Commission Regulation (EC) No 2222/2000

Contents

THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Regulation (EC) No 1268/1999 of 21 June 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^note, and in particular Articles 9(2) and 12(2) thereof,Whereas:

(1)Article 11(1) of Council Regulation (EC) No 1266/1999^note on co-ordinating aid to the applicant countries in the framework of the pre-accession strategy stipulates that the Commission shall implement the Community aid in accordance with the rules of the Financial Regulation applicable to the general budget of the European Communities^note, and in particular Article 114 thereof, Article 9(1) of Council Regulation (EC) No 1268/1999 stipulates that the financial support shall comply with the principles laid down in Council Regulation (EC) No 1258/1999 of 17 May 1999 on the financing of the common agricultural policy^note. That Regulation concerns both the Guarantee and Guidance sections of the European Agriculture Guarantee and Guidance Fund but sets out, in particular specific provisions relating to the Guarantee section which falls under Title VIII of the Financial Regulation,

(2)It is envisaged that implementation of Sapard should have an institution building effect in the countries concerned. The Special Accession Programme for Agriculture and Rural Development (Sapard) will require, for each of the 10 applicant countries referred to in Article 1(1) of Regulation (EC) No 1268/1999, the follow up of numerous projects, each of which is generally of limited financial dimension. Delegation of management tasks to the applicant country is desirable and Article 12(2) of Regulation (EC) No 1266/1999 provides for the possibility to confer such management to the applicant country. Sapard management should therefore be organised through agencies in the applicant countries in accordance with that decentralised approach.

(3)The minimum criteria and conditions for the application of decentralised management under Article 12(2) of Regulation (EC) No 1266/1999 are laid down in the Annex to that Regulation. Those criteria and conditions reflect those that paying agencies must fulfil to be in conformity with the EAGGF Guarantee rules laid down in the Annex to Commission Regulation (EC) No 1663/95^note, as last amended by Regulation (EC) No 2245/1999^note, in the light of the above, the agency established by each applicant country should be organised in conformity with EAGGF-Guarantee provisions.

(4)EAGGF Guarantee provisions laid down in Regulation (EC) No 1663/95 concern mainly the payment function. The agencies in the applicant countries however will need to dispose of both that function plus an implementation function, appropriate criteria necessary also for that function therefore need to be laid down.

(5)It is appropriate that accreditation may also be provisionally granted subject to the respect of essential/minimum criteria.

(6)For the Commission to waive the ex ante approval stipulated in Article 12(1) of Regulation (EC) No 1266/1999 and to confer management of the aid on an applicant country, the national accreditation of the Sapard agency in the applicant country needs to be approved.

(7)It is appropriate, where possible, to use existing structures in applicant countries for certain financial operations in each of these countries there is already a national fund through which PHARE monies are transferred and paragraph 2(v) of the Annex to Regulation (EC) No 1266/1999 provides that the national authorising officer shall bear the full financial responsibility and liability for the funds. It is therefore appropriate for Sapard purposes that the national fund in each applicant country be the competent authority which accredits the Sapard agency and supervises subsequent compliance with the accreditation criteria. The national authorising officer shall be the contact point for financial information between the Commission and the applicant country.

(8)Council Regulation No 1260/1999 of 21 June 1999 laying down general provisions on the Structural Funds^note provides in its Article 31(2) that the first commitment shall be made when the Commission lays down its decision approving the assistance. That model may, under these circumstances and with respect to the triggering of the Community budget commitment, be considered as an appropriate model to be applied mutatis mutandis to Sapard.

(9)Article 12(2) of Regulation (EC) No 1266/1999 foresees execution of ex post controls by the Commission.The EAGGF clearance of accounts procedure is an efficient system to audit payments of the decentralised agencies and, if necessary, to recover irregular or undue payments from the applicant countries.

(10)Sapard implementing rules should be fixed in bilateral agreements to be concluded between the Commission and each applicant country. The Commission and each applicant country should therefore draw up a multiannual financing agreement in which the conditions determining the use of the Sapard contribution will be set out. Annual financing agreements should set out the financial contribution of the Community.

(11)To protect the financial interests of the Community, applicant countries should have similar obligations as Member States with regard to controls carried out by Community agents on the Sapard monies.

(12)The measures provided for in this Regulation are in accordance with the opinion of the Committee of the European Agriculture Guarantee and Guidance Fund (EAGGF),

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Defined terms · 10

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annual financing agreement
means the agreement setting out the financial allocation for the year in question on the basis of the appropriations entered in the Community budget and supplementing and amending, as appropriate, provisions laid down either in the multiannual financing agreement or in a prior annual financing agreement;
applicant countries
means the countries listed in Article 1(1) of Regulation (EC) No 1268/1999;
certifying Body
means the body which is operationally independent of the Sapard agency and establishes the attestation of the accounts, reports on the management and control systems and verifies the co-financing elements;
competent authority
means the body, in the applicant country,
exceptional natural disaster
means a natural disaster on an unusually large scale and causing intense damage and destruction.
financial year
means the calendar year 1 January to 31 December;
multiannual financing agreement
means the agreement setting out the relevant provisions to be respected for Sapard co-financing;
national fund
means the body appointed by the applicant country and placed under the responsibility of the national authorising officer bearing the full financial responsibility and liability for the funds, which acts as the competent authority.
Sapard agency
means the body established by the applicant country and operating under its responsibility which discharges two functions: an implementing function and a paying function.
Sapard euro account
means the account opened by the national authorising officer under their responsibility in a financial or treasury institution bearing interest under normal commercial conditions to receive payments referred to in Article 8 and used exclusively for Sapard transactions and maintained in euro;

Commission Regulation (EC) No 2222/2000

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