Commission Regulation (EC) No 447/2004 of 10 March 2004 laying down rules to facilitate the transition from support under Regulation (EC) No 1268/1999 to that provided for by Regulations (EC) Nos 1257/1999 and 1260/1999 for the Czech Republic, Estonia, Latvia, Lithuania, Hungary, Poland, Slovenia and Slovakia
Date: 2004-03-10
Institutions: European Commission
Subjects: Czechia, EAGGF, Estonia, Hungary, Latvia, Lithuania, Poland, Slovakia, Slovenia, aid to agriculture, pre-accession aid, rural development

L 72/64

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Official Journal of the European Union

11.3.2004

COMMISSION REGULATION (EC) No 447/2004

of 10 March 2004

laying down rules to facilitate the transition from support under Regulation (EC) No 1268/1999 to
that provided for by Regulations (EC) Nos 1257/1999 and 1260/1999 for the Czech Republic,
Estonia, Latvia, Lithuania, Hungary, Poland, Slovenia and Slovakia

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

HAS ADOPTED THIS REGULATION:

Having regard to the Treaty establishing the European
Community,

Having regard to the Treaty of Accession of
the Czech
Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta,
Poland, Slovenia and Slovakia, and in particular Article 2(3)
thereof,

Article 1

Definition

For the purposes of this Regulation ‘new Member States’ means
the Czech Republic, Estonia, Latvia, Lithuania, Hungary,
Poland, Slovenia and Slovakia.

Having regard to the Act of Accession of the Czech Republic,
Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland,
Slovenia and Slovakia, and in particular Articles 32(5) and
33(5) thereof,

Article 2

Whereas:

(1)

(2)

(3)

Council Regulation (EC) No 1268/1999 (1)
introduced
Community support for pre-accession measures for agri-
culture and rural development in the applicant countries
of central and eastern Europe in the pre-accession period
(Sapard programme). That programme comprises a
series of measures to be supported after accession by
Council Regulation (EC) No 1257/1999 of 17 May 1999
on support for rural development from the European
Agricultural Guidance and Guarantee Fund (EAGGF) and
certain Regulations (2) or
amending and repealing
Council Regulation (EC) No 1260/1999 laying down
general provisions on the Structural Funds (3). To facili-
tate the transition between these two types of support,
the period during which commitments can be made to
beneficiaries under the Sapard programme should be
specified.

The conditions under which projects approved under
Regulation (EC) No 1268/1999 but which can no longer
be financed under that Regulation can be transferred to
rural development programming should be specified.

The measures provided for in this Regulation are in
accordance with the opinion of the Committee on Agri-
cultural Structures and Rural Development,

(1) 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).

(2) OJ L 160, 26.6.1999, p. 80. Regulation as last amended by the Act

of Accession of 2003.

(3) OJ L 161, 26.6.1999, p. 1. Regulation as last amended by Regu-

lation (EC) No 1105/2003 (OJ L 158, 27.6.2003, p. 3).

End of contracting period under Regulation (EC) No 1268/
1999

As regards measures which may be financed after acces-
1.
sion by the European Agricultural Guidance and Guarantee
Fund (EAGGF) Guarantee Section under Article 47a of Regu-
lation (EC) No 1257/1999,
the new Member States may
continue to contract or enter into commitments under Regu-
lation (EC) No 1268/1999 until the date of submission to the
Commission of the rural development plan.

2.
As regards measures or submeasures referred to in Article
2 of Regulation (EC) No 1268/1999 which may be financed
after accession by the European Agricultural Guidance and
Guarantee Fund (EAGGF) Guidance Section under Article 2(2)a
of Regulation (EC) No 1260/1999, the new Member States may
continue to contract or enter into commitments under Regu-
lation (EC) No 1268/1999 up to the date when they start to
contract or to enter into commitments for measures under
Regulation (EC) No 1260/1999.

Article 3

Financing of Sapard projects where appropriations have
been exhausted

For projects contracted from 2002 under the measures
1.
referred to in the fourth, seventh and 14th indents of Article 2
of Regulation (EC) No 1268/1999, expenditure
incurred
beyond 31 December 2006 may be included in the rural devel-
opment programming for the period 2004 to 2006 under
Regulation (EC) No 1257/1999 and financed by the EAGGF
Guarantee Section.

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Official Journal of the European Union

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Payments for projects for which appropriations under
2.
Regulation (EC) No 1268/1999 are exhausted or insufficient
may be included in rural development programming for the
period 2004 to 2006 under Regulation (EC) No 1257/1999
and financed by the EAGGF Guarantee Section.

The rules on eligibility of and checks on assistance under

4.
Regulation (EC) No 1268/1999 shall continue to apply.

The list of projects selected shall be drawn up by the new

5.
Member State concerned.

3. Where the new Member States apply paragraphs 1 and 2,
they shall
indicate the amounts corresponding to appropria-
tions committed in the financing table set out in Annex II to
Regulation (EC) No 141/2004 (1).

This Regulation shall enter into force subject to and on the
date of entry into force of the Treaty of Accession of the Czech
Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta,
Poland, Slovenia and Slovakia.

Article 4

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 10 March 2004.

For the Commission

Franz FISCHLER

Member of the Commission

(1) OJ L 24, 29.1.2004, p. 25.