The opinion referred to in point (c) of Protocol No 27 shall contain a description of the programme or, if necessary, of all the elements necessary for a proper evaluation of the programme or where appropriate (depending on the aid elements concerned such as the nature of the State aid, the household, the beneficiary, the duration). In addition, the reasons for initiating the procedure provided for in Article 93(2) of the Treaty establishing the European Economic Community or for the corresponding procedure under an agreement between the EFTA States establishing the EFTA Surveillance Authority shall be notified to the other Authority. The exchange of information between the two supervisory authorities shall be reciprocal. The Commission will apply the negative presumption to the application of the concept of harm to trade to all agreements, including agreements which, by their very nature, are likely to affect trade between EU countries, as well as to agreements concerning trade with companies established in third countries. Outside the scope of the negative presumption, the Commission shall take account of qualitative factors relating to the nature of the agreement or practice and the nature of the products concerning them. The Contracting Parties shall have the right to take decisions concerning the extension of the legal protection of topographies of semiconductor products to persons from third countries or territories which are not Parties to this Agreement and who do not enjoy the right to protection in accordance with the provisions of this Agreement. You can also enter into agreements to this effect. the concept of `perceptibility`: the criterion of control of trade contains a quantitative element which limits the competence of EU law to agreements and practices likely to have effects of a certain magnitude. The perceptibility may be assessed in particular on the basis of the position and importance of the undertakings concerned on the market for the products concerned.
The assessment of perceptibility depends on the circumstances of each case, in particular the nature of the agreement and practice, the nature of the products covered and the position of the parties on the market. In its Communication on small agreements, the Commission notes that agreements between small and medium-sized enterprises rarely have a significant impact on trade between EU countries. The Commission considers that, in principle, agreements are not such as to appreciably affect trade between EU countries if the following cumulative conditions are met: I have the honour to confirm my agreement to the above conditions. The provisions of the Agreements listed in Annex 3 shall prevail over the provisions of this Protocol in so far as they grant the EFTA States concerned more favourable trade arrangements than this Protocol. 2. Loans intended for the direct or indirect financing of an EC Member State or an EFTA State or its regional or local authorities may be granted or placed in other EC or EFTA Member States only if the States concerned have reached an agreement on the matter. However, under special conditions, taking into account in particular international agreements concluded with third countries, the obligation to be established in the customs territory of a Party may be waived for certain categories of authorised economic operators. In addition, each Contracting Party shall determine whether, and under what conditions, an airline or shipping company which is not established in its territory but which has a regional service there may benefit from that status. In all cases where divergent relations between one of the Contracting Parties and a third country shall be held without delay, consultations shall be held without delay, in accordance with paragraph 4, on the impact of such divergence on the pursuit of the free movement of goods under this Agreement. . . .