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Date: 20-Feb-2025 Category: Not Applicable State: Union Government Country: Europe

Decision of the EEA Joint Committee No 246/2024 of 25 October 2024 amending Annex XV (State aid) to the EEA Agreement [2025/237]

Issued by EEA Joint Committee · Not Applicable

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Executive Summary & Key Takeaways

What it means

  • The EEA Joint Committee Decision No 246/2024 amends Annex XV (State aid) to the EEA Agreement. This decision incorporates Commission Regulation (EU) 2023/2832 regarding de minimis aid for undertakings providing services of general economic interest into the EEA Agreement and repeals Commission Regulation (EU) No 360/2012.

Key Changes

  • Commission Regulation (EU) 2023/2832 of 13 December 2023, as corrected by OJ L, 2024/90320, 30.5.2024, is incorporated into the EEA Agreement.
  • Commission Regulation (EU) No 360/2012 is repealed under the EEA Agreement.
  • Article 1 of the decision replaces the text of point 1ha of Annex XV to the Agreement with the text of Commission Regulation (EU) 2023/2832, including adaptations for the EEA Agreement.
  • The adaptations include limiting the regulation's application to sectors covered by Articles 61 to 64 of the EEA Agreement, and modifying references to Treaty articles to align with the EEA Agreement and the Surveillance and Court Agreement.
  • The decision entered into force on 26 October 2024, provided that all notifications under Article 103(1) of the EEA Agreement have been made.

Impact Analysis

Businesses providing services of general economic interest within the EEA

  • Action Items: Businesses should review the new regulation to understand how it impacts their eligibility for and receipt of de minimis aid. They should also ensure compliance with the adapted provisions for the EEA Agreement.

EFTA States

  • Action Items: EFTA states should update their legal frameworks and administrative procedures to reflect the changes introduced by this decision. They should also communicate these changes to relevant stakeholders.

EEA Authorities

  • Action Items: EEA authorities should update their monitoring and enforcement mechanisms to reflect the new regulation. They should also provide guidance and support to businesses and EFTA states to facilitate compliance.

Key Entities Referenced

EEA Joint Committee: The decision-making body responsible for amending the EEA Agreement. Commission Regulation (EU) 2023/2832: Regulation on the application of Articles 107 and 108 of the Treaty on the Functioning of the European Union to de minimis aid granted to undertakings providing services of general economic interest. Commission Regulation (EU) No 360/2012: Regulation that has expired and is repealed by this decision. EEA Agreement: The Agreement on the European Economic Area. EFTA States: The non-EU countries that are part of the European Free Trade Association and participate in the EEA.
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Official Journal EN of the European Union L series 2025/237 20.2.2025 DECISION OF THE EEA JOINT COMMITTEE No 246/2024 of 25 October 2024 amending Annex XV (State aid) to the EEA Agreement [2025/237] THE EEA JOINT COMMITTEE, Having regard to the Agreement on the European Economic Area (“the EEA Agreement”), and in particular Article 98 thereof, Whereas: (1) Commission Regulation (EU) 2023/2832 of 13 December 2023on the application of Articles 107 and 108 of the Treaty on the Functioning of the European Union to de minimis aid granted to undertakings providing services of general economic interest(1), as corrected by OJ L, 2024/90320, 30.5.2024, is to be incorporated into the EEA Agreement. (2) Commission Regulation (EU) No 360/2012(2) which is incorporated into the EEA Agreement has expired and should consequently be repealed under the EEA Agreement. (3) Annex XV to the EEA Agreement should therefore be amended accordingly, HAS ADOPTED THIS DECISION: Article 1 The text of point 1ha (Commission Regulation (EU) No 360/2012) of Annex XV to the Agreement is replaced by the following: ‘32023 R 2832: Commission Regulation (EU) 2023/2832 of 13 December 2023 on the application of Articles 107 and 108 of the Treaty on the Functioning of the European Union to de minimis aid granted to undertakings providing services of general economic interest (OJ L, 2023/2832, 15.12.2023), as corrected by OJ L, 2024/90320, 30.5.2024. The provisions of the Regulation shall, for the purposes of this Agreement, be read with the following adaptations: (a) The following paragraph shall be added in Article 1: “3. This Regulation applies only to sectors covered by Articles 61 to 64 of the EEA Agreement.”. (b) In Articles 3(1) and 7(2), the words “Article 107(1) of the Treaty” shall read “Article 61(1) of the EEA Agreement”. (c) In Articles 3(1) and 7(2), as regards the EFTA States, the words “Article 108(3) of the Treaty” shall read “Article 1(3) of Part I of Protocol 3 to the Surveillance and Court Agreement”.’ Article 2 The text of Commission Regulation (EU) 2023/2832, as corrected by OJ L, 2024/90320, 30.5.2024, in the Icelandic and Norwegian languages, to be published in the EEA Supplement to the Official Journal of the European Union, shall be authentic. (1) OJ L, 2023/2832, 15.12.2023, ELI: http://data.europa.eu/eli/reg/2023/2832/oj. (2) OJ L 114, 26.4.2012, p. 8. ELI: http://data.europa.eu/eli/dec/2025/237/oj 1/2EN OJ L, 20.2.2025 Article 3 This Decision shall enter into force on 26 October 2024, provided that all the notifications under Article 103(1) of the EEA Agreement have been made(*). 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, 25 October 2024. For the EEA Joint Committee The President Anders H. EIDE (*) Constitutional requirements indicated. 2/2 ELI: http://data.europa.eu/eli/dec/2025/237/oj

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