Re-examined proposal for a COUNCIL REGULATION (EEC) amending Regulation (EEC) No 4255/88 of 19 December 1988 laying down provisions for implementing Regulation (EEC) No 2052/88 as regards the European Social Fund
Date: 1993-07-15
Institutions: European Commission
Subjects: European Regional Development Fund, education policy, financing plan, less-favoured region, public health, transport infrastructure

COMMISSION  OF  THE  EUROPEAN  COMMUNITIES 

C0MC93) 379 final 

Brussels,  15 July  1993 

Re-examined proposal  for a 
COUNCIL REGULATION  (EEC) 
amending Council Regulation  (EEC) No 2052/88 of 24 June 1988 
on the tasks of the Structural Funds and their effectiveness 
and on coordination of their activities between  themselves 
and with the operations of the European  Investment  Bank 
and the other existing  financial  instruments 

SYN455 

Re-examined proposal  for a 
COUNCIL REGULATION  (EEC) 
amending 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 

SYN455 

Re-examined proposal  for a 
COUNCIL REGULATION  (EEC) 
amending Council Regulation  (EEC) No 4254/88 of 19 December  1988 
laying down provisions for  implementing 
Regulation  (EEC) No 2052/88 as regards the 
European Regional Development Fund 

SYN457 

Re-examined  proposal  for a 
COUNCIL REGULATION  (EEC] 
amending Regulation  (EEC) No 4255/88 of  19 December  1988 
laying down provisions for  implementing 
Regulation  (EEC) No 2052/88 
as regards the European Social Fund 

SYN457 

Re-examined  proposal  for a 
COUNCIL REGULATION  (EEC) 
amending Regulation  (EEC) No 4256/88 of  19 December  1988 
laying down provisions  for  implementing 
Regulation  (EEC) No 2052/88 
as regards the European Agricultural  Guidance and 
Guarantee Fund  (EAGGF) Guidance Section 

SYN457 

Re-examined proposal  for a 
COUNCIL REGULATION  (EEC) 
laying down provisions for implementing Council Regulation  (EEC) 
No 2052/88 as regards the Financial  Instrument  for 
Fisheries Guidance 

<?YN4*57 

(presented by the Commission pursuant to Article  149(2)(d) 
of the EEC Treaty) 

A-

EXPLANATORY MEMORANDUM 

On  24 June  1993,  following  Parliament's  first  reading  on  22 June,  the 
Commission  sent  to the Council  amended  proposals  for  the  Structural  Funds 
Regulations  (EEC) Nos 2052/88, 4253/88,  4254/88,  4255/88  and  4256/88  and 
the Regulation  for the FIFG. 

In  its  communication  to  Parliament  of  7 July,  the  Commission  commented  on 
the  common  position  adopted  by  the  Council  on  3 July,  welcoming  its 
acceptance  of a  large number of Parliament's most  important  amendments, or 
at  least  those  which  the  Commission  itself  had  accepted:  regular 
information  to  Parliament  on  the  Community's  structural  measures, greater 
attention  to  environmental  policy  and  equal  opportunities  for  men  and 
women, and a more detailed method  for designating  the areas eligible under 
Objectives 2 and 5(b). 

However,  in  its  communication  the  Commission  also  regretted  that  the 
Council  had  watered  down  the  principle  of  associating  the  economic  and 
social  partners  in  the  preparation  and  implementation  of  Community 
structural  measures.  It  also  deplored  the  establishment  of  a  new 
Management Committee for the Community  initiatives. 

Subsequently,  a meeting  between Parliament, the Council  and the  Commission 
on  12 June  reached  an  agreement  enabling  Parliament  to  complete  its 
consideration of and issue opinions on the six proposed regulations. 

As  a  result  of  that  arrangement  between  the  three  Institutions  and  the 
votes on amendments at second reading and Parliament's opinions on 14 July, 
the Commission  is now sending  to the Council  its re-examined  proposals  for 
the  Regulations  concerned  which,  in  view  of  the  extreme  urgency  of  the 

"patter, comprise only the amendments to the proposals  it sent on 24 June. 

Its rë-examination covers in particular: 

a  new  wording  in  the  Framework  Regulation  and  the  ERDF  and  ESF 
Regulations  concerning  the  association  of  the  economic  and  social 
partners, as agreed at the meeting between the three institutions; 

communication  to  Parliament  of  proposed  Community  initiatives  (under 
the  Coordination  Regulation  and  the  ERDF  Regulation)  that  are  to  be 
transmitted  to the new Management Committee composed of  representatives 
of the Member State; 

a  reference  to  the  Green  Paper  on  the  Community  initiatives  in  a 
recital to the Coordination Regulation; 

- 2 -

- 

the  laying  down  of  arrangements  for  the  implementation  of 
Objective 5(a) by the Council, acting on a proposal  from the Commission 
and  after  securing  Parliament's  opinion  before  31 December  1993 
(Framework  Regulation,  EAGGF  Guidance  Section  Regulation  and  FIFG 
Regulation). 

The  Commission  has,  however,  been  unable  to  accept  the  other  amendments 
voted  by  Parliament  on  second  reading  because  it  considered  that  it  had 
already  taken  them  into  account  in  large  measure,  at  least  in  spirit, in 
its amended proposals and because it was necessary to preserve the delicate 
balance of the common position adopted by the Council.  However, it must be 
noted  that Parliament's main concerns  have been met  by the  statements made 
by  the  Commission  to  the  whole  House  and  recorded  in  the  minutes  of  the 
tri-partite meeting of 12 July and in those of Parliament's plenary  sitting 
of 13 July.  These centred principally on: 

- 

- 

taking  account of the guidelines  laid down by  Parliament  in its debate 
on the Green Paper on the Community  initiatives; 

whenever possible, seeking Parliament's comments before the decision to 
introduce each Community  initiative; 

establishment of a code of conduct to give Parliament a greater role in 
the monitoring  and assessment of Community  structural measures; 

a  commitment  by  the  three  Institutions  to  complement  assistance  from 
the  Structural  Funds  by  ad hoc  measures  in  areas  of  non-member 
countries  bordering  on  the  Community  to  be  financed  from  a  specific 
budget heading lying outside Title B-2; 

- 

presentation  as  necessary  of  appropriate  proposals  on  the  Regulations 
governing  the  Structural  Funds  in  the  light  of  the  first  three-year 
report on economic and social cohesion. 

s 

Re-examined proposal  for a 
COUNCIL REGULATION  (EEC) 
amending Council Regulation  (EEC) No 2052/88 of 24 June  1988 
on the tasks of the Structural Funds and their effectiveness 
and on coordination of their activities between  themselves 
and with the operations of the European  Investment  Bank 
and the other existing  financial  instruments 

The amended proposal remains unchanged except  for the  following: 

The first  subparagraph of Article 4(1) is replaced  by the  following: 

"Community  operations  shall  be  such  as  to  complement  or  contribute  to 
corresponding  national operations. They  shall be established  through close 
consultations  between  the Commission,  the Member  States  concerned  and the 
competent  authorities  and  bodies  -  including,  within  the  context  of  each 
Member  State's  national  institutional  rules  and  current  practices,  the 
economic  and  social partners - designated by the Member  State at national, 
regional,  local  or  other  level,  with  each  party  acting  as  a  partner  in 
pursuit  of  a common  goal. These consultations  are hereinafter  referred  to 
as  the  'partnership*.  The  partnership  shall  cover  the  preparation, 
financing, monitoring  and assessment  of operations." 

Article  11 is replaced by the  following: 

"Article 11 

Objective 5(a) 

The detailed  rules  for  implementing  operations  relating  to  the  adjustment 
of  structures  in  agriculture  and  the  fisheries  sector  (Objective 5(a)) 
shall be laid down  in accordance with Article  3(4) and (5)." 

Re-examined proposal for a 
COUNCIL REGULATION  (EEC) 
amending Council Regulation  (EEC) No 4253/88 of  19 December  1988 
laying down provisions for implementing Regulation  (EEC) No 2052/83 
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 

The amended proposal remains unchanged except for the following: 

A new recital is inserted: 

'7a. 

Whereas  operations  of  significant  interest  to  the  Community 
undertaken  at  the  initiative  of  the  Commission  have  an  important 
role  to  play  in  achieving  the  general  objectives  of  Community 
structural  policy  as  set  out  in  Article 1  of  Regulation  (EEC) 
No 2052/88;  whereas  these  initiatives  should  primarily  help  to 
inter-regional 
promote 
cooperation and assist the most remote regions, in accordance with 
the principle of subsidiarity; whereas the Commission has adopted, 
as  COM (93) 282,  a  Green  Paper  on  the  future  of  the  Community 
initiatives  in order  to encourage  a wide  discussion  on  the  types 
of Community  initiatives to be undertaken  in the future;" 

trans-national 

cross-border, 

and 

The first subparagraph of Article 11(1) is amended to read as follows: 

"In  accordance  with  Article 5(5)  of  Regulation  (EEC)  No 2052/88,  the 
Commission  may  on  its  own  initiative,  after  informing  the  European 
] and  in  accordance  with  the  procedures  provided  for  in 
Parliament  [ 
Title  VIII,  decide  to  propose  to  the  Member  States  that  they  submit 
applications  for assistance in respect of measures of significant  interest 
to the Community. Any assistance approved pursuant to this provision shall 
be  reflected  in  the  establishment  or  revision  of  the  relevant  Community 
support  framework." 

Re-examined proposal  for a 
COUNCIL REGULATION  (EEC) 
amending Council Regulation  (EEC) No 4254/88 of  19 December  1988 
laying down provisions for  implementing 
Regulation  (EEC) No 2052/88 as regards the 
European Regional Development  Fund 

The amended proposal remains unchanged except  for the following: 

The third subparagraph of Article 3(2) is replaced by the following: 

"When  they  are  undertaken  on  the  initiative  of  the  Commission,  the 
Commission,  after  informing  [  ]  the  European  Parliament  and  after 
consulting  the  Committee  referred  to  in  Article 29a  of  Regulation  (EEC) 
No 4253/88, shall  lay  down  their  guidelines  and  invite  the  Member  States 
concerned  to  establish  requests  for  assistance.  It  shall  order  their 
publication  in the  Official 
of 

the  European 

Communities." 

Journal 

Article 9 is replaced by the following: 

"The  Community's  regional  action  shall  be  carried  out  in  close 
consultation  between  the  Commission, the  Member  States  concerned  and  the 
competent  authorities  and  bodies  -  including, within  the  context  of  each 
Member  State's  national  institutional  rules  and  current  practices,  the 
economic  and  social  partners  -  designated  by  the  Member  States,  in 
accordance  with  Article 4(1)  of  Regulation  (EEC)  No 2052/88,  for  the 
implementation of measures at regional level." 

é 

Re-examined proposal  for a 
COUNCIL REGULATION  (EEC) 
amending Regulation  (EEC) No 4255/88 of  19 December  1988 
laying down provisions for  implementing 
Regulation  (EEC) No 2052/88 
as regards the European Social Fund 

The amended proposal remains unchanged except for the following: 

The second  subparagraph of Article 4(1) is replaced by the following: 

"These plans  should  indicate  the manner  in which  the  obligation  referred 
to in Article 4 of Regulation  (EEC) No 2052/88 to involve the economic and 
social  partners  in  the  partnership  ( 
), within  the  context  of  each 
Member  State's  national  institutional  rules  and  current  practices,  has 
been taken  into account." 

The second  indent of Article 4(3) is replaced by the following: 

"- the way  in which  the Member  States will  secure, within  the  context  of 
each Member State's national  institutional  rules and current practices, 
the participation of the economic and social partners and of vocational 
training  bodies  at  the  approporiate  level  when  preparing  actions, 
particularly  as  regards  anticipating  the effects  of  industrial  changes 
and changes in production systems;" 

> 

Re-examined  proposal  for a 
COUNCIL REGULATION  (EEC) 
amending Regulation  (EEC) No 4256/88 of 19 December  1988 
laying down provisions  for  implementing 
Regulation  (EEC) No 2052/88 
as regards the European Agricultural Guidance and 
Guarantee Fund  (EAGGF) Guidance  Section 

The amended proposal remains unchanged  except  for the  following: 

The following Article  is inserted: 

"Article 11a 

Without  prejudice  to  Article 33  of  Regulation  (EEC)  No 4253/88,  the 
Council,  acting  on  a proposal  from  the  Commission  in  accordance  with  the 
procedure  laid  down  in  Article 43  of  the  Treaty,  shall  decide  not  later 
than  31 December  1993  on  adjustments  to  common  measures  financed  under 
Article 2  of  Regulation  (EEC)  No 4256/88,  with  a  view  to  achieving  the 
goals  set  out  in  Regulation  (EEC)  No 2052/88  and  in  accordance  with  the 
rules set out  in Regulations  (EEC) Nos 2052/88 and. 4253/88 as well as with 
Regulation  (EEC) No 4256/88." 

Re-examined proposal  for a 
COUNCIL REGULATION  (EEC) 
laying down provisions for implementing Council Regulation  (EEC) 
No 2052/88 as regards the Financial  Instrument for 
Fisheries Guidance 

The amended proposal remains unchanged except  for the following: 

The following  is inserted: 

"Article 6 

Without  prejudice  to  Article 33  of  Regulation  (EEC)  No 4253/88  and 
Article 9  of  this  Regulation,  the  Council,  acting  on  a  proposal  from  the 
Commission  in accordance with the procedure  laid down  in Article 43 of the 
Treaty,  shall adopt not  later than  31 December  1993 the detailed  rules and 
conditions  for  the  FIFG  contribution  to  the  measures  for  adaptation  of 
structures in the sector covered by this Regulation." 

j 

ISSN 0254-1475 

COM(93) 379 final 

DOCUMENTS 

EN 

01 

Catalogue number : CB-CO-93-407-EN-C 

ISBN 92-77-58312-6 

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