2002/539/EC: Commission Decision of 2 July 2002 conferring management of aid on implementing agencies for pre-accession measures in agriculture and rural development in the Republic of Poland in the pre-accession period
Date: 2002-07-02
Institutions: European Commission
Subjects: EU aid, EU programme, Poland, accession to the European Union, aid to agriculture, management audit, rural development

3.7.2002

EN

Official Journal of the European Communities

L 173/41

COMMISSION DECISION

of 2 July 2002

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

(2002/539/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
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), as amended by Regula-
tion (EC) No 2252/2001 (3), and in particular Article 3(2)
thereof,

Whereas:

(1)

(2)

(3)

(4)

In accordance with Article 4(5) of Regulation (EC) No
1268/1999 of 21 June 1999 on Community support for
pre-accession measures for agriculture and rural develop-
ment 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) 3040 final on 18 October
2000, as amended by Commission Decision H 02/1236,
adopted on 22 April 2002, for the Republic of Poland.

The Government of Poland and the Commission, acting
on behalf of the European Community, have signed on
25 January 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
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,

The Competent Authority of the Republic of Poland has
appointed the Agency for Restructuring and Modernisa-
tion of Agriculture to function as the Sapard Agency. It
implementing the following
will be responsible for

(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, 26.6.1999, p. 87.
(5) OJ L 342, 27.12.2001, p. 1.

‘Development of rural

measures: ‘Improvement in processing and marketing of
‘Investments in agriculture
food and fishery products’,
holdings’,
‘Voca-
infrastructure’,
tional training’ and ‘Technical assistance’ as defined in
the Programme for Agriculture and Rural Development
that was approved by Decision C(2000) 3040 final for
the Republic of Poland; whereas the National Fund
(within the Ministry of Finance) has been established for
the financial functions it is due to perform in the frame-
SAPARD
work
programme.

implementation

the

the

of

of

(5)

(6)

(7)

(8)

(9)

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 Poland 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 Agency for Restructuring and Moderni-
sation of Agriculture has implemented the following key
accreditation criteria satisfactorily: written procedures,
segregation of duties, pre-project approval and pre-
payment checks, payment procedures, accounting proce-
dures, computer security,
internal audit, and, where
appropriate, public procurement provisions.

On 15 February 2002 the Polish authorities provided the
revised list of eligible expenditure in conformity with
Article 4(1), Section B of
the Multiannual Financing
Agreement, and this did not give rise to objections by
the Commission.

The National Fund has
implemented the following
criteria satisfactorily for the financial functions it is due
to perform in the framework of the implementation of
the Sapard programme for Poland: audit trail, treasury
management, receipt of
funds, disbursements to the
Sapard Agency, 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 Agency for
Restructuring and Modernisation of Agriculture, and on
the National Fund, the management of aid on a decentra-
lised basis.

L 173/42

EN

Official Journal of the European Communities

3.7.2002

(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 Restructuring and Modernisation of Agriculture, and
on the National Fund, 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 Agency for Restructuring and Moder-
nisation of Agriculture, and on the National Fund, have
been implemented,

HAS DECIDED AS FOLLOWS:

Article 1

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

Article 2

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

the implementation of measures

1. the Agency for Restructuring and Modernisation of Agricul-
ture in its role as Sapard Agency of the Republic of Poland,
located at Al. Jana Pawła II nr 70, PL — 00 175 Warsaw,
for
in
processing and marketing of food and fishery products’,
‘Investments in agriculture holdings’, ‘Development of rural
infrastructure’, ‘Vocational training’ and ‘Technical assistance’
as defined in the Programme for Agriculture and Rural
Development that was approved by Decision C(2000) 3040
final; and

‘Improvement

2. the National Fund within the Ministry of Finance of the
Republic of Poland, located at ul. S´ wie˛tokrzyska 12, PL —
00 916 Warsaw, for the financial functions it is due to
perform in the framework of the implementation of the
Sapard programme for Poland.

Done at Brussels, 2 July 2002.

For the Commission

Franz FISCHLER

Member of the Commission