1982L0400 — EN — 09.06.1983 — 001.001 — 1
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►B COUNCILDIRECTIVE
of14June1982
amending Directive 77/391/EEC and introducing a supplementary Community measure for the
eradicationofbrucellosis,tuberculosisandleucosisincattle
(82/400/EEC)
(OJ L 173, 19.6.1982, p. 18)
Amended by:
Official Journal
No page date
►M1Council Directive 83/253/EEC of 25 May 1983 L 143 36 2.6.1983
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COUNCILDIRECTIVE
of14June1982
amending Directive 77/391/EEC and introducing a supplementary
Communitymeasurefortheeradicationofbrucellosis,tuberculosis
andleucosisincattle
(82/400/EEC)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic
Community, and in particular Articles43 and 100 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),
WhereasCouncil Directive 77/391/EEC of 17 May 1977 introducing
Community measures for the eradication of brucellosis, tuberculosisand leucosis in cattle(
4), aslas t amended by Directive 81/476/EEC(5),
restricted the duration of the measures to three years;
Whereas, in view of the results obtained and of the satisfactory
progress of the programmes presented by the Member States, a supple-mentary two-year measure should be arranged and its financing
provided for, in order to achieve the objectivess et;
WhereasArticle 29 (3) of Council Directive 78/52/EEC of 13
December 1977 establishing the Community criteria for national plans
for the accelerated eradication of brucellosis, tuberculosis and enzooticleucosis in cattle(
6) provided that the three-year period originally
agreed should begin on the date fixed by the Commission in its deci-sion approving the national eradication plans; whereas, accordingly, the
original plans of the Member States, except those for Italy and Greece,
expire, for each Member State, on differing datesin 1981; whereas , inorder to leave time for technical and financial adaptation in connectionwith the new measure, the duration of the original plans coming tocompletion in 1981 should be extended to 31 December 1981 inclu-sive;
Whereas, in order to enable any alterations to the original plans neces-
sitated by the epizootiological development of the diseases concerned
to be made with a view to successful completion of the measures
undertaken, the Member States must prepare new plans; whereas theduration of execution of the new plans must be calculated so that ineach case the entire scheme, that is the original plan and the newplan, coversa total period of five years ,
HAS ADOPTED THIS DIRECTIVE:
Article 1
The following paragraph ishereby added to Article 6 of Directive 77/
391/EEC:
‘3. However, for the Member Stateswhos e three-year plans
expire in the course of 1981, the three-year period shall beextended to 31 December 1981.’1982L0400 — EN — 09.06.1983 — 001.001 — 2
(1) OJ No C 289, 11. 11. 1981, p. 4.
(2) OJ No C 40, 15. 2. 1982, p. 26.
(3) OJ No C 112, 3. 5. 1982, p. 8.
(4) OJ No L 145, 13. 6. 1977, p. 44.
(5) OJ No L 186, 8. 7. 1981, p. 20.
(6) OJ No L 15, 19. 1. 1978, p. 34.
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Article 2
1. A Community measure is hereby established with a view to
completing the eradication of brucellosis, tuberculosis and leucosis in
cattle.
2. The duration of the supplementary measure shall be fixed so that
the total duration of the measure introduced by Directive 77/391/EECtogether with the supplementary measure shall be five years.
3. The Community shall make a financial contribution to the imple-
mentation of the supplementary measure.
Article 3
1. Member Statess hall prepare new accelerated eradication plansin
accordance with Articles2, 3 and 4 of Directive 77/391/EEC and with
the criteria established by Directive 78/52/EEC so as to ensure conti-nuity with the measures put in hand under their original plans, takingaccount of results achieved and of any necessary adjustments.
2. The new plans shall be communicated to the Commission at the
latest two months after notification of this Directive in the case of
Belgium, Denmark, Germany, France, Ireland and the United Kingdom,and before 1 January 1983 in the case of Italy and Greece.
Article 4
1. The Commission shall examine the new plans communicated to it
in accordance with Article 3 (2) for the purpose of determining
whether, on the basis of the conformity of those plans with Directive77/391/EEC, Directive 78/52/EEC and thisDirective, and having dueregard to the objectives of those Directives, the conditions for financialparticipation by the Community are met.
2. Within two months of receipt of the plans, the Commission shall
submit a draft Decision to the Standing Veterinary Committee (herein-after called ‘the Committee’). The Committee shall deliver its opinionin accordance with the procedure set out in Article 8.
3. On the dates fixed by the Commission in its Decision of approval,
Member States shall bring into force the laws, regulations or adminis-trative provisions required to implement the new acceleratederadication plansreferred to in Article 3 and approved in accordancewith paragraph 2.
Article 5
1. Expenditure incurred by the Member Statesin connection with
measures adopted pursuant to the plans referred to in Article 3 shallqualify for Community aid within the limitsindicated in paragraph 3and in Article 2.
2. The Community shall pay the Member States 72·5 ECU for each
cow slaughtered and 36·25 ECU for each other bovine animal slaugh-tered pursuant to the measures referred to in Chapter I of Directive 77/391/EEC.
3. The aid chargeable to the Community budget under the Chapter
on expenditure in the agricultural sector is estimated at 35 million
ECU for the duration of the measures referred to in paragraph 1.
4. The measures adopted by the Member States shall qualify for
financial assistance from the Community only if the provisionsconcerning them have been approved asprovided in Article 4.1982L0400 — EN — 09.06.1983 — 001.001 — 3
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Article 6
1. The provisions of Article 7 (1) of Council Regulation (EEC)
No 729/70 of 21 April 1970 relating to the financing of the common
agricultural policy(1) shall apply to Commission Decisions concerning
the Community financing of the present measure.
2. Applications for payment shall relate to slaughterings carried out
by Member States in the course of the year and shall be submittedbefore 1 July of the following year.
3. Detailed rulesfor the implementation of thisArticle s hall be
adopted in accordance with the procedure set out in Article 13 ofRegulation (EEC) No 729/70.
Article 7
1. Veterinary control of the application of the planss hall be carried
out in accordance with Article 10 of Directive 77/391/EEC.
2. When all the eradication planshave been executed, the Commis -
sion shall submit a general report to the Council on the resultsobtained, with a proposal for further harmonization of national preven-tive measures, should this be necessary.
Article 7a
Regulation (EEC) No 129/78 and Articles8 and 9 of Regulation (EEC)
No 729/70 shall apply mutatis mutandis .
Article 8
1. Where reference ismade to the procedure defined in thisArticle,
the Committee shall be consulted without delay by its chairman, either
on hisown initiative or at the reques t of a Member State.
2. Within the Committee, the votesof the Member Statess hall be
weighted asprovided for in Article 148 (2) of the Treaty. The chairmanshall not vote.
3. The representative of the Commission shall submit a draft of the
measures to be adopted. The Committee shall deliver its opinion on thedraft within a time limit set by the chairman according to the urgency
of the matter. An opinion shall be delivered by a majority of 45 votes.
4. The Commission shall adopt the measures and shall apply them
immediately, where they are in accordance with the opinion of theCommittee. Where they are not in accordance with the opinion of theCommittee, or if no opinion is delivered, the Commission shall withoutdelay submit a proposal to the Council on the measures to be adopted.
The Council shall adopt the measures by a qualified majority.
If the Council hasnot adopted any meas ureswithin three monthsof the
date on which the proposal was referred to it, the Commission shalladopt the proposed measures and apply them immediately, save wherethe Council has decided against these measures by a simple majority.
Article 9
This Directive is addressed to the Member States.1982L0400 — EN — 09.06.1983 — 001.001 — 4
(1) OJ No L 94, 28. 4. 1970, p. 13.▼M1
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