5.8.2003 Official Journal of the European Union L 197/35 COMMISSION DECISION of 1 August 2003 conferring management of aid on implementing agencies for a pre-accession measure in agriculture and rural development in the Czech Republic in the pre-accession period (2003/581/EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EC) No 1266/1999 of 21 June 1999 on coordinating aid to the applicant countries in the framework of the pre-accession strategy and amending Regula- tion (EEC) No 3906/89 (), and in particular Article 12(2) thereof, Whereas: 1 ( ( ( ( 2 3 4 ) ) ) ) The Special Accession Programme for Agriculture and Rural Development for the Czech Republic (hereinafter: Sapard) was approved by Commission Decision of 26 October 2000 (3, and amended by Commission Decision of 23 December 2002 in accordance with Article 4(5) of 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-acces- sion period (}), as last amended by Regulation (EC) No 696/2003 (). The government of the Czech Republic and the Commis- sion, acting on behalf of the Community, signed on 5 February 2001 the Multiannual Financing Agreement (hereinafter: MAFA) laying down the technical, legal and administrative framework for the execution of the Sapard, amended by the Annual Financing Agreement (hereinafter: AFA) for 2001, signed on 13 October 2002. A Sapard Agency has been appointed by the competent authority of the Czech Republic for the implementation of some of the measures defined in the Sapard. The Ministry of Finance, National Fund, 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 ) OJ L 161, 26.6.1999, p. 68. C(2000) 3105 final. ) 0 L 161, 26.6.1999, p. 87. L 99, 17.4.2003, p. 24. 0) () 0 0J ) 0J public finance, as provided for in Article 12(2) of Regu- lation (EC) No 1266/1999, the Commission adopted Decision 2002/298/EC of 15 April 2002 and Decision 2003/123[EC of 19 February 2003 conferring manage- ment of aid on implementing agencies for pre-accession measures in agriculture and rural development in the Czech Republic 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 3.1 ‘Improvement of vocational training’ as provided for in the Sapard. The Commission considers that, also with regard to that measure, the Czech Republic complies with the provisions of Articles 4 to 6 and of the Annex to Commission Regulation (EC) No 2222/2000 of 7 June 2000 laying down financial rules for the application of 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 (°), as last amended by Regulation (EC) No 188/2003 (), and with the minimum conditions set out in the Annex to Regulation (EC) No 1266/1999. 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 3.1, on the Sapard Agency and on the Ministry of Finance, National Fund in the Czech Republic, the management of aid on a decentralised basis. Since the verifications carried out by the Commission for measure 3.1 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 Sapard Agency and on the Ministry of Finance, National Fund, according to Article 3(2) of Regulation (EC) No 2222/2000, on a provisional basis. L 102, 18.4.2002, p. 32 and OJ L 49, 22.2.2003, p. 21. L 253, 7.10.2000, p. 5. L 27,1.2.2003, p. 14.