2002/849/EC: Decision No 1/2002 of the Association Council between the European Communities and their Member States, of the one part, and the Republic of Estonia, of the other part, of 15 January 2002 adopting the implementing rules for the application of the provisions on State aid referred to in Article 63(1)(iii) and (2) pursuant to Article 63(3) of the Europe Agreement establishing an association between the European Communities and their Member States, of the one part, and the Republic of Estonia, of the other part
Date: 2002-01-15
Institutions: EC–Estonia Association Council
Subjects: Estonia, State aid, association agreement (EU), cooperation policy, trading operation

1.11.2002

EN

Official Journal of the European Communities

L 299/43

II

(Acts whose publication is not obligatory)

COUNCIL

DECISION No 1/2002 OF THE ASSOCIATION COUNCIL BETWEEN THE EUROPEAN
COMMUNITIES AND THEIR MEMBER STATES, OF THE ONE PART, AND THE REPUBLIC OF
ESTONIA, OF THE OTHER PART

of 15 January 2002

adopting the implementing rules for the application of the provisions on State aid referred to in
Article 63(1)(iii) and (2) pursuant to Article 63(3) of the Europe Agreement establishing an associa-
tion between the European Communities and their Member States, of the one part, and the
Republic of Estonia, of the other part

(2002/849/EC)

THE ASSOCIATION COUNCIL,

Having regard to the Europe Agreement establishing an asso-
ciation between the European Communities and their Member
States, of the one part, and the Republic of Estonia, of the other
part (1), and in particular Article 63(3) thereof,

Whereas:

(1)

(2)

Article 63(3) of the Europe Agreement lays down that
the Association Council shall, by 31 December 1997,
adopt by decision the necessary rules for the implemen-
tation of paragraphs 1 and 2 of that Article.

the concept of

It is recalled that in accordance with Article 63(2) of the
Europe Agreement,
‘public aid’ as
contained in Article 63(1)(iii) of the Europe Agreement
is to be assessed on the basis of criteria arising from the
application of the rules of Article 87 of the Treaty estab-
lishing the European Community, and thus covers any
aid granted by the State or through State resources in
any form whatsoever which distorts or threatens to
distort competition by favouring certain undertakings or
the production of certain goods, in so far as it may affect
trade between the European Community and the
Republic of Estonia (State aid).

(4)

(5)

(6)

This monitoring authority will be responsible for the
analysis of existing and future individual aid awards and
programmes in the Republic of Estonia and will give an
opinion as to their compatibility with Article 63(1)(iii)
and (2) of the Europe Agreement.

The Republic of Estonia will, when providing for the
necessary rules to ensure effective supervision, ensure in
particular that the monitoring authority receives in due
time all the relevant information from the other govern-
ment departments at central, regional and local level.

the European Communities will,
The Commission of
under the relevant Community programmes, assist the
monitoring authority by providing for documentation,
training, study tours and other relevant technical assis-
tance,

HAS DECIDED AS FOLLOWS:

Article 1

(3)

The Republic of Estonia will appoint a national institu-
tion or administration to become a monitoring authority
with responsibility for State aid matters.

(1) OJ L 68, 9.3.1998, p. 3.

The implementing rules for the application of the provisions
on State aid referred to in Article 63(1)(iii) and (2) pursuant to
Article 63(3) of the Europe Agreement establishing an associa-
tion between the European Communities and their Member
States, of the one part, and the Republic of Estonia of the other
part, are hereby adopted.

L 299/44

EN

Official Journal of the European Communities

1.11.2002

These implementing rules shall enter into force on the first day of the month following the adoption of the
rules.

Article 2

Done at Brussels, 15 January 2002.

For the Association Council

The President

J. PIQUÉ I CAMPS