Europaudvalget 2003
KOM (2003) 0129
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COMMISSION OF THE EUROPEAN COMMUNITIES
Brussels, 16.6.2003
COM(2003) 352 final
2003/0129 (AVC)
C5-0291-03
Proposal for a
COUNCIL REGULATION
establishing a Cohesion Fund
(Codified version)
(presented by the Commission)
EN
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EXPLANATORY MEMORANDUM
1.
In the context of a people’s Europe, the Commission attaches great importance to
simplifying and clarifying Community law so as to make it clearer and more
accessible to the ordinary citizen, thus giving him new opportunities and the chance
to make use of the specific rights it gives him.
This aim cannot be achieved so long as numerous provisions that have been amended
several times, often quite substantially, remain scattered, so that they must be sought
partly in the original instrument and partly in later amending ones. Considerable
research work, comparing many different instruments, is thus needed to identify the
current rules.
For this reason a codification of rules that have frequently been amended is also
essential if Community law is to be clear and transparent.
2.
On 1 April 1987 the Commission therefore decided
1
to instruct its staff that all
legislative acts should be codified after no more than ten amendments, stressing that
this was a minimum requirement and that departments should endeavour to codify at
even shorter intervals the texts for which they are responsible, to ensure that the
Community rules were clear and readily understandable.
The Conclusions of the Presidency of the Edinburgh European Council
(December 1992) confirmed this
2
, stressing the importance of codification as it offers
certainty as to the law applicable to a given matter at a given time.
Codification must be undertaken in full compliance with the normal Community
legislative procedure.
Given that no changes of substance may be made to the instruments affected by
codification, the European Parliament, the Council and the Commission have agreed,
by an interinstitutional agreement dated 20 December 1994, that an accelerated
procedure may be used for the fast-track adoption of codification instruments.
4.
The purpose of this proposal is to undertake the codification of Council
Regulation (EC) No 1164/94 of 16 May 1994 establishing a Cohesion Fund
3
. The
new Regulation will supersede the various acts incorporated in it
4
; this proposal fully
preserves the content of the acts being codified and hence does no more than bring
them together with only such formal amendments as are required by the codification
exercise itself.
3.
1
2
3
4
COM(1987) 868 PV.
See Annex 3 to Part A of the Conclusions.
Carried out pursuant to the Communication from the Commission to the European Parliament and the
Council – Codification of the Acquis communautaire, COM(2001) 645 final.
See Annex III to this proposal.
2
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5.
The codification proposal was drawn up on the basis of a preliminary consolidation,
in all official languages, of Regulation (EC) No 1164/94 and the instruments
amending it, carried out by the Office of Official Publications of the European
Communities, by means of a data-processing system. Where the Articles have been
given new numbers, the correlation between the old and the new numbers is shown
in a table contained in Annex IV to the codified Regulation.
3
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ê
1164/94 (adapted)
2003/0129 (AVC)
Proposal for a
COUNCIL REGULATION
establishing a Cohesion Fund
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular
Article
Ö
161
Õ
thereof,
Having regard to the proposal from the Commission,
Having regard to the assent of the European Parliament
1
,
Having regard to the opinion of the European Economic and Social Committee
2
,
Having regard to the opinion of the Committee of the Regions
3
,
Whereas:
ê
(1)
Council Regulation (EC) No 1164/94 of 16 May establishing a Cohesion Fund
4
has
been substantially amended several times
5
. In the interests of clarity and rationality the
said Regulation should be codified.
ê
1164/94 Recital (1) (adapted)
(2)
Article 2 of the Treaty includes the task of promoting economic and social cohesion
and solidarity among Member States as objectives essential to the Community's
development and success. The strengthening of such cohesion is
Ö
cited
Õ
in
point (k) of Article 3 of the Treaty as one of the activities of the Community for the
purposes set out in Article 2 of the Treaty.
1
2
3
4
5
OJ C , , p. .
OJ C , , p. .
OJ C , , p. .
OJ L 130, 25. 5. 1994, p. 1. Regulation as last amended by Regulation (EC) No 1265/1999 (OJ L 161,
26.6.1999, p. 62).
See Annex III.
4
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ê
1164/94 Recital (2) (adapted)
(3)
Article
Ö
158
Õ
of the Treaty provides for the Community to develop and pursue its
actions leading to the strengthening of its economic and social cohesion, and provides
in particular that it shall aim at reducing disparities between the levels of development
of the various regions and the backwardness of the least-favoured regions. Community
action through the Cohesion Fund,
Ö
hereinafter referred to as “the Fund”,Õ should
support the achievement of the objectives set out in Article
Ö
158
Õ
.
ê
1164/94 Recital (3) (adapted)
(4)
The conclusions of the European Councils held in Lisbon on 26 and 27 June 1992 and
in Edinburgh on 11 and 12 December 1992 concerning the establishment of the Fund
set out the principles governing it.
ê
1164/94 Recital (4) (adapted)
(5)
The promotion of economic and social cohesion requires action by the Fund in
addition to that taken through the Structural Funds, the European Investment Bank
Ö
(EIB)
Õ
and the other financial instruments in the fields of the environment and
transport infrastructure of common interest.
ê
1164/94 Recital (5) (adapted)
(6)
The Protocol on economic and social cohesion annexed to the Treaty reaffirms the
Community's task of promoting economic and social cohesion and solidarity between
Member States and specifies that a Cohesion Fund will provide a financial
contribution to projects in the fields of the environment and trans-European networks
in the Member States subject to two conditions: firstly that they have a per capita gross
national product (GNP) of less than 90% of the Community average and secondly that
they have a programme leading to the fulfilment of the conditions of economic
convergence as set out in Article
Ö
104
Õ
of the Treaty. The relative prosperity of
Member States is best assessed on the basis of per capita GNP, measured in
purchasing power parities.
ê
1164/94 Recital (6) (adapted)
(7)
Meeting the convergence criteria calls for a
Ö
continuous and
Õ
determined effort
from the Member States concerned. In this context, all of the beneficiary Member
States are to submit to the Council a convergence programme
Ö
or stability
programme
Õ
designed for that purpose and to avoid excessive government deficits.
5
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ê
1264/1999 Art. 1 point 1(a)
(8)
With regard to the economic convergence criterion, the current macroeconomic
conditionality provisions will continue to apply. Accordingly, no new projects or new
project stages shall be financed by the Fund in a Member State in the event of the
Council, acting by qualified majority on a recommendation from the Commission,
finding that the Member State has not respected the Stability Growth Pact.
ê
1264/1999 Art. 1 point 1(b)
(9)
The provisions to speed up and clarify the excessive deficit procedure, having as its
objective to deter excessive general government deficits and, if they occur, to further
their prompt correction were set out in Council Regulation (EC) No 1467/97
6
.
ê
1264/1999 Art. 1 point 1(d)
(10)
Provision should be made, in conjunction with the fulfilment of the conditions of
economic convergence as set out in Article 104 of the Treaty and with the need for
sound management of the government deficit, for a form of conditionality in the
granting of financial assistance. In that context, compliance with the obligations
arising from the Treaty must also be assessed having due regard to the guidelines
adopted in the Resolution of the European Council of 17 June 1997 on the Stability
and Growth Pact
7
and the concept of excessive deficit is to be interpreted in the light
of that Resolution. For each participating Member State, macroeconomic
conditionality should be assessed taking account of the responsibilities of that Member
State in respect of the stability of the euro.
ê
1164/94 Recital (7) (adapted)
(11)
Ö
In accordance withÕ the second paragraph of Article
Ö
161
Õ
of the Treaty, a
Cohesion Fund,
Ö
set up by the Council,
Õ
is designed to provide a financial
contribution to projects in the fields of environment and trans-European networks in
the area of transport infrastructure.
ê
1164/94 Recital (8) (adapted)
(12)
Article
Ö
155
Õ
(1) of the Treaty provides that the Community may contribute
through the Cohesion Fund to the financing of specific projects in the Member States
in the area of transport infrastructure, whilst taking into account the potential
economic viability of the projects. Projects financed by the Fund should form part of
trans-European network guidelines which have been adopted by the Council including
those covered by the plans for trans-European networks approved by the Council or
proposed by the Commission before the entry into force of the Treaty on European
OJ L 209, 2.8.1997, p. 6.
OJ C 236, 2.8.1997, p. 1.
6
7
6
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Union. However, other transport infrastructure projects contributing to the attainment
of the objectives of Article
Ö
154
Õ
of the Treaty may be financed until the Council
has adopted the appropriate guidelines.
ê
1164/94 Recital (9) (adapted)
(13)
Article
Ö
174
Õ
of the Treaty defines the objectives and principles of the
Community in the field of the environment. The Community may contribute, through
the Fund, to actions designed to achieve those objectives. In accordance with Article
175(5) of the Treaty and without prejudice to the principle that the polluter should pay,
the Council may decide on financial assistance from the Fund where a measure based
on paragraph 1 of that Article involves costs deemed disproportionate for the public
authorities of a Member State.
ê
1164/94 Recital (10)
(14)
The principles and objectives of sustainable development are established in the
Community's programme of policy and action in relation to the environment and
sustainable development as set out in the Council Resolution of 1 February 1993
8
.
ê
1164/94 Recital (11)
(15)
A suitable balance must be struck between financing for transport infrastructure
projects and financing for environmental projects.
ê
1164/94 Recital (12)
(16)
The Commission's Green Paper on the Impact of Transport on the Environment
9
reiterates the need to develop a more environment-friendly transport system which
takes into account the sustainable development needs of the Member States.
ê
1164/94 Recital (13)
(17)
Any calculation of the cost of transport infrastructure projects must encompass
environmental costs.
ê
1164/94 Recital (14) (adapted)
(18)
In the light of the undertaking by the Member States concerned not to decrease their
investment efforts in the fields of environmental protection and transport
infrastructure, the principle of additionality within the meaning of Article
Ö
11 of
8
9
OJ C 138, 17.5.1993, p. 1.
COM(92) 46 final.
7
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Council Regulation (EC) No 1260/1999 of 21 June 1999 laying down general
provisions on the Structural Funds
10
Õ
will not apply to the Fund.
ê
1164/94 Recital (15) (adapted)
(19)
In accordance with Article
Ö
267
Õ
of the Treaty, the EIB is to facilitate the
financing of investments in conjunction with assistance from the other Community
financial instruments.
ê
1164/94 Recital (16) (adapted)
(20)
It is necessary to co-ordinate action taken in the fields of the environment and of trans-
European transport infrastructure networks through the Fund, the Structural Funds, the
EIB and the other financial instruments in order to enhance the effectiveness of
Community assistance.
ê
1164/94 Recital (17) (adapted)
(21)
With a view to helping Member States in the preparation of their projects, the
Commission should be in a position to ensure that the necessary technical support is
available to them, particularly in order to contribute to the preparation,
implementation, monitoring and evaluation of projects.
ê
1164/94 Recital (18)
(22)
Particularly in order to ensure value for money, a thorough appraisal should precede
the commitment of Community resources in order to ensure that they yield
socio-economic benefits in keeping with the resources deployed.
ê
1264/1999 Recital (11)
(23)
While the principle of a high level of assistance is retained, the search for other
sources of finance, in particular the beneficiary Member States effort to maximise the
leverage of Fund resources by encouraging greater use of private sources of funding
should be supported by the Commission. The rates of assistance should be varied to
improve the leverage of Fund resources and to take better account of the rate of return
on projects. Application of the polluter-pays principle laid down in Article 174 of the
Treaty must be complied with in operations financed by the Fund.
10
OJ L 161, 26.6.1999, p. 1. Regulation as amended by Regulation (EC) No 1447/2001 (OJ L 198,
21.7.2001, p. 1).
8
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ê
1164/94 Recital (19) (adapted)
(24)
Assistance from the Fund must be consistent with Community policies, including
environmental protection, transport, trans-European networks, competition and the
award of public contracts. Environmental protection includes the assessment of
environmental impact.
ê
1164/94 Recital (20)
(25)
There should be provision for an indicative allocation of the global resources available
for commitment between the Member States in order to facilitate the preparation of
projects.
ê
1264/1999 Art. 1 point 1(c)
(adapted)
(26)
Total annual receipt in any Member State from the Fund under this Regulation, in
combination with assistance provided under the Structural Funds, should be limited
under a general capping dependent on the national absorption capacity.
ê
1264/1999 Recital (9) (adapted)
(27)
The preliminary and final figures for the public-sector borrowing requirement, gross
domestic product
Ö
(GDP)
Õ
and GNP must be compiled in accordance with the
rules of the European system of integrated economic accounts established by Council
Regulation (EC) No 2223/96
11
.
ê
1164/94 Recital (22)
(28)
It is necessary, given the requirements of economic and social cohesion, to provide a
high rate of assistance.
ê
1164/94 Recital (23)
(29)
In order to facilitate the management of assistance from the Fund, there should be
provision for identifying the stages of projects which may be be considered technically
and financially separate and for grouping the projects together, if necessary.
11
OJ L 310, 30.11.1996, p. 1. Regulation as last amended by Regulation (EC) No 359/2002 of the
European Parliament and of the Council (OJ L 58, 28.2.2002, p. 1).
9
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ê
1164/94 Recital (24)
(30)
It should be possible to opt for assistance from the Fund either by annual instalments
or for the whole of the project and, in accordance with the principle laid down by the
European Council meeting at Edinburgh on 11 and 12 December 1992, payment
instalments following an initial advance should be closely and transparently linked
with progress towards the completion of projects.
ê
1164/94 Recital (25)
(31)
The respective powers and responsibilities of the Member States and the Commission
concerning financial control over the Fund's operations should be specified.
ê
1265/1999 Recital (5)
(32)
The Commission and the Member State should improve their cooperation on checking
projects and this cooperation should be made systematic.
ê
1164/94 Recital (26) (adapted)
(33)
In the interests of the proper management of the Fund, provision should be made for
effective methods of evaluating, monitoring and checking Community operations,
specifying the principles governing the evaluation, defining the nature of and the rules
governing the monitoring, and laying down the action to be taken in response to
irregularities or failure to comply with one of the conditions laid down when
assistance from the Fund was approved.
ê
1265/1999 Recital (6)
(34)
Where irregularities are detected, there should be a system of financial corrections to
protect the financial interests of the Community.
ê
1164/94 Recital (27)
(35)
Adequate information should be provided,
inter alia,
in the form of an annual report.
ê
1164/94 Recital (28) (adapted)
(36)
Provision should be made to give adequate publicity to Community assistance from
the Fund.
10
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ê
1164/94 Recital (29)
(37)
Publication in the
Official Journal of the European Union
of calls for public tenders
concerning projects receiving assistance from the Fund should mention the assistance.
ê
1164/94 Recital (30)
(38)
In order to facilitate the application of this Regulation, the implementing provisions
should be defined in Annex II. To ensure the necessary flexibility in their application,
the Council, acting by a qualified majority on a proposal from the Commission, should
be able, if necessary, in the light of experience gained, to amend those provisions,
HAS ADOPTED THIS REGULATION:
ê
1164/94
Article 1
Definition and objective
1.
2.
A Cohesion Fund, hereinafter referred to as “the Fund”, is hereby established.
The Fund shall contribute to the strengthening of the economic and social cohesion
of the Community and shall operate according to the provisions set out in this
Regulation.
The Fund may contribute to the financing of:
(a)
(b)
(c)
projects; or
stages of a project which are technically and financially independent; or
groups of projects linked to a visible strategy which form a coherent whole.
3.
ê
1164/94 (adapted)
Article 2
Scope
1.
The Fund shall provide financial contributions to projects, which contribute to
achieving the objectives laid down in the Treaty on European Union, in the fields of
the environment and trans-European transport infrastructure networks in Member
States with a per capita gross national product (GNP), measured in purchasing power
parities, of less than 90% of the Community average which have a programme
leading to the fulfilment of the conditions of economic convergence referred to in
Article
Ö
104
Õ
of the Treaty.
11
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2.
With regard to the GNP criterion referred to in paragraph 1, the Member States
referred to in the
Ö
second subparagraph of paragraph 3
Õ
shall continue to be
eligible for assistance from the Fund provided that, after a mid-term review
Ö
carried out before the end of 2003 based on per capita GNP as shown by
Community data for the period 2000 to 2002
Õ
, their GNP remains below 90 % of
the Community average. Any eligible Member State whose GNP exceeds the 90 %
threshold at that time shall lose its entitlement to assistance from the Fund for new
projects or, in the case of important projects split into several technically and
financially separate stages, for new stages of a project.
ê
1264/1999 Art. 1 point 2
(adapted)
3.
To be eligible under the Fund from 1 January 2000, the beneficiary Member States
must have introduced a programme as provided for in Articles 3 and 7 of Council
Regulation (EC) No 1466/97
12
.
The four Member States meeting the GNP criterion referred to in paragraph 1 are
Spain, Greece, Portugal and Ireland.
ê
1164/94 (adapted)
Article 3
Eligible measures
1.
The Fund may provide assistance for the following:
(a)
environmental projects contributing to the achievement of the objectives of
Article
Ö
174
Õ
of the Treaty, including projects resulting from measures
adopted pursuant to Article
Ö
175
Õ
of the Treaty and, in particular, projects
in line with the priorities conferred on Community environmental policy by the
Programme of Policy and Action in relation to the Environment and
Sustainable Development;
ê
1264/1999 Art. 1 point 3
(b)
transport infrastructure projects of common interest, supported by Member
States, which are identified within the framework of the guidelines adopted by
Decision No 1692/96/EC of the European Parliament and the Council
13
.
12
13
OJ L 209, 2.8.1997, p. 1.
OJ L 228, 9.9.1996, p. 1.
12
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ê
1164/94
è
1
1264/1999 Art. 1 point 3
2.
Assistance may also be granted for:
(a)
(b)
preliminary studies related to eligible projects, including those necessary for
their implementation;
è
1
technical support measures,
campaigns, particularly:
ç
(i)
(ii)
including
publicity
and
information
horizontal measures such as comparative studies to assess the impact of
Community assistance;
measures and studies which contribute to the appraisal, monitoring
è
1
, supervision
ç
or evaluation, of projects, and to strengthening and
ensuring the co-ordination and consistency of projects, particularly their
consistency with other Community policies;
(iii) measures and studies helping to make the necessary adjustments to the
implementation of projects.
Article 4
Financial resources
ê
1264/1999 Art. 1 point 4
(adapted)
For the Fund under this Regulation, from 1 January 2000, total resources available for
commitments in the period 2000 to 2006
Ö
shall amount to
Õ
EUR 18 billion at 1999
prices.
Commitment appropriations for each year of that period
Ö
shall amount to
Õ:
2000: EUR 2.615 billion;
2001: EUR 2.615 billion;
2002: EUR 2.615 billion;
2003: EUR 2.615 billion;
2004: EUR 2.515 billion;
2005: EUR 2.515 billion;
2006: EUR 2.510 billion.
In the event of a Member State becoming ineligible, resources for the Fund will be reduced
accordingly.
13
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ê
1264/1999 Art. 1 point 5
(adapted)
Article 5
Indicative allocation
An indicative allocation of the total resources of the Fund shall be made on the basis of
precise and objective criteria, principally population, per capita GNP taking account of the
improvement in national prosperity attained over the previous period, and surface area; it shall
also take account of other socioeconomic factors such as deficiencies in transport
infrastructure.
The indicative allocation of the total resources resulting from the application of those criteria
is set out in Annex I.
Total annual receipts from the Fund under this Regulation, in combination with assistance
provided under the Structural Funds, should not exceed 4% of national
Ö
gross domestic
product
Õ
(GDP).
ê
1264/1999 Art. 1 point 6
Article 6
Conditional assistance
1.
No new projects or, in the event of important projects, no new project stages shall be
financed by the Fund in a Member State in the event of the Council, acting by a
qualified majority on a recommendation from the Commission, finding that the
Member State in the application of this Regulation has not implemented the
programme referred to in Article 2(3) in such a way as to avoid an excessive
government deficit.
The suspension of financing shall cease when the Council, acting under the same
conditions, finds that the Member State concerned has taken measures to implement
that programme in such a way as to avoid an excessive government deficit.
2.
Exceptionally, in the case of projects directly effecting more than one Member State,
the Council acting by a qualified majority on a recommendation from the
Commission may decide to defer suspension of financing.
14
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ê
1164/94
Article 7
Rate of assistance
1.
The rate of Community assistance granted by the Fund shall be 80% to 85% of
public or equivalent expenditure, including expenditure by bodies whose activities
are undertaken within an administrative or legal framework by virtue of which they
may be deemed to be equivalent to public bodies.
ê
1264/1999 Art. 1 point 7
(adapted)
However, this rate may be reduced to take account, in cooperation with the Member
State concerned, of the estimated revenue generated by projects and of any
application of the polluter-pays principle.
To achieve this, the Commission shall support beneficiary Member States' efforts to
maximise the leverage of Fund resources by encouraging greater use of private
sources of funding.
ê
1164/94
2.
Where assistance is granted for a project which generates revenue, the amount of the
assistance from the Fund shall be established by the Commission, taking account of
revenue where it constitutes substantial net revenue for the promoters and in close
collaboration with the beneficiary Member State.
“Project which generates revenue” means:
(a)
(b)
3.
4.
infrastructures the use of which involves fees borne directly by users;
productive investments in the environment sector.
The beneficiary Member States may submit proposals for preparatory studies and
technical support measures.
Preliminary studies and technical support measures, including those undertaken at
the Commission's initiative, may be financed exceptionally at 100% of the total cost.
Total expenditure carried out pursuant to this paragraph may not exceed 0.5% of the
total allocation to the Fund.
15
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ê
1164/94 (adapted)
Article 8
Co-ordination and compatibility with Community policies
1.
Projects financed by the Fund shall be in keeping with the provisions of the Treaties,
with the instruments adopted pursuant thereto and with Community policies,
including those concerning environmental protection, transport, trans-European
networks, competition and the award of public contracts.
The Commission shall ensure co-ordination and consistency between projects
undertaken pursuant to this Regulation and measures undertaken with contributions
from the Community budget, the European Investment Bank (EIB) and the other
financial instruments of the Community.
2.
ê
1164/94
Article 9
Cumulation and overlapping
1.
No item of expenditure may benefit both from the Fund and from the European
Agricultural Guidance and Guarantee Fund, the European Social Fund, the European
Regional Development Fund or the financial instrument of fisheries guidance.
The combined assistance of the Fund and other Community aid for a project shall not
exceed 90% of the total expenditure relating to that project.
2.
ê
1164/94 (adapted)
Article 10
Approval of projects
1.
2.
The projects to be financed by the Fund shall be adopted by the Commission in
agreement with the beneficiary Member State.
A suitable balance shall be struck between projects in the field of the environment
and projects relating to transport infrastructure. This balance shall take account of
Article
Ö
175
Õ
(5) of the Treaty.
16
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ê
1164/94
è
1
1264/1999 Art. 1, pt. 8
3.
Applications for assistance for projects under Article 3(1) shall be submitted by the
beneficiary Member State. Projects, including groups of related projects, shall be of a
sufficient scale to have a significant impact in the field of environmental protection
or in the improvement of trans-European transport infrastructure networks. In any
event, the total cost of projects or groups of projects may in principle not be less than
è
1
EUR
ç
10 million. Projects or groups of projects costing less than this may be
approved in duly justified cases.
Applications shall contain the following information: the body responsible for
implementation, the nature of the investment and a description thereof, its costs and
location, including, where applicable, an indication of projects of common interest
situated on the same transport axis, the timetable for implementation of the work, a
cost-benefit analysis, including the direct and indirect effects on employment,
information enabling impact on the environment to be assessed, information on
public contracts, the financing plan including, where possible, information on the
economic viability of the project, and the total financing the Member State is seeking
from the Fund and any other Community source.
They shall also contain all relevant information providing the required proof that the
projects comply with the Regulation and with the criteria set out in paragraph 5, and
particularly that there are medium-term economic and social benefits commensurate
with the resources deployed.
5.
The following criteria shall be applied to ensure the high quality of projects:
(a)
their medium-term economic and social benefits, which shall be commensurate
with the resources deployed; an assessment shall be made in the light of a
cost-benefit analysis;
the priorities established by the beneficiary Member States;
the contribution which projects can make to the implementation of Community
policies on the environment
è
1
including the polluter-pays principle
ç
and
trans-European networks;
the compatibility of projects with Community policies and their consistency
with other Community structural measures;
the establishment of an appropriate balance between the fields of the
environment and transport infrastructure.
4.
(b)
(c)
(d)
(e)
6.
Subject to Article 6 and to the availability of commitment appropriations, the
Commission shall decide on the grant of assistance from the Fund provided that the
requirements of this Article are fulfilled, as a general rule within three months of
receipt of the application. Commission decisions approving projects, stages of
projects or groups of related projects shall determine the amount of financial support
and lay down a financing plan together with all the provisions and conditions
necessary for the implementation of the projects.
17
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7.
The key details of the Commission's decisions shall be published in the
Official Journal of the European Union.
ê
1164/94
è
1
1264/1999 Art. 1 point 9
Article 11
Financial provisions
1.
2.
The commitment appropriations entered in the budget shall be granted on the basis of
the decisions approving the measures concerned, in accordance with Article 10.
Assistance relating to the projects referred to in Article 3(1) shall as a general rule be
committed by annual instalments. However, in appropriate cases, the Commission
may commit the total amount of the assistance granted when it adopts the decision
granting the assistance.
Expenditure within the meaning of Article 7(1) shall not be deemed eligible for
assistance from the Fund if incurred by the beneficiary Member State before the date
on which the Commission receives the relevant application.
Payments made after an initial advance must be closely and transparently linked to
progress made in the implementation of the projects.
Payments shall be made in
è
1
euro
ç
and shall be subject to the specific provisions
set out in Annex II.
Article 12
Financial checks
3.
4.
5.
ê
1264/1999 Art. 1 point 10
1.
Without prejudice to the Commission's responsibility for implementing the
Community budget, Member States shall take responsibility in the first instance for
the financial control of projects. To that end, the measures they take shall include:
(a)
verifying that management and control arrangements have been set up and are
being implemented in such a way as to ensure that Community funds are being
used efficiently and correctly;
providing the Commission with a description of these arrangments;
ensuring that projects are managed in accordance with all the applicable
Community rules and that the funds placed at their disposal are used in
accordance with the principles of sound financial management;
(b)
(c)
18
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(d)
certifying that the declarations of expenditure presented to the Commission are
accurate and guaranteeing that they result from accounting systems based on
verifiable supporting documents;
preventing and detecting irregularities, notifying these to the Commission, in
accordance with the rules, and keeping the Commission informed of the
progress of administrative and legal proceedings. In that context, the Member
States and the Commission shall take the necessary steps to ensure that the
information exchanged remains confidential;
presenting to the Commission, when each project, step of project or group of
projects is wound up, a declaration drawn up by a person or department having
a function independent of the designated authority. This declaration shall
summarise the conclusions of the checks carried out during previous years and
shall assess the validity of the application for payment of the final balance and
the legality and regularity of the expenditure covered by the final certificate.
The Member States may attach their own opinion to this declaration if they
consider it necessary;
co-operating with the Commission to ensure that Community funds are used in
accordance with the principles of sound financial management;
recovering any amounts lost as a result of an irregularity detected and, where
appropriate, charging interest on late payments.
(e)
(f)
(g)
(h)
2.
The Commission in its responsibility for the implementation of the Community
budget shall ensure that Member States have smoothly functioning management and
control systems so that Community funds are efficiently and correctly used.
To that end, without prejudice to checks carried out by the Member States in
accordance with national laws, regulations and administrative provisions,
Commission officials or servants may, in accordance with arrangements agreed with
the Member State in the framework of cooperation described in Article G(1) of
Annex II, carry out on-the-spot checks, including sample checks, on the projects
financed by the Fund and on management and control systems with a minimum of
one working day's notice. The Commission shall give notice to the Member State
concerned with a view to obtaining all the assistance necessary. Officials or servants
of the Member State concerned may take part in such checks.
The Commission may require the Member State concerned to carry out an
on-the-spot check to verify the correctness of one or more transactions. Commission
officials or servants may take part in such checks.
ê
1265/1999 Art. 1 point 7
Before carrying out an on-the-spot check, the Commission shall give notice to the
Member State concerned with a view to obtaining all the assistance necessary.
On-the-spot checks by the Commission without notice shall be subject to agreements
reached in accordance with the Financial Regulation. Officials or agents of the
Member State concerned may take part in checks.
19
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The Commission may require the Member State concerned to carry out an
on-the-spot check to verify the correctness of payment applications. Officials or
agents of the Commission may take part in such checks, and must do so if the
Member State concerned so requests.
The Commission shall ensure that any checks that it carries out are performed in a
co-ordinated manner so as to avoid repeating checks in respect of the same subject
matter during the same period. The Member State concerned and the Commission
shall immediately exchange any relevant information concerning the results of the
checks carried out.
ê
1164/94 (adapted)
è
1
1264/1999 Art. 1 point 10
3.
Member States shall make available to the Commission any appropriate national
control reports on the projects concerned.
The Commission shall adopt detailed rules for the application of this Article
è
1
4.
ç
and shall inform the European Parliament thereof.
Article 13
Appraisal, monitoring and evaluation
1.
The Member States and the Commission shall ensure that the implementation of
projects under this Regulation is effectively monitored and evaluated. Projects must
be adjusted on the basis of the results of monitoring and evaluation.
In order to ensure the effectiveness of Community assistance, the Commission and
the beneficiary Member States shall, in cooperation with the EIB where appropriate,
carry out a systematic appraisal and evaluation of projects.
On receipt of a request for assistance and before approving a project, the
Commission shall carry out a thorough appraisal in order to assess the project's
consistency with the criteria laid down in Article 10(5). The Commission shall invite
the EIB to contribute to the assessment of projects as necessary.
During the implementation of projects and after their completion, the Commission
and the beneficiary Member States shall evaluate the manner in which they have
been carried out and the potential and actual impact of their implementation in order
to assess whether the original objectives can be, or have been, achieved. This
evaluation shall,
inter alia,
address the environmental impact of the projects, in
compliance with the existing Community rules.
In vetting individual applications for assistance, the Commission shall take into
account the findings of appraisals and evaluations made in accordance with this
Article.
The detailed rules for monitoring and evaluation, as provided for in paragraph 4,
shall be laid down in the decisions approving projects.
2.
3.
4.
5.
6.
20
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Article 14
Information and publicity
1.
The Commission shall present an annual report on the activities of the Fund, for the
purposes of examination and their opinion, to the European Parliament, the Council,
the European Economic and Social Committee and the Committee of the Regions.
The European Parliament shall deliver an opinion on the report as soon as possible.
The Commission shall report on how it has applied the observations contained in the
European Parliament's opinion.
The Commission shall ensure that Member States are informed of the activities of the
Fund.
2.
The Member States responsible for implementing a measure receiving a financial
contribution from the Fund shall ensure that adequate publicity is given to the
measure with a view to:
(a)
(b)
making the general public aware of the role played by the Community in
relation to the measure;
making potential beneficiaries and professional organisations aware of the
possibilities afforded by the measure.
Member States shall ensure, in particular, that directly visible display panels are
erected showing the percentage of the total cost of a given project which is being
financed by the Community, together with the Community logo, and that
representatives of the Community institutions are duly involved in the most
important public activities connected with the Fund.
They shall inform the Commission of the initiatives taken under this paragraph.
3.
The Commission shall adopt detailed rules on information and publicity, shall inform
the European Parliament thereof and shall publish them in the
Official Journal of the
European Union.
ê
1164/94
Article 15
Implementation
The provisions for the implementation of this Regulation are set out in Annex II hereto.
21
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ê
1164/94 (adapted)
è
1
1264/1999 Art. 1 point 11
Article 16
Final and transitional provisions
1.
The Council, acting on a proposal from the Commission in accordance with the
procedure laid down in Article
Ö
161
Õ
of the Treaty, shall re-examine this
Regulation
è
1
by 31 December 2006 at the latest
ç
.
This Regulation shall not affect the continuation of measures approved by the
Commission on the basis of the provisions of Regulation (EEC) No 792/93
applicable before the entry into force of Regulation
Ö
(EC) No 1164/94. This
Regulation
Õ
shall consequently apply,
Ö
as from its entry into force,
Õ
to those
measures.
Applications presented within the framework of Regulation (EEC) No 792/93 shall
remain valid.
2.
3.
ê
Article 17
Repeal
Regulation (EC) No 1164/94 is repealed.
References to the repealed Regulation shall be construed as references to this Regulation and
shall be read in accordance with the correlation table in Annex IV.
ê
1164/94 (adapted)
Article 18
Entry into force
This Regulation shall enter into force on the
Ö
twentieth
Õ
day following that of its
publication in the
Official Journal of the European Union.
22
kom (2003) 0129 - Ingen titel
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels,
For the Council
The President
23
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ê
1264/1999 Art. 1 point 12
(adapted)
ANNEX I
Indicative allocation of the total resources of the Fund among the beneficiary Member States:
Greece:
Spain:
Ireland:
Portugal:
16% to 18% of the total
61% to 63.5% of the total
2% to 6% of the total
16% to 18% of the total.
_____________
24
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ê
1164/94
ANNEX II
IMPLEMENTING PROVISIONS
ê
1265/1999 Art. 1 point 1
(adapted)
Article A
Designation of projects, of stages or groups of projects
1.
The Commission may, in agreement with the beneficiary Member State, group
projects together and designate technically and financially separate stages of a
project for the purpose of granting assistance.
For the purpose of this Regulation, the following definitions shall apply:
(a)
a “project” shall be an economically indivisible series of works fulfilling a
precise technical function and with clearly identified aims from which to judge
whether the project complies with the criterion laid down in Article 10(5)
Ö
(a)
Õ
;
a “technically and financially independent stage” shall be a stage which can be
identified as operational in its own right.
2.
(b)
3.
4.
A stage may also cover preliminary, feasibility and technical studies needed for
carrying out a project.
To comply with the criterion in Article 1(3)
Ö
(c)
Õ
, projects meeting the
following three conditions may be grouped:
(a)
(b)
(c)
they must be located in the same area or situated along the same transport
corridor;
they must be carried out under an overall plan for the area or corridor with
clearly identified goals, as provided for in Article 1(3);
they must be supervised by a body responsible for co-ordinating and
monitoring the group of projects in cases where the projects are carried out by
different competent authorities.
25
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ê
1164/94 (adapted)
è
1
1265/1999 Art. 1 point 2
è
2
1265/1999 Art. 1 point 3
Article B
Ö
Appraisal
Õ
1.
The Commission shall examine applications for assistance to verify in particular that
the administrative and financial mechanisms are adequate for the effective
implementation of the project.
Pursuant to Article 13(3), the Commission shall appraise projects to determine their
anticipated impact in terms of the objectives of the Fund, quantified using
appropriate indicators.
è
1
The beneficiary Member States shall provide all
necessary information, as set out in Article 10(4), including the results of feasibility
studies and
ex ante
appraisals. In order to make this appraisal as effective as possible,
Member States shall also provide the results of the environmental impact assessment
in conformity with the Community legislation, and their consistency with a general
environmental or transport strategy at administrative unit or sector level, and, where
appropriate:
(a)
(b)
an indication of the possible alternatives that were not chosen; and
the links between projects of common interest located along the same transport
corridor.
ç
Article C
Commitments
1.
Budgetary commitments shall be made on the basis of the Commission decisions
approving the measures concerned (project, stage of project, group of projects, study
or technical support measure). Commitments shall be valid for a period determined
by the nature of the measure and the specific conditions for its implementation.
Budgetary commitments in respect of assistance granted to projects, stages of
projects or groups of projects shall be carried out in one of two ways:
(a)
commitments in respect of the projects referred to in Article 3(1) to be carried
out over a period of two or more years shall, as a general rule and subject to the
provisions of subparagraph (b), be effected in annual instalments.
The commitments in respect of the first annual instalment shall be made when
the decision granting Community assistance is adopted by the Commission.
è
2
Commitments in respect of subsequent annual instalments shall be based
on the initial or revised financing plan for the project and shall normally be
made at the beginning of each budget year and as a general rule by 30 April
each year, based on the expenditure forecasts for the project for that current
year;
ç
26
2.
2.
kom (2003) 0129 - Ingen titel
1443957_0027.png
ê
1265/1999 Art. 1 point 3
(b)
for projects to be carried out over a period of less than two years or where
Community assistance is less than EUR 50 million, an initial commitment of
80% of assistance may be made when the Commission adopts the decision to
grant Community assistance.
The balance shall be committed according to the implementation of the project.
ê
1164/94
3.
In the case of the studies and technical support measures referred to in Article 3(2),
the assistance shall be committed when the Commission approves the measure
concerned.
The arrangements for commitments shall be specified in the Commission decisions
approving the measures concerned.
4.
ê
1265/1999 Art. 1 point 3
5.
Except in duly justified cases, the assistance granted to a project, group of projects or
project stage on which work has not begun within two years from the date of its
expected start as indicated in the decision granting assistance or the date of its
approval if later, shall be cancelled.
In any case the Commission shall inform in good time the Member States and the
designated authority whenever there is a risk of cancellation.
ê
1164/94
è
1
1265/1999 Art. 1 point 4
Article D
Payments
1.
Payments of financial assistance shall be made in accordance with the corresponding
budget commitments, to the authority or body designated for the purpose in the
application submitted by the beneficiary Member State concerned.
è
1
Payments
may take the form of payments on account, interim payments or payments of the
final balance. Interim payments and payments of the balance shall relate to
expenditure actually paid out, which must be supported by receipted invoices or
accounting documents of equivalent probative value.
ç
27
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ê
1265/1999 Art. 1 point 4
2.
Payments shall be made as follows:
(a)
a single payment on account of 20% of the Fund assistance as initially decided
shall be paid when the decision granting Community assistance is adopted and,
except where duly justified, after signature of the contracts relating to public
procurement.
All or part of a payment on account shall be repaid by the designated authority
or body referred to in paragraph 1 if no payment application is sent to the
Commission within 12 months from the date on which the payment on account
is paid;
(b)
interim payments may be paid provided that the project is progressing
satisfactorily towards completion and shall be made to refund the expenditure
certified and actually paid, subject to the following conditions:
(i)
the Member State has submitted an application describing the progress of
the project in terms of its physical and financial indicators and its
conformity with the decision to grant asssistance, including where
appropriate any specific conditions attached to the assistance;
the observations and recommendations of the national and/or Community
inspection authorities have been acted on, in particular as regards the
correction of any observed or presumed irregularities;
(ii)
(iii) the main technical, financial and legal problems that have arisen and the
measures taken to correct them have been indicated;
(iv) any departures from the original financing plan have been analysed;
(v)
the steps taken to publicise the project have been described.
The Member States shall be informed without delay by the Commission if one
of the abovementioned conditions is not fulfilled;
(c)
the total amount of the payments made under (a) and (b) may not exceed 80%
of the total assistance granted. This percentage may be increased to 90% for
important projects committed in annual instalments and in justified cases;
the final balance of Community assistance calculated on the basis of
expenditure certified and actually paid shall be paid provided that:
(i)
(ii)
the project, stage of project, or group of projects has been carried out
according to its objectives;
the designated authority or body referred to in paragraph 1 submits an
application for payment to the Commission within six months of the
deadline for completion of the work and for expenditure laid down in the
(d)
28
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decision granting assistance to the project, stage of project or group of
projects;
(iii) the final report referred to in Article F(4) is submitted to the
Commission;
(iv) the Member State certifies to the Commission that the information given
in the application for payment and in the report is correct;
(v)
the Member State has sent the Commission the declaration referred to in
Article 12(1);
(vi) all the information and publicity measures drawn up by the Commission
under Article 14(3) have been implemented.
3.
If the final report referred to in paragraph 2 is not sent to the Commission within
18 months of the final date for completion of the works and payments as given in the
decision granting assistance, that part of the assistance representing the remaining
balance for the project shall be cancelled.
ê
1164/94
4.
Member States shall designate the authorities empowered to issue the certificates
referred to in paragraph 2(d).
ê
1265/1999 Art. 1 point 4
5.
Member States shall ensure that applications for payment are submitted to the
Commission as a general rule three times a year, by 1 March, 1 July and 1 November
at the latest.
ê
1164/94
è
1
1265/1999 Art. 1 point 4
6.
Payment shall be made to the authority or body designated by the Member State, as a
general rule not later than two months after receipt of an admissible application for
payment
è
1
provided budget funds are available
ç.
In the case of the studies and other measures referred to in Article 3(2), the
Commission shall determine the appropriate payment procedures.
7.
ê
1265/1999 Art. 1 point 4
8.
The Commission shall lay down common rules on the eligibility of expenditure.
29
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ê
1164/94
è
1
1265/1999 Art. 1 point 5
Article E
Use of the
è
1
euro
ç
1.
2.
3.
4.
Applications for assistance, together with the relevant financing plan, shall be
submitted to the Commission in
è
1
euro
ç.
The amounts of assistance and the financing plans approved by the Commission shall
be expressed in
è
1
euro
ç.
Declarations of expenditure in support of the corresponding payment applications
shall be expressed in
è
1
euro
ç.
Payments of financial assistance by the Commission shall be made in
è
1
euro
ç
to
the authority designated by the Member State to receive such payments.
ê
1265/1999 Art. 1 point 5
5.
For Member States not participating in the euro, the conversion rate shall be the
Commission's financial accounting rate.
ê
1164/94
Article F
Monitoring
1.
The Commission and the Member State shall ensure effective monitoring of
implementation of Community projects part-financed by the Fund. Monitoring shall
be carried out by way of jointly agreed reporting procedures, sample checks and the
establishment of
ad hoc
committees.
Monitoring shall be carried out by reference to physical and financial indicators. The
indicators shall relate to the specific character of the project and its objectives. They
shall be arranged in such a way as to show:
(a)
(b)
3.
the stage reached in the receipt in relation to the plan and objectives originally
laid down;
the progress achieved on the management side and any related problems.
2.
Monitoring committees shall be set up by arrangement between the Member State
concerned and the Commission.
30
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The authorities or bodies designated by the Member State, the Commission and,
where appropriate, the EIB shall be represented on the committees.
Where regional and local authorities are competent for the execution of a project and,
where appropriate, where they are directly concerned by a project they shall also be
represented on such committees.
4.
For each project, the authority or body designated for the purpose by the Member
State shall submit progress reports to the Commission within three months of the end
of each full year of implementation. A final report shall be submitted to the
Commission within six months of completion of the project or stage of project.
ê
1265/1999 Art. 1 point 6
This report shall include:
(a)
a description of the work carried out, accompanied by the physical indicators,
the expenditure by category of work and any measures taken under specific
clauses in the decision granting assistance;
information on all publicity measures;
certification that the work conforms to the decision granting assistance;
an initial assessment as to whether the anticipated results as indicated in
Article 13(4) are likely to be achieved, including in particular:
(i)
(ii)
the actual starting date of the project;
the way in which it will be managed once finished;
(b)
(c)
(d)
(iii) confirmation, if appropriate, of the financial forecasts, especially as
regards the operating costs and expected revenue;
(iv) confirmation of the socioeconomic forecasts, in particular the expected
costs and benefits;
(v)
an indication of the environmental protection measures taken, and their
cost, including compliance with the polluter-pays principle.
ê
1164/94
5.
On the basis of the results of monitoring, and taking account of the comments of the
monitoring committee, the Commission shall adjust the amounts and conditions for
granting assistance as initially approved, as well as the financing plan envisaged, if
necessary on a proposal by the Member States.
31
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ê
1265/1999 Art. 1 point 6
The decision granting assistance shall include appropriate arrangements for making
the modifications, differentiating between them on the basis of their nature and
importance.
ê
1164/94
6.
7.
For the greater effectiveness of the Fund, the Commission shall ensure that when the
Fund is administered particular attention is paid to transparency of management.
The monitoring arrangements shall be laid down in the Commission decisions
approving the projects.
Article G
Checks
ê
1265/1999 Art. 1 point 7
1.
The Commission and the Member State shall on the basis of bilateral administrative
arrangements co-operate to co-ordinate plans, methods and implementation of checks
so as to maximise the usefulness of those carried out. They shall immediately
exchange the results of the checks carried out. At least once a year the following
shall be examined and evaluated:
(a)
(b)
(c)
the results of the checks carried out by the Member State and the Commission;
any comments made by other national or Community control bodies or
institutions;
the financial impact of the irregularities noted, the steps already taken or still
required to correct them and, where necessary, adjustments to the management
and control systems.
Following this examination and evaluation and without prejudice to the measures to
be taken immediately by the Member State under Article H, the Commission may
make observations, particularly regarding the financial impact of any irregularities
detected. These observations shall be addressed to the Member State and the
designated authority of the project concerned. The observations shall be
accompanied, where necessary, by requests for corrective measures to remedy the
management shortcomings found and correct those irregularities detected which have
not already been corrected. The Member State shall have the opportunity to comment
on these observations.
Where following or in the absence of comments of the Member State the
Commission adopts conclusions, the Member State shall take the necessary steps
32
kom (2003) 0129 - Ingen titel
1443957_0033.png
within the deadline set to comply with the Commission's request and inform the
Commission of its actions.
2.
Without prejudice to this Article, the Commission may suspend all or part of an
interim payment if it finds that the expenditure concerned is linked to a serious
irregularity. The Commission shall inform the Member State concerned of the action
taken and the reasons for it.
For a period of three years, unless otherwise decided in the bilateral administrative
arrangements, following the payment by the Commission of the final balance in
respect of a project, the responsible body and authorities shall keep available for the
Commission all the supporting documents (either the originals or versions certified to
be in conformity with the originals on commonly accepted data carriers) regarding
expenditure and checks on the project concerned.
This period shall be interrupted either in the case of legal proceedings or at the duly
substantiated request of the Commission.
3.
ê
1164/94
Article H
ê
1265/1999 Art. 1 point 8
Financial corrections
1.
If, after completing the necessary verifications, the Commission concludes that:
(a)
the implementation of a project does not justify either part or the whole of the
assistance granted to it, including a failure to comply with one of the conditions
in the decision to grant assistance and in particular any significant change
affecting the nature or conditions of implementation of the project for which
the Commission's approval has not been sought; or
there is an irregularity with regard to assistance from the Fund and that the
Member State concerned has not taken the necessary corrective measures,
(b)
the Commission shall suspend the assistance in respect of the project concerned and
stating its reason, request that the Member State submits its comments within a
specified period of time.
If the Member State objects to the observations made by the Commission, the
Member State shall be invited to a hearing by the Commission, in which both sides
make efforts to reach an agreement about the observations and the conclusions to be
drawn from them.
2.
At the end of the period set by the Commission, the Commission shall, subject to the
respect of due procedure, if no agreement has been reached within three months,
taking into account any comments made by the Member State, decide to:
33
kom (2003) 0129 - Ingen titel
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(a)
(b)
reduce the payment on account referred to in Article D(2); or
make the financial corrections required. This shall mean cancelling all or part
of the assistance granted to the project.
These decisions shall respect the principle of proportionality. The Commission shall,
when deciding the amount of a correction, take account of the type of irregularity or
change and the extent of the potential financial impact of any shortcomings in the
management or control systems. Any reduction or cancellation shall give rise to
recovery of the sums paid.
ê
1164/94
è
1
1265/1999 Art. 1 point 8
3.
è
1
Any sum received unduly and to be recovered shall be paid to the Commission.
Interest on account of late repayment shall be charged in accordance with the rules to
be adopted by the Commission.
ç
ê
1265/1999 Art. 1 point 8
4.
The Commission shall lay down the detailed rules for implementing paragraphs 1 to
3 and shall inform the Member States and the European Parliament thereof.
ê
1164/94 (adapted)
è
1
1265/1999 Art. 1 point 9
Article I
Public contracts
In the context of the application of Community rules on the award of public contracts, notices
sent for publication in the
Official Journal of the European Union
shall specify those projects
for which Community assistance has been applied for or granted.
Article J
Information
The information to be given in the annual report provided for in Article 14 shall be as set out
in the
Ö
Appendix
Õ
to this Annex.
The Commission shall be responsible for organising an information meeting with the Member
States every six months.
è
1
At this meeting the Commission shall inform the Member States
in particular of the relevant subjects for the annual report and its actions and decisions taken.
The Commission shall send the Member States the appropriate documents in good time
before the meeting is held.
ç
34
kom (2003) 0129 - Ingen titel
Article K
Review
If necessary, in the light of experience gained, the Council may, acting by a qualified majority
on a proposal from the Commission and after consulting the European Parliament, amend the
provisions of this Annex.
_____________
35
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Ö
Appendix
Õ
to Annex II
The annual report shall provide information on the following:
1.
financial assistance committed and paid by the Fund, with an annual breakdown by
Member State and by type of project (environment or transport);
ê
1265/1999 Art. 1 point 10
2.
the economic and social impact of the Fund in the Member States and on economic
and social cohesion in the Community, including the impact on employment;
ê
1164/94 (adapted)
3.
summary of information on the programmes implemented in the beneficiary Member
States to fulfil the conditions of economic convergence referred to in Article
Ö
104
Õ
of the Treaty and on the application of Article 6 of this Regulation;
information on the conclusions drawn by the Commission, with regard to the
suspension of financing, from decisions taken by the Commission, such as those
mentioned in Article 6;
the contribution which the Fund has made to the efforts of the beneficiary Member
States to implement Community environment policy and to strengthen
trans-European transport infrastructure networks; the balance between projects in the
field of the environment and projects relating to transport infrastructure;
assessment of the compatibility of operations of the Fund with Community policies,
including those concerning environmental protection, transport, competition and the
award of public contracts;
the measures taken to ensure co-ordination and consistency between projects
financed by the Fund and measures financed with contributions from the Community
budget, the
Ö
EIB
Õ
and the other financial instruments of the Community;
the investment efforts of the beneficiary Member States in the fields of
environmental protection and transport infrastructure;
the preparatory studies and technical support measures financed, including a
specification of the types of such studies and measures;
the results of appraisal, monitoring and evaluation of projects, including information
on any adjustment of projects to accord with the results of appraisal, monitoring and
evaluation;
the contribution of the EIB to the evaluation of projects;
4.
5.
6.
7.
8.
9.
10.
11.
36
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12.
summary of information on the results of checks carried out, irregularities found and
administrative and judicial proceedings in progress.
_____________
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é
ANNEX III
Repealed Regulation and its amending Regulations
Council Regulation (EC) No 1164/94
Council Regulation (EC) No 1264/1999
Council Regulation (EC) No 1265/1999
(OJ L 130, 25.5.1994, p. 1)
(OJ L 161, 26.6.1999, p. 57)
(OJ L 161, 26.6.1999, p. 62)
_____________
38
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ANNEX IV
C
ORRELATION TABLE
Regulation (EC) No 1164/94
Article 1(1) and (2)
Article 1(3), first indent
Article 1(3), second indent
Article 1(3), third indent
Article 2(1)
Article 2(2)
Article 2(3)
Article 2(4), first and second subparagraphs
Article 2(4), third subparagraph
Article 3(1), first indent
Article 3(1), second indent
Article 3(2), first indent
Article 3(2), second indent
Article 3(2), second indent, point (a)
Article 3(2), second indent, point (b)
Article 3(2), second indent, point (c)
Article 4, first paragraph
Article 4, second paragraph
Article 4, third paragraph
Article 4, fourth paragraph
Article 4, fifth paragraph
Articles 5 and 6
Article 7(1)
Article 7(2), first indent
This Regulation
Article 1(1) and (2)
Article 1(3)(a)
Article 1(3)(b)
Article 1(3)(c)
Article 2(1)
Article 2(2)
Article 2(3), first and second subparagraphs
--
Article 3(1)(a)
Article 3(1)(b)
Article 3(2)(a)
Article 3(2)(b)
Article 3(2)(b)(i)
Article 3(2)(b)(ii)
Article 3(2)(b)(iii)
Article 4, first paragraph
Article 4, second paragraph
Article 4, third paragraph
Articles 5 and 6
Article 7(1)
Article 7(2)(a)
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Article 7(2), second indent
Article 7(3) and (4)
Articles 8 and 9
Article 10(1) - (4)
Article 10(5), first indent
Article 10(5), second indent
Article 10(5), third indent
Article 10(5), fourth indent
Article 10(5), fifth indent
Article 10(6) and (7)
Articles 11 - 13
Article 14(1)
Article 14(2), first indent
Article 14(2), second indent
Article 14(3)
Article 15
Article 16(1)
Article 16(2)
Article 16(3)
Article 16(4)
Article 17
Annex I
Annex II:
Article A
Article B(1)
Article B(2), first indent
Article 7(2)(b)
Article 7(3) and (4)
Articles 8 and 9
Article 10(1) - (4)
Article 10(5)(a)
Article 10(5)(b)
Article 10(5)(c)
Article 10(5)(d)
Article 10(5)(e)
Article 10(6) and (7)
Articles 11 – 13
Article 14(1)
Article 14(2)(a)
Article 14(2)(b)
Article 14(3)
Article 15
Article 16(1)
Article 16(2)
Article 16(3)
Article 17
Article 18
Annex I
Annex II:
Article A
Article B(1)
Article B(2)(a)
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Article B(2), second indent
Article C
Article D(1)
Article D(2)(a)
Article D(2)(b), first indent
Article D(2)(b), second indent
Article D(2)(b), third indent
Article D(2)(b), fourth indent
Article D(2)(b), fifth indent
Article D(2)(c)
Article D(2)(d), first indent
Article D(2)(d), second indent
Article D(2)(d), third indent
Article D(2)(d), fourth indent
Article D(2)(d), fifth indent
Article D(2)(d), sixth indent
Article D(3) and (4)
Article D(4a)
Article D(5)
Article D(6)
Article D(7)
Article E
Article F(1)
Article F(2), first indent
Article F(2), second indent
Article F(3)
Article F(4)(a), (b) and (c)
Article B(2)(b)
Article C
Article D(1)
Article D(2)(a)
Article D(2)(b)(i)
Article D(2)(b)(ii)
Article D(2)(b)(iii)
Article D(2)(b)(iv)
Article D(2)(b)(v)
Article D(2)(c)
Article D(2)(d)(i)
Article D(2)(d)(ii)
Article D(2)(d)(iii)
Article D(2)(d)(iv)
Article D(2)(d)(v)
Article D(2)(d)(vi)
Article D(3) and (4)
Article D(5)
Article D(6)
Article D(7)
Article D(8)
Article E
Article F(1)
Article F(2)(a)
Article F(2)(b)
Article F(3)
Article F(4)(a), (b) and (c)
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Article F(4)(d), first indent
Article F(4)(d), second indent
Article F(4)(d), third indent
Article F(4)(d), fourth indent
Article F(4)(d), fifth indent
Article F(5), (6) and (7)
Article G – K
Annex to Annex II
Article F(4)(d)(i)
Article F(4)(d)(ii)
Article F(4)(d)(iii)
Article F(4)(d)(iv)
Article F(4)(d)(v)
Article F(5), (6) and (7)
Article G – K
Appendix to Annex II
Annex III
Annex IV
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42