2004/143/EC: Commission Decision of 13 February 2004 conferring management of aid on implementing agencies for pre-accession measures in agriculture and rural development in the Republic of Estonia in the pre-accession period
Date: 2004-02-13
Institutions: European Commission
Subjects: EU aid, Estonia, accession to the European Union, aid system, aid to agriculture, rural development

L 46/40

EN

Official Journal of the European Union

17.2.2004

COMMISSION DECISION

of 13 February 2004

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

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(4)

(2004/143/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,

(5)

Whereas:

(1)

(2)

(3)

The special accession programme for agriculture and
rural development for the Republic of Estonia (herein-
after Sapard) was approved by Commission Decision of
17 November 2000 (3), and as last amended by Commis-
sion Decision of 19 December 2002 in accordance with
Article 4(5) of Regulation (EC) No 1268/1999.

The government of the Republic of Estonia and the
Commission, acting on behalf of the European Com-
munity, signed on 25 January 2001 the Multiannual
legal
Financing Agreement laying down the technical,
and administrative framework for the execution of the
Sapard programme, as last amended by the Annual
Financing Agreement for 2003, signed on 9 December
2003 which finally entered into force on 11 December
2003.

A Sapard agency, within the Agricultural Registers and
Information Board, has been appointed by the compe-
tent authority of the Republic of Estonia for the imple-
mentation 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.

(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 2001/461/EC of 15 June 2001 conferring
management of aid on implementing agencies for pre-
accession measures in agriculture and rural development
in the Republic of Estonia in the pre-accession period (4)
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 6 ‘renovation and development of
villages’ (hereinafter measure 6) as provided for in the
Sapard. The Commission considers that, also with regard
to that measure, the Republic of Estonia 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-accession 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 provided for in Article 12(1) of Regulation
(EC) No 1266/1999 and to confer, with regard to
measure 6, on the Agricultural Registers and Information
Board, and on the National Fund in the Republic of
Estonia, the management of aid on a decentralised basis.

However, since the verifications carried out by the
Commission for measure 6 are based on a system that is
not yet
fully operational with regard to all relevant
elements, it is appropriate to confer the management of
the Sapard on the Agricultural Registers and Information
Board, and on the National Fund, on a provisional basis,
according to Article 3(2) of Regulation (EC) No 2222/
2000.

(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) 3321 final.

(4) OJ L 162, 19.6.2001, p. 19.
(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).

17.2.2004

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Official Journal of the European Union

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(8)

(9)

Full conferral of management of the Sapard is only envi-
saged after further verifications have been carried out to
ensure that the system operates satisfactorily and after
any recommendations which the Commission may issue,
with regard to the conferral of management of aid on
the Agricultural Registers and Information Board and on
the National Fund, have been implemented.

On 16 October 2003 the Estonian 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 6 by the Republic
of Estonia 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 Agricultural Registers and Information Board in its role
located at
as Sapard Agency of the Republic of Estonia,
Narva mnt. 3, EE-51009 Tartu, for the implementation of

measure 6 of the Sapard as defined in the Programme for
Agricultural and Rural Development that was approved by
the abovementioned Commission Decision; and

2. the National Fund within the Ministry of Finance of the
Republic of Estonia, located at 1, Suur-Ameerika, EE-15006
Tallinn, for the financial functions it is due to perform in
the framework of the implementation of the Sapard for
measure 6 for the Republic of Estonia.

Article 3

Without prejudice to any decision granting aid under the
Sapard to individual beneficiaries, the rules for eligibility of
expenditure concerning measure 6 as proposed by the Republic
of Estonia in the operational manual sent to the Commission
on 16 October 2003 and registered in the Commission under
number AGR A/34972 shall apply.

Done at Brussels, 13 February 2004.

For the Commission

Franz FISCHLER

Member of the Commission