Common use of Conclusion Clause in Contracts

Conclusion. Based on the information submitted by the Norwegian authori- ties, the Authority cannot exclude the possibility that the measure(s) under scrutiny constitute aid within the meaning of Article 61(1) of the EEA Agreement. Furthermore, the Authority has doubts that these measures can be regarded as complying with Article 61(3) of the EEA Agreement. The Authority thus doubts that the above measures are compatible with the functio- ning of the EEA Agreement. Consequently, and in accordance with Article 10 in Part II of Protocol 3 to the Surveillance and Court Agreement, the Autho- rity is obliged to open the procedure provided for in Article 1 (2) in Part I of Protocol 3 of the Surveillance and Court Agree- ment. The decision to open proceedings is without prejudice to the final decision of the Authority, which may conclude that the measures in question are compatible with the functioning of the EEA Agreement. In light of the foregoing considerations, the Authority, acting under the procedure laid down in Article 1(2) in Part I of Protocol 3 to the Surveillance and Court Agreement, requests the Norwegian authorities to submit their comments within one month of the date of receipt of this Decision. In light of the foregoing consideration, the Authority requires that, within one month of receipt of this decision, the Norwe- gian authorities provide all documents, information and data needed for assessment of the compatibility of both the sale of the air base and the renting out of the air base to LILAS. It requests the Norwegian authorities to forward a copy of this letter to the potential recipient of the aid immediately. The Authority would like to remind the Norwegian authorities that, according to the provisions of Protocol 3 to the Surveil- lance and Court Agreement, any incompatible aid unlawfully put at the disposal of the beneficiaries will have to be recovered, unless this recovery would be contrary to a general principle of EEA law, HAS ADOPTED THIS DECISION: The EFTA Surveillance Authority has decided to open the formal investigation procedure provided for in Article 1(2) in Part I of Protocol 3 to the Surveillance and Court Agreement against Norway regarding the sale of Lista air base and the lease agree- ment between the Norwegian Defence Estates Agency and LILAS. The Norwegian authorities are requested, pursuant to Article 6(1) in Part II of Protocol 3 to the Surveillance and Court Agree- ment, to submit their comments on the opening of the formal investigation procedure within one month from the notification of this Decision. xxxxxx and data needed for the assessment of the compatibility of the aid measure. The EC Commission shall be informed, in accordance with Protocol 27(d) of the EEA Agreement, by means of a copy of this Decision. Other EFTA States, EC Member States, and interested parties shall be informed by publishing this Decision in its authentic language version, accompanied by a meaningful summary in languages other than the authentic language version, in the EEA Section of the Official Journal of the European Union and the EEA Supplement thereto, inviting them to submit comments within one month from the date of publication. This Decision is addressed to the Kingdom of Norway. Only the English version is authentic. Done at Brussels, 6 June 2007. The Norwegian authorities are required to provide within one month from notification of this Decision, all documents, infor-

Conclusion. Based on the information submitted by the Norwegian authori- tiesIcelandic authorities, the Authority cannot exclude the possibility that the measure(s) under scrutiny 2007 amendments to the Harbour Act and certain aspects of the 2003 Harbour Act constitute aid within the meaning of Article 61(1) of the EEA Agreement. Furthermore, the Authority has doubts that these measures can be regarded as complying with Article 61(361(2)(b) or 61(3)(c) of the EEA Agreement, possibly in combination with the require- ments laid down in the Shipbuilding Guidelines or the Regional Aid Guidelines or by way of direct application. The Authority thus doubts that the above measures are compatible with the functio- ning functioning of the EEA Agreement. Consequently, and in accordance with Article 10 in 4(4) of Part II of Protocol 3 to the Surveillance and Court Agreement, the Autho- rity is obliged to open the procedure provided for in Article 1 (2) in of Part I of Protocol 3 of the Surveillance and Court Agree- ment. The decision to open proceedings is without prejudice to the final decision of the Authority, which may conclude that the measures in question do not constitute aid or are compatible with the functioning of the EEA Agreement. The Authority notes that were the measures to be identified as new aid within the meaning of Article 1(c) in Part II to Protocol 3 of the Surveillance and Court Agreement, any breach of the standstill operation leads to the classification of the aid as unlawful within the meaning of Article 1(f) of Part II of Protocol 3 to the Surveillance and Court Agreement. Unlawful aid which is not compatible with the EEA State aid provisions is subject to recovery. In light of the foregoing considerations, the Authority, acting under the procedure laid down in Article 1(2) in of Part I of Protocol 3 to the Surveillance and Court Agreement, requests invites the Norwegian Icelandic authorities to submit their comments on this Decision within one month of the date of receipt of this Decisionthereof. In light of the foregoing considerationconsiderations, the Authority requires that, invites the Icelandic authorities within one month of receipt of this decision, the Norwe- gian authorities to provide all documents, information and data needed for assessment of the compatibility of both the sale of the air base and the renting out of the air base to LILAS. It requests the Norwegian authorities to forward a copy of this letter to the potential recipient of the aid immediately. The Authority would like to remind the Norwegian authorities that, according to the provisions of Protocol 3 to the Surveil- lance and Court Agreement, any incompatible aid unlawfully put at the disposal of the beneficiaries will have to be recovered, unless this recovery would be contrary to a general principle of EEA lawabove measures, HAS ADOPTED THIS DECISION: The EFTA Surveillance Authority finds that as far as breakwater constructions, marking of approach channels, depth, protective installations and dredging are concerned, no State aid is involved as regards support for these projects under Article 24(2)(a), (b) and (c) of the 2003 Harbour Act. The damage compensation clause in 26(3), subparagraph 3, of the 2003 Harbour Act therefore does not involve any State aid within the meaning of Article 61(1) of the EEA Agreement, in so far as it relates to these projects. The EFTA Surveillance Authority has decided to open the formal investigation procedure provided for in Article 1(2) in of Part I of Protocol 3 to the Surveillance and Court Agreement against Norway Iceland regarding the sale 2007 amendments to the Harbour Act and certain aspects of Lista air base the 2003 Harbour Act, namely in relation to support for pilot vessels and the lease agree- ment between the Norwegian Defence Estates Agency and LILASquay installations. The Norwegian Icelandic authorities are requestedinvited, pursuant to Article 6(1) in of Part II of Protocol 3 to the Surveillance and Court Agree- mentAgreement, to submit their comments on the opening of the formal investigation investi- gation procedure within one month from the notification of this Decision. xxxxxx and data needed for the assessment of the compatibility of the aid measure. The EC Commission shall be informed, in accordance with Protocol 27(d) of the EEA Agreement, by means of a copy of this Decision. Other EFTA States, EC Member States, and interested parties shall be informed by publishing this Decision in its authentic language version, accompanied by a meaningful summary in languages other than the authentic language version, in the EEA Section of the Official Journal of the European Union and the EEA Supplement thereto, inviting them to submit comments within one month from the date of publication. This Decision is addressed to the Kingdom Republic of NorwayIceland. Only the English version is authentic. Done at Brussels, 6 June 12 December 2007. The Norwegian Icelandic authorities are required invited to provide within one month from notification of this Decision, all documents, infor-