2002/438/EC: Commission Decision of 27 December 2001 approving the single programming document for Community structural assistance under Objective 2 in the Grand-Duchy of Luxembourg (notified under document number C(2001) 3586)
Date: 2001-12-27
Institutions: European Commission
Subjects: European Regional Development Fund, Structural Funds, aid system, development aid, development plan, financing plan, industrial region, regional aid

14.6.2002

EN

Official Journal of the European Communities

L 156/61

COMMISSION DECISION

of 27 December 2001

approving the single programming document for Community structural assistance under
Objective 2 in the Grand-Duchy of Luxembourg

(notified under document number C(2001) 3586)

(Only the French text is authentic)

(2002/438/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 Luxembourg Government submitted to the Com-
mission on 13 December 2000 an acceptable draft
single programming document for the areas fulfilling
the conditions for Objective 2 pursuant to Article 4(1)
and qualifying for transitional support under Objective 2
pursuant to Article 6(2) of Regulation (EC) No 1260/
1999. The plan includes the information listed in
Article 16 of Regulation (EC) No 1260/1999, in particu-
the priorities selected and an
lar a description of

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

(5)

(6)

(7)

(8)

(9)

indication of the financial contribution from the Euro-
pean Regional Development Fund (ERDF).

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 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 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 156/62

EN

Official Journal of the European Communities

14.6.2002

(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 areas of the Grand-Duchy of Luxembourg
eligible under Objective 2 and qualifying for transitional
support under Objective 2 for the period 1 January 2000 to
31 December 2006 is hereby approved.

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
the Grand-Duchy of Luxembourg. The priorities are as
follows:

1.

2.

3.

4.

promoting the development of the local potential of
the regions;

integrating wasteland into a sustainable programme
of economic and spatial development and improving
rundown populated areas;

promoting research,
innovation;

technological progress and

promoting the protection of the natural environ-
mental;

5.

technical assistance for the programme;

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;

(b)

(c)

bution from the Funds planned for each year for the
single programming document is consistent with the
relevant financial perspective;

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, 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;

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

information on the resources required for preparing,
monitoring and evaluating the single programming docu-
ment.

(d)

(e)

(f)

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 172 417 267 for the whole period
and the financial contribution from the Structural Funds at
EUR 41 000 000.

resulting

94 026 666

requirement

resources of
The
EUR
and
sector
EUR 37 390 601 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 total assistance from the ERDF granted under the
1.
single programming document amounts to EUR 41 000 000.
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.

The total Community contribution (EUR 41 000 000)

2.
shall come from the ERDF.

the indicative financing plan specifying for each priority
and each year the financial allocation envisaged for the
contribution from each Fund, and indicating separately
the funding planned for the areas 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 contri-

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,
or by up to EUR 30 million, without altering the total
Community contribution referred to in paragraph 1.

14.6.2002

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Official Journal of the European Communities

L 156/63

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 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 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 13 Decem-
ber 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 Grand-Duchy of Luxembourg.

Done at Brussels, 27 December 2001.

For the Commission

Michel BARNIER

Member of the Commission

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