Proposal for a Decision of the European Parliament and of the Council on a Community Framework for cooperation to promote sustainable urban development
Date: 1999-11-22
Institutions: European Commission
Subjects: EU action, EU regional policy, sustainable development, urban area, urbanisation

C 56 E/68

EN

Official Journal of the European Communities

29.2.2000

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 56 E/16)

(Text with EEA relevance)

COM(1999) 557 final (cid:151) 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
Committee,

the Economic and Social

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 implemen-
tation 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
the Council (1), the Community has
Parliament and of
confirmed its commitment to the general approach and
strategy chosen by the Commission in its Programme
(cid:145)Towards Sustainability(cid:146) (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 (cid:145)Sustainable urban devel-
opment in the European Union: a framework for action(cid:146)
of 28 October 1998 (3), the Commission gave an under-
taking to provide (cid:145)continued support for local government
networking activities(cid:146) and to (cid:145)ensure an appropriate legal
basis necessary to fund such activities on a multiannual
basis(cid:146);

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

(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)).

(6) The Committee of the Regions has adopted opinions on
transfrontier and transnational cooperation between local
authorities (5) and on the Commission communication
(cid:145)Towards an urban agenda in the European Union(cid:146) (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 devel-
opment 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
and Local
sustainable urban development
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
local authorities by means of European
awareness of
networks,
the
achieved
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;

sufficiently

cannot

by

be

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

bremer).

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

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(12) The priority areas of activity that the Community coop-
eration 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
implementation, and the European
Parliament and the Council informed thereof,

few years of

HAVE DECIDED AS FOLLOWS:

Article 1

local

legislation,

environment

level of
In order to facilitate the implementation at
Community
Community
a
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, coop-
eration, 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
in
compliance with the basic principles of the fifth environment
action programme and subject to the Commission’s approval of
the planned work programme.

to develop such activities at European level

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.

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

Article 3

Article 4

implement

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

cooperation

framework

and

this

Article 5

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

the
implementing

limits of
for

2.
Financial support of EUR 350 000 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 350 000 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

The Commission shall select the priority activities on the

1.
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
the
Community and, where appropriate, beyond its frontiers
with neighbouring countries;

cooperation within

transfrontier

to

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

(e) a contribution to a multisectoral approach;

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 allo-
cation arrangements
application and approval
procedures.

and the

(f)

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

The Commission shall specify the additional criteria to be

2.
used for selecting the activities to be funded.

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After assessing the proposals,

the Commission shall
3.
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
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.

participation

relating

to

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;

Article 9

1.
The Commission may reduce, suspend or recover the
financial support granted through a contract if it finds irregu-
larities 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.

If the deadlines have not been observed or if only part of
2.
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.
the beneficiary does not provide a satisfactory
answer, the Commission may cancel the remaining financial
aid and demand prompt repayment of sums already paid.

If

Beneficiaries shall submit to the Commission a report for
3.
its completion. The
each contract within six months of
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.

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

Article 10

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.

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

together with an indication of

Article 11

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.

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.

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

Article 12

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

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ANNEX

Types of activity eligible for Community
financial support

A. Information on sustainable urban development and Local Agenda 21

Indicative allocation of
resources 100 %

40 %

(cid:151) develop tools for training, information, documentation and awareness-raising for professionals,

target groups, local policy-makers and the general public,

(cid:151) support, transfer and disseminate good practices and the results of demonstration projects.

B. Cooperation between the players concerned by sustainable development and Agenda 21 at

European level

(cid:151) promote cooperation between partners identified by the fifth environment action programme,

(cid:151) facilitate dialogue, coordination and exchange of information between networks of local auth-

orities organised at European level and the Community institutions,

(cid:151) in compliance with the subsidiarity principle,

supplement work under

the national

programmes to help local authorities (e.g. urban regeneration schemes),

(cid:151) support

the establishment of partnerships including players from the Central and East

European countries.

C. Accompanying measures needed to analyse and monitor activities in the field of sustainable

development and Local Agenda 21

(cid:151) reports on the level, extent and nature of urban problems which could be addressed at

Community level,

(cid:151) analytical reviews of the local penetration of (cid:145)sustainable development(cid:146) in other areas covered

by Community policies.

40 %

20 %