1980D1096 — EN — 05.06.2003 — 008.001

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Amended by:

Amended by:

A1 Act of Accession of Austria, Sweden and Finland C 241 21 29.8.1994 (adapted by Council Decision 95/1/EC, Euratom, ECSC) L 001 1 ..

NB: This consolidated version contains references to the European unit of accout 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) and Coundil Regulation (EC) No 1103/97 (OJ L 162, 19.6.1997, p. 1).

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COUNCIL DECISION

of 11 November 1980

introducing Community financial measures for the eradication of classical swine fever

(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 profitability of stock farming; Whereas such action should help to remove those remaining barriers to trade between Member States in fresh meat or live animals which are caused by differences in animal health situations; Whereas action to this end has already 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 set out in Article 39 (1) (a) of the Treaty, they constitute common measures 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 of these measures are contributing towards the attainment of the objectives 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 once embarked 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 the financial means required for the implementation of the common measures and the duration of such measures, HAS ADOPTED THIS DECISION:

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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 ( 6 ), and

— Council Directive 80/1095/EEC of 11 November 1980 laying down conditions designed to render and keep the territory of the Community free from classical swine fever ( 7 ).

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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. ►M7 However, 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 30 million ECU for the period covered by the initial measures and 12 million ECU for Spain and Portugal and 35 million ECU for the period covered by the supplementary measures.

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Article 3

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1. Expenditure by Member States on action taken in implementation of the plan referred to in Article 5 shall be subsidized by the Community within the limits indicated in Article 2.

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2. ►M2 The 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 as being officially free in accordance with the procedure 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 due to 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 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 holdings or regions which are officially swine fever-free.

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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 the 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 emergency vaccination: — in a Member State recognized as being officially free from classical swine fever in accordance with Article 7 (1) of Directive 80/1095/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 vaccination performed during a one-year period after the beginning of vaccination operations in the part of the territory concerned;

(d) up to 0,125 ECU per dose of vaccine used in the event of vaccination performed in certain specified regions pursuant to the new plan referred to in Article 5 (1) (a), it being understood that such reimbursement will be limited to the first two years of application of the plan;

(e) up to 1 ECU per sample examined in a laboratory in connection with screening tests for classical swine fever carried out with a view to determining holdings or regions which 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 in which vaccination against swine fever is performed, or tests carried out in order to diagnose the disease.

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3. ►M6 paragraphs 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 the meaning of Directive 80/1095/EEC.

4. Detailed rules for applying this Article shall be adopted in accordance 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 decision in accordance with Article 5 (3) has been given in respect of the provisions relating thereto.

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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).

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Article 4

1. Applications for payment shall relate to expenditure incurred by Member States in the course of a calendar year and shall be submitted to the Commission before 1 July of the following year.

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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.

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3. Detailed rules for applying this Article shall be adopted in accordance 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 implementation 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 period for 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 is found to be running into considerable difficulties as far as some Member States are concerned;

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(c) shall be 31 December 1986 in the case of Spain and Portugal.

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1 (a) Under the supplementary measures, Member States shall forward to the Commission the new plan provided for in Article 3a of Directive 80/1095/EEC before the date of implementation of the plan and not later than three months before the expiry of their initial plans. However, that time limit shall not be applied to a Member State which has 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 Article 2 (1).

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2. Member States shall inform the Commission as soon as possible of the measures taken ►M6 under 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 ►M6 paragraphs 1, 1a and 2 ◄ to determine whether, in terms of their conformity with the rules referred to in Article 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 Commission shall submit a draft decision to the Standing Veterinary Committee. The Committee shall deliver its opinion in accordance with the procedure laid down in Article 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 request with all the information and documentation needed for assessing the execution 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 of the veterinary experts and the procedure which the latter must follow when drawing up their report, shall be laid down in accordance with the procedure set out in Article 6.

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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.

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Article 6

1. The Commission shall be assisted by the Standing Committee on the Food Chain and Animal Health set up pursuant to Article 58 of Regulation (EC) No 178/2002 ( 8 ).

2. Where reference is made to this Article, Articles 5 and 7 of Decision 1999/468/EC ( 9 ) shall apply.

The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at three months.

3. The Committee shall adopt its Rules of Procedure.

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Article 9

This Decision is addressed to the Member States.

( 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 47, 21. 2. 1980, p. 11.

( 7 ) OJ No L 325, 1. 12. 1980, p. 1.

( 8 ) OJ L 31, 1.2.2002, p. 1.

( 9 ) OJ L 184, 17.7.1999, p. 23.