the EEA Joint Committee No 88/2002 of 25 June 2002(1).

(2) Council Regulation (EC) No 1177/2002 of 27 June 2002 concerning a temporary defensive mechanism to shipbuilding(2) is to be incorporated into the Agreement,

HAS DECIDED AS FOLLOWS:

Article 1

The following point shall be inserted after point 1c (Council Regulation (EC) No 3094/95) in Annex XV to the Agreement:

"1ca. 32002 R 1177: Council Regulation (EC) No 1177/2002 of 27 June 2002 concerning a temporary defensive mechanism to shipbuilding (OJ L 172, 2.7.2002, p. 1).

The provisions of the Regulation shall, for the purposes of the present Agreement, be read with the following adaptations:

(a) the term 'Commission' shall read 'competent surveillance authority as defined in Article 62 of the EEA Agreement', except in Articles 2(2) and (5) as well as Article 4 where the term 'Commission' remains;

(b) in Article 3, the term 'Article 88 of the Treaty' shall read 'Article 62 of the EEA Agreement';

(c) in Article 3, the second sentence shall read: 'The EFTA Surveillance Authority shall adopt a decision according to Protocol 3 to the Agreement between the EFTA States on the Establishment of a Surveillance Authority and a Court of Justice.'"

Article 2

The text of Regulation (EC) No 1177/2002 in the Icelandic and Norwegian languages, to be published in the EEA Supplement to the Official Journal of the European Communities, shall be authentic.

Article 3

This Decision shall enter into force on 7 December 2002 provided that all the notifications under Article 103(1) of the Agreement have been made to the EEA Joint Committee(3).

Article 4

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

Done at Brussels, 6 December 2002.

For the EEA Joint Committee

The President

Kjartan Jóhannsson

(1) OJ L 266, 3.10.2002, p. 56.

(2) OJ L 172, 2.7.2002, p. 1.

(3) No constitutional requirements indicated.