Subsequent Procedure Sample Clauses

Subsequent Procedure. The application is registered in the Registry of the EFTA Surveillance Authority. The date of receipt by the EFTA Surveillance Authority (or the date of posting if sent by registered post) is the effective date of the submission (see Article 4(1) of Chapter XII of Protocol 4 to the Surveillance and Court Agreement). However, special rules apply to incomplete applications (see under point E). The EFTA Surveillance Authority will acknowledge receipt of all applications in writing, indicating the case number attributed to the file. This number must be used in all future correspondence regarding the application. The receipt of acknowledgement does not prejudge the question whether the application is valid. Further information may be sought from the parties or from third parties and suggestions may be made as to amendments to the arrangements that might make them acceptable. An application for an exemption decision may be opposed by the EFTA Surveillance Authority if it has serious doubts as to whether the arrangements should benefit from an exemption decision. If, after having raised serious doubts under the opposition procedure, the EFTA Surveillance Authority intends to issue an exemption decision, it is obliged to publish a summary and invite comments from third parties (Article 26(3) of Chapter VI, Article 23(3) of Chapter IX and Article 16(3) of Chapter XI of Protocol 4 to the Surveillance and Court Agreement). Subsequently, a preliminary draft decision has to be submitted to and discussed with the appropriate Advisory Committee composed of officials of the competent authorities of the EFTA States. Where the case falls under Article 56(1)(b), (1)(c) and (3) of the EEA Agreement, representatives of the European Commission and the EC Member States will be invited to attend. Only then, and providing nothing has happened to change the EFTA Surveillance Authority's intention, can it adopt a decision. Sometimes files are closed without any formal decision being taken, for example, because it is found that the arrangements are already covered by a block exemption, or because they do not call for any action by the EFTA Surveillance Authority, at least in circumstances at that time. In such cases comfort letters are sent. Although not an EFTA Surveillance Authority decision, a comfort letter indicates how the EFTA Surveillance Authoritys Competition and State Aid Directorate views the case on the facts currently in their possession which means that the EFTA Survei...