2003/672/EC: Commission Decision of 24 September 2003 conferring management of aid on implementing agencies for preaccession measures in agriculture and rural development in the Republic of Latvia in the preaccession period
Date: 2003-09-24
Institutions: European Commission
Subjects: EU aid, EU programme, Latvia, farming sector, pre-accession strategy, rural development, technical cooperation

25.9.2003

EN

Official Journal of the European Union

L 238/37

COMMISSION DECISION

of 24 September 2003

conferring management of aid on implementing agencies for preaccession measures in agriculture
and rural development in the Republic of Latvia in the preaccession period

(2003/672/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 preaccession strategy and amending Regula-
tion (EEC) No 3906/89 (1), and in particular Article 12(2)
thereof,

Whereas:

(1)

(2)

(3)

(4)

The special programme for agriculture and rural devel-
opment for the Republic of Latvia (hereinafter ‘Sapard’)
was approved by Commission decision of 25 October
2000 (2), and last amended by Commission decision of
18 February 2003 in accordance with Article 4(5) of
Council Regulation (EC) No 1268/1999 of 21 June
1999 on Community support for preaccession measures
for agriculture and rural development in the applicant
countries of central and eastern Europe in the preacces-
sion period (3), as last amended by Regulation (EC) No
696/2003 (4).

The Government of
the Republic of Latvia and the
Commission, acting on behalf of the Community, signed
on 25 January 2001 the Multiannual Financing Agree-
ment laying down the technical, legal and administrative
framework for the execution of the Sapard programme,
amended by the Annual Financing Agreements
for
2001, signed on 11 February 2002, for 2002 signed on
4 February 2003, and for 2003 signed on 27 June
2003.

A Sapard agency has been appointed by the competent
authority of the Republic of Latvia for the implementa-
tion 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 2001/885/EC of 6 December 2001 conferring

management of aid on implementing agencies for preac-
cession measures in agriculture and rural development
in the Republic of Latvia in the preaccession period (5)
with regard to certain measures provided for in Sapard.

The Commission has since undertaken a further analysis
under Article 12(2) of Regulation (EC) No 1266/1999 in
respect of the measure ‘Technical assistance’ as provided
for in Sapard. The Commission considers that, also with
regard to those measures,
the Republic of Latvia
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 preaccession measures for
agriculture and rural development in the applicant coun-
tries of central and eastern Europe in the preaccession
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
supporting measure 2 ‘Technical assistance’, on the
Sapard agency and on the Ministry of Finance National
Fund in the Republic of Latvia, the management of aid
on a decentralised basis.

Since the verifications carried out by the Commission
for supporting measure 2 ‘Technical assistance’ 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.

Conferral of management of Sapard is only envisaged
after further verification to ensure that the system oper-
ates satisfactorily has 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.

(5)

(6)

(7)

(8)

(1) OJ L 161, 26.6.1999, p. 68.
(2) C(2000) 3097.
(3) OJ L 161, 26.6.1999, p. 87.
(4) OJ L 99, 17.4.2003, p. 24.

(5) OJ L 327, 12.12.2001, p. 45.
(6) OJ L 253, 7.10.2000, p. 5.
(7) OJ L 27, 1.2.2003, p. 14.

L 238/38

EN

Official Journal of the European Union

25.9.2003

(9)

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 supporting measure 2
‘Technical assistance’ by the Republic of Latvia provided for in
Article 12(1) of Regulation (EC) No 1266/1999 is hereby
waived.

Article 2

Management of the Sapard programme is conferred on a provi-
sional basis to:

1. the Agency for Rural Support Service of the Republic of
Latvia, Republikas Laukums 2, Riga LV 1981 for the imple-
mentation of supporting measure 2 ‘Technical assistance’ as

defined in the programme for agricultural and rural develop-
ment that was approved in accordance with Commission
Decision C(2000) 3097 of 25 October 2000;

and

2. the Ministry of Finance National Fund located at Smilšu Iela
1, Riga LV 1919, for the financial functions it is due to
perform in the framework of the implementation of Sapard
for supporting measure 2 ‘Technical assistance’
for the
Republic of Latvia.

Article 3

Expenditure within the measure ‘Technical assistance’ shall be
eligible for Community cofinance from 25 October 2000,
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, 24 September 2003.

For the Commission

Franz FISCHLER

Member of the Commission