2003/491/EC: Commission Decision of 3 July 2003 on a financial contribution from the Community towards the eradication of classical swine fever in Luxembourg in 2002
Date: 2003-07-03
Institutions: European Commission
Subjects: Luxembourg, animal plague, balance of payments assistance, decontamination, health control, slaughter premium

5.7.2003

EN

Official Journal of the European Union

L 168/23

COMMISSION DECISION

of 3 July 2003

on a financial contribution from the Community towards the eradication of classical swine fever
in Luxembourg in 2002

(Only the French text is authentic)

(2003/491/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 Regulation (EC) No 806/2003 (2), and in particular Article
3(3) and Article 5(3) thereof,

categories of eligible expenditure under ‘other costs’
associated with the compulsory slaughter must all be
defined.

(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,

Whereas:

HAS DECIDED AS FOLLOWS:

(1)

Outbreaks of classical swine fever occurred in Luxem-
bourg in 2002. The emergence of this disease represents
a serious risk to the Community's livestock population.

(2) With a view to helping to eradicate the disease as rapidly
as possible, the Community may contribute financially
to eligible costs incurred by the Member State, as
provided for in Decision 90/424/EEC.

(3)

(4)

(5)

(6)

(7)

Pursuant to Article 3(2) of Council Regulation (EC) No
1258/1999 of 17 May 1999 on the financing of the
common agricultural policy (3), veterinary and plant
health measures undertaken in accordance with Commu-
nity rules shall be financed under the ‘Guarantee’ section
of the European Agricultural Guidance and Guarantee
Fund. The auditing of these measures comes under Arti-
cles 8 and 9 of the said Regulation.

The payment of the Community financial contribution
must be subject to the condition that the planned activ-
ities were actually implemented and the authorities
provide all
the necessary information within certain
deadlines.

On 5 August 2002, Luxembourg submitted an official
request
the expenditure
incurred on its territory.

reimbursement

for all

for

contribution, pending

It is now time to set the amount of an advance on the
Community financial
checks
carried out by the Commission. This advance must be
50 % of the Community contribution calculated on the
basis of the number of pigs culled (19 000) at a unit cost
of EUR 100 and limiting, for the moment, the ‘other
costs’ to 10 % of the amount of this reimbursement.

The terms ‘swift and adequate compensation of the live-
stock farmers’ used in Article 3 of Decision 90/424/EEC,
‘reasonable payments’ and ‘justified payments’ and the

(1) OJ L 224, 18.8.1990, p. 19.
(2) OJ L 122, 16.5.2003, p. 1.
(3) OJ L 160, 26.6.1999, p. 103.

Article 1

Granting of a financial contribution from the Community
to Luxembourg

In order to eradicate classical swine fever in 2002, Luxembourg
may benefit from a Community financial contribution of 50 %
of the expenditure incurred for the:

(a) swift and adequate compensation of farmers forced to cull
their animals as part of
the measures to eradicate the
outbreaks of classical swine fever in 2002, pursuant to the
provisions of Article 3(2)(7) of Decision 90/424/EC and
this Decision;

(b) operational expenditure associated with the destruction of
contaminated animals and products, the cleaning and disin-
fecting of premises and the cleaning and disinfecting, or
destruction if necessary, of contaminated equipment, under
the conditions provided for in Article 3(2)(1), (2) and (3) of
Decision 90/424/EEC and this Decision.

Article 2

Definitions

In this Decision, the following definitions shall apply:

(a) ‘swift and adequate compensation’: the payment, without
prejudice to Article 4(2) of Commission Regulation (EC) No
296/96 (4), within 90 days of the slaughter of the animals,
of compensation corresponding to the market value that
these animals had immediately prior to their contamination
or slaughter;

(b) ‘reasonable payments’: payments made for the purchase of
equipment or services at proportionate prices compared to
the market prices that applied before the outbreak;

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

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Official Journal of the European Union

5.7.2003

(c) ‘justified payments’: payments made for the purchase of
equipment or services in accordance with Article 3(2) of
Decision 90/424/EEC, where their nature and direct link to
the compulsory slaughter of animals on holdings have been
demonstrated.

Arrangements

for

Article 3

payment

the
contribution

of

the

financial

1.
Subject to the results of the checks referred to in Article
6, an advance of EUR 500 000 shall be paid, as part of the
Community financial contribution mentioned in Article 1, on
the basis of supporting documents submitted by Luxembourg
relating to the swift and adequate compensation of owners for
the compulsory slaughter, the destruction of the animals and, if
necessary, the products used for cleaning, disinfecting, disinsec-
tisation of the holdings and equipment, as well as the destruc-
tion of contaminated feed and materials.

2.
Once the checks referred to in Article 6 have been carried
out, the Commission shall decide on the balance in accordance
with the procedure provided for in Article 41 of Decision 90/
424/EEC.

Article 4

Eligible operational expenditure covered by the Com-
munity financial contribution

The Community financial contribution referred to in
1.
Article 1(b) relates only to justified and reasonable payments
for the eligible expenditure mentioned in Annex I.

This Community financial contribution referred to in

2.
Article 1 does not include:

(a) value added tax;

(b) officials' remuneration;

(c) the use of public equipment, with the exception of

consumables.

Article 5

Conditions for payment and supporting documents

The Community financial contribution referred to in

1.
Article 1 shall be paid on the basis of the following elements:

(a) an application submitted in accordance with Annexes II
and III within the deadline laid down in paragraph 2 of this
Article;

(b) the supporting documents referred to in Article 3(1),
including an epidemiological report on each holding where
animals were slaughtered and destroyed, as well as a finan-
cial report;

(c) the results of the in situ checks carried out by the Commis-

sion, referred to in Article 6.

The documents referred to in (b) must be made available for
the in situ audits carried out by the Commission.

The application referred to in 1(a) must be submitted in
2.
the form of a computer file in line with Annexes II and III
within 30 calendar days of the date of notification of this Deci-
sion.
the Community financial
contribution shall be reduced by 25 % per month of delay.

If this deadline is not met,

Article 6

In situ checks performed by the Commission

The Commission, in collaboration with the Luxembourg autho-
rities, may perform in situ checks relating to the implementa-
tion of the measures referred to in Article 1 and the associated
expenditure.

Article 7

Recipients

This Decision is addressed to the Grand Duchy of Luxembourg.

Done at Brussels, 3 July 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 expenditure, as referred to in Article 4(1)

1. Costs associated with the slaughter of the animals:

(a) wages and remuneration for slaughterhouse workers;

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

(c) equipment used for the transportation of animals to the slaughterhouse.

2. Costs associated with the destruction of the animals:

(a) rendering: the transportation of the carcasses to a rendering plant, the processing of carcasses in the plant and

the destruction of the meat meal;

(b) burial: personnel specifically employed, equipment specially hired for the transportation and burying of carcasses

and the products used for disinfecting the holding;

(c) incineration: personnel specifically employed, fuel or other materials used, equipment specially hired for the

transportation of carcasses and the products used for disinfecting the holding.

3. Costs associated with cleaning, disinfecting and disinsectisation of holdings:

(a) products used for cleaning, disinfecting and disinsectisation;

(b) wages and remuneration for staff employed to do this job.

4. Costs associated with the destruction of contaminated feed:

(a) reimbursement of purchase price of feed;

(b) destruction of feed.

5. Costs associated with compensation, at market value, for the destruction of contaminated equipment. Costs associated

with the reconstruction or renovation of farm buildings and infrastructure are not eligible.

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I
I

X
E
N
N
A

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Official Journal of the European Union

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ANNEX III