2006/657/EC: Commission Decision of 29 September 2006 conferring management of aid on implementing agencies for pre-accession measures in agriculture and rural development in Bulgaria in the pre-accession period
Date: 2006-09-29
Institutions: European Commission
Subjects: Bulgaria, accession to the European Union, aid programme, aid to agriculture, management, rural development

30.9.2006

EN

Official Journal of the European Union

L 271/81

COMMISSION DECISION

of 29 September 2006

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

(2006/657/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

signed on 12 February 2001, 19 February 2002, 4 April
2003, 23 July 2003, 14 April 2005 and 11 January
2006 respectively.

(3)

(4)

(5)

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 3906/1989 (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)

(2)

The Special Accession Programme for Agriculture and
Rural Development for the Republic of Bulgaria (here-
inafter ‘Sapard’) was approved by Commission Decision
of 20 October 2000 (3), and amended by Commission
Decision of 5 July 2006 in accordance with Article 4(5)
of Regulation (EC) No 1268/1999.

acting on behalf of

The government of the Republic of Bulgaria and the
the Community,
Commission,
on 18 December 2000 the Multiannual
signed
Financing Agreement
legal
and administrative framework for the execution of the
Sapard, amended by the Annual Financing Agreements
for the years 2000, 2001, 2002, 2003, 2004 and 2005,

laying down the technical,

A Sapard-Agency has been appointed by the competent
authority of the Republic of Bulgaria for the implemen-
tation of some of the measures defined in the Sapard.
The Ministry of Finance, National Fund Directorate, has
been appointed for the financial functions it is due to
perform in the framework of the implementation of the
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-
lation (EC) No 1266/1999, the Commission adopted the
Decision 2001/380/EC of 14 May 2001 (4) and the
Decision 2003/614/EC of 14 August 2003 (5) conferring
management of aid on implementing agencies for pre-
accession measures in agriculture and rural development
in the Republic of Bulgaria in the pre-accession period
with regard to certain measures provided for in the
Sapard.

The Commission has since undertaken a further analysis
under Article 12(2) of Regulation (EC) No 1266/1999 in
respect of measure 1.3 ‘Development of environmentally
friendly agricultural practices and activities’, as provided
for in the Sapard. The Commission considers that, also
with regard to this measure, the Republic of Bulgaria
complies with the provisions of Articles 4 to 6 and of
the Annex
(EC) No
2222/2000 of 7 June 2000 laying down financial rules
the application of Council Regulation (EC) No
for
for pre-accession
1268/1999 on Community support
measures for agriculture and rural development in the
applicant countries of central and eastern Europe in the
the minimum
pre-accession
conditions set out in the Annex to Regulation (EC) No
1266/1999.

to Commission Regulation

and with

period (6)

(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 2112/2005 (OJ L 344, 27.12.2005, p. 23).

(4) OJ L 102, 18.4.2002, p. 32.
(5) OJ L 213, 23.8.2003, p. 10.
(6) OJ L 253, 7.10.2000, p. 5. Regulation as last amended by Regu-

(3) C(2000) 3058 final.

lation 1052/2006 (OJ L 189, 12.7.2006, p. 3).

L 271/82

EN

Official Journal of the European Union

30.9.2006

(6)

(7)

(8)

(9)

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 1.3. on the State Fund Agriculture and on the
Ministry of Finance, National Fund Directorate in the
Republic of Bulgaria, the management of aid on a de-
centralised basis.

Since the verifications carried out by the Commission for
measure 1.3. 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 the Sapard
on the State Fund Agriculture and on the Ministry of
Finance, National Fund Directorate, according to Article
3(2) of Regulation (EC) No 2222/2000, on a provisional
basis.

The rules for the eligibility of expenditures are provided
for in the Sapard.

Full conferral of management of
the Sapard is only
envisaged 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 State Fund Agriculture and on the Ministry of
Finance, National Fund Directorate, have been imple-
mented,

of environmentally friendly agricultural practices and activities’
by the Republic of Bulgaria provided for in Article 12(1) of
Regulation (EC) No 1266/1999 is hereby waived.

Article 2

Management of the Sapard is conferred on a provisional basis
on:

1. the State Fund Agriculture (Sapard Agency) located at 136
Tzar Boris III Boulevard, 1618 Sofia, Bulgaria, for the imple-
mentation of the measure 1.3 of the Sapard as defined in the
Programme for Agricultural and Rural Development that was
approved by Commission Decision of 20 October 2000; and

2. the Ministry of Finance, National Fund Directorate, located at
102 Rakovski Street, 1040 Sofia, Bulgaria, for the financial
functions it is due to perform in the framework of the
implementation of
the
Republic of Bulgaria.

the Sapard for measure 1.3 for

Article 3

Without prejudice to any decisions granting aid under the
Sapard to individual beneficiaries,
the rules for eligibility of
expenditure, as specified in the Sapard, shall apply.

HAS DECIDED AS FOLLOWS:

Done at Brussels, 29 September 2006.

Article 1

The requirement of ex ante approval by the Commission of
project selection and contracting for measure 1.3 ‘Development

For the Commission

Mariann FISCHER BOEL
Member of the Commission