Procedural requirements. Pursuant to Article 1(3) in Part I of Protocol 3 to the Surveil- xxxxx and Court Agreement, ‘the EFTA Surveillance Authority shall be informed, in sufficient time to enable it to submit its comments, of any plans to grant or alter aid. […]. The State concerned shall not put its proposed measures into effect until the procedure has resulted in a final decision’. The State Aid Guidelines, Chapter on State Aid elements in sales of land and buildings by public authorities, states inter alia that the EFTA States should notify any sale of land and buildings by public authorities that was not concluded on the basis of an open and unconditional bidding procedure and any sale that was, in the absence of such procedure, conducted at less than market value. The Norwegian authorities did not notify the sale of Lista air base to the Authority. If the doubts of the Authority as to the sale below market price were confirmed, this would constitute State aid within the meaning of Article 61(1) of the EEA Agree- ment. In that case the Norwegian authorities would not have respected their obligations pursuant to Article 1(3) in Part I of Protocol 3 to the Surveillance and Court Agreement. Furthermore, the Norwegian authorities have also indicated that the rent paid under the LILAS agreement was below market value, which could result in some elements of State aid being involved prior to the signing of the sales agreement. If such were the case, the rent at lower than market value was not noti- fied to the Authority. This would also constitute a breach of the Norwegian authorities' obligations pursuant to Article 1(3) in Part I of Protocol 3 to the Surveillance and Court Agreement.
Procedural requirements. (308) Pursuant to Article 1(3) of Part I of Protocol 3 to the Agreement between the EFTA States on the Establishment of a Surveillance Authority and a Court of Justice (‘Protocol 3’): ‘The EFTA Surveillance Authority shall be informed, in sufficient time to enable it to submit its comments, of any plans to grant or alter aid. … The State concerned shall not put its proposed measures into effect until the procedure has resulted in a final decision.’
Procedural requirements. Pursuant to Article 1(3) of Part I of Protocol 3, ‘the EFTA Surveillance Authority shall be informed, in sufficient time to enable it to submit its comments, of any plans to grant or alter aid. … The State concerned shall not put its proposed measures into effect until the procedure has resulted in a final decision’. The Icelandic authorities submitted the notification in the present case on 1 September 2010. The Parliament adopted the Verne Act authorising the Icelandic authorities to enter into an Investment Agreement with Xxxxx on 7 June 2010 and the Investment Agreement was initialled on 23 October 2009. The Icelandic authorities have, however, assured the Authority that the Investment Agreement will not be signed and derogations will not be put into effect until the Authority has approved the aid measures. In these circumstances, the Authority considers that, by submitting the notification on 1 September 2010, the Icelandic authorities have complied with the notification requirement as regards the tax and fee concessions in the Investment Agreement.