2002/706/EC: Commission Decision of 22 March 2001 approving the single programming document for Community structural assistance under Objective 2 for the West Midlands region in the United Kingdom (notified under document number C(2001) 564)
Date: 2001-03-22
Institutions: European Commission
Subjects: Structural Funds, United Kingdom, West Midlands, development aid, distribution of aid, financing plan, regional development

9.9.2002

EN

Official Journal of the European Communities

L 241/67

COMMISSION DECISION

of 22 March 2001

approving the single programming document

for Community structural assistance under

Objective 2 for the West Midlands region in the United Kingdom

(notified under document number C(2001) 564)

(Only the English text is authentic)

(2002/706/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 consultation of the Committee on the Development and
Conversion of Regions, the Committee pursuant to Article 147
of the Treaty,

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.

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
established in accordance with Article 8 of
the
Regulation, the Commission shall 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 United Kingdom Government submitted to the
Commission on 14 April 2000 an acceptable draft
single programming document for the West Midlands
region fulfilling the conditions for Objective 2 pursuant
to Article 4(1) and qualifying for transitional support
to Article 6(2) of Regulation (EC) No
pursuant
1260/1999. The draft contains the information listed in
the Regulation, and in particular a
Article 16 of

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

(5)

(6)

(7)

(8)

(9)

(10)

description of the priorities selected and an indication of
the financial contribution from the European Regional
Development Fund (ERDF), the European Social Fund
(ESF), the European Investment Bank (EIB) and the other
financial
instruments proposed for implementing the
plan.

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 shall be 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
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.

document

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

itself prepared

declared

financial

contribution from the Community
The
available over the entire period and its year-by-year
annual
breakdown
breakdown must be
relevant
financial perspective. Under Article 7(7) of Regulation
(EC) No 1260/1999, the Community contribution has

euro. The
consistent with the

expressed

are

in

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Official Journal of the European Communities

9.9.2002

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.

(c)

(11)

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,

the ESF,

the indicative financing plan specifying for each priority
and each year the financial allocation envisaged for the
contribution from the ERDF,
the EIB and the
instruments and indicating separately the
other financial
funding planned for
receiving transitional
the regions
support in respect of Objective 5(b) and the total amounts
of eligible public or equivalent expenditure and estimated
private
total
contribution from the ERDF and ESF planned for each year
for the single programming document is consistent with
the relevant financial perspectives;

the Member

State. The

funding

in

HAS ADOPTED THIS DECISION:

Article 1

The single programming document for Community structural
assistance under Objective 2 in the West Midlands region of
the United Kingdom for the period 1 January 2000 to 31
December 2005 for transitional areas and 1 January 2000 to
31 December 2006 for fully eligible areas 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 strategy and priorities for the joint action of
the
Community 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 United Kingdom.

The priorities are as follows:

(cid:151) developing a diverse and dynamic business base,

(cid:151) creating the conditions for employment growth,

(cid:151) regenerating communities,

(cid:151) technical assistance;

(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;

(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;

(e)

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

(f)

information on the resources
monitoring and evaluating the assistance.

required for preparing,

The indicative financing plan puts the total cost of the
2.
priorities selected for the joint action by the Community and
the Member State at EUR 2 324,780 million or the whole
period and the financial contribution from the Structural Funds
at EUR 854,210 million.

The resulting requirement
resources of EUR
1 023,130 million from the public sector and EUR 447,440
million from the private sector can be partly met by
Community loans from the EIB and other lending instruments.

for national

Article 3

1.
The total assistance from the Structural Funds granted
under the single programming document amounts to EUR
854,210 million. The procedure for granting the financial
assistance, including the financial contribution from the Funds
for the various priorities included in the single programming
is set out in the financing plan annexed to this
document,
Decision.

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

ERDF

ESF

EUR 709,812 million,

EUR 144,398 million.

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Official Journal of the European Communities

L 241/69

3.
During implementation of the financing plan, the total
cost or Community financing of a given priority can 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 30
million, whichever is the greater, without altering the total
Community contribution referred to in paragraph 1.

Consequently,
the Commission will not accept requests for
interim and final payments under Article 32 of the Regulation
for measures being co-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 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 have not
yet been approved by the Commission. Submission of
the
application for assistance, the programming 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 within 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 87 and 88 to certain
categories of horizontal aid (2).
such
exemption or approval, aid is
to the
consequences set out in the procedural regulation for State aid,
and its co-financing would be treated as an irregularity within
the meaning of Articles 38 and 39 of Regulation (EC) No
1260/1999.

In the absence of

illegal and subject

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 2007 for transitional areas and 31 December
2008 for fully eligible areas. This date is extended to 30 April
2008 for expenditure incurred by bodies granting assistance
under Article 9(1) of Regulation (EC) No 1260/1999 in
transitional areas and to 30 April 2009 for such bodies in fully
eligible areas.

Article 6

This Decision is addressed to the United Kingdom of Great
Britain and Northern Ireland.

Done at Brussels, 22 March 2001.

For the Commission

Michel BARNIER

Member of the Commission

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