EN Official Journal of the European Union L 269/26

COMMISSION DECISION

of 13 October 2009

concerning the adoption of a financing decision towards a preparatory action on control posts for 2009

(2009/755/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (1), and in particular Article 49(6)(b) and Article 75(2) thereof,

Having regard to 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 (2) (hereinafter referred to as the ‘Implementing Rules’), and in particular Article 90 thereof,

Whereas:

(1) The communication from the Commission to the European Parliament and to the Council on a Community action plan on the protection and welfare of animals 2006-2010 (3) identifies as one area of action the upgrading of existing minimum standards for animal protection and welfare in line with new scientific evidence and socioeconomic assessments as well as securing efficient enforcement.

(2) In order to improve the welfare of certain categories of transported animals, Community legislation lays down requirements concerning maximum journey times after which the animals are to be unloaded, fed and watered and rested. Such obligatory breaks in the long-distance transport of animals take place at control posts, as defined in Article 1(1) of Council Regulation (EC) No 1255/97 of 25 June 1997 concerning Community criteria for control posts and amending the route plan referred to in the Annex to Directive 91/628/EEC (4).

(3) The increased transport of animals by road over long journeys has raised the need for improved control posts. There is a need to determine, through the consultation of stakeholders and their technical expertise, quality criteria for control posts and which strategies should be developed within the Community to improve their use by transporters.

(4) In addition, control posts are missing in certain locations and a number of existing control posts are of poor quality standards. A preparatory action including the building or renovating of certain control posts should therefore be carried out.

(5) In 2008, a call for proposals was published by the Commission for a similar preparatory action, but none of the proposals received met the minimum criteria of the call, due to the lack of sufficient information regarding the economic viability of the projects as well as the source of co-financing.

(6) It is appropriate to provide Community financing for that preparatory action. In the general budget of the European Communities for 2009, the budgetary authority allocated EUR 4 000 000 to a preparatory action on control posts.

(7) This Decision constitutes a financing decision within the meaning of Article 75(2) of Regulation (EC, Euratom) No 1605/2002 and Article 90 of Regulation (EC, Euratom) No 2342/2002.

(8) Pursuant to Article 83 of Regulation (EC, Euratom) No 1605/2002, the validation, authorisation and payment of expenditure should be completed within the time limits laid down in the Implementing Rules.

(9) For the application of this Decision, it is appropriate to define the term ‘substantial change’, within the meaning of Article 90(4) of Regulation (EC, Euratom) No 2342/2002,

HAS DECIDED AS FOLLOWS:

Article 1

The preparatory action, as set out in the Annex (‘the preparatory action’) is hereby adopted.

Article 2

For the purposes of this Decision, the definition of ‘control post’ in Article 1(1) of Regulation (EC) No 1255/97 shall apply.

Article 3

The maximum contribution of the Community for the implementation of the preparatory action is set at EUR 4 000 000, to be financed from budget line 17 04 03 03 of the general budget of the European Communities for 2009.

Article 4

1. The authorising officer may adopt any changes to this Decision which are not considered substantial within the meaning of Article 90(4) of Regulation (EC, Euratom) No 2342/2002, in accordance with the principles of sound financial management and of proportionality.

2. Cumulated changes of the allocations to the actions covered by the preparatory action not exceeding 10 % of the maximum contribution provided for in Article 3 shall not be considered to be substantial within the meaning of Article 90(4) of Regulation (EC, Euratom) No 2342/2002, provided that they do not significantly affect the nature and objective of the preparatory action.

Done at Brussels, 13 October 2009. For the Commission Androulla VASSILIOU Member of the Commission

(1) OJ L 248, 16.9.2002, p. 1.

(2) OJ L 357, 31.12.2002, p. 1.

(3) COM(2006) 13 final.

(4) OJ L 174, 2.7.1997, p. 1.