Proposal for a Decision of the European Parliament and of the Council on a Community Framework for cooperation to promote sustainable urban development

(2000/C 056 E/16)

(Text with EEA relevance)

COM(1999) 557 final - 1999/0233(COD)

(Submitted by the Commission on 22 November 1999)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 175(1) thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the Economic and Social Committee,

Having regard to the opinion of the Committee of the Regions,

Acting in accordance with the procedure laid down in Article 251 of the Treaty,

Whereas:

(1) The Treaty provides for the development and implementation of a Community environment policy and sets out the objectives and principles which should guide that policy;

(2) By adopting Decision No 2179/98/EC of the European Parliament and of the Council(1), the Community has confirmed its commitment to the general approach and strategy chosen by the Commission in its Programme "Towards Sustainability"(2);

(3) Many of the Community's international commitments, in particular with regard to action to combat climate change, can only be implemented with the cooperation of local authorities;

(4) In its communication entitled "Sustainable urban development in the European Union: a framework for action" of 28 October 1998(3), the Commission gave an undertaking to provide "continued support for local government networking activities" and to "ensure an appropriate legal basis necessary to fund such activities on a multiannual basis";

(5) The European Parliament has adopted resolutions(4) on strengthening European Union urban environment policy;

(6) The Committee of the Regions has adopted opinions on transfrontier and transnational cooperation between local authorities(5) and on the Commission communication "Towards an urban agenda in the European Union"(6);

(7) The fifth environment action programme recognises that all the players concerned, including the Commission and local authorities, should take concerted action, acting in partnership, to achieve the objective of sustainable development and share the relevant responsibilities;

(8) Agenda 21, which was the subject of the Protocol signed at the Earth Summit in Rio in 1992, stipulates at Chapter 28 that most local authorities in each country should undertake a consultative process with their populations and should achieve a consensus on a local Agenda 21 for the community;

(9) The objectives of sustainable urban development and the implementation of Agenda 21 and Community legislation necessitate the definition, development and exchange of good practices between local authorities and the raising of their awareness;

(10) The capacity of local authority networks should be strengthened at European level, good practices in the fields of sustainable urban development and Local Agenda 21 should be developed and exchanged, and these activities should be coordinated in order to relay to the Commission information and opinions from local authorities on new and emerging prospects in areas relating to sustainable development;

(11) In accordance with the principles of subsidiarity and proportionality as set out in Article 5 of the Treaty, the objectives of the proposed action, namely the exchange of good practices on a European scale and the raising of the awareness of local authorities by means of European networks, cannot be achieved sufficiently by the Member States and can therefore be better achieved at Community level. This Decision confines itself to the minimum required to achieve those objectives and does not go beyond what is necessary for that purpose;

(12) The priority areas of activity that the Community cooperation framework could support should be defined;

(13) Effective monitoring and assessment methods need to be established and appropriate information provided for potential beneficiaries and the public;

(14) Implementation of the cooperation framework should be assessed in the light of the experience gained during the first few years of implementation, and the European Parliament and the Council informed thereof,

HAVE DECIDED AS FOLLOWS:

Article 1

In order to facilitate the implementation at local level of Community environment legislation, a Community Framework for cooperation is hereby set up to encourage the conception, exchange and implementation of good practices with regard to sustainable urban development and Local Agenda 21. The main partners in this Framework shall be the Commission and the networks of towns and cities organised at European level.

Article 2

1. The types of activity eligible for Community financial support are information, awareness-raising, coordination, cooperation, conception, the transfer of good practices and any other activity fulfilling the objective set out in Article 1. The Annex gives an indicative breakdown of the financial support between these types of activity.

2. The Commission may provide financial support to any network of towns and cities organised at European level which wishes to develop such activities at European level in compliance with the basic principles of the fifth environment action programme and subject to the Commission's approval of the planned work programme.

With regard to the accompanying measures, specified in the Annex, needed to analyse and monitor the activities, other players may be eligible in the context of the cooperation framework.

3. Community support shall relate to activities scheduled to take place in the course of the year to which the financial contribution relates or the following two years.

Article 3

1. The Commission shall determine the priority activities to be carried out in the areas of activity indicated in Article 1.

2. The Commission shall publish in the Official Journal of the European Communities a communication describing the priority activities to be funded and specifying the selection and allocation arrangements and the application and approval procedures.

Article 4

The Commission shall ensure consistency, complementarity and synergy between the Community activities and projects to implement this cooperation framework and other Community programmes and initiatives, in particular the URBAN initiative. Projects following the guidelines of the financial instrument for the environment (LIFE) shall not be eligible for funding under this cooperation framework.

Article 5

1. The annual appropriations shall be authorised by the budgetary authority within the limits of the financial perspective. The overall budget for implementing this programme for the period 2001-2004 shall be EUR 12,4 million.

2. Financial support of EUR 350000 or more may be obtained only if the beneficiary's accounts for the previous two years have been certified by a registered auditor.

The accounts for the period during which the subsidy is used shall also be certified by a registered auditor.

Financial support amounting to less than EUR 350000 can only be obtained if the beneficiary's accounts are available in a form recognised by the Commission for the two preceding years and are presented in that form for the period during which the subsidy is used.

Article 6

1. The Commission shall select the priority activities on the basis of general criteria such as:

(a) a sound cost-benefit ratio;

(b) a lasting multiplier effect at European level;

(c) effective and balanced cooperation among the various partners with regard to programming and carrying out activities, and financial participation;

(d) a contribution to a multinational approach, and in particular to transfrontier cooperation within the Community and, where appropriate, beyond its frontiers with neighbouring countries;

(e) a contribution to a multisectoral approach;

(f) the degree of involvement of all the players, including the representatives of civil society.

2. The Commission shall specify the additional criteria to be used for selecting the activities to be funded.

3. After assessing the proposals, the Commission shall choose the activities which will be funded. The decision shall give rise to the conclusion, with the beneficiaries responsible for implementation, of a contract governing the rights and obligations of the partners.

Article 7

This programme shall be open to participation by the Central and Eastern European Countries (CEECs) in accordance with the conditions laid down in the additional protocols to the Association Agreements relating to participation in Community programmes to be concluded with those countries. This programme shall be open to participation by Cyprus and Malta on the basis of additional appropriations under the same rules as those applied to European Free Trade Area countries in accordance with procedures to be agreed with those countries.

Article 8

1. In order to ensure the success of the activities carried out by the beneficiaries of Community support, the Commission shall take the necessary measures to:

(a) verify that activities proposed to the Commission have been carried out properly;

(b) prevent and take action against irregularities;

(c) recover, where appropriate, sums improperly received.

2. Without prejudice to the financial audit carried out by the Court of Auditors pursuant to Article 248 of the Treaty or inspections carried out pursuant to point (c) of Article 279 of that Treaty, officials and other staff of the Commission may carry out on-the-spot checks, including sample checks, on activities funded in this cooperation framework.

The Commission shall inform beneficiaries in advance of any on-the-spot check, unless there are good reasons to suspect fraud or improper use of the aid.

3. Beneficiaries of financial support shall keep available for the Commission all supporting documents regarding expenditure on an activity for a period of five years following the last payment in respect of that activity.

Article 9

1. The Commission may reduce, suspend or recover the financial support granted through a contract if it finds irregularities or if it learns that, without its approval, the contract has been subject to a major change which conflicts with the agreed objectives or implementing conditions.

2. If the deadlines have not been observed or if only part of the financial support allocated is justified by the progress with implementation of a contract, the Commission shall request the beneficiary to submit any explanations within a specified period. If the beneficiary does not provide a satisfactory answer, the Commission may cancel the remaining financial aid and demand prompt repayment of sums already paid.

3. Beneficiaries shall submit to the Commission a report for each contract within six months of its completion. The Commission shall determine the form and content of that report. If the report is not submitted within this time-limit, the beneficiary shall no longer be eligible for subsequent funding under this Decision.

4. Any undue payment shall be repaid to the Commission. Interest may be added to sums not repaid in good time. The Commission shall lay down the detailed rules for implementing this paragraph.

Article 10

A list of the beneficiaries and activities funded through this cooperation framework, together with an indication of the amount of aid, shall be published in the Official Journal of the European Communities.

Article 11

The Commission shall assess its implementation and shall submit a report in this connection to the European Parliament and to the Council no later than 31 March 2003.

Article 12

This Decision shall be applicable from 1 January 2001 until 31 December 2004.

(1) OJ L 275, 10.10.1998, p. 1.

(2) OJ C 138, 17.5.1993, p. 5.

(3) COM(1998) 605 final.

(4) OJ C 226, 20.7.1998, pp. 34 and 36 (A4-0177/98 (Report by Mrs Pollack), A4-0172/98 (Report by Mrs Napolitano)) and OJ C 279, 1.10.1999, p. 44. (A4-0247/99 (Report by Mr Orlando)).

(5) OJ C 51, 22.2.1999, p. 21, Cdr 145/98 (Report by Mr Niederbremer).

(6) OJ C 251, 10.8.1998, p. 11, Cdr 316/97 fin (Report by Mr Peper).

ANNEX

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