EN Official Journal of the European Union L 240/9

EFTA SURVEILLANCE AUTHORITY DECISION

No 62/04/COL

of 31 March 2004

amending for the 45th time the procedural and substantive rules in the field of State aid by amending Chapter 24A: ‘State aid to maritime transport’ and Annex VIII and proposal for appropriate measures

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), 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 (5),

WHEREAS, on 17 January 2004, the Commission of the European Communities (hereinafter the EC Commission) published a Communication on Community guidelines on State aid to maritime transport and a proposal of appropriate measures pursuant to Article 8(1) of the EC Treaty (6),

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 EC Commission, acts corresponding to those adopted by the EC Commission,

HAVING consulted the EC 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 24A and Annex VIII of the State Aid Guidelines are amended by replacing the present Chapter 24A and Annex VIII 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 requested to signify their agreement to the appropriate measures by 30 June 2004 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 and in the EEA Supplement to the Official Journal of the European Union.

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

6. The Decision is authentic in the English language.

Done at Brussels, 31 March 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. The amendments entered into force on 28 August 2003.

(4) Hereinafter referred to as the State Aid Guidelines.

(5) Initially published in OJ L 231, 3.9.1994, and in the EEA Supplement thereto No 32 on the same date, last amended by College Decision No 41/04/COL of 17.3.2004, not yet published.

(6) OJ C 13, 17.1.2004, p. 3.