2001/857/EC: Commission Decision of 26 November 2001 conferring management of aid on implementing agencies for pre-accession measures in agriculture and rural development in the Republic of Lithuania in the pre-accession period
Date: 2001-11-26
Institutions: European Commission
Subjects: accession to the European Union, aid to agriculture, littoral, management, rural development

L 320/44

EN

Official Journal of the European Communities

5.12.2001

COMMISSION DECISION

of 26 November 2001

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

(2001/857/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 (2) of 7 June 2000 laying down financial rules for the
application of Council Regulation (EC) No 1268/1999 (3) 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, 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, a
programme for agriculture and rural development was
approved by Commission Decision C(2000) 3329 final
on 27 November 2000 for the Republic of Lithuania.

The Government of the Republic of Lithuania and the
Commission,
the European
acting on behalf of
Community, signed on 5 March 2001 the Multiannual
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
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 the said analysis.
The competent authority of the Republic of Lithuania
has appointed the National Paying Agency under the
Ministry of Agriculture for the implementation of meas-

capacity,

(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.

‘Investments in agricultural holdings’,

ures:
‘Improving
the processing and marketing of agricultural and fish-
eries products’,
‘Development and diversification of
economic activities providing for multiple activities and
alternative income’, ‘Improvement of rural infrastructure’
and ‘Vocational Training’, as defined in the programme
for agriculture and rural development that was approved
by Commission Decision C(2000) 3329 final on 27
November 2000 for the Republic of Lithuania. The
National Fund Department within the Ministry of
Finance has been appointed for the financial functions it
is due to perform in the framework of the implementa-
tion of the Sapard programme.

(4)

(5)

(6)

(7)

On 16 November 2001 the Lithuanian authorities
provided the revised list of eligible expenditure in
conformity with Article 4(1), Section B of the Multi-
annual Financing Agreement. The Commission did not
raise objectives to this list.

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

In particular,
the National Paying Agency under the
Ministry of Agriculture has implemented the following
key accreditation criteria satisfactorily: written proced-
ures, segregation of duties, pre-project approval and
prepayment checks, payment procedures, accounting
procedures, computer security, internal audit, and, where
appropriate, public procurement provisions.

The National Fund Department within the Ministry of
Finance has implemented the following criteria satisfac-
torily for the financial functions it is due to perform in
the framework of the implementation of the Sapard
programme for the Republic of Lithuania: audit trail,
treasury management, receipt of funds, disbursement to
the National Paying Agency, computer security and
internal audit.

5.12.2001

EN

Official Journal of the European Communities

L 320/45

(8)

(9)

(10)

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 National
Paying Agency under the Ministry of Agriculture and on
the National Fund Department within the Ministry of
Finance in the Republic of Lithuania the management 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 it is therefore appropriate to confer the
management of the Sapard programme on the National
Paying Agency under the Ministry of Agriculture and on
the National Fund Department within the Ministry of
Finance 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 National Paying Agency under the
Ministry of Agriculture and on the National Fund
Department within the Ministry of Finance have been
implemented,

Article 2

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

1. the National Paying Agency (Nacionalné mokéjimo agen-
tura) under the Ministry of Agriculture, Gedimino pr. 19,
LT-2025 Vilnius, Republic of Lithuania, for the implementa-
tion of measures:
‘Investments in agricultural holdings’,
‘Improving the processing and marketing of agricultural and
‘Development and diversification of
fisheries products’,
economic activities providing for multiple activities and
alternative income’,
infrastructure’
and ‘Vocational training’ as defined in the programme for
agricultural and rural development that was approved by
Commission Decision C(2000)3329 final on 27 November
2000; and

‘Improvement of rural

2. the National Fund under the Ministry of Finance, J. Tumo-
Vaižganto 8A/2, LT-2600 Vilnius, Republic of Lithuania, for
the financial functions it is due to perform in the framework
of the implementation of the Sapard programme for the
Republic of Lithuania.

HAS DECIDED AS FOLLOWS:

Done at Brussels, 26 November 2001.

Article 1

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

For the Commission

Franz FISCHLER

Member of the Commission