2003/802/EC: Commission Decision of 14 November 2003 conferring management of aid on implementing agencies for preaccession measures in agriculture and rural development in the Republic of Poland in the preaccession period
Date: 2003-11-14
Institutions: European Commission
Subjects: EU aid, Poland, accession to the European Union, aid to agriculture, management, rural development

L 301/14

EN

Official Journal of the European Union

19.11.2003

II

(Acts whose publication is not obligatory)

COMMISSION

COMMISSION DECISION

of 14 November 2003

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

(2003/802/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,

Having regard to the 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 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)

The special accession programme for agriculture and
rural development for the Republic of Poland (herein-
after ‘Sapard’) was approved by Commission Decision of
18 October 2000 (4), and as last amended by Commis-
sion Decision of 1 August 2003 in accordance with
Article 4(5) of Regulation (EC) No 1268/1999.

The government of Poland and the Commission, acting
on behalf of the European Community, signed on 25
January 2001 the Multiannual Financing Agreement
legal and administrative
laying down the technical,
framework for the execution of the Sapard programme,

(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) 3040.

(3)

(4)

(5)

as last amended by the Annual Financing Agreement for
2003, signed on 4 June 2003 which finally entered into
force on 10 June 2003.

A Sapard agency has been appointed by the competent
authority of the Republic of Poland for the implementa-
tion 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
Decision 2002/539/EC of 2 July 2002 conferring
management of aid on implementing agencies for preac-
cession measures in agriculture and rural development
in the Republic of Poland in the preaccession 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 Measure 4 ‘Diversification of economic activ-
ities in rural areas’ (hereinafter ‘Measure 4’) as provided
for in the Sapard. The Commission considers that, also
with regard to that measure, the Republic of Poland
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

(5) OJ L 173, 3.7.2002, p. 41.

19.11.2003

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Official Journal of the European Union

L 301/15

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 (1), as last amended by Regulation (EC) No 188/
2003 (2), 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 4, on the Agency for Restructuring and Moder-
nisation of Agriculture, and on the National Fund in the
Republic of Poland, the management of aid on a decen-
tralised basis.

Since the verifications carried out by the Commission
for Measure 4 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 Agency for Restructuring and Modernisation of
Agriculture, and on the National Fund, according to
Article 3(2) of Regulation (EC) No 2222/2000, on a
provisional basis.

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 Agency for Restructuring and Modernisation of Agri-
culture, and on the National Fund, have been imple-
mented.

On 27 October 2003 the Polish 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,

(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 Measure 4 by the Republic
of Poland 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 Agency for Restructuring and Modernisation of Agricul-
ture in its role as Sapard agency of the Republic of Poland,
located at Al. Jana Pawła II nr 70, PL — 00 175 Warsaw,
for the implementation of Measure 4 of
the Sapard as
defined in the programme for agricultural and rural develop-
ment that was approved by the abovementioned Commis-
sion Decision; and

2. the National Fund within the Ministry of Finance of the
Republic of Poland, located at ul. S´ wie˛tokrzyska 12, PL —
00 916 Warsaw, for the financial functions it is due to
perform in the framework of the implementation of the
Sapard for Measure 4 for the Republic of Poland.

Article 3

Without prejudice to any decision granting aid under the
Sapard to individual beneficiaries, the rules for eligibility of
expenditures concerning Measure 4 as proposed by the
Republic of Poland in the operational manual sent
to the
Commission on 27 October 2003 and registered in the
Commission under number AGR A/36434 shall apply.

Done at Brussels, 14 November 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.