Decision No 1411/2001/EC of the European Parliament and of the Council of 27 June 2001 on a Community Framework for cooperation to promote sustainable urban development
Date: 2001-06-27
Institutions: Council of the European Union, European Parliament
Subjects: EU programme, cooperation policy, economic conditions, quality of the environment, sustainable development, urban area

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(Acts whose publication is obligatory)

DECISION No 1411/2001/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

on a Community Framework for cooperation to promote sustainable urban development

of 27 June 2001

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,

priate legal basis necessary to fund such activities on a
multiannual basis’.

Having regard to the Treaty establishing the European
Community, and in particular Article 175(1) thereof,

Having regard to the proposal from the Commission (1),

Having regard to the opinion of the Economic and Social
Committee (2),

Having regard to the opinion of
Regions (3),

the Committee of

the

Acting in accordance with the procedure laid down in Article
251 of the Treaty (4),

Whereas:

The Treaty provides for the development and imple-
mentation of a Community environment policy and sets
out the objectives and principles which should guide
that policy.

By adopting Decision No 2179/98/EC of the European
Parliament and of
the Community
confirmed its commitment to the general approach and
strategy chosen by the Commission in its Programme
‘Towards Sustainability’ (6).

the Council (5),

Many of the Community's international commitments,
in particular with regard to action to combat climate
change, can be implemented only with the cooperation
of local authorities.

(1)

(2)

(3)

(4)

In its communication entitled ‘Sustainable urban devel-
opment in the European Union: a framework for action’
of 28 October 1998, the Commission gave an under-
taking to provide ‘continued support for local govern-
ment networking activities’ and to ‘ensure an appro-

(10)

(5)

(6)

(7)

(8)

(9)

The European Parliament has adopted resolutions (7) on
strengthening European Union urban environment
policy.

The Committee of the Regions has adopted opinions on
transfrontier and transnational cooperation between
local authorities (8) and on the Commission communi-
cation ‘Towards an urban agenda in the European
Union’ (9).

The Fifth Environmental Action Programme recognises
that all the players concerned, including the Commission
and local authorities, should take concerted action,
acting in partnership, to achieve the objective of sustain-
able development and share the relevant responsibilities.

Chapter 28 of Agenda 21, which was the subject of the
Protocol signed at the Earth Summit in Rio in 1992,
stipulates that most local authorities in each country
should undertake a consultative process with their popu-
lations and should achieve a consensus on a local
Agenda 21 for the community.

The objectives of sustainable urban development and the
implementation of Agenda 21 and Community legisla-
tion necessitate
and
exchange of good practices between local authorities and
the raising of their awareness.

development

definition,

the

The capacity of
local authority networks should be
strengthened at European level, good practices in the
sustainable urban development and local
fields of
Agenda 21 should be developed and exchanged, and
these activities should be coordinated in order to relay to
the Commission information and opinions from local
authorities on new and emerging prospects in areas
relating to sustainable development.

(1) OJ C 56 E, 29.2.2000, p. 68.
(2) OJ C 204, 18.7.2000, p. 35.
(3) OJ C 317, 6.11.2000, p. 33.
(4) Opinion of the European Parliament of 14 December 2000 (not yet
published in the Official Journal) and Council Decision of 18 June
2001.

(5) OJ L 275, 10.10.1998, p. 1.
(6) OJ C 138, 17.5.1993, p. 5.

(7) OJ C 226, 20.7.1998, pp. 34 and 36 and

OJ C 279, 1.10.1999, p. 44.

(8) OJ C 51, 22.2.1999, p. 21.
(9) OJ C 251, 10.8.1998, p. 11.

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(11)

(12)

(13)

(14)

(15)

Since the objectives of the proposed action, namely the
exchange of good practices on a European scale and the
raising of the awareness of local authorities by means of
European networks, cannot be sufficiently achieved by
the Member States and can therefore be better achieved
at Community level, the Community may adopt meas-
ures, in accordance with the principle of subsidiarity as
set out in Article 5 of the Treaty. In accordance with the
principle of proportionality, as set out in that Article,
this Decision does not go beyond what is necessary in
order to achieve those objectives.

— sustainable urban development,

— local Agenda 21.

The main partners shall be the Commission, networks of local
authorities, organised urban multi-stakeholders, community
networks such as NGOs, universities and other actors, orga-
nised at European level.

Article 2

The priority areas of activity that
cooperation framework could support
defined.

the Community
should be

1.
The types of activity eligible for Community support
under this cooperation framework are defined in the Annex.

Effective monitoring and assessment methods need to be
established and appropriate information provided for
potential beneficiaries and the public.

2.
The Commission may provide support to any network of
local authorities as defined in Article 1 or, in the case of the
accompanying measures mentioned in part C of the Annex, to
other beneficiaries who wish to develop such activities.

Implementation of the cooperation framework should
be assessed in the light of the experience gained during
the first few years of implementation, and the European
Parliament and the Council

informed thereof.

3.
Community support shall relate to activities scheduled to
take place in the course of the year to which the financial
contribution relates and/or the following two years.

This Decision establishes a financial framework for the
entire duration of the programme which is to be the
principal point of reference for the budgetary authority,
within the meaning of point 33 of the Interinstitutional
Agreement of 6 May 1999 between the European Parlia-
ment, the Council and the Commission on budgetary
the budgetary proce-
discipline and improvement of
dure. (1)

(16)

The measures necessary for the implementation of this
Decision should be adopted in accordance with Council
Decision 1999/468/EC of 28 June 1999 laying down
the procedures for the exercise of implementing powers
conferred on the Commission (2),

HAVE DECIDED AS FOLLOWS:

Article 1

A Community framework for cooperation (hereinafter referred
to as the ‘cooperation framework’)
is hereby established in
order to provide financial and technical support to networks of
local authorities organised in at least four Member States, and
including when appropriate cities and towns in the countries
referred to in Article 8, with the objective of encouraging the
conception, exchange and implementation of good practices in
the following fields:

— implementation at local level of EU environmental legisla-

tion,

(1) OJ C 172, 18.6.1999, p. 1.
(2) OJ L 184, 17.7.1999, p. 23.

The indicative breakdown of

4.
between the types of activity is given in the Annex.

the financial

support

Article 3

The Commission shall, in accordance with the procedure laid
down in Article 11(2), assess and select
from among the
proposals submitted the projects to be financed on the priority
themes referred to in Article 4.

Article 4

1.
The Commission shall publish in the Official Journal of the
European Communities a notice describing the priority themes
under which projects shall be financed and setting out the
selection and award criteria and the application and approval
procedures.

Proposals for projects to be financed shall be submitted
2.
to the Commission by the network of
local authorities as
defined in Article 1 and, for the types of activities indicated in
part C of the Annex, by other eligible beneficiaries.

3.
The calls for proposals for projects under this coopera-
tion framework shall be announced in the Official Journal of the
European Communities every year by 31 January. After an assess-
ment of these proposals, the Commission shall decide by 31
May which projects it will finance. The decision on the projects
to be financed shall give rise to the conclusion, with the
beneficiaries responsible for implementation, of a contract
governing the rights and obligations of the partners.

4.
A list of the beneficiaries and projects financed through
this cooperation framework shall, together with an indication
of the amount of aid, be made public.

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Article 5

(h) a contribution to strengthening and revitalising public

services of general

interest.

The Commission shall ensure consistency, complementarity
and synergy between the Community activities and projects to
implement this cooperation framework and other Community
programmes and initiatives, in particular the URBAN initiative
referred to in Article 20 of Council Regulation (EC) No 1260/
1999 of 21 June 1999 laying down general provisions on the
Structural Funds (1). Projects financed under other Community
programmes and funds shall not be eligible for funding under
this cooperation framework.

Article 6

1.
This cooperation framework shall start on 1 January
2001 and shall end on 31 December 2004. The financial
framework for the implementation of this cooperation frame-
work for the period 2001-2004 shall be EUR 14 million.

The annual appropriations shall be authorised by the budgetary
authority within the limits of the financial perspective.

2.
Financial support of EUR 350 000 or more may be
obtained only if the beneficiary's accounts for the previous year
have been certified by a registered auditor. The accounts for the
period during which the subsidy is used shall also be certified
by a registered auditor.

Financial support amounting to less than EUR 350 000 may
be obtained only if the beneficiary's accounts are available in a
form recognised by the Commission for the preceding year and
are presented in that form for the period during which the
subsidy is used.

Article 7

The projects shall contribute towards the objectives mentioned
in Article 1 and shall be selected on the basis of the following
general criteria:

(a) a sound cost-benefit ratio;

(b) a lasting multiplier effect at European level;

(c) effective and balanced cooperation among the various part-
ners with regard to programming and carrying out activi-
ties, and financial participation;

(d) a share of financial participation;

(e) a contribution to a multinational approach, and in partic-
ular to transfrontier cooperation within the Community
and, where appropriate, beyond its frontiers with neigh-
bouring countries;

(f) a contribution to an integrated multisectoral approach and
to sustainable urban development, taking into account its
social, economic and environmental dimensions;

(g) the degree of involvement of all the partners, including the

representatives of civil society;

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

Article 8

This cooperation framework shall be open to participation by
networks of local authorities including cities and towns in
Central and Eastern European Countries, Cyprus and Malta, as
well as in other countries which have concluded association
agreements with the Community.

Article 9

1.
In order to ensure the success of the activities carried out
by the beneficiaries of Community support, the Commission
shall take the necessary measures to:

(a) verify that activities proposed to the Commission have

been carried out properly;

(b) prevent and take action against irregularities;

(c) recover, where appropriate, sums improperly received.

2. Without prejudice to the financial audit carried out by the
Court of Auditors pursuant to Article 248 of the Treaty or
inspections carried out pursuant to point (c) of Article 279 of
the Treaty, officials and other staff of the Commission may
including sample checks, on
carry out on-the-spot checks,
activities funded in this cooperation framework.

The Commission shall inform beneficiaries in advance of any
on-the-spot check, unless there are good reasons to suspect
fraud or improper use of the aid.

3.
Beneficiaries of financial support shall keep available for
the Commission all supporting documents regarding expendi-
ture on an activity for a period of five years following the last
payment in respect of that activity. These may also be held in
electronic format.

Article 10

The Commission may reduce, suspend or recover the
1.
financial support granted through a contract if it finds irregu-
larities or if it learns that the contract has been subject to a
change, without its approval, which conflicts with the agreed
objectives or implementing conditions.

2.
If the deadlines have not been observed or if only part of
the financial support allocated is justified by the progress with
implementation of a contract, the Commission shall request the
beneficiary to submit any explanations within a specified
period.
the beneficiary does not provide a satisfactory
answer, the Commission may cancel the remaining financial
aid and demand prompt repayment of sums already paid. The
Commission undertakes to carry out a thorough and speedy
evaluation of such explanations.

If

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Beneficiaries shall submit

to the Commission annual
3.
progress reports for contracts of more than one year and a
financial report for each contract within six months of its
completion. The Commission shall determine the form and
content of the reports. If the reports are not submitted within
the time-limits laid down, the beneficiary shall no longer be
eligible for
this Decision. The
Commission undertakes to evaluate the reports within a
reasonable time-limit to avoid unnecessary delays in payments.

funding under

subsequent

Any undue payment shall be repaid to the Commission.
4.
Interest may be added to sums not repaid in good time. The
Commission shall lay down the detailed rules for implementing
this paragraph.

Article 11

The Commission shall be assisted by an advisory

1.
committee.

2. Where reference is made to this paragraph, Articles 3 and
7 of Council Decision 1999/468/EC shall apply, having regard
to the provisions of Article 8 thereof.

3.

The committee shall adopt its rules of procedure.

Article 12

The Commission shall assess the implementation of
this
in this
cooperation framework and shall submit a report
connection to the European Parliament and to the Council no
later than 31 March 2003.

Article 13

This Decision shall apply from 1 January 2001 to 31
December 2004.

Done at Luxembourg, 27 June 2001.

For the European Parliament

For the Council

The President

N. FONTAINE

The President

B. ROSENGREN

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ANNEX

Types of activity eligible for Community financial support

Indicative allocation of resources
100 %

A.

Information and exchanges of information on sustainable urban development and
local Agenda 21 and improvement of environmental quality in areas where
environmental problems occur alongside socio-economic problems

40 %

— develop tools for training, information, documentation and awareness-raising
for professionals, target groups,
local policy-makers and the general public
including for local authorities wishing to initiate projects to improve their
environmental performance;

— support, transfer and disseminate good practices and the results of demonstra-
tion projects in areas where environmental problems occur alongside socio-
economic problems, including to local authorities which are not involved in
networks covered by this Decision.

B. Cooperation between the partners concerned by sustainable development and

40 %

Agenda 21 at European level

— promote cooperation between partners identified by the Community's environ-

mental action programme;

— in compliance with the subsidiarity and partnership principles, supplement
work under the national programmes to help local authorities, including in the
implementation of Community environmental policies, urban transformation
projects and urban regeneration schemes, to improve the local urban environ-
ment quality in an integrated approach;

— facilitate dialogue, coordination and exchange of

information between
networks of local authorities organised at European level and the Community
institutions;

— support the establishment of partnerships including partners from the coun-

tries referred to in Article 8.

C. Accompanying measures needed to analyse and monitor activities in the field of

20 %

sustainable urban development and local Agenda 21

— reports on the level, extent and nature of urban problems which could be

addressed at Community level;

— analytical reviews of the local penetration of a sustainable approach to urban
development in areas other than environment policy, taking particularly the
coherent relationship with structural policies into consideration;

— testing and support functions for consolidation, coordination, use, dissemina-
tion and development of the monitoring initiative ‘Towards a Local Sustain-
ability Profile/European Common Indicators’.