2003/614/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 Republic of Bulgaria in the pre-accession period
Date: 2003-08-14
Institutions: European Commission
Subjects: Bulgaria, accession to the European Union, aid programme, aid to agriculture, management, rural development

L 213/10

EN

Official Journal of the European Union

23.8.2003

II

(Acts whose publication is not obligatory)

COMMISSION

COMMISSION DECISION

of 14 August 2003

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

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(3)

(2003/614/EC)

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,

Having regard to 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-accession period (2), as
last amended by Regulation (EC) No 696/2003 (3), and in parti-
cular Article 4(5) and (6) thereof,

Whereas:

(1)

(2)

The Special Accession Programme for Agriculture and
Rural Development for the Republic of Bulgaria (herein-
after Sapard) was approved by Commission Decision of
20 October 2000 (4), and amended by Commission Deci-
sion of 21 May 2002 in accordance with Article 4(5) of
Regulation (EC) No 1268/1999.

The Government of the Republic of Bulgaria and the
Commission, acting on behalf of the Community, signed
on 18 December 2000 the Multiannual Financing Agree-
ment laying down the technical, legal and administrative
framework for the execution of the Sapard, as amended
by the Annual Financing Agreement for 2001, signed on
19 February 2002 which finally entered into force on
29 July 2002.

(1) OJ L 161, 26.6.1999, p. 68.
(2) OJ L 161, 26.6.1999, p. 87.
(3) OJ L 99, 17.4.2003, p. 24.
(4) C(2000) 3058 final.

(4)

(5)

A Sapard Agency has been appointed by the competent
authority of the Republic of Bulgaria for the implemen-
tation 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 Regu-
lation (EC) No 1266/1999, the Commission adopted the
Decision 2001/380/EC of 14 May 2001 conferring
management of aid on implementing agencies for pre-
accession measures in agriculture and rural development
in the Republic of Bulgaria in the pre-accession period (5)
with regard to certain measures provided for in the
Sapard.

The Commission has since undertaken a further analysis
under Article 12(2) of Regulation (EC) No 1266/1999 in
respect of Measures 1.2.1 ‘Wholesale markets’, 1.4
‘Forestry and afforestation of agricultural areas,
invest-
ment in forestry holdings, processing and marketing of
forestry products’, 1.5 ‘Setting up producer groups’, 2.2
‘Renovation and development of villages, protection and
conservation of rural heritage and cultural traditions’,
2.3 ‘Development and improvement of rural infrastruc-
ture’, 3.1 ‘Improvement of vocational training’ and 4.1
‘Technical assistance’ as provided for in the Sapard. The
Commission considers that, also with regard to those
measures, the Republic of Bulgaria complies with the
the Annex to
provisions of Articles 4 to 6 and of

(5) OJ L 134, 17.5.2001, p. 65.

23.8.2003

EN

Official Journal of the European Union

L 213/11

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 (1), as last
amended by Regulation (EC) No 188/2003 (2), and with
the minimum conditions set out in the Annex to Regula-
tion (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 1.2.1, 1.4, 1.5, 2.2, 2.3, 3.1 and 4.1, on the
State Agriculture Fund and on the Ministry of Finance,
Directorate National Fund in the Republic of Bulgaria,
the management of aid on a decentralised basis.

Since the verifications carried out by the Commission
for measures 1.2.1, 1.4, 1.5, 2.2, 2.3, 3.1 and 4.1 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 the Sapard on the State
Agriculture Fund and on the Ministry of Finance, Direc-
torate National Fund, according to Article 3(2) of Regu-
lation (EC) No 2222/2000, on a provisional basis.

On 3 July 2003 the Bulgarian authorities proposed the
rules for the eligibility of expenditure in accordance with
Article 4(1) of section B of the Multiannual Financing
Agreement. The Commission is called upon to take a
decision in this respect.

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 State Agriculture Fund and on the Ministry of
Finance, Directorate National Fund, have been imple-
mented,

(6)

(7)

(8)

(9)

HAS DECIDED AS FOLLOWS:

Article 1

The requirement of ex ante approval by the Commission of
project selection and contracting for measures 1.2.1, 1.4, 1.5,
2.2, 2.3, 3.1 and 4.1 by the Republic of Bulgaria provided for
in Article 12(1) of Regulation (EC) No 1266/1999 is hereby
waived.

Article 2

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

1. the State Agriculture Fund (Sapard Agency) located at 55
Hristo Botev Boulevard, 1040 Sofia, Bulgaria, for the imple-
mentation of measures 1.2.1, 1.4, 1.5, 2.2, 2.3, 3.1 and 4.1
of the Sapard as defined in the Programme for Agricultural
and Rural Development that was approved by Commission
Decision of 20 October 2000; and

2. the Ministry of Finance, Directorate National Fund, located
at 102 Radkovski Street, 1040 Sofia, Bulgaria, for the finan-
cial functions it is due to perform in the framework of the
implementation of the Sapard for measures 1.2.1, 1.4, 1.5,
2.2, 2.3, 3.1 and 4.1 for the Republic of Bulgaria.

Article 3

Without prejudice to any Decisions granting aid under the
Sapard programme to individual beneficiaries, the rules for elig-
ibility of expenditure proposed by the Republic of Bulgaria by
letter of 3 July 2003 shall apply.

Done at Brussels, 14 August 2003.

For the Commission

Franz FISCHLER

Member of the Commission

(1) OJ L 253, 7.10.2000, p. 5.
(2) OJ L 27, 1.2.2003, p. 14.