2011/889/EU: Commission Implementing Decision of 21 December 2011 as regards a Union financial aid for the year 2012 to European Union reference laboratories (notified under document C(2011) 9521)

THE EUROPEAN COMMISSION,

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

Having regard to Council Decision 2009/470/EC of 25 May 2009 on expenditure in the veterinary field⁽¹⁾, and in particular Article 31(1) and (2) 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 32(7) thereof,

Whereas:

1. European Union reference laboratories may be granted a Union financial aid in accordance with Article 31 of Decision 2009/470/EC.

2. Commission Implementing Regulation (EU) No 926/2011 of 12 September 2011 for the purposes of Council Decision 2009/470/EC as regards Union financial aid to the EU reference laboratories for feed and food and the animal health sector⁽³⁾ provides that the financial aid from the Union is to be granted if the approved work programmes are implemented effectively and that the beneficiaries supply all the necessary information within certain time limits.

3. The Commission has assessed the work programmes and corresponding budget estimates submitted by the European Union reference laboratories for the year 2012.

4. Accordingly, a Union financial aid should be granted to the European Union reference laboratories designated in order to co-finance their activities to carry out the functions and duties provided for in Article 32 of Regulation (EC) No 882/2004. The Union’s financial aid should be at the rate of 100 % of eligible costs as defined in Implementing Regulation (EU) No 926/2011.

5. For the six European Union reference laboratories designated within the Joint Research Centre, the relationship is laid down in an annual administrative arrangement supported by a work programme and its budget as the Joint Research Centre and the Directorate-General for Health and Consumers are both services of the Commission.

6. Implementing Regulation (EU) No 926/2011 lays down eligibility rules for the workshops organised by the European Union reference laboratories. It also limits the financial aid to a maximum of 32 participants, 3 invited speakers and 10 representatives of third countries in workshops. Derogations to that limitation should be provided in accordance with Article 15(4) of Implementing Regulation (EU) No 926/2011 to some European Union reference laboratories that need support for attendance by more than 32 participants in order to achieve the best outcome of its workshops. Derogations can be obtained in case a European Union reference laboratory takes the leadership and responsibility when organising a workshop with another European Union reference laboratory.

7. In accordance with Article 3(2)(a) of Council Regulation (EC) No 1290/2005 of 21 June 2005 on the financing of the common agricultural policy⁽⁴⁾, animal disease eradication and control programmes (veterinary measures) shall be financed from the European Agricultural Guarantee Fund (EAGF). Furthermore, Article 13, second paragraph of that regulation foresees that in duly justified exceptional cases, for measures and programmes covered by Council Decision 90/424/EEC of 26 June 1990 on expenditure in the veterinary field⁽⁵⁾, expenditure relating to administrative and personnel costs incurred by Member States and beneficiaries of aid from the EAGF shall be borne by the Fund. For financial control purposes, Articles 9, 36 and 37 of Regulation (EC) No 1290/2005 are to apply.

8. The measures provided for in this Decision are in accordance with the opinion of the Standing Committee of the Food Chain and Animal Health,

HAS ADOPTED THIS DECISION: