EN - europarl.europa.eu201…en 1 en european commission brussels, 9.2.2010 sec(2010) 128 final...

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EUROPEAN COMMISSION

Brussels, 9.2.2010 SEC(2010) 128 final

COMMISSION DECISION

NON-AUTOMATIC CARRYOVER OF NON-DIFFERENTIATED APPROPRIATIONS FROM 2009 TO 2010

COMMISSION DECISION

NON-AUTOMATIC CARRYOVER OF DIFFERENTIATED APPROPRIATIONS FROM 2009 TO 2010

COMMISSION DECISION

COMMITMENT APPROPRIATIONS TO BE MADE AVAILABLE AGAIN IN 2010

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COMMISSION DECISION

NON-AUTOMATIC CARRYOVER OF NON-DIFFERENTIATED APPROPRIATIONS FROM 2009 TO 2010

THE EUROPEAN COMMISSION,

Having regard to the Council Regulation (EC, Euratom) n0 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities1, and in particular Article 9(2), point a), thereof;

Whereas:

The non-differentiated appropriations referred hereinafter should be carried over,

HAS ADOPTED THIS DECISION:

Sole Article 1. The following appropriations from Section III (Commission) of the 2009 budget are hereby carried over to 2010 for the reasons set out below.

€ 2 300 000 for non-differentiated appropriations

2. The Council and Parliament shall be informed of this decision.

Done at Brussels, 9.2.2010

For the Commission Algirdas Šemeta Member of the Commission

1 OJ L 248, 16.09.2002, p.1

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Extract from the Financial Regulation

Article 9

Paragraph 2 Commitment appropriations and non-differentiated appropriations not yet committed at the close of the financial year may be carried over in respect of:

(a) amounts corresponding to commitment appropriations for which most of the preparatory stages of the commitment procedure have been completed by 31 December. These amounts may then be committed up to 31 March of the following year;

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CARRYOVER OF NON-DIFFERENTIATED APPROPRIATIONS

No. 2009 Budget Item Heading

2010 Budget

Item

Ref. Fin. Reg.

Amount to be carried over

(in €)

1 10 01 05 03 Other management expenditure for research 10 01 05 03 article 9 § 2a 1 500 000.00

HEADING 1a - TOTAL 1 500 000.00

2 22 01 02 11 Other management expenditure of ‘Enlargement’ Directorate-General 22 01 02 11 article 9 § 2a 800 000.00

HEADING 5 - TOTAL 800 000.00

GRAND TOTAL 2 300 000.00

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CARRYOVER OF NON-DIFFERENTIATED APPROPRIATIONS

Grounds

1. 10 01 05 03 Other management expenditure for research

Appropriation authorised in 2009: 82 700 000.00 €

Commitments at 31.12.2009: 81 192 039.10 €

Amount not used at 31.12.2009: 1 507 960.90 €

Carryover: 1 500 000.00 €

An amount of € 1 405 000 for the works construction of new buildings (100-IES Institute for the Environment and Sustainability and 101-IHCP Institute for Health and Consumer Protection): (Partial financing of the buildings, see reference to "Procédure Immobilière" below). The credits were earmarked to cover the expenses that would have been incurred in 2009 and in the first quarter of 2010 under a direct works contract for the construction of the two new buildings (100-IES and 101-IHCP) foreseen in the Strategic Site Development Plan (SSDP) for the JRC Ispra. The contractor has been identified through an appropriate call for tenders (contract notice n° 2008/S135-180429 of 15/07/2008), which was concluded in early July 2009. Given the nature and the size of the contract, a Building Procedure (Procédure Immobilière) has been launched on 7/08/2009 [Ares (2009) 200343]. This procedure has not been yet concluded: in the beginning of November the Inter-services consultation within the Commission's services was finalised; on 24th November the Budgetary Committee of the Council gave a favourable opinion; on 2nd December the Budgetary Committee of the Parliament suspended its opinion and asked for a longer delay: 26th January. It is now expected that the contract can be signed within February 2010, upon favourable opinion from the Parliament.

An amount of € 95 000 for the supervision of works concerning the construction of new buildings. The credits were earmarked to cover the expenses that will be incurred in the first quarter of 2010 under the direct services contract for the works supervision of the two new buildings (100-IES and 101-IHCP) foreseen in the SSDP for the Joint Research Centre (JRC) Ispra. The contractor has been identified through an appropriate call for tenders (contract notice n° 2009/S98-140629 of 23/05/2009). However, the contract cannot be signed until the above-mentioned works contract is signed. For the reasons above, the works contract will not be signed before mid February 2010; consequently, the works supervision contract signature is scheduled in late February.

In both cases the Authorising officer has completed all the preparatory stages, but the contracts could not be signed due to the delay requested by the European Parliament.

2. 22 01 02 11 Other management expenditure of ‘Enlargement’ Directorate-General


Commitments at 31.12.2009: 1 354 785.20 €

Amount not used at 31.12.2009: 800 145.80 €

Carryover: 800 000.00 €

The request relates to € 800 000 under budget line 22.01 02 11 for a study on cultural heritage in Cyprus, as requested by the European Parliament.

UNDO has been identified as the only body able to carry out the study because of its political acceptability by both communities in Cyprus and the fact that the UN is best placed to ensure access to cultural heritage sites in the northern part of Cyprus located in Turkish army controlled military areas. Additionally, this study will be carried out with close involvement of the UN Facilitated Cultural Heritage Technical Committee set up within the resumed settlement process in Cyprus.

Non-differentiated appropriations must correspond to obligations duly contracted at the close of the financial year in order to be automatically carry over to the next year (Art 9 §4 FR ).

In the current case, the authorising officer could not proceed with the budget commitment in 2009 as the signature of the contract with the UNDP could not occur by the end of the year 2009 due to complex and lengthy negotiations with the UN in order to accommodate the general conditions.

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COMMISSION DECISION

NON-AUTOMATIC CARRYOVER OF DIFFERENTIATED APPROPRIATIONS FROM 2009 TO 2010


Having regard to the Council Regulation (EC, Euratom) n0 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities2, and in particular Article 9(2), point a) and Article 9(3), thereof;

Whereas:

The differentiated appropriations referred hereinafter should be carried over,


Sole Article 1. The following appropriations from Section III (Commission) of the 2009 budget are hereby carried over to 2010 for the reasons set out below.

€ 315 802 858.00 in commitment appropriations € 869 548 637.14 in payment appropriations




2 OJ L 248, 16.09.2002, p.1

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Article 9

Paragraph 2 Commitment appropriations and non-differentiated appropriations not yet committed at the close of the financial year may be carried over in respect of:

(a) amounts corresponding to commitment appropriations for which most of the preparatory stages of the commitment procedure have been completed by 31 December. These amounts may then be committed up to 31 March of the following year;

Paragraph 3 Appropriations for payment of differentiated appropriations may be carried over in respect of amounts needed to cover existing commitments or commitments linked to commitment appropriations carried over, when the appropriations provided for the relevant lines in the budget for the following financial year do not cover requirements. The institution concerned shall first use the appropriations authorised for the current financial year and shall not use the appropriations carried over until the former are exhausted.

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CARRYOVER OF COMMITMENT APPROPRIATIONS


2010 Budget

Item Ref. Fin. Reg.


(in €)

1 04 05 01 European Globalisation Adjustment Fund (EGF) 04 05 01 article 9 § 2a 39 961 347.00

2 10 05 01 Decommissioning of nuclear installations and waste management 10 05 01 article 9 § 2a 2 281 454.00

HEADING 1a - TOTAL 42 242 801.00

3 13 03 19 European Regional Development Fund (ERDF) - European territorial cooperation

13 03 19 article 9 § 2a 16 234 634.00

4 13 03 24 Preparatory action - Promoting a more favourable environment for micro-credit in Europe

13 03 24 article 9 § 2a 4 000 000.00

HEADING 1b - TOTAL 20 234 634.00

5 05 04 05 01 Rural development programmes 05 04 05 01 article 9 § 2a 252 029 757.00

6 11 03 01 International fisheries agreements 11 03 01 article 9 § 2a 900 000.00

HEADING 2 - TOTAL 252 929 757.00

7 15 05 11 Preparatory action in the field of sport 15 05 11 article 9 § 2a 256 666.00

HEADING 3b - TOTAL 256 666.00

8 20 02 01 External trade relations, including access to the markets of non-Community countries

20 02 01 article 9 § 2a 139 000.00

HEADING 4 - TOTAL 139 000.00

GRAND TOTAL 315 802 858.00

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CARRYOVER OF COMMITMENT APPROPRIATIONS

Grounds

1. 04 05 01 European Globalisation Adjustment Fund (EGF)


Commitments at 31.12.2009: 12 387 700.00 €


Carryover: 39 961 347.00 €

1. The credit operation SI2.8665621 Dec 32 concerns three cases EGF/2009/004 and 005 (Belgian cases) and 008 (Irish case) with a total amount of € 24 029 924.

The Financing Decision for the case EGF/2009/008 was signed by the Commissioner on behalf of the Commission on 22.12.2009 and sent to the Irish Permanent Representation. The Financing Decisions for EGF/2009/004 and 005 were signed by the Commissioner on 18.01.2010 and sent to the Belgian Permanent Representation. These three commitments and three immediate single payments are ready to be made now.

2. The credit operation SI2.868191 Dec 48 concerns three cases EGF/2009/007 (Swedish case), 009 (Austrian case) and 011 (Dutch case) with a total amount of € 15 931 423.

These three cases were approved by the EP and the Council on 17.12.2009 (OJ 347, dated 24.12.2009). The Financing Decisions are not yet signed by the Commissioner. A carryover of the concerned amounts, both in commitments and in payments, is therefore needed.

2. 10 05 01 Decommissioning of nuclear installations and waste management


Commitments at 31.12.2009: 30 236 894.54 €


Carryover: 2 281 454.00 €

In order to award a direct service contract for the provision of off-site technical services for the disposal of contaminated sodium stored on the Joint Research Centre (JRC) site in Ispra, the JRC launched an open call for tender ISD/2009/C01/009/OC on 09/07/2009 with the dispatch of a contract notice published in the Supplement to the Official Journal of the European Union 2009/S137 199612 on 21/07/2009. Considering the non compliance of the offers received with regard to the award criteria in the context of this open call for tender , the Authorising Officer decided on 08/10/2009 not to award the contract, and on 09/10/2009, to launch a negotiated procedure ISD/2009/C01/019/NC in accordance with articles 127.1.(a) and 127.2. of the Implementing Rules of the Financial Regulation. In particular, participation to both procedures ISD/2009/C01/009/OC (open call) and ISD/2009/C01/019/NC (negotiated procedure) implied the unconditional acceptance of the terms and conditions by the participating tenderers. During both procedures, the Contracting Authority did repeatedly insist on this unconditional acceptance, both in written and orally, and did obtain the written confirmation of such unconditional acceptance from the tenderers. As a consequence of the favourable opinion given by the JRC's Public Procurement Advisory Group (PPAG) on 04/12/2009 (Opinion file PPAG(2009)164), the Authorising Officer decided on 04/12/2009 to award the contract to UKAEA Ltd for a total amount of € 2 936 600.00, out of which € 2 281 454.00 were to be committed on the 2009 appropriations. On the grounds of this award decision, respective 'Alcatel' letters were sent to the tenderers on 04/12/2009, opening the 14 days delay to return the contract signed before 22/12/2009. However, on 22/12/2009, the winning tenderer returned the proposed contract signed but mentioned that the contract is 'subject to the express conditions precedent' or 'provisions' that 'shall anyway prevail against any conflicting ones in the contract'. At this stage, the European Commission could not sign the proposed contract on such new grounds raised from the winning tenderer. It results from the above that the Authorising Officer had completed all of the preparatory stages to commit the relevant appropriations by 31/12/2009. However, an unforeseeable event – i.e. the signature of the contract by the winning tenderer subject to conditions set by him and therefore not attributable to the Authorising Officer, prevented the eventual commitment by 31/12/2009. The credits carried over will be used to complete the procurement for the service contract in 2010.

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3. 13 03 19 European Regional Development Fund (ERDF) - European territorial cooperation

Appropriation authorised in 2009: 1 045 001 993.00 €

Commitments at 31.12.2009: 1 028 767 359.00 €


Carryover: 16 234 634.00 €

Two European Neighbourhood and Partnership Instrument-Cross Border Cooperation (ENPI-CBC) programmes (Spain-Morocco and CBC Atlantic) and two Instrument for Pre-accession Assistance-Cross Border Cooperation (IPA-CBC) programmes (Greece-Turkey and Cyprus- Turkey) have not been submitted to the Commission by the end of June 2009 and in accordance with Art. 21.5 of Reg. 1083/2006, the ERDF contributions for these programmes shall be made available to the Member States concerned, e.g. Spain, Cyprus and Greece.

The Member States decided that the related commitment appropriations shall be made available for the following Territorial Cooperation programmes:

1) External borders of Spain (2008CB163P0001), the amount of € 14.193.270

2) Greece-Cyprus (2007CB163P0058), the amount of € 2.041.364.

Modifications of the individual decisions for both programmes are foreseen for adoption in 2010 following the revision of the general decision for all European Territorial Cooperation programmes (CIS 10995 of 27/11/2009). This general decision (Décision de la Commission modifiant la décision C(2007)3959 relative au financement des programmes opérationnels présentés au titre de l’objectif coopération territoriale européenne) was adopted on 4 January 2010 (ref. C(2009)10496) and consequently the adoption of the remaining two individual decisions can follow.

For the programme 2008CB163P0001, the CIS (9643) was closed on 3/12/2009 with the agreement of all services. For the Greece- Cyprus programme (2007CB163P0058), the CIS (11349) was completed on 17/12/2009 (all services agreed).

The carry forward the commitment appropriations is needed to enable the implementation of the referenced programmes.

4. 13 03 24 Preparatory action - Promoting a more favourable environment for micro-credit in Europe


Commitments at 31.12.2009: 0.00 €


Carryover: 4 000 000.00 €

The financial decision relating to the preparatory action “Promoting a more favourable environment for micro-credit in Europe” was adopted by the Commission on 4 May 2009, and it was decided that this action would be financed by means of a grant to the European Investment Fund (EIF) (European Parliament Preparatory Action (EPPA) contribution agreement).

The negotiation with the EIF was a lengthy process that experienced several difficulties and required several rounds of discussions before an acceptable agreement was reached on the terms of the contract. The inter-service consultation (ref 11325) with DG BUDG and the Legal Service was launched on 3 December 2009; it provided positive advices (with comments) from both DGs on 16 December 2009.

Although assurance was given by the EIF to DG REGIO that the EPPA contribution agreement would be signed before the end of 2009 notwithstanding the short deadlines, this deadline could not be met because the Board of the EIF had to give its agreement to this action by written procedure only by the end of December 2009. Under these circumstances, no other alternative could be considered but to postpone the budgetary commitment and the signature of this EPPA contribution agreement to the first quarter 2010.

The carry forward the commitment appropriations is needed to enable the implementation of the referenced programmes.

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5. 05 04 05 01 Rural development programmes


Commitments at 31.12.2009: 13 721 634 827.00 €


Carryover: 252 029 757.00 €

With the approval of the European Economic Recovery Plan and the Health Check, the Member States must now change most of the rural development programmes. In 2009 the amended programmes approved by the Commission accounted for 49 of the 88 programmes scheduled, with the result that some of the year's commitment appropriations remained unused. The unused €252 029 757 relates to Recovery Plan appropriations for 33 of the 39 programmes not approved. In addition to the considerable scope of the work involved, either late presentation of the programmes by the Member States or difficulties in negotiations between the national authorities and the various Commission departments led to the appropriations not being used.

The 33 programmes concerned meet the conditions for carrying over the appropriations as the interdepartmental consultations were finalised in December without any negative opinion. As the Rural Development Committee already adopted 28 of the 33 programmes on 15 December 2009, only five programmes still have to be adopted at its January 2010 meeting.

To sum up, the preparations have been virtually completed in all these cases and it may therefore be estimated that the commitment can be made by 31 March 2010. Details of the 33 programmes are shown below.

Commitments to be carried over to 2010 CCI Programme 2009

2007BE06RPO002 Wallonie 1 110 000 2007BG06RPO001 Bulgaria 19 500 000 2007DE06RPO011 Deutschland Mecklenburg-Vorpommern 3 899 336 2007DE06RPO012 Deutschland Niedersächsen und bremen 7 412 565 2007DE06RPO020 Deutschland Sachsen-Anhalt 2 917 203 2007ES06RPO002 España ARAGON 4 161 039 2007ES06RPO003 España ASTURIAS 1 998 261 2007ES06RPO004 España LAS ILLES BALEARS 340 919 2007ES06RPO007 España CASTILLA-LA MANCHA 18 525 927 2007ES06RPO008 España CASTILLA Y LEON 7 693 454 2007ES06RPO011 España GALICIA 5 993 576 2007ES06RPO015 España País Vasco 646 195 2007ES06RPO016 España LA RIOJA 649 178 2007ES06RPO017 España COMUNIDAD VALENCIANA 1 735 566 2007FI06RPO002 Finland Åland 126 846 2007GR06RPO001 Greece 28 720 000 2007IT06RPO006 Italia Regione Liguria. 785 000 2007IT06RPO008 Italia Marche 1 799 000 2007IT06RPO009 Italia Piemonte 3 770 000 2007IT06RPO014 Italia Veneto 5 956 000 2007IT06RPO015 Italia Molise 801 000 2007IT06RPO017 Italia Basilicata 2 924 000 2007IT06RPO018 Italia Calabria 5 083 000 2007IT06RPO019 Italia Regione Campania 7 110 000 2007IT06RPO020 Italia Puglia 10 368 000 2007SE06RPO001 Sweden 13 820 000 2007SK06RPO001 Slovakia 14 700 000

Programmes adopted by the RDC

on 15 December 2009

2007UK06RPO001 UK England 4 071 400

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Commitments to be carried over to 2010 CCI Programme 2009

2007CZ06RPO001 Czech Republic 21 000 000 2007FR06RPO002 France Corse 165 200 2007ES06RPO010 España Extremadura 8 127 092 2007IE06RPO001 Ireland 17 680 000

To be adopted in January 2010

2007HU06RPO001 Hungary 28 440 000

To be committed in 2010 252 029 757

6. 11 03 01 International fisheries agreements


Commitments at 31.12.2009: 148 081 304.05 €


Carryover: 900 000.00 €

The €900 000 constituting the 2010 tranche of financial compensation under the EC/Mozambique fisheries agreement could not be committed in 2009 as the bank account was blocked. Under Article 2(5) of the Protocol (OJ L 331, 17.12.2007, p.39) payment is due on 15/01/2010. The additional information needed to unblock the case (bank statement) was requested from the Mozambique authorities but was not received by 31/12/2009. However, it is considered that the Commission will have this information in time for the commitment to be made by 31 March 2010 at the latest.

7. 15 05 11 Preparatory action in the field of sport


Commitments at 31.12.2009: 5 738 020.95 €


Carryover: 256 666.00 €

In line with the 2009 annual work programme on grants and contracts for the preparatory action in the field of sports, C(2009)1685 of 16.03.2009, (budget line 15.05.11) and in particular, its action 3 : Support to networks and good practices, a call for proposals was published on 15.05.2009 (EAC/21/2009) in order to test the establishment and functioning of suitable networks and good practices in this field. The closing date for the submission of proposals was 31/08/2009. As a result, 18 projects were selected by the evaluation committee for Community co-funding (out of 207 projects). The award decision was taken on 28/10/2009. The financial procedures for committing and contracting were finalised for 17 projects before 31/12/2009. One of the beneficiaries (World Health Organisation) was unable to sign the contract before the end of December 2009, due to the necessity of internal verification, and asked to postpone its signature by January 2010. It is therefore needed to carry over the amount of € 256 666 to 2010, so as to sign and finalise this contract.

8. 20 02 01 External trade relations, including access to the markets of non-Community countries


Commitments at 31.12.2009: 7 658 981.44 €


Carryover: 139 000.00 €

The contract notice related to the study on the accounting practices in the People's Republic of China was published on the 17th October 2009 (2009/S 201-288515). The award decision stemming from this open procedure was only signed end of December 2009. Given that a 14 days stand-still period needs to be observed,

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it was not feasible to sign the contract by 31 December 2009. As the selection of the contractor has been completed, it is therefore decided to carry forward the commitment appropriations required for the implementation of this study

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CARRYOVER OF PAYMENT APPROPRIATIONS


2010 Budget

Item


(in €) 1 04 05 01 European Globalisation Adjustment Fund (EGF) 04 05 01 39 961 347.00

2 06 04 14 01 Energy projects to aid economic recovery - Energy networks

06 04 14 01 75 000 000.00

HEADING 1a - TOTAL 114 961 347.00

3 04 02 01 Completion of European Social Fund (ESF) - Objective 1 (2000 to 2006)

04 02 01 510 358 805.78


04 02 04 5 794 721.48


04 02 06 175 069 637.88

6 04 02 08 Completion of EQUAL (2000 to 2006) 04 02 08 538 627.00

HEADING 1b - TOTAL 691 761 792.14

7 07 03 03 Completion of LIFE III (Financial Instrument for the Environment - 2000 to 2006) - Projects on Community territory - Part I (nature protection)

07 03 03 1 700 000.00

8 07 03 04 Completion of LIFE III (Financial Instrument for the Environment - 2000 to 2006) - Projects on Community territory - Part II (environmental protection)

07 03 04 1 010 000.00

9 07 03 06 Completion of awareness-raising and other general actions based on the Community action programmes in the field of the environment

07 03 06 300 000.00

10 07 03 10 Natura 2000 preparatory action 07 03 10 310 000.00

11 07 03 13 Preparatory action - An integrated coastal communication and risk management system

07 03 13 80 000.00

12 11 02 01 01 Intervention in fishery products - New measures 11 02 01 01 2 000 000.00

13 11 02 03 01 Fisheries programme for the outermost regions - New measures

11 02 03 01 5 500 000.00

14 11 03 01 International fisheries agreements 11 03 01 3 850 000.00

HEADING 2 - TOTAL 14 750 000.00

15 07 04 02 Pilot project - Cross-border cooperation in the fight against natural disasters

07 04 02 1 500 000.00

16 07 04 03 Completion of previous programmes and actions in the field of civil protection and marine pollution

07 04 03 110 000.00

HEADING 3b - TOTAL 1 610 000.00

17 07 02 01 Contribution to multilateral and international environmental activities

07 02 01 150 000.00

18 07 02 02 Completion of LIFE (European Financial Instrument for the Environment - 2000 to 2006) - Operations outside Community territory

07 02 02 800 000.00

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2010 Budget

Item


(in €) 19 19 11 02 Information programmes for non-member

countries 19 11 02 5 515 498.00

20 23 02 01 Humanitarian aid 23 02 01 16 000 000.00

21 23 02 02 Food aid 23 02 02 24 000 000.00

HEADING 4 - TOTAL 46 465 498.00

GRAND TOTAL 869 548 637.14

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CARRYOVER OF PAYMENT APPROPRIATIONS

Grounds

1. 04 05 01 European Globalisation Adjustment Fund (EGF)

Appropriation authorised in 2009: 52 349 047.00

Payments at 31.12.2009: 12 387 700.00 €


Carryover: 39 961 347.00 €

1. The credit operation SI2.8665621 Dec 32 concerns three cases EGF/2009/004 and 005 (Belgian cases) and 008 (Irish case) with a total amount of € 24 029 924.

The Financing Decision for the case EGF/2009/008 was signed by the Commissioner on behalf of the Commission on 22.12.2009 and sent to the Irish Permanent Representation. The Financing Decisions for EGF/2009/004 and 005 were signed by the Commissioner on 18.01.2010 and sent to the Belgian Permanent Representation. These three commitments and three immediate single payments are ready to be made now.

2. The credit operation SI2.868191 Dec 48 concerns three cases EGF/2009/007 (Swedish case), 009 (Austrian case) and 011 (Dutch case) with a total amount of € 15 931 423.

These three cases were approved by the EP and the Council on 17.12.2009 (OJ 347, dated 24.12.2009). The Financing Decisions are not yet signed by the Commissioner. A carryover of the concerned amounts, both in commitments and in payments, is therefore needed.

2. 06 04 14 01 Energy projects to aid economic recovery - Energy networks


Payments at 31.12.2009: 0.00 €


Carryover: 75 000 000.00 €

For interconnections, the selection procedure took slightly longer than expected due to the high number of proposals and the complexity of the projects. The Evaluation Committee for interconnections (held in October 2009) could not properly evaluate some of the proposals. Project promoters were asked to submit additional information that would allow the Commission to complete the evaluation process. The evaluation for interconnections was finally completed in November 2009 followed by a global commitment of the appropriations on 26 November 2009. The TEN Financial Assistance Committee delivered its formal opinion on 18 December 2009 and the EP scrutiny is ongoing.

Under these circumstances, it was not possible to proceed to the pre-financing of interconnections projects before the end of 2009. As the 2010 payment appropriations will be used for the pre-financing of the 2010 commitments, the carry forward of the 2009 payment appropriations is necessary to allow the pre-financing of the 2009 projects.

3. 04 02 01 Completion of European Social Fund (ESF) - Objective 1 (2000 to 2006)


Payments at 31.12.2009: 651 398 487.81 €


Carryover: 510 358 805.78 €

Payments of €552 643 235.65 for the following Operational Programmes have been interrupted as a result of control activities. Together with the maximum amounts needed to reach the 95% limit for all these programmes, a carryover of €510 358 805.78 is requested. In view of the progress made in these cases, payments can be expected in 2010.

The volume of appropriations allocated for 2010 will allow only the first final payments to be made (the part of the programmes higher than 95%).

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OP Amount suspended 95% limit Carryover

2000ES051PO015 171 435 907.03 171 435 907.03 171 435 907.03 2000FR161DO001 11 225 798.94 25 942 330.00 11 225 798.94 1999FR161DO002 7 100 986.00 7 100 987.00 7 100 986.00 1999IT161PO011 224 297 214.98 229 965 247.00 224 297 214.98 1999IT161PO009 128 829 209.87 86 544 780.00 86 544 780.00 1999IT161PO004 3 230 334.00 3 578 472.00 3 230 334.00 1999NL161DO001 6 523 784.83 7 318 426.00 6 523 784.83 510 358 805.78



Payments at 31.12.2009: 113 326 036.26 €


Carryover: 5 794 721.48 €

Payments of €5 794 721.48 for the following OPs have been interrupted as a result of control activities. Together with the maximum amounts needed to reach the 95% limit for all these programmes, a carryover of €5 794 721.48 is requested. In view of the progress made in these cases, payments can be expected in 2010.



2000FR162DO010 108 106.63 108 106.63 108 106.63 2000FR162DO011 1 339 529.00 2 402 553.22 1 339 529.00 2000FR162DO021 4 347 085.85 4 347 085.85 4 347 085.85 5 794 721.48



Payments at 31.12.2009: 654 632 409.91 €


Carryover: 175 069 637.88 €

Payments of €178 471 897.82 for the following OPs have been interrupted as a result of control activities. Together with the maximum amounts needed to reach the 95% limit for all these programmes, a carryover of €175 069 637.88 is requested. In view of the progress made in these cases, payments can be expected in 2010.



2000ES053PO302 854 181.82 854 181.82 854 181.82 2000FR053DO001 62 542 909.56 62 542 909.32 62 542 909.32 1999GB053PO002 78 134 361.67 109 793 853.97 78 134 361.67 1999IT053PO003 21 273 012.00 41 608 703.00 21 273 012.00 1999IT053PO007 11 924 936.00 8 522 676.30 8 522 676.30 1999LU053DO001 3 742 496.77 6 657 902.00 3 742 496.77

175 069 637.88

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6. 04 02 08 Completion of EQUAL (2000 to 2006)


Payments at 31.12.2009: 121 250 779.40 €


Carryover: 538 627.00 €

Payment of €1 176 778.33 for OP 2000LU050PC001 has been interrupted as a result of control activities. The maximum amount needed to reach the 95% limit is €538 627, the amount for which a carryover is requested. In view of the progress made in these cases, payments can be expected in 2010.


7. 07 03 03 Completion of LIFE III (Financial Instrument for the Environment - 2000 to 2006) - Projects on Community territory - Part I (nature protection)


Payments at 31.12.2009: 22 938 708.61 €


Carryover: 1 700 000.00 €

The RAL on the budget line at 01/01/2010 is € 77 244 038.04 on 181 projects. 2009 C5 and C4 payment appropriations have been fully used.

Based on cost claims currently being processed and an analysis of projects for which final reports have to be presented in the first semester of 2010, 70 projects out of the 179 open ones should be closed in 2010.

These 70 projects represent a potential amount of payment of € 23 058 128 (RAL) which would lead to a foreseeable need in payment appropriations in 2010 of around € 17 000 000. The amount of payment appropriations available under the 2010 Budget is € 15 000 000, which will not be sufficient to meet expected payment needs in 2010. A carry-forward of all remaining payment appropriations from 2009, i.e. € 1 700 000, is therefore needed.

8. 07 03 04 Completion of LIFE III (Financial Instrument for the Environment - 2000 to 2006) - Projects on Community territory - Part II (environmental protection)


Payments at 31.12.2009: 14 831 427.47 €


Carryover: 1 010 000.00 €

The RAL on the budget line at 01/01/2010 is € 40 845 984.26 on 116 projects. 2009 C5 and C4 payment appropriations have been fully used.

Based on cost claims currently being processed and an analysis of projects for which final reports have to be presented in the first semester of 2010, 65 projects out of the 116 open ones should be closed in 2010.

These 65 projects represent a potential amount of payment of € 23 309 731 (RAL), which would lead to a foreseeable need in payment appropriations in 2010 of around € 18 000 000. The amount of payment appropriations available under the 2010 Budget is € 15 000 000, which will not be sufficient to meet expected payment needs in 2010. A carry-forward of all remaining payment appropriations from 2009, i.e. € 1 010 000 from 2009 payment appropriations is therefore needed.

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9. 07 03 06 Completion of awareness-raising and other general actions based on the Community action programmes in the field of the environment


Payments at 31.12.2009: 1 351 334.15 €


Carryover: 300 000.00 €

There are at 01/01/2010 9 open commitments for a total amount of RAL of € 670 000 – all contracts and grants have a final execution date of maximum mid-2010 and should be closed by the end of the year 2010. The amount of payment appropriations of € 300 000 under the 2010 budget does not cover all potential payments on open files – a carry-over of € 300 000 from 2009 appropriations is needed.

10. 07 03 10 Natura 2000 preparatory action


Payments at 31.12.2009: 820 762.90 €


Carryover: 310 000.00 €

The RAL at 01/01/2010 is € 709 248. As all 6 contracts will be finalised in 2010 the appropriations available under the 2010 budget (€ 400 000) will not be sufficient. An amount of € 310 000 had to be carried over from 2009.

11. 07 03 13 Preparatory action - An integrated coastal communication and risk management system

Appropriation authorised in 2009: 500 000.00 €

Payments at 31.12.2009: 298 542.00 €


Carryover: 80 000.00 €

This preparatory action was voted by the BA for one year (2008). It was implemented via a call for tender and a contract was signed at the end of 2008 for an amount of € 995 140. The payment terms of the contract are 30/30/40. At the time of establishment of the 2010 PDB it was estimated that the interim payment would be made by the end of 2009, using in part payment appropriations carried forward from 2008. The invoice for the interim payment was not received in time to proceed with the payment in 2009 – it is expected for early 2010. The payment appropriations available on the 2010 budget are € 220 000, whereas the interim payment will be of € 298 542. A carry forward of € 80 000 is therefore required.

12. 11 02 01 01 Intervention in fishery products - New measures


Payments at 31.12.2009: 11 099 310.20 €


Carryover: 2 000 000.00 €

Member States presented their declarations of expenditure regarding the Common Organisation of the Markets from 16 October to 10 November 2009. Declarations are only reimbursed when they have been appropriately substantiated by Member States. Additional clarifications have been requested to several Member States regarding their declarations of expenditure. This has led to delay in the reimbursement of some declarations of expenditure which will have to be reimbursed in 2010 after appropriately substantiated by the Member States. Therefore, € 2 000 000 are requested to be carried over to 2010 in order to be able to cover the pending payments from 2009 and the forecasted payments amounting to € 13 500 000 for 2010, i.e. € 15 500 000 in total.

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13. 11 02 03 01 Fisheries programme for the outermost regions - New measures


Payments at 31.12.2009: 13 055 164.83 €


Carryover: 5 500 000.00 €

Member States presented their declarations of expenditure regarding the outermost regions from 16 October to 10 November 2009. Declarations are only reimbursed when they have been appropriately substantiated by Member States. Additional clarifications have been requested to several Member States regarding their declarations of expenditure. This has led to a delay in the reimbursement of some declarations of expenditure which will have to be reimbursed in 2010 after appropriately substantiated by the Member States. Therefore, € 5 500 000 is required to be carried over to 2010 in order to be able to cover the pending payments from 2009 and the forecasted payments amounting to € 17 500 000 for 2010, i.e. € 23 000 000 in total.

14. 11 03 01 International fisheries agreements


Payments at 31.12.2009: 143 247 159.05 €


Carryover: 3 850 000.00 €

The following fisheries agreements are covered by this request for a carryover of appropriations:

Guinea-Bissau: The €2 950 000 constituting the 2008 tranche of the sectoral support provided for in Articles 2(6) and 8 of the Protocol (OJ L 342, 27/12/2007, p.10) could not be paid owing to delays in the implementation of the activities planned. We are waiting for further information from the Guinea-Bissau authorities. Mozambique: The €900 000 constituting the 2010 tranche of financial compensation under the EC/Mozambique fisheries agreement could not be committed in 2009 as the bank account was blocked. Under Article 2(5) of the Protocol (OJ L 331, 17.12.2007, p.39) payment is due on 15/01/2010. The additional information needed to unblock the case (bank statement) was requested from the Mozambique authorities but was not received by 31/12/2009.

The payment appropriations entered in the 2010 budget are not sufficient to cover the payments which could not be made in 2009.

15. 07 04 02 Pilot project - Cross-border cooperation in the fight against natural disasters


Payments at 31.12.2009: 79 347.01 €


Carryover: 1 500 000.00 €

The Pilot project 'Cross-border cooperation in the fight against natural disasters' was voted for one year (2006) by the Budgetary Authority. Following a call for proposals, 6 projects were funded for a total amount of € 5.9M.

The amount of payment appropriations requested under the 2009 and 2010 budgets were based on the duration of projects and expected dates of delivery of reports and financial statements. Budgeting final payments for grants can be difficult as the timing and actual amounts paid depend on the timely presentation of final reports and cost claims by grant beneficiaries and require a thorough analysis by Commission services. This analysis often requires contacts with the grant beneficiary in order to obtain additional documentation and explanation in order to determine precisely the eligibility of costs declared and resulting final payment to be made.

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At 01/01/2010, 4 projects were still open. The amount of payment appropriations available under the 2010 Budget of € 500 000 will not be sufficient to cover the final payments. A carry-over of € 1 500 000 from 2009 is therefore needed.

16. 07 04 03 Completion of previous programmes and actions in the field of civil protection and marine pollution


Payments at 31.12.2009: 991 948.84 €


Carryover: 110 000.00 €

This line covers the completion of previous programmes (2000-2006) in the area of civil protection and marine pollution.

At the beginning of 2009, 9 projects remained open, 7 of which were closed by the end of 2009. Two projects remain to be closed for a total RAL of € 111 305 and the balance of RAL should be decommitted.

The amount of payment appropriations under the 2010 Budget is 'p.m.' and will not be sufficient to cover the outstanding final payments. A carry-forward of € 110 000 from 2009 payment appropriations is therefore needed.

17. 07 02 01 Contribution to multilateral and international environmental activities


Payments at 31.12.2009: 3 087 506.15 €


Carryover: 150 000.00 €

Payment appropriations under this budget line are used to cover :

- commitments and payments of subscriptions to multilateral environmental agreements to which the Community is a party (payment is made 100 % following commitment in same year as commitment)

- payments on the completion of actions financed under this budget line under the previous financial framework 2000-2006.

Under the 2010 budget an amount of € 3 000 000 is available in Commitments and € 3 255 000 in payment appropriations – € 3 000 000 to cover 2010 subscriptions and € 255 000 for payments on RAL.

The amount of RAL for previous actions 2000-2006 is € 642 000 at 01/01/2010 on 8 commitments – it is expected that all 8 files will be closed in 2010. Based on information available to date on payment needs for these files, and other available appropriation sources (C5), an amount of € 150 000 in PA had to be carried over from 2009.

18. 07 02 02 Completion of LIFE (European Financial Instrument for the Environment - 2000 to 2006) - Operations outside Community territory


Payments at 31.12.2009: 2 863 328.20 €


Carryover: 800 000.00 €

The budget line covers payments related to projects financed under the LIFE III Programme (2000-2006), under the "third countries”. The actual disbursements depend on the payment schedule of the projects as well as the amount of costs accepted as eligible by the Commission. The amounts entered into the 2010 PDB/2010 Budget were based on estimates of payment requests expected to be received during the year. Budgeting final payments for grants can be difficult as the timing and actual amounts paid depend on timely presentation of final reports and cost claims by grant beneficiaries, and require a thorough analysis by Commission services. This analysis

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often requires contacts with the grant beneficiary in order to obtain additional documentation and explanation in order to determine precisely the eligibility of costs declared and resulting final payment to be made.

The RAL on the budget line at 01/01/2010 is € 2.4 million on 27 projects. 2009 C5 and C4 payment appropriations have been fully used. The amount of payment appropriations available under the 2010 Budget is € 1 000 000.

A carry-forward of € 800 000 from 2009 payment appropriations is required in order to meet the contractual requirements of grant agreements signed with beneficiaries, in line with the target payment delays set by the Commission. This amount has been calculated based on the assumption that 19 projects out of the total amount of 27 open projects will be closed in 2010, for an amount of € 1 866 868 (RAL of these projects).

19. 19 11 02 Information programmes for non-member countries


Payments at 31.12.2009: 9 001 066.83 €


Carryover: 5 515 498.00 €

The volume of 2009 commitments for line 19 11 02 (Information programmes for non-member countries) is exceptionally high because of the Commission's participation in the Shanghai exposition in 2010 (€11.5 million). Only €2 million was paid for this exposition in 2009 and the balance of €9.5 million will have to be paid in 2010. In addition, only 10% of the allocation for TV programmes in Farsi broadcast by Euronews has been paid. The balance of €4.5 million will have to be paid in 2010.

The amount entered by the budgetary authority in line 19 11 02 for 2010 (€14 million) is far too low to cover outstanding commitments from 2009 (€17 million) and part of the commitments for 2010 (€5 million). All the unused payment appropriations will therefore have to be carried over.

20. 23 02 01 Humanitarian aid


Payments at 31.12.2009: 515 995 022.94 €


Carryover: 16 000 000.00 €

The reason for asking the carry over is that DG ECHO launched on the 1st October 2009 a funding decision for humanitarian needs in the Horn of Africa. The total amount of the funding decision was € 50M (€ 20M on humanitarian aid budget line and € 30M on the food aid budget line). DG ECHO also requested a reinforcement from the Emergency Aid Reserve (EAR) for this crisis and funds from the EAR were received on 19 October 2009. It was envisaged that the corresponding funding decision, which needed to go through a comitology procedure with Member States and a right of scrutiny by the European Parliament, was to be adopted by 1 December 2009 in order to proceed with the contracts and payments before year end. Due to the procedural constraints the funding decision was only adopted on 16 December 2009. At that date it was too late to finalize, before year-end, all different steps leading to the transfer of the payments (selection of proposals, drafting of the agreements, signature of the agreements by both parties and processing the payment). Consequently the signature of the contracts and the payment of the pre-financing of 80% will take place in January 2010. The carryover in payment appropriations is € 16M (20M x 80%) on the food aid budget line 23 02 01.

21. 23 02 02 Food aid


Payments at 31.12.2009: 224 384 523.53 €


Carryover: 24 000 000.00 €

The reason for asking the carry over is that DG ECHO launched on the 1st October 2009 a funding decision for humanitarian needs in the Horn of Africa accruing at that time. The total amount of the funding decision was € 50M (€ 20M on humanitarian aid budget line and € 30M on the food aid budget line). DG ECHO also

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requested a reinforcement from the Emergency Aid Reserve (EAR) for this crisis and funds from the EAR were received on 19 October 2009. It was envisaged that the corresponding funding decision, which needed to go through a comitology procedure with Member States and a right of scrutiny by the European Parliament, was to be adopted by 1 December 2009 in order to proceed with the contracts and payments before year end. Due to the procedural constraints the funding decision was only adopted on 16 December 2009. At that date it was too late to finalize, before year-end, all different steps leading to the transfer of the payments (selection of proposals, drafting of the agreements, signature of the agreements by both parties and processing the payment). Consequently the signature of the contracts and the payment of the pre-financing of 80% will take place in January 2010. The requested carry over in payment appropriations is € 24M (30M x 80%) on the food aid budget line 23 02 02.

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COMMISSION DECISION

COMMITMENT APPROPRIATIONS TO BE MADE AVAILABLE AGAIN IN 2010


Having regard to the Council Regulation (EC, Euratom) n0 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities3, and in particular Article 157, thereof;

Whereas:

The appropriations referred hereinafter should be made available again in 2010,


Sole Article 1. € 808 368.62 from Section III (Commission) of the 2008 budget shall be made

available again in 2009 for the reasons set out below.




3 OJ L 248, 16.09.2002, p.1

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Article 157

The Commission shall automatically decommit appropriations that have been committed as provided for in the regulations referred to in Article 155.

The decommitted appropriations may be made available again in the event of a manifest error attributable solely to the Commission.

To this end, the Commission shall examine decommitments made during the previous financial year and decide, by 15 February of the current year, on the basis of requirements, whether it is necessary to make the corresponding appropriations available again.

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COMMITMENT APPROPRIATIONS TO BE MADE AVAILABLE AGAIN


2010 Budget

Item


(in €)

1 04 02 03 Completion of European Social Fund (ESF) - Objective 1 (prior to 2000) 04 02 03 49 637.64

2 13 03 01 Completion of European Regional Development Fund (ERDF) - Objective 1 (2000 to 2006) 13 03 01 758 730.98

HEADING 1a - TOTAL 808 368.62

GRAND TOTAL 808 368.62

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COMMITMENT APPROPRIATIONS TO BE MADE AVAILABLE AGAIN

Grounds

1. 04 02 03 Completion of European Social Fund (ESF) - Objective 1 (prior to 2000)

Decommitments in 2009: 282 466.45 €

Amount to be made available again: 49 637.64 €

The amount requested relates to the recommitment of two Operational Programmes in Portugal.

€32 487.57 is the result of a conversion rate error when the payment for OP 871154P 1 was calculated (€21 833.15 was made available again last year while the actual amount is €54 320.72).

The other amount is for PD 880769P 1 which, after closure, leads to an additional payment of €17 150.07, which must therefore be recommitted.

2. 13 03 01 Completion of European Regional Development Fund (ERDF) - Objective 1 (2000 to 2006)

Decommitments in 2009: 758 730.98 €

Amount to be made available again: 758 730.98 €

Due to a manifest error made by the Commission services, a decommitment of € 758 730.98 for the programme 2000FR161D0004 took place in 2008. Unfortunately this mistake was spotted only mid-February 2009, too late to request the reconstitution of credits in 2009. In agreement with the solution proposed by your services (DG BUDG A2 unit) and further to my note of 14 December 2009 (ref. 011649), DG REGIO requests a reconstitution of the decommitted appropriations.

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