1980D1096 — EN — 01.01.1995 — 007.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►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
►M7Council Decision 91/686/EEC of 11 December 1991 L 377 15 31.12.1991
Amended by:
►A1Act of Accession of Austria, Sweden and Finland C241 21 29.8.1994
(adapted by Council Decision 95/1/EC, Euratom, ECSC) L 1 1 1.1.1995
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
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 icharecaused 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 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 means required for the implementation of the commonmeasures and the duration of such measures,1980D1096 — EN — 01.01.1995 — 007.001 — 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
conditions designed 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.
►M7However, participation by the Community shall be limited to
measures carried out before 1 July 1992. ◄
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 States on action taken in implementation
of the plan referred to in Article 5 shall be subsidized by the Commu-
nity within the limits indicated 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 orregion recognized as being officially free in accordance withth eprocedure laid down in Article 7 (2) of Directive 80/1095/EEC, or
in a Member State or region where vaccination has been prohibited
for 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 in
pursuance of an eradication plan approved in accordance with
Article 7 of Directive 80/1095/EEC, it being understood that thisrepayment 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 witha
view to determining holdings or regions which are officially swinefever-free.1980D1096 — EN — 01.01.1995 — 007.001 — 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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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 theterritory of the Member States where an outbreak of the diseasehas been recorded;
(b) up to 50 % of the cost incurred in respect of compensation to
owners for the slaughter and destruction of pigs in connectionwithsystematic serological screening campaigns carried out witha
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 as being officially free from clas-
sical swine fever in accordance withArticle 7 (1) of Directive
80/1095/EEC,
— in a region recognized as being officially free from classical
swine fever in accordance withArticle 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 ofvaccination operations in 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 plan
referred 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
withscreening tests for classical swine fever carried out withaview to determining holdings or regions which are officiallyswine-fever free, or tests carried out witha view to ascertainingthe persistence of the swine-fever virus in holdings or regions in
which vaccination against swine fever is performed, or tests carried
out 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 aMember State which is officially free from this disease within themeaning 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.
Without prejudice to Article 12 (2) of Directive 80/1095/EEC, the
financial contribution from the Community shall continue to apply in
respect of the measures adopted by the Member States to extend by
one year the plans approved in accordance with Article 5 (3).
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.1980D1096 — EN — 01.01.1995 — 007.001 — 4
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2. Article 7 (1) of Regulation (EEC) No 729/70 shall apply to
Commission decisions on Community financing of this measure.
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 bythe date laid down is found to be running into considerable difficul-ties as far as some Member States are 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 planand not later than three months before 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 result
of an outbreak of the disease and the latter's persistence, lost that status
during 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 ►M6paragraphs 1, 1a and 2 ◄to determine
whether, in terms of their conformity with the rules referred to inArticle 1 and in the light of the objectives of those rules, the conditions
for 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 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 referredto 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 6.1980D1096 — EN — 01.01.1995 — 007.001 — 5
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Article 5a
Regulation (EEC) No 129/78 and Articles 8 and 9 of Regulation (EEC)
No 729/70 shall apply mutatis mutandis .
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 his
own initiative or at the request of a Member State, to the StandingVeterinary Committee (hereinafter called ‘the Committee’) set up byDecision 68/361/EEC (
1).
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 a time limit which the Chairman
may lay down according to the urgency of the matter. The opinionshall 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 of
the Member States within the Committee shall be weighted in the
manner set out in that Article. The Chairman shall not vote.
►
A13.◄The Commission shall adopt the measures and shall
apply them immediately where they are in accordance with the opinionof the Committee. Where they are not in accordance with the opinionof the Committee, or if no opinion is delivered, the Commission shall
immediately 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 wherethe Council has decided against the measures by a simple majority.
Article 9
This Decision is addressed to the Member States.1980D1096 — EN — 01.01.1995 — 007.001 — 6
(1) OJ No L 255, 18. 10. 1968, p. 23.▼B
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