In accordance with article 15.3 of the law 30/1992, of 26 November, legal regime of public administrations and common administrative procedure, publicity is given to the management entrustment agreement entered into between the Presidency of the Spanish Fund for agricultural guarantee, the Hon. Mr. Secretary General of food and Agriculture and the Hon. Mr. Director General of the Instituto Nacional de Investigación y Tecnología Agraria y Alimentaria , in relation to aid for the improvement of the quality of the olive oil and of table olives.
Madrid, November 29, 2004-the President, P.S.R. [(Art. 4.3 a) Statute FEGA, approved by r. D. 1441/01, 21-12-01 B.O.E. 14-1-2002], the Secretary general, Luis González-Quevedo Tejerina.
Convention of ENTRUSTMENT of management between the Secretary GENERAL agriculture and power, the background Spanish of warranty agrarian and the Institute national of research and technology agrarian and food in relationship with LAS aid for the improvement of the quality of the oil of olive and of the OLIVES table in Madrid, November 18, 2004.
MEETING of a party: the Hon. Mr. D. Fernando Moraleda Quilez, in his capacity as General Secretary of agriculture and food of the Ministry of agriculture, fisheries and food, charge for which he was appointed by Royal Decree 676/2004, of 19 April, BOE of 20 April.
On the other hand: the Hon. Mr. D. Francisco Mombiela Muruzabal, in his capacity as President of the Spanish Fund for agricultural guarantee, charge for which he was appointed by Royal Decree 995/2004, of 30 April, BOE of May 1.
On the other hand: the Hon. Mr. D. Mario Gomez Perez, in his capacity as Director General of the National Institute of research y Tecnología Agraria y Alimentaria, charge for which he was appointed by Royal Decree 1879 / 2004, of 6 September, BOE of September 7.
The appearing on the quality Act recognized with skills sufficient for the granting of this Convention and to this end.
EXPOSED to the General Secretary of agriculture and food, hereinafter General Secretariat, has full powers in the field of production and agricultural and livestock markets, as well as plant health, as set out in article 5 of the Royal Decree 1417 / 2004 of 11 June, which develops the basic organizational structure of the Ministry of agriculture, fisheries and food.
The Spanish Fund of guarantee agrarian, in what follows FEGA, autonomous body attached to the Ministry of agriculture, fisheries and food, hereinafter FEGA, is the body authorized by the European Union to act as a paying agency on a national basis, in accordance with the provisions of article 2 of the R.D. 327/2003 of 14 March, which regulates the regime of the paying agencies and coordinating with the EAGGF-guarantee.
Instituto Nacional de Investigación y Tecnología Agraria y Alimentaria, hereinafter INIA, has as function the manage and execute the competencies of the General Administration of the State in the area of scientific research and technological innovation in farming and food.
That according to paragraph 2.a) article 2 of Regulation (EC) No 528/1999 of 10 March Commission, modified by the regulations of the Commission numbers 593/2001-629/2003, establishing measures to improve the production quality of olive oil and of table olives, that the actions to be carried out under the annual programme will be the fight against the olive fly and if any other harmful organisms, including control, warning and assessment mechanisms.
In development of article 1 cited for the 2004-2005 campaign, the Ministry of agriculture, fisheries and food issued order APA/1122/2004 of 28 April, which approves the program of improvement of the quality of the olive oil and of table olives production campaign, that sets which corresponds to the General Secretariat of agriculture and food through the Directorate-General of agriculture , the management and control of the system of control, warning and assessment of the olive tree, under subprogramme I.1 fly.; the General Directorate of agro-food industry and food coordination; and INRA management and control of the research projects included in the subprogramme VII.1.
Whereas in order to comply with the provisions for organisms payers by Regulation (EC) nº 1663 / 1995, of the Commission of 7 July, correspond to the FEGA functions of authorisation, execution and accounting for payments, and may be delegated the functions of authorization and technical services, as set out in the annex.
The first ACUERDAN speakers. Content-the functions of authorization of payments and those derived from the service established in Regulation (EC) number 1663 / 1995, of the Commission of 7 July, concerning the management and control of the research projects subprogramme VII.1 and the system of control, warning and assessment of the olive fly in subprogramme I corresponding to the FEGA they will be carried out by the National Institute of research and technology agricultural and food, hereinafter INIA and General Secretary of agriculture and food, hereinafter General Secretariat, respectively.
Second. Applicable law.-the content and requirements for the exercise of the aforementioned functions, shall be that laid down in the Community regulation forcing the General Secretariat and INRA to fulfill all the requirements demanded for the exercise of the functions listed in the following section.
Third party. Functions to develop.-during the phases prior and subsequent to the authorization of payment of the aid, the General Secretariat and INRA will be within subprogrammes to be developed each of the above-mentioned units, the following functions: check that the request has been filed within the time limits laid down by Community legislation or the national which develop it.
Check that the required documents have been filed.
Propose the payment corresponding or its refusal and send it, along with precise documentation, the FEGA and particularly in what refers to the certificate of eligibility and report on the results of the controls established, paragraph 4.iv) of the annex to Regulation (EC) No. 1663 / 1995, within the time limits laid down for aid. Where controls are performed by the autonomous communities, these shall be conducted under the coordination, supervision and control of the unit manager of the General Secretariat, which will be responsible for the conditions of authorisation laid down in the aforementioned annex.
Verify that for each aid met the requirements provided for in Community regulations.
Keep the documentation available to the FEGA.
Make or propose, where appropriate, the necessary inspections that verify the facts that underlie payments, using the controls in the places in which the events take place.
Send to FEGA in accordance with point 4 of the annex to Regulation (EC) No. 1663 / 1995 and before 1 September of each year, a report as complete as possible in which the following should be indicated: controls carried out.
Risk criteria that have been used, if applicable.
Scope of the controls.
Evaluation of controls and its follow-up.
Procedures that have been followed in the case of litigation.
Issue instructions in writing which are accurate for the use of the checklists in the preparation of proposals for payment, security and appropriate computer controls, administrative checks and physicals to be undertaken.
Define the necessary data to each of the payments proposed according to the requirements in Regulation (EC) 2390 / 1999, the Commission of October 25, to complete "picture of las cruces» established in the same.
Room. Procurement records.-in cases where appropriate processing a case of recruitment for the determination of any expenditure that should meet with charge to the budget concept 470, expenses of the FEGA and whose award should be made through the appropriate procurement procedure, without prejudice to the foregoing, the General Secretariat or INRA, within each of the subprogrammes corresponding they will formulate the relevant proposal, with contribution of the signed technical conditions to the FEGA and having the same as suitable, corresponding to the body paying the processing of proper procedure, monitoring, development and execution of the contractual relationship arising from hiring record, regardless of the practice of control inspections which are required for verification of the facts based on which expenditures are made that it will be enough, in those cases whose payments are made without the need of a procurement procedure.
Fifth. Audit-internal audit of FEGA, as paying agency, services will be controls on the unit manager of the General Secretariat and of INRA which deems necessary to ensure that Community funds have been well used.
Sixth. Duration-this Convention is set for the seasons 2004-2005 and 2005-2006. Having your home for every campaign starting May 1 of this year.
Seventh. Extensions.-without prejudice to the provisions in the previous clause, parties may extend the duration of this agreement for successive campaigns.
Eighth. Applicable regulations-references that are made to community in this agreement regulations, as well as the internal regulations that develop it, shall be considered performed for those others who thereafter modify them or complete.
And in proof of compliance and the proper consistency, sign the present task of management triplicate copy and, in all of their leaves, the place and date of the headword.-by the FEGA, President Francisco Mombiela Muruzábal.-by the General Secretariat of agriculture and food, the Secretary General, Fernando Moraleda Quilez.-by INRA, the Director-General, Mario Gómez Pérez.