2001/894/EC: Commission Decision of 13 December 2001 on the Community's financial contribution to a programme for the control of organisms harmful to plants and plant products in the French overseas departments for 2001 (notified under document number C(2001) 4267)
Date: 2001-12-13
Institutions: European Commission
Subjects: EU financing, EU programme, French overseas department and region, parasitology, plant disease, plant health treatment

15.12.2001

EN

Official Journal of the European Communities

L 331/83

COMMISSION DECISION

of 13 December 2001

on the Community's financial contribution to a programme for the control of organisms harmful to
plants and plant products in the French overseas departments for 2001

(notified under document number C(2001) 4267)

(Only the French text is authentic)

(2001/894/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Having regard to Council Regulation (EC) No 1452/2001 of 28
June 2001 introducing specific measures for certain agricultural
products for the French overseas departments (1), amending
Directive 72/462/EEC and repealing Regulations (EEC) No 525/
77 and (EEC) No 3763/91 (Poseidom), and in particular Article
20(3),

Having regard to the programmes submitted by France for the
control of organisms harmful to plant or plant products in the
French overseas departments,

Whereas:

(1)

(2)

(3)

(4)

Commission Decision 93/522/EEC of 30 September
1993 on the definition of
the measures eligible for
Community financing in the programmes for the control
of organisms harmful to plants or plant products in the
in the Azores and in
French overseas departments,
Madeira (2),
amended by the Commission
as
Decision 96/633/EC (3) defines the measures eligible for
Community financing under programmes
the
control of organisms harmful to plants and plant prod-
ucts in the French overseas departments, the Azores and
Madeira.

last

for

Specific growing conditions in the French overseas
departments call for particular attention; whereas meas-
ures concerning crop production,
in particular plant
health measures, must be adopted or strengthened in
those regions.

The plant health measures to be adopted or strength-
ened are particularly costly.

A programme of measures has been presented to the
Commission by the
competent French authorities;
whereas this programme specifies the objectives to be
achieved, the operations to be carried out, their duration
and their cost with a view to a possible Community
financial contribution.

(5)

(6)

(7)

(8)

(9)

The Community's financial contribution may cover up
to 60 % of eligible expenditure, protective measures for
bananas being excluded.

The plant protection operations in the French overseas
departments provided for
in the Single Programme
Documents for the period 2000/2006 in application of
Council Regulation (EC) No 1257/1999 (4) and 1260/
1999 (5) cannot be the same as those contained in this
programme.

provided

operations

The
European
Community Framework Programme for Research and
Technological Development cannot be the same as those
contained in this programme.

the

for

in

The technical
information provided by France has
enabled the Standing Committee on Plant Health to
analyse the situation accurately and comprehensively.

The measures provided for in this Decision are in
accordance with the opinion of the Standing Committee
on Plant Health,

HAS ADOPTED THIS DECISION:

Article 1

A Community financial contribution to the official programme
to plants and plant
for the control of organisms harmful
products in the French overseas departments presented by
France for 2001 is hereby approved.

Article 2

The official programme shall consist of three sub-programmes:

1. a sub-programme drawn up for the department of Guade-

loupe in three parts:

— Phytosanitary center of Guadeloupe that undertakes

trials, studies and experimentation;

— Fight against major crop harmful organisms;

— Surveillance plan for pesticide residues in fruit and

vegetables;

(1) OJ L 198, 21.7.2001, p. 11.
(2) OJ L 251, 8.10.1993, p. 35.
(3) OJ L 283, 5.11.1996, p. 58.

(4) OJ L 160, 26.6.1999, p. 80.
(5) OJ L 161, 26.6.1999, p. 1.

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2. a sub-programme drawn up for the department of Guyana

in two parts:
— diagnostics of plant health risks and good agricultural

practices;

— biological control and environment;

3. a sub-programme drawn up for the department of Marti-

nique in three parts:
— plant health evaluation and diagnostics;
— monitoring of phytosanitary status,

in particular for

Anthurium;

— development of integrated pest control.

Article 3

The Community's financial contribution to the programme in
2001 presented by France shall be 60 % of expenditure related
to eligible measures as defined by Commission Decision 93/
522/EEC, with a maximum of EUR 200 000 (VAT excluded).

The schedule of programme costs and their financing is set out
as Annex I to this Decision.

between 1 October and 31 December 2001. The final date for
payments in connection with the operations shall be 30
September 2002; unjustified delay shall entail loss of entitle-
ment to Community financing.

Should any extension of the deadline for payment become
necessary, the competent official authorities shall submit a
request along with the necessary justification, before the final
date laid down.

Article 6

Provisions on the financing of the programme, compliance
with Community policies and the information to be supplied
to the Commission by France shall be as set out in Annex II.

Article 7

Any public contracts connected with investments covered by
this Decision shall be subject to Community law.

Article 8

Article 4

This Decision is addressed to the French Republic.

An advance of EUR 100 000 shall be paid to France.

Article 5

Done at Brussels, 13 December 2001.

The Community assistance shall relate to expenditure on
eligible measures associated with the operations covered by the
programme for which provisions are adopted by France and
for which the necessary financial resources are committed

For the Commission

David BYRNE

Member of the Commission

ANNEX I

FINANCIAL TABLE FOR 2001

Eligible expenditures 2001

(in EUR)

EC

68 400

53 351

78 249

National

45 600

35 568

52 165

Total

200 000

133 333

Total

114 000

88 919

130 414

333 333

Guadeloupe

Guyana

Martinique

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ANNEX II

I. PROVISIONS ON THE IMPLEMENTATION OF THE PROGRAMME

A. PROVISIONS ON FINANCIAL IMPLEMENTATION

1. The Commission's intention is to establish real cooperation with the authorities responsible for the implementa-

tion of the programme. In line with the programme these authorities are those indicated below.

Commitment and payments

2. France shall guarantee that, all public and private bodies involved in the management and implementation of all
operations part-financed by the Community shall keep suitable accounting records of all transactions in order to
facilitate the verification of expenditure by the Community and the national

inspection authorities.

3. The initial budgetary commitment shall be based on an indicative financial plan; this commitment shall be made

for one year.

4. The commitment will be made when the decision approving assistance is adopted by the Commission under the

procedure provided for in Article 18 of Council Directive 2000/29/EC (1).

5. Following commitment, an initial advance of EUR 100 000 shall be paid.

6. The balance of the amount committed of EUR 100 000 is paid upon the presentation to the Commission of the
final report of activity and the detailed total expenditure incurred and after it has been approved by the
Commission.

Authorities responsible for the implementation of the programme:

— Central administration:

Ministère de l'Agriculture et de la Pêche
Sous Direction de la Protection des Végétaux
251, rue de Vaugirard
F-75732 PARIS CEDEX 15

— Local administration:

Guadeloupe:

Ministère de l'Agriculture et de la Pêche
Direction de l'Agriculture et de la Forêt
Jardin Botanique
F-97109 BASSE-TERRE CEDEX

Martinique:

Ministère de l'Agriculture et de la Pêche
Direction de l'Agriculture et de la Forêt
Jardin Desclieux
B.P. 642
F-97262 FORT-DE-FRANCE CEDEX

Guyana:

Ministère de l'Agriculture et de la Pêche
Direction de l'Agriculture et de la Forêt
Cité Rebard
Route de Baduel
B.P. 746
F-97305 CAYENNE CEDEX

7. The actual expenditure incurred shall be notified to the Commission broken down by type of action or
sub-programme in a way demonstrating the link between the indicative financial plan and expenditure actually
incurred. If France keeps suitable computerized accounts this will be acceptable.

8. All payments of aid granted by the Community under this Decision shall be made to the authority designated by

France, which will also be responsible for repayment to the Community of any excess amount.

(1) OJ L 169, 10.7.2000, p. 1.

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9. All commitments and payments shall be made in euro.

Financial schedules for Community support frameworks and amounts of Community aid shall be expressed in
euro. Payment shall be made to the following account:

Ministère du Budget
Direction de la Comptabilité Publique
Agence Comptable Centrale du Trésor
139, rue de Bercy
F-75572 PARIS CEDEX 12
No E 478 98 Divers

Financial control

10. Inspections may be carried out by the Commission or the Court of Auditors should it so request. France and the
Commission shall immediately exchange all relevant information in regard to the outcome of an inspection.

11. For three years following the last payment relating to the assistance the authority responsible for implementation

shall keep available to the Commission all documentary evidence of expenditure incurred.

12. When it submits applications for payment France shall make available to the Commission all official reports

relating to supervision of the measures in question.

Reduction, suspension and withdrawal of aid

13. France shall declare that Community funds are used for the intended purposes. If implementation of a measure
appears to require only part of the financial assistance allotted the Commission shall immediately recover the
amount due. In cases of dispute the Commission shall examine the case, asking France or the other authorities
designated by France for implementation of the measure to submit their comments within two months.

14. The Commission may reduce or suspend aid for a measure if the examination confirms the existence of an
irregularity, in particular of a substantial modification affecting the nature or conditions of implementation of the
measure for which approval by the Commission has not been sought.

Recovery of undue payments

15. All sums unduly paid must be reimbursed to the Community by the designated authority indicated in point 8.
Interest may be levied on sums not reimbursed. If for any reason the designated authority indicated in point 8
does not reimburse the Community, France shall pay the amount to the Commission.

Prevention and detection of irregularities

16. The partners shall observe a code of conduct drawn up by France in order to ensure that any irregularity in the

provision of assistance programme is detected. France shall ensure that:

— suitable action is taken in this area,

— any amount unduly paid as a result of an irregularity is recovered,

— action is taken to prevent irregularities.

B. MONITORING AND ASSESSMENT

B.I. Monitoring Committee

1. Establishment

Independent of the financing of this action, a monitoring committee for the programme shall be set up,
composed of representatives of France and the Commission. It shall review implementation of the programme
regularly and,

in appropriate cases, propose any adjustments required.

2. The Committee shall establish its own internal procedures within one month of the notification of the present

decision to France.

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3. Competence of Monitoring Committee

The Committee:

— shall have as its general responsibility the satisfactory progress of the programme towards attainment of the
objectives set. Its competence shall embrace the programme measures within the limits of the Community aid
including those on eligibility of
granted. It shall keep watch with respect to the regulatory provisions,
operations and projects,

— shall, on the basis of information on the selection of projects already approved and implemented, reach an

opinion on application of the selection criteria set out in the programme,

— shall propose any action required to accelerate implementation of the programme should the information

furnished periodically by the interim monitoring and assessment indicators reveal a delay,

— may, in agreement with the Commission representative(s), adjust the financing plans within a limit of 15 % of
the Community contribution to a sub-programme or measure for the entire period, and 20 % for any financial
year, provided that the total amount scheduled in the programme is not exceeded. Care must be taken to see
that the main objectives of the programme are not thereby compromised,

— shall give its opinion on the adjustments proposed to the Commission,

— shall

issue an opinion on technical assistance projects scheduled in the programme,

— shall give its opinion on the final draft report,

— shall report regularly, and at least twice during the relevant period, to the Standing Committee on Plant Health

on the progress of the programme and expenditure incurred.

B.II. Monitoring and assessment of the programme during the implementation period (continuous monitoring

and assessment)

1. The national agency responsible for implementation shall also be responsible for continuous monitoring and

assessment of the programme.

2. By continuous monitoring is meant an information system on the state of progress of

the programme.
Continuous monitoring will cover the measures contained in the programme. It involves reference to the financial
and physical indicators structured so as to permit assessment of the correspondence between expenditure on each
measure and predefined physical

indicators showing the degree of realization.

3. Continuous assessment of a programme will involve analysis of the quantitative results of implementation on the
basis of operational, legal and procedural considerations. The purpose is to guarantee correspondence between
measures and programme objectives.

Implementation report and scrutiny of programme

4. France shall notify to the Commission, within one month of adoption of the programme, the name of the

authority responsible for compilation and presentation of the final

implementation report.

The final report shall contain a concise evaluation of the entire programme (degree of achievement of physical
and qualitative objectives and of progress accomplished) and an assessment of the immediate phytosanitary and
economic impact.

The final report on the present programme will be presented by the competent authority to the Commission on
30 September 2002 at the latest and shall thereafter be presented to the Standing Committee on Plant Health as
soon as possible after that date.

5. The Commission may jointly with France call

in an independent assessor who shall, on the basis of the
continuous monitoring, carry out the continuous assessment referred to in point 3. He may submit proposals for
adjustment of the sub-programmes and/or measures, and amending the selection criteria for projects, etc., in the
light of difficulties encountered in the course of implementation. On the basis of monitoring of management he
shall give an opinion on the administrative measures to be taken.

C.

INFORMATION AND PUBLICITY

In the framework of this action, the agency appointed as responsible for the programme shall ensure that it is
adequately publicized.

It shall

in particular take action to:

— make potential recipients and professional organisations aware of the possibilities offered under the programme

measures,

— make the general public aware of the Community's role in the programme.

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France and the agency responsible for implementation shall consult the Commission on initiatives envisaged in this
area, possibly through the Monitoring Committee. They shall regularly notify the Commission of information and
publicity measures adopted, either by a final report or through the Monitoring Committee.

The national

legal provisions on confidentiality of information shall be complied with.

Community policies applying in this field must be complied with.

II. COMPLIANCE WITH COMMUNITY POLICIES

The programme shall be implemented in accordance with the provisions on coordination of and compliance with
Community policies. The following information must be supplied by France.

1. Award of public contracts

The ‘public contracts’ (1) questionnaire must be completed for:

— public contracts above the ceilings

that are awarded by
contract–awarding authorities as defined in these Directives and are not covered by the exemptions specified
therein,

set by the ‘supplies’ and ‘works’ Directives

— public contracts below these ceilings where they constitute components of a single piece of work or of uniform
supplies of a value above the ceiling. By ‘a single piece of work’ is meant a product of building or civil engineering
works intended in itself to fulfil an economic or technical function.

The ceilings will be those in force on the date of notification of this Decision.

2. Protection of the environment

(a) General

information:

— description of the main environmental features and problems of the region concerned, giving, inter alia, a

description of the important conservation areas (sensitive zones),

— a comprehensive description of the major beneficial and harmful effects that the programme, given the

investments planned,

is likely to have on the environment,

— a description of the action planned to prevent, reduce or offset any serious harmful effects on the environment,

— a report on consultations with the responsible environmental authorities (opinion of the Ministry for the

Environment or its equivalent) and,

if there were any such consultations, with the public concerned.

(b) Description of planned activities

For programme measures liable to have a significantly harmful effect on the environment:

— the procedures which will be applied for assessing individual projects during implementation of the programme;

— the mechanisms planned for monitoring environmental impact during implementation, assessing results and

eliminating, reducing or offsetting harmful effects.

(1) Notice C(88) 2510 to the Member States on monitoring compliance with public procurement rules in the case of projects and

programmes financed by the Structural Funds and financial

instruments (OJ C 22, 28.01.1989, p. 3).