COMMISSION REGULATION (EC) No 860/94 of 18 April 1994 on plans and applications in the form of operational programmes for aid from the Guidance section of the EAGGF for investments for improving the processing and marketing conditions for agricultural and forestry products
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 866/90 of 29 March 1990 on improvong the processing and marketing conditions for agricultural products (1), as last amended by Regulation (EC) No 3669/93 (2), and in particular Article 23 thereof,
Whereas Article 1 of Council Regulation (EEC) No 867/90 of 29 March 1990 on improving the processing and marketing conditioned for forestry products (3) extends the common measure introduced by Regulation (EEC) No 866/90 to cover the development or rationalization of the marketing and processing of forestry products;
Whereas applications in the form of operational programmes for aid in respect of the common measure should contain all the information necessary to enable them to be examined, in accordance with the requirements of Regulations (EEC) No 866/90 and (EEC) No 867/90 and Article 14 of Council Regulation (EEC) No 4253/88 of 19 December 1988 laying down provisions for implementing Regulation (EEC) No 2052/88 as regards coordination of the activities of the different Structural Funds between themselves and with the operations of the European Investment Bank and the other existing financial instruments (4), as amended by Regulation (EEC) No 2082/93 (5);
Whereas if the Fund's contribution to the implementation of this measure is to be in the form of global grants submission of the aid application may be the subject of special rules;
Whereas in accordance with Article 10 (a) of Regulation (EEC) No 866/90 Member States may submit a single programming document containing all the information required in the plans and in the aid applications; whereas the information required in the plans should be specified;
Whereas it is therefore necessary to replace Commission Regulation (EEC) No 1935/90 of 3 July 1990 on applications in the form of operational programmes for aid from the Guidance Section of the EAGGF for investments for improving the processing and marketing conditions for agricultural and forestry products (6), which contains only provisions on aid applications;
Whereas, during the application of Regulation (EEC) No 866/90, in the past certain beneficiaries have shown little reliability or have committed grave irregularities leading to a suppression of aid; as a result it is advisable to foresee the exclusion of such beneficiaries;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Committee on Agricultural Structures and Rural Development,
HAS ADOPTED THIS REGULATION:
Article 1
1. Plans for the structural improvement of the various sectors shall be submitted in duplicate and shall contain the information and documents listed in Annex I.
2. Applications in the form of operational programmes for aid for investments for improving the processing and marketing conditions for agricultural and forestry products shall be submitted in duplicate and shall contain the information and documents listed in Annex II to the extent that such information and documents are not already included in the plans referred to in paragraph 1.
3. Where the Member States submit a programming document containing all the information required in the plans and in the aid applications, in accordance with Article 10 (a) of Regulation (EEC) No 866/90, that document shall be submitted in duplicate and shall contain the information and documents listed in Annexes I and II.
4. Applications which do not meet the conditions laid down in this Article shall not be considered.
Article 2
For the regions covered by Objective 1 the information and documents referred to in Article 1 (1) shall be sent to Commission by 1 May 1994.
Article 3
Aid shall not be granted for investments proposed by beneficiaries who have already, during the five years prior to their application, received aid from the EAGGF if the investments were not carried out without any valid reason having been put forward or if irregularities were found which led to the aid being cancelled.
Article 4
Regulation (EEC) No 1935/90 is hereby repealed.
Article 5
This Regulation shall enter into force on the third 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, 18 April 1994.