Commission Regulation (EC) No 248/2007 of 8 March 2007 on measures concerning the Multi-annual Financing Agreements and the Annual Financing Agreements concluded under the Sapard programme and the transition from Sapard to rural development

As regards Community funds relating to Regulation (EC) No 1268/1999, Bulgaria and Romania may continue to contract or enter into commitments with any beneficiary until the respective date that each contracts or enters into commitments for the first time under Regulation (EC) No 1698/2005. They shall inform Commission of this date.

1 Where the period for multi-annual commitments made under the Sapard programme in relation to afforestation of agricultural land, support for the establishment of producer groups or agri-environment schemes extends beyond the final permissible date for payments under Sapard, the outstanding commitments may be covered under the rural development programmes for the period 2007 to 2013 under Regulation (EC) No 1698/2005 and financed by the EAFRD provided that the rural development programme makes provision for this purpose.

2 Where Bulgaria or Romania apply paragraph 1, they shall notify the Commission, before the end of 2007, the amounts corresponding to appropriations committed.

3 The rules on eligibility of and checks on assistance under Regulation (EC) No 1268/1999 shall continue to apply.

Expenditure relating to the ex-post evaluations of the relevant Sapard programmes provided for in Article 12 of Regulation (EC) No 2759/1999 may be eligible under the technical assistance component of the rural development programmes for the period 2007 to 2013 under Regulation (EC) No 1698/2005 and financed by the EAFRD provided that the rural development programme makes provision for this purpose.

The correlation table for measures referred to in Articles 2 and 3 under Regulation (EC) No 1268/1999 and Regulation (EC) No 1698/2005 is set out in Annex I.

1 Without prejudice to the continuation of the validity of the Multi-annual Financing Agreements (hereinafter referred to as MAFAs) and the Annual Financing Agreements (hereinafter referred to as AFAs), as listed in Annex II, concluded between the European Commission representing the European Community on the one hand and Bulgaria and Romania on the other, these Agreements shall continue to apply subject to the provisions of this Regulation.

2 Articles 2 and 4 of the MAFAs shall cease to apply.

3 The following provisions of the Annex of the MAFAs shall cease to apply: (a) Articles 1 and 3 of Section A; however, any references to these Articles in the MAFAs or AFAs shall be construed as referring to the national accreditation decision in accordance with Article 4 of Section A; (b) Article 14, points 2.6 and 2.7 of Section A; (c) Articles 2, 3, 4, 5, 6 and 8 of Section C; and (d) Section G.

4 Article 12(2) of Regulation (EC) No 1266/1999 and Article 3 of Regulation (EC) No 2222/2000 shall no longer apply to Bulgaria and Romania with regard to the Sapard programme.

By way of derogation from the last subparagraph of Article 4(7) and Article 5(4) of Section A of the Annex of the MAFAs and Article 5(4) of Regulation (EC) No 2222/2000, the Commission shall immediately be informed of any modifications in the implementation or paying arrangements of the SAPARD Agency after its accreditation.

1 Without prejudice to the continuation of the validity of the Multi-annual Financing Agreements (hereinafter referred to as MAFAs) and the Annual Financing Agreements (hereinafter referred to as AFAs), as listed in Annex III, concluded between the European Commission, representing the European Community, on the one hand and the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Poland, Slovakia and Slovenia on the other, these Agreements shall continue to apply subject to the provisions of this Regulation.

2 Articles 2 and 4 of the MAFAs shall cease to apply.

3 The following provisions of the Annex to the MAFAs shall cease to apply: (a) Articles 1 and 3 of Section A; however, any references to these Articles in the MAFAs or AFAs shall be construed as referring to the national accreditation decision in accordance with Article 4 of Section A; (b) Article 14, points 2.6 and 2.7 of Section A; (c) Articles 2, 3, 4, 5, 6 and 8 of Section C; (d) Item 8 of Section F; and (e) Section G.

4 Article 12(2) of Regulation (EC) No 1266/1999 and Article 3 of Regulation (EC) No 2222/2000 shall no longer apply with regard to the Sapard programme.

By way of derogation from the last subparagraph of Article 4(7) and Article 5(4) of Section A of the Annex to the MAFAs and Article 5(4) of Regulation (EC) No 2222/2000, the Commission shall immediately be informed of any modifications in the implementation or paying arrangements of the Sapard Agency after its accreditation.

1 Article 7(8) of Section A of the Annex to the MAFAs is replaced by the following: ‘The final balance of the programme shall be paid: (a) if the National Authorising Officer submits to the Commission within the deadline for payment laid down in the final Annual Financing Agreement, a certified statement of expenditure actually paid in accordance with Article 9 of this Section; (b) if the final report on implementation has been submitted to and approved by the Commission; (c) when the Decision referred to in Article 11 of this section has been adopted. The payment shall not prejudice the adoption of a subsequent decision pursuant Article 12 of this section.’

2 The following subparagraph is added to Article 10(3) of section A of the Annex to the MAFAs: ‘However, interest not accounted for by projects assisted under the programme of the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Poland, Slovakia and Slovenia, respectively, shall be paid to the Commission in euro.’

3 Article 12(7) of Section A of the Annex to the MAFA is replaced by the following: ‘The amount to be recovered in accordance with the conformity clearance Decisions, shall be communicated to the National Authorising Officer who shall, on behalf of the Member States, ensure that the amount is credited to the Sapard euro account within two months of the date the conformity clearance Decision was taken. The Commission may, however, on a case by case basis, decide that any amount to be credited to it shall be offset against payments due to be made by the Commission to the Member States under any Community instrument.’

The amount provided for in Article 2 of each of the AFAs 2003 shall be replaced by the amounts referred to in Annex IV.

At the end of Article 3 of each of the AFAs, the following subparagraph is added: ‘Any part of the Community contribution referred to in Article 2 for which no contracts with the final beneficiaries have been signed as of the date referred to in the second subparagraph shall be notified to the Commission within three months of this amount being known.’

Chapter I shall apply in respect of the implementation of the Sapard programme in Bulgaria and Romania. Chapter II shall apply in respect of the implementation of the Sapard programme in the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Poland, Slovakia and Slovenia.

This Regulation shall enter into force on the third day following its publication in the Offical Journal of the European Union. Chapter I shall apply from 1 January 2007. Chapter II shall apply from 1 May 2007.