2002/327/EC: Commission Decision of 4 July 2001 approving the single programming document for Community structural assistance under Objective 2 in the region of Brussels Capital in Belgium (notified under document number C(2002) 1356)
Date: 2001-07-04
Institutions: European Commission
Subjects: Belgium, Brussels region, Structural Funds, regional aid

L 122/20

EN

Official Journal of the European Communities

8.5.2002

COMMISSION DECISION

of 4 July 2001

approving the single programming document

for Community structural assistance under

Objective 2 in the region of Brussels Capital in Belgium

(notified under document number C(2002) 1356)

(Only the French and Dutch texts are authentic)

(2002/327/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(5)

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)

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 Government of
the Brussels Capital Region
submitted to the Commission on 17 May 2000 an
acceptable draft single programming document for the
areas 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 in particular a description of
the
the financial
priorities selected and an indication of
contribution from the European Regional Development
Fund (ERDF).

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

(6)

(7)

(8)

(9)

submission of

the draft which was
The date of
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

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

contribution from the Community
The
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,

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Official Journal of the European Communities

L 122/21

HAS ADOPTED THIS DECISION:

Article 1

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 106 071 720 for the whole period
and the financial contribution from the ERDF at EUR
43 930 000

The single programming document for Community structural
assistance in the areas of
region of
Belgium fulfilling the conditions for Objective 2 for the period
1 January 2000 to 31 December 2006 is hereby approved.

the Brussels Capital

Article 2

The resulting requirement
resources of EUR
57 496 000 from the public sector and EUR 4 645 720 from
the private sector can be partly met by Community loans from
the European Investment Bank and other lending instruments.

for national

1.
In accordance with Article 19 of Regulation (EC) No
1260/1999, the single programming document includes the
following elements:

Article 3

(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 strategy of Belgium.
The priorities are as follows:

1.
The assistance from the ERDF granted under the single
programming document amounts to EUR 43 930 000 The
procedure for granting the financial assistance, including the
financial contribution from the ERDF for the various priorities
included in the single programming document, is set out in
the financing plan annexed to this Decision.

1. economic regeneration;

2. a framework for sustainable urban development;

3.

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;

The total Community assistance available is the EUR

2.
43 930 000 from the ERDF.

3.
During implementation of the financing plan, the total
cost or ERDF 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 ERDF contribution
referred to in paragraph 1.

(c)

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

the Member

State. The

funding

in

Article 4

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

(e)

the ex ante verification of compliance with additionality
and information on the transparency of financial flows;

(f)

information on the resources
monitoring and evaluating the assistance.

required for preparing,

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

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Official Journal of the European Communities

8.5.2002

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

illegal and subject

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 17 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, 4 July 2001.

For the Commission

Michel BARNIER

Member of the Commission

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