HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"EN
21.2.2013 Official
Journal
of
the
European
Union L
48/23
COMMISSION IMPLEMENTING DECISION
of 19 February 2013
as regards a Union financial aid towards a coordinated control plan with a view to establish the
prevalence of fraudulent practices in the marketing of certain foods
(notified under document C(2013) 1035)
(2013/98/EU)
THE EUROPEAN COMMISSION,
application of Regulation (EU, Euratom) No 966/2012 of
the European Parliament and of the Council on the
Having regard to the Treaty on the Functioning of the European
financial rules applicable to the general budget of the
Union,
Union ( 3 ) (hereinafter referred to as ‘the Rules of Appli
cation’), the commitment of expenditure from the Union
budget shall be preceded by a financing decision setting
Having regard to Regulation (EC) No 882/2004 of the European
out the essential elements of the action involving expen
Parliament and of the Council of 29 April 2004 on official
diture and adopted by the institution or the authorities to
controls performed to ensure the verification of compliance
which powers have been delegated by the institution.
with feed and food law, animal health and animal welfare
rules ( 1 ), and in particular Article 66 thereof,
(6) The
measures
eligible
for
Union
financial
support
are
defined within the current Commission Implementing
Whereas:
Decision.
(1) Following
controls
being
carried
out
since
December
2012 in a number of Member States, the Commission
(7) The
financial
contribution
from
the
Union
should
be
was informed of fraudulent practices in certain foods. It
granted subject to the condition that the tests and
was therefore necessary for the Commission to
analyses have been carried out and that the competent
recommend to the Member States, by means of
authorities supply all the necessary information within
Commission Recommendation 2013/99/EU ( 2 ), a coor
the time limits laid down in this Decision.
dinated control plan with a view to establish the
prevalence of these fraudulent practices in the
marketing of such foods. The coordinated control plan
(8) For
reasons
of
administrative
efficiency
all
expenditure
should be carried out for a period of one month starting
submitted for a financial contribution by the Union
from the date of the adoption of the Commission
should be expressed in euro. In accordance with
Recommendation, or at the latest by 1 March 2013.
Council Regulation (EC) No 1290/2005 of 21 June
2005 on the financing of the common agricultural
policy ( 4 ), the conversion rate for expenditure in a
(2) In
order
to
facilitate
smooth
and
fast
application
of
this
currency other than the euro should be the most
plan, the Union should financially support the Member
recent exchange rate set by the European Central Bank
States which carry out this plan at the most appropriate
prior to the first day of the month in which the appli
level. Taking into account the exceptional character of
cation is submitted by the Member State concerned.
the situation, the urgent need to reassure consumers, to
prevent disruption of trade in the concerned market and
ensure that Union exports are not affected, it is duly
(9) Under
Regulation
(EC)
No
1290/2005,
financial
justified to fix the rate of eligible costs borne by the
contribution to these kind of plans are to be financed
Union at 75 %.
under the European Agricultural Guarantee Fund. For
financial control purposes, Articles 9, 36 and 37 of
(3) Based
on
current
information
the
cost
for
carrying
out
that Regulation shall apply,
DNA tests on foods marketed and/or labelled as
containing beef and for detecting phenylbutazone (PBZ)
residues in horse meat are estimated at EUR 400 per test
HAS ADOPTED THIS DECISION:
or detection.
Article 1
(4) With
a
Union
co-financing
rate
of
75
%,
the
maximum
Union contribution for carrying out DNA and PBZ tests
Subject matter
would be EUR 300 per test.
The Union shall contribute to the costs incurred by the Member
States for the application of the control plan referred to in the
(5) In
accordance
with
Article
84
of
the
Financial
Regulation Recommendation 2013/99/EU (hereinafter ‘Commission
and Article 94 of the Commission Delegated Regulation
Recommendation’), with a total maximum amount of EUR
(EU) No 1268/2012 of 29 October 2012 on the rules of
1 357 500 to be financed from budgetary line 17 04 07 01.
( 1 ) OJ L 165, 30.4.2004, p. 1.
( 3 ) OJ L 362, 31.12.2012, p. 1.
( 2 ) See page 28 of this Official Journal.
( 4 ) OJ L 209, 11.8.2005, p. 1.

---

L 48/24
EN
Official Journal of the European Union
21.2.2013
Article 2
conditions referred to in paragraph 1 are not met, having
regard to the nature and gravity of the non-compliance and
Eligible costs
to the potential financial loss for the Union.
1. The
Union
contribution
referred
to
in
the
Commission
Recommendation shall take the form of a partial reimbursement
Article 4
of 75 % of the costs of the tests performed by the competent
authorities to implement the control plan referred to in
Currency and conversion rate
Article 1 of Commission Recommendation.
1. The
expenditure
submitted
by
the
Member
States
for
a
financial contribution by the Union shall be expressed in euro
The Union contribution cannot exceed:
and shall exclude value added tax and all other taxes.
(a) EUR 300 per test;
2. Where the expenditure of a Member State is in a currency
other than the euro, the Member State concerned shall convert
(b) the amounts indicated in Annex I.
it into euro by applying the most recent exchange rate set by
the European Central Bank prior to the first day of the month
2. Only
the
costs
indicated
in
Annex
II
shall
be
eligible
to in which the application is submitted by the Member State.
the contribution.
Article 3
Article 5
Eligibility rules
This Decision constitutes a financing decision in the meaning of
Article 84 of the Financial Regulation.
1. The
Union
contribution
referred
to
in
Article
1
is
subject
to the following conditions:
Article 6
(a) the tests have been performed in accordance with the terms
This Decision shall be applicable from the date of publication of
of the Commission Recommendation during the period
the Commission Recommendation.
referred to in Section II of the Annex thereto;
Article 7
(b) the Member States have provided the Commission with the
report referred to in Section III of the Annex to
This Decision is addressed to the Member States.
Commission Recommendation and within the deadline set
out in that section;
Done at Brussels, 19 February 2013.
(c) by 31 May 2013, the Member States have provided the
Commission, in electronic form, with a financial report
according to the format laid out in Annex III.
For the Commission
2. The
Commission may
reduce
the
amount of
the
Tonio BORG
contribution referred to in Article 1 in cases where the
Member of the Commission

---

EN
21.2.2013 Official
Journal
of
the
European
Union L
48/25
ANNEX I
Maximum amount of the EU contribution referred to in Article 2(1)
(EUR)
Member State
Maximum EU contribution
Maximum EU contribution
DNA test
PBZ test
TOTAL EU contribution
Belgium 30
000 100
500 130
500
Bulgaria 30
000 46
500 76
500
Czech Republic 30
000 1
500 31
500
Denmark 15
000 1
500 16
500
Germany 45
000 15
000 60
000
Estonia 3
000 1
500 4
500
Ireland 15
000 10
500 25
500
Greece 30
000 15
000 45
000
Spain 45
000 34
500 79
500
France 45
000 78
000 123
000
Italy 45
000 183
000 228
000
Cyprus 3
000 1
500 4
500
Latvia 15
000 1
500 16
500
Lithuania 15
000 1
500 16
500
Luxembourg 3
000 1
500 4
500
Hungary 30
000 1
500 31
500
Malta 3
000 1
500 4
500
Netherlands 30
000 30
000 60
000
Austria 30
000 1
500 31
500
Poland 45
000 75
000 120
000
Portugal 30
000 1
500 31
500
Romania 30
000 51
000 81
000
Slovenia 3
000 1
500 4
500
Slovakia 15
000 1
500 16
500
Finland 15
000 1
500 16
500
Sweden 30
000 6
000 36
000
United Kingdom 45
000 16
500 61
500
TOTAL 675
000 682
500 1
357
500

---

L 48/26
EN
Official Journal of the European Union
21.2.2013
ANNEX II
Eligible expenditure as referred to in Article 2(2)
The expenditure eligible for a financial contribution by the Union for carrying out the tests mentioned in this Imple
menting Decision shall be limited to the costs incurred by the Member States for:
(a) the purchase of test kits, reagents and all consumables identifiable and especially used for carrying out the tests;
(b) personnel, whatever the status, specifically allocated entirely or in part for carrying out the tests in the premises of the
laboratory; the costs are limited to actual salaries plus social security charges and other statutory costs included in the
remuneration;
(c) costs for sending samples to the laboratory carrying out the analysis/tests; and
(d) overheads equal to 7 % of the sum of the costs referred to in (a), (b) and (c).

---

EN
21.2.2013 Official
Journal
of
the
European
Union L
48/27
ANNEX III
Financial report as referred to in Article 3(1)(c)
DNA
Specify staff category Hours Cost/hour Staff
cost
(1) (2) (3)
(4) = (2) × (3)
Subtotal staff (5)
Specify: kits/reagents/consumables Quantity/number Unit
cost Total
cost
(6) (7) (8)
(9) = (7) × (8)
Subtotal kits
(10)
reagents/consumables
Transport costs to laboratory (11)
TOTAL
(12) = (5) + (10) + (11)
TOTAL INCLUDING OVERHEADS =
(12)
×
1,07
PBZ
Specify staff category Hours Cost/hour Staff
cost
(1) (2) (3)
(4) = (2) × (3)
Subtotal staff (5)
Specify: reagents/consumables Quantity/number Unit
cost Total
cost
(6) (7) (8)
(9) = (7) × (8)
Subtotal
(10)
reagents/consumables
Transport costs to laboratory (11)
TOTAL
(12) = (5) + (10) + (11)
TOTAL INCLUDING OVERHEADS =
(12)
×
1,07

---

Document Outline

• �

---