COMMISSION DECISION of 20 November 1998 on the Community's financial contribution to a programme for the control of organisms harmful to plants and plant products in Madeira for 1998 (notified under document number C(1998) 3561) (Only the Portuguese text is authentic) (98/690/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 1600/92 of 15 June 1992 introducing specific measures in respect of certain agricultural products for the benefit of the Azores and Madeira (1), as last amended by Commission Regulation (EC) No 2348/96 (2), and in particular Article 33(3) thereof,
Whereas Commission Decision 93/522/EEC (3), as amended by Decision 96/633/EC (4), defines what measures are eligible for Community financing as regards programmes for the control of organisms harmful to plants and plant products in the French overseas departments, the Azores and Madeira;
Whereas specific agricultural production conditions in Madeira call for particular attention, and action must be taken or reinforced as regards crop production, in particular the phytosanitary aspects for this region;
Whereas the action to be taken or reinforced on the phytosanitary side is particularly costly;
Whereas the programme of action is to be presented to the Commission by the relevant Portuguese authorities; whereas this programme specifies the objectives to be achieved, the measures to be carried out, their duration and their cost so that the Community may contribute to financing them;
Whereas the Community's financial contribution may cover up to 75 % of eligible expenditure, protective measures for bananas excluded;
Whereas the plant protection operations in Madeira provided for in the operational programme and the Community initiative REGIS II for the period 1994 to 1999 and financed from the Structural Funds cannot be the same as those contained in this programme;
Whereas the operations provided for in the European Community framework programme for research and technological development cannot be the same as those contained in this programme;
Whereas the measures foreseen in the environmental programme approved for the Region of Madeira in the framework of Council Regulation (EEC) No 2078/92 (5), as amended by Regulation (EC) No 2772/95 (6), cannot be the same as those contained in this programme;
Whereas the technical information provided by Portugal has enabled the Standing Committee on Plant Health to analyse the situation accurately and comprehensively;
Whereas the measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Plant Health,
HAS ADOPTED THIS DECISION:
Article 1
The Community's financial contribution to the official programme for the control of organisms harmful to plants and plant products on the Island of Madeira presented for 1998 by the relevant Portuguese authorities is hereby approved.
Article 2
The official programme is made up of two sub-programmes:
1. a sub-programme for the autocidal control of the fruit fly (Ceratitis capitata Wied);
2. a sub-programme for the control of the white citrus fly (Aleurothrixus floccosus Maskell).
Article 3
The maximum Community financial contribution to the programme in 1998 shall be ECU 500 000 for expenditure related to eligible measures as defined by Decision 93/522/EEC out of a total expenditure of ECU 666 667 (VAT excluded).
The schedule of programme costs and their financing is set out as Annex I to this Decision. In the case where the total eligible expenditure for 1998 presented by Portugal would be less than the forecast amount of ECU 666 667, the Community's contribution would be reduced in proportion.
The Community reimbursement will be made in accordance with the provisions of the first paragraph of this Article and the financial rate of the ecu on 1 April 1998, i.e. ECU 1 = PTE 203,243.
Article 4
A first instalment of ECU 250 000 shall be paid to Portugal immediately after the official notification of the present Decision.
Article 5
The Community assistance shall relate to the eligible measures associated with the operations covered by the programme set up in Portugal by provisions for which the necessary financial resources have been committed between 1 December 1997 and 31 December 1998. The final date for payments in connection with the operations shall be 31 March 1999, and non-compliance without justification of delay shall entail loss of entitlement to Community financing.
In the case where a request for extension of the final date for payment is necessary, the responsible official authorities have to introduce this request before the final date and present the justification concerning this request.
Article 6
Specific provisions relating to the financing of the programme, provisions on compliance with Community policies and the information to be provided to the Commission by Portugal are set out in Annex II.
Article 7
Any public contracts in connection with investments covered by this Decision shall be subject to Community law.
Article 8
This Decision is addressed to the Portuguese Republic.
Done at Brussels, 20 November 1998.