Continuation of the applicability of the MAFAs and the AFAs after Accession
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.
Derogations from MAFA provisions and from Regulation (EC) No 2222/2000
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.
Amendment of the MAFAs
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.’
Replacement of the amounts provided for in Article 2 of AFA 2003
The amount provided for in Article 2 of each of the AFAs 2003 shall be replaced by the amounts referred to in Annex IV.
Amendment of Article 3 of AFAs 2000 to 2003
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.’
Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.
