Commission Regulation (EC) No 1685/2000
of 28 July 2000
laying down detailed rules for the implementation of Council Regulation (EC) No 1260/1999 as regards eligibility of expenditure of operations co-financed by the Structural Funds
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1260/1999 of 21 June 1999 laying down general provisions on the Structural Funds(1), and in particular Articles 30(3) and 53(2) thereof,
After consulting the Committee pursuant to Article 147 of the Treaty, the Committee on Agricultural Structures and Rural Development and the Committee on Structures for Fisheries and Aquaculture,
Whereas:
(1) Article 1(3) of Council Regulation (EC) No 1257/1999 of 17 May 1999 on support for rural development from the European Agricultural Guidance and Guarantee Fund (EAGGF) and amending and repealing certain Regulations(2) specifies that rural development measures which are integrated into the measures promoting the development and structural adjustment of regions whose development is lagging behind (Objective 1) or which accompany the measures supporting the economic and social conversion of areas facing structural difficulties (Objective 2) in the regions concerned, shall take into account the specific targets of Community support under the Structural Funds according to the conditions laid down in Regulation (EC) No 1260/1999. Article 2 of Regulation (EC) No 1257/1999 specifies the operations that may be concerned by support for rural development.
(2) Article 2 of Regulation (EC) No 1783/1999 of the European Parliament and of the Council of 12 July 1999 on the European Regional Development Fund(3) specifies the type of operations the ERDF may help finance.
(3) Article 3 of Regulation (EC) No 1784/1999 of the European Parliament and of the Council of 12 July 1999 on the European Social Fund(4), specifies the type of operations the ESF may help finance.
(4) Article 2 of Council Regulation (EC) No 1263/1999 of 21 June 1999 on the Financial Instrument for Fisheries Guidance(5) specifies the type of measures the FIFG may help finance. Council Regulation (EC) No 2792/1999(6) lays down the detailed rules and arrangements regarding Community structural assistance in the fisheries sector.
(5) Article 30(3) of Regulation (EC) No 1260/1999 provides that rules on eligible expenditure should be the relevant national rules unless the Commission deems it necessary to adopt rules at Community level; for certain types of operation the Commission considers it necessary in order to guarantee the uniform and equitable implementation of the Structural Funds across the Community to adopt a common set of rules on eligible expenditure. The adoption of a rule relating to a particular type of operation does not prejudge under which of the abovementioned Funds such operation may be co-financed. The adoption of these rules should not prevent Member States, in certain cases which should be indicated, from applying stricter national provisions. The rules should apply to all expenditure incurred between the dates set out in Article 30(2) of Regulation (EC) No 1260/1999.
(6) Article 36(1) of Regulation (EC) No 1257/1999 provides that Regulation (EC) No 1260/1999 and the provisions adopted in implementation thereof apply, save as otherwise provided for under Regulation (EC) No 1257/1999, to rural development measures in areas covered by Objective 2 financed by the EAGGF (Guarantee section). Therefore, the rules set out in the present Regulation apply to such measures which form part of the programmes for Objective 2 regions except in so far as Regulation (EC) No 1257/1999 and Commission Regulation (EC) No 1750/1999(7) laying down detailed rules for the application of Regulation (EC) No 1257/1999 provide otherwise.
(7) Article 87 and 88 of the Treaty apply to operations co-financed by the Structural Funds. The decision of the Commission approving an assistance cannot prejudge any assessment in relation to State aid rules and does not relieve the Member State of its obligations under those Articles.
(8) The measures provided for in this Regulation are in accordance with the opinion of the Committee on the Development and Conversion of Regions,
HAS ADOPTED THIS REGULATION:
Article 1
The rules contained in the Annex to this Regulation shall apply in determining the eligibility of expenditure under forms of assistance as defined in Article 9(e) of Regulation (EC) No 1260/1999.
Article 2
This Regulation shall enter into force on the seventh day following its publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 28 July 2000.