98/77/EC: Commission Decision of 20 November 1997 on the approval of the single programming document for Community structural assistance in the region of Lorraine concerned by objective 2 in France (Only the French text is authentic)
Date: 1997-11-20
Institutions: European Commission
Subjects: EU financial instrument, European Investment Bank, Lorraine, Structural Funds, economic priority, regional aid

20. 1. 98

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Official Journal of the European Communities

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(Acts whose publication is not obligatory)

COMMISSION

COMMISSION DECISION

of 20 November 1997

on the approval of the single programming document for Community structural
assistance in the region of Lorraine concerned by objective 2 in France

(Only the French text is authentic)

(98/77/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Having regard to Council Regulation (EEC) No 4253/88
of 19 December 1988 laying down provisions for imple-
menting Regulation (EEC) No 2052/88 as regards co-
ordination of activities of the different Structural Funds
between themselves and with the operations of the Euro-
pean Investment Bank and the other existing financial
instruments (1), as last amended by Regulation (EC) No
3193/94 (2), and in particular Article 10(1) last subpara-
graph thereof,

order to simplify and to speed up programming proced-
ures, Member States may submit in a single programming
document the information required for the regional and
social conversion plan referred to in Article 9(8) of Regu-
lation (EEC) No 2052/88 and the information required at
Article 14(2) of Regulation (EEC) No 4253/88; whereas
the last subparagraph of Article 10(1) of Regulation (EEC)
No 4253/88 foresees that in that case the Commission
adopts a single decision in a single document covering
the points referred to in Article 8(3) and the assistance
from the Funds referred to in the last subparagraph of
Article 14(3);

After consultation of
Development
Committee pursuant to Article 124 of the Treaty,

the Advisory Committee on the
and the

and Conversion of Regions

Whereas the Commission has established, by Decision
96/472/EC (4),
areas
concerned by objective 2 for the programming period
from 1997 to 1999;

list of declining industrial

the

Whereas the programming procedure for structural assist-
ance under objective 2 is defined in Article 9(6) to (10) of
Council Regulation (EEC) No 2052/88 of 24 June 1988
on the tasks of the Structural Funds and their effect-
iveness and on coordination of their activities between
themselves and with the operations of
the European
Investment Bank and the other existing financial instru-
ments (3),
amended by Regulation (EC) No
3193/94; whereas however the last subparagraph of Article
5(2) of Regulation (EEC) No 4253/88 foresees that in

last

as

Whereas the global maximum allocation foreseen for the
assistance of the Structural Funds for the present single
programming document is composed of resources coming
from the indicative allocation of Structural Fund commit-
ment appropriations for the period 1997 to 1999 under
objective
from Commission Decision
96/468/EC (5) and from unused appropriations of ECU
31,086 million of the corresponding single programming
document covering the period 1994 to 1996, pursuant to
Commission Decision C (96) 4156 of 18 December 1996;

resulting

2

(1) OJ L 374, 31. 12. 1988, p. 1.
(2) OJ L 337, 24. 12. 1994, p. 11.
(3) OJ L 185, 15. 7. 1988, p. 9.

(4) OJ L 193, 3. 8. 1996, p. 54.
(5) OJ L 192, 2. 8. 1996, p. 29.

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20. 1. 98

Whereas the French Government has submitted to the
Commission on 10 January 1997 the single programming
document as referred to in Article 5(2) of Regulation
(EEC) No 4253/88 for the region of Lorraine; whereas this
document contains the elements referred to in Article 9(8)
of Regulation (EEC) No 2052/88 and in Article 14(2) of
Regulation (EEC) No 4253/88; whereas expenditure under
this single programming document is eligible as from
that date;

Whereas the single programming document submitted by
this Member State includes a description of the conver-
sion priorities selected and the applications for assistance
from the European Regional Development Fund (ERDF)
and the European Social Fund (ESF) as well as an indica-
tion of the planned use of the assistance available from
the European Investment Bank (EIB) and the other finan-
instruments in implementing the single program-
cial
ming document;

Whereas,
in accordance with Article 3 of Regulation
(EEC) No 4253/88, the Commission is charged with en-
suring, within the framework of
the partnership, co-
ordination and consistency between assistance from the
Funds and assistance provided by the EIB and the other
financial instruments;

Whereas the EIB has been involved in the drawing up of
the single programming document in accordance with the
provisions of Article 8(1) of Regulation (EEC) No
4253/88, applicable by analogy in the establishment of
the single programming document; whereas
it has
declared itself prepared to contribute to the implementa-
tion of this document in conformity with its statutory
provisions; whereas, however, it has not yet been possible
to evaluate precisely the amounts of Community loans
corresponding to the financial needs;

the Community

Whereas
the second subparagraph of Article 2 of
Commission Regulation (EEC) No 1866/90 of 2 July
1990 on arrangements for using the ecu for the purpose
of the budgetary management of the Structural Funds (1),
as last amended by Regulation (EC) No 2745/94 (2), stipu-
lates that in the Commission decisions approving a single
assistance
programming document,
available for the entire period and the annual breakdown
thereof shall be set out in ecus at prices for the year in
which each decision is taken and shall be subject to
this annual breakdown must be
indexation; whereas
compatible with the progressive increase in the commit-
ment appropriations shown in Annex II to Regulation
(EEC) No 2052/88; whereas indexation is based on a
single rate per year, corresponding to the rates applied
annually to budget appropriations on the basis of the
mechanism for the technical adjustment of the financial
perspectives;

Whereas Article 1 of Council Regulation (EEC) No
4254/88 of 19 December 1988 laying down provisions for

(1) OJ L 170, 3. 7. 1990, p. 36.
(2) OJ L 290, 11. 11. 1994, p. 4.

implementing Regulation (EEC) No 2052/88 as regards
the European Regional Development Fund (3),
as
amended by Regulation (EEC) No 2083/93 (4), defines the
measures for which the ERDF may provide financial
support;

Whereas Article 1 of Council 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 (5), as amended by Regulation
(EEC) No 2084/93 (6), defines the measures for which the
ESF may provide financial support;

Whereas the single programming document has been
established in agreement with the Member
State
concerned through the partnership defined in Article 4 of
Regulation (EEC) No 2052/88;

Whereas Article 9(3) of Regulation (EEC) No 4253/88 lays
down that Member States shall provide the relevant finan-
cial information to the Commission to permit verification
of the respect of the principle of additionality; whereas
the analysis, in the framework of partnership, of the infor-
mation provided for by the French Authorities has not yet
allowed this verification; whereas, payments should there-
fore be suspended after the first advance provided for in
Article 21(2) of the said regulation until the Commission
has verified the respect of the additionality;

Whereas the present assistance satisfies the conditions
laid down in Article 13 of Regulation (EEC) No 4253/88,
and so should be implemented by means of an integrated
approach involving finance from more than one Fund;

Whereas Article 1 of
the Financial Regulation of 21
December 1977 applicable to the general budget of the
European Communities (7), as last amended by Regulation
(EC, Euratom, ECSC) No 2335/95 (8), states that the legal
commitments entered into for measures extending over
more than one financial year must contain a time limit
for implementation which must be specified to the re-
cipient in due form when the aid is granted;

Whereas it is appropriate to mention that this Decision is
ruled by the provisions on the eligibility of expenditure
laid down in the Annex to Commission Decision C (97)
1035/1 of 23 April 1997 modifying the decisions approv-
the single
ing the Community support
programming documents and the Community initiatives
programmes in respect of France;

frameworks,

Whereas all the other conditions laid down for the grant
of aid from the ERDF and the ESF have been complied
with,

(3) OJ L 374, 31. 12. 1988, p. 15.
(4) OJ L 193, 31. 7. 1993, p. 34.
(5) OJ L 374, 31. 12. 1988, p. 21.
(6) OJ L 193, 31. 7. 1993, p. 39.
(7) OJ L 356, 31. 12. 1977, p. 1.
(8) OJ L 240, 7. 10. 1995, p. 12.

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HAS ADOPTED THIS DECISION:

Article 3

Article 1

1.
For the purpose of indexation, the annual break-
down of the global maximal allocation foreseen for the
assistance from the Structural Funds is as follows:

The single programming document for Community struc-
tural assistance in the region of Lorraine concerned by
objective 2 in France, covering the period 1 January 1997
to 31 December 1999, is hereby approved.

Article 2

The single programming document includes the follow-
ing essential elements:

(a) a statement of the main priorities for joint action, their
specific quantified objectives, an appraisal of
their
expected impact and their consistency with economic,
social and regional policies in France;

the main priorities are:

1. to encourage the creation of activity,

2. to continue the development of the European de-

velopment pole (PED),

3. to strengthen the competitiveness of companies,

4. to strengthen the environment and the quality of

training,

5. to improve the environment,

6. to continue the urban upgrading and develop

support for disadvantaged quarters,

7. to develop the touristic potential,

8. technical assistance;

(b) the assistance from the Structural Funds as referred to

in Article 4;

(c) the detailed provisions for implementing the single

programming document comprising:

— the procedures for monitoring and evaluation,

— the provisions on financial implementation,

— the rules for compliance with Community policies;

(d) the procedures for verifying additionality;

(e) the arrangements for associating the environmental
the single

authorities with the implementation of
programming document;

(f)

the means available for technical assistance necessary
for the preparation, implementation or adaptation of
the measures concerned.

1997

1998

1999

million ECU (1997 prices)

45,609

47,408

49,484

Total

142,501

2.
To this global maximum allocation is added an
amount of ECU 31,086 million not subject to indexation,
resulting from unused appropriations of the correspond-
ing single programming document covering the period
1994 to 1996.

Article 4

The assistance from the Structural Funds granted to the
single programming document amounts to a maximum of
ECU 173,587 million.

The procedure for granting the financial assistance, in-
cluding the financial contribution from the Funds to the
various priorities and measures, is set out in the financing
plan and the detailed implementing provisions which
form an integral part of the single programming docu-
ment.

The national financial contribution envisaged, which is
approximately ECU 195 million for the public sector and
ECU 12 million for the private sector, may be met in part
by Community loans, in particular from the EIB.

Article 5

The breakdown among the Structural Funds of the

1.
total Community assistance available is as follows:

— ERDF:
— ESF:

ECU 143,527 million
ECU 30,060 million

The budgetary commitments for the first instalment

2.
are as follows:

— ERDF:
— ESF:

ECU 45,928 million
ECU 9,620 million

Commitments of subsequent instalments will be based on
the financing plan for the single programming document
and on progress in its implementation.

Payments subsequent to the first advance provided
3.
for in Article 21(2) of Regulation (EEC) No 4253/88 shall
be subject to confirmation by the Commission of the
respect of the principle of additonality on the basis of the
relevant information supplied by the Member State.

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Article 6

The breakdown among the Structural Funds and the
procedure for the grant of the assistance may be altered
subsequently, subject to the availability of funds and the
budgetary rules, in the light of adjustments decided ac-
cording to the procedure laid down in Article 25(5) of
Regulation (EEC) No 4253/88.

Article 7

The Community aid concerns expenditure on operations
under the single programming document which, in the
legally
Member State concerned, are the subject of
binding commitments and for which the requisite finance
has been specifically allocated no later than 31 December
1999. The final date for taking account of expenditure on
these measures is 31 December 2001.

Article 8

The single programming document shall be implemented
in accordance with Community law, and in particular

Articles 6, 30, 48, 52 and 59 of
the Treaty and the
Community directives on the coordination of procedures
for the award of contracts.

Article 9

This Decision is ruled by the provisions laid down in the
Annex to Decision C (97) 1035/1.

Article 10

This Decision is addressed to the French Republic.

Done at Brussels, 20 November 1997.

For the Commission

Monika WULF-MATHIES

Member of the Commission