2002/725/EC: Commission Decision of 23 November 2001 approving the single programming document for Community structural assistance under Objective 2 in the Autonomous Province of Bolzano in Italy (notified under document number C(2001) 3548)
Date: 2001-11-23
Institutions: European Commission
Subjects: Autonomous Province of Bolzano, Italy, Structural Funds, development aid, distribution of aid, financing plan, regional development

L 241/122

EN

Official Journal of the European Communities

9.9.2002

COMMISSION DECISION

of 23 November 2001

approving the single programming document

for Community structural assistance under

Objective 2 in the Autonomous Province of Bolzano in Italy

(notified under document number C(2001) 3548)

(Only the Italian text is authentic)

(2002/725/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,

Whereas:

(1)

(2)

(3)

(4)

Article 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
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 Italian Government submitted to the Commission
single
on 27 November 2000 an acceptable draft
programming document for the Autonomous Province
of Bolzano fulfilling the conditions for Objective 2
pursuant to Article 4(1) and qualifying for transitional
support under Objectives 2 and 5b pursuant to Article
6(2) of Regulation (EC) No 1260/1999. The plan
information listed in Article 16 of
includes
a
Regulation (EC) No 1260/1999,

in particular

the

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

(5)

(6)

(7)

(8)

(9)

description of the priorities selected and an indication of
the financial contribution from the European Regional
Development Fund (ERDF) and the other Financial
Instruments proposed 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 Regulation (EC) No
1260/1999, 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
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

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,

9.9.2002

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Official Journal of the European Communities

L 241/123

HAS ADOPTED THIS DECISION:

Article 1

The single programming document for Community structural
assistance in the Autonomous Province of Bolzano in Italy
transitional
eligible under Objective 2 and qualifying for
support under Objectives 2 and 5b for the period 1 January
2000 to 31 December 2006 is hereby approved.

Article 2

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

(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 Italy.

The priorities are as follows:

(cid:151) exploitation

and
historical-cultural assets for tourist and other purposes,

environmental

natural,

of

(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, a description of the systems for
the
monitoring and evaluation,
the
Monitoring Committee and the arrangements
participation of the partners in that Committee;

including the role of
for

(e)

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

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 66 337 742 for the whole period
and the financial contribution from the Structural Funds at
EUR 32 418 871.

The resulting requirement
resources of EUR
32 418 871 from the public sector and EUR 1 500 000 from
the private sector can be partly met by Community loans from
the EIB and other lending instruments.

for national

Article 3

1.
The total assistance from the Structural Funds granted
under the single programming document amounts to EUR
financial
32 418 871. 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

(cid:151) sustainable development of residential areas,

(cid:151) support

for the development and diversification of

local productive systems,

(cid:151) 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 as follows:

ERDF

EUR 32 418 871.

2.
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 EUR 30
million, without altering the total Community 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 each Fund, where relevant from the EIB,
and from the other Financial Instruments,
including, for
information, the total amount from the EAGGF Guarantee
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
single programming
planned for
for
document
financial
is
perspective;

consistent with the

each year

relevant

the

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.

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Official Journal of the European Communities

9.9.2002

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 on the
application of Articles 92 and 93 [now Articles 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
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.

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 27
November 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.
The closing date for the eligibility of expenditure in the areas
receiving transitional support shall be 31 December 2007.

Article 6

This Decision is addressed to the Italian Republic.

Done at Brussels, 23 November 2001.

For the Commission

Michel BARNIER

Member of the Commission

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