2003/183/EC: Commission Decision of 14 March 2003 on a financial contribution from the Community towards the operational costs of the eradication of foot-and-mouth disease in France in 2001 (notified under document number C(2003) 743)
Date: 2003-03-14
Institutions: European Commission
Subjects: France, balance of payments assistance, foot-and-mouth disease, operational expenditure (EU)

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Official Journal of the European Union

15.3.2003

COMMISSION DECISION

of 14 March 2003

on a financial contribution from the Community towards the operational costs of the eradication
of foot-and-mouth disease in France in 2001

(notified under document number C(2003) 743)

(Only the French text is authentic)

(2003/183/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

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) and
Article 11 thereof,

(5)

Whereas:

Community should be granted to France under the
provisions of Decision 90/424/EEC in order to cover the
costs related to the outbreak of foot-and-mouth disease
in 2001.

2001/653/EC (6),

Commission Decision

a
Under
Community financial contribution was granted towards
the compensation of owners
for value of animals
compulsorily slaughtered under eradication measures
relating to outbreaks of foot-and-mouth disease in 2001.
A financial contribution from the Community should
also be granted towards the other, operational costs
associated with the slaughter of
those animals and
toward other costs directly linked to such measures.

(1)

(2)

(3)

(4)

As soon as the presence of foot-and-mouth disease was
officially confirmed in 2001, France reported that it had
immediately implemented the control measures to be
applied in the event of an outbreak of that disease as
provided for in Council Directive 85/511/EEC of 18
November 1985 introducing Community measures for
the
last
amended by Commission Decision 2003/11/EC (4), as
required in order to obtain a financial contribution from
the Community for the eradication of the disease in
accordance with Decision 90/424/EEC.

foot-and-mouth disease (3),

control of

as

Pursuant to Article 3(2) of Council Regulation (EC) No
1258/1999 of 17 May 1999 on the financing of the
common agriculture policy (5), veterinary and plant
health measures undertaken in accordance with Commu-
nity rules are to be financed under the Guarantee Section
of the European Agricultural Guidance and Guarantee
Fund; for financial control purposes, Articles 8 and 9 of
Regulation (EC) No 1258/1999 apply.

The financial contribution from the Community should
be granted provided that the actions planned are carried
out efficiently and that the competent authorities supply
all the necessary information within the time limits laid
down in this Decision.

Foot-and-mouth disease represents a serious danger to
Community stocks. Accordingly, in order to prevent the
spread of that disease and contribute to its eradication,
the Community should further contribute to eligible
expenditures
is
appropriate that a financial contribution from the

incurred by France. Accordingly,

it

(1) OJ L 224, 18.8.1990, p. 19.
(2) OJ L 203, 28.7.2001, p. 16.
(3) OJ L 315, 26.11.1985, p. 11.
(4) OJ L 7, 11.1.2003, p. 82.
(5) OJ L 160, 26.6.1999, p. 103.

(6)

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,

HAS ADOPTED THIS DECISION:

Article 1

Payment of a financial contribution from the Community
to France

France may obtain a financial contribution from the Commu-
nity of 60 % of the eligible expenditure for the operational
costs of the measures foreseen in Article 11(4)(a)(i) to (iv) and
(b) of Council Decision 90/424/EEC for the eradication of foot-
and-mouth disease in France in 2001.

Article 2

Definitions

For the purpose of this Decision, the following definitions shall
apply:

(a) ‘reasonable payments’ means payments for the purchase of
materials or services at proportionate prices compared to
the market prices before the outbreak of the foot-and-
mouth disease;

(6) OJ L 230, 28.8.2001, p. 12.

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Official Journal of the European Union

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(b) ‘justified payments’ means payments for the purchase of
materials or services of which the nature and the direct link
with the compulsory slaughter of animals as referred to in
Article 11 of Decision 90/424/EEC in the holdings is
demonstrated.

Article 3

The eligible expenditure covered by the financial contribu-
tion from the Community

1.
The financial contribution from the Community as
referred to in Article 1 shall only be made in respect of justified
and reasonable payments for the eligible costs as set out in
Annex I.

The financial contribution from the Community as

2.
referred to in Article 1 shall exclude:

(a) value added tax;

(b) salaries of civil servants;

(c) use of public material other than consumables.

Article 4

Conditions for payment and supporting documentation

The financial contribution from the Community as

1.
referred to in Article 1 shall be paid on the basis of:

(a) a claim submitted in accordance with Annex II and within

the time limit as provided for in paragraph 2;

(b) detailed documents confirming the figures in the claim

referred to in point (a);

(c) the results of the on-the-spot checks by the Commission as

referred in Article 5.

The documents referred to in point (b) shall be made available
for on-the-spot audits by the Commission.

The claim referred to in paragraph 1(a) shall be provided
2.
in computerised form in accordance with Annex II within 30
calendar days of the date of notification of this Decision. When
that time limit is not observed, the financial contribution from
the Community shall be reduced by 25 % for every month of
delay.

Article 5

On-the-spot checks by the Commission

The Commission may make on-the-spot checks, with the coop-
eration of the competent national authorities, on the imple-
mentation of the foot-and-mouth eradication measures and the
related costs incurred.

Article 6

Information concerning on-the-spot

checks by the

Commission

The Commission shall inform the Member States of the results
of the on-the-spot checks carried out as provided for in Article
5.

Article 7

Addressee

This Decision is addressed to the Republic of France.

Done at Brussels, 14 March 2003.

For the Commission

David BYRNE

Member of the Commission

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Official Journal of the European Union

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ANNEX I

Eligible costs as referred to in Article 3

1. Costs for the slaughter of the animals:

(a) salaries and fees of the slaughter-men;

(b) consumables (bullet, T61, tranquillisers etc.) and specific equipment used for the slaughter;

(c) materials used for the transport of the animals to the slaughterhouse.

2. Costs for the destruction of animals:

(a) rendering: transport of carcases to the rendering plant, treatment of carcases in the rendering plant and destruc-

tion of the meal;

(b) burying: staff specifically employed, materials specifically rented for the transport and the burying of the carcases

and products used for the disinfection of the holding;

(c) burning: staff specifically employed, combustibles or other materials used, materials specifically rented for the

transport of the carcases and products used for the disinfection of the plant.

3. Cost for the destruction of milk:

(a) compensation at market price of the milk;

(b) destruction of the milk.

4. Costs for the cleaning, disinfection and disinsectisation of holdings:

(a) products used for cleaning disinfection and disinsectisation;

(b) salaries and fees for the staff specifically employed.

5. Costs for the destruction of contaminated feedingstuffs:

(a) compensation at purchase price of the feedingstuffs;

(b) destruction of the feedingstuff.

6. Cost for the compensation of contaminated equipment at market value and destruction of such equipment. Costs of

compensation for reconstruction or renewal of farm buildings and infrastructure costs are ineligible.

ANNEX II

Claim as referred to in Article 4

‘Other costs’ incurred for holding No
(excluding compensation for the value of animals)

Item

Amount without VAT

Slaughtering

Destruction (transport and treatment)

Milk (compensation and destruction)

Cleaning and disinfection (salary and products)

Feedingstuff (compensation and destruction)

Equipment (compensation and destruction)

TOTAL