BMW Regional Assembly - Operational Programme '00

Commission Decision

Brussels, 27 –11-2000
C(2000) 3381

COMMISSION DECISION
of 27-11-2000
approving the operational programme for the Border Midland and Western Region forming
part of the Community Support Framework for Community structural assistance under
Objective 1 in Ireland

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No. 1260/1999 of 21 June 1999 laying down general provisions on the Structural Funds*, and in particular Article 15(4) thereof,
Whereas:
Articles 13 et seq. of Title II of Regulation (EC) No. 1260/1999 lay down the procedure for preparing and implementing operational programmes.

Under the second subparagraph of Article 15(4) of Regulation (EC) No. 1260/1999, the Commission is to appraise the proposed operational programmes submitted by the Member States to determine whether they are consistent with the aims of the corresponding Community support framework and compatible with other Community policies, and is to adopt a decision on the contribution of the Funds in accordance with Article 28(1) and in agreement with the Member State concerned, provided that the proposals contain all the features listed in Article 18(2) of that Regulation.
The Irish Government submitted to the Commission on 28 April 2000 an acceptable draft operational programme for the Border Midland and Western Region fulfilling the conditions for Objective 1 pursuant to Article 3(1) of Regulation (EC) No. 1260/1999. This draft operational programme contains the information listed in Article 18 of the Regulation, and in particular a description of the priorities of the programme and an indicative financing plan specifying for each priority and each year the financial allocation envisaged for the contribution from the European Regional Development Fund (ERDF), the European Social Fund (ESF), the European Agricultural Guidance and Guarantee Fund (EAGGF), Guidance Section, the Financial Instrument for Fisheries Guidance (FIFG), and the total amount of eligible public and estimated private funding from the Member State.
Under Article 52(4) of Regulation (EC) No. 1260/1999, as an acceptable plan was submitted between 1 January and 30 April 2000, the date from which expenditure under the plan is eligible shall be 1 January 2000. Under Article 30 of the Regulation, it is necessary to lay down the final date for the eligibility of expenditure.
The rural development measures to be financed by the EAGGF are governed, in particular as regards their compatibility and consistency with common agricultural policy measures by Council Regulation (EC) No. 1257/1999 of 17 May 1999 on support for rural development from the European Agricultural Guidance and Guarantee Fund (EAGGF) and amending and repealing certain regulations.
The operational programme has been drawn up in agreement with the Member State concerned and within the partnership.
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, co-ordination between assistance from the Funds and from the EIB and other existing financial instruments.
The financial contribution from the Community available over the entire period and its year-by-year breakdown are expressed in euro. The annual breakdown must be consistent with the relevant financial perspective. 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.

In accordance with Article 52 of Regulation (EC) No. 1257/1999, State aid intended to provide additional financing for rural development measures for which Community support is granted and included in the programming document shall be approved by the Commission under this decision.

HAS ADOPTED THIS DECISION:

Article 1

The operational programme for Community structural assistance for the Border, Midland and Western Region under Objective 1 in Ireland for the period 1 January 2000 to 31 December 2006 is hereby approved.

Article 2

In accordance with Article 18 of Regulation (EC) No. 1260/1999, the operational programme includes the following elements:

The priorities of the programme, their consistency with the relevant Community support framework, their specific quantified targets, an ex-ante evaluation of the expected impact and their consistency with the economic, social and regional policies of Ireland

The priorities are as follows:
Local Infrastructure
Local Enterprise Development
Agriculture and Rural Development
Social Inclusion and Childcare
a summary description of the measures planned to implement the priorities, including the information needed to check compliance with the state aid rules.
the indicative financing plan specifying, for each priority and each year, the financial allocation envisaged for the contribution from each Fund, and the total amounts of eligible public or equivalent expenditure and estimated private funding in the Member State.

The total contribution from the Funds planned for each year for the operational programme is consistent with the relevant financial perspectives.
the provisions for implementing the operational programme including designation of the managing authority, a description of the arrangements for managing the operational programme and the use to be made of global grants, a description of the systems for monitoring and evaluation, including the role of the Monitoring Committee, a definition of the procedures concerning the mobilisation and circulation of financial flows and a description of the specific arrangements and procedures for checking on the operational programme.

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 1079,552,350 for the whole period and the financial allocation from the Structural Funds at EUR 400,251,000.

The resulting requirement for national resources of EUR 219,767,700 from the public sector and EUR 459,533,650 from the private sector can be partly met by Community loans from the European Investment Bank and other lending instruments.

Article 3

The total assistance from the Structural Funds granted under this operational programme amounts to EUR 400,251,000. The procedure for granting the financial assistance, including the financial contribution from the Funds for the various priorities included in the operational programme, is set out in the financing plan at Annex A to this Decision.
By way of indication, the estimated initial breakdown between the Structural Funds of the total Community assistance available is as follows:

ERDF	EUR 261,918,000
ESF	EUR 33,063,000
EAGGF Guidance Section	EUR 89,200,000
FIFG	EUR 16,070,000

Total	EUR 400,251,000

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 the assistance package and which have not yet been approved by the Commission. Submission of the application for assistance, the Programming 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 within 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 on the application of Articles 87 and 88 to certain categories of horizontal aid*.

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 co-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 co-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.

By way of derogation from the preceding paragraphs, Articles 51 and 52 of Regulation. (EC) No. 1257/1999 shall apply in the context of rural development co-financed by the EAGGF

Article 5

The date from which expenditure shall be eligible is 1 January 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

State aid to provide additional financing for rural development measures for which Community support is granted as shown in the table in Annex B is hereby approved.