1981R1940 — EN — 27.10.1987 — 002.001

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Amended by:

NB: This consolidated version contains references to the European unit of accout and/or the ecu, which from 1 January 1999 should be understood as references to the euro — Council Regulation (EEC) No 3308/80 (OJ L 345, 20.12.1980, p. 1) and Coundil Regulation (EC) No 1103/97 (OJ L 162, 19.6.1997, p. 1).

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COUNCIL REGULATION (EEC) No 1940/81

of 30 June 1981

on an integrated development programme for the Department of Lozère

THE COUNCIL OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, and in particular Article 43 thereof, Having regard to the proposal from the Commission, Having regard to the opinion of the European Parliament ( 1 ), Whereas the general socio-economic situation in the department of Lozère is particularly unfavourable; whereas improvement of this situation requires that the available funds and measures should be brought together and implemented in an integrated manner; Whereas the Community has at its disposal sources of action arising from its financing possibilities, notably from the European Social Fund and from the European Regional Development Fund; whereas it is suitable, taking account of the situation in that region, to supplement these measures by the intervention of the European Agricultural Guidance and Guarantee Fund under a common measure within the meaning of Council Regulation (EEC) No 729/70 of 21 April 1970 on the financing of the common agricultural policy ( 2 ), as last amended by Council Regulation (EEC) No 3509/80 ( 3 ); Whereas the implementation of this common measure requires the combining, by way of adequate procedures, of the various means available within the context of an integrated development programme; Whereas, this programme is to be prepared by the French Republic; Whereas the preparation and implementation of such a programme in the region in question necessitates Community financial aid; Whereas there should be a Community financial contribution to certain measures vital for the implementation of the programme with the aim of improving agricultural structures, which are particularly deficient in the region concerned, HAS ADOPTED THIS REGULATION:

Article 1

1. In order to improve working and living conditions in the Department of Lozère, a common measure within the meaning of Article 6 (1) of Regulation (EEC) No 729/70 is hereby established to facilitate the implementation of an integrated development programme in that region.

2. The common measure shall involve the financial participation, subject to the rules and conditions laid down in Title III, of the European Agricultural Guidance and Guarantee Fund, Guidance Section, hereinafter called ‘the Fund’, in the agricultural measures referred to in Title II required for the implementation of the integrated development programme described in Title I which has received a favourable opinion in accordance with Article 4 (3).

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TITLE I

Integrated development programme

Article 2

The integrated development programme, hereinafter referred to as ‘the programme’, shall cover not only measures to improve agriculture and operations to improve the marketing and processing of agriculural products, but also measures to improve infrastructures, to develop tourism, crafts and industry and other complementary activities essential to the improvement of the general socio-economic situation of the region.

Article 3

1. The programme shall include:

— a description of the present situation,

— a description of the objectives to be attained and a list of priorities,

— a description of operations and measures already under way in each of the sectors concerned and the funds available for them,

— a description of any further measures needed to implement the programme,

— an estimate of costs and of the funds required, together with a timetable of expected expenditure,

— the measures taken to ensure the utilization of other Community financial instruments with structural objectives,

— the period envisaged for implementation of the programme, which should not in principle exceed five years.

2. All the action referred to in Article 2 shall fall within the framework of the regional development programme where the French Republic is obliged to forward it to the Commission in accordance with Article 6 of Council Regulation (EEC) No 724/75 of 18 March 1975 establishing a European Regional Development Fund ( 4 ), as amended by Regulation (EEC) No 214/79 ( 5 ).

Article 4

1. The programme shall be forwarded to the Commission by the French Republic.

2. At the request of the Commission, the French Republic shall provide additional information on the points listed in Article 3.

3. The Commission shall issue an opinion on the programme and on any amendments thereto.

TITLE II

Agricultural measures

Article 5

1. The Fund shall finance agricultural measures forming part of the programme concerning:

— land and pasture improvement,

— reparcelling and the related work involved,

— changes in and promotion of the structure of cattle and sheep farming, excluding premiums granted on a unit of production basis,

— renovation of chestnut plantations intended for the production of sweet chestnuts,

— efforts to combat the isolation of farms in winter,

— forest clearings required to improve agricultural structures.

2. The French Republic shall send to the Commission a detailed description of the agricultural measures envisaged, indicating in particular:

— the conditions and criteria of the aid measures provided for; where aid measures for investments in farms are provided for, these may not be granted on conditions more favourable than those granted in application of Article 8 of Directive 72/159/EEC, taking account of Article 9 of Directive 75/268/EEC,

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— the conditions and criteria of the aid measures provided for; where aid measures for investments on holdings are provided for, they shall be subject to Articles 3 to 6, Article 7 (2) and Article 8 (1) of Council Regulation (EEC) No 797/85 of 12 March 1985 on improving the efficiency of agricultural structures ( 6 ). The grant of the aids referred to in Article 8 (1) of the latter Regulation shall not be taken into consideration for reimbursement under Article 7.

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3. The Commission shall decide whether to approve the agricultural measures, and any amendments thereto, ►M1 in accordance with the procedure laid down in Article 25 of Regulation (EEC) No 797/85 after the Standing ◄ Committee in Agricultural Structures has acquainted itself with the programme.

TITLE III

Financial and general provisions

Article 6

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1. The duration of the common measure shall be not more than seven years from the date of notification of the opinion referred to in Article 4 (3).

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2. During the fourth year, the Commission shall submit a progress report on the common measure. Before the end of the five-year period, the Council shall decide on a proposal from the Commission, whether the measure shall be extended.

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3. The estimated cost of the common measure to the Fund is 8 million ECU for the period specified in paragraph 1.

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4. Article 6 (5) of Regulation (EEC) No 729/70 shall apply to this Regulation.

Article 7

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1. Expenditure by the French Republic on the measures referred to in Article 5 (1) shall be eligible for aid from the Fund up to a maximum of 20 million ECU for the period specified in Article 6 (1), of which a maximum of 604 500 ECU may be in respect of the actual cost, excluding public administration staff costs, of drawing up the programme.

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2. The Fund shall reimburse to the French Republic 40 % of the eligible expenditure.

3. The expenditure referred to in paragraph 1 which may receive Community financial assistance under Regulations (EEC) No 1361/78 ( 7 ), EEC No 1760/78 ( 8 ) and EEC No 269/79 ( 9 ) or which receives aid under the European Regional Development Fund shall not fall within the scope of this Regulation.

Article 8

When the programme is under examination, the Commission shall, in agreement with the French Republic, fix the manner in which it is to be informed periodically of the progress of the programme, in particular the progress on non-agricultural action and measures specified in the programme. The French Republic shall at the same time designate the bodies responsible for the technical execution of the programme.

Article 9

1. Applications for reimbursement shall relate to expenditure incurred by the French Republic in the course of one calendar year and shall be submitted to the Commission before 1 July of the following year together with the periodic information referred to in Article 8, proving that implementation of the non-agricultural action provided for in the integrated programme is under way.

2. The decision whether to grant aid from the Fund shall be taken in accordance with Article 7 (1) of Regulation (EEC) No 729/70.

3. Advance payments may be granted by the Fund on the basis of the financial arrangements adopted by the French Republic and in the light of progress in implementing the projects.

4. Detailed rules for the application of this Article shall be adopted in accordance with the procedure laid down in Article 13 of Regulation (EEC) No 729/70.

Article 10

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.

( 1 ) OJ No C 85, 8. 4. 1980, p. 53.

( 2 ) OJ No L 94, 28. 4. 1970, p. 13.

( 3 ) OJ No L 367, 31. 12. 1980, p. 87.

( 4 ) OJ No L 73, 21. 3. 1975, p. 1.

( 5 ) OJ No L 35, 9. 2. 1979, p. 1.

( 6 ) OJ No L 93, 30. 3. 1985, p. 1.

( 7 ) OJ No L 166, 23. 6. 1978, p. 9.

( 8 ) OJ No L 204, 28. 7. 1978, p. 1.

( 9 ) OJ No L 38, 14. 2. 1979, p. 1.