EN Official Journal of the European Union L 63/29

EFTA SURVEILLANCE AUTHORITY DECISION

No 371/04/COL

of 15 December 2004

amending for the 49th time the Procedural and Substantive Rules in the Field of State aid by deleting Chapter 26 of the State aid guidelines on multisectoral framework on regional aid for large investment projects

THE EFTA SURVEILLANCE AUTHORITY,

Having regard to the Agreement on the European Economic Area (1), 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), in particular to Article 24, Article 5(2)(b) and Article 1 in Part I of Protocol 3 thereof,

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 (3) adopted on 19 January 1994 by the EFTA Surveillance Authority.

Whereas the EFTA Surveillance Authority adopted guidelines concerning multisectoral framework on regional aid for large investment projects on 4 November 1998 (4) for an initial trial period of three years which later was extended to 31 December 2002 and for some sectors remained applicable until 31 December 2003.

Whereas the Commission of the European Communities issued a new communication on multisectoral framework on regional aid for large investment projects on 19 March 2002 (5).

Whereas the EFTA Surveillance Authority adopted a similar framework in its College Decision 263/02/COL on 18 December 2002 (6) as a new Chapter 26A of the Guidelines.

Whereas Chapter 26A consists of the new multisectoral framework which entered into force respectively on 1 January 2003 or 1 January 2004 dependent on the relevant sector.

Whereas the former multisectoral framework on regional aid for large investment projects therefore should be deleted,

HAS ADOPTED THIS DECISION:

1. The State Aid Guidelines Chapter 26 shall be deleted.

2. The EFTA States shall be informed by means of a letter, including a copy of this Decision.

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

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

5. The Decision shall be authentic in the English language.

Done at Brussels, 15 December 2004. For the EFTA Surveillance Authority The President Hannes HAFSTEIN College Member Bernd HAMMERMANN

(1) Hereinafter referred to as the EEA Agreement.

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

(3) 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 (OJ L 231, 3.9.1994, EEA Supplement No 32), as last amended by the Authority’s Decision No 305/04/COL of 1 December 2004 (not yet published), hereinafter referred to as the State Aid Guidelines.

(4) OJ L 111, 29.4.1999, EEA Supplement No 18, corresponding to the Communication from the Commission — Multisectoral framework on regional aid for large investment projects (OJ C 107, 7.4.1998, p. 7).

(5) OJ C 70, 19.3.2002, p. 8.

(6) Not yet published.