CELEX: 51980PC0700
Language: en
Date: 1980-11-12
Title: Proposal for a COUNCIL REGULATION (EEC) for a common measure to stimulate the improvement of public facilities in certain less favoured areas of the Federal Republic of Germany (submitted to the Council by the Commission)

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DOCUMENTS "COM"
COM (80) 700
Vol. 1980/0221
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 ---pagebreak---   COMMISSION OF THE EUROPEAN COMMUNITIES
                                                    COM(80)700 final.
                                                    Brussels , 12 November 1980
                               Proposal for a
                         COUNCIL REGULATION ( EEC )
for a common measure to stimulate the improvement of public facilities
in certain less favoured areas of the Federal Republic of Germany
              ( submitted/to the Council by the Commission )
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 ---pagebreak---                         EXPLANATORY MEMORANDUM
  In certain less favoured areas in the Federal Republic of Germany
  within the meaning of Council Directive 75/268/EEC of 28 April 1975 ?
  on mountain and hill farming and farming in certain less favoured
  areas ( l ) public facilities and water engineering are particularly
  deficient .
  The elimination or at least the reduction of these deficiencies ,
  particularly those relating to farm roads and water engineering in
  agriculture , forms an important prerequisite for the structural      - -■
  improvement and the efficacy of the reform of agriculture in those
  regions .
  As a result , the creation and the improvement of agricultural roads
  and the undertaking of measures in the field of water engineering,
  particularly those concerning the flood control and soil protection
  are necessary .
  A financial contribution by ^the Community for such projects , within
  the framework of a common measure , can contribute to a significant
, reduction in the adverse effects of these infrastructural deficiencies .
  ( 1 ) O.J. No L 128 , 19.5.1975 , P.1
 ---pagebreak---                           Proposal for a Council Regulation for
                        a common measure to stimulate the improvement
                         of public facilities in certain less favoured
                        areas of the Federal Republic of Germany
  THE COUNCIL OF THE EUROPEAN COMMUNITIES,
•^Having regard to the Treaty establishing the European Economic Community,
  and in particular Article 43 thereof,
  Having regard to the proposal from the Commission ,
                                                                        /
  Having regard to th *> opinion of the European. Parliament ,
  Whereas "by virtue of Article 39 ( 2 ) ( a ) of the Treaty, the social structure
  of agriculture and the structural and natural disparities between agricultural '
  regions must be taken into account in determining the common agricultural
 policy ,
 Whereas in order to attain the objectives of the common agricultural policy
  set out in Article 39 ( l ) ( a) and (b ) of the Treaty, special measures must
 be taken , at Community level , to remedy the situation in those agricultural
  areas where production conditions are particularly difficult ,
  Whereas certain less favoured areas of the Federal Republic of Germany
 within the meaning of Council Directive 75/268/EEC of 28 April 1975 on ■
  mountain and hill farming and farming in certain less favoured areas ( l ) are
  characterised by deficiencies in the public amenities , including water engi­
 neering in agriculture ,
  Whereas structural changes and agricultural reforms in these regions cannot
  be effective unless these amenities are improved ,
   ( 1 ) O.J. No L 128 , 19.5.1975 » P. 1
 ---pagebreak--- Whereas it seems opportune that the provision of
a proper rural road network , as well as the improvement of water engineering
 should "be encouragedby means of Community aid ,
Whereas the projects must also , in order to qualify for Commpnity
 financing, contribute in particular to a lasting improvement in the public
amenities available to agricultural holdings , have adequate economic
 justification and be coordinated with other measures for encouraging
agriculture and for improving amenities ; whereas they must also form part
of/outline programme, coordinating the various programmes and measures
for the balanced development of agriculture and public amenities in the
areas concerned ,                                                     '
Whereas to ensure coordination of action by the Community and by the
Member State , the projects to be financed by the European Agricultural
Guidance and Guarantee Fund , hereinafter referred to as the Fund , should
be approved and part-financed by the Member State concerned , .
Wheras to secure observance by the recipients of the conditions on which
aid is granted from the Fund , an effective control system should be set up
and provision made for suspension , reduction or termination of aid from
the Fund ,          •
Whereas in view of the special difficulties affecting these regions , the
Community should provide aid from the Fund in the form of a capital subsidy
not exceeding 30 % of the total investment ,              _
Whereas the measures referred to above accordingly constitute a common
measure within the meaning of Article 6 of Council Regulation ( EEC ) No 729/70
of 21 April 1970 on the financing of the common agricultural policy ( l ) as
last amended by Regulation (EEC ) No 2788/72 ( 2 ),
( 1 ) O.J. No L 94, 28.4.1970, p. 13
( 2 ) O.J. No L 295 , 30.12.1972 , p. 1
 ---pagebreak--- Whereas aid from the Fund provisionally estimated at 45 million Biropean units
of account      over five yeais will contribute to improving public amenities
in these regions ,
Whereas a procedure for approval of the projects should be established which
 ensures close cooperation between the Member States and the Commission
within the Standing Committee on Agricultural Structure , set up under
Article 1 of the Council Decision of 4 December 1962 on the coordination
of policies on the structure of agriculture ( l ); whereas consultation of
the Fund Committee referred to in Article 11 of Regulation ( EEC ) No 729/70
 should also be provided for,
HAS ADOPTED THIS REGULATION r
( 1 ) O.J. No 136 , 17.12.1962 , p. 2892/62
 ---pagebreak---                                                                      4 .-
      Ar+nolo 1
1 . In order to improve agricultural production and working conditions in
      certain less favoured areas of the Federal Republic of Germany , a common
      measure within the ' meaning- of Article 6 ( l ) of Regulation (EEC ) No 729/70
    ' is hereby set up for the stimulation of the improvement of public amenities .
2 . The common measure shall apply in certain less-favoured areas of the Federal
      Republic of Germany within the meaning of Council Directive 75/270/EEC ,
      Article 3 «
      These areas include
      - areas appearing in Directive 75/270/EEC which form part of the regions
        referred to in Article 92 (2 ) ( c ) of the Treaty;
     – areas which form part of the less favoured agricultural regions
        within the meaning of Article 3(4 ) and ( 5 ) of Directive 75 / 268/ EEC ,
        classified under numbers 12 , 13, 15 , 16 and 25 in Directive 75 / 270/ EEC , in .
        which at the date of entry into force of the present Regulation a compensatory
        allowance is paid in accordance with the first indent of Article 4(1 ) of Direct
        75 / 268/ EEC ; .                                   ,
      ~ areas of the Region of Hanruck which appear in Directive 75 / 270/ EEC .           • .
3 . The Commission may grant aid for the common measure , in accordance with
     Titles III and IV , by financing , from the Guidance Section of the Fund ,
     projects which are included in the outline programme described in Title I
     and which meet the conditions of Title II .
                                         TITLE I
            ,  .                   Outline programme
      Article 2    -                         ,       '
      The outline programme ior the improvement of. public amenities shall cover :
      – water engineering measures in agriculture including the establishment of
        reservoirs , the regulation of water courses and the control of floodsj
      – the construction and improvement of farm roads and local roads which are
        mainly used for agriculture and forestry.
      It shall be drawn up by the Federal Republic of Germany .
 ---pagebreak--- ' ,         ' ■:                                         '■ . :          .        5 .-
           Arxicle 3      ''               '                    .
    ( 1) The following minimum particulars shall "be given in the outline
  v 1     programme :        .     , '       . *              '        •
           ( a) a description of the measures planned and how it is expected that
                 the programme will be financed ;
         (b ) the limits ox the area covered fay. the programme ;
         ( c ) the estimated time required to carry out the programme; .
        ■(d ) the provisions for coordination with any other programmes or
                 measures for the balanced devd.cpmeiit of agriculture and public
                amenities in the areas covered by the programme and for giving
                priority to projects which are complementary to these programmes
         ,      or measures .
        ( e) ar, assurance That The actions undertaken are compatible with the
               protection of the environment".                              •
  (2) All the measures included in this action'must fall .with the framework
        of a regional development programme when the Federal. Republic of Germany-
        is oblighed to forward it to the Commission in accordance with Article 6
        of ohe Regulation on the European Regional Development Fundr hereinafter-
        referred to as the. ERDF .            '             -     - ■
        Article 4                                                     ._   •
    1 . The. outline programme and any modifications to it shall be sent by the
         Federal Republic of Germany to the Commission .
    2 . The Federal Republic of Germany shall supply any additional information
         of the kind referred to in Article 3 that may be. requested by the
         Commission " in order to assess the programme.
         Article S
         Commission approval of. the outline programme and any modifications thereto
           shall be decided in accordance with the procedure laid down in Article 15 .
                                                                              ./■
 ---pagebreak---                                                                      6 .-
                                          TITLE II
                                          Projects
     Article 6
1 . For the purposes, of this Regulation , "project " means any material investment
     in the public, semi–public or private sector relating wholly or in part to
     the measures described, in Article 2.
2 . Projects any embrace one or more of the actions indicated in Article 2 . They
    may be implemented in all or' part of an area covered by the outline programme
    Article 7
     Projects must :
     ( a ) be included in the outline programme ;
     (b ) contribute to a lasting improvement in the amenities necessary for
          • agricultural holdings ;   ^
     ( c ) be shown to be economically sound ;
    '(d ) be coordinated with other measures for encouraging agriculture and
            for improving amenities .
                                          TITLE III  '
                  ■        Procedure for the security of projects
     Article 8
1 . Applications for aid from the Fund must be submitted by the Federal Republic
     of Germany.
2. In order to qualify for aid from the Fund , projects must have been approved
    by the Federal Republic of Germany.
 ---pagebreak---                                                                       7 .-
3 . Applications for aid must be supported by proof that th« project fulfils
      the conditions laid down in Title I,
4 . The information to be provided with applications and the form in which
      this is to be presented shall be determined in accordance with the
      procedure laid down, in Article 15 after consultation with the Fund
      Committee on the financial aspects .                         -
      Article 9
1 . The Commission     shall decide on the granting of aid from the Fund in
      accordance with the procedure laid down in Article 15 after consulting the
      Fund Committee on the financail aspects .      -
2 . The Member State and the recipient of aid shall be notified of the
      Commission 's decision .                         •
      Article 10
      This Regulation shall hot applj/ projects for which Community aid is being
      provided under other common measures within the meaning of Article 6 ( l )
      of Regulation ( EEC') No 1^3/l0 or through the ERDF .
                                           TITLE IV
                               Financial and general provi si ons
      Article 11
1 . The period envisaged for carrying out the common measure is five years from
      the date of entry into force of this Regulation .
2 . Before expiry of "the period referred to in paragraph 1 , this Regulation shall
    . be reviewed by the Council , acting on a proposal from the Commission .
3 . The estimated total cost to the .V\md of the common measure , for the period
      envisaged in paragraph 1 , shall amc.mt to 45 million European units of account .
                                                                      •/.
 ---pagebreak--- /
                                                                          8 .-
   4. Article 6 ( 5 ) of Regulation ( EEC ) No 729/70 shall apply to this
        Regulation .                                                             '
        Article 12
   1 * The aid from the Fund shall consist of capital ' subsidies granted in one or
       more instalments .                                                  '
                                         V
  2 , Of the total cost of the investment involved in each project s
       ( a ) the financial contribution of the beneficiary must be at least 10 % ;
       (b ) the financial contribution of the Federal Republic of Germany must
             be at least 20 % •,                                  '
       ( c ) the subsidy granted by the Fund shall be 30
       Article 13
  1 . Natural or legal persons or groups of such persons who would in the last
    . resort bear the cost of carrying out the . project may qualify for a contri­
       bution from the Fund .                 „ :  .
       The aid from the Fund shall be paid by agencies designated for that purpose
       by the Member State concerned .
  2 . Throughout the period of application of this aid measure the authority
       or agency designated for the purpose by the Member State concerned shall send
       the Commission , on request , all supporting documents which may be- needed
       to show that the financial or other conditions laid down for each project
       are fulfilled .   The Commission may, if necessary, make on-the–spot inspections .
       After consulting the Fund Committee on the financial aspects , the
       Commission may decide to suspend , reduce or terminate aid provided from the
       Fund, in accordance with the procedure laid down in Article 16 :
       – if the project is not carried     out as planned , or
       - if some of the conditions laid down are not fulfilled , or
                                                                             /
 ---pagebreak---  - if the beneficiary , contrary to the information contained in his
   application and set out in the decision to grant aid , has neither
   begun the work within two years of the date of notification of that
   decision , nor furnished adequate assurances before the end of the
>  said period , that the project will be carried out .
The decision shall be notified to the Member State concerned and to the
beneficiary.
 The Commission shall take steps to recover monies the payment of which
was not , or has ceased to be , justified . '
The appropriations released either as the result of a
decision taken in accordance with the second subparagraph of paragraph 2
of this Article or through the beneficiary abandoning the project or
reducing the scale of the investment on which the aid decision was based ,
may be used to finance other prpjects .
Detailed rules for the implementation of this Article shall be adopted
in accordance with the procedure laid down in Article 13 of Regulation
( EEC ) No 729/70.
Article lâ
Applications submitted to the Commission for aid from the Fund for projects
which could not be granted for lack of funds may , if the applicants so
agree , be carried forward to the following financial year by the Federal
  Republic of Germany.
Requests for carrying forward applications must be made to the Commission
within    30 days of the date on which the Member State was notified of the
decision taken in accordance with the procedure laid down in Article 15 .
An application for aid may. however, be carried forward once only.
 ---pagebreak---                                                                       10 ;-
    Article 15
1 * Where "the procedure laid down in "this Article is "to "be followed ^ the matter
    shall be referred /to "the Standing Committee on Agricultural Structure , either
    by the chairman on his own initiative or at the request of the representative
                             I                                 »                      •-
    of a Member State .
2 . The representative of the Commission shall submit a draft of the measures
    to be adopted . The Standing Committee on Agricultural Structure shall
    deliver an    opinion on those measures by a majority of 4^ votes within
    a time limit set by the chairman, according to the urgency of the matter ;      *
    the votes of the Member States shall be weighted as provided for in        _
   'Article 148(2 ) of the Treaty.   The Chairman shall not vote . , 1 .
3 . The Commission shall adopt measures which shall be immediately applicable .
    However , if such measures are not in accordance with the opinion of the
    Standing Committee on . Agricultural Structure , they shall forthwith be commu­
    nicated by the Commission to the Council ; in that event , the Commission may
.   defer application of the measures which it has adopted for not more "than one
    month from the date of such communication .                            '
    The Council , acting by a qualified majority , may take a different decision
    within one . month .
    Article 16
    This Regulation shall enter into force on the third day following its
     publication in the Official Journal of the European Communities.
     This Regu lation shall be binding in tis entirety and directly applicable
     in all Member States .
     Done at Brussels ,
                                         For the Council ,
 ---pagebreak---                     FINANCIAL                  STAT EMENT
                                                                                           Date :     3.10.1980
  1 . BUDGET HEADING :         828 to be created                                           APPR0BIATI0NS
I 2. TITLE :               Proposed Council Regulation concerning a common measure to improve
      rural infrastructure in certain agricultural less favoured zones of the German
      Federal Republic .
  3 . LEGAL BASIS :            Article 6 of Regulation 729/ 70
  4 . AIMS OF PROJECT ;
      To improve in certain less favoured zones in Germany , rural roads                                             and the
      regulation of water courses .
  5 . FINANCIAL IMPLICATIONS                         PERIOD OF  12 MONTHS    CURRENT  FINANCIAL  YEAR FOLLOWING       FINANCIAL            YEAR
                                                                                     s–8fl–i                1           2J          L.
  5.0 EXPENDITURE                                                                                       C.A.                            R.A ,
        - CHARGED TO THE EC BUDGET
           ( RE FUNDS / INTERVENTIONS )                                                                   9                             pdm«
        - NATIONAL ADMINISTRATION                                                                     4 18                              p. m .
        - OTHER
  5.1   RECEIPTS
        - OWN RESOURCES OF THE EC
           ( LEVIES / CUSTOMS DUTIES )
        - NATIONAL
                                                                                                            |B « iaw»»in i il i i in   ■■■iiiiyiwiwwin
r–:–:                                          n|         1981           i ■   1982             1983        1                   1984
                                               / 1          9     '              9                 9                                 9
1 5.0.1 ESTIMATED EXPENDITURE           CO !TIIRlt .
                                                           p. m .      {         3                 6                                 9
  5.2 METHOD OF CALCULATION             see    annex .
   6.0 CAN THE PROJECT BE FINANCED FROM APPROBIATIONS ENTERED IN THE RELEVANT CHAPTER OF THE CURRENT BUDGET ?
                                                                                      NON APPLICABLE                                     KXMCX
   6.1   CAN THE PROJECT SE FINANCED BY TRANSFER. BETWEEN CHAPTERS OF THE CURRENT BUDGET ?
                                                                                      NON APPLICABLE
    6.2  IS A SUPPLEMENTARY UUDGLT Hi NtLfc SSARY      ?
    6.3 WILL FUTURE BUDGET APPROBATIONS BE NECESSARY ?
                                                                                                                                          YES /totfX
    OBSERVATIONS
 ---pagebreak---                                     ANNEX
The surface area concerned by the measures represents 9 % of the surface
area of the German Federal RepubLic .
On average / over a 5 year period , national aid for these sectors amounts
to 1,315 MEUA .
Hence the aid for the zones concerned can be evaluated at about 120 MEUA
However ^ the costs of carrying out this type of work , in these difficult
regions can be 50 % greater than the average costs .
As a result , the national aid will be equivalent to 180 MEUA .
The objective being to accelerate the execution of these works by about
25 % , the Community financial contribution should correspond to 25 % of
180 MEUA , that is 45 MEUA .                                 \
The timetable of this aid " could be as follows :
                           2    3
     Year           1                 4
                                          i
                                          I
                                            5 j 6    7    8    Tota l
  Commitments         9    9    9 .   9     9                    45
 Payments          p. m .  3    6     9     9   9    6    3      45
                                          '