2001/820/EC: Commission Decision of 19 November 2001 conferring management of aid on implementing agencies for pre-accession measures in agriculture and rural development in the Republic of Slovenia in the pre-accession period
Date: 2001-11-19
Institutions: European Commission
Subjects: EU aid, EU programme, Slovenia, accession to the European Union, aid to agriculture, rural development

24.11.2001

EN

Official Journal of the European Communities

L 307/25

COMMISSION DECISION

of 19 November 2001

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

(2001/820/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Having regard to the 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 (1), and in particular Article
12(2) thereof,

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) 3138-final
on 27 October 2000 for the Republic of Slovenia.

The government of the Republic of Slovenia and the
Commission,
the European
acting on behalf of
Community, has signed on 5 March 2001 the Multi-
annual Financing Agreement laying down the technical,
legal and administrative framework for the execution 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
programme/project management
financial
regarding public
control procedures and structures
finance; Regulation (EC) No 2222/2000 provides for
detailed rules for the carrying out of said analysis.

capacity,

‘Investment

in
‘Investments in agricultural holdings’;
food processing industry’;
‘Economic diversification of
farms’ and ‘Development and improvement of rural
infrastructure’ as defined in the Programme for Agricul-
that was approved by
ture and Rural Development
Commission Decision C(2000) 3138-final on 27
October 2000 for the Republic of Slovenia; whereas the
Ministry of Finance, National Fund has been appointed
for the financial functions it is due to perform in the
the Sapard
framework of
programme.

implementation of

the

(5)

(6)

(7)

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 Slovenia complies with the provisions of
Articles 4 to 6 and of the Annex to the Regulation (EC)
No 2222/2000, with the minimum conditions set out in
the Annex to the Regulation (EC) No 1266/1999.

In particular, the Agency for Agricultural Markets and
Rural Development has implemented the following key
accreditation criteria satisfactorily: written procedures,
segregation of duties, pre-project approval and pre-
accounting
checks, payment procedures,
payment
procedures, computer security, internal audit, and, where
appropriate, public procurement provisions.

The Ministry of Finance, National Fund has implemented
the following criteria satisfactorily for the financial func-
tions it is due to perform in the framework of the
implementation of
the
Republic of Slovenia: audit trail, treasury management,
receipt of funds, disbursement to the Agency for Agri-
cultural Markets and Rural Development, computer
security and internal audit.

the Sapard programme for

(4)

The Competent authority of the Republic of Slovenia
has appointed the Agency for Agricultural Markets and
Rural Development for the implementation of measures

(8)

(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.

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 Agency for
Agricultural Markets and Rural Development and on the
Ministry of Finance, National Fund in the Republic of
Slovenia the management of aid on a decentralised basis.

L 307/26

EN

Official Journal of the European Communities

24.11.2001

(9)

(10)

However, since the verifications carried out by the
Commission are based on an operational but not oper-
ating system it is therefore appropriate to confer the
management of the Sapard Programme on the Agency
for Agricultural Markets and Rural Development and on
the Ministry of Finance, National Fund on a provisional
basis.

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 to the conferral of manage-
ment of aid on the Agency for Agricultural Markets and
Rural Development and on the Ministry of Finance,
National Fund, have been implemented.

(11) On 14 November 2001 the Slovenian authorities
provided the lists of eligible costs to be included in the
standard draft contracts per measure in conformity with
the Multiannual Financial
Article 4(1), Section B of
Agreement; the Commission did not raise objections to
these lists,

Article 2

Management of the Sapard Programme is conferred on a provi-
sional basis to:

1. the Agency for Agricultural Markets and Rural Develop-
ment, Dunajska Str. 56-58, 1000 Ljubljana, Republic of
Slovenia, for the implementation of measures ‘Investments
in agricultural holdings’;
in food processing
industry’; ‘Economic diversification of farms’ and ‘Develop-
ment and improvement of rural infrastructure’ as defined in
the Programme for Agricultural and Rural Development
that was approved by Commission Decision C(2000) 3138-
final on 27 October 2000,

‘Investment

and

2. the Ministry of Finance, National Fund, Beethovnova Str. 11,
1502 Ljubljana, Republic of Slovenia, for the financial func-
tions it is due to perform in the framework of the imple-
mentation of the Sapard programme for the Republic of
Slovenia.

HAS DECIDED AS FOLLOWS:

Done at Brussels, 19 November 2001.

Article 1

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

For the Commission

Franz FISCHLER

Member of the Commission