2002/324/EC: Commission Decision of 15 May 2001 approving the single programming document for Community structural assistance under Objective 2 in the province of Limburg in Belgium (notified under document C(2001) 861)
Date: 2001-05-15
Institutions: European Commission
Subjects: Belgium, Province of Limbourg, Structural Funds, regional aid

8.5.2002

EN

Official Journal of the European Communities

L 122/11

COMMISSION DECISION

of 15 May 2001

approving the single programming document

for Community structural assistance under

Objective 2 in the province of Limburg in Belgium

(notified under document C(2001) 861)

(Only the French and Dutch texts are authentic)

(2002/324/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 and the Committee pursuant to Article
147 of the Treaty,

Whereas:

(1)

(2)

(3)

(4)

Articles 13 and following 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
that, after consultation with the partners
provides
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
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 Flemish Government submitted to the Commission
on 8 September 2000 an acceptable draft
single
programming document for the regions of the province
of Limburg fulfilling the conditions for Objective 2
pursuant
to Article 4(1) of Regulation (EC) No
1260/1999 and the regions of that province qualifying
for transitional support under Objective 2 pursuant to
Article 6(2) of that Regulation. The draft contains the
information listed in Article 16 of the Regulation, and
in particular a description of the priorities selected and

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

(5)

(6)

(7)

(8)

(9)

the financial contribution from the
an indication of
European Regional Development Fund (ERDF) and the
European Social Fund (ESF) for implementing the plan.

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
is
necessary to lay down the final date for the eligibility of
expenditure.

the Regulation,

it

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.

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.

(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,

L 122/12

EN

Official Journal of the European Communities

8.5.2002

HAS ADOPTED THIS DECISION:

Article 1

The single programming document for Community structural
assistance in the regions of the province of Limburg eligible
under Objective 2 and those qualifying for transitional support
under Objective 2 for the period 1 January 2000 to 31
December 2006 is hereby approved.

(e)

(f)

evaluation, including the role of the Monitoring Committee
and the arrangements for the participation of the partners
in that Committee;

ex

the
transparency of financial flows;

verification

ante

and

information

on

the

information on the resources
monitoring and evaluating the assistance.

required for preparing,

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
their specific
Structural Funds and the Member State;
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 Flanders
(Belgium). The priorities are as follows:

1.

initiatives
employment;

in favour of

the business

sector

and

2. optimising the environment conditions;

3.

integrated rural development in Haspengouw;

4.

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;

(c)

the indicative financing plan specifying for each priority
and each year the financial allocation envisaged for the
contribution from each Fund,
including, for information,
the total amount from the EAGGF Guarantee Section and
indicating separately the funding planned for the regions
receiving transitional support in respect of Objective 2 and
the
equivalent
expenditure and estimated private funding in the Member
State. The total contribution from the Funds planned for
each year
is
consistent with the relevant financial perspective;

the single programming document

eligible public or

amounts of

total

for

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 240 482 023 for the whole period
and the financial contribution from the Structural Funds at
EUR 92 696 000.

for national

The resulting requirement
resources of EUR
119 024 999 from the public sector and EUR 28 761 024
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
financial
92 696 000. The procedure
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.

granting

the

for

be

that

amount,

EUR 75 287 459 shall

Of
granted
immediately, while the grant of EUR 17 408 541, which
exceeds the financial perspective currently in force, shall be
suspended until that perspective has been adjusted by the two
arms of the budgetary authority. In so far as the amount of the
suspended grant actually corresponds, year by year,
to the
budget appropriations that will become available following
that adjustment, the suspension shall be lifted without further
formality on the entry into force of that adjustment and the
grant shall then become effective.

The suspended amount referred to in the first paragraph shall
be allocated by year as follows: EUR 3 725 055 in 2002, EUR
3 725 055 in 2003, EUR 3 725 055 in 2004, EUR 3 725 054
in 2005 and EUR 2 508 322 in 2006.

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

(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

ERDF

ESF

EUR 82 070 000

EUR 10 626 000

8.5.2002

EN

Official Journal of the European Communities

L 122/13

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
the programme period, up to a
maximum of EUR 30 million, without altering the total
Community contribution referred to in paragraph 1.

throughout

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 87 and 88 to certain
categories of horizontal State aid (2). In the absence of such
to the
exemption or approval, aid is

illegal and subject

consequences set out in the procedural regulation for State aid,
and its part-financing would be treated as an irregularity
within the meaning of Article 38(5) 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.

Article 5

The date from which expenditure shall be eligible is 8
September 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 Belgium.

Done at Brussels, 15 May 2001.

For the Commission

Michel BARNIER

Member of the Commission

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