The net capacity reductions shown in Annex 2 are minima and
actual net capacity reductions to be achieved and the time
frame for doing so will be established on the basis of
Poland's
final
restructuring
programme
and
individual
business plans under the Europe Agreement, taking into
account the objective to ensure the viability of benefiting
companies by 31 December 2006.
8.
The business plan for the benefiting company PHS shall
be implemented. In particular:
(a) restructuring efforts shall concentrate on the following:
— reorganising PHS production facilities on a product
basis and ensuring horizontal organisation by function
(purchasing, production, sales),
— establishing in PHS a unified management structure
enabling full realisation of synergies in the consoli-
dation,
— evolving the strategic focus of PHS from being
production oriented to being marketing oriented,
— improving the efficiency and effectiveness of PHS
business management and also ensuring better control
of direct sales,
— PHS reviewing, on the basis of sound economic
considerations, the strategy of spin-off companies and,
where appropriate, reintegrating services into the parent
company,
— PHS reviewing its product mix, reducing over-capacity
on long semi-finished products and generally moving
further into the higher value added product market,
— PHS investing in order to achieve a higher quality of
finished products; special attention shall be given to
attaining by the date set in the timetable for the
implementation of the PHS restructuring programme
and at the latest by the end of 2006 3-Sigma
production quality level at the PHS site in Kraków;
(b) cost savings shall be maximised in PHS during the restruc-
turing period through energy efficiency gains, improved
purchasing and ensuring productivity yields comparable
to European Union levels;
(c) employment restructuring shall be implemented; levels of
productivity comparable to those obtained by EU steel
industry product groups shall be reached
by 31
December 2006, based on consolidated figures including
indirect employment in the wholly owned service
companies;
(d) any privatisation shall be on a basis that respects the need
for transparency and fully respects the commercial value of
PHS. No further State aid shall be granted as part of the
sale.
9.
The business plan for the other benefiting companies
shall be implemented. In particular:
(a) for all of the other benefiting companies, restructuring
efforts shall concentrate on the following:
— evolving the strategic focus from being production
oriented to being marketing oriented,
— improving the efficiency and effectiveness of the
companies' business management and also ensuring
better control of direct sales,
— reviewing,
on
the
basis
of
sound
economic
considerations, the strategy of spin-off companies and,
where appropriate, reintegrating services into the parent
companies;
(b) for Huta Bankowa, implementing the cost savings
programme;
(c) for Huta Buczek, obtaining the necessary financial support
from creditors and local financial institutions and
implementing the cost savings programme, including
reducing the investment cost by adapting existing
production facilities;
(d) for
Huta
Łabe˛dy,
implementing
the
cost
savings
programme and reducing reliance on the mining industry;
(e) for Huta Pokój, achieving international productivity
standards
in
the
subsidiaries,
implementing
energy
consumption
savings
and
cancelling
the
proposed
investment in the processing and construction department;
(f) for Huta Batory, reaching agreement with creditors and
financial institutions on debt rescheduling and investment
loans. The company shall also ensure substantial additional
cost savings associated with employment restructuring and
improved yields;
(g) or Huta Andrzej, securing a stable financial base for its
development by negotiating an agreement between the
company's current lenders, long-term creditors, trade
creditors and financial institutions. Additional investments
in the hot tube mill as well as the implementation of the
staff reduction programme must take place,
EN
23.9.2003
Official Journal of the European Union
949
(h) for Huta L.W., carrying out investments in relation to the
company's hot rolling mills project, lifting equipment, and
environmental standing. This company shall also achieve
higher productivity levels, through staff restructuring and
reducing the costs of external services.
10.
Any subsequent changes in the overall restructuring
plan and the individual plans must be agreed by the
Commission and, where appropriate, by the Council.
11.
The implementation of the restructuring shall take place
under conditions of full transparency and on the basis of sound
market economy principles.
12.
The Commission and the Council shall closely monitor
the implementation of the restructuring and the fulfilment of
the conditions set out in this Protocol concerning viability,
state aid and capacity reductions before and after accession,
until the end of the restructuring period, in accordance with
paragraphs 13 to 18. For this purpose the Commission shall
report to the Council.
13.
In addition to the monitoring of State aid, the
Commission and the Council shall monitor the restructuring
benchmarks set out in Annex 3.
14.
Monitoring shall include an independent evaluation to
be carried out in 2003, 2004, 2005 and 2006. The
Commission's viability test shall be applied and productivity
shall be measured as part of the evaluation.
15.
Poland shall cooperate fully with all the arrangements
for monitoring. In particular:
— Poland shall supply the Commission with 6-monthly
reports concerning the restructuring of the benefiting
companies, no later than 15 March and 15 September of
each year until the end of the restructuring period,
— the first report shall reach the Commission by 15 March
2003 and the last report by 15 March 2007, unless the
Commission decides otherwise,
— the reports shall contain all the information necessary to
monitor the restructuring process, the State aid and the
reduction and use of capacity and shall provide sufficient
financial data to allow an assessment to be made of
whether the conditions and requirements contained in
this Protocol have been fulfilled. The reports shall at the
least contain the information set out in Annex 4, which the
Commission reserves the right to modify in line with its
experiences during the monitoring process. In addition to
the individual business reports of the companies listed in
Annex 1, there shall also be a report on the overall
situation of the Polish steel sector, including recent macro-
economic developments,
— all additional information necessary for the independent
evaluation provided for in paragraph 14 must, furthermore,
be provided by Poland,
— Poland shall oblige the benefiting companies to disclose all
relevant data which might, under other circumstances, be
considered as confidential. In its reporting to the Council,
the Commission shall ensure that company-specific confi-
dential information is not disclosed.
16.
The Commission may at any time decide to mandate an
independent consultant to evaluate the monitoring results,
undertake
any
research
necessary
and
report
to
the
Commission and the Council.
17.
If the Commission establishes, on the basis of the moni-
toring, that substantial deviations from the financial data on
which the viability assessment has been made have occurred, it
may require Poland to take appropriate measures to reinforce
or modify the restructuring measures of the benefiting
companies concerned.
18.
Should the monitoring show that:
(a) the conditions for the transitional arrangements contained
in this Protocol have not been fulfilled, or that
(b) the commitments made in the framework of the extension
of the period during which Poland may exceptionally grant
State support for the restructuring of its steel industry
under the Europe Agreement (
1
) have not been fulfilled,
or that
(c) Poland in the course of the restructuring period has granted
additional incompatible state aid to the steel industry and
to the benefiting companies in particular,
the transitional arrangements contained in this Protocol shall
not have effect.
The Commission shall take appropriate steps requiring any
company concerned to reimburse any aid granted in breach
of the conditions laid down in this Protocol.
EN
950
Official Journal of the European Union
23.9.2003
(
1
) OJ L 348, 31.12.1993, p. 2.