Proposal for a Council Decision on the position to be taken by the Community within the Association Committee established by the Europe Agreement between the European Communities and their Member States, of the one part, and Slovakia, of the other part, with regard to the adoption of a Regional aid map on the basis of which regional aid granted by Slovakia will be assessed
Date: 2003-08-07
Institutions: European Commission
Subjects: European Association Agreement, Slovakia, accession to the European Union, control of State aid, eligible region, regional aid, regional policy

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 7.8.2003
COM(2003) 487 final

2003/0187 (ACC)

Proposal for a

COUNCIL DECISION

on the position to be taken by the Community within the Association Committee
established by the Europe Agreement between the European Communities and
their Member States, of the one part, and Slovakia, of the other part, with regard
to the adoption of a Regional aid map on the basis of which regional aid granted
by Slovakia will be assessed

(presented by the Commission)

EXPLANATORY MEMORANDUM

1.

This  is  a  proposal  for  the  adoption  of  a  Regional  aid  map  on  the  basis  of
which regional aid granted by Slovakia will be assessed.

According  to  Article  64(4)(a)  of  the  Europe  Agreement,  the  Parties
recognised  that  during  the  first  five  years  after  its  entry  into  force,  any
regional  aid  granted  by  Slovakia  shall  be  assessed  taking  into  account  the
fact that Slovakia shall be regarded as an area identical to those areas of the
Community  described  in  Article  87(3)(a)  of  the  Treaty  establishing  the
European Community.

On 18 May 2001 the EU-Slovakia Association Council adopted decision No
3/2001  with  regard  to  the  extension  for  a  further  period  of  five  years  of
Slovakia  as  an  area  identical  to  those  areas  of  the  Community  described  in
Article  87(3)(a)  of  the  Treaty  establishing  the  European  Community.  The
decision was applied as from 1 March 1997 and has expired on 28 February
2002.

Article  2  of  decision  No  3/2001  obliged  Slovakia  to  submit  the  GDP  per
capita figures which have been harmonised at NUTS level II to the European
Commission  within  six  months  of  the  date  of  the  adoption  of  the  decision.
On  that  basis,  Slovakia  State  aid  monitoring  authority  (State  aid  Office  of
Slovakia)  and  the  European  Commission  jointly  evaluated  the  eligibility  of
the  regions  as  well  as  the  maximum  aid  intensities  in  relation  thereto,  in
order  to  draw  up  the  regional  aid  map  on  the  basis  of  the  Community
guidelines on national regional aid 1.

In reference to Article 4(2) of the Implementing Rules for the application of
the provisions on State aid of the Europe Agreement, it is considered that the
duration  of  the  Regional  aid  map  should  cover  the  period  between  28
February  2002,  the  expiry  date  of  the  period  for  which  Slovakia  was
considered as an area identical to those areas of the Community described in
Article 87(3)(a) of the Treaty in accordance with the decision of decision No
3/2001  of  the  EU-Slovakia  Association  Council  of  18  May  2001,  and  the
date of accession or 31 December 2006, whatever comes first. The inclusion
of 31 December 2006 as end date is important to maintain consistency with
the  maps  for  the  current  Member  States,  all  of  which  (except  the  map  for
Germany)  will  expire  on  that  date,  as  well  as  with  the  programming  of
Structural Funds support.

2.

According  to  the  Community  guidelines  on  national  regional  aid,  the
eligibility conditions for the derogation foreseen  under  Article 87(3)(a)  of the
Treaty are fulfilled if the region, being a NUTS level II geographical unit, has a
per  capita  gross  domestic  product,  measured  in  purchasing  power  standards
(GDP/PPS), of less than 75% of the Community average. In the case of regions
falling under Article 87(3)(a) the intensity of regional aid must not exceed the
rate of 50% net grant equivalent (NGE), except in the outermost regions, where

1

OJ C 74 of 10.3.1998, p. 9.

2

                                                
it may be as much as 65% NGE. In the NUTS level II regions eligible under
Article  87(3)(a)  whose  per  capita  GDP/PPS  is  greater  than  60%  of  the
Community average, the intensity of regional aid must not exceed 40% NGE,
except  in  the  outermost  regions,  where  it  may  be  as  high  as  50%  NGE.  The
GDP/PPS of each region and the Community average to be used in the analysis
must  relate  to  the  average  of  the  last  three  years  for  which  statistics  are
available.

Also  according  to  the  Community  guidelines  on  national  regional  aid,  a
national  ceiling  on  population  coverage  for  regions  eligible  under  Article
87(3)(c)  of  the  Treaty  is  set,  in  each  Member  State,  at  a  sufficient  level  to
include all the regions which have just  lost  their  Article  87(3)(a)  status  and
areas  with  a  low  population  density.  For  parts  of  the  regions  that  lose  their
Article 87(3)(a) status as a result of the review of the regional aid map and that
acquire  Article  87(3)(c)  status,  the  Commission  could  accept,  during  a
transitional  period  of  four  years,  a  progressive  reduction  of  the  aid  intensity
ceilings  for  which  such  regions  would  have  been  eligible  under  Article
87(3)(a),  at  a  linear  or  faster  rate,  until  the  intensity  ceiling  corresponding  to
their new status is reached.

In the case of regions falling under Article 87(3)(c), the  ceiling  on  regional
aid must not exceed 20% NGE, except in the low population density regions
or in the outermost regions, where it may be as high as 30% NGE. In regions
eligible under Article 87(3)(c), which have both a higher per capita GDP/PPS
and a lower unemployment rate than the respective Community average, the
intensity  of  regional  aid  must  not  exceed  10%  NGE  except  in  the  low
population  density  regions  or  in  the  outermost  regions,  where  it  may  be  as
high  as  20%  NGE.  Exceptionally  in  the  case  of  regions  subject  to  the  said
ceiling of  10%  NGE,  higher intensities  not  exceeding  the normal  ceiling of
20% NGE may be approved for regions (corresponding to NUTS level III or
smaller) adjoining a region with Article 87(3)(a) status. Again, the GDP/PPS
of each  region and  the  Community  average to be  used in  the  analysis  must
relate to the average of the last three years for which statistics are available.

In the case aid is granted to small and medium-sized enterprises2, the above aid
intensity ceilings may be raised by 15 percentage points gross grant equivalent
(GGE) in Article 87(3)(a) regions and by 10 percentage points GGE in Article
87(3)(c) regions.

The above ceilings constitute upper limits which apply to the total aid whenever
assistance  is  granted  concurrently  under  several  regional  schemes,  and
regardless  of  whether  it  comes  from  local,  regional,  national  or  Community
sources. Beneath these ceilings, regional aid intensity ceilings are to be adjusted
to reflect the seriousness and intensity of the regional problems addressed. The
seriousness  and  intensity  of  the  regional  problems  must  be  assessed  within
the  broader  context  of  the  Community  and  of  the  countries  with  which
Europe agreements have been concluded.

2

OJ L 107 of 30.4.1996, p. 4.

3

                                                
3.

4.

5.

6.

7.

Slovakia  consists  of  four  NUTS  level  II  regions.  Three  of  these  (Zapadne
Slovensko,  Stredne  Slovensko  and  Vychodne  Slovensko)  have  a  per  capita
GDP/PPS that is lower than 60% of the Community average according to the
statistical data available for the years 1998-2000. According the same data, the
NUTS level II region Bratislavsky has a per capita GDP/PPS that exceeds 75%
of the Community average. However, the Bratislavsky region, which is also a
single  NUTS  level  III  region,  had  been  eligible  for  Article  87(3)(a)  until  28
February  2002,  and  can  therefore  be  regarded  as  a  region  that  just  lost  its
Article 87(3)(a) status.

In  the  proposed  regional  aid  map,  the  NUTS  level  II  regions  Zapadne
Slovensko,  Stredne  Slovensko  and  Vychodne  Slovensko  are  granted  the
Article 87(3)(a) status and the regional aid intensities ceilings for these regions
are set at 50% NGE. This ceiling is raised by 15 percentage points GGE in the
case of aid granted to small and medium-sized enterprises.

As a former Article 87(3)(a) region, the NUTS level II region of Bratislavsky is
granted the Article 87(3)(c) status. Since Slovakia does not wish to make use of
the possibility to apply a transitional period during which aid intensities can be
progressively reduced, and considering that Bratislavsky is also a NUTS level
III region which adjoins regions with an Article 87(3)(a) status, the regional aid
intensity  ceiling  is  set  at  20%  NGE.  This  ceiling  is  raised  by  10  percentage
points GGE in the case of aid granted to small and medium-sized enterprises.

The Slovakian State aid monitoring authority and the European Commission
jointly  evaluated  the  proposed  regional  aid  map  for  Slovakia  (eligibility  of
the  regions  as  well  as  the  maximum  aid  intensities  in  relation  thereto)  and
concluded that it is in conformity with the Community guidelines on national
regional aid.

The  Commission  hereinafter  submits  the  joint  proposal  to  the  Council  and
requests  the  Council  to  adopt  the  attached  proposal  for  an  Association
Committee Decision.

4

2003/0187 (ACC)

Proposal for a

COUNCIL DECISION

on the position to be taken by the Community within the Association Committee
established by the Europe Agreement between the European Communities and
their Member States, of the one part, and Slovakia, of the other part, with regard
to the adoption of a Regional aid map on the basis of which regional aid granted
by Slovakia will be assessed

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular
Article 133 in conjunction with the first sentence of Article 300(2) first subparagraph
first sentence and second subparagraph thereof;

Having regard to the proposal of the Commission;

Whereas:

(1) 

(2) 

(3) 

(4) 

The  European  Communities  and  their  Member  States  signed  the  Europe
Agreement with the Slovakia in October 1993.

Article  64(4)(a)  of  the  Agreement  provides  that  the  Parties  recognise  that
during  the  first  five  years  after  the  entry  into  force  of  this  Agreement,  any
public  aid  granted  by  the  Slovak  Republic  shall  be  assessed  taking  into
account the fact that the Slovak Republic shall be regarded as an area identical
to those areas of the Community described in Article 92 (3) (a) of the Treaty
establishing the European Economic Community.

Article 4(2) of the Implementing Rules for the application of the provisions on
State Aid of the Europe Agreement, as adopted by the Decision No.6/2001 of
the EU Slovakia Association Council 0f 22 November 2001, provides that the
monitoring authorities shall jointly evaluate the maximum aid  intensities  and
specific regional coverage of the areas eligible for national regional aid. They
shall  submit  a  joint  proposal  to  the  Association  Committee  which  shall
establish a decision to this effect.

Article 2 of the decision No 3/2001of the EU – Slovakia Association Council
of 18 May 2001 with regard to the extension for a further period of five years
of Slovakia as an area identical to those areas of the Community described in
the  Article  87(3)(a)  of  the  Treaty  obliged  Slovakia  within  six  months  of  the
date  of  the  adoption  of  the  decision  to  submit  the  GDP  per  capita  figures
which have been harmonised at NUTS level II to the European Commission;

5

(5) 

(6) 

(7) 

(8) 

The  Slovakian  State  aid  monitoring  authority  and  the  European  Commission
jointly  evaluated  the  eligibility  of  the  regions  as  well  as  the  maximum  aid
intensities in relation thereto in order to draw up the regional aid map on the
basis of the Community guidelines on national regional aid 3;

According  to  Article  4(2)  of  the  Implementing  rules,  in  conjunction  with
Article  2,  third  sentence  of  Decision  No  3/2001  of  the  EU-Slovakia
Association  Council,  a  joint  proposal  shall  be  submitted  to  the  Association
Committee, which shall take a decision to this effect;

According to the Community guidelines on national regional aid, the eligibility
conditions  for  the  derogation  foreseen  under  Article  87(3)(a)  of  the  Treaty  are
fulfilled if the region, being a NUTS level II geographical unit, has a per capita
gross domestic product, measured in purchasing power standards (GDP/PPS), of
less than 75% of the Community average;

In the case of regions falling under Article 87(3)(a) the intensity of regional aid
must not exceed 50% NGE, except in the outermost regions, where it may be as
much as 65% NGE. In the NUTS level II regions eligible under Article 87(3)(a)
whose per capita GDP/PPS is greater than 60% of the Community average, the
intensity  of  regional  aid  must  not  exceed  40%  NGE,  except  in  the  outermost
regions, where it may be as high as 50% NGE;

(9) 

The  GDP/PPS  of  each  region  and  the  Community  average  to  be  used  in  the
analysis must relate to the average of the last three years for which statistics are
available;

(10)  Within the limit of 75% NGE, the above mentioned aid intensity ceilings may be
raised by 15 percentage points gross  grant  equivalent (GGE) in the case  of aid
granted to small and medium-sized enterprises4 in Article 87(3)(a) regions;

(11)  Also according to the Community guidelines on national regional aid, a national
ceiling on population coverage for regions eligible under Article 87(3)(c) of the
Treaty  is  set,  in  each  Member  State,  at  a  sufficient  level  to  include  all  the
regions which have just lost their Article 87(3)(a) status and areas with a low
population density. For parts of the regions that lose their Article 87(3)(a) status
as a result of the review of the regional aid map and that acquire Article 87(3)(c)
status, the Commission could accept, during a transitional period of four years, a
progressive reduction of the aid intensity ceilings for which such regions would
have  been  eligible  under  Article  87(3)(a),  at  a  linear  or  faster  rate,  until  the
intensity ceiling corresponding to their new status is reached;

(12) 

In the case of regions falling under Article 87(3)(c), the ceiling on regional aid
must not exceed 20% NGE, except in the low population  density regions or in
the outermost regions, where it may be as high as 30% NGE. In regions eligible
under  Article  87(3)(c),  which  have  both  a  higher  per  capita  GDP/PPS  and  a
lower unemployment rate than the respective Community average, the intensity

3

4

OJ C 74 of 10.3.1998, p. 9.
OJ L 107 of 30.4.1996, p. 4.

6

                                                
of regional aid must not exceed 10% NGE except in the low population density
regions  or  in  the  outermost  regions,  where  it  may  be  as  high  as  20%  NGE.
Exceptionally  in  the  case  of  regions  subject  to  the  said  ceiling  of  10%  NGE,
higher  intensities  not  exceeding  the  normal  ceiling  of  20%  NGE  may  be
approved  for  regions  (corresponding  to  NUTS level  III  or  smaller)  adjoining  a
region with Article 87(3)(a) status. Again, the GDP/PPS of each region and the
Community average to be used in the analysis must relate to the average of the
last three years for which statistics are available;

(13)  Within the limit of 30% NGE, the above mentioned aid intensity ceilings may be
raised  by  10  percentage  points  GGE  in  the  case  of  aid  granted  to  small  and
medium-sized enterprises5 in Article 87(3)(c) regions;

(14)  All  the  above  aid  intensity  ceilings  constitute  upper  limits  which  apply  to  the
total  aid  whenever  assistance  is  granted  concurrently  under  several  regional
schemes,  and  regardless  of  whether  it  comes  from  local,  regional,  national  or
Community  sources.  Beneath  these  upper  limits,  regional  aid  intensity  ceilings
are to be adjusted to reflect the seriousness and intensity of the regional problems
addressed;  the  seriousness  and  intensity  of  the  regional  problems  must  be
assessed  within  the  broader  context  of  the  Community  and  of  the  countries
with which Europe Agreements have been concluded;

(15)  Slovakia  consists  of  four  NUTS  level  II  regions.  Three  of  these  (Zapadne
Slovensko,  Stredne  Slovensko  and  Vychodne  Slovensko)  have  a  per  capita
GDP/PPS  that  is  lower  than  60%  of  the  Community  average  according  to  the
statistical data available for the years 1998-2000. According the same data,  the
NUTS level II region Bratislavsky has a per capita GDP/PPS that exceeds 75%
of  the Community  average.  However,  the  Bratislavsky  region,  which  is  also  a
single  NUTS  level  III  region,  had  been  eligible  for  Article  87(3)(a)  until  28
February 2002, and can therefore be regarded as a region that just lost its Article
87(3)(a) status;

(16) 

In  the  proposed  regional  aid  map,  the  NUTS  level  II  regions  Zapadne
Slovensko, Stredne Slovensko and Vychodne Slovensko are granted the Article
87(3)(a) status and the regional aid intensities ceilings for these regions are set at
50% NGE. This ceiling is raised by 15 percentage points GGE in the case of aid
granted to small and medium-sized enterprises;

(17)  As  a  former  Article  87(3)(a)  region,  the  NUTS  level  II  region  Bratislavsky  is
granted the Article 87(3)(c) status. Since Slovakia does not wish to make use of
the possibility to apply a transitional period during which aid intensities can be
progressively reduced, and considering that Bratislavsky is also a NUTS level III
region  which  adjoins  regions  with  an  Article  87(3)(a)  status,  the  regional  aid
intensity  ceiling  is  set  at  20%  NGE.  The  above  aid  intensity  is  raised  by  10
percentage  points  GGE  in  the  case  of  aid  granted  to  small  and  medium-sized
enterprises;

5

OJ L 107 of 30.4.1996, p. 4.

7

                                                
(18)  The  maximum  aid  intensities  applicable  in  each  of  the  above  mentioned
regions, as jointly evaluated by Slovakia State aid monitoring authority and the
European  Commission,  are  in  conformity  with  the  requirements  set  by  the
Community guidelines on national regional aid.

HAS DECIDED AS FOLLOWS:

Sole Article

The  position  to  be  taken  by  the  Community  within  the  Association  Committee
established  by the  Europe  Agreement  between  the  European  Communities  and  their
Member  States,  of  the  one  part,  and  Slovakia,  of  the  other  part,  with  regard  to  the
adoption  of  the  regional  aid  map  shall  be  based  on  the  draft  decision  of  the
Association Committee annexed to this Decision.

Done at Brussels,

For the Council
The President

8

ANNEX

ASSOCIATION

BETWEEN THE

EUROPEAN UNION

AND SLOVAKIA

__________

- The Association Committe -

DECISION No …/2002 OF THE ASSOCIATION COMMITTE

BETWEEN THE EUROPEAN COMMUNITIES

AND THEIR MEMBER STATES, OF THE ONE PART,

AND SLOVAKIA, OF THE OTHER PART,

of

adopting a regional aid map on the basis of which regional aid

granted by Slovakia will be assessed

THE ASSOCIATION COMMITTEE,

Having  regard  to  the  Europe  Agreement  establishing  an  association  between  the
European Communities and their Member States, of the one part, and Slovakia, of the
other part, and in particular Article 64(4) thereof;

Having  regard  to  Article  4(2)  of  the  Implementing  Rules  for  the  application  of  the
provisions on State aid of the Europe Agreement, as adopted by Decision n° 6/2001 of
the EU-Slovakia Association Council of 22 November 2001;

Having regard to decision No 3/2001 of the EU-Slovakia Association Council of 18
May 2001 with regard to the extension for a further period of five years of Slovakia as
an area identical to those areas of the Community described in Article 87(3)(a) of the
Treaty  establishing  the  European  Community  and  in  particular  its  Article  2,  third
sentence;

Whereas:

(1)

(2)

Article  2  of  the  decision  No  3/2001  obliged  Slovakia  within  six  months  of
the date of the adoption of the decision to submit the GDP per capita figures
which have been harmonised at NUTS level II to the European Commission;

the Slovakian State aid monitoring authority and the European Commission
jointly  evaluated  the  eligibility  of  the  regions  as  well  as  the  maximum  aid

9

(3)

(4)

(5)

(6)

(7)

(8)

(9)

(10)

intensities in relation thereto in order to draw up the regional aid map on the
basis of the Community guidelines on national regional aid 6;

according  to  Article  4(2)  of  the  Implementing  rules,  in  conjunction  with
Article  2,  third  sentence  of  Decision  No  3/2001  of  the  EU-Slovakia
Association  Council,  a  joint  proposal  shall  be  submitted  to  the  Association
Committee, which shall take a decision to this effect;

according  to  the  Community  guidelines  on  national  regional  aid,  the
eligibility conditions for the derogation foreseen  under  Article  87(3)(a)  of the
Treaty are fulfilled if the region, being a NUTS level II geographical unit, has a
per  capita  gross  domestic  product,  measured  in  purchasing  power  standards
(GDP/PPS), of less than 75% of the Community average;

in the case of regions falling under Article 87(3)(a), the intensity of regional aid
must  not  exceed  50%  net  grant  equivalent  (NGE),  except  in  the  outermost
regions, where it may be as much as 65% NGE. In the NUTS level II regions
eligible under Article 87(3)(a) whose per capita GDP/PPS is greater than 60%
of the Community average, the intensity of regional aid must not exceed 40%
NGE, except in the outermost regions, where it may be as high as 50% NGE;

the  GDP/PPS  of  each  region  and  the  Community  average  to  be  used  in  the
analysis must relate to the average of the last three years for which statistics are
available;

within the limit of 75% NGE, the above mentioned aid intensity ceilings may
be raised by 15 percentage points gross grant equivalent (GGE) in the case of
aid granted to small and medium-sized enterprises7 in Article 87(3)(a) regions;

also according to the Community guidelines on national regional aid, a national
ceiling on population coverage for regions eligible under Article 87(3)(c) of the
Treaty  is  set,  in  each  Member  State,  at  a  sufficient  level  to  include  all  the
regions which have just lost their Article 87(3)(a) status and areas with a low
population  density.  For  parts  of  the  regions  that  lose  their  Article  87(3)(a)
status as a result of the review of the regional aid map and that acquire Article
87(3)(c)  status,  the  Commission  could  accept,  during  a  transitional  period  of
four years, a progressive reduction of the aid intensity ceilings for which such
regions  would  have  been  eligible  under  Article  87(3)(a),  at  a  linear  or  faster
rate, until the intensity ceiling corresponding to their new status is reached;

in the case of regions falling under Article 87(3)(c), the ceiling on regional aid
must not exceed 20% NGE, except in the low population density regions or in
the outermost regions, where it may be as high as 30% NGE.

In regions eligible under Article 87(3)(c), which have both a higher per capita
GDP/PPS  and  a  lower  unemployment  rate  than  the  respective  Community
average, the intensity of regional aid must not exceed 10% NGE except in the
low population density regions or in the outermost regions, where it may be as

6

7

OJ C 74 of 10.3.1998, p. 9.
OJ L 107 of 30.4.1996, p. 4.

10

                                                
(11)

(12)

(13)

(14)

(15)

high  as  20%  NGE.  Exceptionally  in  the  case  of  regions  subject  to  the  said
ceiling  of  10%  NGE,  higher  intensities  not  exceeding  the  normal  ceiling  of
20% NGE may  be approved for regions (corresponding to  NUTS  level  III  or
smaller) adjoining a region with Article 87(3)(a) status. Again, the GDP/PPS of
each region and the Community average to be used in the analysis must relate
to the average of the last three years for which statistics are available;

within the limit of 30% NGE, the above mentioned aid intensity ceilings may
be raised by 10 percentage points GGE in the case of aid granted to small and
medium-sized enterprises8 in Article 87(3)(c) regions;

All the above aid intensity ceilings  constitute upper limits which apply  to the
total  aid  whenever  assistance  is  granted  concurrently  under  several  regional
schemes, and regardless of  whether  it comes from  local,  regional,  national  or
Community sources. Beneath these upper limits, regional aid intensity ceilings
are  to  be  adjusted  to  reflect  the  seriousness  and  intensity  of  the  regional
problems  addressed;  the  seriousness  and  intensity  of  the  regional  problems
must  be  assessed  within  the  broader  context  of  the  Community  and  of  the
countries with which Europe agreements have been concluded;

Slovakia  consists  of  four  NUTS  level  II  regions.  Three  of  these  (Zapadne
Slovensko,  Stredne  Slovensko  and  Vychodne  Slovensko)  have  a  per  capita
GDP/PPS that is lower than 60% of the Community average according to the
statistical data available for the years 1998-2000. According the same data, the
NUTS level II region of Bratislavsky has a per capita GDP/PPS that exceeds
75%  of  the  Community  average.  However,  the  Bratislavsky  region,  which  is
also a single NUTS level III region, had been eligible for Article 87(3)(a) until
28  February 2002,  and can therefore  be  regarded  as  a  region that  just  lost its
Article 87(3)(a) status;

In  the  proposed  regional  aid  map,  the  NUTS  level  II  regions  Zapadne
Slovensko,  Stredne  Slovensko  and  Vychodne  Slovensko  are  granted  the
Article 87(3)(a) status and the regional aid intensities ceilings for these regions
are set at 50% NGE. This ceiling is raised by 15 percentage points GGE in the
case of aid granted to small and medium-sized enterprises.

As a former Article 87(3)(a) region, the NUTS level II region of Bratislavsky is
granted the Article 87(3)(c) status. Since Slovakia does not wish to make use of
the possibility to apply a transitional period during which aid intensities can be
progressively reduced, and considering that Bratislavsky is also a NUTS level
III region which adjoins regions with an Article 87(3)(a) status, the regional aid
intensity  ceiling  is  set  at  20%  NGE.  The  above  aid  intensity  is  raised  by  10
percentage points GGE in the case of  aid  granted to  small and  medium-sized
enterprises;

(16)

The  maximum  aid  intensities  applicable  in  each  of  the  above  mentioned
regions, as jointly  evaluated by Slovakia State aid monitoring  authority and

8

OJ L 107 of 30.4.1996, p. 4.

11

                                                
the  European  Commission,  are  in  conformity  with  the  requirements  set  by
the Community guidelines on national regional aid.

HAS DECIDED AS FOLLOWS:

Article 1

The  NUTS  level  II  regions  Zapadne  Slovensko,  Stredne  Slovensko  and  Vychodne
Slovensko shall be regarded as areas eligible for regional aid, identical to those areas
in  the  Community  described  in  Article  87(3)(a)  of  the  Treaty  establishing  the
European Community.

The  NUTS  level  II  region  Bratislavsky  shall  be  regarded  as  an  area  eligible  for
regional aid, identical to those areas in the Community described in Article 87(3)(c)
of the Treaty

Article 2

The regional aid intensity ceiling shall be limited to 50% net  grant equivalent in the
NUTS  level  II  regions  Zapadne  Slovensko,  Stredne  Slovensko  and  Vychodne
Slovensko  and  to  20%  net  grant  equivalent  in  the  NUTS level  II  region  of
Bratislavsky.

The regional aid intensity ceilings referred to under Article 2, paragraph 1, may be raised
by 15 percentage points gross grant equivalent in  the  case of aid granted to small  and
medium-sized  enterprises9  in  the  NUTS  level  II  regions  Zapadne  Slovensko,  Stredne
Slovensko  and  Vychodne  Slovensko  and  by  10  percentage  points  gross  grant
equivalent  in  the  case  of  aid  granted  to  small  and  medium-sized  enterprises10  in  the
NUTS level II region Bratislavsky.

The regional aid intensity  ceilings referred to under Article  (2), paragraphs  1 and 2,
shall  constitute  upper  limits  which  apply  to  the  total  aid  whenever  assistance  is
granted  concurrently  under  several  regional  schemes,  and  regardless  of  whether  it
comes from local, regional, national or Community sources.

9

10

OJ L 107 of 30.4.1996, p. 4.
OJ L 107 of 30.4.1996, p. 4.

12

                                                
Article 3

This Decision shall  enter into force on  the  day of  its  adoption.  It  shall expire on 31
December 2006 or the date of Slovakia’s accession to the European Union, whichever
comes earlier.

Done at Brussels,

For the Association Committee
The President

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