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# 51998AP0100

**Legislative resolution embodying Parliament's opinion on the proposal for a Council Regulation on the application of Articles 92 and 93 of the EC Treaty to certain categories of horizontal state aid (COM(97)0396 C4-0512/97 97/0203(CNS) )** 
  
*Official Journal C 138 , 04/05/1998 P. 0097*

  

A4-0100/98

Proposal for a Council Regulation on the application of Articles 92 and 93 of the EC Treaty to certain categories of horizontal state aid (COM(97)0396 - C4-0512/97 - 97/0203(CNS))

The proposal was approved with the following amendments:

(Amendment 1)

Recital 2

>Original text>

(2) Whereas, pursuant to the EC Treaty, the appreciation of compatibility of aid with the common market essentially rests with the Commission;

>Text following EP vote>

(2)

Whereas, pursuant to the EC Treaty, the appreciation of compatibility of aid with the common market and the general objectives of Community policies essentially rests with the Commission;

(Amendment 11)

Article 1(1)(a) to (d)

>Original text>

(a) categories of aid in favour of:

(i) small and medium-sized enterprises,

(ii) research and development,

(iii) environmental protection,

(iv) employment and training;

>Text following EP vote>

(a)

categories of aid in favour of:

(i) small and medium-sized enterprises,

(ii) research and development,

(iii) environmental protection,

(iv) employment and training,

(iva) local public services;

>Original text>

(b) aid respecting the map approved by the Commission for each Member State to implement regional aid,

>Text following EP vote>

(b)

aid respecting the map approved by the Commission for each Member State to implement regional aid,

>Original text>

(c) export credit insurance covering non-marketable risk in so far as it is harmonised by EC law,

>Text following EP vote>

>Original text>

(d) export credits, including those for tied aid, in so far as they are subject to precise rules established in agreements to which the Community is a party.

>Text following EP vote>

(Amendment 2)

Article 2(1)

>Original text>

1. The Commission may, by means of a Regulation adopted in accordance with the procedures laid down in Article 9 of this Regulation, decide that, having regard to the development and the functioning of the common market, certain aid does not fulfil all the criteria of Article 92(1) and is therefore exempted from the notification procedure in Article 93(3), provided that aid granted to the same undertaking over a given period of time does not exceed a certain fixed amount.

>Text following EP vote>

1.

The Commission may, by means of a Regulation adopted in accordance with the procedures laid down in Article 9 of this Regulation, decide that, having regard to the development and the functioning of the common market, certain aid does not fulfil all the criteria of Article 92(1) and is therefore exempted from the notification procedure in Article 93(3), provided that aid granted to the same undertaking or group of undertakings involved in one and the same production process over a given period of time does not exceed a certain fixed amount.

(Amendment 3)

Article 4(1)(a) and (b)

>Original text>

(a) record and store on a running basis all relevant information regarding the application of the group exemptions;

>Text following EP vote>

(a)

record, store and make public on a running basis all relevant information regarding the application of the group exemptions, including data on individual allocations of aid;

>Original text>

(b) at least once every year supply the Commission with information regarding the application of the group exemption in a computerized form and in accordance with the Commission's specific requirements.

>Text following EP vote>

(b)

at least once every year supply the Commission with information regarding the application of the group exemption in a computerized form and in accordance with the Commission's specific requirements.

>Original text>

>Text following EP vote>

(ba) quantify the total volume of aid which is exempt from the obligation to notify the Commission.

(Amendment 4)

Article 4(2)

>Original text>

2. Member States shall on a running basis publish a summary of the information required under paragraph 1(a) in their national Official Journal and shall upon request give any interested party access to relevant information regarding the application of the group exemptions.

>Text following EP vote>

2.

Member States shall on a running basis publish a summary of the information required under paragraph 1(a) in their national Official Journal and shall upon request give any interested party access to relevant information regarding the application of the group exemptions, including data on individual allocations of aid.

(Amendment 5)

Article 4(2a) (new)

>Original text>

>Text following EP vote>

2a. Member States shall also be required to forward the summaries referred to in paragraph 2 to the Commission, which shall then publish them in the Official Journal of the European Communities.

(Amendment 6)

Article 4(3)

>Original text>

3. The Commission shall make access to the information mentioned under paragraph 1(b) available to all Member States.

>Text following EP vote>

3.

The Commission shall make access tothe information mentioned under paragraph 1(b) and (ba) available to any person requesting it.

(Amendment 7)

Article 4(5)

>Original text>

5. Once a year, the Commission and the Member States shall debate and evaluate in the Advisory Committee the information mentioned under paragraph 1(b).

>Text following EP vote>

5.

Once a year, the Commission and the Member States shall debate and evaluate in the Advisory Committee the information mentioned under paragraph 1(b) and (ba). This information shall also be the subject of a section in the annual report on competition policy.

(Amendment 8)

Article 5(2)

>Original text>

2. They may be repealed or amended where circumstances have changed with respect to any of the facts which were basic to their adoption or where the progressive development or the functioning of the common market so requires.

>Text following EP vote>

2.

They may be repealed or amended where circumstances have changed with respect to any of the facts which were basic to their adoption or where the progressive development or the functioning of the common market so requires. In this case the new Regulation shall establish a period of adaptation for adjusting aids covered by the previous Regulation. The duration of this period shall be determined in the light of the impact that maintaining the system may have on the common market and the time required to adjust the national provisions concerned. It shall in no case exceed six months.

(Amendment 9)

Article 6

>Original text>

Not later than five years after the entry into force of this Regulation, the Commission shall submit a report on its functioning to the European Parliament and the Council.

>Text following EP vote>

Not later than

three years after the entry into force of this Regulation, the Commission shall submit a report on its functioning to the European Parliament and the Council and propose, if necessary, that the range of exemptions be extended.

(Amendment 10)

Article 9a (new)

>Original text>

>Text following EP vote>

Article 9a

The Commission shall inform the European Parliament before adopting a Regulation exempting certain categories of state aid in accordance with the procedure mentioned in Article 9.

Legislative resolution embodying Parliament's opinion on the proposal for a Council Regulation on the application of Articles 92 and 93 of the EC Treaty to certain categories of horizontal state aid (COM(97)0396 - C4-0512/97 - 97/0203(CNS))(Consultation procedure)

The European Parliament,

- having regard to the Commission proposal to the Council, COM(97)0396 - 97/0203(CNS) ((OJ C 262, 28.8.1997, p. 6.)),

- having been consulted by the Council pursuant to Article 94 of the EC Treaty (C4-0512/97),

- having regard to Rule 58 of its Rules of Procedure,

- having regard to the report of the Committee on Economic and Monetary Affairs and Industrial Policy (A4-0100/98),

1. Approves the Commission proposal, subject to Parliament's amendments;

2. Calls on the Commission to alter its proposal accordingly, pursuant to Article 189a(2) of the EC Treaty;

3. Calls on the Council to notify Parliament should it intend to depart from the text approved by Parliament;

4. Asks to be consulted again should the Council intend to make substantial modifications to the Commission proposal;

5. Instructs its President to forward this opinion to the Council and Commission.

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