EN Official Journal of the European Union L 97/41

EFTA SURVEILLANCE AUTHORITY DECISION

No 305/04/COL

of 1 December 2004

amending for the 48th time the procedural and substantive rules in the field of state aid by amending Chapter 16 ‘Aid for rescuing and restructuring firms in difficulty and proposal for appropriate measures’

THE EFTA SURVEILLANCE AUTHORITY,

Having regard to the Agreement on the European Economic Area (1), and in particular to Articles 61 to 63 and Protocol 26 thereof,

Having regard to the Agreement between the EFTA States on the establishment of a Surveillance Authority and a Court of Justice (2), and in particular to Article 24, Article 5(2)(b) and Article 1 in Part I of Protocol 3 and Articles 18 and 19 in Part II of Protocol 3 thereof (3),

Whereas under Article 24 of the Surveillance and Court Agreement, the EFTA Surveillance Authority shall give effect to the provisions of the EEA Agreement concerning State aid,

Whereas under Article 5(2)(b) of the Surveillance and Court Agreement, the EFTA Surveillance Authority shall issue notices or guidelines on matters dealt with in the EEA Agreement, if that Agreement or the Surveillance and Court Agreement expressly so provides or if the EFTA Surveillance Authority considers it necessary,

Recalling the Procedural and Substantive Rules in the Field of State Aid (4) adopted on 19 January 1994 by the EFTA Surveillance Authority,

Whereas, on 1 October 2004, the European Commission published a new Communication on Community Guidelines on State aid for rescuing and restructuring firms in difficulty and a proposal for appropriate measures pursuant to Article 88(1) of the EC Treaty (5),

Whereas this Communication is also of relevance for the European Economic Area,

Whereas a uniform application of the EEA State aid rules is to be ensured throughout the European Economic Area,

Whereas, according to point II under the heading ‘GENERAL’ at the end of Annex XV to the EEA Agreement, the EFTA Surveillance Authority is to adopt, after consultation with the European Commission, acts corresponding to those adopted by the European Commission,

Having consulted the European Commission,

Recalling that the EFTA Surveillance Authority has consulted the EFTA States in a multilateral meeting on 3 February 2004 on the subject,

HAS ADOPTED THIS DECISION:

1. Chapter 16 of the State Aid Guidelines is amended by replacing the present Chapter 16 with the text contained in the Annex to this Decision. Appropriate measures, contained in the Annex to this Decision, are proposed.

2. The EFTA States shall be informed by means of a letter, including a copy of this Decision and including the Annex. The EFTA States shall be required to signify their agreement to the appropriate measures within one month of receipt of this letter. The EFTA States shall comply with the new guidelines by 1 June 2005 at the latest.

3. The European Commission shall be informed, in accordance with point (d) of Protocol 27 of the EEA Agreement, by means of a copy of this Decision, including the Annex.

4. The Decision, including the Annex, shall be published in the EEA Section of the Official Journal of the European Union and in the EEA Supplement thereto.

5. In case the EFTA States accept the proposal for appropriate measures, a summary notice shall be published in the EEA Section of the Official Journal of the European Union and in the EEA Supplement thereto.

6. The Decision is authentic in the English language.

7. The Decision is addressed to Norway, Iceland and Liechtenstein.

Done at Brussels, 1 December 2004. For the EFTA Surveillance Authority Hannes HAFSTEIN President Einar M. BULL College Member

(1) Hereinafter referred to as the EEA Agreement.

(2) Hereinafter referred to as the Surveillance and Court Agreement.

(3) Protocol 3 to the Surveillance and Court Agreement, as amended by the EFTA States on 10 December 2001. These amendments incorporated Council Regulation (EC) No 659/1999 of 22 March 1999 laying down detailed rules for the application of [ex] Article 93 of the EC Treaty into Protocol 3 and entered into force on 28 August 2003.

(4) Guidelines on the application and interpretation of Articles 61 and 62 of the EEA Agreement and Article 1 of Protocol 3 to the Surveillance and Court Agreement, adopted and issued by the EFTA Surveillance Authority on 19 January 1994, published in OJ L 231, 3.9.1994, p. 1 and in the EEA Supplement No 32, last amended by the Authority’s Decision No 195/04/COL of 14 July 2004, not yet published. Hereinafter referred to as the State Aid Guidelines.

(5) Commission communication on Community Guidelines on State aid for rescuing and restructuring firms in difficulty (OJ C 244, 1.10.2004, p. 2).