COMMISSION DECISION
of 18 December 2009
on the adoption of the Work Plan for 2010 for the implementation of the second programme of Community action in the field of health (2008-2013), on the selection, award and other criteria for financial contributions to the actions of this programme and Community payment to the WHO Framework Convention on tobacco control
(notified under document C(2009) 10183)
(2009/964/EU)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on European Union and to the Treaty on the Functioning of the European Union,
Having regard to Decision No 1350/2007/EC of the European Parliament and of the Council of 23 October 2007 establishing a second programme of Community action in the field of health (2008-13) (1), and in particular Article 8(1), thereof,
Having regard to Commission Decision 2004/858/EC of 15 December 2004 setting up an executive agency, the ‘Executive Agency for the Public Health Programme’, for the management of Community action in the field of public health - pursuant to Council Regulation (EC) No 58/2003 (2), and in particular Article 6 thereof,
Whereas:
(1)
Decision No 1350/2007/EC (hereinafter referred to as the Programme Decision) established the second programme of Community action in the field of health (2008-2013) (hereinafter referred to as the second Health Programme).
(2)
The second Health Programme is intended to complement, support and add value to the policies of the Member States and contribute to increased solidarity and prosperity in the European Union. The Programme's objectives are to improve citizens' health security; to promote health, including the reduction of health inequalities; and to generate and disseminate health information and knowledge.
(3)
Under Article 8 of the Programme Decision, the Commission shall adopt an annual Work Plan setting out priorities and actions to be undertaken, including the allocation of financial resources, criteria for the percentage of Community financial contribution, including criteria for assessing whether or not exceptional utility applies, the arrangements for implementing the joint strategies and actions referred to in Article 9 of the same Decision.
(4)
Under Article 8 of the Programme Decision, the Commission shall adopt selection, award and other criteria for financial contributions to the actions of the Programme in accordance with Article 4 of the same Decision.
(5)
According to Articles 4 and 6 of Decision 2004/858/EC, the Executive Agency for Health and Consumers carries out certain activities for implementation of the programme on public health and should receive the necessary appropriations for that purpose.
(6)
Under Article 75 of the Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (3) (hereinafter referred to as the Financial Regulation), the commitment of the expenditure should be preceded by a financing decision adopted by the institution or the authorities to which powers have been delegated by the institution.
(7)
Under Article 110 of the Financial Regulation, grants are subject to an annual programme, to be published at the start of the financial year.
(8)
Under Article 166 of the Commission Regulation (EC, Euratom) No 2342/2002 of 23 December 2002 laying down detailed rules for the implementation of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (4) (hereinafter referred to as implementing rules of the Financial Regulation), the annual work programme for grants is adopted by the Commission. It is to specify the basic act, the objectives and the schedule of calls for proposals with the indicative amount and the results expected.
(9)
According to Article 90 of the implementing rules of the Financial Regulation, the decision adopting the annual work programme referred to in Article 110 of the Financial Regulation may be considered to be the financing decision within the meaning of Article 75 of the Financial Regulation, provided that this constitutes a sufficiently detailed framework.
(10)
Under Article 168(1)(c) and (f) of the implementing rules of the Financial Regulation, the Commission can decide to award grants without a call for proposals to bodies with a duly substantiated de jure or de facto monopoly.
(11)
The measures provided for in this Decision are in accordance with the opinion of the Committee of the second programme of Community action in the field of health (2008-2013),
HAS ADOPTED THIS DECISION:
Article 1
1. The Work Plan for 2010 for the implementation of the second programme of Community action in the field of health (2008-2013) as set out in Annex I and the selection, award and other criteria for financial contributions to the actions under the second Community Programme in the field of health (2008-2013), as set out in Annexes II, IV, V and VI, and the Community payment to the WHO Framework Convention on tobacco control are hereby adopted.
They will serve as the financing decision for grants and contracts the awarding of which does not require a Commission decision.
The implementation of the Work Plan is under reserve of the adoption by the Budget Authority of the budgetary allocations proposed by the Commission in the Preliminary Draft Budget 2010.
2. Within the maximum indicative budget of each specific action, cumulated changes not exceeding 20 % are not considered to be substantial provided that they do not significantly affect the nature and objectives of the Work Plan. The authorising officer, as referred to in Article 59 of the Financial Regulation, may adopt such changes in accordance with the principles of sound financial management.
3. The Director-General for Health and Consumers shall ensure the overall implementation of this Work Plan.
Article 2
Grants identified in this Work Plan to bodies with a de jure or de facto monopoly are awarded under the conditions provided for in Article 168(1)(c) and (f) of the implementing rules of the Financial Regulation.
Article 3
The budget allocations necessary for the management of the programme of Community action in the field of health (2008-2013) shall be delegated to the ‘Executive Agency for Health and Consumers’ under the conditions and within the limits of the amounts laid down in the Work Plan in Annex I.
The operating subsidy entered in the budget line 17 01 04 30 shall be paid to the ‘Executive Agency for Health and Consumers’.
Article 4
The appropriations covered by the Work Plan in Annex I may be used to pay default interest in accordance with Article 83 of the Financial Regulation.
Article 5
This Decision is addressed to the Director-General for Health and Consumers.
Done at Brussels, 18 December 2009.