Commission Regulation (EC) No 2121/2004 of 13 December 2004 amending Regulation (EC) No 1727/1999 laying down certain detailed rules for the application of Council Regulation (EEC) No 2158/92 on protection of the Community's forests against fire and Regulation (EC) No 2278/1999 laying down certain detailed rules for the application of Council Regulation (EEC) N) 3528/86 on the protection of the Community’s forests against atmospheric pollution
Date: 2004-12-13
Institutions: European Commission
Subjects: EU financing, European forestry policy, air quality, environmental monitoring, financial regulation, fire protection, forest conservation, public institution

14.12.2004

EN

Official Journal of the European Union

L 367/17

COMMISSION REGULATION (EC) No 2121/2004

of 13 December 2004

amending Regulation (EC) No 1727/1999 laying down certain detailed rules for the application of
Council Regulation (EEC) No 2158/92 on protection of the Community's forests against fire and
Regulation (EC) No 2278/1999 laying down certain detailed rules for the application of Council
Regulation (EEC) N) 3528/86 on the protection of the Community’s forests against atmospheric
pollution

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

these national programmes,

of
the Commission shall
decide on the financial contributions to the eligible costs.

(3)

(4)

(5)

Having regard to the Treaty
Community,

establishing the European

the
Having regard to Regulation (EC) No 2152/2003 of
the Council of 17 November
European Parliament and of
forests and environmental
2003 concerning monitoring of
interactions in the Community (1), and in particular Article
14(5) thereof,

Whereas:

(1)

(2)

Regulation (EC) No 2152/2003 applies from 1 January
2003 and provides the basis to continue with an inte-
grated approach the measures previously carried out
under Council Regulation (EEC) No 3528/86 of 17
November 1986 on the protection of the Community’s
forests against atmospheric pollution (2) and Council
Regulation (EEC) No 2158/92 of 23 July 1992 on
protection of the Community's forests against fire (3). In
addition, Regulation (EC) No 2152/2003 has been estab-
lished to continue air pollution and fire-related forest
monitoring and study any further development of the
scheme in the future in order to address new environ-
mental issues of relevance for the Community.

Article 8(1) of Regulation (EC) No 2152/2003 stipulates
that the activities provided for in Articles 4, 5, 6(2) and
the Regulation shall be implemented
(3) and 7(2) of
under national programmes
to be drawn up by
Member States for a period of two years. According to
Article 8(5), on the basis of the national programmes
submitted, or on the basis of any approved adaptations

Article 14(1) of Regulation (EC) No 2152/2003 requires
Member States to designate the bodies competent
to
manage the activities included in the approved national
programmes. Thus, that Regulation explicitly delegates
implementation tasks to national bodies.

In the absence of a Commission Regulation laying down
the detailed rules for the implementation of Regulation
(EC) No 2152/2003,
the provisions of Commission
Regulations (EEC) 1696/87 of 10 June 1987 laying
down certain detailed rules for the implementation of
Council Regulation (EEC) No 3528/86 on the protection
of the Community's forests against atmospheric pollution
(inventories, network, reports) (4), (EC) No 804/94 of 11
April 1994 laying down certain detailed rules for the
application of Council Regulation (EEC) No 2158/92 as
(EC) No
regards
1091/94 of 29 April 1994 laying down certain
detailed rules for the implementation of Council Regu-
the
lation (EEC) No 3528/86 on the protection of
Community's forests against atmospheric pollution (6),
(EC) No 1727/1999 (7) and (EC) No 2278/1999 (8) are
still applicable,
in so far as they are not incompatible
with Regulation (EC) No 2152/2003.

fire information systems (5),

forest

to the general budget of

Certain provisions of Regulations (EC) No 1727/1999
and (EC) No 2278/1999 should, however, be brought
into line with Council Regulation (EC, Euratom) No
1605/2002 of 25 June 2002 on the Financial Regulation
the European
applicable
Communities (9),
and
Article 56 thereof, and Commission Regulation (EC,
Euratom) No 2342/2002 of 23 December 2002 laying
down detailed rules for the implementation of Council
Regulation (EC, Euratom) No 1605/2002 on the
Financial Regulation applicable to the general budget of
the European Communities (10).

in particular Article 54(2)(c)

(1) OJ L 324, 11.12.2003, p. 1. Regulation as last amended by Regu-

lation (EC) No 2278/1999 (OJ L 279, 29.10.1999, p. 3).

(4) OJ L 161, 22.6.1987, p.1. Regulation as last amended by Regu-

lation (EC) No 788/2004 (OJ L 138, 30.4.2004, p. 17).

(2) OJ L 326, 21.11.1986, p. 2. Regulation as last amended by Regu-
lation (EC) 804/2002 of the European Parliament and of the Council
(OJ L 132, 17.5.2002, p. 1).

(3) OJ L 217, 31.7.1992, p. 3. Regulation as last amended by Regu-
lation (EC) No 805/2002 of the European Parliament and of the
Council (OJ L 132, 17.5.2002, p. 3).

(5) OJ L 93, 12.4.1994, p. 11.
(6) OJ L 125, 18.5.1994, p. 1. Regulation as last amended by Regu-

lation (EC) No 2278/1999 (OJ L 279, 29.10.1999, p. 3).

(7) OJ L 203, 3.8.1999, p. 41.
(8) OJ L 279, 29.10.1999, p. 3.
(9) OJ L 248, 16.9.2002, p. 1.
(10) OJ L 357, 31.12.2002, p. 1.

L 367/18

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Official Journal of the European Union

14.12.2004

(6)

(7)

(8)

(9)

Prior analysis has disclosed that the delegation of budget
implementation tasks in accordance with Article 54(2)(c)
of Regulation (EC, Euratom) No 1605/2002 to national
public-sector bodies or bodies governed by private law
satisfies the requirements of sound financial management
and ensures compliance with the principle of non-discri-
mination and the visibility of Community action.

to be
Criteria for the selection of bodies competent
designated by the Member States according to Regulation
(EC) No 2152/2003 should be introduced into Regu-
lations (EC) No 1727/1999 and (EC) No 2278/1999
together with provisions ensuring compliance with the
requirements of a sound financial management and full
respect of the principles of non-discrimination and trans-
parency.

Regulations (EC) No 1727/1999 and (EC) No 2278/1999
should therefore be amended accordingly.

The measures provided for in this Regulation are in
accordance with the opinion of the Standing Forestry
Committee,

HAS ADOPTED THIS REGULATION:

(d)

they shall ensure the transparency of the operations
carried out in accordance with Article 56(1)(a) to (e)
of Regulation (EC, Euratom) No 1605/2002.

3.
In addition to meeting the criteria set out in paragraph
2 the private-law entities referred to in point (a) of that
paragraph shall provide proof of the following:

(a)

their technical and professional capacity, on the basis of
the educational and profes-
documentary evidence of
sional qualifications of the members of their managerial
staff;

statements

from banks or

(b) their economic and financial capacity, on the basis of
appropriate
evidence of
relevant professional risk indemnity insurance or a state
guarantee, or balance sheets, or extracts from balance
sheets, covering at least the last two years for which
accounts have been closed, where publication of
the
balance sheet
is required under the company law of
the country in which the entity is established;

Article 1

(c)

In Regulation (EC) No 1727/1999 the following Article 2a is
inserted:

‘Article 2a

the Council (*)

1.
The competent bodies designated by the Member States
under Article 14 of Regulation (EC) No 2152/2003 of the
European Parliament and of
in order to
manage the activities included in the approved national
programmes shall comply with the rules laid down in the
Council Regulation (EC, Euratom) No 1605/2002 (**) and
Commission Regulation (EC, Euratom) No 2342/2002 (***)
as well as with the provisions laid down in the present
Regulation.

2.
In particular, the bodies referred to in paragraph 1,
hereinafter referred to as the ‘competent bodies’, shall meet
at least the following criteria:

(a)

(b)

they shall be national public-sector bodies or private-law
entities with a public-service mission, provided that they
are governed by the law of one of the Member States;

they shall offer adequate financial guarantees,
preferably by a public authority,
recovery
full
regards
Commission;

issued
in particular as
the

amounts

due

to

of

(c)

they shall operate according to the requirements of
sound financial management;

law to perform the
their competence under national
budget-implementation
for
tasks,
example documentary evidence of their enrolment in a
professional or trade register or a sworn declaration or
certificate, membership of a specific organisation, express
authorisation or entry in VAT register;

attested

by

as

(d) that they are not in one of the situations listed in Articles

93 and 94 of Regulation (EC) No 1605/2002.

4.
The Commission shall conclude an agreement with the
competent bodies in conformity with Articles 56 of Regu-
lation (EC, Euratom) No 1605/2002 and Articles 35 and 41
of Regulation (EC, Euratom) No 2342/2002.

5.
The competent bodies shall conduct regular checks to
ensure that the actions to be financed under Regulation (EC)
No 2152/2003 have been implemented correctly. They shall
take appropriate measures to prevent irregularities and fraud
and if necessary bring prosecutions to recover funds lost,
wrongly paid or incorrectly used.

The competent bodies shall provide the Commission
requests. The Commission can
into their
in accordance

6.
with any information it
carry out document and on-the-spot checks
existence, relevance and proper operation,
with the rules of sound financial management.

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Official Journal of the European Union

L 367/19

The competent bodies shall be the intermediary to
7.
whom the Community contribution is paid, and where the
accounts and records of the receipt and payment of that
contribution in support of
the national programme are
invoices and documents of a similar
held,
probative value to support the direct and indirect costs of
the programme.
___________

including all

(*) OJ L 324, 11.12.2003, p. 1.
(**) OJ L 248, 16.9.2002, p. 1.
(***) OJ L 357, 31.12.2002, p. 1.’

Article 2

Regulation (EC) No 2278/1999 is amended as follows. The
following Article 2a is inserted:

‘Article 2a

the Council (*)

1.
The competent bodies designated by the Member States
under Article 14 of Regulation (EC) No 2152/2003 of the
European Parliament and of
in order to
manage the activities included in the approved national
programmes shall comply with the rules laid down in the
Council Regulation (EC, Euratom) No 1605/2002 (**) and
Commission Regulation (EC, Euratom) No 2342/2002 (***)
as well as with the provisions laid down in the present
Regulation.

2.
In particular, the bodies referred to in paragraph 1,
hereinafter referred to as the ‘competent bodies’, shall meet
at least the following criteria:

(a)

(b)

they shall be national public-sector bodies or private-law
entities with a public-service mission, provided that they
are governed by the law of one of the Member States;

they shall offer adequate financial guarantees,
preferably by a public authority,
regards
recovery
full
Commission;

issued
in particular as
the

amounts

due

to

of

statements

from banks or

(b) their economic and financial capacity, on the basis of
appropriate
evidence of
relevant professional risk indemnity insurance or a state
guarantee, or balance sheets, or extracts from balance
sheets, covering at least the last two years for which
accounts have been closed, where publication of
the
balance sheet
is required under the company law of
the country in which the entity is established;

(c)

law to perform the
their competence under national
budget-implementation
for
tasks,
example documentary evidence of their enrolment in a
professional or trade register or a sworn declaration or
certificate, membership of a specific organisation, express
authorisation or entry in VAT register;

attested

by

as

(d) that they are not in one of the situations listed in Articles

93 and 94 of Regulation (EC) No 1605/2002.

4.
The Commission shall conclude an agreement with the
competent bodies in conformity with Articles 56 of Regu-
lation (EC, Euratom) No 1605/2002 and Articles 35 and 41
of Regulation (EC, Euratom) No 2342/2002.

5.
The competent bodies shall conduct regular checks to
ensure that the actions to be financed under Regulation (EC)
No 2152/2003 have been implemented correctly. They shall
take appropriate measures to prevent irregularities and fraud
and if necessary bring prosecutions to recover funds lost,
wrongly paid or incorrectly used.

The competent bodies shall provide the Commission
requests. The Commission can
into their
in accordance

6.
with any information it
carry out document and on-the-spot checks
existence, relevance and proper operation,
with the rules of sound financial management.

(c)

they shall operate according to the requirements of
sound financial management;

(d)

they shall ensure the transparency of the operations
carried out in accordance with Article 56(1)(a) to (e)
of Regulation (EC, Euratom) No 1605/2002.

7.
The competent bodies shall be the intermediary to
whom the Community contribution is paid, and where the
accounts and records of the receipt and payment of that
the national programme are
contribution in support of
held,
invoices and documents of a similar
probative value to support the direct and indirect costs of
the programme.

including all

3.
In addition to meeting the criteria set out in paragraph
2 the private-law entities referred to in point (a) of that
paragraph shall provide proof of the following:

(a)

their technical and professional capacity, on the basis of
documentary evidence of
the educational and profes-
sional qualifications of the members of their managerial
staff;

___________

(*) OJ L 324, 11.12.2003, p. 1.
(**) OJ L 248, 16.9.2002, p. 1.
(***) OJ L 357, 31.12.2002, p. 1.’

Article 3

This Regulation shall enter into force on the third day of its
publication in the Official Journal of the European Union.

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14.12.2004

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

Done at Brussels, 13 December 2004.

For the Commission

Stavros DIMAS
Member of the Commission