2003/622/EC: Commission Decision of 19 August 2003 concerning a financial contribution by the Community towards the precautionary measures against foot-and-mouth disease taken by Portugal in 2001 (notified under document number C(2003) 2981)
Date: 2003-08-19
Institutions: European Commission
Subjects: EU control, Portugal, balance of payments assistance, foot-and-mouth disease, slaughter of animals, slaughter premium

28.8.2003

EN

Official Journal of the European Union

L 216/53

COMMISSION DECISION

of 19 August 2003

concerning a financial contribution by the Community towards the precautionary measures against
foot-and-mouth disease taken by Portugal in 2001

(notified under document number C(2003) 2981)

(Only the Portuguese text is authentic)

(2003/622/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 Council Regulation No 806/2003 (2), and in particular
Article 3(3) and Article 5(3) thereof,

(6)

(7)

The financial contribution from the Community should
be granted subject to the measures planned having been
efficiently carried out and the competent authorities
supplying all the necessary information within the time
limits laid down in this Decision.

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:

(1)

(2)

(3)

(4)

(5)

Commission Decision 2001/172/EC of 1 March 2001
concerning certain protection measures with regard to
foot-and-mouth disease in the United Kingdom and
repealing Decision 2001/145/EC (3), as last amended by
Decision 2001/318/EC (4), was adopted in order to avoid
the spread of foot-and-mouth disease to other Member
States, and was subsequently repealed and replaced by
Commission Decision 2001/356/EC (5), as last amended
by Decision 2001/708/EC (6).

Portugal took the necessary precautionary measures in
order to avoid the spread of that disease as provided for
in Article 11 of Decision 2001/172/EC and Article 12 of
Decision 2001/356/EC.

Decision 90/424/EEC provides that a financial contribu-
tion may be made by the Community towards the
measures deemed particularly necessary for the success
of the action undertaken. It is necessary to set out the
level of the financial contribution by the Community
and the eligible costs.

Pursuant to Article 3(2) of Council Regulation (EC) No
1258/1999 of 17 May 1999 on the financing of the
common agricultural policy (7), 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. Articles 8 and 9 of that Regulation are to apply
for financial control purposes.

On 30 April 2001, Portugal submitted an official appli-
cation for reimbursement of all expenditure incurred
within that Member State in relation to foot-and-mouth
disease in 2001.

(1) OJ L 224, 18.8.1990, p. 19.
(2) OJ L 122, 16.5.2003, p. 1.
(3) OJ L 62, 2.3.2001, p. 22.
(4) OJ L 109, 19.4.2001, p. 75.
(5) OJ L 125, 5.5.2001, p. 46.
(6) OJ L 261, 29.9.2001, p. 67.
(7) OJ L 160, 26.6.1999, p. 103.

HAS DECIDED AS FOLLOWS:

Article 1

Payment of a financial contribution by the Community to
Portugal

Portugal may obtain a financial contribution from the Commu-
nity for the swift and adequate compensation of owners for the
compulsory slaughter of
their animals and the other costs
incurred in 2001 while implementing the precautionary
measures taken in accordance with Article 12 of Decision
2001/356/EC and Article 6(2) of Decision 90/424/EEC.

The financial contribution from the Community shall be 60 %
of the eligible expenditure for the swift and adequate compen-
sation and the other costs.

Article 2

Definitions

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

(a) ‘swift

and adequate

compensation’: means payment,
without prejudice to Article 4(2) of Commission Regulation
(EC) No 296/96 (8), within 90 days of the slaughtering of
the animals, of compensation corresponding to the market
value of
the animals immediately before they became
infected or were slaughtered;

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

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Official Journal of the European Union

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(b) ‘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;

(c) ‘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 and the eligible
measures as referred to in Article 11 of Decision 90/424/
EEC implemented in the holdings during the eradication
campaign is demonstrated.

Article 3

The eligible costs covered by the financial contribution
from the Community

1.
The financial contribution from the Community for the
operational costs as provided for in Article 1 shall only be
made in respect of:

(a) the swift and adequate compensation for the slaughtering

of the animals and

(b) justified and reasonable payments for the eligible costs as

set out in Annex I.

The financial contribution from the Community as

2.
provided for in Article 1 shall exclude:

(a) value added tax;

(b) salaries of civil servants;

(c) use of public material other than consumables.

Article 4

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

provided for in Article 5.

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

The claims referred to in paragraph 1(a) shall be provided
2.
in computerised form in accordance with Annexes II and III
within 30 calendar days of the date of notification of this Deci-
sion. Where that time limit is not observed, the financial contri-
bution 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 disease eradication measures
referred to in Article 1 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

Conditions for payment and supporting documentation

This Decision is addressed to the Republic of Portugal.

The financial contribution by the Community as provided

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

(a) claims submitted in accordance with Annexes II and III and
within the time limit as provided for in paragraph 2 of this
Article;

(b) detailed documents confirming the amounts set out in the

claims referred to in point (a);

Done at Brussels, 19 August 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)(b)

1. Costs for the slaughter of the animals:

(a) salaries and fees of the slaughtermen;
(b) consumables and specific equipment used for the slaughter;
(c) materials used for the transport of the animals to the slaughterplace.

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 feedingstuffs.

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 not eligible.

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Official Journal of the European Union

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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

Claim for costs as referred to in Article 4