1990D0424 — EN — 26.07.1990 — 000.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COUNCILDECISION
of26June1990
onexpenditureintheveterinary field
(90/424/EEC)
(OJ L 224, 18.8.1990, p. 19)
Corrected by:
►C1Corrigendum, OJ L 304, 1.11.1990, p. 99 (90/424/EEC)
▼B
COUNCILDECISION
of26June1990
onexpenditureintheveterinary field
(90/424/EEC)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic
Community, and in particular Article 43 thereof,
Having regard to the proposal from the Commission(1),
Having regard to the opinion of the European Parliament(2),
Having regard to the opinion of the Economic and Social
Committee(3),
Whereaslive animalsand productsof animal origin appear on the lis t
in Annex II to the Treaty; whereaslives tock farming and the placingon the market of products of animal origin constitute a source ofincome for a large part of the agricultural population;
Whereasthe rational development of thiss ector and an improvement in
itsproductivity may be achieved by the initiation of veterinary
measures aimed at protecting and raising the level of public and animal
health in the Community;
Whereas the pursuit of that objective necessitates the provision of
Community aid for actionsundertaken or intended to be undertaken;
Whereas the Community is to adopt measures designed to establish the
internal market progressively over a period expiring on 31 December1992;
Whereas, within that framework, the Community should make a finan-
cial contribution towardsthe eradication, asquickly aspos s ible, of anyoutbreak of a serious infectious disease;
Whereas it is also necessary to prevent and reduce, by appropriate
control measures, the appearance of zoonoses which pose a threat to
human health;
Whereas the new control strategy postulates the suppression of internal
frontier controls and the harmonization of the control system for
products coming from third countries; whereas it seems appropriate tofacilitate the implementation of that strategy by providing for a finan-cial contribution by the Community towardsthe initiation and thedevelopment of the new strategy;
Whereas the harmonization of essential requirements concerning the
protection of public health, the protection of animal health and the
protection of animals presupposes the designation of Community
liaison and reference laboratories and the undertaking of technical andscientific actions; whereas it seems appropriate to provide for aCommunity financial contribution; whereas, in the field of animalprotection in particular, it is desirable to create a database to gather,
store and disseminate any information necessary;
WhereasCommunity meas uresfor the eradication of certain animal
diseases already qualify for financial aid from the Community; whereas
the provisions concerned include those adopted by way of CouncilDirective 77/391/EEC of 17 May 1977 introducing Communitymeasures for the eradication of brucellosis, tuberculosis and leucosisin cattle(
4), aslas t amended by Regulation (EEC) No 3768/85(5),
Council Directive 82/400/EEC of 14 June 1982 amending Directive1990D0424 — EN — 26.07.1990 — 000.001 — 2
(1) OJ No C 84, 2. 4. 1990, p. 1.
(2) OJ No C 149, 18. 6. 1990.
(3) OJ No C 168, 10. 7. 1990, p. 5.
(4) OJ No L 145, 13. 6. 1977, p. 14.
(5) OJ No L 362, 31. 12. 1985, p. 9.
▼B
77/391/EEC and introducing a supplementary Community measure for
the eradication of brucellosis, tuberculosis and leucosis in cattle(1), as
last amended by Regulation (EEC) No 3768/85, Council Decision 89/
145/EEC of 20 February 1989 introducing a Community financial
measure for the eradication of contagious bovine pleuropneumonia(CBPP) in Portugal(
2), Council Decision 80/1096/EEC of 11 November
1980 introducing Community financial measures for the eradication ofclassical swine fever(
3), as last amended by Decision 87/488/EEC(4),
Council Decision 86/649/EEC of 16 December 1986 introducing a
Community financial measure for the eradication of African swinefever in Portugal(
5), as last amended by Decision 89/577/EEC(6),
Council Decision 86/650/EEC of 16 December 1986 introducing aCommunity financial mesure for the eradication of African swine feverin Spain(
7), Council Decision 89/455/EEC of 24 July 1989 introducing
Community measures to set up pilot projects for the control of rabies
with a view to itseradication or prevention(8); whereasit isadvis able
that financial contributionsfrom the Community which are intended forthe eradication of the diseases referred to above continue to begoverned by the Decision relating thereto; whereas, nevertheless, as
concerns the additional measure for the eradication of brucellosis,
tuberculosis and leucosis in cattle, as provided for in Decision 87/58/EEC(
9), there would appear to be justification, in the interests of
consistency, for providing for the possibility of increasing the level ofthe Community'sfinancial contribution up to 50 % of the cos tsincurred by Member Statesfor the s laughter of cattle;
Whereas provision should be made for a Community financial measure
for the eradication and monitoring of certain animal diseases; whereasall Community financial measures for the eradication and monitoring
of animal diseases which involve compulsory Community budget
expenditure should be brought together under one head;
Whereas it is appropriate to confer upon the Commission the task of
taking the necessary applicatory measures,
HAS ADOPTED THIS DECISION:
Article 1
ThisDecis ion laysdown the proceduresgoverning the Community's
financial contribution towards:
— specific veterinary measures,
— inspection measures in the veterinary field,
— programmes for the eradication and monitoring of animal diseases.
This Decision shall not affect the option enjoyed by certain Member
Statesof being eligible for a financial contribution by the Communityof more than 50 % under Council Regulation (EEC) No 2052/88 of 24June 1988 on the Tasks of the Structural Funds and their effectiveness
and on coordination of their activitiesbetween thems elvesand with the
operations of the European Investment Bank and the other existinginstruments(
10).1990D0424 — EN — 26.07.1990 — 000.001 — 3
(1) OJ No L 173, 19. 6. 1982, p. 18.
(2) OJ No L 53, 25. 2. 1989, p. 55.
(3) OJ No L 325, 1. 12. 1980, p. 5.
(4) OJ No L 280, 3. 10. 1987, p. 26.
(5) OJ No L 382, 31. 12. 1986, p. 5.
(6) OJ No L 322, 7. 11. 1989, p. 21.
(7) OJ No L 382, 31. 12. 1986, p. 9.
(8) OJ No L 223, 2. 8. 1989, p. 19.
(9) OJ No L 24, 27. 1. 1987, p. 51.
(10) OJ No L 185, 15. 7. 1988, p. 9.
▼B
TITLE 1
SPECIFICVETERINARYMEASURES
Article 2
Specific veterinary measures shall include:
— emergency measures;
— the campaign against foot-and-mouth disease,
— measures for the protection of animals,— contribution to national schemes for the eradication of certain
diseases,
— technical and scientific measures.
Chapter 1
Emergencymeasures
Article 3
1. The provisions of this Article shall apply in the event of the
occurrence of one of the following diseases in the territory of a
Member State:
— rinderpest cattle plague,
— sheep and goat plague,— swine vesicular disease,
— blue tongue,
— Teschen disease,
— avian plague,
— sheep pox or goat pox,
— Rift Valley fever,
— lumpy skin disease,— African horse sickness,
— vesicular stomatitis,
— Venezuelan equine viral encephalomyelitis.
2. The Member State concerned shall obtain a financial contribution
from the Community for the eradication of the disease, on conditionthat the measures applied immediately comprise at least the isolationof the holding from the time of suspicion and, following official confir-
mation of the disease:
— the slaughter of animals of susceptible species which are affected or
contaminated or suspected of being affected or contaminated, andtheir destruction, and, in the case of avian plague, destruction ofthe eggs,
— the destruction of contaminated feedingstuffs and contaminated
equipment, where the latter cannot be disinfected in accordancewith the third indent,
— the cleaning, disinsectization and disinfection of the holdings and of
the equipment on the holdings,
— the establishment of protection zones,
— the imposition of suitable measures to prevent the risk of the spread
of infection,
— the establishment of a waiting period to be observed after slaughter
before re-stocking of the holding,
— swift and adequate compensation of the livestock farmers.1990D0424 — EN — 26.07.1990 — 000.001 — 4
▼B
3. The Member State concerned shall, without delay, inform the
Commision and the other Member States of the measures applied inaccordance with Community legislation on notification and eradication
and the results thereof. The situation shall be examined as soon as
possible within the Standing Veterinary Committee, hereinafter referredto as the ‘Committee’, set up by Decision 68/361/EEC(
1). The specific
financial contribution by the Community shall be decided in accor-dance with the procedure laid down in Article 41, without prejudice
to the measures provided for in the context of the common organiza-
tion of marketsconcerned.
4. If, in view of the development of the situation in the Community,
it proves necessary to continue the measures provided for in paragraph2, a new decision concerning the financial contribution by the Commu-
nity, which might exceed the figure of 50 % laid down in the first
indent of paragraph 5, may be adopted in accordance with the proce-dure laid down in Article 40. When thisdecis ion isadopted, anymeasures which the Member State concerned must take in order toensure the success of the action may be laid down, and in particularmeasures other than those mentioned in paragraph 2.
5. Without prejudice to market support measures to be taken as part
of the common organization of markets, the financial contribution bythe Community, divided if necessary into several tranches, must be:
— 50 % of the costs incurred by the Member State in compensating
owners for the slaughter, destruction of animals and, where appro-priate, their products, for the cleaning, disinsectization anddisinfection of holdings and equipment and for the destruction ofthe contaminated feedingstuffs and contaminated equipmentreferred to in the second indent of paragraph 2,
— where vaccination hasbeen decided upon in accordance with para-
graph 4, 100 % of the cost of supply of the vaccine and 50 % of the
costs incurred in carrying out that vaccination.
Article 4
1. Article 3 shall apply in the event of the occurrence of African
swine fever or contagious bovine pleuropneumonia in the territory, orpart of the territory, of a Member State which isnot s ubject to an
eradication plan for that disease in accordance with Community provi-
sions.
2. In the event of the occurrence of Newcastle disease in the terri-
tory of a Member State, Article 3 shall apply.
However, except where the Commission takes a decision in accordance
with the procedure provided for in Article 41, authorizing, on certain
conditionsand for a limited period and a limited area, recours e tovaccination, no financial contribution by the Community will begranted for the supply of the vaccine or the carrying out of the vacci-nation.
Article 5
1. In accordance with the procedure laid down in Article 41, the
Commission, at the request of a Member State, shall add to the list inArticle 3 (1) an exotic disease for which declaration is mandatory andwhich islikely to cons titute a danger for the Community.
2. In accordance with the procedure laid down in Article 41, the list
in Article 3 (1) may be supplemented in line with developments in the
situation, to include diseases which must be notified in accordance withDirective 82/894/EEC and diseases which can be transmitted to fish, oramended or shortened, to take account of progress made with themeasures decided at Community level to control certain diseases, clas-sical swine fever in particular.1990D0424 — EN — 26.07.1990 — 000.001 — 5
(1) OJ No L 255, 18. 10. 1968. p. 23.
▼B
3. Article 3 (2) may be supplemented or amended in accordance
with the procedure laid down in Article 41, in particular to takeaccount of the inclusion of new diseases in the list in Article 3 (1), of
experience acquired or of the adoption of Community provisions
concerning disease control.
Article 6
1. Where a Member State isdirectly threatened by the occurrence or
the development, in the territory of an adjacent third country orMember State, of one of the diseases referred to in Article 3 (1), 4 (1)and (2) or 11 (1), it shall inform the Commission and the other
Member Statesof the meas ureswhich it intendsto adopt for itsprotec-
tion.
2. As soon as possible, the situation shall be examined within the
Committee referred to in Article 41. In accordance with the procedurelaid down in that Article, it may be decided to adopt any measuresappropriate to the situation including, in particular, the establishment
of a vaccination buffer zone, and to grant a financial contribution by
the Community towards the measures deemed particularly necessaryfor the success of the action undertaken.
3. The decision referred to in paragraph 2 shall set out the eligible
costs and the level of the financial contribution by the Community.
Article 7
1. The Community may decide, at the request of a Member State,
that the Member States should establish stocks of biological products
intended for the control of the diseases referred to in Article 3 (1),Article 4 (1) (vaccines, standardized virus serotypes, diagnostic sera)and, without prejudice to the decision provided for in Article 14 (2)of Directive 85/511/EEC, Article 11 (1) of thisDecis ion.
2. The action referred to in paragraph 1, and the rulesfor itsimple-
mentation, particularly concerning the choice, production, storage,
transport and use of such stocks, and the level of financial contributionby the Community, shall be decided in accordance with the procedurelaid down in Article 41.
Article 8
1. If the occurrence or the development in a third country of one of
the diseases referred to in Article 3 (1), 4 (1), 5 (1) or 11 (1) may
constitute a danger to the Community, the Community may give its
support to control measures against that disease by supplying vaccineor by financing the acquisition of vaccine.
2. The action referred to in paragraph 1, the rulesfor itsimplemen-
tation, the conditionsto which it may be s ubject and the level offinancial contribution by the Community shall be decided in accor-
dance with the procedure laid down in Article 41.
Article 9
1. The Commission shall carry out, with the cooperation of the
national competent authorities, on-the-spot checks to ensure, from aveterinary point of view, that the measures adopted have been applied.
2. Member States shall take all necessary steps to facilitate these
checks, and shall, in particular, ensure that the experts have access toall information and documents necessary for assessing whether the
measures have been carried out.
3. General rulesfor the application of thisArticle, particularly
concerning the frequency and methodsof carrying out the checksreferred to in paragraph 1, the appointment of veterinary expertsandthe procedure which they must follow in drawing up their report, shallbe adopted in accordance with the procedure laid down in Article 41.1990D0424 — EN — 26.07.1990 — 000.001 — 6
▼B
Article 10
The appropriationsrequired for meas uresasreferred to in thischapter
shall be decided each year as part of the budgetary procedure.
Chapter 2
Thecampaignagainstfoot-and-mouthdisease
Article 11
1. The provisions of this Article shall apply in the event of the
occurrence of foot-and-mouth disease in the territory of a MemberState.
2. The Member State concerned shall obtain a financial contribution
from the Community for the eradication of foot-and-mouth disease, oncondition that the measures provided for in Article 3 (2) and the appro-priate provisions of Council Directive 85/511/EEC of 18 November1985 introducing Community measures for the control of foot-and-mouth disease(
1), asamended by Directive 90/423/EEC(2), are applied
immediately.
3. Article 3 (3) shall apply.
4. Without prejudice to the measures to be taken in the context of
the common organization of the market to support the market, thespecific financial contribution under this Decision shall be equal to
60 % of the costs incurred by the Member State in:
(a) compensating owners for:
(i) the slaughter and destruction of animals,
(ii) the destruction of milk,
(iii) the cleaning and disinfection of holdings,
(iv) the destruction of contaminated feedingstuffs and, where it
cannot be disinfected, contaminated equipment,
(v) losses incurred by farmers as a result of restrictions imposed
on the marketing of livestock and pasture-fattened animals asa result of the reintroduction of emergency vaccination, inaccordance with the penultimate subparagraph of Article 13(3) of Directive 85/511/EEC;
(b) Where applicable, the transport of carcases to processing plants;
(c) any other measures which are essential for the eradication of the
outbreak of the disease.
The Commission shall, in accordance with the procedure provided for
in Article 41, define the nature of the other measures referred to in (c)
which may be eligible for the same financial contribution by the
Community and the cases in which point (a) (v) shall apply.
5. For the first time not later than 45 days after official confirmation
of the first outbreak of foot-and-mout disease, and subsequently as andwhen required by the turn of events, the situation shall be re-examinedwithin the Committee referred to in Article 42. Thisexamination s hallcover both the veterinary situation and the estimated expenditurealready incurred or committed. Following thisexamination, a new deci-
sion concerning the financial contribution by the Community, which
may exceed the figure of 60 % laid down in paragraph 4, may beadopted in accordance with the procedure laid down in Article 42.This decision shall set out the eligible costs and the level of the finan-cial contribution by the Community. In addition, when thisdecis ion is
adopted, any measures which the Member State concerned must take in
order to ensure the success of the action may be adopted, in particularmeasures other than those referred to in paragraph 2.1990D0424 — EN — 26.07.1990 — 000.001 — 7
(1) OJ No L 315, 26. 11. 1985, p. 11.
(2) See p. 13 of thisOfficial Journal.
▼B
6. However, by way of derogation from paragraph 4, the specific
financial contribution by the Community for the measures referred toin that paragraph shall be 70 % until 1 January 1995.
Article 12
Any measure decided by the Community to assist the campaign against
foot-and-mouth disease outside the Community, in particular measurestaken pursuant to Article 6 and 8, may receive a Community financialcontribution.
Article 13
The measures and the rules for the implementation of the measures
referred to in Article 12, the conditionsto which they may be s ubjectand the level of financial contribution by the Community shall bedecided in accordance with the procedure laid down in Article 42.
Article 14
Community aid may be granted to set up a Community reserve of anti-
foot-and-mouth disease vaccines as provided for in Article 14 (2) ofDirective 85/511/EEC.
The level of Community participation and the conditionsto which s uch
participation may be subject shall be determined in accordance with theprocedure provided for in Article 42.
Article 15
The appropriations required for measures as specified in Articles 12, 13
and 14 shall be decided each year as part of the budgetary procedure.
Should a serious outbreak of foot-and-mouth disease necessitate expen-
diture under the provisions of this chapter in excess of the
appropriations determined in accordance with the first subparagraph,the Commission will take the necessary measures within its existingpowers or put forward to the budgetary authority the necessary propo-sals to ensure that the financial commitments in relation to Article 11
are fulfilled.
The measures provided for in Article 11 shall be considered as an
intervention within the meaning of Article 3 (1) of Regulation (EEC)
No 729/70.
Chapter 3
Protection ofanimals
Article 16
The Community shall make a financial contribution to the establish-
ment of an information policy in the field of animal protection,
including:
— the installation and development of a system, including an appro-
priate database for gathering and storing all information relating toCommunity legislation concerning the protection of animals keptfor farming purposes, the protection of animals during transport
and the protection of animals for slaughter, and for disseminating
such information to the competent authorities, producers and consu-mers,
— the performance of studies necessary for the preparation and devel-
opment of legislation in the field of animal protection.
Article 17
The measures referred to in Article 16, the rules for their implementa-
tion and the level of financial contribution by the Community shall bedecided in accordance with the procedure laid down in Article 41.1990D0424 — EN — 26.07.1990 — 000.001 — 8
▼B
Article 18
The appropriations required for measures as specified in this chapter
shall be decided each year as part of the budgetary procedure.
Chapter 4
Technicalandscientific measures
Article 19
The Community shall undertake, or assist the Member States in under-
taking, the technical and scientific measures necessary for thedevelopment of Community veterinary legislation.
Article 20
►
C1The measures referred to in Article 19, the rules for ◄their
implementation and the level of financial contribution by the Commu-
nity shall be decided upon in accordance with the procedure laid downin Article 41.
Article 21
The appropriationsrequired for the meas uresprovided for in this
chapter shall be decided each year as part of the budgetary procedure.
TITLE II
Programme fortheeradicationandmonitoringofanimaldiseases
Article 22
1. Community financial participation in the eradication of bovine
brucellosis, tuberculosis and leucosis shall — without prejudice to the
provisions of Article 25 (1) — be fixed by:
— Directive 77/391/EEC,
— Directive 82/400/EEC,— Decision 87/58/EEC.
2. The Community financial contribution towardsthe eradication of
bovine contagious pleuropneumonia shall be fixed by Decision 89/145/EEC.
Article 23
1. The Community financial contribution towardsthe eradication of
classical swine fever shall be fixed by Decision 80/1096/EEC.
2. The Community financial contribution towardsthe eradication of
African swine fever shall be fixed by:
— Decision 86/649/EEC,
— Decision 86/650/EEC,
— Council Decision 90/217/EEC of 25 April 1990 on Community
financial aid for the eradication of African swine fever in
Sardinia(
1).
3. The Community financial contribution towardsthe eradication of
ovine brucellosis shall be fixed by Council Decision 90/242/EEC of 21May 1990 introducing a Community financial measure for the eradica-tion of brucellosis in sheep and goats(
2).
4. The Community financial contribution towardsthe eradication of
infectious hematopoeitic necrosis shall be fixed, before 31 December
1990, under a Council Decision introducing a Community financial
measure for the eradication of infectious salmonid hematopoeiticnecrosis in the Community.1990D0424 — EN — 26.07.1990 — 000.001 — 9
(1) OJ No L 116, 8. 5. 1990, p. 24.
(2) OJ No L 140, 1. 6. 1990, p. 123.
▼B
Article 24
1. A Community financial measure shall be introduced for the eradi-
cation and monitoring of the diseases listed in the Annex. This list maybe supplemented or amended in line with developments in the healthsituation in the Community on the basis of a decision of the Council,
acting by a qualified majority on a proposal from the Commission.
2. Before 1 October 1990, the Council, acting by a qualified
majority on a proposal from the Commission, shall lay down the
Community criteria applicable to the measure referred to in paragraph1. However, for diseases for which the Community has already laiddown the Community criteria applicable to the measure to be taken,Member States may submit to the Commission a programme in accor-dance with paragraph 3 once notification of thisDecis ion hasbeen
given.
3. When submitting a programme to the Commission, the Member
State concerned shall supply all appropriate financial information and
shall indicate in particular the total estimated annual cost of carryingout the programme. Thisprogramme, which may have been amendedfollowing the Commission's examination, shall be approved accordingto the procedure laid down in Article 41.
4. For each programme, the level of the Community'sfinancial
contribution, and any conditions to which it may be subject, shall bedecided upon in accordance with the procedure laid down in Article 41.
5. Requests for payment shall apply to expenditure incurred by the
Member State concerned during the calendar year and shall be
submitted to the Commission before 1 July of the following year.
6. The Commission shall take a decision on the aid, after consulting
the Committee.
7. The Commission shall make regular on-the-spot checks, with the
cooperation of the national competent authorities, on the application of
programmesreceiving a financial contribution from the Community.
8. The Commission shall regularly, at least once a year, give infor-
mation to the Member Stateswithin the Committee, on the bas isofinformation supplied by the authorities of the Member Statesconcerned, which shall make a detailed report to the Commission alongwith their requests for payment and, where applicable, on the basis ofreports from experts who, having been appointed by the Commission
and acting on behalf of the Community, have made on-the-spot inspec-
tions.
9. The detailed rulesfor the implementation of thisArticle s hall be
adopted in accordance with the procedure laid down in Article 41.
Article 25
1. Notwithstanding Articles 22, 23, and 24, the level of Community
financial participation for programmes relating to the diseases referredto in the said Articles shall be fixed by the Commission, according to
the procedure provided for in Article 41, at 50 % of the costs incurred
in the Member State by way of compensation for owners for theslaughter of cattle because of the disease concerned.
2. At the request of a Member State, the Commission shall, within
the Standing Veterinary Committee, re-examine the situation withregard to the diseases covered by Articles 22, 23 and 24. This re-exam-ination shall cover both the veterinary situation and the estimate of
expenditure already committed or to be committed. Following thisre-
examination, any new decision on the Community's financial contribu-tion, which may be in excess of 50 % of the costs incurred in MemberStates to compensate owners for slaughtering animals for the diseaseconcerned, shall be adopted in accordance with the procedure providedfor in Article 42.1990D0424 — EN — 26.07.1990 — 000.001 — 10
▼B
When this decision is adopted, any measures which the Member State
concerned must take in order to ensure the success of the action maybe adopted.
Article 26
Estimated annual aid chargeable to the Community budget under the
chapter on agricultural expenditure isECU 70 million for the meas ures
provided for under thisTitle.
TITLE III
VETERINARYINSPECTION
Article 27
The Community shall contribute towards improving the efficiency of
veterinary inspection by:
— granting financial aid to liaison and reference laboratories,
— making a financial contribution towardscarrying out ins pections
aimed at the prevention of zoonoses,
— making a financial contribution towardsimplementing the new
inspection strategy consequent upon the completion of the internalmarket.
Chapter 1
Liaisonandreference laboratories
Article 28
1. Any liaison or reference laboratory designated as such in accor-
dance with Community veterinary legislation and fulfilling the duties
and requirementslaid down therein, may receive Community aid.
2. Arrangementsfor granting the aid provided for in paragraph 1,
the conditions to which it may be subject and its amount, shall be
determined in accordance with the procedure laid down in Article 41.
3. The appropriationsrequired for the meas uresprovided for in this
chapter shall be decided upon each year as part of the budgetary proce-dure.
Chapter 2
Checksaimedatthepreventionofzoonoses
Article 29
Once Community rulesto control zoonos eshave been introduced,
Member Statesmay, aspart of a national plan to be approved by the
Commission in accordance with the procedure laid down in Article41, seek a financial contribution from the Community towards theircontrol plan.
Article 30
When submitting its control plan to the Commission, the Member State
concerned shall supply all appropriate financial information and shallindicate in particular the total estimated annual cost of carrying outthe plan.
Article 31
For each national control plan, the level of financial contribution by the
Community, and any conditions to which it may be subject, shall bedetermined in accordance with the procedure laid down in Article 41.1990D0424 — EN — 26.07.1990 — 000.001 — 11
▼B
Article 32
For the purposes of this chapter, paragraphs 5 to 8 of Article 24 shall
apply.
Article 33
The appropriationsrequired for the meas ureslaid down in thischapter
shall be decided each year in the framework of the budgetary proce-dure.
Chapter 3
Newcontrolstrategy
Article 34
1. Each Member State shall draw up a programme for exchanges of
officialsworking in the veterinary s ector.
2.►
C1Within the Standing Veterinary Committee, the Commis-
sion shall ◄, along with the Member States, coordinate the
programmesfor exchange.
3. The Member State concerned shall take all the measures neces-
sary for the implementation of the coordinated programmes forexchange.
4. Each year, on the basis of reports by the Member States, the
implementation of the programmesfor exchange s hall be examinedwithin the Committee.
5. Member Statess hall take account of experience acquired in order
to improve and extend the exchange programmes.
6. Community financial aid may be granted with a view to
promoting the smooth operation of exchange programmes notably
through the further training courses referred to in Article 36 (1). Thelevel of financial contribution by the Community, and any conditionsto which it may be subject, shall be determined in accordance withthe procedure laid down in Article 41.
7. For the purposes of this Article, Articles 20 and 21 shall apply.
Article 35
Article 34 (6) and (7) shall apply in respect of programmes to be estab-
lished under the decision provided for in Article 19 of CouncilDirective 89/662/EEC of 11 December 1989 on the veterinary checksapplicable in intra-Community trade with a view to the completion of
the internal market(
1), with a view to organizing veterinary inspections
at external frontierson productsintroduced into the Community fromthird countries.
Article 36
1. The Commission may, either directly or through the competent
national authorities, organize refresher courses or meetings forpersonnel in the Member States, in particular, personnel responsiblefor the checksreferred to in Article 35.
2. Arrangementsfor organizing the meas uresprovided for in para-
graph 1 and the level of the Community'sfinancial contribution s hallbe established by the Commission in accordance with the procedure
laid down in Article 41.
Article 37
1. The introduction of systems for identifying animals and notifying
diseases under legislation concerning veterinary checks in intra-1990D0424 — EN — 26.07.1990 — 000.001 — 12
(1) OJ No L 395, 30. 12. 1989, p. 13.
▼B
Community trade in live animals, with a view to the completion of the
internal market, may receive Community financial assistance.
2. Arrangementsfor organizing the meas ure provided for in para-
graph 1 and the level of the Community'sfinancial contribution s hallbe established by the Commission after consultation of the Committee.
Article 38
1. Should a Member State experience, from a structural or geogra-
phical point of view, staffing or infrastructure problems inimplementing the new control strategy brought about by the completionof the internal market for live animalsand productsof animal origin, itmay, for a transitional period, obtain Community financial assistancewhich is progressively reduced.
2. The Member State concerned shall submit to the Commission a
national programme, accompanied by all the appropriate financialinformation, designed to improve its control system.
3. For the purposes of this Article, Article 24 (3) and 24 (5) to (8)
shall apply.
Article 39
The appropriationsrequired for meas uresprovided for in thischapter
shall be decided each year as part of the budgetary procedure.
TITLE IV
FINALPROVISIONS
Article 40
Articles8 and 9 of Council Regulation (EEC) No 729/70 of 21 April
1970 on the financing of the common agricultural policy(1), aslas t
amended by Regulation (EEC) No 2048/88(2), shall apply mutatis
mutandis .
Article 41
1. Where the procedure laid down in thisArticle isto be followed,
the chairman shall refer the matter without delay to the Standing Veter-
inary Committee set up by Directive 68/361/EEC(3), hereinafter
referred to as‘the Committee’, either on hisown initiative or at therequest of a Member State.
2. The representative of the Commission shall submit to the
Committee a draft of the measures to be taken. The Committee shalldeliver itsopinion on the draft within a time limit which the chairman
may lay down according to the urgency of the matter. The opinion
shall be delivered by the majority laid down in Article 148 (2) of theTreaty in the case of decisions which the Council is required to adopton a proposal from the Commission. The votes of the representatives ofthe Member Stateswithin the Committee s hall be weighted in themanner set out in that Article. The chairman shall not vote.
3. (a) The Commission shall adopt the measures envisaged if they are
in accordance with the opinion of the Committee.
(b) If the measures envisaged are not in accordance with the opinion
of the Committee, or if no opinion is delivered, the Commissionshall, without delay, submit to the Council a proposal relating tothe measures to be taken. The Council shall act by a qualifiedmajority.1990D0424 — EN — 26.07.1990 — 000.001 — 13
(1) OJ No L 94, 28. 4. 1970, p. 13.
(2) OJ No L 185, 15. 7. 1988, p. 1.
(3) OJ No L 255, 18. 10. 1968, p. 23.▼C1
▼B
▼B
If, on the expiry of a period of three monthsfrom the date of referral to
the Council, the Council has not acted, the Commission shall adopt theproposed measures and implement them immediately.
Article 42
1. Where the procedure laid down in thisArticle isto be followed,
the chairman shall refer the matter without delay to the Standing Veter-inary Committee set up by Directive 68/361/EEC(
1), hereinafter
referred to as‘the Committee’, either on hisown initiative or at therequest of a Member State.
2. The representative of the Commission shall submit to the
Committee a draft of the measures to be taken. The Committee shall
deliver its opinion on the draft within two days. The opinion shall bedelivered by the majority laid down in Article 148 (2) of the Treaty inthe case of decisions which the Council is required to adopt on aproposal from the Commission. The votes of the representatives of the
Member Stateswithin the Committee s hall be weighted in the manner
set out in that Article. The chairman shall not vote.
3. (a) The Commission shall adopt the measures envisaged if they are
in accordance with the opinion of the Committee.
(b) If the measures envisaged are not in accordance with the opinion
of the Committee, or if no opinion is delivered, the Commission
shall, without delay, submit to the Council a proposal relating to
the measures to be taken. The Council shall act by a qualifiedmajority.
If, on the expiry of a period of 15 daysfrom the date of referral to the
Council, the Council has not acted, the Commission shall adopt theproposed measures and implement them immediately.
Article 43
1. Council Decision 77/97/EEC of 21 December 1976 on the finan-
cing by the Community of certain emergency measures in the field of
animal health(
2), aslas t amended by Regulation (EEC) No 3768/85 is
hereby repealed with effect from the date of notification of thisDeci-sion.
In accordance with the procedure laid down in Article 41, the Commis-
sion shall determine the arrangements for defraying the measures forvaccination against African horse sickness from 1 September 1989.
2. However, decisions adopted under Decision 77/97/EEC shall
remain in force.
Article 44
This Decision is addressed to the Member States.1990D0424 — EN — 26.07.1990 — 000.001 — 14
(1) OJ No L 255, 18. 10. 1968, p. 23.
(2) OJ No L 26, 31. 1. 1977, p. 78.▼C1
▼B
▼B
ANNEX
DISEASELIST
Group1
Endemic diseases, subject to mandatory or voluntary control and/or eradication
measures on a herd or flock basis
— Bovine tuberculosis
— Bovine brucellosis— IBR/IPV (AI + embryo units)— Ovine and caprine brucellosis (B. melitensis)
— Enzootic bovine leukosis (EBL)
— Aujeszky's disease— Salmonella pullorum— Salmonella gallinarum— Anthrax— Maedi/Visna and CAEV— IBR/IPV (other typesof enterpris e)— Johnes disease (paratuberculosis)— Mycoplasma gallisepticum
Group2
Zoonoses or epizootics not covered elsewhere
— Rabies
— Echinococcosis— Bovine spongiform encephalopathy (BSE) or any other slow developing
disease.1990D0424 — EN — 26.07.1990 — 000.001 — 15