Page:United States Statutes at Large Volume 108 Part 6.djvu/339

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PUBLIC LAW 103-465—DEC. 8, 1994 108 STAT. 4907 "(I) GENERAL FRAMEWORK OF REGIONAL DEVEL- OPMENT. —The term 'general framework of regional development^ means that the regional subsidy programs are part of an internally consistent and generally applicable regional development policy, and that regional development subsidies are not granted in isolated geographical points having no, or virtually no, influence on the development of a region,. (II) NEUTRAL AND OBJECTIVE CRITERL\.— The term 'neutral and objective criteria' means criteria that do not favor certain regions beyond what is appropriate for the elimination or reduction of regional disparities within the framework of the regional development poUcy. "(D) SUBSIDY FOR ADAPTATION OF EXISTING FACILITIES TO NEW ENVIRONMENTAL REQUIREMENTS. — "(i) IN GENERAL.— ^A subsidy that is provided to promote the adaptation of existing facihties to new environmental requirements that are imposed by statute or by r€!gulation, and that result in greater constraints and financial burdens on the recipient of the subsidy, shall be treated as noncountervailable, if the subsidy— "(I) is a one-time nonrecurring measure, "(II) is limited to 20 percent of the cost of adaptation, "(III) does not cover the cost of replacing and operating the subsidized investment, a cost that must be nilly borne by the recipient, "(IV) is directly hnked and proportionate to the recipient's planned reduction of nuisances and pollution, and does not cover any manufacturing cost saviiigs that may be achieved, and "(V) is available to all persons that can adopt the new equipment or production processes, "(ii) EXISTING FACILITIES.— For piirposes of this subparagraph, the term 'existing facilities means facihties that have been in operation for at least 2 years before the date on which the new environmental requirements are imposed. "(E) NOTIFIED SUBSIDY PROGRAM.— "(i) GENERAL RULE.— If a subsidy is provided pursuant to a program that has been notified in accordance with Article 8.3 of the Subsidies Agreement, the subsidy shaQ be ^ated as noncountervailable and shall not be subject to investigation or review under this title. "(ii) EXCEPTION. — Notwithstanding clause (i), a subsidy shall be treated as countervailable if— "(I) the Trade Representative notifies the administering authority that a determination has been made pursuant to Article 8.4 or 8.5 of the Subsidies A^ement that the subsidy, or the profram pursuant to which the subsidy was provided, oes not satisfy t^ conditions and criteria of Article 8.2 of t^ Subsidies Agreement; and