Keywords

Summary



Keywords

1. Agriculture — Approximation of laws on health policy — Financial contribution of the Community to veterinary measures taken by Member States — Emergency measures in the event of the occurrence of certain animal diseases — Commission ' s power to review — Scope — Financial adjustment where the measures adopted are inadequate — Where contested by the Member State concerned — Burden of proof — (Council Decision 90/424)

2. Agriculture — Approximation of laws on health policy — Financial contribution of the Community to veterinary measures taken by Member States — Emergency measures in the event of the occurrence of certain animal diseases — Adjustments to the Community financial contribution — Limits — Financial aid for the eradication of classical swine fever in the Netherlands — Linear adjustment — Principle of proportionality — Breach — None — (Council Decision 90/424; Commission Decisions 2000/362 and 2001/739)

Summary

1. In the context of the application of Decision 90/424 on expenditure in the veterinary field, the Member States have a certain latitude as regards the choice of the measures to be taken and the manner in which they are to be implemented and in that regard the Commission cannot substitute its own assessment for that of the Member State concerned. On the other hand, if the Commission, while respecting the latitude enjoyed by the Member State concerned, has established that that State has not taken sufficient steps to combat the disease and that a financial adjustment must be applied, it is for that Member State to prove that the Commission has made a manifest error of assessment.

see para. 20

2. Any adjustment to the Community financial contribution in the fight against classical swine fever by virtue of Decision 90/424 on expenditure in the veterinary field must not exceed the extra costs to which the inadequacies in the measures adopted by the Member State concerned gave rise to the detriment of the Community budget and for which that State must assume responsibility. On the other hand, since the Commission is under an obligation not to spend Community funds improperly, it must take care, when making such a financial adjustment, not to reduce the Community participation by too small an amount by comparison with the inadequacies established. Since the finding of inadequacies in a situation such as this is frequently based on factual evidence and extrapolations based on representative samples, it must therefore be recognised that the Commission has a considerable discretion when determining the amount of the financial adjustment. However, the exercise of that discretion is still subject to compliance with the principle of proportionality.

As regards, more particularly, Decision 2001/739 on the total amount of Community aid for the eradication of classical swine fever in the Netherlands in 1998, it cannot be argued that the Commission acted disproportionately when it applied a linear adjustment and thus reduced the Community financial contribution by 25% for 1998, like the rate established by Decision 2000/362 on the total amount of Community aid for the eradication of classical swine fever in the Netherlands in 1997, even if it is true that the inadequacies established by the Commission for 1998 were lower than those for 1997. Although the Commission, for budgetary reasons, had to adopt two different decisions, each relating to expenditure pertaining to one financial year, it was a matter of one and the same epidemic. The expenditure for 1998 is therefore linked with the expenditure for 1997. In those circumstances, it does not appear unreasonable to select the same rate of adjustment for both financial years.

see paras 31-37, 39