2003/710/EC: Commission Decision of 9 October 2003 conferring management of aid on implementing agencies for preaccession measures in agriculture and rural development in the Republic of Lithuania in the preaccession period
Date: 2003-10-09
Institutions: European Commission
Subjects: Lithuania, accession to the European Union, aid to agriculture, management, rural development

10.10.2003

EN

Official Journal of the European Union

L 258/37

COMMISSION DECISION

of 9 October 2003

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

(2003/710/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Having regard to the 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
Regulation (EEC) No 3906/89 (1), and in particular Article
12(2) thereof,

Having regard to the Council Regulation (EC) No 1268/1999
for preaccession
of 21 June 1999 on Community support
measures for agriculture and rural development in the applicant
countries of central and eastern Europe in the preaccession
period (2), as last amended by Regulation (EC) No 696/2003 (3),
and in particular Article 4(5) and (6) thereof,

Whereas:

(1)

(2)

(3)

for

The Special Programme for agriculture and rural devel-
opment
the Republic of Lithuania (hereinafter
Sapard) was approved by Commission Decision of 27
November 2000 (4), as last amended by Decision of 9
September 2003, in accordance with Article 4(5) and (6)
of Regulation (EC) No 1268/1999.

The government of the Republic of Lithuania and the
Commission, acting on behalf of the European Commu-
nity, signed on 5 March 2001 the Multiannual Financing
Agreement laying down the technical, legal and adminis-
trative framework for the execution of Sapard, as last
amended by the Annual Financing Agreement for 2002,
signed on 17 February 2003 which finally entered into
force on 6 June 2003.

The National Paying Agency under the Ministry of Agri-
culture has been appointed by the competent authority
of the Republic of Lithuania for the implementation of
some of the measures defined in Sapard. The National
Fund Department within the Ministry of Finance has
been appointed for the financial functions it is due to
perform in the framework of the implementation of
Sapard.

(4)

On the basis of a case-by-case analysis of the national
and sectorial programme/project management capacity,
financial control procedures and structures regarding

(5)

(6)

(7)

public finance, as provided for in Article 12(2) of Regu-
lation (EC) No 1266/1999, the Commission adopted the
Decision 2001/857/EC of 26 November 2001 confer-
ring management of aid on implementing agencies for
preaccession measures in agriculture and rural develop-
ment in the Republic of Lithuania in the preaccession
period (5) with regard to certain measures provided for
in Sapard.

and

assistance,

information

The Commission has undertaken a further analysis under
Article 12(2) of Regulation (EC) No 1266/1999 in
respect of measure 5 ‘Afforestation of agricultural lands
and improvement of forest infrastructure’ and measure 8
‘Technical
publicity
campaigns’, as provided for in Sapard. The Commission
considers that, also with regard to those measures, the
Republic of Lithuania complies with the provisions of
Articles 4 to 6 and of the Annex to Commission Regula-
tion (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 preac-
cession measures for agriculture and rural development
in the applicant countries of central and eastern Europe
in the preaccession period (6), as last amended by Regula-
tion (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 5 and measure 8, on the National Paying
Agency under the Ministry of Agriculture and on the
National Fund Department within the Ministry of
Finance in the Republic of Lithuania, the management of
aid on a decentralised basis.

However, since the verifications carried out by the
Commission for measure 5 and measure 8 are based on
a system that is not yet fully operating with regard to all
relevant elements, it is therefore appropriate to confer
the management of Sapard on the National Paying
Agency under the Ministry of Agriculture and on the
National Fund Department within the Ministry of
Finance, according to Article 3(2) of Regulation (EC) No
2222/2000, on a provisional basis.

(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) 3329 final.

(5) OJ L 320, 5.12.2001, p. 44.
(6) OJ L 253, 7.10.2000, p. 5.
(7) OJ L 27, 1.2.2003, p. 14.

L 258/38

EN

Official Journal of the European Union

10.10.2003

(8)

(9)

Full conferral of management of Sapard is only envi-
saged after further verifications, in order to ensure that
the system operates satisfactorily, have been carried out
and after any recommendations the Commission may
issue, with regard to the conferral of management of aid
on the National Paying Agency under the Ministry of
Agriculture and on the National Fund Department
within the Ministry of Finance, have been implemented.

On 14 July 2003, the Lithuanian Authorities proposed
the rules for 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,

HAS DECIDED AS FOLLOWS:

Article 1

The requirement of ex ante approval by the Commission of
project selection and contracting for measure 5 and measure 8
by the Republic of Lithuania 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 National Paying Agency (Nacionalné Mokéjimo agen-
tura) under the Ministry of Agriculture of the Republic of
Lithuania, Gedimino pr. 19, LT-2025, Vilnius, Republic of
Lithuania, for the implementation of measure 5, ‘Afforesta-
tion of agricultural lands and improvement of forest infra-
structure’ and measure 8, ‘ Technical assistance, information
and publicity campaigns’, as defined in the Programme for
agricultural and rural development that was approved by

Commission Decision C(2000) 3329 final on 27 November
2000, as last amended by Commission Decision of 9
September 2003; and

2. The National Fund within the Ministry of Finance, J. Tumo-
vaižganto 8A/2, LT-2600, Vilnius, Republic of Lithuania, for
the financial functions it is due to perform in the framework
of
the Sapard Programme for
measures 5 and 8 for the Republic of Lithuania.

the implementation of

Article 3

Expenditure pursuant
to this Decision shall be eligible for
Community co-finance only if incurred by beneficiaries from
the date of this Decision, or if later, the date of the instrument
making them a beneficiary for the project in question, except
for feasibility and related studies and for technical assistance,
information and publicity campaigns, where this date shall be
27 November 2000, provided in all cases it has not been paid
this
by the National Paying Agency prior to the date of
Decision.

Article 4

Without prejudice to any decisions granting aid under the
Sapard Programme to individual beneficiaries, the rules for elig-
ibility of expenditure proposed by Lithuania by letter of 14 July
2003 shall apply.

Done at Brussels, 9 October 2003.

For the Commission

Franz FISCHLER

Member of the Commission