Brussels, 25 June 2003
Doc. No: 03-3913 D

Kommunal- og Regionaldepartementet
Att: Statsråd Erna Solberg
P.O. Box 8112 Dep
N-0032 Oslo
Norvège

Dear Ms. Solberg,

Subject: State Aid – Area for regional transport aid in Norway

I refer to your telefax concerning the area for regional transport aid in Norway, received by the Authority on 12 June 2003 and have the pleasure to provide the following comments:

You ask whether the Authority is still of the same opinion as expressed in meetings prior to March 25 of this year, or whether the Authority is willing to accept a new notification including larger parts of the regional aid map, or the entire area.

The State aid rules oblige the EFTA Member States to inform the EFTA Surveillance Authority, in sufficient time to enable it to submit its comments, of any plans to grant or alter aid. It is the obligation of the Authority to take a decision on the case. In other words, it is the role of the EFTA Member States to determine the scope of any aid measure they want to introduce, while it is the Authority’s role to determine the compatibility of the notified measures themselves. To facilitate the work of the EFTA Member States, the Authority has adopted State Aid Guidelines to provide national administrations with information on how the Authority interprets and applies the provisions of the EEA Agreement governing State aid. It should, however, be underlined that the Authority or its services cannot give binding views, or take any kind of decision, on measures that have not been notified to it and where the facts of the case are not known.

The purpose of the meetings between representatives of several Norwegian Ministries and the Competition and State Aid Directorate of the Authority prior to 25 March 2003 was to assist the Norwegian authorities to prepare a possible notification. In these meetings the representatives from the Competition and State Aid Directorate i.a. explained the State aid rules governing direct transport aid and gave only indicative non-binding views on the possible scope of a geographical area, which might be considered eligible for direct

transport aid. These views can in no way prejudge a future decision by the Authority which will have to be based on a careful assessment of what the Norwegian authorities actually notify, including the information which has only recently been provided.

I hope that this information will dispel any misunderstanding that may have arisen during earlier contacts.

Yours sincerely,

Einar M. Bull
President