COMMISSION  DECISION of 29 March 1995 approving the single programming document for Community structural  measures for improving the processing and marketing conditions for agricultural products in Lower  Saxony (Federal Republic of Germany), in respect of Objective 5 (a), covering the period between  1994 and 1999 (Only the German text is authentic) (95/103/EC)
THE COMMISSION OF THE  EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 866/90 of 29 March 1990 on improving the processing  and marketing conditions for agricultural products  (1), as last amended by Regulation (EC) No  2843/94  (2), and in particular Article 10a thereof,
Whereas on 29 April 1994 the German Government submitted to the Commission the single programming  document referred to in Article 10a of Regulation (EEC) No 866/90 for the Land of Lower Saxony,  supplemented by additional information sent on 21 July, 22 August and 15 November 1994 and 12  January 1995; whereas that document contains the plans designed to improve the structures relating  to the various product sectors referred to in Article 2 (1) of Regulation (EEC) No 866/90 and the  aid applications referred to in Article 10 (a) of that Regulation;
Whereas the single programming document meets the conditions of and contains the information  required in Article 1 (3) of Commission Regulation (EC) No 860/94 of 18 April 1994 on plans and  applications in the form of operational programmes for aid from the Guidance Section of the EAGGF  for investments for improving the processing and marketing conditions for agricultural and forestry  products  (3);
Whereas the single programming document was drawn up in agreement with the Member State concerned  under the partnership as defined in Article 4 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 activities  between themselves and with the operations of the European Investment Bank and the other existing  financial instruments  (4), as amended by Regulation (EEC) No 2081/93  (5);
Whereas the second indent of Article 2 of Commission Regulation (EEC) No 1866/90 of 2 July 1990 on  arrangements for using the ecu for the purposes of the budgetary management of the Structural Funds   (6), as amended by Regulation (EC) No 2745/94  (7), provides that in Commission decisions  approving single programming documents, the Community assistance decided upon for the entire period  and the annual breakdown thereof are to be set out in ecus, at prices for the year in which the  decision is taken, and are to be subject to indexation; whereas the annual breakdown must be  compatible with the progressive increase in commitment appropriations as set out in Annex II to  Regulation (EEC) No 2052/88 as amended; whereas the indexation is to be based on a single rate per  year corresponding to the rates applied annually to the Community budget on the basis of the  mechanisms for technical adjustment of the financial perspectives;
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 Council Regulation (ECSC, EC, Euratom) No  2730/94  (9), provides that the legal commitments entered into for measures extending over more  than one financial year are to contain a time limit for implementation which must be specified to  the recipient in due form when the aid is granted;
Whereas, during the implementation of the single programming document, the Member State will ensure  that the individual projects included therein will conform with the selection criteria for  investments for improving the processing and marketing conditions for agricultural products  currently in force, in application of Article 8 (1) of Regulation (EEC) No 866/90;
Whereas in order to ensure clarity over the whole of the conditions governing the implementation of  Regulation (EEC) No 866/90 in Germany this Member State will submit to the Commission, before 15  April 1995, a consolidated version of the single planning document showing the agreement reached by  the partnership, as set out within the document annexed to the present Decision  (1); whereas this  consolidated version must contain all the information required in accordance with Article 10a of  Regulation (EEC) No 866/90 and Articles 8, 9, 10 and 14 of Regulation (EEC) No 4253/88;
Whereas Article 9 (3) of Regulation (EEC) No 4253/88 states that the Member States will supply the  Commission with the appropriate financial information to permit it to verify that the principle of  additionality has been respected; whereas analysis of the information supplied by the German  authorities shows that this principle has been taken into account; whereas supplementary  verification of the respect of the principle should be made on the basis of information to be  supplied with the consolidated version of the single programming document; whereas, in addition,  the verification that this principle continues to be respected will be pursued in the framework of  partnership during the implementation of the single programming document; whereas these  verifications are essential for the continuation of EAGGF aid to the measures concerned in the  present Decision;
Whereas the measures provided for in this Decision are in accordance with the opinion of the  Committee on Agricultural Structures and Rural Development,
The single programming document for Community structural measures for  improving the processing and marketing conditions for agricultural and forestry products in Lower  Saxony, covering the period 1  January 1994 to 31 December 1999, is hereby approved.
The sectors included for joint action are:
-  fruit and vegetables,
-  flowers and plants.
The assistance from the EAGGF granted in respect of that single programming document  shall amount to a maximum of ECU 29  878  000.
The methods of approval of the financial assistance, including the EAGGF contribution to the  sectors adopted for joint action, are specified within the implementation provisions and the  financial plans annexed to the present Decision  (2).
For the purposes of indexation, the annual breakdown of the planned maximum overall  allocation for assistance from the EAGGF shall be as follows:
>TABLE>
The budget commitment for the first tranche shall be ECU 4  739  000.
The commitments for subsequent tranches shall be based on the financing plan for the single  programming document and on progress made in implementation.
The Community assistance shall relate only to expenditure connected with operations  covered by this single programming document which have been the subject, in the Member State, of  legally binding provisions and for which the necessary funds have been specifically committed by 31  December 1999 at the latest. The deadline for the entry in the accounts of expenditure on such  measures shall expire on 31 December 2001.
This Decision is addressed to the Federal Republic of Germany.