EN Official Journal of the European Union L 206/16

COMMISSION DECISION

of 7 August 2009

concerning the financial contribution by the Community, for the year 2009, towards a two-year long pilot project in the field of air quality in schools

(2009/604/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 Articles 49(6)(a) and (b) and 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), and in particular Article 90 thereof,

Whereas:

(1) The general budget of the European Union for the financial year 2009 contains budget line 17 03 09 — pilot project on Complex research on health, environment, transport and climate change (HETC) — Improvement of indoor and outdoor air quality.

(2) Under Article 49(1) of Regulation (EC, Euratom) No 1605/2002 (hereinafter referred to as the Financial Regulation), a basic act must first be adopted before the appropriations entered in the budget for any action by the Communities or by the European Union may be used.

(3) Under Article 49(6)(a) and (b) of the Financial Regulation, by way of derogation from Article 49(1), appropriations for pilot schemes of an experimental nature designed to test the feasibility of an action and its usefulness, and appropriations for preparatory actions in the fields of application of the EC Treaty designed to prepare proposals with a view to the adoption of future actions may be implemented without a basic act provided the actions which they are intended to finance fall within the powers of the Communities or the European Union.

(4) Under Article 75(2) of the Financial Regulation, the commitment of the expenditure must be preceded by a financing decision adopted by the institution or the authorities to which powers have been delegated by the institution.

(5) Under Article 90(2) of Regulation (EC, Euratom) No 2342/2002 (hereinafter referred to as the detailed rules for the implementation of the Financial Regulation), where the implementation of the corresponding appropriations is provided for by an annual work programme constituting a sufficiently detailed framework, the work programme is to be considered to be the financing decision for the grants and procurement contracts involved.

(6) The budget authority has earmarked specific funding in the budget of the EU for 2009, namely on budget line 17 03 09, for a pilot project on Complex research on health, environment, transport and climate change (HETC) — Improvement of indoor and outdoor air quality.

(7) It is appropriate to adopt the annual work program for the pilot project on Complex research on health, environment, transport and climate change (HETC) — Improvement of indoor and outdoor air quality, which will constitute the financing decision for that project within the meaning of Article 75 of the Financial Regulation and Article 90 of the detailed rules for the implementation of the Financial Regulation,

HAS DECIDED AS FOLLOWS:

Article 1

The work programme set out in the Annex is approved and shall be financed through budget line 17 03 09 of the general budget of the European Union for the financial year 2009, up to a maximum of EUR 4 000 000.

Article 2

This decision constitutes a financing decision within the meaning of Article 75 of the Financial Regulation and Article 90 of the detailed rules for the implementation of the Financial Regulation.

The Director-General for Health and Consumers shall be in charge of its implementation.

Done at Brussels, 7 August 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.