2003/846/EC: Commission Decision of 5 December 2003 conferring management of aid implementing agencies for pre-accession measures in agriculture and rural development in Romania in the pre-accession period
Date: 2003-12-05
Institutions: European Commission
Subjects: EU programme, Romania, aid to agriculture, management, pre-accession strategy, rural development

L 321/62

EN

Official Journal of the European Union

6.12.2003

COMMISSION DECISION

of 5 December 2003

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

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(4)

(2003/846/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 Regu-
lation (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),
and in particular Article 4(5) and (6) thereof,

Whereas:

(1)

(2)

(3)

The special programme for agriculture and rural devel-
opment for Romania (hereinafter Sapard) was approved
by Commission decision of 12 December 2000 (3), as
last amended by Commission decision of 1 August
2003, in accordance with Article 4(5) and (6) of Regu-
lation (EC) No 1268/1999.

The Government of Romania and the Commission,
acting on behalf of the European Community, signed on
2 February 2001 the Multiannual Financing Agreement
legal and administrative
laying down the technical,
framework for the execution of Sapard, as last amended
by the Annual Financing Agreement for 2002, signed on
1 April 2003, which finally entered into force on 12
May 2003.

The Sapard Agency, a public institution with legal status,
under the responsibility of the Ministry of Agriculture,
Forests, Waters and Environment, has been appointed by
the competent authority of Romania for the implemen-
tation of some of the measures defined in Sapard. The
National Fund Department within the Ministry of Public
Finance has been appointed for the financial functions it
is due to perform in the framework of the implementa-
tion of Sapard.

(5)

(6)

(7)

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 2002/638/EC of 31 July 2002 conferring
management of aid on implementing agencies for pre-
accession measures in agriculture and rural development
in Romania in the pre-accession period (4) with regard to
certain measures provided for in Sapard.

The Commission has undertaken a further analysis
pursuant to Article 12(2) of Regulation (EC) No 1266/
1999 in respect of measure 3.1 ‘Investment in agri-
cultural holdings’, measure 3.4 ‘Development and diver-
sification of economic activities, multiple activities, alter-
native income’ and measure 4.1 ‘Improving of vocational
training’ as provided for in Sapard. The Commission
considers that, also with regard to those measures,
Romania 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
countries of central and eastern Europe in the pre-acces-
sion period (5), 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 referred to in Article 12(1) of Regulation
(EC) No 1266/1999 and to confer, with regard to
measures 3.1, 3.4 and 4.1, on the Sapard Agency and
on the Ministry of Public Finance, National Fund,
in
Romania the management of aid on a decentralised
basis.

However, since the verifications carried out by the
Commission for measures 3.1, 3.4 and 4.1 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
the Sapard programme on the
Sapard Agency and on the Ministry of Public Finance,
National Fund, 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. Regulation as last amended by Regu-

lation (EC) No 696/2003 (OJ L 99, 17.4.2003, p. 24).

(3) C(2000) 3742 final.

(4) OJ L 206, 3.8.2002, p. 31.
(5) OJ L 253, 7.10.2000, p. 5. Regulation as last amended by Regu-

lation (EC) No 188/2003 (OJ L 27, 1.2.2003, p. 14).

6.12.2003

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Official Journal of the European Union

L 321/63

(8)

(9)

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

On 22 July 2003 the Romanian authorities proposed the
rules for eligibility of expenditure in accordance with
Article 4(1) of Section B of the Multiannual Financing
Agreement. This list was partially modified by letter
dated 22 September 2003. 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 measures 3.1, 3.4 and 4.1
by Romania 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 Sapard Agency under

the Ministry of Agriculture,
Forests, Waters and Environment of Romania, Negustori
Street 1 B, Sector 2, Bucharest, for the implementation of
measure 3.1 ‘Investment in agricultural holdings’, measure
3.4 ‘Development and diversification of economic activities,
multiple activities, alternative income’ and measure 4.1
as defined in the
‘Improving of vocational

training’

programme for agriculture and rural development that was
approved by Commission Decision C(2000) 3742 final on
12 December 2000, as last amended by the Commission
decision adopted on 1 August 2003.

2. The National Fund within the Ministry of Public Finance,
Apolodor Street 17, Sector 5, RO 70663 Bucharest, for the
financial functions it is due to perform in the framework of
the implementation of the Sapard programme for measures
3.1, 3.4 and 4.1 for Romania.

Article 3

Expenditure pursuant to this Decision shall be eligible for Com-
munity co-financing 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, where this date shall be 12
December 2000, provided in all cases it has not been paid by
the Sapard Agency prior to the date of this Decision.

Article 4

Without prejudice to any decisions granting aid under Sapard
to individual beneficiaries, the rules for eligibility of expendi-
ture proposed by Romania by letter No 1015 of 22 July 2003
and, registered in the Commission under No 19976, as modi-
fied by letter No 11012 of 22 September 2003 and registered
in the Commission under No 26843, shall apply.

Done at Brussels, 5 December 2003.

For the Commission

Franz FISCHLER

Member of the Commission