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									918                      EN                              Official Journal of the European Union                                              23.9.2003


                                                                4. COMPETITION POLICY


1. Treaty establishing the European Community, Title VI, Chapter 1,                   beneficiary may make annual increases of 3% in the cap for
Rules on Competition.                                                                 production and 2% in the cap for sales. The cap for sales shall
                                                                                      take effect as from the date of accession. Output of specific
                                                                                      product types may vary on condition that combined output
(a) Notwithstanding Articles 87 and 88 of the EC Treaty and provided                  does not exceed the established caps;
    that the conditions set out below are fulfilled, Slovakia may apply
    until the end of the fiscal year 2008 the corporate income tax
    exemption granted on the basis of Government Regulation                        (ii) the beneficiary does not extend its range of groups of finished
    No 192/1998 Coll. to one beneficiary in the motor vehicle                           products existing on 13 December 2002;
    industry, provided that the total aid under this tax exemption
    does not exceed 30 % of the eligible investment costs of the
    relevant project incurred since 1998.                                         (iii) the total aid granted to the beneficiary on the basis of Act
                                                                                        No 366/1999 Z. z. on Income Tax does not exceed a total
                                                                                        of US $ 500 million. This aid can only be granted once and
   For the purposes of this paragraph, eligible costs shall be defined                  may not be extended or renewed under any circumstances. All
   on the basis of the Guidelines on national regional aid (1).                         aid granted to the same beneficiary during the transitional
                                                                                        period must be included within the level of US $ 500 million.

(b) Slovakia shall supply to the Commission monitoring reports
    containing the following information:                                         (iv) the beneficiary meets the terms of the privatisation contract
                                                                                       regarding the maintenance of employment levels.

   — on a half-yearly basis, information on the eligible investment
     undertaken by the aid beneficiary, and,                                      If the tax concession to the aid beneficiary is adapted in such a way
                                                                                  as to guarantee a significant reduction in the total aid amount while
                                                                                  not jeopardising viability, the Commission may review the above
   — on an annual basis, information on the aid granted to the aid                conditions in accordance with the procedure provided for in Article
     beneficiary under the aid scheme referred to above.                          88(1) of the EC Treaty. Before beginning this procedure, the
                                                                                  Commission shall take full account of the views of Member
                                                                                  States on whether a reduction of aid is significant. These views
                                                                                  shall be expressed on the basis of a Commission recommendation
   Slovakia shall provide the reports within four months of the end of            and on the basis of available relevant information.
   each half year or year, beginning by the end of April 2003. The
   first reports shall include the information relating to the years
   1998-2002. The last report shall be submitted by the end of
   August 2009, unless agreed otherwise by the Commission and                  (b) Slovakia shall supply to the Commission and the Council half-
   Slovakia.                                                                       yearly monitoring reports containing the following information as
                                                                                   regards the aid beneficiary:


(c) Without prejudice to the preceding paragraph, the provisions on
    monitoring contained in Council Regulation (EC) No 659/1999                   — production (in tonnes) of each of the following products: hot
    laying down detailed rules for the application of Article 93 of                 rolled coil, cold rolled sheet, galvanised sheet, tinplate, electrical
    the EC Treaty shall apply.                                                      sheet, organic coated sheet, welded tubes, as well as any other
                                                                                    product (to be specified);


(d) If the total aid reaches before the end of the fiscal year 2008 the
    maximum admissible level set out in paragraph (a), the tax                    — sales (in tonnes) of the above products in the enlarged EU;
    exemption shall be discontinued and the normal corporate
    income tax shall be due by the beneficiary for that part of the
    company's earnings whose exemption from the tax would result                  — development of employment in the company and the region as
    in exceeding the maximum admissible level.                                      well as progress in preparations for the orderly outplacement of
                                                                                    staff;

2. Treaty establishing the European Community, Title VI, Chapter 1,
Rules on Competition.                                                             — once a year, the cost of staffing in the year and since privati-
                                                                                    sation;

(a) Notwithstanding Articles 87 and 88 of the EC Treaty, Slovakia may
    apply until the end of the fiscal year 2009 the corporate income              — once a year, profits before tax for the fiscal year and the
    tax exemption on the basis of Act No 366/1999 Coll. on Income                   specified total amount of aid.
    Tax to one beneficiary in the steel industry, provided that the
    following conditions are fulfilled:
                                                                                  Slovakia shall provide these reports within four months of the end
                                                                                  of each half year, beginning by the end of April 2003. The first
      (i) the aid beneficiary caps its production of flat products and its        report shall include the information relating to the years 2000,
          sales of flat products (hot-rolled, cold-rolled and coated) in the      2001 and 2002. The last report shall be submitted by the end of
          enlarged EU. These caps shall be established on the basis of the        April 2010, unless agreed otherwise by the Commission, the
          figures concerned for the year 2001. As from 2002, the aid              Council and Slovakia.
23.9.2003              EN                             Official Journal of the European Union                                                  919


(c) Without prejudice to the preceding paragraph, the provisions on            earnings whose exemption from the tax would result in exceeding
    monitoring as contained in Council Regulation (EC) No 659/1999             the maximum admissible level.
    laying down detailed rules for the application of Article 93 of the
    EC Treaty shall apply.
                                                                            (e) If the beneficiary fails to meet the terms of the privatisation
                                                                                contract regarding the maintenance of employment levels, the aid
                                                                                shall be discontinued with immediate effect and the penalties
(d) If the total aid reaches the maximum admissible level set out in            provided for in the privatisation contract shall apply.
    subparagraph (a)(iii) before the end of the fiscal year 2009, the tax
    exemption shall be discontinued and the normal corporate income
    tax shall be due by the beneficiary for that part of the company's      (1) OJ C 74, 10.3.1998, p. 9.




                                                                  5. AGRICULTURE


A. AGRICULTURAL LEGISLATION                                                 market of fishery products (OJ L 268, 24.9.1991, p. 15), as last
                                                                            amended by:
32001 R 1260: Council Regulation (EC) No 1260/2001 of 19 June
2001 on the common organisation of the markets in the sugar sector
(OJ L 178, 30.6.2001, p. 1), as amended by:                                 — 31997 L 0079: Council Directive 97/79/EC of 18.12.1997 (OJ L
                                                                              24, 30.1.1998, p. 31).

— 32002 R 0680: Commission Regulation (EC) No 680/2002 of
  19.4.2002 (OJ L 104, 20.4.2002, p. 26).                                   (a) The structural requirements laid down in Annex I to Directive
                                                                                64/433/EEC, in Annexes A and B to Directive 77/99/EEC and in
                                                                                the Annex to Directive 91/493/EEC shall not apply to estab-
By way of derogation from Article 45 of Regulation (EC)                         lishments in Slovakia listed in the Appendix to this Annex until
No 1260/2001 and the corresponding Articles of the other Regulations            31 December 2006, subject to the conditions laid down below.
on the common organisation of agricultural markets, Slovakia may
until 31 December 2006 continue to grant State aid in order to
ensure the functioning of the warehouse receipt and goods receipt           (b) As long as the establishments referred to in paragraph (a) above
system laid down in Act No 144/1998 Z. z. on Warehouse Receipt                  benefit from the provisions of that paragraph, products originating
and Goods Receipt which entered into force on 1 June 1998.                      from those establishments shall only be placed on the domestic
                                                                                market or used for further processing in the same establishment,
                                                                                irrespective of the date of marketing. These products must bear a
Slovakia shall submit an annual report to the Commission on the                 special health/identification mark.
implementation of this State aid measure, indicating the form of the
aid and the amounts.
                                                                                The previous subparagraph also applies to all products originating
                                                                                from integrated meat establishments where a part of the estab-
B. VETERINARY LEGISLATION                                                       lishment is subject to the provisions of paragraph (a).

31964 L 0433: Council Directive 64/433/EEC on health conditions for
the production and marketing of fresh meat (OJ P 121, 29.7.1964,            (c) Slovakia shall ensure gradual compliance with the structural
p. 2012 and later amended and consolidated in OJ L 268, 29.6.1991,              requirements referred to in paragraph (a) in accordance with the
p. 71), as last amended by:                                                     deadlines for correcting existing shortcomings set out in the
                                                                                Appendix to this Annex. Slovakia shall ensure that only those
                                                                                establishments which fully comply with these requirements by
— 31995 L 0023: Council Directive 95/23/EC of 22.6.1995 (OJ L                   31 December 2006 may continue to operate. Slovakia shall
  243, 11.10.1995, p. 7);                                                       submit annual reports to the Commission on progress made in
                                                                                each of the establishments listed in the Appendix, including a list
                                                                                of the establishments which have corrected the existing short-
                                                                                comings during the year in question.
31977 L 0099: Council Directive 77/99/EEC of 21 December 1976 on
health problems affecting the production and marketing of meat
products and certain other products of animal origin (OJ L 26,
                                                                            (d) The Commission may update the Appendix to this Annex before
31.1.1977, p. 85 and later amended and updated in L 57, 2.3.1992,
                                                                                accession and until 31 December 2006, and in this context may
p. 4), as last amended by:
                                                                                add to a limited extent or delete individual establishments, in the
                                                                                light of progress made in the correction of existing shortcomings
                                                                                and the outcome of the monitoring process.
— 31997 L 0076: Council Directive 97/76/EC of 16.12.1997 (OJ L
  10, 16.1.1998, p. 25);
                                                                            Detailed implementing rules to ensure the smooth operation of the
                                                                            above transitional regime shall be adopted in accordance with Article
31991 L 0493: Council Directive 91/493/EEC of 22 July 1991 laying           16 of Directive 64/433/EEC, Article 20 of Directive 77/99/EEC and
down the health conditions for the production and the placing on the        Article 15 of Directive 91/493/EEC.

								
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