1980D1096 — EN — 30.09.1987 — 005.001 — 1
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►B COUNCILDECISION
of11November1980
introducingCommunityfinancialmeasuresfortheeradicationofclassical swinefever
(80/1096/EEC)
(OJ L 325, 1.12.1980, p. 5)
Amended by:
Official Journal
No page date
►M1Council Decision 81/477/EEC of 24 June 1981 L 186 22 8.7.1981
►M2Council Decision 83/254/EEC of 25 May 1983 L 143 37 2.6.1983
►M3Council Decision 85/575/EEC of 19 December 1985 L 372 28 31.12.1985
►M4Council Regulation (EEC) No 3768/85 of 20 December 1985 L 362 8 31.12.1985
►M5Council Decision 87/230/EEC of 7 April 1987 L 99 16 11.4.1987
►M6Council Decision 87/488/EEC of 22 September 1987 L 280 26 3.10.1987
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COUNCILDECISION
of11November1980
introducing Community financial measures for the eradication of
classical swinefever
(80/1096/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),
Whereasone of the tas ksof the Community in the veterinary field isto
improve the state of health of livestock and thus to increase the profit-ability of stock farming;
Whereas such action should help to remove those remaining barriers to
trade between Member Statesin fres h meat or live animalswhich arecaused by differences in animal health situations;
Whereasaction to thisend hasalready been taken by the Community
with regard to certain bovine diseases;
Whereas other similar initiatives have been taken as regards swine;
whereas, in so far as they are intended to achieve the objectives setout in Article 39 (1) (a) of the Treaty, they constitute commonmeasures within the meaning of Article 6 (1) of Council Regulation(EEC) No 729/70 of 21 April 1970 on the financing of the common
agricultural policy (
4), aslas t amended by Regulation (EEC) No 929/
79 (5);
Whereas , in asmuch asthe Community contributesto the financing of
the common measures, it must be in a position to ascertain that theprovisions adopted by the Member States for the implementation ofthese measures are contributing towards the attainment of the objec-tives intended; whereas, to this end, provision should be made for a
procedure establishing close cooperation between the Member States
and the Commission;
Whereas, in order to ensure that the common measures are completely
successful, national eradication plans should be so devised that onceembarked upon they can be fully carried out; whereas provision shouldbe made whereby the estimates on which these measures are based can
be reviewed in the light of developments, this review to cover both the
financial meansrequired for the implementation of the commonmeasures and the duration of such measures,1980D1096 — EN — 30.09.1987 — 005.001 — 2
(1) OJ No C 132, 3. 6. 1980, p. 8.
(2) OJ No C 175, 14. 7. 1980, p. 79.
(3) OJ No C 300, 18. 11. 1980, p. 17.
(4) OJ No L 94, 28. 4. 1970, p. 13.
(5) OJ No L 117, 12. 5. 1979, p. 4.
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HAS ADOPTED THIS DECISION:
Article 1
Community financial aid shall be given for the measures provided for
by:
— Council Directive 80/217/EEC of 22 January 1980 introducing
Community measures for the control of classical swine fever (1),
and
— Council Directive 80/1095/EEC of 11 November 1980 laying down
conditionsdes igned to render and keep the territory of the Commu-nity free from classical swine fever (
2).
Article 2
1. The period during which the Community shall contribute to the
measures referred to in Article 1 shall be six years for the initial
measures and four years for the supplementary measures.
2. The estimated amount of aid to be charged to the chapter of the
Community budget covering expenditure in the agricultural sector is 30million ECU for the period covered by the initial measures and 12million ECU for Spain and Portugal and 35 million ECU for the period
covered by the supplementary measures.
Article 3
1. Expenditure by Member Stateson action taken in implementation
of the plan referred to in Article 5 shall be subsidized by the Commu-
nity within the limitsindicated in Article 2.
2.►
M2The Community ◄shall reimburse the Member States
under the eradication plan referred to in Article 5 ►M6(1)◄:
(a) up to 50 % of the cost incurred in respect of compensation to
owners for the slaughter and destruction of the animals;
(b) up to 0·125 European unit of account per dose of vaccine used in
the event of emergency vaccination either in a Member State or
region recognized asbeing officially free in accordance with the
procedure laid down in Article 7 (2) of Directive 80/1095/EEC, orin a Member State or region where vaccination hasbeen prohibitedfor at least three months but provided that vaccinated pigs are dueto be slaughtered within three months following this vaccination;
(c) up to 0·125 European unit of account per dose of vaccine used in
the event of vaccination performed in certain specified regions inpursuance of an eradication plan approved in accordance withArticle 7 of Directive 80/1095/EEC, it being understood that this
repayment would be limited to the first two years of application
of the plan;
(d) up to one European unit of account per sample examined in a
laboratory in connection with detection tests carried out with a
view to determining holdingsor regionswhich are officially s winefever-free.
2a. The Community shall reimburse the Member States under the
supplementary measures referred to in Article 2 (1):
(a) up to 50 % of the cost incurred in respect of compensation to
owners for the slaughter and destruction of pigs in areas of the1980D1096 — EN — 30.09.1987 — 005.001 — 3
(1) OJ No L 47, 21. 2. 1980, p. 11.
(2) OJ No L 325, 1. 12. 1980, p. 1.▼M2
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territory of the Member States where an outbreak of the disease has
been recorded;
(b) up to 50 % of the cost incurred in respect of compensation to
owners for the slaughter and destruction of pigs in connection
with systematic serological screening campaigns carried out with a
view to implementing the new plan referred to in Article 5 (1) (a);
(c) up to 0,125 ECU per dose of vaccine used in the event of emer-
gency vaccination:
— in a Member State recognized asbeing officially free from clas -
sical swine fever in accordance with Article 7 (1) of Directive80/1095/EEC,
— in a region recognized as being officially free from classical
swine fever in accordance with Article 7 (2) of Directive 80/
1095/EEC,
— in a Member State where systematic vaccination has been
prohibited for at least three months,
— in any part of the territory of a Member State where systematic
vaccination has been prohibited for at least three months.
Reimbursement shall in all cases apply only in respect of vaccina-
tion performed during a one-year period after the beginning of
vaccination operationsin the part of the territory concerned;
(d) up to 0,125 ECU per dose of vaccine used in the event of vaccina-
tion performed in certain specified regions pursuant to the new planreferred to in Article 5 (1) (a), it being understood that such reim-bursement will be limited to the first two years of application ofthe plan;
(e) up to 1 ECU per sample examined in a laboratory in connection
with screening tests for classical swine fever carried out with aview to determining holdingsor regionswhich are officially
swine-fever free, or tests carried out with a view to ascertaining
the persistence of the swine-fever virus in holdings or regions inwhich vaccination against swine fever is performed, or tests carriedout in order to diagnose the disease.
3.►
M6paragraphs 2 and 3 shall also apply ◄in respect of
measures taken immediately following an outbreak of swine fever in a
Member State which is officially free from this disease within themeaning of Directive 80/1095/EEC.
4. Detailed rulesfor applying thisArticle s hall be adopted in accor-
dance with the procedure laid down in Article 13 of Regulation (EEC)
No 729/70.
5. Measures adopted by Member States shall not be eligible for
financial contribution from the Community unless a favourable deci-
sion in accordance with Article 5 (3) has been given in respect of the
provisions relating thereto.
Without prejudice to Article 12 (2) of Directive 80/1095/EEC, the
financial contribution from the Community shall continue to apply inrespect of the measures adopted by the Member States to extend byone year the plansapproved in accordance with Article 5 (3).
Article 4
1. Applicationsfor payment s hall relate to expenditure incurred by
Member States in the course of a calendar year and shall be submittedto the Commission before 1 July of the following year.
2. Article 7 (1) of Regulation (EEC) No 729/70 shall apply to
Commission decisions on Community financing of this measure.1980D1096 — EN — 30.09.1987 — 005.001 — 4
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3. Detailed rulesfor applying thisArticle s hall be adopted in accor-
dance with the procedure laid down in Article 13 of Regulation (EEC)No 729/70.
Article 5
1. Member States shall forward to the Commission the plan
provided for in Article 3 of Directive 80/1095/EEC before implementa-
tion of the plan and not later than 31 December 1981.
However, thisdeadline:
(a) shall not be applied to a Member State which has been officially
swine fever-free but which has lost that status during the periodfor carrying out the measures provided for in Article 2 (1),following the outbreak and persistence of the disease;
(b) may be extended until 31 December 1982, in accordance with the
procedure laid down in Article 6, if implementation of the plan by
the date laid down isfound to be running into cons iderable difficul-tiesasfar ass ome Member Statesare concerned;
(c) shall be 31 December 1986 in the case of Spain and Portugal.
1 (a) Under the supplementary measures, Member States shall
forward to the Commission the new plan provided for in Article 3a ofDirective 80/1095/EEC before the date of implementation of the plan
and not later than three monthsbefore the expiry of their initial plans .
However, that time limit shall not be applied to a Member State whichhas been officially free from classical swine fever but which, as a resultof an outbreak of the disease and the latter's persistence, lost that statusduring the period for carrying out the measures provided for in Article2 (1).
2. Member States shall inform the Commission as soon as possible
of the measures taken ►
M6under Article 3 (2), 2a or 3 ◄should
there be an outbreak of classical swine fever.
3. The Commission shall examine the plans or measures forwarded
in accordance with ►M6paragraphs1, 1a and 2 ◄to determine
whether, in termsof their conformity with the rulesreferred to inArticle 1 and in the light of the objectives of those rules, the conditionsfor financial contribution by the Community have been met. Within
two months following receipt of the plans or measures, the Commis-
sion shall submit a draft decision to the Standing VeterinaryCommittee. The Committee shall deliver its opinion in accordancewith the procedure laid down in Article 6. The Fund Committee shallbe consulted on the financial aspects.
4. The Commission shall make regular on-the-spot checks to verify
from a veterinary viewpoint whether the plansare being applied.
Member States shall take the necessary steps to facilitate these checks
and in particular to ensure that the experts are supplied at their requestwith all the information and documentation needed for assessing theexecution of the plans.
The general provisions for implementing this Article, especially as
regardsthe frequency and method of carrying out the checksreferredto in the first subparagraph, the rules governing the appointment ofthe veterinary expertsand the procedure which the latter mus t followwhen drawing up their report, shall be laid down in accordance with
the procedure set out in Article 6.
Article 5a
Regulation (EEC) No 129/78 and Articles8 and 9 of Regulation (EEC)
No 729/70 shall apply mutatis mutandis .1980D1096 — EN — 30.09.1987 — 005.001 — 5
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Article 6
1. Where the procedure laid down in thisArticle isto be followed,
matterss hall be referred without delay by itschairman, either on his
own initiative or at the request of a Member State, to the Standing
Veterinary Committee (hereinafter called ‘the Committee’) set up byDecision 68/361/EEC (
1).
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 Commission representative shall submit a draft of the
measures to be adopted. The Committee shall deliver its opinion on
these measures within a time limit which the chairman may set on the
basis of the urgency of the questions under examination. Opinions shallbe adopted by a majority of ►
M4fifty-four ◄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 the
Committee, or if no opinion is delivered, the Commission shall imme-
diately submit to the Council a proposal 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 the measures by a simple majority.
Article 9
This Decision is addressed to the Member States.1980D1096 — EN — 30.09.1987 — 005.001 — 6
(1) OJ No L 255, 18. 10. 1968, p. 23.▼M1
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