2002/638/EC: Commission Decision of 31 July 2002 conferring management of aid on implementing agencies for pre-accession measures in agriculture and rural development Romania in the pre-accession period
Date: 2002-07-31
Institutions: European Commission
Subjects: Romania, aid to agriculture, coordination of aid, financial management, rural development

3.8.2002

EN

Official Journal of the European Communities

L 206/31

COMMISSION DECISION

of 31 July 2002

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

(2002/638/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,

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 (2), as last amended
by Regulation (EC) No 2500/2001 (3), a Programme for
Agriculture and Rural Development was approved by
Commission Decision C(2000) 3742 final on 12
December 2000, and amended by Commission Decision
H/2002/1936, on 11 July 2002 for Romania.

The Romanian government and the Commission, acting
on behalf of the European Community, signed on 2
February 2001 the Multiannual Financing Agreement
(hereinafter MAFA) laying down the technical, legal and
administrative framework for
the
Sapard Programme.

the execution of

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
the national and
basis of a case-by-case analysis of
sectorial
capacity,
programme/project management
financial control procedures and structures regarding
public finance; Commission Regulation (EC) No 2222/
2000 (4), as amended by Regulation (EC) No 2252/
2001 (5), provides for detailed rules for the carrying out
of the said analysis.

The competent authority of Romania has appointed the
Sapard Agency, public institution with legal status, in the
subordination of the Ministry of Agriculture, Food and
It will be responsible for implementing the
Forestry.
‘Processing and Marketing of agri-
following measures:
and
cultural

and fishery products’,

‘Development

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

(5)

(6)

(7)

(8)

(9)

improvement of rural infrastructure’ and ‘Technical assis-
tance’ as defined in the Programme for Agriculture and
Rural Development that was approved by Commission
Decision C(2000) 3742 final on 12 December 2000, and
amended by Commission Decision H/2002/1936 on 11
July 2002; whereas the Ministry of Public Finance,
National Fund has been established 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 analysed the
national and sectorial programme/project management
financial control procedures and structures
capacity,
regarding public finance and considers that,
for the
implementation
aforementioned measures,
the
Romania 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.

of

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

pre-payment

payment

checks,

On 11 July 2002 the Romanian authorities provided the
revised list of eligible expenditure in conformity with
Article 4(1), Section B of the MAFA, and this did not
give rise to objections by the Commission.

The Ministry of Public Finance, National Fund has imple-
mented the following criteria satisfactorily for the finan-
cial functions it is due to perform in the framework of
the implementation of
the Sapard programme for
Romania: 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 Sapard
Agency, and on the Ministry of Public Finance, National
Fund in Romania, the management of aid on a decentra-
lised basis.

L 206/32

EN

Official Journal of the European Communities

3.8.2002

(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 Sapard
Agency, and on the Ministry of Public Finance, National
Fund, according to Article 3(2) of Regulation (EC) No
2222/2000, on a provisional basis.

(11)

(12)

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, and on the Ministry
of Public Finance, National Fund, have been imple-
mented.

In order to take account of the requirements of Article
8(1)(b), Section A of the MAFA, expenditure pursuant to
this Decision shall be eligible for Community co-finance
only if incurred by beneficiaries from the date of this
Decision or, if later, the date of the instrument making
them a beneficiary for the project in question, except for
feasibility and related studies, and for technical assis-
tance, where this date shall be 12 December 2000,
provided in all cases it is not paid by the Sapard Agency
prior to the date of this Decision,

HAS DECIDED AS FOLLOWS:

Article 1

The requirement of ex ante approval by the Commission of
project selection and contracting by Romania 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, Food
and Forestry of Romania, Negustori Street 1 B, Sector 2, RO
Bucharest 2, for the implementation of measures ‘Processing
and marketing of agricultural and fishery products’, ‘Devel-
opment and improvement of rural infrastructure’ and ‘Tech-
nical assistance’ as defined in the Programme for Agriculture
and Rural Development that was approved by Commission
Decision C(2000) 3742 final on 12 December 2000, and
amended by Commission Decision H/2002/1936, adopted
on 11 July 2002; and

2. the Ministry of Public Finance, National Fund, Apolodor
Street 17, Sector 5, RO 70663 Bucharest, for the financial
functions it is due to perform in the framework of the
implementation of the Sapard programme for Romania.

Article 3

Expenditure pursuant
to this Decision shall be eligible for
Community co-finance only if incurred by beneficiaries from
the date of this Decision or, if later, the date of the instrument
making them a beneficiary for the project in question, except
for feasibility and related studies, and for technical assistance,
where this date shall be 12 December 2000, provided in all
cases it is not paid by the Sapard Agency prior to the date of
this Decision.

Done at Brussels, 31 July 2002.

For the Commission

Franz FISCHLER

Member of the Commission