Decision of the EEA Joint Committee

No 83/2003

of 20 June 2003

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 170/2002 of 6 December 2002(1).

(2) Commission Regulation (EC) No 2204/2002 of 12 December 2002 on the application of Articles 87 and 88 of the EC Treaty to State aid for employment(2), as corrected by OJ L 349, 24.12.2002, p. 126, is to be incorporated into the Agreement,

HAS DECIDED AS FOLLOWS:

Article 1

The following shall be inserted after point 1f (Commission Regulation (EC) No 70/2001) in Annex XV to the Agreement:

"Aid to employment

1g. 32002 R 2204: Commission Regulation (EC) No 2204/2002 of 12 December 2002 on the application of Articles 87 and 88 of the EC Treaty to State aid for employment (OJ L 337, 13.12.2002, p. 3), as corrected by OJ L 349, 24.12.2002, p. 126.

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

(a) the term 'Articles 87 and 88 of the EC Treaty' shall read 'Articles 61 and 62 of the EEA Agreement';

(b) the term 'Article 87(1) of the Treaty' shall read 'Article 61(1) of the EEA Agreement';

(c) the term 'Article 87(2)(b) of the Treaty' shall read 'Article 61(2)(b) of the EEA Agreement';

(d) the term 'Article 87(3) of the Treaty' shall read 'Article 61(3) of the EEA Agreement';

(e) the term 'Article 88(3)' shall read 'Article 1(3) of Protocol 3 to the Surveillance and Court Agreement';

(f) the term 'Article 87(3)(a) of the Treaty' shall read 'Article 61(3)(a) of the EEA Agreement';

(g) the term 'Article 87(3)(c) of the Treaty' shall read 'Article 61(3)(c) of the EEA Agreement';

(h) the term 'Member State' shall read 'EC Member State or EFTA State'. The term 'Member States' shall read 'EC Member States or EFTA States';

(i) the term 'Commission' shall read 'competent surveillance authority as defined in Article 62 of the EEA Agreement';

(j) Article 1(2), first paragraph, shall be replaced by the following: 'This Regulation shall apply to aid in all sectors covered by Articles 61 to 64 of the EEA Agreement, including the activities linked to the production, processing or marketing of products listed in the Appendix to this Annex and covered by the scope of the Agreement';

(k) in Articles 3 and 11, the words 'compatible with the common market' shall read 'compatible with the functioning of the EEA Agreement';

(l) in Annex I, the information should be provided to registry@eftasurv.int;

(m) in Annex II, the reports should be provided to registry@eftasurv.int."

Article 2

The texts of Regulation (EC) No 2204/2002 in the Icelandic and Norwegian languages, to be published in the EEA Supplement to the Official Journal of the European Union, shall be authentic.

Article 3

This Decision shall enter into force on 21 June 2003, 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, 20 June 2003.

For the EEA Joint Committee

The President

P. Westerlund

(1) OJ L 38, 13.2.2003, p. 34.

(2) OJ L 337, 13.12.2002, p. 3.

(3) No constitutional requirements indicated.