Amended proposal for a Council Regulation (EC) on the European Regional Development Fund
C 52/12 EN Official Journal of the European Communities 23. 2. 1999 II (Preparatory Acts) COMMISSION Amended proposal for a Council Regulation (EC) on the European Regional Development Fund (˛) (1999/C 52/10) COM(1999) 18 final - 98/0114(SYN) (Submitted by the Commission pursuant to Article 189a(2) of the EC Treaty on 20 January 1999) THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 130e thereof, Having regard to the proposal from the Commission, Having regard to the opinion of the Economic and Social Committee, Having regard to the opinion of the Committee of the Regions, Acting in accordance with the procedure laid down in Article 189c the European Parliament, cooperation with in to help (1) Whereas, under Article 130c of the Treaty, the European Regional Development Fund (ERDF) is intended regional redress imbalances in the Community; whereas the ERDF therefore contributes to reducing the gap between the levels of development of the various regions and the extent to which the least favoured regions and islands, including rural areas, are lagging behind; the main (2) Wheras Article 2(2) of Council Regulation (EC) No. Ø. Ø. /. Ø. laying down general provisions on the Structural Funds states, that the main task of the ERDF the attainment of objectives 1 and 2, as referred to in Article 1 of that Regulation; whereas Articles 19 and 20 of that to contribute to is (˛) OJ C 176, 9. 6. 1998, p. 35. Regulation provide that the ERDF is to contribute to financing transnational, cross border and interÜ regional the Community initiatives; whereas Articles 21 and 22 state that it is to support innovative measures at Community level and technical assistance measures; cooperation under (3) Whereas the provisions common to the Structural Funds are set out in Regulation (EC) No. Ø. Ø. Ø/. Ø. ; whereas the type of measures, which may be financed by the ERDF under objectives 1 and 2, the innovative measures Community should be defined; inititatives and (4) Whereas the contribution of the ERDF, in pursuit of its task of promoting regional development, to the harmonious, balanced and sustainable develÜ opment of economic activity, to a high degree of competitiveness, to a high level of employment, to equality between men and women, and to a high level of protection and the environment should be defined; improvement of (4a) Whereas the ERDF should provide assistance within the framework of a comprehensive and integrated strategy for sustainable development and ensure synergy with assistance from the other Structural Funds; the productive environment and (5) Whereas, as part of its tasks, the ERDF should the support competitiveness of enterprises, especially in small local economic and medium sized enterprises, development and employment, in the fields of culture and tourism where these contribute to employment creation, research and technological development, the development of and the provision of suitable access to both regional and transÜ European networks in the transport infrastructure, including 23. 2. 1999 EN Official Journal of the European Communities C 52/13 and energy sectors, telecommunications the protection and improvement of the environment on the principle, that preventive action should be taken, that environmental damage should as a priority be rectified at source and that the polluter should pay, and by fostering the clean, efficient utilisation of energy and the development of renewable energy sources, and equality between men and women in the field of employment; (6) Whereas the ERDF should play a particular role in the favour of context of raising the quality of life and developing the territory, especially by promoting territorial employment pacts and new sources of employment; local economic development, in (7) Whereas measures of Community interest undertaken at the initiative of the Commission have an important role to play in achieving the general objectives of Community structural action referred to in Article 1 of Regulation (EC) No. Ø. Ø. /98; whereas, to that end, in view of the value it adds at Community level, the ERDF should continue to promote cross border, interÜ the regions regional cooperation, located on the external frontiers of the Union, the least favoured islands and the most remote regions, in view of their special features and difficulties; whereas, in the context of that cooperation, the harmonious, balanced and sustainable development of the whole of the Community territory adds value to work to promote economic and social cohesion; whereas the contribution of the ERDF to that development should be continued and increased; transnational and including in (8) Whereas the ERDF also contributes to support for in innovative measures and accordance with Articles 21 and 22 of Regulation (CE) No. Ø. Ø. Ø/98; technical assistance (9) Whereas it is appropriate to lay down the powers for the adoption of the implementing provisions and to set out transitional provisions; (10) Whereas it is necessary to repeal Council ReguÜ lation (EEC) No 4254/88 of 19 December 1988 laying down provisions for implementing ReguÜ lation (EEC) No 2052/88 as regards the European Regional Development FundØ(˛), as last amended by Regulation (EEC) No 2083/93Ø(ˇ), (˛) OJ L 374, 31. 12. 1988, p. 15. (ˇ) OJ L 193, 31. 7. 1993, p. 34. HAS ADOPTED THIS REGULATION: Article 1 Tasks shall contribute Under Article 130c of the Treaty and Regulation (EC) No. Ø. Ø. /. Ø. , the European Regional Development Fund (ERDF) financing of assistance as defined in Article 9(1) of that Regulation to promote economic and social cohesion by correcting the main regional imbalances and participating in the develÜ opment and conversion of regions. towards the that end, to To promoting sustainable development and the creation of permanent jobs. the ERDF shall also contribute Article 2 Scope 1. Ú As part of its tasks, as defined in Article 1, the ERDF shall contribute towards the financing of: (a) productive investment to create and safeguard permanent jobs; (b) investment in infrastructure: (i) which, in regions designated under objective 1, helps to increase the economic potential, develÜ opment, structural adjustment and creation or maintenance of permanent jobs in those regions, including investment contributing to the estabÜ lishment and development of transÜEuropean networks in the areas of transport, telecommuniÜ cations and energy infrastructures; (ii) which, in regions and areas designated under objectives 1 and 2 the Community initiative for cooperation as referred to in Article 19(1)(a) of the Regulation laying down general provisions on the Structural Funds, concerns the diversifiÜ cation of economic sites and areas suffering from the renewal of depressed industrial decline, urban areas, and to the revitalisation of and improved access rural areas and areas dependent on fisheries; areas whose modernÜ isation or regeneration is a prerequisite for the job creating creation including communications economic activities, infrastructure and other links on which the development of these activities is dependent; development or of to C 52/14 EN Official Journal of the European Communities 23. 2. 1999 (c) the development of endogenous potential by measures which encourage and support local develÜ opment and employment initiatives and the activities of small and medium sized enterprises, involving in particular: (i) assistance towards services for enterprises, in particular in the fields of management, market studies and research, and services common to several enterprises, (ii) financing the transfer of technology, including in particular the collection and dissemination of information and financing innovation in enterÜ prises, to (iii) improvement of access financial means and loans, by creating and developing appropriate financing instruments, as referred to in Article 27 of the General ReguÜ lation, enterprises for (iv) direct aid to investment as defined in Article 27(3) of the (general) Regulation where no aid scheme exists, (v) the provision of small scale infrastructure, (vi) aid for services measures financed by the ESF; structures providing neighbourhood jobs but excluding to create new (d) technical assistance measures as referred to in the second subparagraph of Article 2(4) of Regulation (EC) No. Ø. Ø. /. Ø. In the regions designated under objective 1, the ERDF may contribute towards the financing of investment in education and health that is beneficial to the regions’ structural adjustment. (c) the development of the information society; (d) the protection and improvement of the environment, in particular taking account of the principles of precaution and of preventive action in the support to economic development, and the fostering of clean, efficient utilisation of energy and the development of renewable energy sources; (e) equality between men and women, in the field of employment principally through the establishment of services firms, and enabling the reconciliation of family and working life; infrastructure and through (f) transnational, cross border and inter regional coopÜ eration on regional development. Article 3 Community Initiative 1. Ú Pursuant to Article 19 of Regulation ((EC) No. Ø. Ø. /98), the ERDF shall, in accordance with Article 20(2) of that Regulation, contribute to the implemenÜ tation of the Community initiative for cross border, transnational and inter regional cooperation intended to encourage the harmonious, balanced and sustainable development of the whole of the Community’s territory ("Interreg’). 2. Ú In accordance with Article 20(2) of Regulation ((EC) No. Ø. Ø. /98), the scope laid down in paragraph 1 of this Article may be extended by the decision on the Funds’ contribution to the financing of measures eligible under the (ESF, EAGGF, FIFG) Regulations with a view to implementing all the measures in the Community initiative programme concerned. 2. Ú In accordance with paragraph 1, the financial contribution of the ERDF shall support areas such as for example: Article 4 Innovative measures (a) the productive environment, in particular to increase competitiveness and sustainable investment by firms, especially the small and medium sized enterprises, and to make regions more attractive, particularly by improving the standard of their infrastructure; (b) research and technological development with a view to promoting the introduction of new technologies and innovation, and strengthening research and techÜ nological development capacities contributing to regional development; 1. Ú In accordance with Article 21(1) of Regulation ((EC) No. Ø. Ø. Ø/98), the ERDF may also contribute to financing: regional (a) studies on the Commission’s initiative to identify and analyse and solutions, particularly with a view to the harmonious, balanced and sustainable development of the whole of the European Spatial Development Perspective; the Community’s development including territory, problems 23. 2. 1999 EN Official Journal of the European Communities C 52/15 (b) pilot projects to identify or test new regional and local development solutions with a view to their inclusion in assistance after demonstration of their feasibility; (c) exchanges of experience relating to innovation with the aim of turning to account and transferring experience gained in the regional or local develÜ opment field. 2. Ú In accordance with Article 21(2) of Regulation ((EC) No. Ø. Ø. /98), the scope laid down in paragraph 1 of this Article may be extended by the decision on the Funds’ contribution to the financing of measures eligible under the (ESF, EAGGF, FIFG) Regulations with a view to implementing all the measures in the pilot project concerned. References to the repealed Regulation shall be construed as references to this Regulation. Article 7 Review clause On a proposal from the Commission, the Council shall review this Regulation by 31 December 2006. It shall act on this proposal in accordance with the procedure laid down in Article 130e of the Treaty. Article 8 Transitional provisions Article 5 Implementing rules The transitional provisions referred to in Article 52 of Regulation (EC) No. Ø. Ø. /. Ø. shall apply mutatis mutandis. The detailed implementing rules for this Regulation shall be adopted by the Commission in accordance with the procedure laid down in Article 47 of Regulation (EC) No. Ø. Ø. /. Ø. Article 9 Entry into force Article 6 Repeal This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities. Regulation (EEC) No 4254/88 is repealed with effect from 1 January 2000. This Regulation shall be binding directly applicable in all Member States. in its entirety and