Introductory text

THE EUROPEAN COMMISSION,

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

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^f1 (hereinafter referred to as the ‘Financial Regulation’), and in particular Article 75 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^f2 (hereinafter referred to as the ‘Implementing Rules’), and in particular Article 90 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^f3, and in particular Article 66(1)(c) thereof,

Whereas:

In accordance with Article 75 of the Financial Regulation and Article 90(1) of the Implementing Rules, 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.

Different actions are foreseen to amend Regulation (EC) No 882/2004 as outlined in the report from the Commission to the European Parliament and to the Council on the application of said Regulation^f4, in particular those related to the amendment of Council Directive 96/23/EC^f5 on measures to monitor certain substances and residues thereof in live animals and animal products and on the review of the rules on the financing of official controls (inspection fees – Articles 26 to 29 of Regulation (EC) No 882/2004).

Studies to evaluate the possible impacts of the different options of the revision of the current European legislation on inspection fees and on the control of residues of veterinary medicines in food of animal origin are foreseen to be carried out in 2010.

Article 66 of Regulation (EC) No 882/2004 empowers the Commission to finance measures necessary to ensure the application of Regulation (EC) No 882/2004 including the organisation of studies.

It is appropriate to commit adequate financial resources for the organisation of studies related to a possible revision of the current rules on residue controls and inspection fees.

The present financing decision may also cover the payment of interest due for late payment on the basis of Article 83 of the Financial Regulation and Article 106(5) of the Implementing Rules.

It is appropriate to define the terms ‘substantial change’ within the meaning of Article 90(4) of the Implementing Rules for the application of this decision,

HAS ADOPTED THIS DECISION: