1999R2759 — EN — 24.11.2001 — 002.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COMMISSIONREGULATION(EC)No2759/1999
of22December 1999
laying down rules for the application of Council Regulation (EC) No 1268/1999 on Community
support for pre-accession measures for agriculture and rural development in the applicant
countriesofcentral andeasternEuropeinthepre-accessionperiod
(TextwithEEArelevance)
(OJ L 331, 23.12.1999, p. 51)
Amended by:
Official Journal
No page date
►M1Commission Regulation (EC) No 2356/2000 of 24 October 2000 L 272 13 25.10.2000
►M2Commission Regulation (EC) No 2251/2001 of 20 November 2001 L 304 6 21.11.2001
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COMMISSIONREGULATION(EC)No2759/1999
of22December 1999
layingdownrulesfortheapplicationofCouncilRegulation(EC)No
1268/1999 on Community support for pre-accession measures foragriculture and rural development in the applicant countries of
central andeasternEuropeinthepre-accessionperiod
(TextwithEEArelevance)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1268/1999 of 21 June
1999 on Community support for pre-accession measures for agricultureand rural development in the applicant countries of central and easternEurope in the pre-accession period(
1), and in particular Articles 9(2) and
12(1) (1) thereof,
Whereas:
(1)the Community pre-accession measures for agriculture and rural
development in the applicant countries of central and easternEurope (hereinafter referred to as ‘SAPARD’) as provided for in
Regulation (EC) No 1268/1999 shall relate in particular to
contributing to the implementation by the applicant countries oftheacquis communautaire concerning the common agricultural
policy and related policies, as well as solving priority and specificproblems for the adaptation of the agricultural sector and rural
areas in the applicant countries;
(2)the support granted pursuant to SAPARD should take into
account in particular its effect on the protection of theenvironment and on the sustainable development of theeconomies of the applicant country concerned and the principlesof social cohesion policies; Community support should notreplace funding available in each applicant country and shall
complement corresponding national actions or contribute to these;
(3)in this framework, as a general principle, support shall be granted
according to the rules in force for Community rural developmentsupport, and, in particular, according to the main objectives andinstruments laid down in Council Regulation (EC) No 1257/1999of 17 May 1999 on support for rural development from the
European Agricutural Guidance and Guarantee Fund (EAGGF)
and amending and repealing certain Regulations(
2) and Commis-
sion Regulation (EC) No 1750/1999(3) laying down detailed rules
for the application of the aforementioned Regulation;
(4)particular measures referred to in Article 2 of Regulation (EC) No1268/1999 are similar to measures referred to in Regulation (EC)No 1257/1999 and should therefore be implemented by the
applicant countries as far as possible in accordance with the
principles for implementing those measures in the Community;reference should be made to the conditions to be applied inrespect of those measures;
(5)in order to remedy the structural deficiencies affecting the supplyand marketing of agricultural products resulting from insufficient
producer organisation in the applicant countries, support is
necessary to encourage the setting up of producer groups; forthis purpose, support should be granted for the transitional pre-accession period according to the Community relevant principles,deviating from and complementing them where this is necessaryto address the particular situations in the applicant countries;1999R2759 — EN — 24.11.2001 — 002.001 — 2
(1) OJ L 161, 26.6.1999, p. 87.
(2) OJ L 160, 26.6.1999, p. 80.
(3) OJ L 214, 13.8.1999, p. 31.
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(6)other measures mentioned in Article 2 of Regulation (EC) No
1268/1999 may be eligible for Community support provided that
they form part of the programme approved by the Commission;
(7)the rules for eligibility of expenditure under SAPARD should takeinto account the period in which Regulation (EC) No 1268/1999applies, as well as the requirement of a minimum period in whichthe undertakings have to remain substantially unmodified in orderto attain their purpose; specific conditions of eligibility ofexpenditure should be agreed upon in the framework of bilateral
agreements between the Community and the different applicant
countries;
(8)the implementation of SAPARD should be carried out accordingto the management guidelines laid down in Council Regulation(EC) No 1260/1999 of 21 June 1999 laying down generalprovisions on the Structural Funds(
1); according to Article 5(2) of
Regulation (EC) No 1268/1999, the Commission and the
applicant country shall jointly agree on the procedures concerning
the monitoring of the implementation of the programme, it isnevertheless necessary to define the indicators used in thisprocedure; for this exercise the indicators set forth in Regulation(EC) No 1260/1999 should be taken into account;
(9)whereas assistance from the Community support for pre-accessionmeasures for agriculture and rural development in the applicant
countries of central and eastern Europe in the pre-accession
period together with assistance from the Community underCouncil Regulation (EC) No 1267/1999 of 21 June 1999establishing an Instrument for Structural Policies for Pre-accession(
2) should be coordinated within the framework of
Council Regulation (EC) No 1266/1999 of 21 June 1999 on
coordinating aid to the applicant countries in the framework of the
pre-accession strategy and amending Regulation (EEC) No 3906/89(
3);
(10)the measures provided for in this Regulation are in accordancewith the opinion of the Agricultural Structures and RuralDevelopment Committee,
HAS ADOPTED THIS REGULATION:
Article 1
Objective
This Regulation lays down rules for the application of Regulation (EC)
No 1268/1999 on Community support for pre-accession measures foragriculture and rural development in the applicant countries of centraland eastern Europe in the pre-accession period.
Article 2
Investmentsinagricultural holdings
1. Support may be granted for agricultural investments according to
the conditions foreseen in Title II, Chapter I of Regulation (EC) No
1257/1999 with the exception of Article 7 of that chapter.
2. Support for investment shall be granted to agricultural holdings:
— which comply with the national minimum standards regarding the
environment, hygiene and animal welfare at the time when thedecision to grant support is taken, and
— for which economic viability at the end of the realisation of the
investment shall be demonstrated.1999R2759 — EN — 24.11.2001 — 002.001 — 3
(1) OJ L 161, 26.6.1999, p. 1.
(2) OJ L 161, 26.6.1999, p. 73.
(3) OJ L 161, 26.6.1999, p. 68.
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However, where acquis-related minimum standards regarding the
environment, hygiene and animal welfare have been newly introducedat the time the application is received, the decision to grant support will
be conditional on the holding meeting these new standards by the end of
the realisation of the investment.
3. Each applicant country shall set limits for total investment eligible
for support as well as acceptable standards regarding farmers'occupational skill and competence in order to be eligible for support.
Article 3
Improvingtheprocessingandmarketingofagriculturalandfishery
products
1. Support may be granted for investments provided for in Articles 25
and 26 of Regulation (EC) No 1257/1999 relating to improving theprocessing and marketing of the agricultural including fishery productsincluded in Annex I to the Treaty. Agricultural products, excluding
fishery products, must originate in applicant countries or the Commu-
nity. Investments at the retail level shall be excluded from support.
2. Eligible expenditure may include:
(a) the construction and acquisition of immovable property, with the
exception of land purchase;
(b) new machinery and equipment including computer software;
however on a case-by-case basis the Commission may agree on
eligibility of second-hand equipment subject to specific safeguards
in particular concerning provenance and technical specification;
(c) general costs, such as architects', engineers' and Consultants' fees,
feasibility studies, acquisition of patents and licences, in addition toexpenditure as referred to in (a) and (b) and up to a ceiling of 12 %of that expenditure.
Article 4
Agri-environment
Support may be granted for actions foreseen in Title II, Chapter VI of
Regulation (EC) No 1257/1999, and taking account of the conditions
included therein, provided that they concern actions at the pilot level.
Such actions shall have the objective of developing practical experience
of agri-environment implementation at both the administrative and farm
levels.
Article 5
Training
1. Support may be granted for actions foreseen in Title II, Chapter III
of Regulation (EC) No 1257/1999, subject to the conditions set forththerein.
2. Support for vocational training shall not include courses of
instruction or training which form part of normal programmes orsystems of agricultural and forestry education at secondary or higherlevels.
Article 6
Producer groups
1. Support may be granted to encourage the setting-up, and to
facilitate the administrative operation, of producer groups, during thefirst five years following the date of their recognition.1999R2759 — EN — 24.11.2001 — 002.001 — 4
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2. This Article shall apply to producer groups set up for the purpose
of jointly adapting the production and output of the producers who aremembers of such groups to market requirements, and, of jointly placing
goods on the market, including centralisation of sale, preparation for
sale, and supply to bulk buyers, and, of establishing common rules onproduction information, with particular regard to harvesting andavailability, and which have been formally recognised by an applicantcountry.
3. Support granted to producer groups recognised after 1 January
2000 for the first five years following the date on which they are
recognised, shall be granted towards the costs of setting up and runningthe producer organisation, at a flat rate.
4. The aid referred to in paragraph 3 shall be determined for each
producer organisation on the basis of its annual marketed production and
shall not exceed:
(a) amount for the first, second, third, fourth and fifth years to 5 %, 5 %,
4 %, 3 % and 2 % respectively of the value marketed production upto EUR 1 000 000, and
(b) amount for the first, second, third, fourth and fifth years, to 2,5 %,
2,5 %, 2,0 %, 1,5 % and 1,5 % respectively of the values ofmarketed production exceeding EUR 1 000 000,
(c) be subject to a ceiling for each producer organisation of:
— EUR 100 000 for the first year,
— EUR 100 000 for the second year,— EUR 80 000 for the third year,— EUR 60 000 for the fourth year,— EUR 50 000 for the fifth year,
and shall be paid in annual instalments.
Article 7
Forestry
1. Support may be granted for actions foreseen in Articles 29 and 30
with the exception of the sixth indent of Article 30(1) Regulation (EC)No 1257/1999 and subject to the conditions set forth therein.
2. Support shall be granted for the afforestation of agricultural land
provided that such planting is adapted to local conditons and is
compatible with the environment.
Support may in addition to planting costs include an annual premium per
hectare afforested to cover maintenance costs for a period of up to fiveyears.
3. Support for the afforestation of agricultural land undertaken by
public authorities shall cover only the costs of establishment.
4. Support for the afforestation of agricultural land shall not be
granted in respect of the planting of Christmas trees.
5. In the case of fast-growing species cultivated in the short term,
support for afforestation shall be granted for planting costs only.
Article 8
Eligibility andaidintensity
1. Expenditure in respect of actions under measures described in
Articles 2 to 7 of this Regulation and of any other measure mentioned inArticle 2 of Regulation (EC) No 1268/1999 shall be eligible forCommunity support only if those actions form part of the programme foragriculture and rural development approved in accordance with Article4(5) of Regulation (EC) No 1268/1999.1999R2759 — EN — 24.11.2001 — 002.001 — 5
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2. Only expenditure paid by the Agency from the date of the
Commission decision conferring financial management on that Agency,or the date(s) specified therein, shall be eligible for Community support.
For aproject to be eligible for Community support, a ll services, works,
machinery and supplies shall originate in the Community or in theapplicant countries; if so requested, the final beneficiary shall be able toestablish the origin of the inputs into works or service contracts, usingany admissible means of evidence.
The final date for the eligibility of commitment shall be the end of the
financial year 2006 or the date of accession of the relevant applicant
country, whichever is the earlier.
3. Any operation shall remain eligible only if it does not within five
years from the date of the authorisation of the payment by the applicant
country's paying agency undergo a substantial modification:
(a) affecting its nature or its implementation conditions or giving to a
firm or public body an undue advantage; and
(b) resulting either from a change in the nature of ownership in an item
of infrastructure or a cessation or change in location in a productiveactivity.
4. For the application of Article 8(2) of Regulation (EC) No 1268/
1999:
(a) ‘revenue generating investments’ include all investments, except
those in infrastructure which do not generate substantial net revenue;
(b) ‘public aid’ means all such aid whether or not granted under the
programme.
Article 9
Managingauthority
The Commission shall ensure that each applicant country sets up and
operates, to the best standards, a managing authority which isresponsible for the efficient and correct management of the programme.
Article 10
Monitoringindicators
The specific physical, environmental and financial indicators applied in
the monitoring of the implementation of the programme shall take into
account the elements mentioned in Article 36 of Regulation (EC) No
1260/1999.
Article 11
Annualandfinalreports
The annual reports mentioned in Article 5(2) of Regulation (EC) No
1268/1999 shall, in addition to the elements mentioned in Article 37 ofRegulation (EC) No 1260/1999 applicable as appropriate, contain the
physical indicators per measure.
Article 12
Evaluations
The appraisals and evaluation referred to in Article 5 of Regulation (EC)
No 1268/1999 shall be carried out taking account of the procedures forevaluation provided in Title IV, Chapter III of Regulation (EC) No1260/1999 and Chapter III, Section 5 of Regulation (EC) No 1750/1999.1999R2759 — EN — 24.11.2001 — 002.001 — 6
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Article 13
Finalprovisions
The detailed conditions for support and eligibility of expenditure on the
basis of this Regulation, taking into account the Commission guidelines
set for the Member States, will be laid down in bilateral agreements
concluded between the Commission, on behalf of the EuropeanCommunity, and each applicant country.
This Regulation shall enter into force on the seventh day following that
of its publication in the Official Journal of the European Communities .
It shall apply in relation to Community support as from 1 January 2000.
This Regulation shall be binding in its entirety and directly applicable in
all Member States.1999R2759 — EN — 24.11.2001 — 002.001 — 7