2004/308/EC: Commission Decision of 2 April 2004 conferring management of aid on implementing agencies for a preaccession measure in agriculture and rural development in the Republic of Slovenia in the preaccession period
Date: 2004-04-02
Institutions: European Commission
Subjects: EU aid, Slovenia, accession negotiations, aid to agriculture, rural development

3.4.2004

EN

Official Journal of the European Union

L 99/59

COMMISSION DECISION

of 2 April 2004

conferring management of aid on implementing agencies for a preaccession measure in agriculture
and rural development in the Republic of Slovenia in the preaccession period

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(4)

(2004/308/EC)

Having regard to 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 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 preaccession measures
for agriculture and rural development in the applicant countries
of central and eastern Europe in the preaccession 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 Slovenia (herein-
after ‘Sapard’) was approved by Commission Decision of
27 October 2000 (3), and last amended by Commission
Decision of 24 November 2003 in accordance with
Article 4(5) of Regulation (EC) No 1268/1999.

The Government of the Republic of Slovenia and the
Commission, acting on behalf of the European Com-
munity, signed on 5 March 2001 the Multiannual Finan-
legal and
cing Agreement laying down the technical,
administrative framework for the implementation of the
Sapard programme, as last amended by the Annual
Financing Agreement for 2003, which finally entered
into force on 11 November 2003.

A Sapard agency, the Agency of the Republic of Slovenia
for Agricultural Markets and Rural Development, has
been appointed by the competent authority of
the
Republic of Slovenia for the implementation of some of
the measures defined in Sapard. National Fund of the
Ministry of Finance,, has been appointed for the financial
functions it is due to perform in the framework of the
implementation of 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 2001/820/EC of 19 November 2001 confer-
ring management of aid on implementing agencies for
preaccession measures in agriculture and rural develop-
ment in the Republic of Slovenia in the preaccession
period (4) with regard to certain measures provided for
in Sapard.

The Commission has since undertaken a further analysis
under Article 12(2) of Regulation (EC) No 1266/1999 in
respect of measure 5 ‘Technical Assistance’ (hereinafter
‘measure 5’) as provided for in Sapard. The Commission
considers that, also with regard to that measure, the
Republic of Slovenia complies with the provisions of
Articles 4 to 6 to and the Annex to Commission Regu-
lation (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 preac-
cession measures for agriculture and rural development
in the applicant countries of central and eastern Europe
in the preaccession 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 5, on the Agency of the Republic of Slovenia
for Agricultural Markets and Rural Development, and on
the National Fund in the Republic of Slovenia,
the
management of aid on a decentralised basis.

Since the verifications carried out by the Commission
for measure 5 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 Sapard on
the Agency of the Republic of Slovenia for Agricultural
Markets and Rural Development, and on the 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) 3138 final.

(4) OJ L 307, 24.11.2001, p. 25.
(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).

L 99/60

EN

Official Journal of the European Union

3.4.2004

(8)

(9)

Full conferral of management of 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 of the Republic of Slovenia for Agricultural
Markets and Rural Development and on the National
Fund have been implemented.

On 14 November 2001 the Slovene Authorities
proposed the rules for eligibility of expenditure in
accordance with Article 4(1) of section B of the Multi-
annual Financing Agreement. This list was partially
modified by the letter of 21 August 2003. The Commis-
sion is called upon to take a decision in this respect.

(10) According to the second indent of Article 9(1) of Regu-
lation (EC) No 2222/2000 expenditure with regard to
technical assistance incurred by the beneficiary before
the date of the Commission decision conferring manage-
ment may be reimbursable. It is therefore appropriate to
fix the date as of which such expenditure may be reim-
bursed,

HAS DECIDED AS FOLLOWS:

Article 2

Management of Sapard is conferred on a provisional basis to:

1. the Agency of the Republic of Slovenia for Agricultural
Markets and Rural Development,
located at Dunajska Str.
160, 1000 Ljublana, Republic of Slovenia for the implemen-
tation of measure 5 of Sapard as defined in the programme
for agriculture 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 Slovenia, located at Beethovnova Str. 11, 1502
Lubljana, Republic of Slovenia, for the financial functions it
is due to perform in the framework of the implementation
of Sapard for measure 5 for the Republic of Slovenia.

Article 3

Expenditure within measure 5 shall be eligible for Community
co-finance from 27 October 2000, provided in all cases it has
not been paid by the Sapard agency prior to the date of adop-
tion of this decision.

Article 4

Without prejudice to any decision granting aid under Sapard to
individual beneficiaries, the rules for eligibility of expenditures
concerning measure 5 as proposed by the Republic of Slovenia
in the letter of 21 August 2003, registered in the Commission
under No AGR A/29346 shall apply.

Article 1

Done at Brussels, 2 April 2004.

The requirement of ex ante approval by the Commission of
project selection and contracting for measure 5 by the Republic
of Slovenia provided for in Article 12(1) of Regulation (EC) No
1266/1999 is hereby waived.

For the Commission

Franz FISCHLER

Member of the Commission