2006/298/EC: Commission Decision of  20 April 2006  conferring management of aid implementing agencies for pre-accession measures in agriculture and rural development in Romania in the pre-accession period
Date: 2006-04-22
Institutions: European Commission
Subjects: EU financing, EU programme, Romania, accession to the European Union, aid to agriculture, coordination of aid, management, rural development

22.4.2006

EN

Official Journal of the European Union

L 109/9

II

(Acts whose publication is not obligatory)

COMMISSION

COMMISSION DECISION

of 20 April 2006

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

(2006/298/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(2)

Having regard to the Treaty
Community,

establishing the European

Having regard to the Council Regulation (EC) No 1266/1999 of
21 June 1999 on co-ordinating aid to the applicant countries in
the framework of
the pre-accession strategy and amending
Regulation (EEC) No 3906/89 (1), and in particular Article
12(2) thereof,

Having regard to the Council Regulation (EC) No 1268/1999 of
for pre-accession
21 June 1999 on Community support
measures
in the
agriculture
applicant countries of central and eastern Europe in the pre-
accession period (2), and in particular Article 4(5) and (6)
thereof,

and rural development

for

Whereas:

(1)

The Special Programme for Agriculture and Rural Devel-
opment for Romania (hereinafter Sapard) was approved
by Commission Decision C(2000) 3742 final of 12
December 2000, as
amended by Commission
Decision C(2006) 1194 of 11 April 2006, in accordance
(EC)
with Article
No 1268/1999.

of Regulation

4(5)

and

last

(6)

The government of Romania and the Commission, acting
on behalf of
the European Community, signed on 2
February 2001 the Multi-Annual Financing Agreement
legal and administrative
laying down the technical,
last
framework for
as
Sapard,
amended by the Annual Financing Agreement
for
2004, signed on 12 May 2005, which finally entered
into force on 3 November 2005.

execution of

the

(3)

(4)

The SAPARD Agency, public institution with legal status,
in the subordination of
the Ministry of Agriculture,
Forests and Rural Development has been appointed by
the competent authority of Romania for the implemen-
tation of some of the measures defined in Sapard. The
National Fund Department within the Ministry of Public
Finance has been appointed for the financial functions it
is due to perform in the framework of the implemen-
tation 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 2002/638/EC of 31 July 2002 (3)
and
2003 (4)
2003/846/EC of
Decision
conferring management
implementing
of
agencies for pre-accession measures in agriculture and
in Romania in the pre-accession
rural development
period with regard to certain measures provided for in
Sapard.

5 December
on
aid

(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 2257/2004 (OJ L 389, 30.12.2004, p. 1).

(3) OJ L 206, 3.8.2002, p. 31.
(4) OJ L 321, 6.12.2003, p. 62.

L 109/10

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Official Journal of the European Union

22.4.2006

(5)

(6)

(7)

(8)

for

the

countryside’

and maintain

The Commission has undertaken a further analysis under
Article 12(2) of Regulation (EC) No 1266/1999 in
respect of measure 1.2 ‘Improving the structures for
quality, veterinary and plant-health controls,
the
quality of foodstuffs and consumer protection’; measure
3.2 ‘Setting-up producers’ groups’; measure 3.3 ‘Agri-
the
cultural production methods designed to protect
environment
and
measure 3.5 ‘Forestry’ as provided for in Sapard. The
Commission considers that, also with regard to those
measures, Romania complies with the provisions of
Articles 4 to 6 and of 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 pre-
accession measures for agriculture and rural development
in the applicant countries of central and eastern Europe
in the pre-accession period (1), and with the minimum
in the Annex to Regulation (EC)
conditions set out
No 1266/1999.

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
measure 1.2, measure 3.2, measure 3.3 and measure
3.5, on the SAPARD Agency and on the Ministry of
Public
the
management of aid on a decentralised basis.

Finance, National

in Romania

Fund,

However,
since the verifications carried out by the
Commission for measure 1.2, measure 3.2, measure
3.3 and measure 3.5 are based on a system that is not
yet fully operating with regard to all relevant elements, it
is therefore appropriate to confer the management of the
SAPARD Programme on the SAPARD Agency and on
the Ministry
Fund,
according to Article 3(2) of Regulation No 2222/2000,
on a provisional basis.

Finance, National

Public

of

the Sapard is only
Full conferral of management of
envisaged after further verifications,
in order to ensure
that the system operates satisfactorily, have been carried
out and after any recommendations the Commission
may issue, with regard to the conferral of management
of aid on the SAPARD Agency, in the subordination of
the Ministry of Agriculture, Forests, Waters and Envir-
onment
Finance,
and on the Ministry of Public
National Fund, have been implemented.

(9)

On 6 October 2005 the Romanian Authorities proposed
the rules for eligibility of expenditure for measure 1.2,

(1) 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).

measure 3.2 and measure 3.5, in accordance with Article
4(1) of Section B of
Financing
Agreement. The Commission is called upon to take a
decision in this respect. Concerning measure 3.3, the
rules for eligibility of expenditure are provided in the
Sapard,

the Multi-Annual

HAS DECIDED AS FOLLOWS:

Article 1

The requirement of ex-ante approval by the Commission of
project selection and contracting for measure 1.2, measure
3.2, measure 3.3 and measure 3.5 by Romania provided for
in Article 12(1) of Regulation (EC) No 1266/1999 is hereby
waived.

Article 2

Management of the SAPARD Programme is conferred on a
provisional basis to:

for

the

1. The SAPARD Agency under the Ministry of Agriculture,
Forests and Rural Development, 43 Ştirbei Vodă, Sector 1,
Bucharest,
of measure 1.2
implementation
‘Improving the structures for quality, veterinary and plant-
health controls, for the quality of foodstuffs and consumer
protection’; measure 3.2 ‘Setting-up producers’ groups’;
measure 3.3 ‘Agricultural production methods designed to
protect the environment and maintain the countryside’ and
measure 3.5 ‘Forestry’ as defined in the Programme for Agri-
that was approved by
culture and Rural Development
12
final
3742
Commission Decision C(2000)
December 2000, as last amended by Commission Decision
C(2006) 1194, adopted on 11 April 2006.

on

2. The National Fund within the Ministry of Public Finance, 44
Mircea Vodă Bulevard, Bucharest, for the financial functions
it is due to perform in the framework of the implementation
of the SAPARD programme for measure 1.2, measure 3.2,
measure 3.3 and measure 3.5 for Romania.

Article 3

Expenditure pursuant
to this Decision shall be eligible for
Community co-finance 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 12
December 2000, provided in all cases it has not been paid by
the SAPARD Agency prior to the date of this Decision.

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Official Journal of the European Union

L 109/11

Without prejudice to any decisions granting aid under the Sapard to individual beneficiaries, the rules for
eligibility of expenditure proposed by Romania by letter No 70832 of 22 September 2005 and registered in
the Commission under No 29071, shall apply.

Article 4

Done at Brussels, 20 April 2006.

For the Commission

Mariann FISCHER BOEL
Member of the Commission