State aid – the EFTA Surveillance Authority’s decision of 9 April 2003 to amend the Authority’s decision of 4 December 2002 to propose appropriate measures to Norway with regard to State aid in the form of guarantees under the Act on State Enterprises

Reference is made to the EFTA Surveillance Authority’s decision of 4 December 2002 (Dec. No. 236/02/COL) to propose appropriate measures to Norway with regard to State aid in the form of guarantees under the Act on State enterprises, and the Authority’s decision of 9 April 2003 (Dec. No. 60/03/COL) to amend the proposal for appropriate measures.

Obligations not linked to specific loans

According to Norwegian constitutional law, only the Parliament can repeal existing laws that have previously been adopted by the Parliament. In this context, a formal procedure, in part described in Section 75 following of the Constitution, has to be followed. As the Norwegian Government informed the Authority of in its letter of 19 February 2003, this will necessarily take some time. The Ministry of Labour and Administration has made a draft proposal, which is sent on a hearing within the ministries. The Government will as soon as possible, probably by the end of May/beginning of June, provide the Parliament with its formal amendment proposal. The Government may not instruct the Parliament to act, and therefore cannot control how soon the Parliament will act in this matter. However, the Government will request the Parliament to handle the matter as soon as possible, so that the time limit proposed by the Authority can be met. The Norwegian Government will send the amendment proposal to the Authority as soon as it has been sent to the Parliament.

Acceptance of the amended appropriate measures

The Norwegian Government is of the opinion that the measures communicated in this letter, its letter of 19 February 2003, together with the measures communicated in its letter of 16 January 2003, are in accordance with the amended proposed appropriate measures. Based on this understanding of the amended appropriate measures, the Norwegian Government hereby signifies its agreement to the proposed amended appropriate measures.

Yours sincerely,