Local view for "http://purl.org/linkedpolitics/eu/plenary/2009-04-22-Speech-3-408"
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"en.20090422.56.3-408"2
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"Firstly, I would like to mention that it is important to clarify that the EFTA states that are parties to the EEA Agreement – that is, Norway, Iceland and Liechtenstein – are subject to strict state aid discipline based on the EU model.
Article 61 of the EEA Agreement is closely modelled on Article 87 of the EC Treaty. The EFTA Surveillance Authority (ESA) is in charge of its implementation. Under Protocol 26 of the EEA Agreement, it is entrusted with equivalent powers to those of the European Commission in the field of state aid. Those states must notify any new state aid measure to the ESA and get its approval before putting it into effect. The ESA may also investigate alleged incompatible aid granted by these EFTA countries.
Switzerland is a different case, because it has not ratified the EEA Agreement. With Switzerland, the state aid rules are those laid down in the 1972 agreement between the European Economic Community and the Swiss Confederation. Under Article 23 thereof, state aid which affects trade between the Community and Switzerland and distorts or threatens to distort competition is incompatible with the agreement. Procedurally, in case of incompatible aid, the affected party can refer the matter to the joint committee established by the agreement and it can take safeguard measures if the granting party fails to put an end to the practice in question.
While remedies for incompatible aid are harder to obtain in Swiss cases, the Commission still endeavours to apply the provisions of the 1972 free trade agreement whenever possible and necessary. For example, on 13 February 2007, it took a decision concluding that three Swiss cantonal tax regimes were incompatible with the 1972 agreement, and it is currently negotiating with the Swiss authorities in order to find a satisfactory solution to this issue.
The Commission is aware that provisions on state aid found in existing trade agreements, such as the 1972 agreement with Switzerland, need to be improved and that is why, in line with the conclusions of its 2006 communication ‘Global Europe: competing in the world’, the objective of the Commission is to try and negotiate stronger rules on state aid and better remedies, such as the application of a dispute settlement mechanism, in future free trade agreements."@en1
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