Legal provisions of COM(1980)333 - - Main contents
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This page contains a limited version of this dossier in the EU Monitor.
dossier | COM(1980)333 - . |
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document | COM(1980)333 |
date | October 27, 1980 |
Contents
ARTICLE 1
ARTICLE 2
2 . THE SPECIAL PROGRAMMES , WHICH SHALL CONTAIN THE INFORMATION REFERRED TO IN ANNEX I , SHALL BE BROKEN DOWN INTO SUB-PROGRAMMES CORRESPONDING TO CATEGORIES OF INVESTMENTS . THESE PROGRAMMES SHALL AS A GENERAL RULE RELATE TO REGIONS COVERED , ON 1 JANUARY 1980 , WHOLLY OR IN PART , BY AREAS ELIGIBLE FOR STATE REGIONAL AID .
3 . THE COMMISSION MAY REQUEST ANY ADDITIONAL INFORMATION NECESSARY FOR THE EXAMINATION AND ASSESSMENT OF THE SPECIAL PROGRAMMES .
ARTICLE 3
( A ) THEY MUST CONTRIBUTE TO THE ECONOMIC AND SOCIAL DEVELOPMENT OF THE UNITED KINGDOM ;
( B ) THEY MUST CONTRIBUTE TO COMMUNITY INTEGRATION ;
( C ) THEY MUST ENSURE IN A DIVERSIFIED MANNER THE DEVELOPMENT OF ECONOMIC AND SOCIAL INFRASTRUCTURES ;
( D ) THEY MUST NOT BE INCOMPATIBLE WITH A COMMUNITY POLICY ;
( E ) THEY MUST NOT GIVE RISE TO DISTORTIONS OF COMPETITION .
ARTICLE 4
2 . IN ACCORDANCE WITH THE PROCEDURE LAID DOWN IN ARTICLE 8 , THE COMMISSION SHALL DECIDE ON
( A ) THE SUB-PROGRAMMES MERITING COMMUNITY INTERVENTION IN ACCORDANCE WITH THE CRITERIA DEFINED IN ARTICLE 3 ;
( B ) THE AMOUNT OF THE COMMUNITY ' S FINANCIAL CONTRIBUTION , FOR THE FINANCIAL YEAR IN QUESTION , TO THE ANNUAL TRANCHE OF EXPENDITURE ON EACH SUBPROGRAMME ADOPTED , WITHIN THE LIMITS OF THE APPROPRIATIONS AVAILABLE .
3 . THE AMOUNT OF THE COMMUNITY ' S FINANCIAL CONTRIBUTION TO A SUB-PROGRAMME CORRESPONDING TO A CATEGORY OF INVESTMENTS MAY NOT EXCEED 70 % OF THE ANNUAL EXPENDITURE ESTIMATED FOR ITS EXECUTION . IN CALCULATING THIS AMOUNT , THE COMMISSION SHALL TAKE INTO CONSIDERATION , AS REGARDS THE SUPPLEMENTARY MEASURES RELATING TO 1980 , THE PAYMENTS MADE AND ESTIMATED BY THE PUBLIC AUTHORITIES IN THE UNITED KINGDOM AS FROM 1 APRIL 1980 AND , AS REGARDS THE SUPPLEMENTARY MEASURES RELATING TO 1981 , THE PAYMENTS MADE AND ESTIMATED BY THE PUBLIC AUTHORITIES IN THE UNITED KINGDOM AS FROM 1 APRIL 1981 .
4 . THE COMMISSION DECISIONS REFERRED TO IN PARAGRAPH 2 SHALL BE PUBLISHED IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES .
ARTICLE 5
2 . HOWEVER , AT THE REQUEST OF THE UNITED KINGDOM , THE COUNCIL , ACTING BY A QUALIFIED MAJORITY ON A PROPOSAL FROM THE COMMISSION , MAY DECIDE EACH YEAR TO MAKE ADVANCE PAYMENTS ENABLING IMPLEMENTATION OF THE SUPPLEMENTARY MEASURES TO BE SPEEDED UP . IN THIS CASE , THE COMMISSION SHALL INITIATE THE NECESSARY BUDGETARY PROCEDURES .
3 . AS SOON AS THE DECISION REFERRED TO IN ARTICLE 4 ( 2 ) HAS BEEN TAKEN , THE COMMISSION SHALL MAKE A PAYMENT OF 90 % OF THE AMOUNT OF THE COMMUNITY CONTRIBUTION DECIDED ON , IN THE LIGHT OF THE APPROPRIATIONS AVAILABLE . THE TRANSFER OF THE 10 % BALANCE SHALL BE EFFECTED IMMEDIATELY AFTER THE EXHAUSTION OF THE ABOVE PAYMENT , AS CERTIFIED BY THE GOVERNMENT OF THE UNITED KINGDOM , AND AT THE LATEST BEFORE THE END OF THE FINANCIAL YEAR FOLLOWING THAT OF THE COMMITMENT , PROVIDED THAT IMPLEMENTATION OF THE SUB-PROGRAMME PROCEEDS AS PLANNED .
ARTICLE 6
2 . AT THE END OF OCTOBER OF EACH YEAR THE UNITED KINGDOM SHALL SUBMIT A REPORT TO THE COMMISSION ON THE PROGRESS MADE IN CARRYING OUT EACH SPECIAL PROGRAMME . THIS REPORT MUST ENABLE THE COMMISSION TO SATISFY ITSELF AS TO THE EXECUTION OF THE SPECIAL PROGRAMME .
THE COMMISSION SHALL SEND THIS REPORT TO THE COMMITTEE REFERRED TO IN ARTICLE 7 , WHICH MAY DISCUSS IT .
3 . WHEN , IN THE COURSE OF IMPLEMENTATION OF A SPECIAL PROGRAMME , IT APPEARS NECESSARY TO MAKE ADJUSTMENTS , THE COMMISSION AND THE COMMITTEE REFERRED TO IN ARTICLE 7 SHALL BE NOTIFIED .
4 . IF THE IMPLEMENTATION OF A SUB-PROGRAMME IS NOT IN CONFORMITY WITH THIS REGULATION OR DEPARTS SUBSTANTIALLY FROM DECISIONS TAKEN IN IMPLEMENTATION THEREOF , THE COMMISSION MAY SUSPEND PAYMENTS STILL DUE . IN THIS CASE THE COMMISSION MAY DECIDE THAT SUMS ALREADY PAID OR STILL DUE ARE TO BE ALLOCATED , IN ACCORDANCE WITH THE PROCEDURE LAID DOWN IN ARTICLE 8 , TO OTHER SUB-PROGRAMMES SUBMITTED UNDER THIS REGULATION . IF , IN THE OPINION OF THE COMMISSION , NO OTHER SUB-PROGRAMME IS AVAILABLE , THE COMMISSION SHALL RECOVER THE PAYMENTS MADE TO THE UNITED KINGDOM .
ARTICLE 7
2 . WITHIN THE COMMITTEE THE VOTES OF THE MEMBER STATES SHALL BE WEIGHTED IN ACCORDANCE WITH ARTICLE 148 ( 2 ) OF THE TREATY . THE CHAIRMAN SHALL NOT VOTE .
ARTICLE 8
2 . THE REPRESENTATIVE OF THE COMMISSION SHALL SUBMIT DRAFTS OF DECISIONS TO BE TAKEN . THE COMMITTEE SHALL DELIVER ITS OPINION ON THE DRAFTS WITHIN A TIME LIMIT WHICH THE CHAIRMAN MAY FIX ACCORDING TO THE URGENCY OF THE QUESTIONS UNDER CONSIDERATION . AN OPINION SHALL BE ADOPTED BY A QUALIFIED MAJORITY IN ACCORDANCE WITH ARTICLE 148 ( 2 ) OF THE TREATY .
3 . THE COMMISSION SHALL ADOPT DECISIONS WHICH SHALL APPLY IMMEDIATELY . HOWEVER , IF THESE DECISIONS ARE NOT IN ACCORDANCE WITH THE OPINION OF THE COMMITTEE , THEY SHALL , AS SOON AS POSSIBLE AND AT THE LATEST WITHIN ONE MONTH , BE COMMUNICATED BY THE COMMISSION TO THE COUNCIL . IN THAT EVENT THE COMMISSION SHALL DEFER APPPLICATION OF THE DECISIONS WHICH IT HAS ADOPTED FOR NOT MORE THAN TWO MONTHS FROM THE DATE OF SUCH COMMUNICATION . THE COUNCIL , ACTING BY A QUALIFIED MAJORITY , MAY TAKE A DIFFERENT DECISION WITHIN TWO MONTHS .
ARTICLE 9
ARTICLE 10
ARTICLE 11
THIS REGULATION SHALL BE BINDING IN ITS ENTIRETY AND DIRECTLY APPLICABLE IN ALL MEMBER STATES .
DONE AT LUXEMBOURG , 27 OCTOBER 1980 .
FOR THE COUNCIL
THE PRESIDENT
J . SANTER
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ANNEX I
INFORMATION CONTAINED IN THE SPECIAL PROGRAMMES
EACH SPECIAL PROGRAMME MUST CONTAIN THE FOLLOWING INFORMATION :
1 . GENERAL INFORMATION
A SPECIAL PROGRAMME WILL CONTAIN THE FOLLOWING GENERAL INFORMATION :
( A ) DEFINITION OF THE REGION OR AREA COVERED ;
( B ) A GENERAL DESCRIPTION OF THE MEASURES ENVISAGED AND A BREAKDOWN INTO SUB-PROGRAMMES ;
( C ) PERIOD OF TIME COVERED BY THE SPECIAL PROGRAMME AND BY EACH OF ITS SUB-PROGRAMMES .
2 . OBJECTIVES
A SPECIAL PROGRAMME WILL INDICATE THE OBSTACLES TO DEVELOPMENT RESULTING FROM INSUFFICIENT PROVISION OF INVESTMENT CORRESPONDING TO THE SUB-PROGRAMMES , AND ALSO THE GENERAL OBJECTIVES AND POLICY GUIDELINES RELATING TO THOSE INVESTMENTS .
A SPECIAL PROGRAMME WILL CONTAIN , AS FAR AS POSSIBLE , A QUANTIFICATION OF THE ABOVE OBJECTIVES . THIS QUANTIFICATION WILL INCLUDE THE INCREASE IN CAPACITY , THE UTILIZATION OF THAT CAPACITY AND THE IMPROVEMENT IN THE QUALITY OF SERVICES EXPECTED FROM IMPLEMENTATION OF THE PROGRAMME .
A SPECIAL PROGRAMME WILL ALSO STATE THE BENEFITS FOR OTHER REGIONS RESULTING FROM THE INVESTMENTS MADE UNDER IT , TOGETHER WITH THE INVESTMENTS WHICH NEED TO BE MADE OUTSIDE THE REGION FOR THE PURPOSE OF ITS DEVELOPMENT .
3 . COMPATIBILITY WITH COMMUNITY POLICIES
A SPECIAL PROGRAMME WILL INDICATE CLEARLY THE RELATION , IN PARTICULAR THE COMPATIBILITY , BETWEEN THE OBJECTIVES MENTIONED AT 2 AND THE OBJECTIVES AND MEASURES DERIVING FROM COMMUNITY POLICIES AFFECTING THE REGION OR THE CATEGORIES OF INVESTMENTS INVOLVED .
4 . OTHER MEASURES CONTAINED IN A SPECIAL PROGRAMME
WHERE THE ADVANCEMENT OF A SPECIAL PROGRAMME REQUIRES THE PUBLIC AUTHORITIES TO TAKE OTHER MEASURES , WHETHER IN THE FORM OF INVESTMENTS FOR WHICH FINANCING WAS NOT REQUESTED UNDER THIS REGULATION OR OF PUBLIC EXPENDITURE NOT INVOLVING INVESTMENTS , THOSE MEASURES MUST BE INDICATED IN THE SPECIAL PROGRAMME .
5 . DESCRIPTION OF THE TECHNICAL CHARACTERISTICS OF THE SUB-PROGRAMMES
EACH SUB-PROGRAMME FOR WHICH COMMUNITY ASSISTANCE IS REQUESTED WILL CONTAIN THE FOLLOWING INFORMATION :
( A ) AN OVERALL DESCRIPTION OF THE ELEMENTS OF THE SUB-PROGRAMME INCLUDING IN PARTICULAR THE MAIN PHYSCIAL CHARACTERISTICS AND THE LOCATION OF THE MAIN INVESTMENTS ;
( B ) THE PUBLIC AUTHORITIES WHO ARE TO UNDERTAKE THE WORK AND THE BODIES RESPONSIBLE FOR ITS TECHNICAL IMPLEMENTATION ;
( C ) AN IMPLEMENTATION TIMETABLE SHOWING THE WORK TO BE CARRIED OUT IN EACH YEAR .
6 . FINANCING OF SUB-PROGRAMMES
A SUB-PROGRAMME WILL GIVE THE FOLLOWING INFORMATION :
( A ) TOTAL COST OF THE SUB-PROGRAMME AND , WITHIN THAT TOTAL , THE COST OF EACH MAIN INVESTMENT AND THE OVERALL COST OF THE OTHER ELEMENTS OF THE SUB-PROGRAMME ;
( B ) IMPLEMENTATION TIMETABLE GIVING ANNUAL EXPENDITURE TRANCHES ;
( C ) SOURCES OF FINANCE FOR THE SUB-PROGRAMME .
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ANNEX II
CALCULATION RULES REFERRED TO IN ARTICLE 5 ( 1 )
1 . THE NET UNITED KINGDOM CONTRIBUTION FOR 1980 WILL BE CALCULATED ON THE BASIS OF THE PRESENT COMMISSION ESTIMATE ( 1 784 MILLION EUA ). 1 175 MILLION EUA WILL BE DEDUCTED FROM THIS FIGURE . THIS LEAVES A UNITED KINGDOM CONTRIBUTION OF 609 MILLION EUA FOR 1980 .
2 . THE NET UNITED KINGDOM CONTRIBUTION FOR 1981 WILL BE CALCULATED ON THE BASIS OF THE COMMISSION ESTIMATE OF 2 140 MILLION EUA . THE UNITED KINGDOM ' S 1980 NET CONTRIBUTION WILL BE INCREASED BY A PERCENTAGE EQUAL TO THE DIFFERENCE BETWEEN 1 784 AND 2 140 MILLION EUA , NAMELY 19.9 % OR 121 MILLION EUA . THE NET UNITED KINGDOM CONTRIBUTION FOR 1981 THEREFORE BECOMES 730 MILLION EUA .
3 . THE UNITED KINGDOM CONTRIBUTION , BASED ON THE ABOVE CALCULATIONS , IS REDUCED FOR 1980 AND 1981 BY 2 585 MILLION EUA ( 1 175 PLUS 1 410 ).
4 . IF THE UNITED KINGDOM ' S ACTUAL CONTRIBUTIONS FOR 1980 AND 1981 ARE HIGHER THAN 1 784 AND 2 140 MILLION EUA RESPECTIVELY , THE DIFFERENCE WILL BE SPLIT : FOR THE FIRST YEAR 25 % WILL BE BORNE BY THE UNITED KINGDOM AND 75 % BY THE OTHER EIGHT MEMBER STATES . FOR THE SECOND YEAR : INCREASE FROM 730 TO 750 MILLION EUA TO BE BORNE IN FULL BY THE UNITED KINGDOM ; FROM 750 TO 850 MILLION EUA , 50 % TO BE BORNE BY THE UNITED KINGDOM AND 50 % BY THE OTHER EIGHT MEMBER STATES ; ABOVE 850 MILLION EUA , 25 % TO BE BORNE BY THE UNITED KINGDOM AND 75 % BY THE OTHERS .