2002/767/EC: Commission Decision of 25 September 2002 on financial aid from the Community towards the eradication of classical swine fever in Spain in 2001 (notified under document number C(2002) 3539)
Date: 2002-09-25
Institutions: European Commission
Subjects: EU aid, Spain, animal plague, financial aid, health control, slaughter of animals, swine

27.9.2002

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Official Journal of the European Communities

L 259/63

COMMISSION DECISION

of 25 September 2002

on financial aid from the Community towards the eradication of classical swine fever in Spain in
2001

(notified under document number C(2002) 3539)

(Only the Spanish text is authentic)

(2002/767/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(8)

The measures provided for in this Decision are in accor-
dance with the opinion of the Standing Committee on
the Food Chain and Animal Health,

Having regard to the Treaty establishing the European
Community,

Having regard to Council Decision 90/424/EEC of 26 June
1990 on expenditure in the veterinary field (1), as last amended
by Decision 2001/572/EC (2), and in particular Article 3(3)
thereof,

Whereas:

(1)

(2)

(3)

(4)

(5)

(6)

(7)

Outbreaks of classical swine fever occurred in Spain in
2001. The emergence of this disease poses a serious
threat to Community livestock.

In order to help eradicate the disease as rapidly as
possible, the Community may contribute to the eligible
expenditure incurred by the Member State, as provided
for in Decision 90/424/EEC.

Pursuant to Article 3(2) of Council Regulation (EC) No
1258/1999 (3), veterinary and plant health measures
taken in accordance with Community rules shall be
financed under the Guarantee Section of the European
Agricultural Guidance and Guarantee Fund. The auditing
of these measures comes under Articles 8 and 9 of the
said Regulation.

the financial contribution from the
The payment of
Community must be subject to the condition that the
actions planned have been efficiently carried out and that
the authorities supply all
the necessary information
within the time limits laid down.

On 12 April 2002, Spain submitted an official applica-
tion for
reimbursement of all expenditure incurred
within the country up to the end of September 2001.

Pending checks by the Commission, it is necessary to
arrange an advance on the Community financial aid. This
advance has been calculated at 50 % of the Community
contribution based on the costs submitted for compensa-
tion for animal prices and temporarily limiting the ‘other
costs’ to 10 % of the amount of this compensation.

is necessary to clarify the concepts of

‘swift and
It
the livestock farmers’ and
adequate compensation of
‘destruction, cleaning, disinfection and disinsectisation
costs’ used in Article 3 of Decision 90/424/EEC.

(1) OJ L 224, 18.8.1990, p. 19.
(2) OJ L 203, 28.7.2001, p. 16.
(3) OJ L 160, 26.6.1999, p. 103.

HAS ADOPTED THIS DECISION:

Article 1

Spain may receive Community financial assistance for the swift
and adequate compensation of owners for the compulsory
slaughter of their animals under eradication measures related to
outbreaks of classical swine fever which occurred in 2001, in
accordance with the provisions of Article 3(2) of Decision 90/
424/EEC.

Article 2

For the purposes of this Decision the following definitions shall
apply:

(a) ‘swift and adequate compensation’ means payment, without
prejudice to the provisions of Article 4(2) of Commission
Regulation (EC) No 296/96 (4), within 90 days of
the
slaughtering of the animals, of compensation corresponding
to the value of the animals immediately before they became
infected or were slaughtered;

(b) ‘destruction, cleaning, disinfection and disinsectisation costs’
means the costs, excluding VAT, of purchasing products to
clean, disinfect and disinsectise affected holdings, as well as
the costs of services required to destroy carcasses.

Article 3

Under the Community financial assistance referred to in
1.
Article 1, an advance of EUR 4 000 000 shall be paid on the
basis of supporting documents submitted by Spain concerning
the swift and adequate compensation of owners for compulsory
slaughter, the destruction of animals and, where appropriate,
for the products used to clean, disinfect and disinsectise hold-
ings and equipment, as well as for the destruction of contami-
nated feedingstuffs and equipment, and subject to the results of
the checks referred to in Article 4.

(4) OJ L 39, 17.2.1996, p. 5.

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The supporting documents referred to in paragraph 1
2.
shall include an epidemiological report covering each holding
on which animals have been slaughtered and destroyed, and a
financial report.

The financial report shall take account of the categories of the
animals destroyed, or slaughtered and destroyed, on each
holding on account of classical swine fever. This information
shall be provided in electronic form in accordance with the
model in the Annex.

3.
The supporting documents referred to in paragraph 1
shall be forwarded no later than 60 days after the date on
which Spain is notified of this Decision.

Article 4

The Commission may make on-the-spot checks, with the coop-
eration of the competent national authorities, on the applica-

tion of the measures referred to in Article 1 and the related
expenditure. The Member States will be informed of the results
of these checks.

Article 5

This Decision is addressed to the Kingdom of Spain.

Done at Brussels, 25 September 2002.

For the Commission

David BYRNE

Member of the Commission

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X
E
N
N
A

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ANNEX II