225/1998 Coll.
The COMMUNICATION FROM the
Ministry of Foreign Affairs
Ministry of Foreign Affairs says that the 24 July. June 1998 was in
Brussels signed decision No 1/98 of the Association Council between the European
communities and their Member States, on the one hand, and the Czech
Republic, of the other part, of 24 September. June 1998 on the adoption of implementing
rules for the application of the provisions on State aid referred to in article
64 (1) (iii) and (2) pursuant to article 64 (3) of the Europe Agreement establishing an
Association between the European communities and their Member States, of the
one part, and the Czech Republic of the other part, and in article 8 (1)
(iii) and (2) of Protocol 2 to the agreement concerning products of the European
coal and Steel Community (ECSC). ^ 1)
Decision No 1/98 entered into force on the date of receipt and shall apply with
effective from 11. July 1998.
The Czech version of the decision shall be published at the same time.
An association between the European Union and the Czech Republic
The Association Council
Decision No 1/98
Association Council between the European communities and their Member States,
on the one hand, and the Czech Republic of the other part of 24 September. June
1998 on the adoption of implementing rules for the application of the provisions on State
the support referred to in article 64 (1) (iii) and (2) pursuant to article 64 (3)
The Europe Agreement establishing an association between the European communities and
their Member States, of the one part, and the Czech Republic, of the other
the other part, and in article 8 (1) (iii) and (2) of Protocol 2 to the agreement on the
ECSC products
The Association Council,
having regard to the Europe Agreement establishing an association between the European
communities and their Member States, on the one hand, and the Czech
Republic, of the other part, and in particular to article 64 (3) of this agreement,
having regard to Protocol 2 to the Europe agreement on ECSC products and especially
to article 8 (3) of this Protocol,
whereas that article 64 (3) of the Europe Agreement provides that the Council
an association shall, within three years of the entry into force of the agreement by decision of the
the necessary rules for the implementation of paragraphs 1 and 2 of this article,
whereas that recalls that in the meaning of article 64 (2) of the European
the agreement, the term "State aid", as referred to in article 64 (1) (iii)
The Europe Agreement, shall be assessed on the basis of criteria arising from the
the application of article 92 of the Treaty establishing the rules of the European Community,
and therefore involves aid granted by States in any form whatsoever, or from
of State resources which distorts or threatens to distort competition by
favouring certain undertakings or the production of certain in this
to the extent that it may affect trade between the European Community and the
Czech Republic, (State aid),
due to the fact that the Czech Republic will appoint a national institution
or management, which becomes a supervisory authority responsible for the
the matter of State aid, given that this supervisory authority
will be responsible for the analysis of existing and future individual
supporting the decision and support programmes in the Czech Republic and will have
the task of voicing their opinion on their compatibility
(compatibility) with article 64 (1) (iii) and (2) of the Europe Agreement and with
Article 8 (1) (iii) and (2) and (4) of Protocol 2 to the Europe agreement on
ECSC products,
due to the fact that the Czech Republic, in establishing the necessary rules
in particular, for ensuring the effective supervision shall ensure that the national supervisory authority
received in good time all the relevant information from the other
Government agencies at the Central, regional or local,
due to the fact that the Commission of the European communities in the context of
relevant Community programmes to help the supervisory authority
by providing documentation, training, study trips and other
the appropriate technical assistance,
has decided the following:
Sole article
Detailed rules for the application of the provisions on State aid referred to
in article 64 (1) (iii) and (2) pursuant to article 64 (3) of the Europe agreement
establishing an association between the European communities and their
Member States, of the one part, and the Czech Republic of the other part, and
in article 8 (1) (iii) and (2) of Protocol 2 to the agreement on ECSC products,
as indicated in the annex to this decision are hereby adopted.
ANNEX
Detailed rules for the application of the provisions on State aid referred to
in article 64 (1) (iii) and (2) pursuant to article 64 (3) of the Europe agreement
establishing an association between the European communities and their
Member States, of the one part, and the Czech Republic of the other part, and
in article 8 (1) (iii) and (2) of Protocol 2 to the agreement on ECSC products
MONITORING STATE AID SUPERVISORY AUTHORITIES
ARTICLE 1
MONITORING STATE AID SUPERVISORY AUTHORITIES
With regard to the procedural rules in force in the European Community
(The community) and in the Czech Republic the granting of State aid
monitored and assessed as to its compatibility with the Europe agreement
the responsible supervisory authorities in the community and in the Czech Republic.
The monitoring authority in the community, the Commission of the European communities
(The Commission) and the Ministry of finance in the Czech Republic.
DIRECTIVE FOR HEARING A CASE
ARTICLE 2
CRITERIA FOR THE COMPATIBILITY OF THE
1. Assessment of the compatibility of individual decisions about promotion and programs
with European settlement, as referred to in article 1 of these Rules, will be
carried out on the basis of criteria arising from the application of the rules in article
92 Treaty establishing the European Community, including current and future
secondary legislation, systems, guidelines and other relevant
administrative regulation applicable in the community as well as
case-law of the Court of first instance and the Court of Justice of the European
the community and the specific instructions that will be drawn up in accordance with article
4 (3).
2. The national supervisory authority of the Czech Republic will be informed of any
the regulations on the adoption, abolition or modification of the criteria
For the compatibility of the Community referred to in paragraph 1, provided that these are not
published, but are separately brought to the knowledge of all Member States.
3. when such changes meet with objections in the United States within the time limit
three months, they become the compatibility criteria, as stated in paragraph
1 of this article. If such changes will meet with objections in the United
Kingdom, and with regard to the approximation of legislation, as stated in the
The Europe Agreement, held consultations in the Committee of the association according to the
Article 7 of these rules.
4. The same principles will be applied in relation to other major
changes in the Community State aid policy.
Article 3 of the
DE MINIMIS AID
Support programmes or individual supportive decision that
do not include support for exports and the total amount of aid for a single
the company in a period of three years does not exceed 100 000 ECU, will be considered
measures having a negligible effect on competition and trade between the
The parties, and will not, therefore, assessed according to these rules. This
article does not apply to industries contained in the contract of
establishing the European coal and Steel Community, to shipbuilding, to
transport and support expenditure relating to agriculture or
fishing.
Article 4 of the
RELIEF
1. According to the definition of article 64 (4) (a) of the European Agreement on the Czech
Republic seen as identical with the areas of the Community area
referred to in article 92 (3) (a) of the Treaty establishing the European
the community.
2. The national supervisory authorities shall examine together the maximum amount of aid and the
specific regional coverage areas eligible for
national regional aid. Submit a joint proposal by the Association Committee,
who will make the decision in this matter.
3. the Commission and the national supervisory authority of the Czech Republic also will assess whether, in addition to
types of aid permitted within the community, may issue guidelines on the
compatibility of the aid intended to eliminate specific problems of the Czech
States in implementing the transition to a market economy.
CONSULTATIONS AND PROCEDURES TO RESOLVE THIS ISSUE
ARTICLE 5
EXAMINATION OF CERTAIN AIDS
1. Aid schemes or individual aid decision-whether they are
dealt with by the systems of the guidelines in the community or not-
where the amount of aid is greater than ECU 3 million, may be submitted to
the competent supervisory authority for the examination of the Subcommittee on the approximation
rights. Subcommittee on the approximation of the Law Committee of the Association shall submit a report,
which may take appropriate decisions and/or recommendations relating to
the compatibility of the aid programme or support a decision of the European
Agreement and with these rules.
2. The basic aim of such decisions or recommendations will prevent
to accept the aid as a result of the trade business
measures.
3. The Association Committee may decide that further expands the options
examination, as referred to in this article.
Article 6 of the
REQUEST FOR INFORMATION
Whenever the supervisory authority of one party finds that the program support or
individual support decision affects the important interests of that
The parties may from the responsible administrative institutions request the competent
information. In any case, both the supervisory authorities to try to
inform each other about significant circumstances which may have
practical meaning for the other side.
Article 7 of the
CONSULTATION AND UNDERSTANDING
1. Whenever the Commission or supervisory authority the United States considers that the
State aid to the territories, the authority for which is borne by the other party
liability significantly affects the important interests of his own party, the
request a consultation with the authority of the other party, or may require that
the national supervisory authority of the other party has taken appropriate measures to regularize the
axle. This applies without prejudice to any of the activities, in accordance with
legislation of the parties and without restrictions on the right of the final decision of the supervisory
the Office solicited-in this case and made under the provisions of the European
the agreement.
2. As follows from the supervisory authority in the full breadth and concerned shall examine these
opinions and factual elements, which may be submitted to the authority that
raised by the application, and in particular to consider the alleged negative effects on the important interests of the
the requesting party.
3. without prejudice to any of its rights and obligations, the supervisory
the Office shall make every effort in the course of the consultations under this article found in
period of three months, mutually acceptable solutions with regard to the
important interests.
Article 8 of the
SOLUTIONS TO PROBLEMS
1. If the consultations referred to in article 7 will not lead to a mutually agreed
the solution, this will be discussed in the Subcommittee on approximation of laws
provided for in the Europe agreement at the request of one of the parties, in
period of three months from the filing of this application.
2. After this exchange of views or after expiry of the period referred to in paragraph 1
the matter may be referred to the Committee of the Association, which may issue
appropriate recommendations to resolve these cases.
3. These procedures are not at the expense of any activity referred to in article 64 (6)
The Europe Agreement and article 8 (6) of Protocol 2 on ECSC products to the Europe
the agreement. Trading instruments should, however, be applied only after the exhaustion of the
all the other options.
Article 9
CONFIDENTIALITY AND THE CONFIDENTIALITY OF THE INFORMATION
1. Having regard to article 64 of the Europe Agreement (7) none of the supervisory
authorities shall be obliged to provide information to the other supervisory authority, if it is
the provision of such information to the requesting party is prohibited by law
applicable in the country of the administrative institutions that own this information.
2. each supervisory authority agrees that preserves the confidentiality of any
information, it gets to be kept confidential from the supervisory authority of the second
Party.
The TRANSPARENCY of the
ARTICLE 10
For a LIST of
1. In accordance with relevant Community programmes, the Commission will assist the United
Republic in the development and subsequent updating of the list of its
support programmes, as well as the individual support of the decision,
on the same basis as set out in the community, in order to ensure and
permanently improve transparency.
2. the Commission will be the Czech Republic regularly to provide information on
the documentation issued for the same purpose, and that applies to the Member
States of the community.
Article 11 of the
MUTUAL EXCHANGE OF INFORMATION
Each Party shall ensure transparency in the field of State aid by providing
proper documentation and the exchange of information about the politics of aid
base of regularity and reciprocity.
ECSC PRODUCTS
Article 12
THE TREATY ESTABLISHING THE EUROPEAN COAL AND STEEL COMMUNITY (ECSC)
The provisions of articles 1, 2, 4 (3) and 5 to 11 of these rules will apply
taking into account, mutatis mutandis, to the coal and steel sector, as
It is stated in the Protocol 2 to the Europe agreement on ECSC products.
Done at Brussels, 24 September 2003. June 1998
VARIOUS
Article 13 of the
ADMINISTRATIVE ASSISTANCE (LANGUAGES)
The Commission and the national supervisory authority of the Czech Republic shall take practical measures in the
the meaning of the mutual assistance or another appropriate solution, especially on the issue of
translations.
The Council of the Association:
J. Gray v. r.
the President of the
G. Testa in r.
J. Final in r.
the Secretaries of the
1) the Europe Agreement establishing an association between the Czech Republic on
one part, and the European communities and their Member States, of the
the other part of 4 November. October 1993 was promulgated under no. 7/1995 Sb.
