EN Official Journal of the European Union C 72/4

COMMISSION IMPLEMENTING DECISION

of 28 February 2014

on the financing of the 2014 work programme on IT tools in the field of food safety, animal health, animal welfare and plant health

2014/C 72/05

THE EUROPEAN COMMISSION,

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

Having regard to Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (1) (hereinafter referred to as ‘the Financial Regulation’), and in particular Article 84 thereof,

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 (2), and in particular Article 66(1)(c) and Article 66(2) thereof,

Having regard to Council Decision 2009/470/EC of 25 May 2009 on expenditure in the veterinary field (3), and in particular Articles 35(2) and 36(2),

Whereas:

(1) In accordance with Article 84 of Regulation (EU, Euratom) No 966/2012 (the Financial Regulation) and Article 94 of the Commission Delegated Regulation (EU) No 1268/2012 (4) (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.

(2) Commission Delegated Regulation (EU) No 1268/2012 identifies the degree of detail considered sufficient to describe the framework of a financing decision.

(3) Article 50(1) of Regulation (EC) No 178/2002 of the European Parliament and of the Council (5) establishes a rapid alert system for the notification of a direct or indirect risk to human health deriving from food or feed as a network and provides that the Commission is responsible for managing the network.

(4) Article 28 of Regulation (EC) No 1829/2003 of the European Parliament and of the Council (6) obliges the Commission to establish and maintain a publicly available register of genetically modified food and feed.

(5) Article 20 of Regulation (EC) No 1924/2006 of the European Parliament and of the Council (7) obliges the Commission to establish and maintain a register of nutrition and health claims made on food.

(6) Article 25 of Regulation (EC) No 1334/2008 of the European Parliament and of the Council (8) indicates that the Union shall establish a list of flavouring substances.

(7) Article 8 of Regulation (EC) No 450/2009 (9) foresees in the establishment of a register containing all food contact materials for which a valid application is submitted.

(8) Article 31(2) of Directive 2001/18/EC of the European Parliament and of the Council (10) obliges the Commission to establish one or several registers for the purposes of recording the information on genetic modifications in GMOs which can be used for the detection and identification of particular GMO products to facilitate post-marketing control and inspection.

(9) Articles 4 to 8 of Regulation (EC) No 258/97 of the European Parliament and of the Council (11) require the provision and maintenance of a network between the EU Member States and the European Commission for a fast exchange of data allowing the secure handling of confidential information.

(10) Article 2(1)(i) and Article 21(6) of Council Directive 2000/29/EC (12) provide for the establishment of a network for the notification of new occurrences of harmful organisms, for recommendations for drawing up guidelines for national inspectors in carrying out phytosanitary import inspections and for programmes aimed at raising the knowledge of national inspectors.

(11) Article 10 of Council Directive 69/464/EEC (13), Article 1(a) and Article 2 of Council Directive 93/85/EEC (14), Article 1(a) and Article 2 of Council Directive 98/57/EC (15) and Articles 1, 4 and 8 of Council Directive 2007/33/EC (16) lay down the requirements for controlling respectively potato wart disease, potato ring rot, potato brown rot and potato cyst nematodes, which are all very important diseases of the potato crop. They establish strict requirements for the execution of regular surveys to monitor the presence of the abovementioned harmful organisms, as well as obligations to communicate the results thereof to the Commission.

(12) Article 76(1)(a) of Regulation (EC) No 1107/2009 of the European Parliament and of the Council (17) provides the financing of the development of a database for gathering and storing all information related to plant protection products.

(13) Article 5(e) of Council Directive 68/193/EEC (18) provides that the Commission is to publish a common catalogue of varieties which fall within the scope of the Directive.

(14) Article 7(6) of Council Directive 2008/90/EC (19) provides that it may be decided that a common list of varieties may be established and published.

(15) Article 11(1) of Council Directive 99/105/EC (20) provides that the Commission may publish a ‘Community List of Approved Basic Material for the Production of Forest Reproductive Material’.

(16) Article 17(1) of Council Directive 2002/53/EC (21) and Article 17, paragraph 1 of Council Directive 2002/55/EC (22) provide that the Commission publishes a common catalogue of varieties of agricultural plant species and vegetable species respectively.

(17) Article 36(1)(a) of Regulation (EC) No 396/2005 of the European Parliament and of the Council (23) provides for the establishment of a consolidated database for Union legislation on maximum residues levels of pesticide residues and for making such information publicly available.

(18) Article 8 of Directive 96/23/EC (24) provides for a database for the monitoring plans.

(19) Article 6(4) of Regulation (EC) No 999/2001 of the European Parliament and of the Council (25) provides for a database in relation to the epidemiological surveillance of bovine spongiform encephalopathies.

(20) Article 10 of Regulation (EC) No 1333/2008 of the European Parliament and of the Council (26) requires the running and maintenance of databases in relation to the common authorisation procedure for food additives.

(21) Articles 35 and 36 of Decision 2009/470/EC allows for Union financial assistance for the introduction of systems to identify animals and notify diseases. A Union financial contribution should be granted for the management of and for improving the Animal Disease Notification System (ADNS), based on Commission Decision 2005/176/EC of 1 March 2005 (27).

(22) Article 36 of Council Decision 2009/470/EC provides for Union financial contribution for certain computerised systems used in intra-Union trade and imports.

(23) It is necessary to continue to provide financial contributions for hosting, management and maintenance of the integrated computerised veterinary system TRACES (Trade Control and Expert System) introduced by Commission Decision 2003/24/EC (28).

(24) According to Article 27 of Council Decision 2009/470/EC, Member States have to introduce applications for the eradication/surveillance programmes, reports and cost claims related to the approved programmes. The development of an online system for the submission of the applications, the reports and the claims would facilitate the handling of the information.

(25) In order to ensure the coordination, and an efficient implementation of the Directorate-General for Health and Consumers IT plan, the 2014 work programme for those actions, together with the necessary financing thereof, should be approved by this single Decision.

(26) The present financing Decision may also cover the payment of interest due for late payment on the basis of Article 92 of the Financial Regulation and Article 111 of the Rules of Application.

(27) For the application of this Decision, it is appropriate to define the term ‘substantial change’ within the meaning of Article 94(4) of the Rules of Application.

(28) The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,

HAS DECIDED AS FOLLOWS:

Article 1

The 2014 work programme concerning actions related to the creation and maintenance of IT tools in the field of food safety, animal health, animal welfare and plant health (‘the work programme’), as set out in Annex, is hereby adopted. Its adoption constitutes a financing decision in the meaning of Article 84 of the Financial Regulation.

Article 2

The maximum contribution authorised by this Decision for the implementation of the work programme is set at EUR 11 191 000, to be financed from budget line 17.0403 of the general budget of the European Union for 2014.

These appropriations may also cover interest due for late payment.

Article 3

Cumulated changes of the allocations to the specific actions covered by the work programme not exceeding 10 % of the maximum contribution authorised by Article 2 of this Decision are not considered to be substantial within the meaning of Article 94 of the Rules of Application, provided that they do not significantly affect the nature and objective of the work programme.

The authorising officer may adopt such changes in accordance with the principles of sound financial management and of proportionality.

Done at Brussels, 28 February 2014. For the Commission Tonio BORG Member of the Commission

(1) OJ L 298, 26.10.2012, p. 1.

(2) OJ L 165, 30.4.2004, p. 1.

(3) OJ L 155, 18.6.2009, p. 30.

(4) 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 (OJ L 362, 31.12.2012, p. 1).

(5) Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety (OJ L 31, 1.2.2002, p. 1).

(6) Regulation (EC) No 1829/2003 of the European Parliament and of the Council of 22 September 2003 on genetically modified food and feed (OJ L 268, 18.10.2003, p. 1).

(7) Regulation (EC) No 1924/2006 of the European Parliament and of the Council of 20 December 2006 on nutrition and health claims made on foods (OJ L 404, 30.12.2006, p. 9).

(8) Regulation (EC) No 1334/2008 of the European Parliament and of the Council of 16 December 2008 on flavourings and certain ingredients with flavouring properties for use in and on foods and amending Council Regulation (EEC) No 1601/91, Regulations (EC) No 2232/96 and (EC) No 110/2008 and Directive 2000/13/EC (OJ L 354, 31.12.2008, p. 34).

(9) Commission Regulation (EC) No 450/2009 of 29 May 2009 on active and intelligent materials and articles intended to come in contact with food (OJ L 135, 30.5.2009, p. 3).

(10) Directive 2001/18/EC of the European Parliament and of the Council of 12 March 2001 on the deliberate release into the environment of genetically modified organisms and repealing Council Directive 90/220/EEC (OJ L 106, 17.4.2001, p. 1).

(11) Regulation (EC) No 258/97 of the European Parliament and of the Council of 27 January 1997 concerning novel foods and novel food ingredients (OJ L 43, 14.2.1997, p. 1).

(12) Council Directive 2000/29/EC of 8 May 2000 on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against the spread within the Community (OJ L 169, 10.7.2000, p. 1).

(13) Council Directive 69/464/EEC of 8 December 1969 on control of Potato Wart Disease (OJ L 323, 24.12.1969, p. 1).

(14) Council Directive 93/85/EEC of 4 October 1993 on the control of potato ring rot (OJ L 259, 18.10.1993, p. 1).

(15) Council Directive 98/57/EC of 20 July 1998 on the control of Ralstonia solanacearum (Smith) Yabuuchi et al. (OJ L 235, 21.8.1998, p. 1).

(16) Council Directive 2007/33/EC of 11 June 2007 on the control of potato cyst nematodes and repealing Directive 69/465/EEC (OJ L 156, 16.6.2007, p. 12).

(17) Regulation (EC) No 1107/2009 of the European Parliament and of the Council of 21 October 2009 concerning the placing of plant protection products on the market and repealing Council Directives 79/117/EEC and 91/414/EEC (OJ L 309, 24.11.2009, p. 1).

(18) Council Directive 68/193/EEC of 9 April 1968 on the marketing of material for the vegetative propagation of the vine (OJ L 93, 17.4.1968, p. 15).

(19) Council Directive 2008/90/EC of 29 September 2008 on the marketing of fruit plant propagating material and fruit plants intended for fruit production (OJ L 267, 8.10.2008, p. 8).

(20) Council Directive 99/105/EC of 22 December 1999 on the marketing of forest reproductive material (OJ L 11, 15.1.2000, p. 17).

(21) Council Directive 2002/53/EC of 13 June 2002 on the common catalogue of varieties of agricultural plant species (OJ L 193, 20.7.2002, p. 1).

(22) Council Directive 2002/55/EC on the marketing of vegetable seed (OJ L 193, 20.7.2002, p. 33).

(23) Regulation (EC) No 396/2005 of the European Parliament and of the Council of 23 February 2005 on maximum residue levels of pesticide in or on food and feed of plant and animal origin and amending Council Directive 91/414/EEC (OJ L 70, 16.3.2005, p. 1).

(24) Directive 96/23/EC of 29 April 1996 on measures to monitor certain substances and residues thereof in live animals and animal products and repealing Directives 85/358/EEC and 86/469/EEC and Decisions 89/187/EEC and 91/664/EEC (OJ L 125, 23.5.1996, p. 10).

(25) Regulation (EC) No 999/2001 of the European Parliament and of the Council of 22 May 2001 laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies (OJ L 147, 31.5.2001, p. 1).

(26) Regulation (EC) No 1333/2008 of the European Parliament and of the Council of 16 December 2008 on food additives (OJ L 354, 31.12.2008, p. 16).

(27) Commission Decision 2005/176/EC of 1 March 2005 laying down the codified form and the codes for the notification of animal diseases pursuant to Council Directive 82/894/EEC (OJ L 59, 5.3.2005, p. 40).

(28) Commission Decision 2003/24/EC of 30 December 2002 concerning the development of an integrated computerised veterinary system (OJ L 8, 14.1.2003, p. 44).