2004/26/EC: Commission Decision of 22 December 2003 on the Community's financial contribution to a programme for the control of organisms harmful to plants and plant products in the French overseas departments for 2003 (notified under document number C(2003) 4974)
Date: 2003-12-22
Institutions: European Commission
Subjects: EU financing, French overseas department and region, parasitology, plant disease, plant health treatment

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COMMISSION DECISION

of 22 December 2003

on the Community's financial contribution to a programme for the control of organisms harmful
to plants and plant products in the French overseas departments for 2003

(notified under document number C(2003) 4974)

(Only the French text is authentic)

(2004/26/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Having regard to Council Regulation (EC) No 1452/2001 of 28
June 2001 introducing specific measures for certain agricultural
products for the French overseas departments (1), amending
Directive 72/462/EEC and repealing Regulations (EEC) No 525/
77 and (EEC) No 3763/91 (Poseidom), as amended by Regu-
lation (EC) No 1782/2003 (2), and in particular Article 20(3),

Having regard to the programmes submitted by France for the
control of organisms harmful to plants or plant products in the
French overseas departments,

Whereas:

(1)

(2)

(3)

(4)

Commission Decision 93/522/EEC of 30 September
1993 on the definition of the measures eligible for Com-
munity financing in the programmes for the control of
organisms harmful to plants or plant products in the
French overseas departments,
in the Azores and in
Madeira (3), as last amended by the Commission Decision
96/633/EC (4), defines the measures eligible for Com-
munity financing under programmes for the control of
organisms harmful to plants and plant products in the
French overseas departments, the Azores and Madeira.

call

Specific growing conditions in the French overseas
attention; whereas
for particular
departments
measures concerning crop production, in particular plant
health measures, must be adopted or strengthened in
those regions.

The plant health measures to be adopted or strengthened
are particularly costly.

A programme of measures has been presented to the
Commission by the competent French authorities; this
programme specifies the objectives to be achieved, the
operations to be carried out, their duration and their
cost with a view to a possible Community financial
contribution.

(1) OJ L 198, 21.7.2001, p. 11.
(2) OJ L 270, 21.10.2003, p. 1.
(3) OJ L 251, 8.10.1993, p. 35.
(4) OJ L 283, 5.11.1996, p. 58.

(5)

(6)

(7)

(8)

According to Article 20(4) of Regulation (EC) No 1452/
2001 the Community's financial contribution may cover
up to 60 % of eligible expenditure, protective measures
for bananas being excluded.

In accordance with Article 3(2) of Council Regulation
(EC) No 1258/1999 (5), veterinary and plant health
measures undertaken in accordance with Community
rules shall be financed under the Guarantee section of
the European Agricultural Guidance and Guarantee
Fund. Financial control of these measures comes under
Articles 8 and 9 of the above Regulation.

The technical
information provided by France has
enabled the Standing Committee on Plant Health to
analyse the situation accurately and comprehensively.

The measures provided for in this Decision are in
accordance with the opinion of the Standing Committee
on Plant Health,

HAS ADOPTED THIS DECISION:

Article 1

A Community financial contribution to the official programme
for the control of organisms harmful
to plants and plant
products in the French overseas departments presented by
France for 2003 is hereby approved.

Article 2

The official programme shall consist of four subprogrammes:

1. a subprogramme of pest risk analysis for harmful organisms
relevant to the French overseas departments (Martinique,
Guadeloupe, Guyana, La Réunion);

(5) OJ L 160, 26.6.1999, p. 103.

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2. a subprogramme drawn up for the department of Marti-

Article 6

nique in three parts:
— plant health evaluation and diagnostics,
— control of organisms harmful to the tomato crop,
— set up of a database on phytosanitary practices;

3. a subprogramme drawn up for the department of Guade-

loupe in three parts;
— plant health evaluation and diagnostics,
— set up of a database on harmful organisms,
— rearing of entomophagous organisms;

4. a subprogramme drawn up for the department of Guyana in

two parts:
— plant health evaluation and diagnostics, good agri-

cultural practices,

— improvement of the knowledge required for the revision

of the legal framework in the phytosanitary field.

Article 3

The Community's financial contribution to the programme
presented by the French Republic in 2003 shall be 60 % of
expenditure related to eligible measures as defined by Commis-
sion Decision 93/522/EEC, with a maximum of EUR 227 400
(VAT excluded).

The schedule of programme costs and their financing is set out
as Annex I to this Decision.

The financial contribution by the Community shall be granted
provided that the implementation of the programme shall be in
conformity with the relevant provisions of Community law,
including rules of competition and on the award of public
contracts, and that no other Community contribution was or
will be asked for for these measures.

Article 7

1.
The actual expenditure incurred shall be notified to the
Commission broken down by type of action or subprogramme
in a way demonstrating the link between the indicative finan-
cial plan and expenditure actually incurred. Such notifications
may be in electronic form.

2.
The Commission may, on duly justified request of France,
adjust the financing plans within a limit of 15 % of the Com-
munity contribution to a subprogramme or measure for the
entire period, provided that the total amount of eligible costs
scheduled in the programme is not exceeded and that the main
objectives of the programme are not thereby compromised.

3.
All payments of aid granted by the Community under this
Decision shall be made to France, which will also be respon-
sible for repayment to the Community of any excess amount.

Article 4

Article 8

An advance of EUR 100 000 shall be paid to the French
Republic within 60 days of the publication of the present Deci-
sion.

France shall ensure compliance with the financial provisions,
with Community policies and the information to be supplied to
the Commission set out in Annex II.

Article 5

Article 9

1.
The eligibility period for the costs related to this project
shall start on 1 October 2003 and end on 30 September 2004.

This Decision is addressed to the French Republic.

2.
By derogation from paragraph 1, Community financing
shall be provided in respect of costs for which a duly justified
request
is
submitted by the competent official authorities to the Commis-
sion before 30 September 2004.

the deadline for payment

for an extension of

Done at Brussels, 22 December 2003.

3.
The period of execution of the actions may exceptionally
be extended only with the express written agreement of the
parties before the tasks have been completed.

For the Commission

David BYRNE

Member of the Commission

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ANNEX I

Financial table for 2003

EC contribution

National contribution

(in EUR)

Eligible expenditures
2003

51 000

75 000

49 200

52 200

34 000

50 000

32 800

34 800

Total

227 400

151 600

85 000

125 000

82 000

87 000

379 000

Pest risk analysis

Martinique

Guadeloupe

Guyana

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I. Provisions on the implementation of the programme — monitoring and assessment

ANNEX II

I. Monitoring Committee

1. Establishment

Independent of the financing of this action, a monitoring committee for the programme shall be set up,
composed of representatives of France and the Commission. It shall review implementation of the programme
regularly and, in appropriate cases, propose any adjustments required.

2. The Committee shall establish its own internal procedures within one month of the notification of the present

decision to France.

3. Competence of Monitoring Committee

The Committee:

— shall have as its general responsibility the satisfactory progress of the programme towards attainment of
the objectives set. Its competence shall embrace the programme measures within the limits of the Com-
munity aid granted. It shall keep watch with respect to the regulatory provisions, including those on elig-
ibility of operations and projects,

— shall, on the basis of information on the selection of projects already approved and implemented, reach an

opinion on application of the selection criteria set out in the programme,

— shall propose any action required to accelerate implementation of the programme should the information

furnished periodically by the interim monitoring and assessment indicators reveal a delay,

— shall give its opinion on the adjustments proposed to the Commission,

— shall issue an opinion on technical assistance projects scheduled in the programme,

— shall give its opinion on the final report,

— shall report during the relevant period to the Standing Committee on Plant Health on the progress of the

programme and expenditure incurred.

II. Monitoring and assessment of the programme during the implementation period (continuous monitoring and assessment)

1. The national agency responsible for implementation shall also be responsible for continuous monitoring and

assessment of the programme.

2. By continuous monitoring is meant an information system on the state of progress of the programme. Contin-
uous monitoring will cover the measures contained in the programme. It involves reference to the financial
and physical indicators structured so as to permit assessment of the correspondence between expenditure on
each measure and predefined physical indicators showing the degree of realisation.

3. Continuous assessment of a programme will involve analysis of the quantitative results of implementation on
the basis of operational, legal and procedural considerations. The purpose is to guarantee correspondence
between measures and programme objectives.

Implementation report and scrutiny of programme

4. France shall notify to the Commission, within one month of adoption of the programme, the name of the

authority responsible for compilation and presentation of the final implementation report.

The final report shall contain a concise evaluation of the entire programme (degree of achievement of physical
and qualitative objectives and of progress accomplished) and an assessment of the immediate phytosanitary
and economic impact.

The final report on the present programme will be presented by the competent authority to the Commission
on 15 October 2004 at the latest and shall thereafter be presented to the Standing Committee on Plant Health
as soon as possible after that date.

5. The Commission may jointly with France call in an independent assessor who shall, on the basis of the contin-
uous monitoring, carry out the continuous assessment referred to in point 3. He may submit proposals for
adjustment of the sub-programmes and/or measures, and amending the selection criteria for projects, etc., in
the light of difficulties encountered in the course of implementation. On the basis of monitoring of manage-
ment he shall give an opinion on the administrative measures to be taken.

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II. Compliance with Community policies

The programme shall be implemented in accordance with the provisions on coordination of and compliance with
Community policies. The following information must be supplied by France in the final report.

Protection of the environment

a) Ge ne r a l i nfor mati on:

— description of the main environmental features and problems of the region concerned, giving, inter alia, a

description of the important conservation areas (sensitive zones),

— a comprehensive description of the major beneficial and harmful effects that the programme, given the invest-

ments planned, is likely to have on the environment,

— a description of the action planned to prevent, reduce or offset any serious harmful effects on the environ-

ment,

— a report on consultations with the responsible environmental authorities (opinion of the Ministry for the

Environment or its equivalent) and, if there were any such consultations, with the public concerned.

b) Descr i pti on of p lanned ac ti viti es

For programme measures liable to have a significantly harmful effect on the environment:

— the procedures which will be applied for assessing individual projects during implementation of

the

programme,

— the mechanisms planned for monitoring environmental impact during implementation, assessing results and

eliminating, reducing or offsetting harmful effects.