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2001, vol. 3, br. 2-3, str. 5-24
State aid control to EU standards: Expectations and implications in the context of a Stabilization and Association Agreement
(naslov ne postoji na srpskom)
Savetodavni centar za ekonomska i pravna pitanja (SCEPP), Belgrade
Ključne reči: aid; elements of national systems; EU state aid control system; exemptions; Stabilization and Association Agreements; state aid; impacts and effects; types of aid; Yugoslavia; Croatia; Macedonia
Sažetak
(ne postoji na srpskom)
This article reviews the nature and development of EC law and policy regarding state aids in its political, legal and economic context with particular reference to the likely requirements on Yugoslavia under a future Stabilization and Association Agreement with the EU to develop a credible national system of supervision and control. The development of such a system is also connected with Yugoslavia’s efforts to re-join the WTO. The article traces the development of the EU state aid control system and highlights its main focus and method of operations. It notes that, even while the EU is progressively insisting upon comparable systems in all regions with which it is establishing new treaty-based trade relations, state aid levels remain problematic within the EU itself and the enforcement efforts against EU Member States are increasing. The Croatian and Macedonian Stabilization and Association Agreements contain commitments regarding the development of national systems of state aid control in both countries that broadly reflect the earlier process with the present candidate countries for EU membership under the Europe Agreements. An overview of the Croatian and Macedonian commitments gives reason to suggest that a reasonably strict regime of state aid control will also be expected in the case of a Stabilization and Association Agreement between the European Union and Yugoslavia. This will necessitate substantial action in Yugoslavia (including legislation training, political will and international reporting) to ensure credible compliance with new international commitments. Accordingly, it will be particularly important to design and develop a Yugoslav competence in this field and to design a system of regulation that makes sense and can work in Yugoslavia. This will take both time and effort and the article considers that it is of some importance that these efforts are commenced sooner rather than later in Yugoslavia. In overall terms, the development of suitable controls over state supports to the private sector can be a good thing for Yugoslavia, ensuring that government funds are well spent, now and in the future, that competition is not unduly affected and that there is transparency and rationality in regard to what is available in the form of government supports to business and economic development.
Reference
*** (2002) European Commission Stabilization and Association Report on FRY. April
*** (1999) OJ, C 288 of 9 Oct
*** (2001) Conclusions of the Stockholm European Council. 23-24 March at paragraph 20 and 21, SN 100/01
*** (1998) Council Code of Conduct on business taxation. OJ, C 2 of 6 Jan
*** (1997) Agreement on Partnership and Cooperation establishing a partnership between the European Communities and their Member States, of the one part, and the Russian Federation, of the other part. JOCE, L 327, Nov. 27, Article 53
*** (2001) Stabilization and Association Agreement between the European Communities and their Member States, of the one part, and the former Yugoslav Republic of Macedonia, of the other part. of 26 March, Article 69
*** (1995) Commission Notice on cooperation between national courts and the Commission in the State aid field. OJ, C 312, 23. 11, str. 8
*** (2001) Commission Regulation EC/70/2001. OJ, L 10 of 13 Jan., str. 33-42
*** (1998) Multisectoral framework on regional aid for large investment projects. OJ, C 107 of 7 Apr., 7-18
*** (1996) Community Framework for state aid for research and development. OJ, C 45 of 17 Feb., (as amended by Commission Communication 98/C48/02)
*** (2001) Community Guidelines on state aid for environmental protection. OJ, C 37 of 3 Feb., 3-15
*** (2001) Commission Regulation EC/69/2001. OJ, L 10 of 13 Jan
*** (1999) Council Regulation (EC) No 659/1999. Official Journal, L 83 of 27 March, str. 1-9
*** (1995) OJ, C 334 of 12 Dec., str. 4
Commission of the European Communities (2001) State aid scoreboard. Brussels, COM 782 Final of 20 Dec., str. 14-15
European Commission (1998) Guidelines on national regional aid. Official Journal of the European Union, C 74 of 10 March, 9-31, (as amended by OJ C 258 of 9 Sep. 2000, str. 5)
 

O članku

jezik rada: engleski
vrsta rada: izvorni naučni članak
objavljen u SCIndeksu: 02.06.2008.

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