COMMISSION REGULATION (EEC) No 1170/93 of 13 May 1993 laying down certain detailed rules for the application of Council Regulation (EEC) No 2158/92 on protection of the Community's forests against fire
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 2158/92 of 23 July 1992 on protection of the Community's forests against fire (1), and in particular Article 4 (4) thereof,
Whereas applications for aid submitted under the Community scheme for the protection of forests against fire, in respect of programmes or projects, should contain all the details needed for an examination of such programmes and projects in the light of the objectives and criteria of Regulation (EEC) No 2158/92;
Whereas this information should be presented in a standardized form to facilitate examination and comparison of applications;
Whereas the Member States are then to apply to the Commission for reimbursement of part of the expenditure approved; whereas detailed rules relating to reimbursement applications, and in particular the nature of the corresponding supporting documents, should be laid down;
Whereas the supporting documents are to be sent by the departments or agencies designated by the Member States; whereas in order to ensure effective monitoring of the implementation of the schemes in question it is necessary to define the role of the abovementioned departments or agencies, the nature of the supporting documents drawn up in accordance with the laws or regulations of the Member State concerned or with measures adopted by the abovementioned departments or agencies, and also the supervisory arrangements set up in each Member State;
Whereas the Commission must be informed that the schemes are being implemented in accordance with the conditions and within the time limits laid down in the decisions granting aid;
Whereas, for the payment of aid or part thereof, it is necessary to specify those documents which are to be forwarded by the departments or agencies to the Commission to enable it to establish whether all the conditions for payment are met; whereas the said documents must give full details and be presented in an identical form to facilitate rapid processing and equal treatment of payment applications;
Whereas, if the documents duly provided by the departments or agencies do not appear to the Commission to be adequate, or if they appear not to contain sufficient information for verification of compliance with a financial or other requirement imposed, the Commission should be able to request the authorities or agencies to submit additional supporting material or documents;
Whereas, in order to ensure that any on-the-spot inspections carried out are fully effective, provision should be made for cooperation between the Commission and the Member State concerned;
Whereas the procedure for suspending, reducing or terminating Community aid should not be initiated without prior consultation of the Member State concerned or without notification of the responsible agency enabling it to submit its observations;
Whereas since the Community aid is to be paid to the agency responsible for implementation of the scheme through the departments or agencies designated for that purpose by the Member State, the documents that those authorities or agencies are to transmit to the Commission should be specified;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Standing Forestry Committee,
HAS ADOPTED THIS REGULATION:
APPLICATION FOR AID
Article 1
1. Applications for aid from the Community for the implementation of programmes or projects within the meaning of Article 4 (1) of Regulation (EEC) No 2158/92 shall contain the information and documents specified in Annexes A and B to this Regulation.
2. Applications shall be submitted in triplicate and in the form set out in Annexes A and B.
3. Applications not meeting the requirements set out in paragraphs 1 and 2 hereof shall not be considered.
PAYMENT OF AID
Article 2
1. The departments or agencies designated by the Member States in accordance with Article 7 of Regulation (EEC) No 2158/92 shall send to the Commission, within two months of the entry into force of this Regulation, a schedule of the supporting documents that the beneficiary is required to supply. Any change to that schedule shall be notified to the Commission within two months of its being adopted.
'Supporting documents' shall mean any document drawn up in accordance either with the laws or regulations of the Member State concerned, or with measures adopted by the abovementioned departments or agencies, which afford evidence that the conditions attached to a project have been met.
The schedule shall give:
- the description of each document and the provisions or measures under which it is drawn up, and
- a brief description of the content of such documents.
2. The departments or agencies shall also send the Commission, within the periods specified in paragraph 1, a detailed description of the checks to be made before the certificate set out in Annex C 1 is drawn up.
3. The Commission may request the Member States to supplement the schedule with other supporting documents that it considers necessary for verification of the eligibility of the expenditure shown in payment applications. It may, to the same end, also request the Member States to tighten up their checking procedures.
Article 3
12 months after the date of notification of a decision granting aid, the departments or agencies shall transmit to the Commission a document describing the state of progress of the work.
Where, contrary to information given in the aid application and incorporated in the decision, work has not commenced at the end of the abovementioned 12-month period, the departments or agencies shall specify the reasons therefore, and shall, where appropriate, transmit to the Commission satisfactory guarantees from the agencies responsible for the work that it will commence in the near future. Should it not be possible to give such guarantees or should the Commission decide that those given are not satisfactory, the aid shall be suspended, reduced or withdrawn.
Article 4
The departments or agencies may transmit payment applications following completion of each annual instalment of work.
Such applications, to be submitted in duplicate, shall include the certificates and other information specified in Annexes C 1, C 2 and C 3.
Article 5
In order to enable an effective check to be made on the execution of the work, the departments or agencies shall transmit to the Commission, at the latter's request and within a time limit specified by it, all supporting documents or a certified copy thereof as specified in Article 2 or any other documents affording evidence that the conditions pertaining to the operation have been complied with.
Article 6
If the Commission considers it necessary to make an on-the-spot inspection, it shall notify the Member State concerned in advance and request its participation. Member States shall take whatever action is required to facilitate such inspection.
Article 7
Before initiating any procedure for suspending, reducing or terminating Community aid, the Commission shall:
- so inform the Member State on whose territory the operation was to be carried out, so that it may state its views on the matter,
- consult the department or agency designated to receive the corresponding payments, and
- call on the department or agency responsible for execution of the operation to explain, via the departments or agencies specified in Article 2, why the conditions imposed have not been complied with.
Article 8
This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 13 May 1993.