Procedural rules
Article 62 – obligation to monitor the granting of state aid
Article 62 of the EEA Agreement requires the Authority (in the case of EFTA States party to the EEA Agreement) and the Commission (in the case of EU Member States) to monitor the granting of state aid across the EEA. For this purpose, various powers and functions are conferred upon the Authority by Protocol 26 to the Agreement. Protocol 27 provides for co-operation between the Authority and the Commission.
Articles 64 – relations with the Commission
Article 64 sets out the procedure in the event of any disagreement between the Authority and the Commission concerning the implementation of the state aid rules.
Protocol 26 – conferral of powers to monitor and enforce the state aid rules
Protocol 26 to the EEA Agreement provides for the Authority to be entrusted with equivalent powers and similar functions to those of the Commission in the field of state aid. It also provides that the procedural rules applicable to the Commission in the field of state aid apply also to the Authority.
Protocol 27 – co-operation with the Commission
Protocol 27 to the EEA Agreement contains rules for co-operation between the Authority and the Commission in order to ensure uniform implementation, application and interpretation of the state aid rules throughout the EEA.
Agreement on the establishment of a Surveillance Authority and a Court of Justice
Articles 5 and 24 of the Agreement between the EFTA States on the establishment of a Surveillance Authority and a Court of Justice (the Surveillance And Court Agreement) require the Authority to ensure the proper functioning of the EEA agreement in the field of state aid.
Protocol 3 to the Agreement sets out the functions and powers of the Authority in the field of state aid, including procedural rules.
