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Decision

74/296/Euratom: Council Decision of 4 June 1974 on the conferring of advantages on the Hochtemperatur- Kernkraftwerk GmbH (HKG) Joint Undertaking

CELEX
Date of document
Articles
4
Source
EUR-Lex
Article 1

The Member States shall confer on the Hochtemperatur-Kernkraftwerk GmbH (HKG) joint Undertaking, in the first place for a period of three years after final acceptance of the power station by the undertaking, the following advantages listed in Annex III to the Treaty: 1. Under paragraph 3 of the said Annex, exemption from the Kapitalverkehrsteuer (Gesellschaftsteuer) (capital transaction tax - company tax) on assets contributed to HKG by members (Stammeinlagen), up to a total of DM 50 million;

2. Under paragraph 4 of the said Annex, exemption from the Grunderwerbsteuer (tax on the acquisition of immovable property);

3. Under paragraph 5 of the said Annex: - exemption from tax on capital;

- derogation from the deadline set for the deduction of losses pursuant to Article 10d of the Einkommensteuergesetz (income tax law);

- exemption from that part of the industrial or commercial profits tax which is levied in pursuance of Article 8 point 1 of the Gewerbesteuergesetz (trade tax law) on the interest due on long term financial commitments;

- derogation from the deadline set for the deduction of operating losses in pursuance of Article 10a of the Gewerbesteuergesetz;

- exemption from that part of the tax on operating capital which is levied in pursuance of paragraph 2, point 1 of Article 12 of the Gewerbesteuergesetz on long term financial commitments;

- exemption from that part of the tax on operating capital which is levied on the pro rata value of the plant financed through public subsidies;

- exemption from land tax.

Article 2

The advantages conferred on HKG by this decision shall apply to the rights and obligations of HKG at the time of its incorporation as a Joint Undertaking.

Article 3

The conferment of the advantages listed in Article 1 on HKG is subject to the condition that the Commission shall have access to all the industrial, technical and economic information, including that relating to safety, acquired by HKG throughout the period of design, construction and operation of the nuclear power station. This duty extends to all the information which HKG is entitled to receive from its major supplier and pass on in accordance with the contracts concluded with him. The Commission shall determine which information must be communicated to it, as well as the manner in which such communication shall be made and shall ensure that this information is disseminated.

Article 4

This Decision is addressed to the Member States and to the Joint Undertaking HKG.

Done at Luxembourg, 4 June 1974.

For the Council

The President

H.D. GENSCHER

4 articles

Cite this act

74/296/Euratom: Council Decision of 4 June 1974 on the conferring of advantages on the Hochtemperatur- Kernkraftwerk GmbH (HKG) Joint Undertaking (EUR-Lex). Retrieved via LawPlayer, https://lawplayer.com/eu/act/31974D0296

© European Union, https://eur-lex.europa.eu, 1998-2026. Reuse authorised under Commission Decision 2011/833/EU, provided the source is acknowledged.

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