2002/431/EC: Commission Decision of 7 March 2001 approving the single programming document for Community structural assistance under Objective 2 in the region of the Basque Country in Spain (notified under document number C(2001) 252)
Date: 2001-03-07
Institutions: European Commission
Subjects: Basque Country, EU financial instrument, European Investment Bank, Structural Funds, aid system, development aid, development plan, financing plan, industrial region, regional aid

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Official Journal of the European Communities

14.6.2002

COMMISSION DECISION

of 7 March 2001

approving the single programming document for Community structural assistance under
Objective 2 in the region of the Basque Country in Spain

(notified under document number C(2001) 252)

(Only the Spanish text is authentic)

(2002/431/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Com-
munity,

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 and the Committee pursuant
to
Article 147 of the Treaty,

Whereas:

(1)

(2)

(3)

(4)

Articles 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.

Under 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 estab-
lished 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 Spanish Government submitted to the Commission
on 28 April 2000 an acceptable draft single program-
ming document for the areas of the Basque Country
fulfilling the conditions for Objective 2 pursuant to
Article 4(1) and Article 6(2) of Regulation (EC) No 1260/

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

1999. The draft contains the information listed in
Article 16 of the Regulation, and in particular a descrip-
tion of the priorities selected and an indication of
the financial contribution from the European Regional
Development Fund (ERDF) and the European Social
Fund (ESF).

Under Article 52(4) of Regulation (EC) No 1260/1999,
as an acceptable plan was submitted between 1 January
and 30 April 2000, the date from which expenditure
under the plan is eligible is 1 January 2000. Under
Article 30 of the Regulation, it is necessary to lay down
the final date for the eligibility of expenditure.

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

The Commission has satisfied itself
programming document
principle of additionality.

the single
that
is in accordance with the

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.

The EIB has been involved in drawing up the single
programming document in accordance with the pro-
visions of Article 15(5) of Regulation (EC) No 1260/
1999 and has declared itself prepared to contribute to
its implementation in conformity with its statutory
provisions.

(5)

(6)

(7)

(8)

(9)

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Official Journal of the European Communities

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(10) The financial contribution from the Community avail-
able over the entire period and its year-by-year break-
down are expressed in euro. The annual breakdown
should be consistent with the relevant financial perspec-
tive. 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 up until 31 March 2004
to take account of the effective level of inflation and the
allocation of the performance reserve.

(11)

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

HAS ADOPTED THIS DECISION:

Article 1

The single programming document for Community structural
assistance under Objective 2 in the region of the Basque
Country in Spain for the period 1 January 2000 to 31 Decem-
ber 2006 is hereby approved.

Article 2

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

(a)

the strategy and priorities for the joint action of the
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
Spain;

the priorities are as follows:

1.

2.

3.

4.

5.

6.

improving competitiveness and employment and
development of the fabric of production;

the environment, natural surroundings and water
resources;

knowledge society (innovation, R & D, information
society);

development of communications and energy net-
works;

local and urban development;

technical assistance;

(b)

(c)

(d)

(e)

(f)

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

the indicative financing plan specifying for each priority
and each year the financial allocation envisaged for the
contribution from each Fund and indicating separately
the funding planned for the areas receiving transitional
support and the total amounts of eligible public or
equivalent expenditure and estimated private funding in
the Member State. The total contribution from the Funds
planned for each year for the single programming
document is consistent with the relevant financial per-
spective;

the provisions for implementing the single programming
document including designation of the managing auth-
ority, a description of the arrangements for managing the
the
single programming document, a description of
systems for monitoring and evaluation, including the role
of the Monitoring Committee and the arrangements for
the participation of the partners in that Committee;

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

information on the resources required for preparing,
monitoring and evaluating the single programming docu-
ment.

2.
The indicative financing plan puts the total cost of the
priorities selected for joint action by the Community and the
Member State at EUR 1 316 247 662 for the whole period
and the financial contribution from the Structural Funds at
EUR 587 636 377.

resulting

requirement

resources of
The
EUR 728 611 285 from the public sector can be partly met by
Community loans from the European Investment Bank and
other lending instruments.

for national

Article 3

the

single programming document amounts

The total assistance from the Structural Funds granted
1.
under
to
EUR 587 636 377. Of that amount, EUR 85 267 894 will be
paid immediately and EUR 84 353 293 will be suspended
until the Commission adopts the decision to carry over those
appropriations pursuant to the first indent of Article 7(2 a) of
the Financial Regulation. To the extent to which the amount
whose payment is suspended corresponds to budgetary appro-
priations which will be available as result of the carryover
decision, the suspension will be lifted when that decision
comes into force.

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Official Journal of the European Communities

14.6.2002

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.

rule or is exempted under an exemption regulation adopted
by the Commission under Council Regulation (EC) No 994/98
on the application of Articles 92 and 93 (now 87 and 88) to
certain categories of horizontal State aid (2).

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

ERDF

ESF

EUR 558 855 222

EUR 28 781 155.

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,
up to a maximum of EUR 30 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
of the Treaty, except where the aid falls under the de minimis

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.

Consequently, the Commission will not accept requests for
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.

Article 5

The date from which expenditure shall be eligible is 1 January
2000.

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 Kingdom of Spain.

Done at Brussels, 7 March 2001.

For the Commission

Michel BARNIER

Member of the Commission

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