Article 1 Objectives
With a view to achieving the aims of the CAP, and to implementing the commitments taken at international level, a Community programme is hereby established for the period 2004 to 2006 to complement and promote, at Community level, the work undertaken in the Member States for the conservation, characterisation, collection and utilisation of genetic resources in agriculture.
Article 2 Scope
1. This Regulation shall apply to plant, microbial and animal genetic resources which are or could be of use in agriculture.
Article 3 Definitions
For the purpose of this Regulation, the following definitions shall apply: (a) ‘plant genetic resources’ means those of agricultural crops, horticultural crops, medicinal plants and aromatics, fruit crops, forest trees and wild flora which are or could be of use in the field of agriculture; (b) ‘animal genetic resources’ means those of farm animals (vertebrates and invertebrates) and wild fauna which are or could be of use in the field of agriculture; (c) ‘genetic material’ means any material of plant, microbial or animal origin, including reproductive and vegetative propagating material, containing functional units of heredity; (d) ‘genetic resources for agriculture’ means any genetic material of plant, microbial or animal origin of actual or potential value for agriculture; (e) ‘in situ conservation’ means the conservation of genetic material in ecosystems and natural habitats and the maintenance and recovery of viable populations of species or feral breeds in their natural surroundings and, in the case of domesticated animal breeds or cultivated plant species, in the farmed environment where they have developed their distinctive properties; (f) ‘in situ/on-farm conservation’ means ‘ in situ conservation and development’ at the level of the farm; (g) ‘ex situ conservation’ means the conservation of genetic material for agriculture outside their natural habitat; (h) ‘ex situ collection’ means a collection of genetic material for agriculture maintained outside their natural habitat; (i) ‘biogeographic region’ means a geographic region with typical characteristics regarding the composition and structure of the fauna and flora.
Article 4 Eligible actions
1. The Community programme referred to in Article 1 shall comprise targeted actions, concerted actions and accompanying actions, as specified in Articles 5, 6 and 7. 2. All actions carried out under the programme shall be in conformity with Community legislation on the phytostanitary, and animal health and zootechnical rules, on the marketing of seed and propagating material and on the common catalogue and shall take into account: (a) other activities undertaken at Community level; (b) relevant international processes, developments and agreements, in particular as regards: — the Convention on Biological Diversity, — the International Treaty on Plant Genetic Resources for Food and Agriculture, — the FAO's Global Plan of Action for the Conservation and Sustainable Utilisation of Plant Genetic Resources for Food and Agriculture and other actions undertaken within the framework of FAO, — the European Plant Conservation Strategy and the relevant resolutions of the Ministerial Conferences on the Protection of Forests in Europe, — the Global Strategy for the Management of Farm Animal Genetic Resources, and — programmes implemented under international frameworks such as the European Cooperative Programme for Crop Genetic Resources Networks (ECP/GR), the European regional focal point (ERFP) of national coordinators for the management of farm animal genetic resources, European Forest Genetic Resources Programme (Euforgen) and the Consultative Group on International Agricultural Research (CGIAR).
Article 5 Targeted actions
The targeted actions shall include: (a) actions promoting the ex situ and in situ conservation, characterisation, collection and utilisation of genetic resources in agriculture; (b) the establishment of a European decentralised, permanent and widely accessible web-based inventory of genetic resources currently conserved in situ including in situ/on-farm genetic resources conservation activities; (c) the establishment of a European decentralised, permanent and widely accessible web-based inventory of the ex situ collections (gene banks) and in situ facilities (resources) and databases currently available or being developed on the basis of national inventories; (d) the promotion of regular exchanges of technical and scientific information, in particular on the origins and individual characteristics of available genetic resources, among competent organisations in the Member States. The actions referred to in point (a) shall be transnational, taking into account, if appropriate, biogeographic regional aspects and promote or complement, at Community level, work implemented at regional or national level. They may not involve aid to maintain nature protection areas.
Article 6 Concerted actions
The concerted actions shall promote the exchange of information on thematic issues for the purpose of improving the coordination of actions and programmes for the conservation, characterisation, collection and utilisation of genetic resources in Community agriculture. They shall be transnational.
Article 7 Accompanying actions
The accompanying actions shall include information, dissemination and advisory actions involving the organisation of seminars, technical conferences, meetings with non-governmental organisations (NGOs) and other relevant stakeholders, training courses and the preparation of technical reports.
Article 8 Work programme
1. The Commission shall ensure the implementation of the Community programme on the basis of a work programme covering the period 2004 to 2006 established in accordance with the procedure referred to in Article 15(2) and subject to the availability of budgetary allocations. 2. The actions co-financed under the Community programme shall have a maximum duration of four years.
Article 9 Selection of actions
1. The Commission shall, within the work programme referred to in Article 8 and on the basis of calls for proposals for actions published in the C series of the Official Journal of the European Union , select the actions to be financed under the Community programme. 2. The calls for proposals shall cover the actions and areas referred to in Articles 5, 6 and 7 and in Annex I. The content of the calls for proposals shall be established in accordance with the procedure referred to in Article 15(2) and in compliance with the relevant Articles under Title VI of Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities ( 18 ). 3. Proposals for actions referred to in Articles 5, 6 and 7 may be submitted by a public sector body or any natural or legal person who is a national of a Member State and established in the Community, including gene banks, non-governmental organisations, breeders, technical institutes, experimental farms, gardeners and forest owners. Bodies or persons established in third countries may also submit proposals where this is provided for in Article 10. 5. Proposals for actions to be financed under the Community programme shall be selected on the basis of independent expert assessment. The independent experts shall be invited by the Commission in compliance with Article 57(2) of Regulation (EC, Euratom) No 1605/2002 and with Article 178 of 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 ( 19 ). 6. If necessary, detailed rules for the application of this Article shall be adopted in accordance with the procedure referred to in Article 15(2).
Article 10 Participation of third countries
The Community programme shall be open to the participation of: (a) EFTA/EEA countries in accordance with the conditions established in the EEA Agreement; (b) associated countries, in accordance with the conditions laid down in the respective bilateral agreements establishing the general principles for their participation in Community programmes.
Article 11 Grant agreement
1. After adoption of the selected actions, the Commission shall conclude grant agreements with the participants in these actions in compliance with the relevant Articles under Title VI of Regulation (EC, Euratom) No 1605/2002. The grant agreements shall set out detailed criteria for the reporting, dissemination, protection and exploitation of the results of the actions. 2. The Commission shall take the necessary steps, in particular by means of technical, administrative and accounting checks at the premises of the beneficiaries, to verify that the information and supporting documents supplied are accurate, and that all the obligations laid down in the grant agreement have been fulfilled.
Article 12 Technical assistance
1. In compliance with Article 57(2) of Regulation (EC, Euratom) No 1605/2002, the Commission may call on the assistance of scientific and technical experts for the implementation of the Community programme, including technical advice with regard to the preparation of calls for proposals, evaluation of technical and financial reports, monitoring, reporting and information purposes. 2. A service contract shall be signed as a result of a call for tender procedure in the field of public procurement in compliance with the relevant Articles under Title V of Regulation (EC, Euratom) No 1605/2002.
Article 13 Community contribution
1. The Community contribution to the actions referred to in Article 5 shall not exceed 50 % of the total cost of the action. 2. The Community contribution to the actions referred to in Articles 6 and 7 shall not exceed 80 % of the total cost of the action. 3. A Community contribution of up to 100 % of the total cost of the assistance referred to in Article 9(5) (assessment of proposals), Article 12 (technical assistance) and Article 14 (evaluation of the Community programme) shall be allocated. 4. The financial perspective heading 3 ‘Internal Policies’ shall contribute to the funding of actions and assistance undertaken under the Community programme in application of this Regulation. 5. An indicative breakdown of the funds allocated to the Community programme is given in Annex II.
Article 14 Evaluation of the Community programme
At the end of the Community programme, the Commission shall appoint a group of independent experts to report on the implementation of this Regulation, to assess the results and to make appropriate recommendations. The group's report, together with the Commission's comments, shall be submitted to the European Parliament, the Council and the European Economic and Social Committee.
Article 15 Committee procedure
1. The Commission shall be assisted by a Committee on the conservation, characterisation, collection and utilisation of genetic resources in agriculture (hereinafter referred to as the Committee). 2. Where reference is made to this paragraph, Articles 4 and 7 of Decision 1999/468/EC shall apply. The period laid down in Article 4(3) of Decision 1999/468/EC shall be set at one month. 3. The Committee shall adopt its Rules of Procedure. 4. The Committee shall be informed on a regular basis on the implementation of the Community programme.
Article 16 Repeal
Regulation (EC) No 1467/94 shall be repealed, without prejudice to the contractual obligations of parties which have entered into contracts arising out of that Regulation.
Article 17 Entry into force
This Regulation shall enter into force on the seventh day following that of its publication in the Official Journal of the European Union .