# Commission Implementing Decision of 19 February 2013 as regards a Union financial aid towards a coordinated control plan with            a view to establish the prevalence of fraudulent practices in the marketing of certain foods (notified under document C(2013)            1035) (2013/98/EU)         

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U.K.

# Commission Implementing Decision

# of 19 February 2013

# as regards a Union financial aid towards a coordinated control plan with a view to establish the prevalence of fraudulent                        practices in the marketing of certain foods                     

# (notified under document C(2013) 1035)

# (2013/98/EU)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EC) No 882/2004 of the European Parliament and of the Council of 29 April 2004 on official controls                           performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules(1), and in particular Article 66 thereof,                        

Whereas:

(1)Following controls being carried out since December 2012 in a number of Member States, the Commission was informed of fraudulent                              practices in certain foods. It was therefore necessary for the Commission to recommend to the Member States, by means of Commission                              Recommendation 2013/99/EU(2), a coordinated control plan with a view to establish the prevalence of these fraudulent practices in the marketing of such                              foods. The coordinated control plan should be carried out for a period of one month starting from the date of the adoption                              of the Commission Recommendation, or at the latest by 1 March 2013.

(2)In order to facilitate smooth and fast application of this plan, the Union should financially support the Member States which                              carry out this plan at the most appropriate level. Taking into account the exceptional character of the situation, the urgent                              need to reassure consumers, to prevent disruption of trade in the concerned market and ensure that Union exports are not affected,                              it is duly justified to fix the rate of eligible costs borne by the Union at 75 %.

(3)Based on current information the cost for carrying out DNA tests on foods marketed and/or labelled as containing beef and                              for detecting phenylbutazone (PBZ) residues in horse meat are estimated at EUR 400 per test or detection.

(4)With a Union co-financing rate of 75 %, the maximum Union contribution for carrying out DNA and PBZ tests would be EUR 300                              per test.

(5)In accordance with Article 84 of the Financial Regulation and Article 94 of the Commission Delegated Regulation (EU) No 1268/2012                              of 29 October 2012 on the rules of application of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the                              Council on the financial rules applicable to the general budget of the Union(3) (hereinafter referred to as ‘the Rules of Application’), the commitment of expenditure from the Union budget shall be preceded                              by a financing decision setting out the essential elements of the action involving expenditure and adopted by the institution                              or the authorities to which powers have been delegated by the institution.

(6)The measures eligible for Union financial support are defined within the current Commission Implementing Decision.

(7)The financial contribution from the Union should be granted subject to the condition that the tests and analyses have been                              carried out and that the competent authorities supply all the necessary information within the time limits laid down in this                              Decision.

(8)For reasons of administrative efficiency all expenditure submitted for a financial contribution by the Union should be expressed                              in euro. In accordance with Council Regulation (EC) No 1290/2005 of 21 June 2005 on the financing of the common agricultural                              policy(4), the conversion rate for expenditure in a currency other than the euro should be the most recent exchange rate set by the                              European Central Bank prior to the first day of the month in which the application is submitted by the Member State concerned.

(9)Under Regulation (EC) No 1290/2005, financial contribution to these kind of plans are to be financed under the European Agricultural                              Guarantee Fund. For financial control purposes, Articles 9, 36 and 37 of that Regulation shall apply,

HAS ADOPTED THIS DECISION:

## Article 1U.K.Subject matter

The Union shall contribute to the costs incurred by the Member States for the application of the control plan referred to                     in the Recommendation 2013/99/EU (hereinafter ‘Commission Recommendation’), with a total maximum amount of EUR 1 357 500 to                     be financed from budgetary line 17 04 07 01.                  

## Article 2U.K.Eligible costs

1.The Union contribution referred to in the Commission Recommendation shall take the form of a partial reimbursement of 75 %                        of the costs of the tests performed by the competent authorities to implement the control plan referred to in Article 1 of                        Commission Recommendation.                  

The Union contribution cannot exceed:

(a)EUR 300 per test;                  

(b)the amounts indicated in Annex I.                  

2.Only the costs indicated in Annex II shall be eligible to the contribution.                  

## Article 3U.K.Eligibility rules

1.The Union contribution referred to in Article 1 is subject to the following conditions:                  

(a)the tests have been performed in accordance with the terms of the Commission Recommendation during the period referred to                        in Section II of the Annex thereto;                  

(b)the Member States have provided the Commission with the report referred to in Section III of the Annex to Commission Recommendation                        and within the deadline set out in that section;                  

(c)by 31 May 2013, the Member States have provided the Commission, in electronic form, with a financial report according to the                        format laid out in Annex III.                  

2.The Commission may reduce the amount of the contribution referred to in Article 1 in cases where the conditions referred to                        in paragraph 1 are not met, having regard to the nature and gravity of the non-compliance and to the potential financial loss                        for the Union.                  

## Article 4U.K.Currency and conversion rate

1.The expenditure submitted by the Member States for a financial contribution by the Union shall be expressed in euro and shall                        exclude value added tax and all other taxes.                  

2.Where the expenditure of a Member State is in a currency other than the euro, the Member State concerned shall convert it                        into euro by applying the most recent exchange rate set by the European Central Bank prior to the first day of the month in                        which the application is submitted by the Member State.                  

# Article 5U.K.

This Decision constitutes a financing decision in the meaning of Article 84 of the Financial Regulation.

# Article 6U.K.

This Decision shall be applicable from the date of publication of the Commission Recommendation.

# Article 7U.K.

This Decision is addressed to the Member States.

Done at Brussels, 19 February 2013.

*For the Commission*                            

Tonio Borg                            

*Member of the Commission*                            

## ANNEX IU.K.

### **Maximum amount of the EU contribution referred to in Article 2(1)**

## ANNEX IIU.K.**Eligible expenditure as referred to in Article 2(2)**

The expenditure eligible for a financial contribution by the Union for carrying out the tests mentioned in this Implementing                     Decision shall be limited to the costs incurred by the Member States for:                  

the purchase of test kits, reagents and all consumables identifiable and especially used for carrying out the tests;

personnel, whatever the status, specifically allocated entirely or in part for carrying out the tests in the premises of the                              laboratory; the costs are limited to actual salaries plus social security charges and other statutory costs included in the                              remuneration;                           

costs for sending samples to the laboratory carrying out the analysis/tests; and

overheads equal to 7 % of the sum of the costs referred to in (a), (b) and (c).

## ANNEX IIIU.K.

### **Financial report as referred to in Article 3(1)(c)**

1

OJ L 165, 30.4.2004, p. 1.                           

2

See page 28 of this Official Journal.

3

OJ L 362, 31.12.2012, p. 1.                           

4

OJ L 209, 11.8.2005, p. 1.