MINISTRY OF AGRICULTURE AND FORESTRY

RULES OF PROCEDURE

Of the SAPARD Monitoring Committee

Part I

General provisions

Art. 1 (1) The Monitoring Committee, referred to as “the Committee”, shall supervise the implementation of the National Agriculture and Rural Development Plan, approved as a Programme for National Agriculture and Rural Development in Republic of Bulgaria, referred to as “the Programme” with a decision of the European Commission (the Commission) of October 20, 2000 according to article 4 (5) of the EC Regulation 1268/1999.

(2). The Committee shall satisfy itself as to the effectiveness and quality of implementation of the Programme as specified by the Multi-annual Financing Agreement between the European Community and the Republic of Bulgaria, referred to as “the Agreement”.

(3) The Committee shall be set up in pursuance of art.7, par. 1, section B of the Agreement with an order of the Minister of Agriculture and Forestry.

Art. 2 (1) The effective monitoring of the Programme implementation shall be carried out by the SAPARD Agency and by the Managing Authority, which shall report to the Committee about the development of the Programme according to the requirements of the Agreement.

(2) The monitoring shall be performed on the basis of data obtained through a system for collection of financial and statistical information for the development of the Programme, which shall be established by the Managing Authority.

(3) The information as of paragraph (1) shall be forwarded to the Committee in conformity with the agreements between the Republic of Bulgaria and the Commission using, whenever possible, computerized systems allowing data exchange with the Commission.

Art. 3 (1) The Committee may request and shall receive from the Managing Authority and the SAPARD Agency the necessary information to perform its activities, including reports on projects and measures.

(2) The Managing Authority shall ensure that all relevant information on the progress of measures and sub-measures shall be made available for the work of the Committee in order to complete all its tasks.

(3) The authorities, requested officially to provide information as described in paragraph (1), shall submit the relevant data to the Committee within the specified deadline.

Art. 4 (1) The monitoring shall be carried out by reference to physical, financial and other indicators, specified in, and related to the results of the Programme (in accordance with art. 6, para 2, section B of the Agreement).

(2) The monitoring shall include information confirming that the Community contribution does not substitute the available national funding.

Part II

Art. 5 (1) The Monitoring Committee shall be a collective body composed of 28  members, including a Chairperson.

(2) The Committee members shall be divided into: members with voting right, representatives of the European Commission and members with observer and advisory capacity. 

(3) The members with voting right shall be entitled to one vote only. The members, representing the farmers’ organisations - the Bulgarian Chamber of Agriculture (BCA), the Bulgarian Farmer Association (BFA) and the National Union of Agricultural Cooperatives in Bulgaria (NUACB), shall be collectively entitled to one vote only.

(4) The Committee members from the Ministry of Agriculture and Forestry shall represent all the Ministry’s services.

(5) The members with voting right shall be as follows:
1. Deputy Minister of Agriculture and Forestry – Chairperson of the Monitoring Committee representing the Sector Monitoring Subcommittee (SMS) “Agriculture” of the Ministry of Agriculture and Forestry and the Joint Monitoring Committee on implementation of EU funded PHARE, ISPA and SAPARD programmes.
2. Representative of the Ministry of Finance
3. Representative of the Ministry of Regional Development and Public Works
4. Representative of the Ministry of Environment and Waters
5. Representative of the Ministry of Labour and Social Affairs
6. Representative of the Ministry of Education and Sciences
7. Representative of the Ministry of Agriculture and Forestry – Director of the Rural Development Directorate
8. Executive Director of State Fund Agriculture representing the SAPARD Agency
9. Representative of the Bulgarian Chamber of Commerce and Industry
10.Representative of the Bulgarian Industrial Association
11. Representative of the Confederation of the Independent Trade Unions in Agriculture within the Confederation of the Bulgarian Independent Trade Unions
12. Representative of the Federation “Zemya” (Land) within the Confederation of Trade Unions “Podkrepa”
13. Representative of the National Association of Municipalities of the Republic of Bulgaria
14. Authorized representative of the NGOs involved in environment protection
15. Representative of the Bulgarian Chamber of Agriculture (BCA)
16. Representative of the Bulgarian Farmer Association (BFA)
17. Representative of the National Union of Agricultural Cooperatives in Bulgaria NUACB

(6) The representatives of the Commission shall participate in the work of the Committee in an advisory capacity and shall present the formal position of the European Commission.

(7)The members with observer and advisory capacity shall be as follows:
1. Representative of the Ministry of Economy
2. Three representatives of the Ministry of Agriculture and Forestry – Director of Integration Policy Directorate, Director of Information and Public Relations Directorate and Head of SAPARD Department representing the Committee Secretariat
3. Two representatives of State Fund Agriculture – Deputy Executive Directors, representing the SAPARD Agency (operative and payment units)
4.   Representative of the World Bank
5. Representative of the European Bank for Reconstruction and Development
6. Representative of the Association of Trade Banks
7. Representative of the National Fund at the Ministry of Finance

Art. 6 (1) The Chairperson shall:
1. organise and manage the activities of the Committee according to the Agreement, in compliance with hereby Committee rules and his/her decisions taken within his/her competence
2. convene and manage the meetings of the Committee
3. represent the Committee before third parties
4. ensure submission of necessary information and documents on Committee activities and its findings to relevant institutions and persons
5. manage the activities of the Secretariat.

(2) The functions of the Chairperson, in his/her absence, shall be performed by a Committee member appointed by the Chairperson

(3) The Chairperson shall not be an official at the SAPARD Agency

Art. 7 (1) In case that any of the representatives appointed in accordance with art. 5 (1) are temporarily unable to participate in the work of the Committee, they shall be substituted by persons appointed in advance and in writing by the managing authorities of the respective organisations.

Art. 8 None of the Committee members with voting right shall be a member of another committee connected with SAPARD program at regional or national level, with the exception of the representatives of the SAPARD Agency and the Joint Monitoring Committee on implementation of EU funded PHARE, ISPA and SAPARD programmes.           

Art. 9 (1) The members of the Committee shall be obliged to fulfil their duties with conscientiousness.

(2) The members of the Committee shall be obliged to respect the confidentiality of Committee’s work and not to disclose confidential information

(3) The official position of the Committee on discussed matters shall be announced to the media by the Chairperson and/or a Spokesperson appointed by the Committee for that purpose. The other Committee members can make media announcements but shall not claim to present the official position of the Committee.

(4) The Committee members shall receive, upon request, information (in accordance with art. 7, paragraphs 6 and 7, Section B of the Agreement) on selected and approved projects in the context of the Programme as well as on rejected projects. They shall also have access to the minutes of the meetings of Project Selecting Committees.

Scope of work of the Committee

Art. 10 (1) The Monitoring Committee shall:

1. review the progress made towards achieving the objectives set out in the Programme. For this purpose it shall be given the following:
a)   information on any sector where difficulties are experienced in finding normal market outlets at the Community level;
b) information on the results of controls carried out;
c) the list and the characteristics of all approved projects and those not approved

2. consider, give an opinion and approve the amendments of the physical and financial indicators in the system for monitoring and evaluation, set up by the SAPARD Agency; as well as of the criteria and ranking for selecting the projects financed under each measure of the Programme, before submission to the Commission.

3. examine at least twice a year the results of the implementation of the Programme, particularly the achievement of targets set for the different measures and the progress on utilisation of the financial allocations to measures and sub-measures where the Programme includes such allocations. In this regard, the Managing Authority shall ensure that all relevant information and documentation on measures and sub-measures shall be given to the Secretariat in due time to enable the Secretariat to circulate them to all Committee members in accordance with deadlines as of art. 13. The Secretariat shall report to the Committee all failures of a Programme implementing body to supply complete documentation in time for a meeting.

4. examine the mid-term evaluation referred to in art.10, section B of the Agreement, before sending it to the Commission. For this purpose, it shall overview the intended procedure for evaluation, e.g. timing, evaluation plan, terms of reference, scope and implications, as well as compliance of the results with the preliminary evaluation, correspondence of the objectives and the extent of their achievement and quality of the evaluation and Programme implementation.

5. consider and approve the annual and final implementation reports before they are sent to the Commission, according to Section B, art. 8 (1) of the Agreement.

6. consider and approve, where appropriate, any proposal to the Commission to amend the Programme.

8. ensure the co-ordination of the monitoring between the SAPARD programme, the ISPA and PHARE instruments and assistance from other international financing institutions. In this regard the Committee shall regularly inform the Joint Monitoring Committee on the EU funded PHARE, ISPA and SAPARD programmes (in pursuance of Regulation No 3 / 20.01.2000 of the Council of Ministers).

9. decide to establish sub-committees (of Committee members) and working groups (in which experts who are not Committee members may also participate), which shall prepare reports on various issues for submission to the Committee. Sub-committees and working groups shall not take decisions.

10. consider and approve the annual report of the Managing Authority for the initiatives taken and those to be taken, with regard to informing the general public about the role played by the Community in the Programme and its results, before sending it to the Commission, according to Section B, art. 5 (7) of the Agreement

11. consider and take into account the annual reports of the Certifying Body according to Section A, art. 6 (7) of the Agreement

12. give opinion on any matter when required by the Programme.

Art. 11 (1) The Committee shall consider and approve its budget and the reports on its activities.

Part IV

Quorum and decision-making

Art. 12 (1) The Committee shall be in quorum if there are more than 3/4 of its members with voting right (or their proxies) present, including the Chairperson.

(2) The meetings of the Committee shall be closed. The meetings may be attended by the members of the Secretariat as well as by representatives of the SAPARD Agency, determined by the Chairperson. The Committee may decide to hold open debates on particular topics.

(3) The Committee shall be a permanently functioning authority. Its decisions shall be reached by consensus of the Committee members with voting right present at the meeting.

(4) In the event of the Committee being unable to arrive at consensus in respect to any matter, special efforts shall be made to resolve the issue including by its submission for consideration by a working group, composed of Committee members with voting right and established for this purpose. The Committee shall be informed of the conclusion of the working group through the minutes of its meetings in which all viewpoints and objections shall be recorded in detail.

Part V

Meetings, Minutes, Written procedures

Art. 13 (1) The Committee shall meet not less than twice a year. Additional meetings may be held at the initiative of the Chairperson to consider important issues such as the mid-term evaluation, or other matters of particular concern. Additional meetings may also be held at the request (in writing) of ¼ of the Committee members. Within 1 month after the receipt of the request, the Chairperson shall determine the date of the meeting.

(2) The location of the meetings shall be decided by the Chairperson and communicated to all members in advance. The working languages shall be Bulgarian and English (or French).

(3) The members shall be informed by the Chairperson about the meeting of the Monitoring Committee at least  25 working days before the date of the meeting. The notice shall be made in writing and forwarded by e-mail or fax.

(4) The draft agenda and all papers and documents related to the meeting of the Committee shall be circulated to all members at least  15 working days before the date of the meeting.

(5) if the deadlines as of paragraphs 3 and 4 are not observed, the members with voting right may ask for the meeting to be postponed.

(6) Any Committee member wishing to add an item to the agenda shall make the request in writing no later than 7 days before the date of the meeting. The request shall contain an overview of the matter. The Committee cannot take decisions on proposal submitted under this paragraph unless the deadline for submitting proposals outlined in paragraph (4) is respected. All communications related to the activities of the Committee shall be addressed to the Chairperson who shall forward them to the Secretariat.

(7) The Chairperson may invite experts, who are not Committee members, to take part in the meetings with regard to a specific matter in the agenda. The experts shall take part only in the discussions on the matter they have been invited to address and shall have advisory capacity. They shall also be obliged not to disclose confidential information discussed at the meetings.

Art. 14 (1) The meetings of the Committee shall be recorded in minutes. The Chairperson shall decide the method by which minutes shall be prepared. The minutes shall be prepared in both Bulgarian and English languages and shall include the agenda of the meeting, the attendance list, overview of the issues discussed, opinions expressed, and decisions taken.

(2) The draft minutes of each meeting shall be drawn up by the Secretariat and circulated for comment to all members who were present at the meeting no later than 15 working days after the meeting. The draft minutes shall be placed on the agenda for the next meeting for formal approval by the Committee.

(3) The approved minutes shall be signed by the Chairperson and the Committee member representing the Secretariat and shall be circulated to all members.

(4) The Chairperson shall be responsible for the contents of the minutes and for their circulation to relevant institutions including the European Commission, and the SAPARD Agency.

Art. 15 In case of urgent matters or matters which do not justify a special meeting of the Monitoring Committee, the Chairperson shall submit to the Committee members in writing a draft decision duly accompanied by an explanatory letter. The Committee members shall express an opinion in writing on that draft decision within the specified deadline. If there is no objection raised, the Committee shall adopt the draft decision. If any objection is raised, the matter shall be discussed at the next meeting of the Committee.

Art. 16 (1) The work of the Committee shall be supported by a Secretariat. The Secretariat functions shall be carried out by the SAPARD Department (Rural Development Directorate – MAF).

(2) The Secretariat shall be responsible for:
1. the preparation of all information and materials necessary for effective work of the Committee (reports, analyses, proposals, etc) in accordance with art. 10
2. the organisational arrangements of the meetings of the Committee and shall assist in the realisation of the activities, connected with the monitoring of the Programme, led by the Chairperson
3. the creation and periodic up-dating of information data base in order to have an up-to-date overview of progress achieved in Programme implementation
4. drawing up a record of each meeting of the Committee
5. providing interpretation at the meetings and translation of the minutes and other working documentation of the Committee meetings
6. providing information to the Committee about the Programme and its publicity
7. carrying out other tasks according to the instructions of the Chairperson

Part VI

Auxiliary Provisions

Art. 17  For the purposes of these Rules of Procedure:

(1) “systematic violation” means more than 2 successive failures by a Committee member to fulfill his/her duties as specified by hereby rules.

(2) “confidential information” means data on contracts, payments to and from third parties, pricing and marketing policies, product, management and technological systems, which, if publicized, may damage the commercial interests of Programme beneficiaries.

Part VII

Final Provisions

Art. 18 (1) These rules were accepted by all Committee members on the grounds of Section B, art. 7, paragraph 3 of the Agreement at the first meeting of the Monitoring Committee.

(2) The rules may be modified following approval by the Committee members    with voting right. Deliberated changes in the rules of procedure shall be communicated to the European Commission in advance.

(3) The rules were adopted in the Bulgarian and English languages on 22 May, 2001.