2002/393/EC: Commission Decision of 31 May 2001 approving the single programming document for Community structural assistance under Objective 2 in regions of Hessen in Germany (notified under document number C(2001) 869)
Date: 2001-05-31
Institutions: European Commission
Subjects: EU financial instrument, Hesse, Structural Funds, development plan, economic priority, eligible region, financing plan, less-favoured region, rural development

30.5.2002

EN

Official Journal of the European Communities

L 141/19

COMMISSION DECISION

of 31 May 2001

approving the single programming document for Community structural assistance under
Objective 2 in regions of Hessen in Germany

(notified under document number C(2001) 869)

(Only the German text is authentic)

(2002/393/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,

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 German Government submitted to the Commission
on 27 April 2000 an acceptable draft single program-
ming document for the regions in Hessen fulfilling the
conditions for Objective 2 pursuant to Article 4(1) of
Regulation (EC) No 1260/1999. The draft contains the
information listed in Article 16 of the Regulation, and

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

(5)

(6)

(7)

(8)

(9)

in particular a description of the priorities selected and
an indication of the financial contribution from the
European Regional Development Fund (ERDF).

The date of submission of the draft, which was con-
sidered 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 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 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 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.

L 141/20

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Official Journal of the European Communities

30.5.2002

(10)

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 auth-
ority, 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 monitor-
ing 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 in the regions of Hessen in Germany eligible under
Objective 2 for the period 1 January 2000 to 31 December
2006 is hereby approved.

(f)

information on the resources required for preparing,
monitoring and evaluating the assistance.

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
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
Germany;

the priorities are as follows:

1.

2.

3.

4.

5.

6.

developing the business infrastructure;

improving innovation capacity;

increasing the number of business start-ups;

promoting tourism;

assisting disadvantaged urban areas;

technical assistance;

(b)

(c)

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 (ex Article 92) of the Treaty;

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 Guaran-
tee Section 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;

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 542 378 714 for the whole period
and the financial contribution from the Structural Funds at
EUR 183 519 000.

from the

The resulting requirement for national resources of EUR
123 512 799
EUR
235 346 915 from the private sector can be partly met by
Community loans from the European Investment Bank and
other lending instruments.

public

sector

and

Article 3

the

single programming document amounts

The total assistance from the Structural Funds granted
1.
under
to
EUR 183 519 000 for the ERDF. Of that amount, the grant of
EUR 28 777 000, 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 corre-
sponds, 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 6 046 900 in 2002,
EUR 6 046 900 in 2003, EUR 6 046 800 in 2004,
EUR 6 046 800 in 2005 and EUR 4 589 600 in 2006.

2.
The procedure for granting the financial assistance,
including the financial contribution from the ERDF for the
various priorities included in the single programming docu-
ment, is set out in the financing plan annexed to this Decision.

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Official Journal of the European Communities

L 141/21

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
(ex
position on aid schemes falling within Article 87(1)
Article 92(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) (ex Article 93(3)) of the
Treaty.

Community financing of State aid falling within Article 87(1)
(ex Article 92(1)) of the Treaty, granted under aid schemes or
in individual cases, requires prior approval by the Commission
under Article 88(3) (ex Article 93(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 87 and 88) to
certain categories of horizontal State aid (2). In the absence of
such exemption or approval, aid is illegal and subject to the

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

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 Federal Republic of Germany.

Done at Brussels, 31 May 2001.

For the Commission

Michel BARNIER

Member of the Commission