98/586/EC: Commission Decision of 29 September 1998 on the approval of the multiregional single programming document for the conversion of the activities of defence in the areas concerned by Objective 2 in France (notified under document number C(1998) 2787) (Only the French text is authentic)
Date: 1998-09-29
Institutions: European Commission
Subjects: Community loan, France, defence policy, economic conversion, redevelopment aid, regional planning

L 282/70

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Official Journal of the European Communities

20. 10. 98

COMMISSION

COMMISSION DECISION

of 29 September 1998

on the approval of the multiregional single programming document for the
conversion of the activities of defence in the areas concerned by Objective 2 in
France

(notified under document number C(1998) 2787)

(Only the French text is authentic)

(98/586/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,

After consultation of the Advisory Committee on the
Development and Conversion of Regions,

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 effective-
ness and on coordination of their activities between them-
selves and with the operations of the European Invest-
instru-
ment Bank and the other existing financial
ments (3), as last amended by Regulation (EC) No 3193/
94; whereas Article 4(3) of Regulation (EEC) No 2052/88
provides
to
the Commission may
financing technical assistance;

contribute

that

Whereas Article 10(1), last subparagraph, of Regulation
(EEC) No 4253/88 foresees that the Commission adopts a
single decision on the basis of a single programming

document submitted by the Member State 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);

Whereas the French Government has submitted to the
Commission on 18 April 1997 the multiregional single
programming document for the conversion of the activi-
ties of defence in the areas concerned by Objective 2 in
France; whereas expenditure under this single program-
ming document is eligible as from that date;

Whereas Article 2, second subparagraph, of Commission
Regulation (EEC) No 1866/90 of 2 July 1990 on arrange-
ments for using the ecu for the purpose of the budgetary
management of the Structural Funds (4), as last amended
by Regulation (EC) No 2745/94 (5), stipulates that in the
Commission Decisions approving a single programming
document, the Community assistance 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 indexation;
whereas this annual breakdown must be compatible with
the progressive increase in the commitment appropria-
tions 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;

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

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Official Journal of the European Communities

L 282/71

Whereas Article l of 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 (1),
as
amended by Regulation (EEC) No 2083/93 (2), defines the
measures for which the ERDF may provide financial
support;

programming documents and the Community initiatives
programmes in respect of France (5);

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

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;

HAS ADOPTED THIS DECISION:

Article 1

Whereas one measure planned under this single program-
ming document includes the part-financing of an aid
scheme which has not yet been approved by the Commis-
should be
sion; whereas
reduced by the amounts corresponding to the said
measure until
the aid scheme is approved by the
Commission;

the financial commitment

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 authorities of France has not
yet allowed this verification; whereas payments should
therefore be suspended after the first advance provided for
in Article 21(2) of the said Regulation until the Commis-
sion has verified the respect of additionality;

the Financial Regulation of 21
Whereas Article 1 of
December 1977 applicable to the general budget of the
European Communities (3), as last amended by Regulation
(EC) No 2444/97 (4), states that the legal commitments
entered into for measures extending over more than one
financial year must contain a time limit for implementa-
tion which must be specified to the recipient in due form
when the aid is granted;

subject

Whereas Article 20(3) of Regulation (EEC) No 4253/88
provides,
for a single
commitment where the Community assistance granted is
less than ECU 40 million for the whole programming
period;

to available funding,

Whereas it is appropriate to mention that this Decision is
governed by the provisions on the eligibility of expend-
iture laid down in the Annex to Commission Decision
97/317/EC of 23 April 1997 modifying the decisions
approving the Community support frameworks, the single

(1) OJ L 374, 31. 12. 1988, p. 15.
(2) OJ L 193, 31. 7. 1993, p. 34.
(3) OJ L 356, 31. 12. 1977, p. 1.
(4) OJ L 340, 11. 12. 1997, p. 1.

The multiregional single programming document for the
conversion of
the activities of defence in the areas
concerned by Objective 2 in France, covering the period 1
January 1998 to 31 December 1999, is hereby approved.

Article 2

single programming

The
the
following essential elements provided for in the second
subparagraph of Article 9(9) of Regulation (EEC) No
4253/88:

document

includes

(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. development of partnerships with major industrial

groups linked to the defence sector;

2. reinforcement of the financial structure of SMEs;

3. support for the major investment projects;

4. conversion of industrial and military waste lands;

5. 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 pol-

icies;

(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.

(5) OJ L 146, 5. 6. 1997, p. 1.

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Article 3

Article 6

For the purpose of indexation, the annual breakdown of
the global maximal allocation foreseen for the assistance
from the Structural Funds is as follows:

million ECU (1998 prices)

1998

1999

Total

25,590

12,770

38,360

Article 4

The assistance from the ERDF granted to the single
programming document amounts to a maximum of ECU
38,360 million.

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

The national financial contribution envisaged, which is
approximately ECU 35,40 million for the public sector
and ECU 62,57 million for the private sector, may be met
in part by Community loans, in particular from the ECSC
and the EIB.

Article 5

The budgetary commitment at

1.
the moment of
approval of the single programming document refers to
the total Community assistance.

In accordance with the rules laid down in Article 7, this
commitment does not include the amounts relating to the
aid scheme not yet approved by the Commission. The
corresponding commitment will be made after
the
approval of the aid scheme concerned.

The commitment amounts to ECU 31,360 million.

2.
Payments subsequent to the first advance provided
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 additionality on the basis of the
relevant information supplied by the Member State.

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 according to the procedures laid down in Article
25(5) of Regulation (EEC) No 4253/88.

Article 7

This Decision is without prejudice to the Commission’s
position on the aid scheme in the measure 2.1 ‘Facilitate
access to own resources'. In accordance with Articles 92
and 93 of the Treaty, the aid schemes must be approved
by the Commission and hence the financial commitment
shall be reduced by the amounts corresponding to the
said measure until the aid scheme is approved by the
Commission.

Article 8

The Community aid concerns expenditure on operations
under the single programming document which, in the
Member State concerned, are the subject of
legally
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 9

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 10

This Decision is governed by the provisions laid down in
the Annex to Decision 97/317/EC.

Article 11

This Decision is addressed to the French Republic.

Done at Brussels, 29 September 1998.

For the Commission

Monika WULF-MATHIES

Member of the Commission