CELEX: 51972PC1523
Language: en
Date: 1972-12-04
Title: Proposal for a COUNCIL REGULATION laying down, pursuant to Article 94, EEC, rules for the supervision by the Commission of the application, in the central regions of the Community, of the principles for coordinating general regional aid systems.

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (72) 1523
Vol. 1972/0210
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 ---pagebreak--- COMMISSION          OP    THE      EUROPEAN           COMMUNITIES
                                     COM(72 ) 1523 final
                                    Brussels . 4 December 1972
                    Proposal for a
                  COUNCIL REGULATION
   laying down , pursuant to Article 94 , EEC , rules
   for the supervision "by the Commission of the
   application , in the central regions of the
   Community , of the principles for coordinating
   general regional aid systems .
   COM172 ) 1523 final
 ---pagebreak---                         Explanatory Memorandum
 1 . In its communication of 23 June 1971      on general regional aid.
systems , the Commission informed the Council that as from 1 January
1972 it would , in the execution of the duties entrusted to it under
articles 92 et seq . of the EEC treaty , apply certain principles for
coordinating general regional aid systems . On their side , the
representatives of the Governments of the Member States meeting
within the Council on 20 October 1971 adopted a resolution^ ^
whereby they undertook , thus acceding to the wish of the Commission ,
to abide by these principles .
2.    The communication and resolution stressed "that as the coordination
and planning of general regional aid systems is to be carried out
progressively , supervision is indispensable not only to ensure this
progression but to enable the effective results of this coordination
to be examined and , should it prove necessary , lead to the perfeoting
and supplementing of the methods of application".
      Provision has been made for the Commission to undertake thip
supervision through a system of post-notifications to it , in respeot
of the central regions of the Community , of significant cases to
which general regional aid systems apply under a prooedure ensuring
business secrecy to be drawn up with the assistance of experts from
the Member States .
      The technical work was exeouted in the first six months of 1972
and – at a multilateral meeting held on 21 November 1972 to which the
Commission had invited "the senior national officials responsible for
aid - led to an agreement on the following points :
– periodicity of notifications : the principle here being that there
    should not be too long a time between the date on which aid is
    granted or voted and the date of notification }
– the definition of significant cases which stems from a two–fold
    concern : that only the truly significant cases to which regional
^ OJ Ho C 111 , 4 November 1971.
 ---pagebreak---     aids apply should be considered , and "that "the effectiveness of
    "the supervision should not for that reason be impaired ;
– the data to be notified ;
– the preservation of business secrecy .
3 « As regards the legal form in which the rules of supervision
should be couohed , some Member States felt that the rules would
be easier to apply if they were incorporated in a regulation made
as provided under Article 94 EEC for the application of Articles
92 and 93 .
       This proposal effects aooordingly.
       It is of importance , however , that supervision should be
exercised by the Commission within the envisaged delays ( in
particular , the original Member States should , before 1 April 1973
submit notifications of the significant cases of 1972 ). But if ,
due to pressure of work , the Counoil is unable to adopt this
proposal for a Regulation at a date early enough to ensure
compliance with the statutory delays , then the Commission would
make the necessary transitional provisions in the proper form#
 ---pagebreak---             Proposal for a Council Regulation
            laying down , pursuant to Artiole 94 i EEC ,
            rules for the supervision by the Commission
            of the application , in the central regions
            of the Community , of the principles for
            coordinating general regional aid systems
                       ( submitted by the Commission to "the Council )
     The Council of European Communities ,
     Having regard to the Treaty establishing the Economic European
Community and in particular Article 94 thereof }
     Having regard to the proposal from the Commission }
     Whereas in a - declaration to the Council the Commission informed
the Council that as from 1 January 1972 , it would , in the execution
of the duties entrusted to it under Articles 92 et ? eq » of the EEC
Treaty , apply to general regional aid systems the principles of
coordination defined in its communication^^ to the Council on these
                                                                  !    •
systems ;
     Whereas subsequently to this communication the Representatives
of the Governments of the Member States meeting within the Counoil
                                                   2)
on 20 October 1971 have , by a first resolutionv ' on general regional
aid systems , undertaken to abide by those principles }
     Whereas the supervision of the application of the principles for
coordinating general regional aid systems is to be undertaken by the
Commission through a system of post–notifications to it , under a
procedure which will ensure that the subject matter is kept secret ,
of cases of application of aid systems in the central regions of the
Community ;
     Whereas it is therefore necessary , in connection with the
application of Articles 92 and 93 , to lay down rules governing suoh
post-notification ;
    OJ Ho C Hl/9 , 4 November 1971
^ OJ No C lll/l , 4 November 1971
 ---pagebreak---                                                                                   /
                                              - 5 -
               HAS ADOPTED THIS REGULATION :
                                           Article 1
 »             The Member States shall notify the Commission , in accordance with
               the rules prescribed hereinafter , of cases , in the oentral regions
               of the Community , of the application of general regional aid systems .
               For this purpose , cases of application which have "been- definitively decided upon-
)r approved in principle in any given period of three months shall "be notified by
               the Member States to the Commission not later than the first day of
               the fourth month following the three-month period.
               As regards the original Member States , the first notification to
               the Commission must be made before 1 April 1973 . This first notifi­
               cation shall relate to cases for whioh aid was granted or voted in
               1972 .
                                          Article 2
               The procedure laid down in Artiole 1 shall apply to oases of aid
               for capital schemes involving or exceeding, the equivalent in national
               currency of :
                      4 million units of account : in the oase of :
                                 – setting up of new establishments ,
                                 ~ extension of existing establishments entailing
                                   the creation of new jobs ;
                    3 million units of account : in the oase of :
                                – restructuration ,
                                - modernization ,
                                - rationalization ,
                                - extensions not entailing the creation of new jobs ,
                                - other projects .
                                                                      • * •/• • •
 ---pagebreak---                                               -6-
                                                                           \
               As and when required and m the light of experience gained during
               the period from 1 January 1972 to 1 January 1974 »' the Commission
               may lay before the Council a proposal for amendment of these
               threshold values .
                                          Article 3
               The notifications referred to in Artiole 1 shall be in oonformity
               with the rules laid down in Annex I to this Regulation .
                                          Article 4
               The Commission shall take all the necessary internal measures to
         •     ensure that the notifications of cases of application referred to
               in Article 1 shall not lead to breaches of secrecy as regards the '•
               subject matter .   These measures shall ensure th?.t information relating
            '' to each individual investment      "'  ; shall not be used by the
               Commission for any purpose other than the application of principles
               for coordinating general regional aid systems .
               The annual report submitted by the Commission to the Council on the
               application of those principles shall not include any reference to1
               any'        information , relating to an individual investment ^ nor shall any !
Information be communicated to other Member States .
               This Regulation shall be binding in its entirety and directly
               applicable in all Member States .
       «
 ---pagebreak---                             - 7 -
                                                 ANNEX I
                                            , *
            Rules governing notifications of cases , in the
            central regions of the Community , to which
            general regional aid systems apply .
1 . Separate data sheets are to "be made out for each oase .
     Where aid is granted several times , at different dates , for the
same scheme , the sheet setting out the position as of the date of
the first grant or vote of aid should he made out and sent in ,
followed, as and when the subsequent grants are made or voted, -by
supplement sheets forwarded' to the Commission under the quarterly
notification procedure and "bearing a reference number linking' them
to the master sheet sent in earlier®
      Data sheets shall "bear a serial number followed by the year and
 the initial of the country concerned, e.g. "Sheet l/72/X (for Member
 State X), the serial number reverting to one at the beginning of
 each year .
 2. Each case-sheet shall contain the following particulars :
 - Wat„re of project : e.g. new establishment , -extension, modernisation ,
    rationalization , restructuration .
 - Location: locality, acne and region where the project 1. located.
    If, by way of exception allowed under the relevant aid system, aid
    is grated for a scheme located outside the aid acnes designated
    by that system, the fact must be recorded.
  _ Capital expenditure involved: in absolute figures in the national
    currency or in units of account, and also the breakdown (in absolute
    figures) b, different expenditure headings (sites, building, plant
     and equipment , and so on ).
  -            aid system, the system applying must vindicated in each
     case . Where several systems apply simultaneously, either because
     their terms cf reference overlap or because two or more separate
     aids being received under different systems , the system
     applying should be shown against each aid.
 ---pagebreak--- T./pe and amount of aid : each type of aid must be shown ( together
with the aid system applying: see above ), and. where the terms or
scale of the aid differs from that laid down in the system used
( e.g. the aid is smaller in amount or is provided on less advan­
tageous terms than might be the case ), full details must be
included .
Number of .jobs to be created : must be shown where the project is
for the setting up of an establishment or the extension of an
existing one .
Sector of activity :  the case-sheet must indicate the sector of
activity benefiting from the aid using where possible the classi­
fication in the General Nomenclature of Economic Activities in
the European Communities .                                   >
Amount of aid in net grant equivalent : all the data neoessary for
computing the net grant-equivalent of each aid by the common
evaluation method described under head 5 of the Annex to the
communication of the Commission to the Council on general regional
aid systems must be included .