L 321/62 Official Journal of the European Union 6.12.2003 COMMISSION DECISION of 5 December 2003 conferring management of aid implementing agencies for pre-accession measures in agriculture and rural development in Romania in the pre-accession period (2003/846/EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, (4)  On the basis of a case-by-case analysis of the national 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 Regu- lation (EEC) No 3906/89 (!), and in particular Article 12(2) thereof, 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 (%), and in particular Article 4(5) and (6) thereof, Whereas: (1) The special programme for agriculture and rural devel- opment for Romania (hereinafter Sapard) was approved by Commission decision of 12 December 2000 (), as last amended by Commission decision of 1 August 2003, in accordance with Article 4(5) and (6) of Regu- lation (EC) No 1268/1999. (2)  The Government of Romania and the Commission, acting on behalf of the European Community, signed on 2 February 2001 the Multiannual Financing Agreement laying down the technical, legal and administrative framework for the execution of Sapard, as last amended by the Annual Financing Agreement for 2002, signed on 1 April 2003, which finally entered into force on 12 May 2003. (3)  The Sapard Agency, a public institution with legal status, under the responsibility of the Ministry of Agriculture, Forests, Waters and Environment, has been appointed by the competent authority of Romania for the implemen- tation of some of the measures defined in Sapard. The National Fund Department within the Ministry of Public Finance has been appointed for the financial functions it is due to perform in the framework of the implementa- tion of Sapard. @ OJ L 161, 26.6.1999, p. 68. () OJ L 161, 26.6.1999, p. 87. Regulation as last amended by Regu- lation (EC) No 696{2003 (OJ L 99, 17.4.2003, p. 24). () C(2000) 3742 final. and sectorial programme/project management capacity, financial control procedures and structures regarding public finance, as provided for in Article 12(2) of Regu- lation (EC) No 1266/1999, the Commission adopted Decision 2002/638/EC of 31 July 2002 conferring management of aid on implementing agencies for pre- accession measures in agriculture and rural development in Romania in the pre-accession period () with regard to certain measures provided for in Sapard. (5)  The Commission has undertaken a further analysis pursuant to Article 12(2) of Regulation (EC) No 1266/ 1999 in respect of measure 3.1 ‘Investment in agri- cultural holdings’, measure 3.4 ‘Development and diver- sification of economic activities, multiple activities, alter- native income’ and measure 4.1 ‘Improving of vocational training’ as provided for in Sapard. The Commission considers that, also with regard to those measures, Romania 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-acces- sion period (), and with the minimum conditions set out in the Annex to Regulation (EC) No 1266/1999. (6) It is therefore appropriate to waive the ex ante approval requirement referred to in Article 12(1) of Regulation (EC) No 1266/1999 and to confer, with regard to measures 3.1, 3.4 and 4.1, on the Sapard Agency and on the Ministry of Public Finance, National Fund, in Romania the management of aid on a decentralised basis. (7)  However, since the verifications carried out by the Commission for measures 3.1, 3.4 and 4.1 are based on a system that is not yet fully operating with regard to all relevant elements, it is therefore appropriate to confer the management of the Sapard programme on the Sapard Agency and on the Ministry of Public Finance, National Fund, according to Article 3(2) of Regulation (EC) No 2222/2000, on a provisional basis. () OJ L 206, 3.8.2002, p. 31. () OJ L 253, 7.10.2000, p. 5. Regulation as last amended by Regu- lation (EC) No 188/2003 (O] L 27, 1.2.2003, p. 14).