2002/711/EC: Commission Decision of 23 March 2001 approving the single programming document for Community structural assistance under Objective 2 in urban areas in the Netherlands (notified under document number C(2001) 650)
Date: 2001-03-23
Institutions: European Commission
Subjects: Netherlands, Structural Funds, development aid, distribution of aid, financing plan, regional development, urban area

L 241/82

EN

Official Journal of the European Communities

9.9.2002

COMMISSION DECISION

of 23 March 2001

approving the single programming document

for Community structural assistance under

Objective 2 in urban areas in the Netherlands

(notified under document number C(2001) 650)

(Only the Dutch text is authentic)

(2002/711/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,

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
that
established in accordance with Article 8 of
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 Dutch Government submitted to the Commission
on 19 April 2000 an
single
for the regions fulfilling the
programming document
conditions for Objective 2 pursuant to Article 4(1) of
Regulation (EC) No 1260/1999 The draft contains the

acceptable

draft

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

(5)

(6)

(7)

(8)

(9)

information listed in Article 16 of the Regulation, and
in particular a description of the priorities selected and
an indication of
the financial contribution from the
European Regional Development Fund (ERDF).

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 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

that
the single
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.

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.

9.9.2002

EN

Official Journal of the European Communities

L 241/83

(10)

Provision should 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:

Article 1

The single programming document for Community structural
assistance in urban areas in the Netherlands under Objective 2
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
the
Netherlands.

strategy of

The priorities are as follows:

1.

improving the urban economic environment;

2.

stimulating economic activity;

3.

reinforcing socioeconomic potential;

4.

technical assistance;

including

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

systems
the
including the role of
for

of

(e)

(f)

ex

the
transparency of financial flows;

verification

ante

and

information

on

the

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 587 956 395 for the whole period
and the financial contribution from the Structural Funds at
EUR 199 670 000.

The resulting requirement
resources of EUR
347 582 831 from the public sector and EUR 40 703 564
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
199 670 000.

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.

(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;

All Community assistance available (cid:151) EUR 199 670 000

2.
(cid:151) will be provided by the ERDF.

(c)

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

the Member

State. The

funding

in

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 a larger
percentage, provided that the total amount does not exceed
EUR 30 million, without altering the total Community
contribution referred to in paragraph 1.

L 241/84

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Official Journal of the European Communities

9.9.2002

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 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] of the Treaty establishing the European
Community to certain categories of horizontal State aid (2). In
the absence of such exemption or approval, aid is illegal and
subject
in the procedural
regulation for State aid, and its part-financing would be treated
as an irregularity within the meaning of Articles 38(5) of
Regulation (EC) No 1260/1999.

to the consequences

set out

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 the Netherlands.

Done at Brussels, 23 March 2001.

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

For the Commission

Michel BARNIER

Member of the Commission

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