2003/660/EC: Commission Decision of 19 September 2003 concerning a financial contribution by the Community towards the eradication of Newcastle disease in Denmark in 2002 (notified under document number C(2003) 3302)
Date: 2003-09-19
Institutions: European Commission
Subjects: Denmark, animal disease, balance of payments assistance, decontamination, health control, slaughter premium

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(Acts whose publication is not obligatory)

COMMISSION

COMMISSION DECISION

of 19 September 2003

concerning a financial contribution by the Community towards the eradication of Newcastle
disease in Denmark in 2002

(notified under document number C(2003) 3302)

(Only the Danish text is authentic)

(2003/660/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 (EC) No 806/2003 (2), and in particular
Articles 4(2) and 5(3) thereof,

Whereas:

(1)

(2)

(3)

(4)

Outbreaks of Newcastle disease occurred in Denmark in
2002, and 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, under the
conditions laid down in Article 4(2) of Decision 90/424/
EEC.

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 are to 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.

Payment of the Community financial contribution must
be subject to the condition that the planned activities
the authorities
were actually implemented and that
provide all the necessary information within the dead-
lines set.

(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.

(5)

(6)

(7)

On 14 March 2003, Denmark submitted a rough esti-
mate of the costs incurred in taking measures to eradi-
cate the disease. The estimated amount
is DKK 58
million.

It is now time to set the amount of an advance on the
Community financial contribution, pending checks to be
carried out by the Commission. This advance must be
equal to 50 % of the Community contribution, estab-
lished on the basis of the estimated costs of compensa-
tion for the slaughter of animals and other costs.

It is necessary to define the term ‘swift and adequate
compensation of the livestock farmers’, used in Article
3(2) of Decision 90/424/EEC, as well as the terms
‘reasonable payments’ and ‘justified payments’ and the
categories of expenditure eligible under ‘other costs’
associated with the compulsory slaughter of animals and
the compulsory destruction of eggs.

(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,

HAS ADOPTED THIS DECISION:

Article 1

Granting of a financial contribution by the Community to
Denmark

For the purposes of eradicating Newcastle disease in 2002,
Denmark may obtain a Community financial contribution
amounting to 50 % of the expenditure incurred for:

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(a) the swift and adequate compensation of owners obliged to
slaughter their animals and destroy eggs under the compul-
sory measures for eradicating the outbreaks of Newcastle
disease in 2002, pursuant to the provisions of Article 3(2),
first and seventh indents, of Decision 90/424/EEC and
pursuant to this present Decision;

(b) the costs of destroying animals, eggs and contaminated
products, cleaning and disinfecting premises and cleaning
and disinfecting, or destroying where necessary, contami-
nated equipment, pursuant to the provisions of Article 3(2),
second and third indents, of Decision 90/424/EEC and
pursuant to this present Decision.

Article 2

Definitions

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

(a) ‘swift and adequate compensation’: payment, within 90
days of the slaughter of the animals or the destruction of
the eggs, of compensation corresponding to the market
value they had immediately prior to their contamination,
slaughter or destruction;

(b) ‘reasonable payments’: payments for the purchase of equip-
ment or services at proportionate prices compared to the
market prices before the outbreak of the Newcastle disease;

(c) ‘justified payments’: payments for the purchase of equip-
ment or services referred to in Article 3(2) of Decision 90/
424/EEC, where their nature and direct link to the compul-
sory slaughter of animals and compulsory destruction of
eggs in the holdings have been demonstrated.

Article 3

Arrangements for the payment of the financial contribu-
tion

supporting documents

Subject to the results of the checks referred to in Article
1.
6 below, an advance of EUR 1 000 000 shall be paid, as part
of the Community financial contribution mentioned in Article
1, on the basis of
submitted by
Denmark relating to the swift and adequate compensation of
owners for the compulsory slaughter, the destruction of the
animals and eggs and,
the products used for
if necessary,
cleaning, disinfecting and disinsectisation of the holdings and
equipment, as well as the destruction 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 Commu-
nity financial contribution

Non-compliance by the Danish authorities with the
1.
payment deadline specified in Article 2(a) shall result in the
eligible amounts being reduced as follows:

— 25 % reduction for payments made between 91 and 105
days after the slaughter of the animals or the destruction of
the eggs;

— 50 % reduction for payments made between 106 and 120
days after the slaughter of the animals or the destruction of
the eggs;

— 75 % reduction for payments made between 121 and 135
days after the slaughter of the animals or the destruction of
the eggs;

— 100 % reduction for payments made more than 136 days
after the slaughter of the animals or the destruction of the
eggs.

However, the Commission will apply a different timescale and/
or lower reductions or none at all if exceptional management
conditions are encountered for certain measures, or if well-
founded justifications are put forward by Denmark.

2.
The Community financial contribution referred to in
Article 1(b) relates only to justified and reasonable payments
associated with the eligible expenditure mentioned in Annex I.

the Community financial contribution

Calculation of

3.
excludes:

(a) value added tax;

(b) salaries of civil servants;

(c) use of public equipment, other than 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 IIa,
IIb and III within the deadline specified in paragraph 2;

(b) the supporting documents referred to in Article 3(1),
including an epidemiological report on each holding where
animals were slaughtered and destroyed or eggs were
destroyed, as well as a financial 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 point (b) shall be made available
for on-the-spot audits by the Commission.

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

If this deadline is not met,

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Article 6

In situ checks by the Commission

The Commission, in collaboration with the competent Danish authorities, may perform in situ checks
relating to the implementation of the measures referred to in Article 1 and the associated expenditure.

Article 7

Addressee

This Decision is addressed to the Kingdom of Denmark.

Done at Brussels, 19 September 2003.

For the Commission

David BYRNE

Member of the Commission

ANNEX I

Eligible expenditure as referred to in Article 4(2)

1. Costs associated with the slaughter of animals:

(a) wages and remuneration for workers specially employed to do the slaughtering;

(b) consumables and specific equipment used for the slaughter or for the destruction of eggs;

(c) materials used for transporting the animals to the place of slaughter.

2. Costs associated with the destruction of animals and eggs:

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

plant and destruction of the meal;

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

eggs and products used for disinfecting the holding;

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

portation of carcasses and eggs and 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 personnel specially employed to do this job.

4. Costs associated with the destruction of contaminated feed:

(a) reimbursement of purchase price of feed;

(b) transportation and destruction of feed.

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

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

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a
I
I

X
E
N
N
A

b
I
I

X
E
N
N
A

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ANNEX III