Corrigendum to Commission Decision 2004/385/EC of 27 April 2004 conferring management of aid on implementing agencies for preaccession measures in agriculture and rural development in Hungary in the preaccession period (OJ L 144, 30.4.2004)
Date: 2004-06-07
Institutions: European Commission
Subjects: EU aid, EU programme, Hungary, accession to the European Union, aid system, aid to agriculture, public institution, rural development

L 199/38

EN

Official Journal of the European Union

7.6.2004

Corrigendum to Commission Decision 2004/385/EC of 27 April 2004 conferring management of aid on imple-
menting agencies for preaccession measures in agriculture and rural development in Hungary in the preacces-
sion period

(Official Journal of the European Union L 144 of 30 April 2004)

Decision 2004/385/EC should read as follows:

COMMISSION DECISION

of 27 April 2004

conferring management of aid on implementing agencies for preaccession measures in agriculture
and rural development in Hungary in the preaccession period

(2004/385/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Com-
munity,

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,

Whereas:

(1)

(2)

(3)

The Special Programme for Agriculture and Rural Devel-
opment for Hungary (hereinafter Sapard) was approved
by Commission decision of 18 October 2000 (3), as last
amended by Commission decision of 25 February 2004,
in accordance with Article 4(5) and (6) of Regulation
(EC) No 1268/1999.

The Government of Hungary and the Commission,
acting on behalf of the European Community, signed on
1 March 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 2003, signed on
28 July 2003, which finally entered into force on 22
December 2003.

The Agriculture and Rural Development Agency (herein-
after ARDA), public institution with legal status, under
the subordination of the Ministry of Agriculture and
Rural Development has been appointed by the compe-

(4)

(5)

tent authority of Hungary for the implementation of
some of the measures defined in Sapard. The National
Fund within the Ministry of Finance has been appointed
for the financial functions it is due to perform in the
framework of the implementation of Sapard.

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 2002/927/EC of 26 November 2002 confer-
ring management of aid on implementing agencies for
preaccession measures in agriculture and rural develop-
in Hungary in the preaccession period (4) with
ment
regard to certain measures provided for in Sapard.

The Commission has undertaken a further analysis under
Article 12(2) of Regulation (EC) No 1266/1999 in
respect of measure 1305 ‘Renovation and development
of villages and the protection and conservation of rural
heritage’ and measure 1306 ‘Development and diversifi-
cation of economic activities providing for multiple
activities and alternative income’ (hereinafter measures
1305 and 1306) as provided for
in Sapard. The
Commission considers that, also with regard to those
measures, Hungary complies with the provisions of Arti-
cles 4 to 6 and of the Annex to Commission Regulation
(EC) No 2222/2000 of 7 June 2000 laying down finan-
cial rules for the application of Council Regulation (EC)
No 1268/1999 on Community support for preaccession
measures for agriculture and rural development in the
applicant countries of central and eastern Europe in the
preaccession period (5), and with the minimum condi-
in the Annex to Regulation (EC) No
tions set out
1266/1999.

(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) 2738 final.

(4) OJ L 322, 27.11.2002, p. 51.
(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).

7.6.2004

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Official Journal of the European Union

L 199/39

(6)

(7)

(8)

(9)

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 1305 and 1306 on the ARDA and on the
Ministry of Finance, National Fund,
in Hungary the
management of aid on a decentralised basis.

Since the verifications carried out by the Commission
for measures 1305 and 1306 are based on a system that
is not yet fully operating with regard to all relevant
elements,
the
management of Sapard on the ARDA and on the
National Fund according to Article 3(2) of Regulation
No 2222/2000, on a provisional basis.

therefore appropriate to confer

is

it

Full conferral of management of Sapard is only envi-
saged after further verification to ensure that the system
operates satisfactorily has been carried out and after any
recommendations
the Commission may issue, with
regard to the conferral of management of aid on the
ARDA and on the National Fund have been imple-
mented.

On 2 April 2004, the Hungarian 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 measures 1305 and 1306
by Hungary provided for in Article 12(1) of Regulation (EC) No
1266/1999 is hereby waived.

Management of Sapard is conferred on a provisional basis to:

Article 2

1. the ARDA under the subordination of the Ministry of Agri-
culture and Rural Development of Hungary, Alkotmány út
29, District V, Budapest,
implementation of
measures 1305 and 1306 as defined in the Programme for
Agriculture and Rural Development that was approved in
accordance with Commission Decision C(2000) 2738 final
of 18 October 2000, as last amended by the Commission
decision, adopted on 25 February 2004;

the

for

2. the National Fund within the Ministry of Finance in
Hungary, József Nádor tér 2-4., District V, Budapest, for the
financial functions it is due to perform in the framework of
the implementation of Sapard for measures 1305 and 1306
for Hungary.

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 18
October 2000, provided in all cases it has not been paid by the
ARDA 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 Hungary by letter of 2 April 2004 and regis-
tered in the Commission under No AGR A 11682 of 6 April
2004, shall apply.

Done at Brussels, 27 April 2004.

For the Commission

Franz FISCHLER

Member of the Commission