2002/436/EC: Commission Decision of 14 June 2001 approving the single programming document for Community structural assistance under Objective 2 in the province of Antwerp in Belgium (notified under document number C(2001) 1248)
Date: 2001-06-14
Institutions: European Commission
Subjects: EU financial instrument, European Investment Bank, Province of Antwerp, Structural Funds, aid system, development aid, development plan, financing plan, industrial region, regional aid

L 156/56

EN

Official Journal of the European Communities

14.6.2002

COMMISSION DECISION

of 14 June 2001

approving the single programming document for Community structural assistance under
Objective 2 in the province of Antwerp in Belgium

(notified under document number C(2001) 1248)

(Only the French and Dutch texts are authentic)

(2002/436/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 Flemish Government submitted to the Commission
on 31 May 2000 an acceptable draft single programming
document for the regions of the province of Antwerp
fulfilling the conditions for Objective 2 pursuant to
Article 4(1) of Regulation (EC) No 1260/1999 and the
that province qualifying for transitional
regions of

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

(5)

(6)

(7)

(8)

(9)

support under Objective 2 pursuant to Article 6(2) of
Regulation (EC) No 1260/1999. The draft contains the
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) and the
European Social Fund (ESF) for implementing the plan.

The date of submission 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 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.

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Official Journal of the European Communities

L 156/57

(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 the regions of the province of Antwerp eligible
under Objective 2 and those qualifying for transitional support
under Objective 2 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
Flanders (Belgium). The priorities are as follows:

1. Objective 2 assistance and transitional support for

the region of Kempen;

2. Objective 2 assistance for Northeast Antwerp;

3.

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 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 Guarantee Section and
indicating separately the funding planned for the regions
receiving transitional support in respect of Objective 2
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 perspective;

(d)

(e)

(f)

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;

the ex ante verification and information on the trans-
parency of financial flows;

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

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 135 834 936 for the whole period
and the financial contribution from the Structural Funds at
EUR 47 037 000.

resulting

81 514 607

requirement

resources of
The
EUR
and
sector
EUR 7 283 329 from the private sector can be partly met by
Community loans from the European Investment Bank and
other lending instruments.

for national
public

from the

Article 3

the

single programming document amounts

The total assistance from the Structural Funds granted
1.
under
to
EUR 47 037 000. 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.

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

ERDF

ESF

EUR 41 591 386

EUR 5 445 614

During implementation of the financing plan, the total
3.
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.

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Official Journal of the European Communities

14.6.2002

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 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
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 Article of the Treaty establishing the European
Community 38(5) of Regulation (EC) No 1260/1999.

Consequently, the Commission will not accept requests for
interim and final payments under Article 32 of Regulation
(EC) No 1260/1999 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 31 May
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, 14 June 2001.

For the Commission

Michel BARNIER

Member of the Commission

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