2003/676/EC: Commission Decision of 24 September 2003 on an additional financial contribution from the Community towards the costs of the eradication of foot-and-mouth disease in the United Kingdom in 2001 (notified under document number C(2003) 3325)
Date: 2003-09-24
Institutions: European Commission
Subjects: EU control, United Kingdom, balance of payments assistance, foot-and-mouth disease, slaughter of animals, slaughter premium

1.10.2003

EN

Official Journal of the European Union

L 249/45

II

(Acts whose publication is not obligatory)

COMMISSION

COMMISSION DECISION

of 24 September 2003

on an additional financial contribution from the Community towards the costs of the eradication
of foot-and-mouth disease in the United Kingdom in 2001

(notified under document number C(2003) 3325)

(Only the English text is authentic)

(2003/676/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 11 thereof,

Whereas:

(1)

(2)

As soon as the presence of foot-and-mouth disease was
officially confirmed in 2001,
the United Kingdom
reported that it had immediately implemented control
measures to be applied in the event of an outbreak of
that disease as provided for in Directive 85/511/EEC of
18 November 1985 introducing Community measures
foot-and-month disease (3), as last
for the control of
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-month 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 contribute to eligible expendi-
tures incurred by the United Kingdom. Accordingly, it is
appropriate that a financial contribution from the
Community should be granted to the United Kingdom

(3)

(4)

(5)

under the provisions of Decision 90/424/EEC in order to
foot-and-
cover the costs related to the outbreak of
month disease in 2001.

Under Commission Decisions 2001/654/EC (5)
and
2003/23/EC (6), a Community financial contribution was
granted towards the compensation of owners for value
of animals compulsorily slaughtered under eradication
measures
foot-and-mouth
disease in 2001. A financial contribution from the
Community should also be granted towards the opera-
tional costs associated with the slaughter of
those
animals and toward other costs directly linked to other
eradication measures.

relating to outbreaks of

Pursuant to Article 3(2) of Council Regulation (EC) No
1258/1999 of 17 May 1999 on the financing of the
common agriculture 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.

The United Kingdom introduced on 27 February 2003 a
claim for the reimbursement of other costs related to the
eradication of foot-and-mouth disease in 2001. It was
provided in computerised form in line with the format
already established by Decision 2003/182/EC of 14
March 2003, on a financial contribution from the
Community towards the operational costs of the eradica-
tion of foot-and-mouth disease in the Netherlands in

(1) OJ L 224, 18.8.1990, p. 19.
(2) OJ L 122, 16.5.2003, p. 1.
(3) OJ L 315, 26.11.1985, p. 11.
(4) OJ L 7, 11.1.2003, p. 82.

(5) OJ L 230, 28.8.2001, p. 16.
(6) OJ L 8, 14.1.2003, p. 41.
(7) OJ L 160, 26.6.1999, p. 103.

L 249/46

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Official Journal of the European Union

1.10.2003

that

2001 (1), and the two other Decisions adopted simulta-
neously for France and Ireland. Therefore, it is not neces-
sary to request
the United Kingdom submits a
further claim according to a certain format. However, in
order to secure the equal
the Member
States, an opportunity should be given to the United
Kingdom authorities
to complete the claim of 27
February 2003 within 30 calendar days of the date of
notification of this Decision.

treatment of

(6)

(7)

(8)

Having regard to the budgetary appropriations available
in 2003 and having regard to the ongoing verification of
the eligible expenditures,
the financial contribution
towards these costs should, on condition that credits are
made available, be limited at this stage to an advance
payment of EUR 40 million.

The financial contribution from the Community should
be granted subject to the measures planned having been
carried out efficiently and the competent authorities
supplying all the necessary information.

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 an advance to the financial contribution from
the Community to the United Kingdom

Subject to budgetary availability of the corresponding funds the
United Kingdom may obtain an advance payment of EUR 40
financial contribution from the
million to the additional
Community for the eradication of foot-and-mouth disease in
the United Kingdom in 2001. This additional contribution may
cover eligible expenditure for the costs of the measures fore-
seen in Article 11(4) under (a)(i) to (iv) and (b) of Council Deci-
sion 90/424/EEC, except for compensation for the value of the
animals, already provided for in accordance with Decisions
2001/654/EC and 2003/23/EC.

Article 2

Definitions

(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 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 the
Annex.

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

1.
The balance of the financial contribution by the Commu-
nity shall be fixed in a later Decision taken in accordance with
the procedure laid down in Article 41 of Decision 90/424/EEC.
It will be based on:

(a) the claim submitted on 27 February 2003 as eventually
completed within the time limit as provided for in para-
graph 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.

2.
The complement to the claim referred to in paragraph
1(a) shall be provided in computerised form identical to the
claim of 27 February 2003 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 to
the eligible expenditure of this complement shall be reduced by
25 % for every month of delay.

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-
month disease;

(1) OJ L 71, 15.3.2003, p. 19.

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 referred
to in Article 1 and the related costs incurred.

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Official Journal of the European Union

L 249/47

This Decision is addressed to the United Kingdom of Great Britain and Northern Ireland.

Article 6

Addressee

Done at Brussels, 24 September 2003.

For the Commission

David BYRNE

Member of the Commission

ANNEX

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 and specific equipment used for the slaughter;

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

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 ineligible.