2002/299/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 Slovak Republic in the pre-accession period
Date: 2002-04-15
Institutions: European Commission
Subjects: EU aid, EU programme, Slovakia, accession to the European Union, aid to agriculture, management audit, rural development

L 102/34

EN

Official Journal of the European Communities

18.4.2002

COMMISSION DECISION

of 15 April 2002

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

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(4)

(2002/299/EC)

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) 3327 final
on 17 November 2000 for the Slovak Republic.

The Government of
the Slovak Republic and the
the European
acting on behalf of
Commission,
Community, has signed on 26 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
control procedures and structures
regarding public
finance; Regulation (EC) No 2222/2000 provides for
detailed rules for the carrying out of said analysis.

capacity,

(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.

(5)

(6)

(7)

(8)

The competent authority of the Slovak Republic has
appointed a Sapard Agency under the Ministry of Agri-
culture for the implementation of measures ‘Investments
in agricultural enterprises’,
‘Improvement of processing
and marketing of agricultural and fish products’, ‘Diver-
sification activities in rural areas, only investments not
involving infrastructure’, ‘Forestry’ and ‘Land consolida-
tion’ as defined in the Programme for Agriculture and
that was approved by Decision
Rural Development
the
the Slovak Republic;
C(2000) 3327 final
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.

for

On 25 January 2002 the Slovak authorities provided the
revised list of eligible expenditure in conformity with
Article 4(1), Section B of
the Multiannual Financing
Agreement; this did not give rise to objections by the
Commission.

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 Slovak 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 under the Ministry of
Agriculture has implemented the following key accredi-
tation criteria satisfactorily: written procedures, segrega-
tion of duties, pre-project approval and pre-payment
checks, payment procedures, accounting procedures,
computer security,
internal audit, and, where appro-
priate, 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 Slovak Republic: audit trail, treasury
management,
to the
Sapard Agency, computer security and internal audit.

funds, disbursement

receipt of

18.4.2002

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Official Journal of the European Communities

L 102/35

(9)

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
under the Ministry of Agriculture and on the National
Fund Department within the Ministry of Finance in the
Slovak 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 Sapard
Agency under the Ministry of Agriculture and on the
National Fund Department within the Ministry of
Finance on a provisional basis.

(11)

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 Sapard Agency under the Ministry of
Agriculture and on the National Fund Department
within the Ministry of Finance, have been implemented,

HAS DECIDED AS FOLLOWS:

Article 1

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

Article 2

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

1. the Sapard Agency under the Ministry of Agriculture of the
Slovak Republic, Dobrovicova 12; SK-81 266 Bratislava, for
the implementation of measures ‘Investments in agricultural
‘Improvement of processing and marketing of
enterprises’,
‘Diversification activities in
agricultural and fish products’,
rural areas, only investments not involving infrastructure’,
‘Forestry’ and ‘Land consolidation’ as defined in the
Programme for Agricultural and Rural Development that
was approved by Decision C(2000) 3327 final; and

2. the National Fund Department within the Ministry of
Finance of the Slovak Republic, Štefanovicova 5; SK-81 782
Bratislava, for the financial functions it is due to perform in
the framework of
the Sapard
programme for the Slovak Republic.

the implementation of

Done at Brussels, 15 April 2002.

For the Commission

Franz FISCHLER

Member of the Commission