2002/298/EC: Commission Decision of 15 April 2002 conferring management of aid on implementing agencies for pre-accession measures in agriculture and rural development in the Czech Republic in the pre-accession period
Date: 2002-04-15
Institutions: European Commission
Subjects: Czechia, EU aid, EU programme, accession to the European Union, aid to agriculture, management audit, rural development

L 102/32

EN

Official Journal of the European Communities

18.4.2002

II

(Acts whose publication is not obligatory)

COMMISSION

COMMISSION DECISION

of 15 April 2002

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

(2002/298/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

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,

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), as amended by Regula-
tion (EC) No 2252/2001 (3), 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 (4), as last
amended by Regulation (EC) No 2500/2001 (5), a
Programme for Agriculture and Rural Development was
approved by Commission Decision C(2000) 3105 final
of 26 October 2000 for the Czech Republic.

the Czech Republic and the
The Government of
Commission,
the European
acting on behalf of
Community, has signed on 5 February 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) thereof
may be waived on the basis of a case-by-case analysis of

(1) OJ L 161, 26.6.1999, p. 68.
(2) OJ L 253, 7.10.2000, p. 5.
(3) OJ L 304, 21.11.2001, p. 8.
(4) OJ L 161, 21.6.1999, p. 87.
(5) OJ L 342, 27.12.2001, p. 1.

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

‘Investments

The competent authority of the Czech Republic has
appointed the Sapard Agency for the implementation of
measures
in Agricultural Holdings’;
‘Improving the processing and marketing of agricultural
‘Improving the structures for
and fishery products’;
quality controls of foodstuffs and for consumer protec-
tion’; ‘Land improvement and reparcelling’; ‘Renovation
and development of villages and rural
infrastructure’;
‘development and diversification of economic activities
providing for multiple activities and alternative income’;
‘Technical Assistance’ as defined in the Programme for
Agriculture and Rural Development that was approved
by Decision C(2000) 3105 final for the Czech Republic.
The Ministry of Finance, National Fund has been
appointed for the financial functions it is due to perform
in the framework of the implementation of the Sapard
programme.

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 Czech Republic 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 Sapard Agency has implemented the
following key accreditation criteria satisfactorily: written
procedures, segregation of duties, pre-project approval
procedures,
and
accounting procedures, computer security, internal audit,
and, where appropriate, public procurement provisions.

pre-payment

payment

checks,

(4)

(5)

(6)

(7)

On 1 February 2002 the Czech authorities provided a
list of eligible expenditure in conformity with Article

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Official Journal of the European Communities

L 102/33

4(1), section B of the Multiannual Financial Agreement,
this did not give rise to objections by the Commission.

HAS DECIDED AS FOLLOWS:

(8)

(9)

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 Sapard programme for the Czech
Republic: audit trail, treasury management, receipt of
funds, disbursement to beneficiaries, computer security
and internal audit.

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 Sapard Agency
and on the Ministry of Finance, National Fund, in the
Czech Republic the management of aid on a decentral-
ised basis.

(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 Czech
Republic and on the Ministry of Finance, National Fund,
on a provisional basis.

(11)

The 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 Commission may issue, with regard to the conferral
of management of aid on the Sapard Agency and on the
Ministry of Finance, National Fund, have been imple-
mented,

Article 1

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

Article 2

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

in Agricultural Holdings’;

the Czech Republic, Tesnov 17,
1. the Sapard Agency of
the implementation of measures
117 05 Prague 1 for
‘Improving the
‘Investments
processing and marketing of agricultural and fishery
products’; ‘Improving the structures for quality controls of
foodstuffs and for consumer protection’; ‘Land improvement
and reparcelling’;
‘Renovation and development of villages
and rural infrastructure’; ‘Development and diversification of
economic activities providing for multiple activities and
alternative income’; ‘Technical Assistance’ as defined in the
Programme for Agricultural and Rural Development that
was approved by Decision C(2000) 3105 final; and

2. the Ministry of Finance, National Fund, located at Letenska
15, 118 10 Prague 1, Czech Republic,
for the financial
functions it is due to perform in the framework of the
implementation of the Sapard programme for the Czech
Republic.

Done at Brussels, 15 April 2002.

For the Commission

Franz FISCHLER

Member of the Commission