Commission Regulation (EC) No 2121/2004 of 13 December 2004 amending Regulation (EC) No 1727/1999 laying down certain detailed rules for the application of Council Regulation (EEC) No 2158/92 on protection of the Community's forests against fire and Regulation (EC) No 2278/1999 laying down certain detailed rules for the application of Council Regulation (EEC) N) 3528/86 on the protection of the Community’s forests against atmospheric pollution

In Regulation (EC) No 1727/1999 the following Article 2a is inserted:

1.

The competent bodies designated by the Member States under Article 14 of Regulation (EC) No 2152/2003 of the European Parliament and of the Council^(*) in order to manage the activities included in the approved national programmes shall comply with the rules laid down in the Council Regulation (EC, Euratom) No 1605/2002^(**) and Commission Regulation (EC, Euratom) No 2342/2002^(***) as well as with the provisions laid down in the present Regulation.

2.

In particular, the bodies referred to in paragraph 1, hereinafter referred to as the ‘competent bodies’, shall meet at least the following criteria:

1. they shall be national public-sector bodies or private-law entities with a public-service mission, provided that they are governed by the law of one of the Member States;

2. they shall offer adequate financial guarantees, issued preferably by a public authority, in particular as regards full recovery of amounts due to the Commission;

3. they shall operate according to the requirements of sound financial management;

4. they shall ensure the transparency of the operations carried out in accordance with Article 56(1)(a) to (e) of Regulation (EC, Euratom) No 1605/2002.

3.

In addition to meeting the criteria set out in paragraph 2 the private-law entities referred to in point (a) of that paragraph shall provide proof of the following:

1. their technical and professional capacity, on the basis of documentary evidence of the educational and professional qualifications of the members of their managerial staff;

2. their economic and financial capacity, on the basis of appropriate statements from banks or evidence of relevant professional risk indemnity insurance or a state guarantee, or balance sheets, or extracts from balance sheets, covering at least the last two years for which accounts have been closed, where publication of the balance sheet is required under the company law of the country in which the entity is established;

3. their competence under national law to perform the budget-implementation tasks, as attested by for example documentary evidence of their enrolment in a professional or trade register or a sworn declaration or certificate, membership of a specific organisation, express authorisation or entry in VAT register;

4. that they are not in one of the situations listed in Articles 93 and 94 of Regulation (EC) No 1605/2002.

4.

The Commission shall conclude an agreement with the competent bodies in conformity with Articles 56 of Regulation (EC, Euratom) No 1605/2002 and Articles 35 and 41 of Regulation (EC, Euratom) No 2342/2002.

5.

The competent bodies shall conduct regular checks to ensure that the actions to be financed under Regulation (EC) No 2152/2003 have been implemented correctly. They shall take appropriate measures to prevent irregularities and fraud and if necessary bring prosecutions to recover funds lost, wrongly paid or incorrectly used.

6.

The competent bodies shall provide the Commission with any information it requests. The Commission can carry out document and on-the-spot checks into their existence, relevance and proper operation, in accordance with the rules of sound financial management.

7.

The competent bodies shall be the intermediary to whom the Community contribution is paid, and where the accounts and records of the receipt and payment of that contribution in support of the national programme are held, including all invoices and documents of a similar probative value to support the direct and indirect costs of the programme.’

Regulation (EC) No 2278/1999 is amended as follows. The following Article 2a is inserted:

1.

The competent bodies designated by the Member States under Article 14 of Regulation (EC) No 2152/2003 of the European Parliament and of the Council^(*) in order to manage the activities included in the approved national programmes shall comply with the rules laid down in the Council Regulation (EC, Euratom) No 1605/2002^(**) and Commission Regulation (EC, Euratom) No 2342/2002^(***) as well as with the provisions laid down in the present Regulation.

2.

In particular, the bodies referred to in paragraph 1, hereinafter referred to as the ‘competent bodies’, shall meet at least the following criteria:

1. they shall be national public-sector bodies or private-law entities with a public-service mission, provided that they are governed by the law of one of the Member States;

2. they shall offer adequate financial guarantees, issued preferably by a public authority, in particular as regards full recovery of amounts due to the Commission;

3. they shall operate according to the requirements of sound financial management;

4. they shall ensure the transparency of the operations carried out in accordance with Article 56(1)(a) to (e) of Regulation (EC, Euratom) No 1605/2002.

3.

In addition to meeting the criteria set out in paragraph 2 the private-law entities referred to in point (a) of that paragraph shall provide proof of the following:

1. their technical and professional capacity, on the basis of documentary evidence of the educational and professional qualifications of the members of their managerial staff;

2. their economic and financial capacity, on the basis of appropriate statements from banks or evidence of relevant professional risk indemnity insurance or a state guarantee, or balance sheets, or extracts from balance sheets, covering at least the last two years for which accounts have been closed, where publication of the balance sheet is required under the company law of the country in which the entity is established;

3. their competence under national law to perform the budget-implementation tasks, as attested by for example documentary evidence of their enrolment in a professional or trade register or a sworn declaration or certificate, membership of a specific organisation, express authorisation or entry in VAT register;

4. that they are not in one of the situations listed in Articles 93 and 94 of Regulation (EC) No 1605/2002.

4.

The Commission shall conclude an agreement with the competent bodies in conformity with Articles 56 of Regulation (EC, Euratom) No 1605/2002 and Articles 35 and 41 of Regulation (EC, Euratom) No 2342/2002.

5.

The competent bodies shall conduct regular checks to ensure that the actions to be financed under Regulation (EC) No 2152/2003 have been implemented correctly. They shall take appropriate measures to prevent irregularities and fraud and if necessary bring prosecutions to recover funds lost, wrongly paid or incorrectly used.

6.

The competent bodies shall provide the Commission with any information it requests. The Commission can carry out document and on-the-spot checks into their existence, relevance and proper operation, in accordance with the rules of sound financial management.

7.

The competent bodies shall be the intermediary to whom the Community contribution is paid, and where the accounts and records of the receipt and payment of that contribution in support of the national programme are held, including all invoices and documents of a similar probative value to support the direct and indirect costs of the programme.’

This Regulation shall enter into force on the third day of its publication in the Official Journal of the European Union.