This document is meant purely as documentation tool and the institutions do not assume any liability for its contents
"B COMMISSION REGULATION (EC) No 2759/1999
of 22 December 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 countries of central and eastern
Europe in the pre-accession period
(Text with EEA relevance)
(OJ L 331, 23.12.1999, p. 51)
Amended by:
Official Journal
No page date
"M1 Commission Regulation (EC) No 2356/2000 of 24 October 2000 L 272 13 25.10.20001999R2759 — EN — 28.10.2000 — 001.001 — 1
COMMISSION REGULATION (EC) No 2759/1999
of 22 December 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 countries of central
and eastern Europe in the pre-accession period
(Text with EEA relevance)
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 agriculture and rural
development in the applicant countries of central and eastern Europe in thepre-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 eastern Europe
(hereinafter referred to as ‘SAPARD’) as provided for in Regulation
(EC) No 1268/1999 shall relate in particular to contributing to theimplementation by the applicant countries of the acquis communau-
taire concerning the common agricultural policy and related policies,
as well as solving priority and specific problems for the adaptation of
the agricultural sector and rural areas in the applicant countries;
(2) the support granted pursuant to SAP ARD should take into account in
particular its effect on the protection of the environment and on thesustainable development of the economies of the applicant country
concerned and the principles of social cohesion policies; Community
support should not replace funding available in each applicant countryand 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 development
support, and, in particular, according to the main objectives andinstruments laid down in Council Regulation (EC) No 1257/1999 of 17
May 1999 on support for rural development from the European
Agricutural Guidance and Guarantee Fund (EAGGF) and amendingand repealing certain Regulations (
2) and Commission 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) No
1268/1999 are similar to measures referred to in Regulation (EC) No1257/1999 and should therefore be implemented by the applicantcountries 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 in respect of those measures;
(5) in order to remedy the structural deficiencies affecting the supply and
marketing of agricultural products resulting from insufficient producerorganisation in the applicant countries, support is necessary to
encourage the setting up of producer groups; for this purpose, support
should be granted for the transitional pre-accession period according tothe Community relevant principles, deviating from and complementing
them where this is necessary to address the particular situations in the
applicant countries;
(6) other measures mentioned in Article 2 of Regulation (EC) No
1268/1999 may be eligible for Community support provided that theyform part of the programme approved by the Commission;
(7) the rules for eligibility of expenditure under SAP ARD should take into
account the period in which Regulation (EC) No 1268/1999 applies, as
well as the requirement of a minimum period in which the!B
(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. 31.1999R2759 — EN — 28.10.2000 — 001.001 — 2
undertakings have to remain substantially unmodified in order to attain
their purpose; specific conditions of eligibility of expenditure shouldbe agreed upon in the framework of bilateral agreements between theCommunity and the different applicant countries;
(8) the implementation of SAP ARD should be carried out according to the
management guidelines laid down in Council Regulation (EC) No1260/1999 of 21 June 1999 laying down general provisions on the
Structural Funds (
1); according to Article 5(2) of Regulation (EC) No
1268/1999, the Commission and the applicant country shall jointlyagree on the procedures concerning the monitoring of the implemen-tation of the programme, it is nevertheless necessary to define the
indicators used in this procedure; 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-accession
measures for agriculture and rural development in the applicant
countries of central and eastern Europe in the pre-accession periodtogether with assistance from the Community under CouncilRegulation (EC) No 1267/1999 of 21 June 1999 establishing an
Instrument for Structural Policies for Pre-accession (
2) should be
coordinated within the framework of Council Regulation (EC) No1266/1999 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 accordance with the
opinion of the Agricultural Structures and Rural Development
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 for agricultureand rural development in the applicant countries of central and eastern Europein the pre-accession period.
Article 2
Investments in agricultural holdings
1. Support may be granted for agricultural investments according to the
conditions foreseen in Title II, Chapter I of Regulation (EC) No 1257/1999with 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 the decision to
grant support is taken, and
— for which economic viability at the end of the realisation of the
investment shall be demonstrated.
However, where acquis-related minimum standards regarding the environ-
ment, hygiene and animal welfare have been newly introduced at the time theapplication 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.!B
(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. 68.1999R2759 — EN — 28.10.2000 — 001.001 — 3
Article 3
Improving the processing and marketing of agricultural and fishery
products
1. Support may be granted for investments provided for in Articles 25 and
26 of Regulation (EC) No 1257/1999 relating to improving the processing and
marketing of the agricultural including fishery products included in Annex Ito the Treaty. Agricultural products, excluding fishery products, mustoriginate in applicant countries or the Community. 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 particularconcerning 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 forth therein.
2. Support for vocational training shall not include courses of instruction or
training which form part of normal programmes or systems of agricultural andforestry education at secondary or higher levels.
Article 6
Producer groups
1. Support may be granted to encourage the setting-up, and to facilitate the
administrative operation, of producer groups, during the first five yearsfollowing the date of their recognition.
2. This Article shall apply to producer groups set up for the purpose of
jointly adapting the production and output of the producers who are membersof such groups to market requirements, and, of jointly placing goods on themarket, including centralisation of sale, preparation for sale, and supply to
bulk buyers, and, of establishing common rules on production information,
with particular regard to harvesting and availability, and which have beenformally recognised by an applicant country.
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 running the producer organisation,
at a flat rate.!B
!M1
!B
!M1
!B1999R2759 — EN — 28.10.2000 — 001.001 — 4
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:
(a) amount for the first, second, third, fourth and fifth years to 5 %, 5 %, 4 %,
3 % and 2 % respectively of the value marketed production up to
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 of marketed productionexceeding 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) No1257/1999 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 five years.
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 and aid intensity
1. Expenditure in respect of actions under measures described in Articles 2
to 7 of this Regulation and of any other measure mentioned in Article 2 of
Regulation (EC) No 1268/1999 shall be eligible for Community support only
if those actions form part of the programme for agriculture and ruraldevelopment approved in accordance with Article 4(5) of Regulation (EC) No
1268/1999.
2. Expenditure shall be eligible for Community support only if it has
actually been paid by the applicant country to the individual beneficiary of arural development support measure after 31 December 1999, and after the
date on which the rural development plant, or any amendment to this plan
relevant for the measure concerned has been submitted or communicated tothe Commission. The later of these dates shall constitute the starting point foreligibility of expenditure.
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
!M1
!B1999R2759 — EN — 28.10.2000 — 001.001 — 5
(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 productive activity.
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
Managing authority
The Commission shall ensure that each applicant country sets up and
operates, to the best standards, a managing authority which is responsible for
the efficient and correct management of the programme.
Article 10
Monitoring indicators
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
Annual and final reports
The annual reports mentioned in Article 5(2) of Regulation (EC) No
1268/1999 shall, in addition to the elements mentioned in Article 37 of
Regulation (EC) No 1260/1999 applicable as appropriate, contain the physicalindicators 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 for evaluationprovided in Title IV , Chapter III of Regulation (EC) No 1260/1999 andChapter III, Section 5 of Regulation (EC) No 1750/1999.
Article 13
Final provisions
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 European Community, and each applicantcountry.
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.!B
!M1
!B1999R2759 — EN — 28.10.2000 — 001.001 — 6