2003/123/EC: Commission Decision of 19 February 2003 conferring management of aid on implementing agencies for a pre-accession measure in agriculture and rural development in the Czech Republic in the pre-accession period
Date: 2003-02-19
Institutions: European Commission
Subjects: Czechia, EU programme, accession to the European Union, aid to agriculture, management, rural development

22.2.2003

EN

Official Journal of the European Union

L 49/21

COMMISSION DECISION

of 19 February 2003

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

(2003/123/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

management of aid on implementing agencies for pre-
accession measures in agriculture and rural development
in the Czech Republic in the pre-accession period (5)
with regard to certain measures provided for in Sapard.

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,

(5)

Whereas:

(1)

(2)

(3)

(4)

The Special Programme for Agriculture and Rural Devel-
opment for the Czech Republic (hereinafter Sapard) was
approved by Commission Decision of 26 October
2000 (2), and amended by Commission Decision of 23
December 2002 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-acces-
sion period (3), as amended by Regulation (EC) No 2500/
2001 (4).

The government of the Czech Republic and the Commis-
sion, acting on behalf of the Community, signed on 5
February 2001 the Multiannual Financing Agreement
(hereinafter MAFA) laying down the technical, legal and
administrative framework for the execution of Sapard,
amended by the Annual Financing Agreement (herein-
after AFA) for 2001, signed on 13 October 2002.

A Sapard agency has been appointed by the competent
authority of the Czech Republic for the implementation
of some of the measures defined in Sapard. 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 Sapard.

On the basis of a case-by-case analysis of the national
and sectorial programme/project management capacity,
financial control procedures and structures regarding
public finance, as provided for in Article 12(2) of Regu-
the Commission adopted
lation (EC) No 1266/1999,
Decision 2002/298/EC of 15 April 2002 conferring

(6)

(7)

(8)

The Commission has since undertaken a further analysis
under Article 12(2) of Regulation (EC) No 1266/1999 in
respect of Measure 2.3 ‘Agricultural production methods
designed to protect the environment and maintain the
countryside’ as provided for in Sapard. The Commission
considers that, also with regard to that measure, the
Czech Republic complies with the provisions of Articles
4 to 6 and of the Annex 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 (6), as amended by Regulation (EC)
No 188/2003 (7), and with the minimum conditions set
out in the Annex to Regulation (EC) No 1266/1999.

It is therefore appropriate to waive the ex ante approval
requirement provided for in Article 12(1) of Regulation
(EC) No 1266/1999 and to confer, with regard to
Measure 2.3, on the Sapard agency and on the Ministry
of Finance, National Fund in the Czech Republic, the
management of aid on a decentralised basis.

Since the verifications carried out by the Commission
for measure 2.3 are based on a system that is not yet
fully operating with regard to all relevant elements,
however, it is appropriate to confer the management of
Sapard on the Sapard agency and on the Ministry of
Finance, National Fund, according to Article 3(2) of
Regulation (EC) No 2222/2000, on a provisional basis.

Full conferral of management of Sapard is only envi-
saged after further verifications to ensure that the system
operates satisfactorily have been carried out and after
any recommendations which 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 implemented,

(1) OJ L 161, 26.6.1999, p. 68.
(2) C/2000/3105 final.
(3) OJ L 161, 26.6.1999, p. 87.
(4) OJ L 342, 27.12.2001, p. 1.

(5) OJ L 102, 18.4.2002, p. 32.
(6) OJ L 253, 7.10.2000, p. 5.
(7) OJ L 27, 1.2.2003, p. 14.

L 49/22

EN

Official Journal of the European Union

22.2.2003

HAS DECIDED AS FOLLOWS:

Article 1

The requirement of ex ante approval by the Commission of
project selection and contracting for Measure 2.3 by the Czech
Republic provided for in Article 12(1) of Regulation (EC) No
1266/1999 is hereby waived.

Article 2

Management of Sapard is conferred on a provisional basis on:

1. the Sapard agency of the Czech Republic, Tesnov 17, 117
05 Prague 1, for the implementation of Measure 2.3 of
‘Agricultural production methods designed to
Sapard:
protect the environment and maintain the countryside’ as

defined in the Programme for Agricultural and Rural Devel-
opment that was approved by Commission Decision of 26
October 2000; and

2. the Ministry of Finance, National Fund, located at Letenska
15, 118 10 Prague 1, Czech Republic, for the financial func-
tions it is due to perform in the framework of the imple-
mentation of Sapard for Measure 2.3 for
the Czech
Republic.

Done at Brussels, 19 February 2003.

For the Commission

Franz FISCHLER

Member of the Commission