1990D0424 — EN — 28.07.2001 — 012.001 — 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)
Amended by:
Official Journal
No page date
►M1Council Decision 91/133/EEC of 4 March 1991 L 66 18 13.3.1991
►M2Council Regulation (EEC) No 3763/91 of 16 December 1991 L 356 1 24.12.1991
►M3Council Decision 92/337/EEC of 16 June 1992 L 187 45 7.7.1992
►M4Council Decision 92/438/EEC of 13 July 1992 L 243 27 25.8.1992
►M5Council Directive 92/117/EEC of 17 December 1992 L 62 38 15.3.1993
►M6Council Directive 92/119/EEC of 17 December 1992 L 62 69 15.3.1993
►M7Commission Decision 93/439/EEC of 30 June 1993 L 203 34 13.8.1993
►M8Commission Decision 94/77/EC of 7 February 1994 L 36 15 8.2.1994
►M9Council Decision 94/370/EC of 21 June 1994 L 168 31 2.7.1994
►M10Council Regulation (EC) No 1258/1999 of 17 May 1999 L 160 103 26.6.1999
►M11Council Decision 2001/12/EC of 19 December 2000 L 3 27 6.1.2001
►M12Council Decision 2001/572/EC of 23 July 2001 L 203 16 28.7.2001
Corrected by:
►C1Corrigendum, OJ L 304, 1.11.1990, p. 99 (90/424/EEC)
NB: This consolidated version contains references to the European unit of account and/or the ecu, which from 1 January 1999
should be understood as references to the euro — Council Regulation (EEC) No 3308/80 (OJ L 345, 20.12.1980, p. 1) andCouncil Regulation (EC) No 1103/97 (OJ L 162, 19.6.1997, p. 1).
▼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 — 28.07.2001 — 012.001 — 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 theeradication of classical 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 ofAfrican swine fever in Portugal (
5), as last amended by Decision 89/
577/EEC (6), Council Decision 86/650/EEC of 16 December 1986
introducing a Community financial mesure for the eradication ofAfrican swine fever in Spain (
7), Council Decision 89/455/EEC of 24
July 1989 introducing Community measures to set up pilot projects
for the control of rabieswith a view to itseradication or prevention (8);
whereasit isadvis able that financial contributionsfrom the Communitywhich are intended for the eradication of the diseases referred to abovecontinue to be governed 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 Deci-sion 87/58/EEC (
9), there would appear to be justification, in the
interests of consistency, for providing for the possibility of increasingthe level of the Community'sfinancial contribution up to 50 % of thecosts incurred by Member States for the slaughter 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 — 28.07.2001 — 012.001 — 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 aMember 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,
— haemorrhagic disease of deer,
— classical swine fever,
— African swine fever,
— contagiousbovine pleuropneumonia.
2. The Member State concerned shall obtain a financial contribution
from the Community for the eradication of the disease, on condition
that the measures applied immediately comprise at least the isolation
of 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 accordance
with 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,1990D0424 — EN — 28.07.2001 — 012.001 — 4
▼M6
▼M7
▼M9
▼B
▼B
— 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.
2a. The Member State concerned shall also qualify for a Community
financial contribution where, on the outbreak of one of the diseaseslisted in paragraph 1, two or more Member States collaborate closelyto control the epidemic, particularly in carrying out an epidemiologicalsurvey and disease surveillance measures. Without prejudice to themeasures provided for under the common organization of markets
concerned, the specific Community financial contribution shall be
decided on in accordance with the procedure laid down in Article 41.
3. The Member State concerned shall, without delay, inform the
Commision and the other Member States of the measures applied in
accordance with Community legislation on notification and eradicationand the results thereof. The situation shall be examined as soon aspossible 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 prejudiceto 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 thecosts incurred in carrying out that vaccination.
Article 4
1. The provisions of Article 3 shall be applicable where the control
of grave health risks for the Union is involved, which are caused by thediseases referred to in Article 3 (1), even if the territory where thedisease occurs is subject to an eradication programme in accordancewith Article 24.
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 certainconditionsand for a limited period and a limited area, recours e tovaccination, no financial contribution by the Community will be1990D0424 — EN — 28.07.2001 — 012.001 — 5
(1) OJ No L 255, 18. 10. 1968. p. 23.▼M6
▼B
▼M9
▼B
▼B
granted for the supply of the vaccine or the carrying out of the vacci-
nation.
3. The provisions of Article 3, with the exception of the fourth
indent of paragraph 2 and the second indent of paragraph 5, shall applywhen a zoonosis listed in Directive 92/117/EEC occurs, provided thatthisoccurrence isan immediate ris k to human health. Thisconditionwill be fulfilled when the decision provided for in Article 3 (3) is
taken.
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 in
Article 3 (1) an exotic disease for which declaration is mandatory and
which 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.
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 otherMember 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 procedure
laid down in that Article, it may be decided to adopt any measures
appropriate to the situation including, in particular, the establishmentof a vaccination buffer zone, and to grant a financial contribution bythe 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 productsintended 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) may1990D0424 — EN — 28.07.2001 — 012.001 — 6
▼M5
▼B
▼B
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 of
financial 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 checks
referred to in paragraph 1, the appointment of veterinary expertsand
the procedure which they must follow in drawing up their report, shallbe adopted in accordance with the procedure laid down in Article 41.
Article 10
The appropriationsrequired for meas uresasreferred to in thischapter
shall be decided each year as part of the budgetary procedure.
Article 10a
The financial contribution of the Community shall not be granted
where the total amount of the measure is less than ECU 10 000.
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, on
condition 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 to60 % 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,1990D0424 — EN — 28.07.2001 — 012.001 — 7
(1) OJ No L 315, 26. 11. 1985, p. 11.
(2) See p. 13 of thisOfficial Journal.▼M9
▼B
▼B
(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, in
accordance 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 expenditure
already incurred or committed. Following thisexamination, a new deci-
sion concerning the financial contribution by the Community, whichmay 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.
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 ►
M91 January 1998 ◄.
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 be
decided 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 the
procedure 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 11are fulfilled.1990D0424 — EN — 28.07.2001 — 012.001 — 8
▼M10
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.
This contribution shall not apply to information distributed by other
international organizationsnor duplicate s uch information
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.
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 ►
M9and for the
development of veterinary education or training ◄.
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,1990D0424 — EN — 28.07.2001 — 012.001 — 9
▼B
▼M9
▼B
▼B
— 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 December1990, under a Council Decision introducing a Community financial
measure for the eradication of infectious salmonid hematopoeitic
necrosis in the Community.
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►
M2or by the Commission in accordance with the procedure laid
down in Article 41 with regard to the eradication of certain diseases
specific to the French overseas departments ◄.
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 paragraph
1. 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. Each year, not later than 1 June and for the first time not later
than 1 August 1994 Member States shall submit to the Commissionthe programmes which they wish to see receive a financial contributionform the Community.
On that occasion, the Member States:
(i) shall supply all the appropriate financial information;
(ii) shall indicate the estimated cost of each programme submitted;
(iii) shall indicate, in the case of a multiannual programme, the length
of that programme and the annual financial estimates.
No programme submitted after 1 June or for the first time after 1
August 1994 may be considered for financing the following year.1990D0424 — EN — 28.07.2001 — 012.001 — 10
(1) OJ No L 116, 8. 5. 1990, p. 24.
(2) OJ No L 140, 1. 6. 1990, p. 123.▼M9
▼M9
Where a Member State submits a programme which is due to run for
several years (multiannual programme), it shall supply the aforemen-tioned information for the first year and for any subsequent years.
4. The Commission shall consider the programmes submitted from
both the veterinary and the financial angle. The Member Statess hallcommunicate to the Commission any additional information the latterrequires for its assessment of the programme. The period for consid-ering programmess hall end on 1 September each year.
The additional information shall be requested by the Commission no
later than 15 July each year.
5. Each year, before 15 October and in accordance with the proce-
dure laid down in Article 42, the list of programmesr qualifying for afinancial contribution from the Community for the following year shallbe drawn up and the proposed rate and amount of the contribution foreach programme shall be determined. This Decision shall also take
account of the prospects for financing the current programmes which
are to be covered asmultiannual programmes .
6. Each programme included in the list provided for in paragraph 5,
where appropriate amended to take account of the examination referredto in paragraphs4 and 5, s hall be approved individually in accordance
with the procedure laid down in Article 42 before 1 December. The
level of the financial contribution from the Community, any conditionsto which it may b subject and the upper limit of the contribution shallbe laid down, for each programme, in accordance with the same proce-dure.
7. All programmess hall be approved for a period of one year and
shall be implemented between 1 January and 31 December each year.
For each programme underway the Member States shall submit to theCommission, before 1 June, a preliminary technical and financialevaluation of the programme. Thisevaluation may be accompanied bya request for the continuation of the measure in accordance with para-graph 3. The Commission shall inform the Member States of the
situation with regard to the adoption of the decision provided for in
paragraph 5.
8. Payment applicationsrelating to expenditure incurred by a
Member State in respect of a given programme shall be submitted tothe Commission before 1 June of the year following that in which theprogramme ends. Where the time limit specified ins not observed, the
financial contribution of the Community shall be reduced by 25 % on 1
July, 50 % on 1 September, 75 % on 1 October and 100 % on 1November of that year.
9. The Commission shall rule on the aid before 15 October. By 1
November, it shall inform the Member States, meeting within theStanding Veterinary Committee, of the decision so that they can give
their assessment.
10. The Commission may make on-the-spot checks, with the coop-
eration of the competent national authorities, on the application ofprogrammesreceiving a financial contribution from the Comunity. Todo this, Commission departments may verify whether the competent
authoritiesare monitoring compliance with the application of the
programmes by checking a representative percentage of holdings.
The aforementioned checksmay be made at the time of other checksto
be made by the Commission experts, in accordance with veterinarylegislation.
The Commission shall inform the Member States of the result of the
checksmade.
11. Detailed rule for the application of thisArticle, and in particular
paragaph 8 thereof, shall be adopted in accordance with the procedurelaid down in Article 41.
12. Programmes already approved by the Commission or which will
by approved for the period from 1 July 1994 to 31 December 1994shall continue to be governed by the provisions of Article 24 applicable1990D0424 — EN — 28.07.2001 — 012.001 — 11
▼M9
before the amendment resulting from Council Decision 94/370/EC of
21 June 1994 amending Decision 90/424/EEC on expenditure in theveterinary field (
1). However, the abovementioned programmess hall
end not later than 31 December 1994.
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 tothe procedure provided for in Article 41, at 50 % of the costs incurredin 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.
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.
3. However, for programmesto be financed which will be approved
in 1994, the financial contribution from the Community may be lessthan 50 %.
4. The Council, acting by a qualified majority on a proposal from
the Commission, shall review this Article before 31 December 1995 atthe latest, in the light of experience gained and of the objectives ofcompleting the internal market.
Article 26
For the measures provided for under this Title, the amount of the
appropriationsrequired s hall be fixed each year under the budgetprocedure.
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.1990D0424 — EN — 28.07.2001 — 012.001 — 12
(1) OJ No L 168, 2. 7. 1994, p. 31.▼B
▼M9
▼B
▼B
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 dutiesand 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 bedetermined 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 theCommission in accordance with the procedure laid down in Article
41, seek a financial contribution from the Community towards their
control plan.
Article 32
For the purposes of this chapter, Article 24 (3) to (11) 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 notablythrough 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 41.1990D0424 — EN — 28.07.2001 — 012.001 — 13
▼M9
▼B
▼B
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 Council
Directive 89/662/EEC of 11 December 1989 on the veterinary checks
applicable in intra-Community trade with a view to the completion ofthe 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 for
personnel in the Member States, in particular, personnel responsiblefor the checksreferred to in Article 35.
Such refresher courses or meetings may, according to availability, be
open, at the request of the competent authorities and after the Commis-
sion has agreed, to personal from third countries which have concludedcooperation agreementswith the Union in the field of veterinaryinspections and to veterinary science graduates to extend their trainingin the area of Community rules.
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 procedurelaid down in Article 41.
Article 37
1. The introduction of systems for identifying animals and notifying
diseases under legislation concerning veterinary checks in intra-
Community trade in live animals, with a view to the completion ofthe 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 37a
1. Community financial assistance may be granted for computeriza-
tion of veterinary import procedures as specified in Decision 92/438/EEC (
2).
2. Organizational arrangementsfor financing under paragraph 1 and
the level of the Community'scontribution s hall be determined in accor-dance with the procedure laid down in Article 41.
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 completion
of the internal market for live animalsand productsof animal origin, it
may, 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.1990D0424 — EN — 28.07.2001 — 012.001 — 14
(1) OJ No L 395, 30. 12. 1989, p. 13.
(2) OJ No L 243, 25. 8. 1992, p. 27.▼M9
▼B
▼M4
▼B
▼M9
3. For the purposes of this Article, the provisions of Article 24 (3) to
(11) 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 40a
Expenditure subject to funding under the terms of this Decision shall
be managed directly by the Commission in accordance with the second
paragraph of Article 98 of the Financial Regulation of 21 December1977 (
1).
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 (
2), hereinafter
referred to as‘the Committee’, either on hisown initiative or at the
request 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 to
the measures to be taken. The Council shall act by a qualified
majority.
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 (
3), hereinafter
referred to as‘the Committee’, either on hisown initiative or at therequest of a Member State.1990D0424 — EN — 28.07.2001 — 012.001 — 15
(1) OJ L 356, 31.12.1977, p. 1. Regulation aslas t amended by Regulation (EC,
Euratom) No 1150/2000 (OJ L 130, 31.5.2000, p. 1).
(2) OJ No L 255, 18. 10. 1968, p. 23.
(3) OJ No L 255, 18. 10. 1968, p. 23.▼B
▼M10
▼M11
▼B
▼C1
▼B
▼C1
▼B
2. The representative of the Commission shall submit to the
Committee a draft of the measures to be taken. The Committee shalldeliver its opinion on the draft within two days. The opinion shall be
delivered by the majority laid down in Article 148 (2) of the Treaty in
the case of decisions which the Council is required to adopt on aproposal from the Commission. The votes of the representatives of theMember Stateswithin the Committee s hall be weighted in the mannerset 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 to
the measures to be taken. The Council shall act by a qualified
majority.
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 ofanimal health (
1), 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 43a
The Commission shall submit a report every three years to the Council
and to the European Parliament on the conditionsof application of this
Decision.
Article 44
This Decision is addressed to the Member States.1990D0424 — EN — 28.07.2001 — 012.001 — 16
(1) OJ No L 26, 31. 1. 1977, p. 78.▼M9
▼B
▼B
ANNEX
DISEASELIST
Group1
Endemic diseases, subject to mandatory or voluntary control and/or eradication
measures on a herdor 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
— Contagiousbovine pleuropneumonia— African swine fever
— Heartwater transmitted by vector insects in the French overseas departments
— Babesiosis transmitted by vector insects in the French overseas departments— Anaplasmosis transmitted by vector insects in the French overseas depart-
ments
— Swine vesicular disease
— Endemic classical swine fever— Infectioushematopoietic necros is(IHN)
— Infectiouss almon anaemia (ISA) (
1)
— Bluetongue in endemic or high risk areas (2)
Group2
Zoonoses or epizootics not coveredelsewhere
— Rabies
— Echinococcosis— Bovine spongiform encephalopathy (BSE) or any other slow developing
disease.1990D0424 — EN — 28.07.2001 — 012.001 — 17
(1) Disease control actions for ISA are eligible for a Community financial contribution
under Article 15(3)(g) of Regulation (EC) No 2792/1999 (OJ L 337, 30.12.1999, p.10) solely. For such actions the provisions of Title III of Regulation (EC) No 1260/1999 of 21 June 1999 laying down general provisions on the Structural Funds (OJ L
161, 26.6.1999, p. 1) are applicable by derogation to those provided for under Article
24, paragraphs 5, 6, second sentence, 8 and 9 of this Decision.
(
2) Action to combat Bluetongue isals o eligible for a Community financial contribution
under Article 24(1) for the loss suffered due to the deaths of animals as a result ofthis disease, to be decided upon in accordance with the procedure laid down in Article
41.▼M1
▼M3
▼M8
▼M9
▼M12
▼B