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            COMMISSION DECISION         

of 13 September 2005         

concerning a financial contribution by the Community in the context of the emergency measures taken to combat bluetongue in Spain in 2004 and 2005

(notified under document number C(2005) 3440)

(Only the Spanish text is authentic)

(2005/650/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Directive 2000/75/EC of 20 November 2000 laying down specific provisions for the control and eradication of bluetongue (1), and in particular Article 9(2) thereof,

Having regard to Council Decision 90/424/EEC of 26 June 1990 on expenditure in the veterinary field (2), and in particular Article 3(3), (4) and (5), second indent, and Article 5(3) thereof,

Whereas:

HAS ADOPTED THIS DECISION:

Article 1

Approval of the vaccination campaign

The bluetongue vaccination campaign implemented by Spain in the zones listed in Annex I to Decision 2005/393/EC is approved.

Article 2

Granting of a financial contribution from the Community to Spain

In the context of the emergency measures taken to combat bluetongue in 2004 and 2005, Spain is entitled to a financial contribution from the Community:

Article 3

Definitions

The following definitions apply to this Decision:

Article 4

Payment arrangements

1.   Subject to the results of the inspections referred to in Article 7, an initial instalment of EUR 2 500 000 shall be paid, as part of the Community financial contribution mentioned in Article 2, on the basis of supporting documents submitted by Spain relating to the swift and adequate compensation of owners for the compulsory slaughter of animals, the destruction of animals, disinsectisation of the holding and, where applicable, vaccination of animals.

2.   The balance of the Community financial contribution mentioned in Article 2 shall be fixed in a subsequent decision to be adopted in accordance with the procedure established in Article 41 of Decision 90/424/EEC.

Article 5

The eligible expenditure covered by the financial contribution from the Community

1.   The financial contribution from the Community as referred to in Article 2 shall only be made in respect of justified and reasonable payments for the eligible costs as set out in Annex I.

2.   Non-compliance by the Spanish authorities with the payment deadline referred to in Article 3(a) shall lead to a reduction in the eligible amounts, in accordance with the rules below:

However, the Commission may apply a different scale and/or lower reduction rates (or a zero reduction rate) if specific management conditions can be demonstrated for certain measures or if Spain provides a well grounded justification for the delay.

3.   The financial contribution from the Community as referred to in Article 2 shall exclude:

Article 6

Payment conditions and supporting documents

1.   The financial contribution from the Community as referred to in Article 2 shall be paid on the basis of:

The documents referred to in (b) shall be made available for on-the-spot audits by the Commission.

2.   The application referred to in paragraph (1) (a) must be submitted in computerised form, in accordance with Annexes II, IIIa and IIIb, within sixty calendar days of the date of notification of this Decision. If this time-limit is not observed, the financial contribution from the Community shall be reduced by 25 % for every month of delay.

Article 7

Commission in situ inspections

The Commission, in collaboration with the competent Spanish authorities, may conduct in situ inspections relating to the implementation of the measures referred to in Article 2 and the associated costs.

Article 8

Recipients

This Decision is addressed to the Kingdom of Spain.

Done at Brussels, 13 September 2005.

For the Commission

Markos KYPRIANOU            

Member of the Commission

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(1)OJ L 327, 22.12.2000, p. 74.

(2)OJ L 224, 18.8.1990, p. 19. Decision as last amended by Directive 2003/99/EC of the European Parliament and of the Council (OJ L 325, 12.12.2003, p. 31).

(3)OJ L 130, 24.5.2005, p. 22. Decision as amended by Decision 2005/603/EC (OJ L 206, 9.8.2005, p. 11).

(4)OJ L 160, 26.6.1999, p. 103.

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ANNEX I

Eligible expenditure, as referred to in Article 5(1)

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ANNEX II

Application for a contribution towards compensation for the cost of animals compulsorily slaughtered

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ANNEX IIIa

Application for a contribution towards compensation for other eligible costs associated with the compulsory slaughter

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ANNEX IIIb

Application for a contribution towards compensation for other eligible costs associated with the bluetongue vaccination campaign

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