2001/380/EC: Commission Decision of 14 May 2001 conferring management of aid on implementing agencies for pre-accession measures in agriculture and rural development in the Republic of Bulgaria in the pre-accession period (notified under document number C(2001) 1428)
Date: 2001-05-14
Institutions: European Commission
Subjects: Bulgaria, EU aid, EU programme, accession to the European Union, aid to agriculture, rural development

17.5.2001

EN

Official Journal of the European Communities

L 134/65

COMMISSION

COMMISSION DECISION

of 14 May 2001

conferring management of aid on implementing agencies for pre-accession measures in agriculture
and rural development in the Republic of Bulgaria in the pre-accession period

(notified under document number C(2001) 1428)

(2001/380/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

financial
programme/project management
control procedures and structures
regarding public
finance. Regulation (EC) No 2222/2000 provides for
detailed rules for the carrying out of said analysis.

capacity,

Having regard to 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 Regula-
tion (EEC) No 3906/89 (1), and in particular Article 12(2)
thereof,

(4)

Having regard to Commission Regulation (EC) No 2222/2000
of 7 June 2000 laying down financial 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 (2), and in particular Article
3(2) thereof,

Whereas:

(1)

(2)

(3)

In accordance with Article 4(5) of 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 the pre-accession period (3), a
Programme for Agriculture and Rural Development was
approved by Commission Decision C(2000)3058 final
on 20 October 2000 for the Republic of Bulgaria.

(5)

The Government of the Republic of Bulgaria and the
Commission,
the Euroepan
acting on behalf of
Community, have signed on 18 December 2000 the
Multiannual Financing Agreement laying down the tech-
nical, legal and administrative framework for the execu-
tion of the Sapard Programme.

Regulation (EC) No 1266/1999 provides that the ex-ante
approval requirement referred to in Article 12(1) of
Regulation (EC) No 1266/1999 may be waived on the
basis of a case-by-case analysis of national and sectorial

(1) OJ L 161, 26.6.1999, p. 68.
(2) OJ L 253, 7.10.2000, p. 5.
(3) OJ L 161, 26.6.1999, p. 87.

‘Improving

the processing

The Competent authority of the Republic of Bulgaria has
appointed, on the one hand, the State Agriculture Fund
for the implementation of measures ‘Investments in agri-
cultural holdings’,
and
marketing of agricultural and fishery products’ and
‘Development and diversification of economic activities,
provision for multiple activities and alternative income’
as defined in the Programme for Agriculture and Rural
Development
by Decision
C(2000)3058 final for the Republic of Bulgaria and, on
the other, the Ministry of Finance, Directorate National
Fund, for the financial functions it is due to perform in
the framework of the implementation of the Sapard
programme.

that was

approved

Pursuant to Regulation (EC) No 1266/1999 and Regula-
tion (EC) No 2222/2000, the Commission has analysed
the national and sectorial programme/project manage-
ment capacity, financial control procedures and struc-
tures regarding public finance and has established that,
for the implementation of the aforementioned measures,
the Republic of Bulgaria complies with the provisions of
Articles 4 to 6 and of the Annex to Regulation (EC) No
2222/2000, with the minimum conditions set out in the
Annex to Regulation (EC) No 1266/1999. In particular,
the State Agriculture
implemented the
following key accreditation criteria satisfactorily: written
procedures, segregation of duties, pre-project and pre-
payment checks, commitment and payment procedures,
accounting procedures, computer systems security and
the Ministry of Finance, Directorate
internal audit;
National Fund has
implemented the following key
accreditation criteria satisfactorily: audit trail, treasury
management, receipt of funds, disbursement to the State
Agriculture Fund, computer security and internal audit.

Fund has

L 134/66

EN

Official Journal of the European Communities

17.5.2001

(6)

(7)

It is therefore appropriate to waive the ex-ante approval
requirement referred to in Article 12(1) of Regulation
(EC) No 1266/1999 and to confer on the State Agricul-
ture Fund and on the Ministry of Finance, Directorate
National Fund in the Republic of Bulgaria the manage-
ment of aid on a decentralised basis.

However, since the verifications carried out by the
Commission are based on an operational but not oper-
ating system and that it is therefore appropiate to confer
the management of the Sapard Programme on the State
Agriculture Fund and on the Ministry of Finance, Direc-
torate National Fund on a provisional basis so that full
conferral of management of the Sapard Programme is
only envisaged after further verifications in order to
ensure that the system operates satisfactorily have been
carried out and after any recommendations the Commis-
sion may issue, with regard the conferral of management
of aid on the State Agriculture Fund and on the Ministry
of Finance, Directorate National Fund, have been
implemented,

Article 2

Management of the Sapard Programme is conferred on a provi-
sional basis to the State Agriculture Fund, 55 Hristo Botev
Boulevard, 1040 Sofia, Bulgaria for the implementation of the
measures ‘Investments in agricultural holding’, ‘Improving the
processing and marketing of agricultural and fishery products’
and ‘Development of and diversification of economic activities,
provision for multiple activities and alternative income’, as
defined in the Programme for Agriculture and Rural Develop-
ment that was approved by Decision C(2000)3058 final and to
the Ministry of Finance, Directorate National Fund, 102
Radkovski Street, 1040 Sofia, Bulgaria, for the financial func-
tions it is due to perform in the framework of the implementa-
tion of the Sapard programme for the Republic of Bulgaria.
Upon a request of the Competent authority, the Commission
may decide to extend the conferral of management to other
measures identified in the Programme for Agriculture and
Rural Development, once it establishes that there is compliance
with the relevant conditions.

HAS DECIDED AS FOLLOWS:

Done at Brussels, 14 May 2001.

Article 1

The requirement of ex-ante approval by the Commission of
project selection and contracting by the Republic of Bulgaria is
hereby waived.

For the Commission

Franz FISCHLER

Member of the Commission