EN Official Journal of the European Union CE 84/154

(2004/C 84 E/0192)

WRITTEN QUESTION E-0042/04

by Elspeth Attwooll (ELDR) to the Commission

(20 January 2004)

Subject: Structural Fund decommitments in Scotland

Further to the Commission's answer to Written Question P-2263/03 (1) with regard to structural funding, in which it was stated that the Commission would be in a position to determine the potential amounts of decommitment from the Highlands and Islands Special Transitional Programme under the ‘N+2’ rule after 31 December 2003, can the Commission now provide such information?

Furthermore, is the Commission yet able to provide information on any decommitments resulting from the Structural Funds programmes in Scotland for the period 1994-1999?

Answer given by Mr Barnier on behalf of the Commission

(4 March 2004)

Article 31(2) of Council Regulation (EC) No 1260/1999 of 21 June 1999 laying down general provisions on the Structural Funds (2) provides for the Commission to decommit any part of the commitment of the year ‘n’ that has not been settled by the payment on account or for which it has not received an acceptable payment application at the end of the year ‘n+2’.

For the Highlands and Islands Special Transitional Programme by the end of 2002 all the Structural Funds met the N+2 rule with the exception of the European Agricultural Guidance and Guarantee Fund (EAGGF) whose payments on account or acceptable payment applications submitted for assistance were lower than the amounts committed in 2000. The unused part of that commitment was, therefore, to be decommitted.

The Commission, having consulted the United Kingdom authorities, has determined that the sum in question in relation to the EAGGF is from the 2000 commitment EUR 2 026 960,77.

The financial tables of the Single Programming Document were amended accordingly by Decision C (2003) 5280 of 19 December 2003 to take into account such a decommitment of EAGGF assistance.

Concerning 2001 commitments of the Highlands and Islands Special Transitional Programme, no decom-mitment for any of the Structural Funds under the ‘N+2’ rule is foreseen.

With regard to the programming period 1994-1999, the Commission wrote to the Scottish authorities on 22 August 2003 and 24 October 2003 to propose the decommitment of a European Regional Development Fund (ERDF) amount of EUR 82 882 223,64 corresponding to the unused part of the appropriations allocated to Scottish programmes, following provisional calculations on the basis of final payment claims submitted. The Scottish authorities have agreed that this is the correct figure. The above amount has been decommitted.

The breakdown of programmes affected by these decommitments is as follows:

(in euros) ERDF No Title Decommitment 970913004 DOCUP WESTERN SCOTLAND STRATHCLYDE OBJ2 97-99 34 131 448,00 970913003 DOCUP EASTERN SCOTLAND OBJ2 97-99 16 742 618,00 940913009 GRAMPIAN (OBJ5B) 206 849,00 940913018 DOCUP WESTERN SCOTLAND STRATHCLYDE OBJ2 31 801 308,64 Total 82 882 223,64

Moreover, in addition to the above amount, EUR 1 040 915,25 of ERDF assistance has been decommitted for the 1994-1996 Eastern Scotland Objective 2 Programme upon closure.

Regarding the other Scottish programmes, no further programme has been closed since the Commission replied to the Honourable Member's written question P-2263/03. Therefore, only when all the documents are assessed — including the audit control statements — and the closure process is completed, will the Commission be in a position to determine the total amounts allocated to Scotland to be decommited.

Such closure would, however, be without prejudice to any later decisions that might arise cancelling or reducing assistance and ordering the reimbursement of monies wrongfully paid out. Such decisions may be necessary pursuant to Article 24 of Regulation (EC) No 4253/1988 (3), as amended, or due to infringement procedures opened pursuant to Article 226 of the EC Treaty, State Aid procedures and corrections which may prove necessary following the findings of future audits of the expenditure declared.

(1) OJ C 33 E, 6.2.2004, p. 240.

(2) OJ L 161, 26.6.1999, as last amended by Council Regulation (EC) No 1105/2003 of 26 May 2003, OJ L 158, 27.6.2003.

(3) 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, OJ L 374, 31.12.1988.