2003/615/EC: Commission Decision of 14 August 2003 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: 2003-08-14
Institutions: European Commission
Subjects: Slovakia, accession to the European Union, aid programme, aid to agriculture, management, rural development

L 213/12

EN

Official Journal of the European Union

23.8.2003

COMMISSION DECISION

of 14 August 2003

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

(2003/615/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)

The Special Accession Programme for Agriculture and
Rural Development for the Slovak Republic (hereinafter
Sapard) was approved by Commission Decision of 17
November 2000 (2), and amended by Commission Deci-
sion of 5 March 2002, of 31 July 2002 and 20 March
2003 in accordance with Article 4(5) of Council Regula-
tion (EC) No 1268/1999 of 21 June 1999 on Commu-
nity support for pre-accession measures for agriculture
in the applicant countries of
and rural development
central
in the pre-accession
period (3), as last amended by Regulation (EC) No 696/
2003 (4).

and eastern Europe

The Government of
the Slovak Republic and the
Commission, acting on behalf of the Community, signed
on 26 March 2001 the Multiannual Financing Agree-
ment laying down the technical, legal and administrative
framework for the execution of the Sapard, amended by
the Annual Financing Agreement for 2001, signed on
11 September 2002. This amendment entered into force
after ratification by both parties on 4 November 2002.

A Sapard Agency has been appointed by the competent
authority of the Slovak Republic for the implementation
of some of the measures defined in the 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 the 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

(5)

(6)

(7)

the Commission
Regulation (EC) No 1266/1999,
adopted the Decision 2002/299/EC of 15 April 2002
conferring management of aid on implementing agencies
for pre-accession measures in agriculture and rural devel-
in the Slovak Republic in the pre-accession
opment
period (5) with regard to certain measures provided for
in the Sapard.

assistance’

and 9 ‘Technical

The Commission has since undertaken a further analysis
under Article 12(2) of Regulation (EC) No 1266/1999 in
respect of Measures 3 ‘Setting-up producers group’, 4b
‘Diversification activities in rural areas’, 6 ‘Agricultural
production methods designed to protect the environ-
ment and maintain the countryside’, 8 ‘Development of
human resources’
as
provided for in Sapard. The Commission considers that,
also with regard to those measures, the Slovak 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 coun-
tries of central and eastern Europe in the pre-accession
period (6), as last 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
Measures 3, 4b, 6, 8 and 9, on the Sapard Agency and
on the Ministry of Finance, National Fund in the Slovak
Republic,
the management of aid on a decentralised
basis.

Since the verifications carried out by the Commission
for measures 3, 4b, 6, 8 and, 9 are based on a system
that is not yet fully operating with regard to all relevant
elements, however,
the
management of the 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.

is appropriate to confer

it

(1) OJ L 161, 26.6.1999, p. 68.
(2) C(2000) 3327 final.
(3) OJ L 161, 26.6.1999, p. 87.
(4) OJ L 99, 17.4.2003, p. 24.

(5) OJ L 102, 18.4.2002, p. 34.
(6) OJ L 253, 7.10.2000, p. 5.
(7) OJ L 27, 1.2.2003, p. 14.

23.8.2003

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Official Journal of the European Union

L 213/13

(8)

(9)

Full conferral of management of the 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.

According to the second indent of Article 9(1) of Regu-
lation (EC) No 2222/2000 expenditure with regard to
feasibility and related studies and for technical assistance
incurred by the beneficiary before the date of
the
Commission Decision conferring management may be
reimbursable. It is therefore appropriate to fix the date
as of which such expenditure may be reimbursed,

HAS DECIDED AS FOLLOWS:

Article 1

The requirement of ex ante approval by the Commission of
project selection and contracting for Measures 3, 4b, 6, 8, and
9 by the Slovak Republic provided for in Article 12(1) of Regu-
lation (EC) No 1266/1999 is hereby waived.

Article 2

Management of the Sapard is conferred on a provisional basis
on:

1. The Sapard Agency of the Slovak Republic located at 12
Dobrovicˇova, 81 266 Bratislava, for the implementation of
Measures 3, 4b, 6, 8 and 9 as defined in the Programme for
Agricultural and Rural Development that was approved by
the Commission Decision of 17 November 2000; and

2. The Ministry of Finance, National Fund, located at 5 Štefa-
novicˇova, 81 782 Bratislava, for the financial functions it is
due to perform in the framework of the implementation of
the Sapard for measures 3, 4b, 6, 8 and 9 for the Slovak
Republic.

Article 3

Expenditure pursuant
to this Decision shall be eligible for
Community co-finance only if incurred by beneficiaries from
the date of adoption of this Decision or, if later, from the date
of conclusion 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 15 April
2002, provided in all cases it has not been paid by the Sapard
Agency prior to the date of adoption of this Decision.

Done at Brussels, 14 August 2003.

For the Commission

Franz FISCHLER

Member of the Commission