Commission Regulation (EC) No 997/2002 of 11 June 2002 establishing detailed rules for the implementation of the provisions relating to the allocation of a Community financial contribution for Member States in order to strengthen inspection infrastructures for plant health checks on plants and plant products coming from third countries
Date: 2002-06-11
Institutions: European Commission
Subjects: crop production, distribution of EU funding, import (EU), plant health control

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Official Journal of the European Communities

12.6.2002

COMMISSION REGULATION (EC) No 997/2002

of 11 June 2002

establishing detailed rules for the implementation of the provisions relating to the allocation of a
Community financial contribution for Member States in order to strengthen inspection infrastruc-
tures for plant health checks on plants and plant products coming from third countries

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Having regard to Council Directive 2000/29/EC of 8 May 2000
on protective measures against
the introduction into the
Community of organisms harmful to plants or plant products
and against their spread within the Community (1) (the Direc-
tive), as last amended by Commission Directive 2002/36/EC (2),
and in particular Article 13(9), fifth subparagraph, thereof,

Whereas:

(1)

(2)

(3)

(4)

Pursuant to the provisions of the Directive, a Commu-
nity financial contribution may be granted to Member
States to cover expenditure (up to 50 %) relating directly
to improving the provision of equipment and facilities
required to carry out inspections, at inspection posts
other than those at the place of destination, beyond the
level already achieved by complying with the minimum
conditions
provisions
pursuant to the fourth subparagraph of Article 13(8) of
the Directive.

implementing

stipulated

in

It is necessary to provide for detailed rules for the imple-
mentation of the provisions relating to the allocation of
a Community financial contribution for Member States
for such improvement.

In accordance with Article 3(2) of Council Regulation
(EC) No 1258/1999 (3), veterinary and plant health
measures undertaken in accordance with Community
rules shall be financed under the Guarantee section of
the European Agricultural Guidance and Guarantee
Fund. Financial control of these measures comes under
Articles 8 and 9 of the above Regulation.

The measures provided for in this Regulation are in
accordance with the opinion of the Standing Committee
on Plant Health,

(b) be addressed to the Commission of the European Commu-
nities, Health and Consumer Protection Directorate General,
B-1049 Brussels, Belgium;

(c) be submitted by 1 June, to be examined in the same year.
For 2002, the submission date shall exceptionally be post-
poned to 15 July 2002;

(d) include evidence of the equipment and/or facilities intended
to be purchased by the Member State, through an appro-
priate programme to be implemented and including:

(i) the location of the inspection post(s) where the equip-

ment and/or facilities will be allocated;

(ii) a description of the inspection post, in terms of staff
presence, equipment list and nature of main trade of
plants and plant products;

(iii) the justification for the purchase and/or improvement

of the equipment and/or facilities;

(iv) the technical description of the equipment and/or facil-

ities needed to be purchased and/or improved;

(v) a detailed financial estimate on the planned purchase
and/or
(excluding VAT and taxes)
concerning the above described equipment and/or facil-
ities;

improvement

(e) concern equipment and/or facilities such as referred to in
this Regulation, with the exception of

the Annex of
consumable goods.

Article 2

HAS ADOPTED THIS REGULATION:

For each application received, the Commission shall deter-

1.
mine whether:

Article 1

(a) a phytosanitary justification for the proposed purchase or

improvement has been demonstrated;

An application of a Member State for a ‘plant health import
inspection post financial contribution’ shall:

(a) be made in writing by the Authority referred to in Article

1(4) of the Directive;

(b) the estimated costs of the purchase or improvement are

reasonable.

(1) OJ L 169, 10.7.2000, p. 1.
(2) OJ L 116, 3.5.2002, p. 16.
(3) OJ L 160, 26.6.1999, p. 103.

The Member State concerned shall, on request by the Commis-
sion, communicate to it any additional information it requires
for its examinations.

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Official Journal of the European Communities

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Each year, before 15 September, the Commission shall
2.
prepare a list of programmes, which satisfy the criteria in para-
graph 1(a) and (b) and which are therefore eligible to be consid-
ered to receive a Community financial contribution. With the
purpose of assuring an effective and consistent EC contribution,
and taking into account the evolution of the phytosanitary
situation in the Community, the Commission shall rank the
above programmes.

Priority will be given to those programmes that give the most
added value to the relevant inspection post in terms of quantity
and/or quality of inspections and therefore concern:

— improvements suggested by the experts referred to in

Article 21 of the Directive,

— inspection posts which are to be significantly restructured.

The list, which shall detail
the proposed
Community financial contribution to each programme, shall be
submitted for discussion to the Standing Committee on Plant
Health.

the amount of

3.
Each programme included in the list provided for in para-
graph 2 shall be approved individually in accordance with the
procedure laid down in the Article 18 of the Directive. Such
include the rate of the financial contribution
approval shall
from the Community, any conditions to which it may be
subject and the upper limit of the contribution. The financial
contribution of the Community shall not be granted where the
total amount of eligible expenditure per programme is less than
EUR 25 000. A programme may concern more than one
inspection post in the same Member State.

Article 3

In order to receive payment of the Community financial contri-
bution for an approved programme:

(a) the purchase and/or improvement of the equipment and/or
facilities listed in the programme shall be undertaken
between 1 January and 31 December of the year immedi-
ately following the approval referred to in Article 2(3);

(b) payments by the Member State

the
programme shall be made within six months of its comple-
tion;

in respect of

(c) the Member State shall submit a request for payment of the
financial contribution to the Commission, in euro, within
six months of the completion of the programme, and in
any event at
the year
following the year in which the programme was to be
undertaken;

the latest on 30 September of

(d) the Member State’s

include evidence of
payments through appropriate documentation, e.g. receipts
for payments made.

request

shall

Article 4

This Regulation shall enter into force on the seventh day
following that of its publication in the Official Journal of the
European Communities.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 11 June 2002.

For the Commission

David BYRNE

Member of the Commission

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Official Journal of the European Communities

12.6.2002

ANNEX

Equipment

1. Stereoscopic binocular

2. Optic microscope

3. Digital hygroscope

4. Digital camera

5. Digital video

6. Refrigerator

7. Other equipment of a similar nature

Facilities

1. Permanent or mobile offices

2. Inspection table (mobile equipment for inspection)

3. Other facilities of a similar nature