1980D1096 — EN — 08.07.1981 — 001.001 — 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
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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),
Whereas one of the tasks of the Community in the veterinary field is to
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 States in freshmeat or live animals wh ichare
caused by differences in animal health situations;
Whereas action to this end has already been taken by the Community
withregard 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), as last amended by Regulation (EEC) No 929/
79(5);
Whereas, in as much as the Community contributes to the financing of
the common measures, it must be in a position to ascertain that the
provisions 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 aprocedure 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 should
be made whereby the estimates on which these measures are based can
be reviewed in the light of developments, this review to cover both thefinancial means required for the implementation of the commonmeasures and the duration of such measures,
HAS ADOPTED THIS DECISION:
Article 1
The measures provided for by:
— Council Directive 80/217/EEC of 22 January 1980 introducing
Community measures for the control of classical swine fever(6),
and1980D1096 — EN — 08.07.1981 — 001.001 — 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.
(6) OJ No L 247, 21. 2. 1980, p. 11.
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— Council Directive 80/1095/EEC of 11 November 1980 laying down
conditions designed to render and keep the territory of the Commu-nity free from classical swine fever(
1),
in so far as they are intended to achieve the objectives set out in
Article 39 (1) (a) of the Treaty, shall constitute common measureswithin the meaning of Article 6 (1) of Regulation (EEC) No 729/70.
Article 2
1. The period for carrying out the common measures shall be five
years.
2. The contribution of the European Agricultural Guidance and
Guarantee Fund, hereinafter called ‘the Fund’, is fixed at 35 millionEuropean units of account.
Article 3
1. Expenditure by Member States in respect of action taken under
the common measures shall be eligible for assistance from theGuidance Section of the Fund within the limits stated in Article 2.
2. The Guidance Section of the Fund shall reimburse the Member
States under the eradication plan referred to in Article 5:
(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 as being officially free in accordance withth eprocedure laid down in Article 7 (2) of Directive 80/1095/EEC, orin a Member State or region where vaccination has been 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 with
Article 7 of Directive 80/1095/EEC, it being understood that this
repayment would be limited to the first two years of applicationof the plan;
(d) up to one European unit of account per sample examined in a
laboratory in connection withdetection tests carried out withaview to determining holdings or regions which are officially swinefever-free.
3. Paragraph2 sh all also apply in respect of measures taken imme-
diately following an outbreak of swine fever in a Member State which
is officially free from this disease within the meaning of Directive 80/1095/EEC.
4. Detailed rules for applying this Article shall be adopted in accor-
dance withth e 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 theprovisions relating thereto.
Article 4
1. Applications for payment shall 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. Decisions on the granting of aid from the Fund shall be made in
accordance withArticle 7 (1) of Regulation (EEC) No 729/70.1980D1096 — EN — 08.07.1981 — 001.001 — 3
(1) See page 1 of this Official Journal.
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3. Detailed rules for applying this Article shall be adopted in accor-
dance withth e 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, this deadline:
(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 withth e
procedure laid down in Article 6, if implementation of the plan by
the date laid down is found to be running into considerable difficul-ties as far as some Member States are concerned.
2. Member States shall inform the Commission as soon as possible
of the measures taken under Article 3 (2) or (3) should there be an
outbreak of classical swine fever.
3. The Commission shall examine the plans or measures forwarded
in accordance with paragraphs 1 and 2 to determine whether, in termsof their conformity with the rules referred to in Article 1 and in the
light of the objectives of those rules, the conditions for financial contri-
bution by the Community have been met. Within two months followingreceipt of the plans or measures, the Commission shall submit a draftdecision to the Standing Veterinary Committee. The Committee shalldeliver its opinion in accordance withth e procedure laid down inArticle 6. The Fund Committee shall be consulted on the financial
aspects.
4. The Commission shall make regular on-the-spot checks to verify
from a veterinary viewpoint whether the plans are 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
regards the frequency and method of carrying out the checks referred
to in the first subparagraph, the rules governing the appointment ofthe veterinary experts and the procedure which the latter must followwhen drawing up their report, shall be laid down in accordance withthe procedure set out in Article 6.
Article 6
1. Where the procedure laid down in this Article is to be followed,
matters shall be referred without delay by its chairman, either on hisown initiative or at the request of a Member State, to the StandingVeterinary Committee (hereinafter called ‘the Committee’) set up by
Decision 68/361/EEC(
1).
2. Within the Committee the votes of the Member States shall be
weighted as provided 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 onthese measures within a time limit which the chairman may set on thebasis of the urgency of the questions under examination. Opinions shallbe adopted by a majority of ►
M145◄votes.1980D1096 — EN — 08.07.1981 — 001.001 — 4
(1) OJ No L 255, 18. 10. 1968, p. 23.
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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 has not adopted any measures within three months of the
date on which the proposal was referred to it, the Commission shalladopt the proposed measures and apply them immediately, save where
the Council has decided against the measures by a simple majority.
Article 8
Before 1 July 1983, the Commission shall submit to the Council a
report on the implementation of this Decision.
The Council shall decide on these proposals before 31 December 1983.
Article 9
This Decision is addressed to the Member States.1980D1096 — EN — 08.07.1981 — 001.001 — 5
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