ANNEX 2
TIMETABLE FOR CAPACITY CHANGES (REDUCTIONS AND INCREASES) (
1
)
Company
Facility
Capacity change
(tpy)
Date of production
change
Date of permanent
closure
Poldi Hütte
Rolling mills V1-V8
-120 000
1.8.1999
31.5.2000
VPFM
Hot rolling mills No 1 & 2
-70 000
31.12.2004
31.12.2005
Vítkovice Steel
Duo rolling mill
-130 000
30.6.2006
31.12.2006
Nová Hut’
Heavy section mill – HCC
-600 000
31.8.2006
31.12.2006
Nová Hut’
Section mill
+330 000
1.1.2007
—
Net capacity change
-590 000
(
1
) Capacity reductions should be permanent as defined in Commission Decision No 3010/91/ECSC (OJ L 286, 16.10.1991, p. 20).
ANNEX 3
RESTRUCTURING BENCHMARKS AND MONITORING
1. Viability
Taking into account the special accounting rules applied by the Commission, each benefiting company shall achieve
a minimum annual gross operating result of turnover (10 % for non-integrated steel undertakings, 13,5 % for
integrated steel mills) and a minimum return of 1,5 % of turnover on own capital no later than 31 December
2006. This shall be verified in the independent evaluation carried out annually between 2003 and 2006, as provided
for in paragraph 16 of the Protocol.
2. Productivity
An overall productivity comparable with the one attained by the EU steel industry shall be achieved gradually by 31
December 2006. This shall be verified in the independent evaluation carried out annually between 2003 and 2006,
as set out in paragraph 16 of the Protocol.
3. Cost reductions
Particular importance shall be attached to cost reductions as one of the key elements of viability. These shall be fully
implemented, in accordance with the business plans of the benefiting companies.
EN
23.9.2003
Official Journal of the European Union
937
ANNEX 4
INDICATIVE LIST OF INFORMATION REQUIREMENTS
1. Production and market effects
— monthly production of crude steel, semi-finished and finished products by category as well as by product range,
— products sold, including volumes, prices and markets; breakdown by product range.
2. Investments
— details of investments realised,
— date of completion,
— the costs of the investment, the sources of finance and the sum of any related aid involved,
— the date of aid payment if any.
3. Workforce reductions
— number and timing of job losses,
— evolution in employment at beneficiary companies (distinguishing between direct and indirect employment).
4. Capacity (with regard to the entire steel sector in the Czech Republic)
— date or expected date of cessation of production of capacities expressed in MPP (MPP being the maximum
possible annual production that can be obtained in ordinary working conditions) to be closed, and description of
these,
— date (or expected date) of dismantling, as defined in Commission Decision No 3010/91/ECSC on the information
to be furnished by steel undertakings about their investments (
1
), of the installation concerned and details of the
dismantling,
— date (or expected date) of introduction of new capacities and description of these,
— evolution in total capacity in the Czech Republic of crude steel and finished products per category.
5. Cost
— breakdown of costs and their respective evolution in the past and in the future, in particular for workforce cost
saving, energy consumption, raw material cost saving, accessories and external services reduction.
6. Financial performance
— evolution of selected key financial ratios to ensure progress is being made towards viability (the financial results
and ratios must be provided in a way which allows comparisons with the company's financial restructuring plan
and must include the Commission's viability test),
— level of financial charges,
EN
938
Official Journal of the European Union
23.9.2003
(
1
) OJ L 286, 16.10.1991, p. 20.
— details and timing of aid granted,
— details and timing of the paying out of aid already granted,
— terms and conditions of any new loans (irrespective of source).
7. Privatisation
— selling price and treatment of existing liabilities,
— disposal of proceeds of sale,
— date of sale,
— financial position of company at the time of sale,
— value of the company/assets at the time of sale and method used for valuation.
8. Creation of a new company or new plants incorporating capacity extensions
— identity of each private and public sector participant,
— sources of their financing for the creation of the new company or new plants,
— terms and conditions of the private and the public shareholders' participation,
— management structure of the new company.
EN
23.9.2003
Official Journal of the European Union
939
Protocol No 3
on the Sovereign Base Areas of the United Kingdom of Great Britain and Northern Ireland in
Cyprus
THE HIGH CONTRACTING PARTIES,
RECALLING
that the Joint Declaration on the Sovereign Base Areas of the United Kingdom of Great Britain
and Northern Ireland in Cyprus annexed to the Final Act of the Treaty concerning the Accession of the
United Kingdom to the European Communities provided that the arrangements applicable to relations
between the European Economic Community and the Sovereign Base Areas will be defined within the
context of any agreement between the Community and the Republic of Cyprus,
TAKING ACCOUNT
of the provisions concerning the Sovereign Base Areas set out in the Treaty concerning
the Establishment of the Republic of Cyprus (hereafter referred to as the ‘Treaty of Establishment’) and the
associated Exchanges of Notes dated 16 August 1960,
NOTING
the Exchange of Notes between the Government of the United Kingdom and the Government of
the Republic of Cyprus concerning the administration of the Sovereign Base Areas, dated 16 August 1960,
and the attached Declaration by the United Kingdom Government that one of the main objects to be
achieved is the protection of the interests of those resident or working in the Sovereign Base Areas, and
considering in this context that the said persons should have, to the extent possible, the same treatment as
those resident or working in the Republic of Cyprus,
NOTING FURTHER
the provisions of the Treaty of Establishment regarding customs arrangements between
the Sovereign Base Areas and the Republic of Cyprus and in particular those of Annex F to the said Treaty,
NOTING ALSO
the commitment of the United Kingdom not to create customs posts or other frontier
barriers between the Sovereign Base Areas and the Republic of Cyprus and the arrangements made
pursuant to the Treaty of Establishment whereby the authorities of the Republic of Cyprus administer a
wide range of public services in the Sovereign Base Areas, including in the fields of agriculture, customs
and taxation,
CONFIRMING
that the accession of the Republic of Cyprus to the European Union should not affect the
rights and obligations of the parties to the Treaty of Establishment,
RECOGNISING
therefore the need to apply certain provisions of the Treaty establishing the European
Community and related EC law to the Sovereign Base Areas and to make special arrangements
regarding the implementation of these provisions in the Sovereign Base Areas,
HAVE AGREED UPON THE FOLLOWING PROVISIONS:
Article 1
Article 299(6)(b) of the Treaty establishing the European
Community shall be replaced by the following:
‘(b) This Treaty shall not apply to the United Kingdom
Sovereign Base Areas of Akrotiri and Dhekelia in Cyprus
except to the extent necessary to ensure the implemen-
tation of the arrangements set out in the Protocol on the
Sovereign Base Areas of the United Kingdom of Great
Britain and Northern Ireland in Cyprus annexed to the
Act concerning the conditions of accession of the Czech
Republic, the Republic of Estonia, the Republic of Cyprus,
the Republic of Latvia, the Republic of Lithuania, the
Republic of Hungary, the Republic of Malta, the
Republic of Poland, the Republic of Slovenia and the
Slovak Republic to the European Union and in accordance
with the terms of that Protocol.’
Article 2
1.
The Sovereign Base Areas shall be included within the
customs territory of the Community and, for this purpose,
the customs and common commercial policy acts listed in
Part One of the Annex to this Protocol shall apply to the
Sovereign Base Areas with the amendments set out in the
Annex.
2.
The acts on turnover taxes, excise duties and other forms
of indirect taxation listed in Part Two of the Annex to this
Protocol shall apply to the Sovereign Base Areas with the
amendments set out in the Annex as well as the relevant
provisions applying to Cyprus as set out in the Act concerning
the conditions of accession of the Czech Republic, the Republic
EN
940
Official Journal of the European Union
23.9.2003