2003/545/EC: Decision No 3/2002 of the EU-Poland association council of 23 October 2002 extending the period set in Article 8(4) of Protocol 2 on European Coal and Steel Community (ECSC) products to the Europe Agreement
Date: 2002-10-23
Institutions: EC–Poland Association Council
Subjects: Poland, State aid, aid for restructuring, association agreement (EU), control of State aid, industrial restructuring, iron and steel industry

L 186/38

EN

Official Journal of the European Union

25.7.2003

DECISION No 3/2002 OF THE EU-POLAND ASSOCIATION COUNCIL

of 23 October 2002

extending the period set in Article 8(4) of Protocol 2 on European Coal and Steel Community
(ECSC) products to the Europe Agreement

(2003/545/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 Poland, of the other
part (1), and in particular Article 8(4) of Protocol 2 on
European Coal and Steel Community (ECSC) products thereof,

extended for a further period of eight years starting on 1
January 1997, or until the date of Poland's accession to the
European Union, whichever comes first. This extension shall be
subject to the fulfilment of the conditions laid down in Articles
2 and 3 of this Decision.

Whereas:

Article 2

(1)

(2)

(3)

(4)

(5)

Article 8(4) of Protocol 2 on European Coal and Steel
Community (ECSC) products to the Europe Agreement
(Protocol 2) lays down that during the first five years
after the entry into force of the Agreement, and by dero-
gation from paragraph 1(iii) of the same Article, Poland
may exceptionally, as regards steel products, grant public
aid for restructuring purposes, provided that this leads
to the viability of the benefiting firms under normal
market conditions at the end of the restructuring period,
that the amount and intensity of such aid are strictly
is absolutely necessary in order to
limited to what
restore viability and that the aid is progressively reduced,
and that the restructuring programme is linked to a
global rationalisation and reduction of overall produc-
tion capacity in Poland.

The initial period of five years expired on 31 December
1996.

Poland requested the extension of the abovementioned
period in April 1997.

According to the last sentence of Article 8(4) of Protocol
2, the Association Council shall, taking into account the
economic situation of Poland, decide whether the period
of five years can be extended.

It is appropriate to extend the said period for an addi-
tional period of eight years starting on 1 January 1997,
or until the date of Poland's accession to the European
Union, whichever comes first,

HAS DECIDED AS FOLLOWS:

Article 1

The period within which Poland may exceptionally, as regards
steel products, grant public aid for restructuring purposes
under the conditions listed in Article 8(4) of Protocol 2 shall be

to the Commission of

the European
Poland shall submit
Communities (the Commission) a restructuring programme and
business plans that meet the requirements listed in Article 8(4)
of Protocol 2 and that have been assessed and agreed by its
national State aid monitoring authority (the Office for Competi-
tion and Consumer Protection).

Article 3

The Commission shall provide a final assessment whether the
restructuring programme and business plans meet the require-
ments listed in Article 8(4) of Protocol 2. The Council of the
European Union shall act on the
the
programme and of the plans with the requirements of the said
Article.

compatibility of

The implementation of the plans shall be regularly monitored
by the Commission, for the Community, and by the national
State aid monitoring authority (the Office for Competition and
Consumer Protection), for the Polish part.

Article 4

This Decision shall enter into force on the day of its adoption
by the Association Council.

Done at Brussels, 23 October 2002.

For the Association Council

The President

P. S. MØLLER

(1) OJ L 348, 31.12.1993, p. 2.