These contributions shall be paid in eight equal instalments
falling due on 30/9/2004, 30/9/2005, 30/9/2006, 31/9/2007,
30/9/2007, 31/3/2008, 30/9/2008 and 31/3/2009 (
1
).
Article 4
The new Member States shall contribute, in eight equal
instalments falling due on the dates referred to in Article 3,
to the reserves and provisions equivalent to reserves, as well as
to the amount still to be appropriated to the reserves and
provisions, comprising the balance of the profit and loss
account, established at the end of the month preceding
accession, as entered on the balance sheet of the Bank, in
amounts corresponding to the following percentages of the
reserves and provisions (
2
):
Poland
2,4234 %
Czech Republic
0,8084 %
Hungary
0,7477 %
Slovakia
0,2723 %
Slovenia
0,2530 %
Lithuania
0,1672 %
Cyprus
0,1205 %
Latvia
0,1041 %
Estonia
0,0768 %
Malta
0,0492 %
Article 5
The capital and payments provided for in Articles 2, 3 and 4 of
this Protocol shall be paid in by the Kingdom of Spain and the
new Member States in cash in euro, save by way of derogation
decided unanimously by the Board of Governors.
Article 6
1.
Upon accession, the Board of Governors shall appoint a
director for each of the new Member States, as well as alternate
directors, as indicated in Article 11(2) of the Statute.
2.
The terms of office of the directors and alternate directors
so appointed shall expire at the end of the annual meeting of
the Board of Governors during which the annual report for the
2007 financial year is examined.
3.
Upon accession, the Board of Directors shall co-opt the
experts and the alternate experts.
EN
23.9.2003
Official Journal of the European Union
933
(
1
) These dates are based on the assumption of effective accession of
the new Member States at the latest two months before 30/9/2004.
(
2
) The figures quoted are indicative and based on the forecast 2002
data published by Eurostat (New Cronos).
Protocol No 2
on the restructuring ofthe czech steel industry
1.
Notwithstanding Articles 87 and 88 of the EC Treaty,
State aid granted by the Czech Republic for restructuring
purposes to specified parts of the Czech steel industry from
1997 to 2003 shall be deemed to be compatible with the
common market provided that:
— the period provided for in Article 8(4) of Protocol 2 on
ECSC products to the Europe Agreement establishing an
association between the European Communities and their
Member States, of the one part, and the Czech Republic, of
the other part (
1
), has been extended until the date of
accession,
— the terms set out in the restructuring plan on the basis of
which the above mentioned Protocol was extended are
adhered to throughout the period 2002-2006,
— the conditions set out in this Protocol are met, and
— no State aid for restructuring is to be paid to the Czech
steel industry after the date of accession.
2.
Restructuring of the Czech steel sector, as described in
the individual business plans of the companies listed in Annex
1, and in line with the conditions set out in this Protocol, shall
be completed no later than 31 December 2006 (hereinafter
referred to as ‘the end of the restructuring period’).
3.
Only companies listed in Annex 1 (hereinafter referred to
as ‘benefiting companies’) shall be eligible for State aid in the
framework of the Czech steel restructuring programme.
4.
A benefiting company may not:
(a) in the case of a merger with a company not included in
Annex 1, pass on the benefit of the aid granted to the
benefiting company;
(b) take over the assets of any company not included in Annex
1 which is declared bankrupt in the period up to 31
December 2006.
5.
Any subsequent privatisation of any of the benefiting
companies shall respect the conditions and principles
regarding viability, State aids and capacity reduction defined
in this Protocol.
6.
The total restructuring aid to be granted to the benefiting
companies shall be determined by the justifications set out in
the approved Czech steel restructuring plan and individual
business plans as approved by the Council. But in any case,
the aid paid out in the period 1997-2003 is limited to a
maximum amount of CZK 14 147 425 201. Of this total
figure Nová Hut’ receives a maximum of CZK 5 700 075 201,
Vítkovice Steel receives a maximum of CZK 8 155 350 000
and Válcovny Plechu Fry´dek Místek receives a maximum of
CZK 292 000 000 depending on the requirements as set out
in the approved restructuring plan. The aid shall only be
granted once. No further State aid shall be granted by the
Czech Republic for restructuring purposes to the Czech steel
industry.
7.
The net capacity reduction to be achieved by the Czech
Republic for finished products during the period 1997-2006
shall be 590 000 tonnes.
Capacity reduction shall be measured only on the basis of
permanent closure of production facilities by physical
destruction such that the facilities cannot be restored to
service. A declaration of bankruptcy of a steel company shall
not qualify as capacity reduction.
The above level of net capacity reduction, together with any
other capacity reductions identified as necessary in the restruc-
turing programmes, shall be completed in line with the
timetable in Annex 2.
8.
The Czech Republic shall remove trade barriers in the
coal market in accordance with the acquis by accession,
enabling Czech steel companies to obtain access to coal at
international market prices.
9.
The business plan for the benefiting company Nová Hut’
shall be implemented. In particular:
(a) the Vysoké Pece Ostrava plant shall be brought into the
organisational framework of Nová Hut’ by acquisition of
full ownership. A target date shall be set for this merger,
including assignation of responsibility for its implemen-
tation;
(b) restructuring efforts shall concentrate on the following:
— evolving Nová Hut’ from being production oriented to
being marketing orientated and improving the effi-
ciency and effectiveness of its business management,
including greater transparency on costs,
— Nová Hut’ reviewing its product mix and entry into
higher added-value markets,
— Nová Hut’ making the necessary investments in order to
achieve a higher quality of finished products in the
short term;
EN
934
Official Journal of the European Union
23.9.2003
(
1
) OJ L 360, 31.12.1994, p. 2.