98/586/EC: Commission Decision of 29 September 1998 on the approval of the multiregional single programming document for the conversion of the activities of defence in the areas concerned by Objective 2 in France (notified under document number C(1998) 2787) (Only the French text is authentic)

COMMISSION DECISION of 29 September 1998 on the approval of the multiregional single programming document for the conversion of the activities of defence in the areas concerned by Objective 2 in France (notified under document number C(1998) 2787) (Only the French text is authentic) (98/586/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 4253/88 of 19 December 1988 laying down provisions for implementing Regulation (EEC) No 2052/88 as regards coordination of activities of the different Structural Funds between themselves and with the operations of the European Investment Bank and the other existing financial instruments (1), as last amended by Regulation (EC) No 3193/94 (2), and in particular Article 10(1) last subparagraph thereof,
After consultation of the Advisory Committee on the Development and Conversion of Regions,
Whereas the programming procedure for structural assistance under Objective 2 is defined in Article 9(6) to (10) of Council Regulation (EEC) No 2052/88 of 24 June 1988 on the tasks of the Structural Funds and their effectiveness and on coordination of their activities between themselves and with the operations of the European Investment Bank and the other existing financial instruments (3), as last amended by Regulation (EC) No 3193/94; whereas Article 4(3) of Regulation (EEC) No 2052/88 provides that the Commission may contribute to financing technical assistance;
Whereas Article 10(1), last subparagraph, of Regulation (EEC) No 4253/88 foresees that the Commission adopts a single decision on the basis of a single programming document submitted by the Member State covering the points referred to in Article 8(3) and the assistance from the Funds referred to in the last subparagraph of Article 14(3);
Whereas the French Government has submitted to the Commission on 18 April 1997 the multiregional single programming document for the conversion of the activities of defence in the areas concerned by Objective 2 in France; whereas expenditure under this single programming document is eligible as from that date;
Whereas Article 2, second subparagraph, of Commission Regulation (EEC) No 1866/90 of 2 July 1990 on arrangements for using the ecu for the purpose of the budgetary management of the Structural Funds (4), as last amended by Regulation (EC) No 2745/94 (5), stipulates that in the Commission Decisions approving a single programming document, the Community assistance available for the entire period and the annual breakdown thereof shall be set out in ecus at prices for the year in which each decision is taken and shall be subject to indexation; whereas this annual breakdown must be compatible with the progressive increase in the commitment appropriations shown in Annex II to Regulation (EEC) No 2052/88; whereas indexation is based on a single rate per year, corresponding to the rates applied annually to budget appropriations on the basis of the mechanism for the technical adjustment of the financial perspectives;
Whereas Article l of Council Regulation (EEC) No 4254/88 of 19 December 1988 laying down provisions for implementing Regulation (EEC) No 2052/88 as regards the European Regional Development Fund (6), as amended by Regulation (EEC) No 2083/93 (7), defines the measures for which the ERDF may provide financial support;
Whereas the single programming document has been established in agreement with the Member State concerned through the partnership defined in Article 4 of Regulation (EEC) No 2052/88;
Whereas one measure planned under this single programming document includes the part-financing of an aid scheme which has not yet been approved by the Commission; whereas the financial commitment should be reduced by the amounts corresponding to the said measure until the aid scheme is approved by the Commission;
Whereas Article 9(3) of Regulation (EEC) No 4253/88 lays down that Member States shall provide the relevant financial information to the Commission to permit verification of the respect of the principle of additionality; whereas the analysis, in the framework of partnership, of the information provided for by the authorities of France has not yet allowed this verification; whereas payments should therefore be suspended after the first advance provided for in Article 21(2) of the said Regulation until the Commission has verified the respect of additionality;
Whereas Article 1 of the Financial Regulation of 21 December 1977 applicable to the general budget of the European Communities (8), as last amended by Regulation (EC) No 2444/97 (9), states that the legal commitments entered into for measures extending over more than one financial year must contain a time limit for implementation which must be specified to the recipient in due form when the aid is granted;
Whereas Article 20(3) of Regulation (EEC) No 4253/88 provides, subject to available funding, for a single commitment where the Community assistance granted is less than ECU 40 million for the whole programming period;
Whereas it is appropriate to mention that this Decision is governed by the provisions on the eligibility of expenditure laid down in the Annex to Commission Decision 97/317/EC of 23 April 1997 modifying the decisions approving the Community support frameworks, the single programming documents and the Community initiatives programmes in respect of France (10);
Whereas all the other conditions laid down for the grant of aid from the ERDF have been complied with,