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            COMMISSION DECISION         

of 13 December 2006         

on a Community financial contribution for 2006 and 2007 to cover expenditure incurred by Portugal for the purpose of combating Bursaphelenchus xylophilus (Steiner et Buhrer) Nickle et al. (pinewood nematode)

(notified under document number C(2006) 6433)

(Only the Portuguese text is authentic)

(2006/923/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Directive 2000/29/EC of 8 May 2000 on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community (1), and in particular Article 23(6) thereof,

Whereas:

HAS ADOPTED THIS DECISION:

Article 1

Principle

The allocation of a Community financial contribution for 2006 and 2007 to cover expenditure incurred by Portugal relating to further action, as specified in Article 23(6) of Directive 2000/29/EC, and taken for the purpose of combating Bursaphelenchus xylophilus (Steiner et Buhrer) Nickle et al. (pinewood nematode), which is laid down in Annex I, and taken in the framework of the action plan proposed by Portugal, is hereby approved.

Article 2

Amount of Community financial contribution and eligible actions

The total maximum Community financial contribution referred to in Article 1 is EUR 8 417 848,95.

The eligible expenditure and the maximum Community financial contributions shall be set out in Annex I.

Article 3

Advance payment

An advance of EUR 2 000 000 shall be paid within 30 days from the date of adoption of this Decision.

Article 4

Payment of the balance of the Community financial contribution

The balance of the Community financial contributions as set out in Annex I shall be paid on the following conditions:

Article 5

Supporting documents

Evidence of the measures taken and the expenditure incurred shall be submitted by Portugal through:

Article 6

Absence of overcompensation

The expenditure incurred by Portugal for the measures laid down in Annex I shall not result in any overcompensation of the owners of the trees. The compensation shall be based on the value of the wood the owner would have been able to obtain immediately before the beginning of the actions in the clear cut belt.

Article 7

Reduction in Community financial contribution

1.   If there is evidence that the measures laid down in Annex I have not been completed in an appropriate way by 31 March 2007 at the latest, the rate of Community financial contribution relating to the part of the eligible expenditure concerned by this late execution shall be reduced to a level specified in the following table:

2.   Without prejudice to paragraph 1, failure to submit the request for payment and the accompanying reports provided for in Article 4(b) by 31 August 2007 at the latest, shall result in a 25 % reduction in the Community financial contribution per calendar month of delay.

Article 8

Compliance with other Community policies

Portugal shall ensure that the further action referred to in Article 1 is implemented in compliance with the applicable Community environmental legislation.

Article 9

Addressee

This Decision is addressed to the Portuguese Republic.

Done at Brussels, 13 December 2006.

For the Commission

Markos KYPRIANOU            

Member of the Commission

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(1)OJ L 169, 10.7.2000, p. 1. Directive as last amended by Commission Directive 2006/35/EC (OJ L 88, 25.3.2006, p. 9).

(2)OJ L 306, 23.11.2001, p. 25.

(3)OJ L 311, 14.11.2002, p. 16.

(4)OJ L 293, 11.11.2003, p. 13.

(5)OJ L 341, 17.11.2004, p. 27.

(6)  These measures have been laid down in the Portuguese Decree No 103/2006 of 6 February 2006, as amended by Decree No 815/2006 of 16 August 2006.

(7)OJ L 209, 11.8.2005, p. 1. Regulation as amended by Regulation (EC) No 320/2006 (OJ L 58, 28.2.2006, p. 42).

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ANNEX I

Community financial contribution for 2006 and 2007 for the different actions of the programme presented by Portugal to control Bursaphelenchus xylophilus (Steiner et Buhrer) Nickle et al. (pinewood nematode)

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(1)  3 km wide zone on the outer borderline of the demarcated area as defined in Commission Decision 2006/133/EC (OJ L 52, 23.2.2006, p. 34).

(2)  Compensation to the land owner for the value of his wood because the cut trees are healthy trees and become the property of the companies cutting them.

(3)  Flat rate (5 %) for coordination activities.

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ANNEX II

FINANCIAL COST STATEMENT

PINEWOOD NEMATODE CONTROL PROGRAMME PORTUGAL 2006-2007

DEMARCATED ZONE — CLEAR CUT BELT

Measure 1: Survey activities in the belt area

Actually incurred and paid costs

Measure 2: Cutting and transport of trees

Actually incurred and paid costs

Measure 3: Stripping of the trees

Actually incurred and paid costs

Measure 4: Disposal of tree strippings

Actually incurred and paid costs

Measure 5: Compensation for the value of the wood

Actually incurred and paid costs

Measure 6: Re-design of information system

Actually incurred and paid costs

Measure 7: Coordination activities

Actually incurred and paid costs

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