1990D0495 — EN — 05.06.2003 — 001.001

This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents

Amended by:

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 24 September 1990

introducing a Community financial measure with a view to the eradication of infectious haemopoietic necrosis of salmonids in the Community

(90/495/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 Council Decision 90/424/EEC of 26 June 1990 on expenditure in the veterinary field ( 1 ), and in particular Article 23 (4) thereof, Having regard to the proposal from the Commission ( 2 ), Having regard to the opinion of the European Parliament ( 3 ), Having regard to the opinion of the Economic and Social Committee ( 4 ), Whereas infectious haemopoietic necrosis (IHN) of salmonids is a highly contagious viral disease which may cause very important losses to farms; Whereas it is necessary, in the first instance, to lay down appropriate surveillance measures in order to obtain the information necessary to implement possible measures for the elimination of the disease; Whereas it is appropriate that Member States present an eradication plan; Whereas the Community financial aid will consist of a partial reimbursement of the expenditure incurred by the Member States for sampling operations and the necessary laboratory examinations; Whereas the measures must be adopted following a procedure in which the Member States and the Commission act in close association, HAS ADOPTED THIS DECISION:

Article 1

Three months after the adoption of this Decision, Member States must submit a plan for assessing, by means of an epidemiological survey carried out in their territory, the rate of infection in the Community of infectious haemopoietic necrosis (IHN) and viral haemorrhagic septicaemia (VHS).

Article 2

For the purposes of this Decision:

1. ‘farm’ shall mean any establishment or, in general, any geographically defined installation in which salmonids are reared or kept with a view to their being placed on the market;

2. ‘approved laboratory’ shall mean a laboratory located in the territory of a Member State, designated by the competent authority, under its responsibility, to carry out the examinations provided for in this Decision.

Article 3

The plan referred to in Article 1 shall provide for:

1. the central authorities which are to implement and coordinate the plan;

2. the registration of farms engaged in salmonid rearing;

3. the monitoring of movements of salmonids;

4. sampling for virus and/or serological detection on the farms engaged in salmonid rearing; the number of samples to be taken must depend on the animal health situation;

5. the transfer of samples to an approved laboratory for submission there to a virological and/or serological examination for the detection of IHN and, where relevant, VHS viruses;

6. the estimated unit costs for sampling and laboratory examination, as well as estimated total costs for carrying out the operations.

Article 4

The Commission shall examine the plans drawn up by the Member States in order to ascertain whether they meet the conditions for their approval or whether they should be amended in any way.

The plans, including any amendments to them, shall be approved in accordance with the procedure provided for in Article 10.

Article 5

The measure provided for in this Decision shall qualify for financial aid from the Community.

Article 6

1. Community financial assistance shall be granted for a period of one year from the date fixed by the Commission in its decisions approving the plans referred to in Article 1.

2. The estimated assistance to be charged to the Community budget under the Chapter covering expenditure relating to agriculture shall be ECU 2 million for the duration of the period provided for in paragraph 1.

Article 7

1. On condition that all the measures laid down are applied and are in compliance with the plan approved pursuant to Article 4, the expenditure incurred by the Member States pursuant to points 4 and 5 of Article 3 shall qualify for Community financial aid within the limits laid down in Article 6.

2. The Community shall refund 50 % of the expenditure referred to in paragraph 1.

3. Detailed rules for the application of this Article shall be adopted, as required, in accordance with the procedure laid down in Article 10.

Article 8

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

2. The Commission shall decide on aid after consulting the Committee referred to in Article 10.

3. Detailed rules for the application of this Article shall be adopted, as required, in accordance with the procedure laid down in Article 10.

Article 9

Articles 8 and 9 of Regulation (EEC) No 729/70 ( 5 ), as last amended by Regulation (EEC) No 2048/88 ( 6 ), shall apply mutatis mutandis.

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Article 10

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 ( 7 ).

2. Where reference is made to this Article, Articles 5 and 7 of Decision 1999/468/EC ( 8 ) 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 11

Experts from the Commission may, working together with the competent authorities, carry out on-the-spot checks to ensure that the plans referred to in Article 1 are being applied.

The Commission shall inform the Member States within the committee referred to in Article 10 of the results of the plans in the light of the information provided by the Member States, who shall submit a report to the Commission together with the applications for payment and any reports from experts who, acting on behalf of the Community and appointed by the Commission, have made on-the-spot visits.

Article 12

On the basis of the results of the surveys referred to in Article 1, the Commission shall submit a report, together with any suitable proposals or decisions within the framework of Article 5 (2) of Decision 90/424/EEC.

Article 13

This Decision is addressed to the Member States.

( 1 ) OJ No L 224, 18. 8. 1990, p. 19.

( 2 ) OJ No C 327, 30. 12. 1989, p. 59.

( 3 ) OJ No C 113, 7. 5. 1990, p. 219.

( 4 ) OJ No C 124, 21. 5. 1990, p. 3.

( 5 ) OJ No L 94, 28. 4. 1970, p. 13.

( 6 ) OJ No L 185, 15. 7. 1988, p. 1.

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

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