Commission Implementing Decision

of 28 March 2012

on a Union financial contribution to a programme for the control of organisms harmful to plants and plant products in the French overseas departments for 2012

(notified under document C(2012) 1954)

(Only the French text is authentic)

(2012/182/EU)

THE EUROPEAN COMMISSION,

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

Having regard to Council Regulation (EC) No 247/2006 of 30 January 2006 laying down specific measures for agriculture in the outermost regions of the Union1, and in particular the first sentence of the first subparagraph of Article 17(3),

Whereas:

(1)

On 8 November 2011, the French authorities have submitted to the Commission a programme for 2012 providing for plant health measures in the French overseas departments. That programme specifies the objectives to be achieved, the expected deliverables, the measures to be carried out, their duration and their cost with a view to a possible Union financial contribution.

(2)
The measures provided for in that programme fulfil the requirements of Commission Decision 2007/609/EC of 10 September 2007 on the definition of the measures eligible for Community financing in the programmes for the control of organisms harmful to plants and plant products in the French overseas departments, in the Azores and in Madeira2.
(3)

The measures laid down in the programme have been assessed by the Commission and discussed in the Standing Committee on Plant Health of 24-25 November 2011. As a result thereof, the Commission considers that that programme and its objectives meet the requirements of Article 17(1) of Regulation (EC) No 247/2006.

(4)

In accordance with Article 17(3) of Regulation (EC) No 247/2006, an appropriate maximum to the Union financial contribution should be set, and payment should be made on the basis of documentation provided by France.

(5)
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 policy3, Union financial contributions to plant-health measures are to be financed from the European Agricultural Guarantee Fund. For the purposes of financial control of those measures Articles 9, 36 and 37 of that Regulation apply.
(6)
In accordance with Article 75 of Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities4 and Article 90(1) of 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 Communities5, the commitment of expenditure from the Union budget shall be preceded by a financing decision adopted by the institution or the authorities to which powers have been delegated, setting out the essential elements of the action involving the expenditure.
(7)

The programme submitted by the French authorities on 8 November 2011 and the measures provided for concern the calendar year 2012. Article 112 of Regulation (EC, Euratom) No 1605/2002 provides that a grant may be awarded for an action which has already begun only where the applicant can demonstrate the need to start the action before the grant is awarded. France has demonstrated the necessity to start this programme as from the beginning of 2012 allowing proper financing and start of execution of these measures before the Union financial contribution laid down in the current Decision is awarded.

(8)

This Decision constitutes a financing decision within the meaning of Article 75 of the Financial Regulation for the maximum amounts authorised of expenditure provided in the co-financing request, as laid down in the programme submitted by France.

(9)

The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Plant Health,

HAS ADOPTED THIS DECISION: