EN Official Journal of the European Union L 154/27

EFTA SURVEILLANCE AUTHORITY DECISION

No 15/04/COL

of 18 February 2004

amending for the forty-first time the Procedural and Substantive Rules in the Field of State Aid by introducing a new chapter 9C: Professional secrecy in State aid decisions

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 (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 the European Commission issued a new communication C(2003) 4582 on professional secrecy in State aid decisions on 1 December 2003 (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 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. The State Aid Guidelines shall be amended by adding a new Chapter 9C with the title ‘Professional secrecy in State aid decisions’.

2. The new Chapter 9C to the State Aid Guidelines can be found in the Annex to this Decision.

3. The EFTA States shall be informed by means of a letter, including a copy of this Decision and including the Annex.

4. 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.

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

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

Done at Brussels, 18 February 2004. For the EFTA Surveillance Authority Hannes HAFSTEIN President Bernd HAMMERMANN College Member

(1) Hereinafter referred to as the EEA Agreement.

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

(3) It has to be noted that the amendments to Protocol 3 to the Surveillance and Court Agreement, following an agreement between EFTA States of 10.12.2001, amending Protocol 3 to the Agreement between the EFTA States on the Establishment of a Surveillance Authority and a Court of Justice, entered into force on 28.8.2003. These amendments incorporated ‘Council Regulation (EC) No 659/1999 of 22.3.1999, laying down detailed rules for the application of [ex] Article 93 of the EC Treaty’ into Protocol 3.

(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 19.1.1994, OJ No L 231 of 3.9.1994, EEA Supplement No 32, last amended by the Authority's Decision No 198/03/COL of 5.11.2003, not yet published. Hereinafter referred to as the State Aid Guidelines.

(5) Commission communication C(2003) 4582 of 1 December 2003 on professional secrecy in State aid decisions, published in OJ No C 297 of 9 December 2003, page 6.