2002/932/EC: Commission Decision of 26 November 2002 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 2002 (notified under document number C(2002) 4541)
Date: 2002-11-26
Institutions: European Commission
Subjects: EU financing, EU programme, French overseas department and region, expenditure, parasitology, plant disease, plant health treatment

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COMMISSION

COMMISSION DECISION

of 26 November 2002

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 2002

(notified under document number C(2002) 4541)

(Only the French text is authentic)

(2002/932/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 plants or plant products in the
French overseas departments,

Whereas:

(1)

(2)

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), as last amended by the Commission Decision
96/633/EC (3) defines the measures eligible for Commu-
nity financing under programmes for the control of
organisms harmful to plants and plant products in the
French overseas departments, the Azores and Madeira.

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

for particular

(3)

The plant health measures to be adopted or strengthened
are particularly costly.

(4)

(5)

(6)

(7)

(8)

(9)

(10)

A programme of measures has been presented to the
Commission by the competent French authorities; 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.

According to Article 20(4) of Regulation (EC) No 1452/
2001 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 to 2006 in application
of Council Regulations (EC) No 1257/1999 (4) and (EC)
No 1260/1999 (5) cannot be the same as those contained
in this programme.

The operations provided for in the European Commu-
nity Framework Programme for Research and Technolo-
gical Development
those
cannot be
contained in this programme.

same as

the

In accordance with Article 3(2) of Council Regulation
(EC) No 1258/1999 (6), veterinary and plant health
measures undertaken in accordance with Community
rules shall be financed under the Guarantee section of
the European Agricultural Guidance and Guarantee
Fund. Financial control of these measures comes under
Articles 8 and 9 of the above Regulation.

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

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

(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.
(6) OJ L 160, 26.6.1999, p. 103.

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HAS ADOPTED THIS DECISION:

Article 5

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 2002 is hereby approved.

Article 2

The official programme shall consist of four subprogrammes:

1. a subprogramme of pest risk analysis for harmful organisms
relevant to the French overseas departments (Martinique,
Guadeloupe, Guyana, La Réunion);

2. a subprogramme drawn up for the department of Marti-

nique in two parts:
— plant health evaluation and diagnostics,
— information and discussion with interested parties to
introduction and spread of

the occurrence,

prevent
harmful organisms;

3. a subprogramme drawn up for the department of Guade-

loupe in two parts:
— plant health evaluation and diagnostics,
— assistance to the control of harmful organisms;

4. a subprogramme drawn up for the department of Guyana in

one part:
— plant health evaluation and diagnostics, good agricul-

tural practices.

Article 3

The Community's financial contribution to the programme in
2002 presented by France shall be 60 % of expenditure related
to eligible measures as defined by 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.

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

Article 4

1.
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
between 1 October and 31 December 2002.

No payment in connection with the operations shall be
they are made by the

2.
entitled to Community financing if
French authorities after 30 September 2003.

3.
By derogation from paragraph 2, Community financing
shall be provided in respect of payments for which a duly justi-
fied request for an extension of the deadline for payment is
submitted by the competent official authorities to the Commis-
sion before 30 September 2003.

Article 6

France shall ensure compliance with the provisions on the
financing of the programme, with Community policies and the
information to be supplied to the Commission 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

This Decision is addressed to the French Republic.

Done at Brussels, 26 November 2002.

For the Commission

David BYRNE

Member of the Commission

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ANNEX I

FINANCIAL TABLE FOR 2002

Eligible Expenditures 2002

(in euro)

Pest risk analysis

Martinique

Guadeloupe

Guyana

EC

100 000

37 000

37 000

26 000

Total

200 000

National

66 833

25 000

24 000

17 500

133 333

Total

166 833

62 000

61 000

43 500

333 333

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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 balance shall be paid upon the presentation to the Commission of the final report of activity and the detailed

total expenditure incurred and after the report has been approved by the Commission.

Authorities responsible for the implementation of the programme:

— Central administration:

Ministère de l'agriculture, de l'alimentation, de la pêche et des affaires rurales
Direction générale de l'alimentation
Sous-direction de la protection des végétaux
251, rue de Vaugirard
F-75732 Paris Cedex

— Local administration:
— Guadeloupe:

Ministère de l'agriculture, de l'alimentation, de la pêche et des affaires rurales
Direction de l'agriculture et de la forêt
Jardin Botanique
F-97169 Basse-Terre Cedex

— Martinique

Ministère de l'agriculture, de l'alimentation, de la pêche et des affaires rurales
Direction de l'agriculture et de la forêt
Jardin Desclieux
BP 642
F-97262 Fort-de-France Cedex

— Guyana:

Ministère de l'agriculture, de l'alimentation, de la pêche et des affaires rurales
Direction de l'agriculture et de la forêt
Cité Rebard
BP 5002
F-97305 Cayenne Cedex

— La Réunion:

Ministère de l'agriculture, de l'alimentation, de la pêche et des affaires rurales
Direction de l'agriculture et de la forêt
Parc de la Providence
F-97489 Saint-Denis-de-la-Réunion Cedex

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

6. 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.

7. Payment shall be made to the following account:

Ministère de l'économie, des finances et de l'industrie
Direction de la comptabilité publique
Agence comptable centrale du Trésor
139, rue de Bercy
F-75572 Paris Cedex 12
No E 478 98 Divers

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Financial control

8.

9.

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.

For three years following the last payment relating to the assistance, the authority responsible for implementa-
tion shall keep available to the Commission all documentary evidence of expenditure incurred.

Reduction, suspension and withdrawal of aid

10. 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.

11. The Commission may reduce or suspend aid for a measure if the examination confirms the existence of an irre-
gularity, 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

12. 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

13. The partners (France and French local authorities or contractants) 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.
the
programme regularly and, in appropriate cases, propose any adjustments required.

It shall review implementation of

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

present decision to France.

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 granted. It shall keep watch with respect to the regulatory provisions, including those on
eligibility of 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 subprogramme 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,

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— shall give its opinion on the final 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 moni-

toring 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 expen-
diture on each measure and predefined physical indicators showing the degree of realisation.

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.

Imple me nta ti on r e p or t and sc r ut i ny of p r og r amme

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 phyto-
sanitary and economic impact.

The final report on the present programme will be presented by the competent authority to the Commission
on 30 September 2003 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 propo-
sals for adjustment of the subprogrammes 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 publicised.

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.

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.

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 set by the ‘supplies’ and ‘works’ Directives that are awarded by contract–

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

— 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 engi-
neering 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.

(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, 28.1.1989, p. 3).

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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 invest-

ments 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 environ-

ment,

— 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.