2002/686/EC: Commission Decision of 7 April 2000 approving the single programming document for Community structural assistance in the Objective 1 region of Burgenland in Austria (notified under document number C(2000) 950)
Date: 2000-04-07
Institutions: European Commission
Subjects: Austria, Burgenland, Structural Funds, distribution of aid, financing plan, regional aid, regional planning

9.9.2002

EN

Official Journal of the European Communities

L 241/7

COMMISSION DECISION

of 7 April 2000

approving the single programming document

for Community structural assistance in the

Objective 1 region of Burgenland in Austria

(notified under document number C(2000) 950)

(Only the German text is authentic)

(2002/686/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Having regard to Council Regulation (EC) No 1260/1999 of
21 June 1999 laying down general provisions on the
Structural Funds (1), and in particular Article 15(5) thereof,

After consulting the Committee on the Development and
Conversion of Regions, the Committee pursuant to Article 147
of the Treaty, the Committee on Agricultural Structures and
Rural Development and the Committee on Structures for
Fisheries and Aquaculture,

Whereas:

(1)

(2)

(3)

(4)

Article 13 et seq. of Title II of Regulation (EC) No
1260/1999 lay down the procedure for preparing and
implementing single programming documents.

Article 15(1) and (2) of Regulation (EC) No 1260/1999
provides
that, after consultation with the partners
referred to in Article 8 of the Regulation, the Member
State may submit to the Commission a development
plan which is treated as a draft single programming
document, and which contains the information referred
to in Article 16 of the Regulation.

Pursuant
to Article 15(5) of Regulation (EC) No
1260/1999, on the basis of the regional development
plan submitted by the Member State and within the
partnership established in accordance with Article 8 of
that Regulation, the Commission is to take a decision
on the single programming document,
in agreement
with the Member State concerned and in accordance
with the procedures laid down in Articles 48 to 51.

The Austrian Government submitted to the Commission
on 9 November 1999 an acceptable draft
single
programming document for the region of Burgenland in
Austria fulfilling the conditions for Objective 1 pursuant
to Article 3(1) of Regulation (EC) No 1260/1999. The
draft contains the information listed in Article 16 of the

(5)

(6)

(7)

(8)

(9)

the
Regulation, and in particular a description of
priorities selected and an indication of
the financial
contribution from the European Regional Development
Fund (ERDF),
the
European Agricultural Guidance and Guarantee Fund
Financial
(EAGGF) (cid:151) Guidance Section,
Instrument for Fisheries Guidance (FIFG).

the European Social Fund (ESF),

and the

submission of

The date of
the draft which was
considered acceptable by the Commission constitutes
the date from which expenditure under the plan is
eligible. Under Article 30 of Regulation (EC) No
1260/1999, it is necessary to lay down the final date
for the eligibility of expenditure.

The rural development measures to be financed by the
EAGGF are governed,
in particular as regards their
compatibility and consistency with common agricultural
policy measures, by Council Regulation (EC) No
1257/1999 on support for rural development from the
European Agricultural Guidance and Guarantee Fund
(EAGGF) (2).

The single programming document has been drawn up
in agreement with the Member State concerned and
within the partnership.

The Commission has
programming document
principle of additionality.

satisfied itself

the single
that
in accordance with the

is

Under Article 10 of Regulation (EC) No 1260/1999, the
Commission and the Member State are required to
ensure,
in a manner consistent with the principle of
partnership, coordination between assistance from the
Funds and from the EIB and other existing Financial
Instruments.

(1) OJ L 161, 26.6.1999, p. 1.

(2) OJ L 160, 26.6.1999, p. 80.

L 241/8

EN

Official Journal of the European Communities

9.9.2002

(10) Under Article 15(5) of Regulation (EC) No 1260/1999,
the EIB has been involved in drawing up the single
programming document and has stated that it is willing
to assist in implementing the Document in conformity
with its statutory provisions.

5. human resources, employment and training;

6.

technical assistance and evaluation;

(11)

in

are

financial

expressed

euro. The

The
contribution from the Community
available over the entire period and its year-by-year
breakdown
annual
breakdown should be consistent with the relevant
financial perspective. Under Article 7(7) of Regulation
(EC) No 1260/1999, the Community contribution has
already been indexed at a rate of 2 % per year. Under
Article 7(7) and Article 44(2) of the Regulation, the
Community contribution may be reviewed at mid-term,
and not later than 31 March 2004, to take account of
the effective level of inflation and the allocation of the
performance reserve.

(b) a summary description of

the measures planned to
implement the priorities, including the information needed
to check compliance with the State aid rules under Article
87 of the Treaty;

(c)

the indicative financing plan specifying for each priority
and each year the financial allocation envisaged for the
contribution from each Fund, and the amounts of eligible
public or equivalent expenditure and estimated private
funding in the Member State. The total contribution from
the
single
Funds planned
programming document
is consistent with the relevant
financial perspective;

each year

the

for

for

(12)

Provision must be made for adapting the financial
allocations of the priorities of this single programming
document within certain limits to actual requirements
reflected by the pattern of
implementation on the
ground, in agreement with the Member State concerned,

HAS ADOPTED THIS DECISION:

(d) the provisions for implementing the single programming
document including designation of the managing authority,
a description of the arrangements for managing the single
programming document and the use to be made of global
grants, a description of the systems for monitoring and
evaluation, including the role of the Monitoring Committee
and the arrangements for the participation of the partners
in that Committee;

Article 1

(e)

the ex ante verification of compliance with additionality
and information on the transparency of financial flows;

The single programming document for Community structural
assistance to the Objective 1 region of Burgenland in Austria
for the period 1 January 2000 to 31 December 2006 is hereby
approved.

Article 2

1.
In accordance with Article 19 of Regulation (EC) No
1260/1999, the single programming document includes the
following elements:

(a)

the
the strategy and priorities for the joint action of
Structural Funds and the Member State;
their specific
quantified targets; the ex ante evaluation of the expected
impact, including on the environmental situation, and the
consistency of the priorities with the economic, social and
regional policies and the employment strategy of Austria.

The priorities are as follows:

1.

trade and industry;

2.

research, technology and innovation;

3.

tourism and culture;

4. agriculture

and

forestry,

fisheries

and

nature

conservation;

(f)

information on the resources
monitoring and evaluating the assistance.

required for preparing,

2.
The indicative financing plan puts the total cost of the
priorities selected for the joint action by the Community and
the Member State at EUR 863 895 377 for the whole period
and the financial contribution from the Structural Funds at
EUR 271 000 000.

for national

resources of EUR
The resulting requirement
98 573 454 from the public sector and EUR 494 321 923
from the private sector can be partly met by Community loans
from the European Investment Bank and other
lending
instruments.

Article 3

1.
The total assistance from the Structural Funds granted
under the single programming document amounts to EUR
271 000 000.

The procedure for granting the financial assistance, including
the financial contribution from the Funds for the various
priorities included in the single programming document, is set
out in the financing plan annexed to this Decision.

9.9.2002

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Official Journal of the European Communities

L 241/9

2.
The indicative initial estimated breakdown among the
Structural Funds of the total Community assistance available is
as follows:

ERDF

ESF

EAGGF, Guidance Section

FIFG

EUR 173 815 630,

EUR 55 013 336,

EUR 41 345 471,

EUR 825 563.

3.
During implementation of the financing plan, the total
cost or Community financing of a given priority may be
adjusted in agreement with the Member State by up to 25 % of
the total Community contribution to the single programming
document throughout the programme period, or by up to EUR
60 million, without altering the total Community contribution
referred to in paragraph 1.

Article 4

This Decision is without prejudice to the Commission’s
position on aid schemes falling within Article 87(1) of the
Treaty that are included in this assistance and which it has not
yet approved. Submission of the application for assistance, the
programme complement or a request
for payment by the
Member State does not replace the notification required by
Article 88(3) of the Treaty.

Community financing of State aid falling within Article 87(1)
of the Treaty, granted under aid schemes or in individual cases,
requires prior approval by the Commission under Article 88(3)
of the Treaty, except where the aid falls under the de minimis
rule or is exempted under an exemption regulation adopted by
the Commission under Council Regulation (EC) No 994/98 of
7 May 1998 on the application of Articles 92 and 93 [now
Articles 87 and 88] to certain categories of horizontal aid (3).
In the absence of such exemption or approval, aid is illegal

and subject to the consequences set out in the procedural
regulation for State aid, and its part-financing would be treated
as an irregularity within the meaning of Articles 38 and 39 of
Regulation (EC) No 1260/1999.

the Commission will not accept requests for
Consequently,
interim and final payments under Article 32 of the Regulation
for measures being part-financed with new or altered aid, as
defined in the procedural regulation for State aid, granted
under aid schemes or in individual cases, until such aid has
been notified to and formally approved by the Commission.

By way of derogation from the preceding paragraphs, Articles
51 and 52 of Regulation. (EC) No 1257/1999 shall apply in
the context of rural development part-financed by the ERDF.

Article 5

The date from which expenditure shall be eligible is 9
November 1999. The closing date for
the eligibility of
expenditure shall be 31 December 2008. This date is extended
to 30 April 2009 for expenditure incurred by bodies granting
assistance under Article 9(l) of Regulation (EC) No 1260/1999.

Article 6

This Decision is addressed to the Republic of Austria.

Done at Brussels, 7 April 2000.

For the Commission

Michel BARNIER

Member of the Commission

(3) OJ L 142, 14.5.1998, p. 1.