EFTA SURVEILLANCE AUTHORITY
Doc.No. 97-7890-I Dec. No. 301/97/COL Ref. No. SAM 030.97.010
EFTA SURVEILLANCE AUTHORITY DECISION of 17 December 1997 on a limited extension of the validity of the map of assisted areas (Norway)
THE EFTA SURVEILLANCE AUTHORITY,
Having regard to the Agreement on the European Economic Area1, in particular to Articles 61 to 63,
Having regard to the Agreement between the EFTA States on the establishment of a Surveillance Authority and a Court of Justice2, in particular Article 1 of Protocol 3 thereof,
WHEREAS:
I. FACTS
The EFTA Surveillance Authority approved by Dec. No. 157/94/COL of 16 November 1994 the map of assisted areas eligible for regional investment aid in Norway.
The Authority decided in the same decision that, without prejudice to Article 1(1) of Protocol 3 to the Surveillance and Court Agreement, the map of areas eligible for regional investment aid should be applicable until 31 December 1997.
On 14 May 1997 (ref. Dec. No. 145/97/COL3, Doc. No. 97-466-I), the Authority drew the Norwegian Government’s attention to the fact that the map of assisted areas eligible for regional investment aid was valid only until the end of 1997, and that eligibility for regional aid is subject to the assessment and decision by the Authority. The Norwegian Government was i.a. requested to submit to the Authority a detailed proposal on the general map of assisted areas eligible for regional aid not later than 15
1 Hereinafter referred to as the EEA Agreement 2 Hereinafter referred to as the Surveillance and Court Agreement 3 Decision of 14 May 1997 to propose appropriate measures to Norway with regard to State aid in the form of regionally differentiated social security taxation (Aid No. 95-010)
I: sam/cases/ms/7010/7010dec1.doc October 1997. The Norwegian authorities were again reminded of the foreseen review of the map of assisted areas and the need to submit certain statistical information by letter of 8 September 1997 (ref. 97-5782-D).
The Norwegian Government submitted by letter dated 16 October 1997, received by the Authority on the same date (ref. 97-6572-A), a notification of proposed amendments to the general map of assisted areas in Norway.
The initial examination of the proposal showed that the notification was incomplete. The Authority therefore requested, by letter of 6 November 1997 (ref. 97-6963-D), the Norwegian authorities to submit additional information within 15 working days.
The Authority received certain statistical information from the Ministry of Local Government and Labour after its request for additional information. However, the Norwegian Government’s official reply to the request for additional information was only received on 10 December 1997 (ref. 97-7917-A). The Authority’s services have not finalized the examination of that reply.
The notification has been discussed informally with representatives from the Norwegian authorities in 2 meetings held in November 1997.
II. APPRECIATION
As the validity of the general map of assisted areas in Norway will expire at the end of 1997, the absence of a positive decision on the proposed general map of assisted areas, could lead to a situation where regional investment aid in Norway would become unlawful on procedural grounds. The absence of a system of regional aid approved by the Authority, would mean that awards of regional aid would have to be notified individually to the EFTA Surveillance Authority in order to be lawful on procedural grounds.
A certain period of time is needed for the Authority’s services to carry out its assessment on the possible compatibility with the EEA State aid rules of the proposed map of assisted areas in Norway.
The Authority received the official reply from Norway to its request for additional information by letter of 10 December 1997. It will therefore neither been possible for the Authority to complete its examination of whether it has received a complete notification, nor to assess the substance of the proposed amendments before the validity of the existing map of assisted areas would expire.
The Authority finds it appropriate, in order not to disrupt the current scheme of regional aid in Norway and to maintain legal certainty for undertakings and for public authorities responsible for granting regional aid in Norway, to extend the validity of the existing system of regional aid in Norway for a period of 4 months, i.e. until 30 April 1998.
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I: sam/cases/ms/7010/7010dec1.doc It may be seen from the section 3.2. of the Authority’s Procedural and Substantive Rules in the Field of State Aid adopted and issued on 19 January 1994 (State Aid Guidelines), that Norway as an EFTA State is under the obligation i.a. “not to put the proposed measure into effect until the EFTA Surveillance Authority has taken a decision on the case”. Consequently, the notified map of assisted areas shall not be put into effect
HAS ADOPTED THIS DECISION:
1. The validity of the EFTA Surveillance Authority decision of 16 November 1994 (Dec. No. 157/94/COL) on the map of assisted areas (Norway), shall be extended until 30 April 1998.
2. The Norwegian Government must not put the proposed system of regional investment aid notified to the Authority by letter of 16 October 1997 into effect.
3. This decision is addressed to Norway. The Norwegian Government is informed by means of a letter containing a copy of this decision.
4. The EC Commission is informed in accordance with Protocol 27(d), by means of a copy of this decision.
5. Other EFTA States, EC Member States, and interested parties are informed by the publishing of the attached notice in the EEA Section of the Official Journal of the European Communities and the EEA Supplement thereto,
Done at Brussels, 17 December 1997
For the EFTA Surveillance Authority
Knut Almestad President Hannes Hafstein College Member
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I: sam/cases/ms/7010/7010dec1.doc Annex 1
LIST OF AREAS COVERED BY TARGET ZONES A, B AND C
Target zone A General aid ceiling: 35 % NGE SME top-up: 15 % (gross)
County Municipalities eligible for regional investment aid Troms Kåfjord, Skjervøy, Nordreisa,Kvænagen
Finnmark All municipalities
Target zone B General aid ceiling: 25 % NGE SME top-up: 5 % (gross)
County Municipalities eligible for regional investment aid Hedmark Trysil, Åmot, S.Elvdal, Rendalen,,Engerdal, Tolga, Tynset, Alvdal, Folldal, Os,
Oppland Dovre, Lesja, Skjåk, Lom, Vågå, Sel
Telemark Seljord, Kviteseid, Nissedal, Fyresdal, Tokke, Tinn, Vinje
Møre og Romsdal Surnadal, Rindal, Aure, Halsa, Tustna, Smøla
Sør-Trøndelag Oppdal, Rennebu, Meldal, Røros, Holtålen, Tydal, Hemne, Snillfjord, Hitra, Frøya, Åfjord, Roan, Osen
Nord-Trøndelag Snåsa, Namsos, Namdalseid, Lierne, Røyrvik, Namsskogan, Grong, Høylandet, Overhalla, Fosnes, Flatanger, Vikna, Nærøy, Leka, Meråker, Verran
Nordland Røst, Værøy, Flakstad, Vestvågøy, Vågan, Hadsel, Bø, Øksnes, Sortland, Andøy, Moskenes, Narvik, Meløy, Gildeskål, Beiarn, Saltdal, Fauske, Skjerstad, Sørfold, Steigen, Hamarøy, Tysfjord, Lødningen, Tjeldsund, Evenes, Ballangen, Bindal, Sømna, Bronnøy, Vega, Vevelstad, Herøy, Alstahaug, Leirfjord, Vefsn, Grane, Hattfjell, Dønna, Nesna, Hemnes, Rana, Lurøy, Træna, Rødøy
Troms Karlsøy, Lyngen, Storfjord, Harstad, Kvæfjord, Skånland, Bjarkøy, Ibestad, Gratangen, Lavangen, Bardu, Salangen, Målselv, Sørreisa, Dyrøy, Tranøy, Torsken, Berg, Lenvik, Balsfjord
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I: sam/cases/ms/7010/7010dec1.doc Target zone C
General aid ceiling: 15 % NGE SME top-up: 10 % (gross)
County Municipalities eligible for regional investment aid Hedmark Grue, Åsnes, Våler
Oppland S Land, N Land, S Aurdal, Etnedal, N Aurdal, V Slidre, Ø Slidre, Vang, N Fron, S Fron, Ringebu, Gausdal
Buskerud Sigdal, Flå, Nes, Gol, Hemsedal, Ål, Hol, Rollag, Nore og Uvdal
Telemark Bø, Sauherad, Notodden, Nome, Hjartdal, Drangedal
Aust-Agder Gjerstad, Vegårshei, Åmli, Evje og Hornnes, Bygland, Valle, Bykle
Vest-Agder Åseral, Audnedal, Hægebostad, Sirdal
Rogaland Rogaland, Utsira, Hjelmeland, Suldal, Sauda, Kvitsøy
Hordaland Fedje, Masfjorden, Voss, Jondal, Odda, Ullensvang, Eidfjord, Ulvik, Granvin, Kvam, Modalen, Etne
Sogn og Fjordane Bremanger, Vågsøy, Selje, Eid, Hornindal, Gloppen, Stryn, Vik, Balestrand, Leikanger, Sogndal, Aurland, Lærdal, Årdal, Luster, Flora, Gaular, Jølster, Førde, Naustdal, Gulen, Solund, Hyllestad, Høyanger, Askvoll, Fjaler
Møre og Romsdal Gjemnes, Tingvoll, Sunndal, Norddal, Stranda, Stordal, Rauma, Nesset, Kristiansund, Averøy, Frei, Midsund, Sandøy, Eide, Vanylven, Sande
Sør-Trøndelag Ørland, Agdenes, Rissa, Bjugn
Nord-Trøndelag Leksvik, Mosvik
Nordland Bodø
Troms Tromsø
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I: sam/cases/ms/7010/7010dec1.doc