# L_2012112EN.01006001.xml

| 24.4.2012 | EN | Official Journal of the European Union | L 112/6 |
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24.4.2012

EN

Official Journal of the European Union

L 112/6

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ANNEX IV

List referred to in Article 16 of the Act of Accession: other permanent provisions

List referred to in Article 16 of the Act of Accession: other permanent provisions

2.   COMPETITION POLICY

COMPETITION POLICY

Treaty on the Functioning of the European Union, Part Three, Title VII, Chapter 1, Rules on Competition

| 1. | The following aid schemes and individual aid put into effect in Croatia before the date of accession and still applicable after that date shall be regarded upon accession as existing aid within the meaning of Article 108(1) of the TFEU:






  (a) | aid measures put into effect before 1 March 2002; |
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1.

The following aid schemes and individual aid put into effect in Croatia before the date of accession and still applicable after that date shall be regarded upon accession as existing aid within the meaning of Article 108(1) of the TFEU:

(a)

aid measures put into effect before 1 March 2002;

| (b) | aid measures listed in the Appendix to this Annex; |
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(b)

aid measures listed in the Appendix to this Annex;

| (c) | aid measures which prior to the date of accession were assessed by the Croatian Competition Agency and found to be compatible with the Union acquis, and to which the Commission did not raise an objection on the grounds of serious doubts as to the compatibility of the measure with the internal market, pursuant to the procedure set out in paragraph 2. |
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(c)

aid measures which prior to the date of accession were assessed by the Croatian Competition Agency and found to be compatible with the Union acquis, and to which the Commission did not raise an objection on the grounds of serious doubts as to the compatibility of the measure with the internal market, pursuant to the procedure set out in paragraph 2.

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All measures still applicable after the date of accession which constitute State aid and which do not fulfil the conditions set out above shall be considered as new aid upon accession for the purpose of the application of Article 108(3) of the TFEU.

The above provisions do not apply to aid to activities linked to the production, processing or marketing of products listed in Annex I to the TEU and the TFEU.

| 2. | To the extent that Croatia wishes the Commission to examine an aid measure under the procedure described in point (c) of paragraph 1, it shall provide the Commission regularly with:






  (a) | a list of existing aid measures which have been assessed by the Croatian Competition Agency and which that authority has found to be compatible with the Union acquis; and |
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2.

To the extent that Croatia wishes the Commission to examine an aid measure under the procedure described in point (c) of paragraph 1, it shall provide the Commission regularly with:

(a)

a list of existing aid measures which have been assessed by the Croatian Competition Agency and which that authority has found to be compatible with the Union acquis; and

acquis

| (b) | any other information which is essential for the assessment of the compatibility of the aid measure to be examined; |
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(b)

any other information which is essential for the assessment of the compatibility of the aid measure to be examined;

in accordance with the concrete reporting format provided by the Commission.

If the Commission does not object to the existing aid measure on the grounds of serious doubts as to the compatibility of the measure with the internal market, within three months of receipt of complete information on that measure or of receipt of the statement of Croatia in which it informs the Commission that it considers the information provided to be complete because the additional information requested is not available or has been already provided, the Commission shall be deemed not to have raised an objection.

All aid measures submitted to the Commission under the procedure described in point (c) of paragraph 1 prior to the date of accession are subject to that procedure irrespective of the fact that in the period of examination Croatia has already become a member of the Union.

| 3. | A Commission decision to object to a measure, within the meaning of point (c) of paragraph 1, shall be regarded as a decision to initiate the formal investigation procedure within the meaning of Council Regulation (EC) No 659/1999 of 22 March 1999 laying down detailed rules for the application of Article 93 of the EC Treaty (1) (now Article 108 of the TFEU).
  If such a decision is taken before the date of accession, the decision shall only come into effect upon the date of accession. |
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3.

A Commission decision to object to a measure, within the meaning of point (c) of paragraph 1, shall be regarded as a decision to initiate the formal investigation procedure within the meaning of Council Regulation (EC) No 659/1999 of 22 March 1999 laying down detailed rules for the application of Article 93 of the EC Treaty (1) (now Article 108 of the TFEU).

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If such a decision is taken before the date of accession, the decision shall only come into effect upon the date of accession.

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(1)  OJ L 83, 27.3.1999, p. 1.

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