L 263/8 Official Journal of the European Union 8.10.2005 (Acts whose publication is not obligatory) COMMISSION COMMISSION DECISION of 7 May 2004 on State aid C 44/03 (ex NN 158/01) which Austria is planning to implement for Bank Burgenland AG (notified under document number C(2004) 1625) (Only the German text is authentic) (Text with EEA relevance) (2005/691EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, and in particular the first subparagraph of Article 88(2) thereof, Having regard to the Agreement on the European Economic Area, and in particular Article 62(1)(a) thereof, Having regard to Council Regulation (EC) No 659/1999 of 22 March 1999 laying down detailed rules for the application of Article 93 of the EC Treaty (!), and in particular Article 7(3) thereof, Having called on interested parties to submit their comments pursuant to the provisions cited above () and having regard to their comments, Whereas: I. PROCEDURE () By letter dated 18 June 2002 and supplementary communications dated 3 July and 9 September 2002, Austria notified the guarantee agreements concluded by the Province of Burgenland and presented to the Commission a restructuring plan for Bank Burgen- land AG. () OJ L 83, 27.3.1999, p. 1. Regulation as amended by the 2003 Act of Accession. () O] C 141, 14.6.2002, p. 2. (2) By letter dated 26 June 2003, the Commission notified Austria of its decision to initiate in accordance with Article 88(2) of the EC Treaty the formal investigation procedure in respect of the State aid measures described. (3)  On 17 September 2003, following its application for an extension of the deadline, which was granted, Austria submitted its position on the decision to initiate the procedure, together with other documents and infor- mation. (4)  The Commission decision to initiate the procedure was published in the Official Journal of the European Union (3). The Commission invited interested parties to submit their comments on the aid. However, no comments were received. (5) By letter dated 19 December 2003, Austria announced that, as part of the process of privatising Bank Burgenland AG, it intended to amend the aid measures notified. (6) By letter dated 21 January 2004, the Commission notified Austria of its decision to extend the procedure under Article 88(2) of the EC Treaty to the planned amendments to the aid measures for restructuring Bank Burgenland AG. () O] C 189, 9.8.2003, p. 13.