PÔDOHOSPODÁRSKA PLATOBNÁ AGENTÚRA

 

STATUTE

of

The Agricultural Paying Agency



 

Article No. 1
Basic Provisions


(1) The Statute of the Agricultural Paying Agency (hereinafter as Statute) regarding the acts and other general legal provisions regulates the scope of activities and tasks of the Agricultural Paying Agency (hereinafter as the „paying agency“) and establishes the principles of the activities and the principles of the of its internal organization and the relations of the paying agency with the Ministry of the Agriculture of the Slovak Republic (hereinafter as the “ministry”) and bodies of the state administration and other authorities and organizations.

(2) The tasks, the principles of the activities and principles of the organization of the paying agency are listed in the Statute and they are obligatory for organization chart of the paying agency.

(3) The paying agency is the budget organization connected with the financial relations to the budget of the ministry.

(4) The paying agency is the legal person acting in legal relations on its own behalf.

(5) The residence of the agency is Bratislava.

(6) The identification number of the agency is 30794323.
 

Article No. 2
Status and the Scope of Activities of the Paying Agency


(1) The status and the scope of activities of the paying agency are established in the Act No. 543/2007 of the Coll. “On acting of the bodies of the state administration at supporting agriculture and rural development” (hereinafter as the “Act No. 543/2007 of the Coll.”)

(2) The Paying Agency as the accredited body of the state administration provides administration of supports in
  a) Agriculture, food industry, forestry and fisheries from the state budget according to the special prescriptions
  b) Agriculture, rural development and fisheries according to the special prescriptions

(3) The paying agency is authorised to establish the offices with stated scope of activities and operational area falling under it to provide execution of the activities 

Article No. 3
Main Tasks of the Paying Agency


(1) The Paying Agency in the specified scope

   a) Decides granting support under the special prescription and granting of the advance payment
   b) Decides the state aid in agriculture, food processing, forestry and fisheries
   c) Decides subsuming the applications for support into the measures with and the multiannual obligations
   d) Decides granting supports to the projects and other supports as in the a)
   e) Decides granting quotas, granting national quotas, premium options, granting premium options from the national quotas, administers and evaluates allocated quotas and premium options and their reserves; may decide the withdraw or reduction of the allocated quota or the premium option of its holder keeping the legal conditions
  f) Realizes interventions of the selected agricultural products
  g) Issues import and export licences, levies the financial securities, returns financial securities or parts of them, decides forfeiture of the financial security or the part of it, finances the export refunds for agricultural products and processed products
  h) Prepares and checks the agrarian price information, agrarian market information and provides the ministry and European Commission with it; price news is published on the internet page
  i) Distributes the identification numbers to the land blocks and their parts and keeps the files
  j) Levies the charges and tariffs in the sugar sector according to the special prescriptions and claims the retention charges and tariffs
  k) Decides financial discipline infringement processes according to the special prescriptions
  l) Lays down fines according to the special prescriptions and levies the charges, penalties and fines for financing and co-financing from the state budget according to the special prescriptions.
  m) Administer national reference quantities of milk and individual reference quantities of milk and informs about irregularities
  n) Submits the information including evaluation of the control processes and reports of the irregularities to the ministry; also reports about the irregularities to the Office of the Government of the Slovak Republic and the Ministry of Finances of the Slovak Republic
  o) Provides the ministry with the information about the implementation of the agricultural products promotion programmes, the effectiveness of amount incurred and provide financing of the approved programmes according to the special prescriptions
  p) Supplies the applicants with the processes and preparation of the methodical proceedings according to the special prescriptions
  q) Publishes the invitations, controls the objective correctness of the approved promotion programmes for the agricultural products at the internal market and third countries according to the special prescriptions, the objectively appropriate programmes
  r) Manages national programmes of stabilization and development of various sectors
  s) Imposing fines for administrative infringements under § 15 of the Act No. 543/2007 of the Coll., unless specific provisions to the contrary are made
  t) Providing information, documents and explanations relating to the operation of certifying authority
  u) Provides access to information systems on demand of the certifying authority
  v) Making contracts on the delegation of activities with external institutions
  w) Responds for the processes of settlement of state budget payments and EU budget
  x) Assignments according to the Act No. 491/2001 of the Coll. On the organization of the market with selected agricultural products, as amended (hereinafter as the " Act No. 491/2001 of the Coll.)
  y) Provides additional activities under a special regulation

(2) The Paying Agency carries out other tasks:

   a) Ensures the implementation of internal audit within its competence and according to the principles of international auditing standards
   b) Maintains an information system that includes an integrated administration and control system, accounting system and system for automated support of activities carried out within the administration of projects
   c) Processes data on the applicant for support in the information system to the extent specified by the Act No. 543/2007 of the Coll. and deals with them on terms laid down by special regulations,
   d) Publishes data on support provided to individual beneficiaries on the website of the paying agency
   e) Carries out preliminary and interim financial control for assessing applications for support under the Act No. 543/2007 of the Coll. and verifies compliance, unless the special regulations on the contrary are made
   f) Carries out follow up financial control in proportion of 5% of the funds for the Sectoral Operational Programme for Agriculture and Rural Development
   g) Cooperates with the competent national authorities responsible for providing necessary information at the request of the paying agency to maintain its essential operation scope and provides the information necessary for the operation of the relevant public bodies
   h) Provides the activities associated with pre-accession programme SAPARD

Article No. 4
Other tasks of the Paying Agency


(1) The Paying Agency carries out also the tasks

   a) in relation to the state budget,
   b) in the management of state property,
   c) in the field of control activities, dealing with petitions, complaints, suggestions and announcements of natural and legal persons
   d) in the field of economic mobilization and civil protection in preparation for national defense
   e) in the field of protection of classified information
   f) in the field of international relations including the EU issues
   g) in the management and development of information systems
   h) laid down by other generally binding legal regulations and resolutions of the Government of the Slovak Republic

(2) The Paying Agency provides tasks as a result of its status of the Civil Service Office within civil service relations and labour relations.

(3) More detailed definition of the tasks listed in paragraph 1 and 2 is laid down in the organization rules of the Paying Agency.

Article No. 5
Director General of the Paying Agency


(1) The Director General of the Paying Agency (hereinafter referred to as "Director General") is the statutory body of Agency who manages Agency's activities and is entitled to act on behalf of the Agency.

(2) The Director General is appointed to the office and recalled from the office by the Minister of Agriculture of the Slovak republic.

(3) The Director General executes his powers pursuant to the Act on the Civil Service.

(4) The Director General appoints his nominee, the senior civil servant, who is appointed to execute the powers of Director General during his absence in the office within the range of the written delegation of powers.

(5) The Director General of the paying agency decides all matters concerning the paying agency. He responds to the Minister of Agriculture of the Slovak Republic for the management of the funds under the Act No. 523/2004 of the Coll. on Financial Rules of Public Administration, as amended (hereinafter the Act 523/2004).

(6) The Director General under the Act on the Civil Service is the Head of the Office Staff, the highest senior civil servant in the hierarchy rank of all employees in the Paying Agency and performs tasks according to Art. 4. par. 2 of this Statute and the tasks related to role of special, organizational and technical aspects of a paying agency.
 

Article No. 6
The Organizational Structure of the Paying Agency


(1) The Paying Agency is organizationally divided into the Office of Director-General, Organizational and Technical Support Section and the sections providing the implementation and monitoring of support schemes and subsidies payments and regional offices.

(2) The Office of Director General is formed by departments ensuring internal and external affairs of the paying agency, resulting from its status as a public authority and its scope of activities as the implementing body.

(3) Section is the basic organizational level of management and decision, bearer of the tasks of the paying agency as defined under the headings of specific, professional activities. Section is divided into divisions. The Director General may decide on a dividing of the division into departments in case of strongly differentiated actions and in appropriate cases may also establish other specialized organizational unit of the paying agency.

(4) The Regional Offices of the Paying Agency are the specific organizational units with a range of activities and the territorial scope of their circumference, with the competencies and scope defined by the Director General.

(5) Details of the Paying Agency's organizational structure, scope and organizational relationships of the units of the Paying Agency, the scope of powers and responsibilities of staff are governed by the organization rules of the Paying Agency.

(6) Organization units of the Paying Agency are managed by senior civil servants of the Paying Agency, appointed by the Director-General, with the following levels of management: 
   I. Director General,
   II. Director of the Section,
   III. Director of the Division, the Head of the Regional Office,
  IV. Head of the Department.

(7) Organizational units are constituted respecting the principles of European Union legislation on the differentiated scope and responsibilities.

Article No. 7
Principles of the Paying Agency


(1) The Paying Agency performs its tasks in compliance with the Constitution of the Slovak Republic, laws and other generally binding legislation, legislation of the European Union / European Communities, the Resolutions of the Government of the Slovak Republic, Ministry Decisions, the Statute of the Paying Agency and Organization rules of the Paying Agency, paying agency's internal regulations.

(2) The Paying Agency applies in its activities the organizational principles of government administration and such forms and methods of work aimed at rationalization and increasing its efficiency by ensuring a professional approach to solving problems, and systematic monitoring of performance, co-operates closely with the Ministry and the relevant competent authorities , uses incentives and experience of local government authorities and the public, using scientific knowledge and other institutions and research centres, efficiently using resources and organizational forms of computer technology and teamwork.

(3) The Director General establishes consultation of the management of the Paying Agency and may also establish other permanent or temporary advisory bodies to ensure the performance of the tasks of the Paying Agency. Advisory bodies discuss important issues related to the activities of the Paying Agency.
 

Article No. 8
Acting on Behalf of the Paying Agency


(1) The Paying Agency may on its own behalf acquire rights and oblige itself within the terms of generally binding laws and international treaties to which the Slovak Republic is obliged.

(2) The statutory authority is entitled to act in all cases of legal acts of the Paying Agency.

Article No. 9
Economy of the Paying Agency


(1) The Paying Agency statute as a budgetary organization and its economy is governed by the Act No. 523/2004 of the Coll.

(2) The Paying Agency collects revenues and expenses associated with implementing the intervention measures via separate off-budget account. Unspent balances in this account may be used in the next financial year.

(3) The Paying Agency collects at separate extra-budgetary accounts finances for infringements of financial discipline in beneficiary’s management with finances provided by the European Agricultural Guarantee Fund and the European Agricultural Fund for Rural Development, and especially for the European Agricultural Guarantee Fund, and specifically for the European Agricultural Fund for Rural Development.

(4) The Paying Agency shall keep accounts according to special regulation.

Article No. 10
Relations of the Paying Agency to Government Authorities and Other Bodies, Legal Persons and Natural Persons


(1) The Paying Agency shall work in cooperation with relevant government authorities providing the information necessary for its operation at its request and the Paying Agency provides the information necessary for the operation of the relevant public authorities.

(2) The Paying Agency to achieve the purpose of the Act No. 491/2001 of the Coll. is entitled to request from the relevant government authorities and entrepreneurs the data products and relevant records.

Article No. 11
Final Provisions


(1) Statute of the Agricultural Paying Agency, approved by the Minister of Agriculture of the Slovak Republic No. 1181/2007-100 of 31 01. 2007, including Appendix 1 to the Statute of 26. 03. 2007 is repealed.

(2) Statute of the Paying Agency and its amendments shall be approved by the Minister of Agriculture of the Slovak Republic.

(3) In accordance with this Statute Director General of the Paying Agency shall issue internal regulations.

(4) This Statute shall enter into force and effect on 1st December 2008.



 

Stanislav Becík
Minister of Agriculture
of the Slovak Republic