Decision No 1/98 Of The Association Council On The Rules Of State Aid

Original Language Title: Rozhodnutí č. 1/98 Rady přidružení o pravidlech státní podpory

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now

Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=46852&nr=225~2F1998~20Sb.&ft=txt

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.