SPECIAL ACCESSION PROGRAMME FOR AGRICULTURE AND RURAL DEVELOPMENT IN THE SLOVAK REPUBLIC

ANNUAL FINANCING AGREEMENT 2001

between 

THE COMMISSION OF THE EUROPEAN COMMUNITIES ON BEHALF OF THE EUROPEAN COMMUNITY 

and

THE SLOVAK REPUBLIC

ANNUAL FINANCING AGREEMENT 2001

The Commission of the European Communities, hereinafter referred to as "the Commission", acting for and on behalf of the European Community, hereinafter referred to as "the Community"

of the one part, and

The Government of the Slovak Republic acting for and on behalf of the Slovak Republic, hereinafter referred to as "the Slovak Republic"

of the other part,

and together jointly referred to as "the Contracting Parties",

Whereas 

(1)	A Special Accession Programme for Agriculture and Rural Development (hereinafter referred to as "SAPARD") providing for a Community financial contribution has been established by 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;

(2)	The plan submitted by the Slovak Republic was approved as an Agriculture and Rural Development Programme by a Decision taken in accordance with Article 4 (5) of Regulation (EC) No. 1268/1999 on 17 November 2000;

(3)	The Multi-Annual Financing Agreement between the Community and the Slovak Republic has been concluded on 16 May 2001 and provides in Article 2 that the financial commitment of the Community shall be set out in Annual Financing Agreements;

(4)	It is necessary to set out the Community financial commitment for the year 2001 for the execution of the Agriculture and Rural Development Programme, and any amendments thereof, (hereinafter referred to as "the Programme"), in the Slovak Republic, and to state the period of validity of that commitment;

(5)	The Annual Financing Agreement 2000 between the Community and the Slovak Republic sets the date of 31 December 2002 as the time limit of validity of the 2000 annual commitment. Since no Commission Decision conferring management of the SAPARD instrument on Agencies in the Slovak Republic has been taken in 2000, it is appropriate to modify Article 3 of the Annual Financing Agreement 2000, extending the period of commitment until 31 December 2003;

(6)	In the light of experience gained since signature of the Multi-Annual Financing Agreement between the Community and the Slovak Republic, it appears necessary to make certain adjustments to that agreement;

HAVE AGREED AS FOLLOWS:

Article 1
Objective

This Agreement sets out the Community financial commitment for the Slovak Republic for the year 2001. It also modifies the Multi-annual Financing Agreement signed on 26.03.2001, as well as the Annual Financing Agreement 2000 signed on 26.03.2001.

Article 2
Commitment

The financial contribution of the Community for the year 2001 is limited to 18.980.113 €. This commitment is valid only for execution of the Programme in conformity with the Multi-annual Financing Agreement between the Community and the Slovak Republic.

Article 3
Period of commitment

The Commission shall automatically decommit any part of the commitment referred to in Article 2 which has not been settled by a payment on account, or for which it has not received an acceptable payment application, by 31 December 2003 at the latest.

Article 4
Modification of the Annual Financing Agreement 2000

Article 3 of the Annual Financing Agreement 2000, concluded between the Commission and the Slovak Republic, is modified as follows:

“Article 3
Period of commitment

The Commission shall automatically decommit any part of the commitment referred to in Article 2 which has not been settled by a payment on account, or for which it has not received an acceptable payment application, by 31 December 2003 at the latest.”

Article 5
Modification of the Multi-Annual Financing Agreement

The Multi-annual Financing Agreement concluded between the Commission and the Slovak Republic, is modified as follows:

1.	In Article 8, the first sentence is replaced by the following:

“Correspondence relating to any matter falling within the scope of this Multi-Annual Financing Agreement, and/or the scope of the Annual Financing Agreements provided for in Article 2, where appropriate stating the Programme’s number and title, shall be addressed to the following:

for the Community:

Commission of the European Communities
Directorate General Agriculture
SAPARD Unit
Rue de la Loi, 130, B - 1049 Brussels
Telephone: 00 32 2 2967 337
Fax: 00 32 2 29 51746
E-MAIL: agri-sapard@cec.eu.int

for the Slovak Republic:

Ministry of Agriculture of the Slovak Republic
Section of the European Integration, Structural Policy and Rural Development 
Dobrovičova 12 – SK-812 66 Bratislava, Slovakia
Telephone:	00 4212 59266 510
Fax: 		00 4212 59266 499
E-Mail:	namerova@land.gov.sk

and

Ministry of Finance of the Slovak Republic
Department of the National Fund
Štefanovičova 5 – SK-817 82 Bratislava 15, Slovakia
Telephone: 	00 4217 5958 2511 (12)
Fax:		00 4217 5958 2594
E-Mail:	mhrachovcova@mfsr.sk».

2.	In Section A

-	Article 3(3) is replaced by the following:

.	“3.	The Decision to confer management of aid on Agencies in the Slovak Republic may be made on a provisional basis, provided that the conditions and Articles referred to in the first sub-paragraph of paragraph 1 are complied with.”

-	Article 7(2) is replaced by the following:

“2.	Payment by the Commission of the Community contribution shall be made in accordance with the Annual Financing Agreement(s) referred to in Article 2 of this Agreement to the SAPARD euro account and provided that the verifications referred to in Article 9 of this Section have not indicated any problems.”

-	In Article 7(4) the first sentence is replaced by the following:

“4.	Unless provided otherwise in an Annual Financing Agreement, the Commission shall automatically decommit.”

	-	In Article 14, point 2.6, the footnote n° 4 is replaced by the following:

“SEC (1999) 1801 / 2”

	-	In Article 14, the point 2.9 is replaced by the following:

“2.9	The SAPARD Agency shall ensure that adequate publicity is given to the availability of support. This publicity shall make reference to Community co-financing and be directed towards all potential project managers and operators so as to obtain as wide as possible a selection of potential project managers and operators. Standard application forms with clear guidelines for completion and conditions for eligibility shall be drawn up in advance of the launch of the scheme. No charges shall be imposed on potential beneficiaries or on beneficiaries for information, including application forms, relating to the Programme. This provision is without prejudice to the application of charges levied generally in the rest of the economy.”

3.	In Section B

	-	In Article 4(3) the point (c) is replaced by the following:
	
“(c)	Expenditure, not involving infrastructure nor human capital, incurred by a beneficiary where more than 25% of their capital is held by a public body or bodies”.

4.	In Section D

-	The Declaration of expenditure and payment application in Form D-1, is replaced by the form reproduced in the annex to this Agreement.

-	The form D-3 (financial identification) is deleted.

Article 6
Entry into Force

This Agreement shall enter into force on the date when both Contracting Parties have notified each other of the completion of all necessary formalities for its conclusion.

Article 7
Signature

This Agreement shall be drawn up in duplicate in English and in Slovakian, only the English text being authentic.

Done at Brussels, this                 day of              in the year two thousand and two.

For Commission of the European Communities:

……………………………….
Franz FISCHLER
Member of the Commission

For the Slovak Republic:

……………………………….

ANNEX
Form: D-1
European Commission –SAPARD - Declaration of expenditure and payment application
(to be sent to the European Commission, DG AGRI, Rue de la Loi 130 (SAPARD)  B – 1049 Brussels)
Name of Programme …………………………………………
Commission Decision N°………………………of ………. (as last modified by Decision N° ……. of ……..)
Commission reference number…………
The undersigned, …………………………. as the National Authorising Officer representing the Slovak Republic as provided for in the Multi-annual Financing Agreement concluded between the Slovak Republic and the Commission, hereby declares that the total eligible expenditure in accordance with the programme, incurred from (day/month/year.. to …day/month/year...) amounts to ………. (national currency), ………..(euro, converted from national currency at the rate(s) indicated in the tables attached, as provided for in Article 10 of Section A, of the Annex to the Multi-annual Financing Agreement).
Details relating to this expenditure are set out in the Tables annexed hereto and form an integral part of this declaration.
I also declare that the measures are progressing at a satisfactory rate in accordance with the objectives laid down in the Programme, and that the supporting documents are, and will remain, available as provided for in Article 3 of the Multi-annual Agreement and Article 15 of Section A of the Annex to that Agreement.
I declare that:
1.	The listing of expenditure is exact. It is based on accounts at the level of individual projects and supported by documentary evidence. The listing and corresponding supporting documents are open to verification and will be remain available in accordance Article 3 of the Multi-annual Financing Agreement and Article 15 of Section A of the Annex thereto.
2.	Either The listing includes details of debts to be collected amounting to (…. national currency)  (….. euro), of which total amounts per measure are attached, including the breakdown of national public and Community contribution; or There are no debts to be collected - (strike out as appropriate). The declaration also includes all debts since the previous declaration which have been registered for more than two years, and which are subtracted from this expenditure declaration.
3.	The volume of Community funds in the SAPARD euro account as at the date of the last debit at the end of the quarter to which this declaration refers (or in the case of a supplementary declaration, the date specified in that declaration) amounts to …. euro.
The payment should be made to the SAPARD euro account:
Beneficiary:		
Bank:		
Account number:		
Account holder (if different from beneficiary)		
This expenditure declaration contains …… numbered pages.
This declaration has been established by: …………... Date, stamp and signature of the Head of the SAPARD Agency.
The declaration has been established on the basis of financial amounts provided by me ……….. Date and Signature of the: Accountant of the SAPARD Agency 
Certified by ……………:  Date, stamp and signature of the National Authorising Officer on behalf of the Slovak Republic.
Done at ……………,……(date).