2003/678/EC: Commission Decision of 24 September 2003 on a first financial contribution from the Community towards the eligible costs of the eradication of avian influenza in the Netherlands in 2003 (notified under document number C(2003) 3327)
Date: 2003-09-24
Institutions: European Commission
Subjects: EU control, Netherlands, avian influenza, balance of payments assistance, poultry, slaughter of animals, slaughter premium

1.10.2003

EN

Official Journal of the European Union

L 249/53

COMMISSION DECISION

of 24 September 2003

on a first financial contribution from the Community towards the eligible costs of the eradication
of avian influenza in the Netherlands in 2003

(notified under document number C(2003) 3327)

(Only the Dutch text is authentic)

(2003/678/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 Articles
3(3) and 5(3) thereof,

Whereas:

(1)

(2)

(3)

(4)

As soon as the presence of avian influenza was officially
confirmed in 2003, the Netherlands 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 92/40/EEC of 19 May
1992 introducing Community measures for the control
of avian influenza (3), as last amended by the Act of
Accession of Austria, Finland and Sweden, as required in
order
to obtain a financial contribution from the
Community for the eradication of the disease in accor-
dance with Decision 90/424/EEC.

Avian influenza represents a serious danger to Commu-
nity stocks. Accordingly, in order to prevent the spread
of that disease and contribute to its eradication,
the
Community should contribute to eligible expenditures
incurred by the Netherlands. It is therefore appropriate
that a financial contribution from the Community
should be granted to the Netherlands under the provi-
sions of Decision 90/424/EEC in order to cover the costs
related to the outbreak of avian influenza in 2003.

is necessary to clarify the concepts of

‘swift and
It
the livestock farmers’ and
adequate compensation of
‘destruction, cleaning, disinfection and disinsectisation
costs’ used in Article 3(2) of Decision 90/424/EEC and
the concepts of
‘reasonable payments’ and ‘justified
payments’ mentioned in this Decision.

On 23 April 2003, the Netherlands presented tables
with the value of different types of poultry and eggs.
These values are the basis for the eligible compensations
granted to the owners. They may be adapted on a
regular basis in function of the price evolution in the
Netherlands and surrounding Member States.

(5)

(6)

(7)

(8)

Pursuant to Article 3(2) of Council Regulation (EC) No
1258/1999 of 17 May 1999 on the financing of the
common agriculture policy (4), 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.

Having regard to the budgetary situation for the emer-
gency fund at this stage of the 2003 financial year, and
to the uncertainty on the final eligible amount needed to
compensate the outbreak of the disease, the financial
contribution at
this stage should be limited to an
advance covering 50 % of the eligible costs incurred in
March and April 2003 for the obligatory killing of the
animals and the obligatory destruction of the eggs.

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.

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 the Netherlands

The Netherlands may obtain a financial contribution from the
Community of 50 % of the eligible expenditure for:

(a) the swift and adequate compensation of the owners for
their animals killed and their eggs destroyed pursuant to
Article 5 of Directive 92/40/EEC and Article 10 of Council
Directive 90/425/EEC (5) under compulsory eradication
measures related to outbreaks of avian influenza which
occurred in 2003, pursuant to the provisions of the first
and seventh indents of Article 3(2) of Decision 90/424/EEC
and in accordance with this Decision;

(1) OJ L 224, 18.8.1990, p. 19.
(2) OJ L 122, 16.5.2003, p. 1.
(3) OJ L 167, 22.6.1992, p. 1.

(4) OJ L 160, 26.6.1999, p. 103.
(5) OJ L 224, 18.8.1990, p. 29.

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(b) the costs of the destruction of carcases, eggs, contaminated
feedingstuffs and equipment, the cleaning, disinsectisation
and disinfection of holdings and equipment, pursuant to
the provisions of the first, second and third indents of
Article 3(2) of Decision 90/424/EEC and in accordance
with this Decision.

Article 2

Definitions

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

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

— 100 % for payments beyond 136 days after the killing 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 other
well-founded justifications are introduced by the Netherlands.

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

The costs referred to in Article 1(b) eligible for a financial

4.
contribution shall only be those set out in Annex III.

(a) ‘swift and adequate compensation’ means payment, within

90 days:

The calculation of the financial contribution from the

5.
Community shall exclude:

— of the killing of the animals, for compensation corre-
sponding to the market value as defined in Article 3(1),

— of the destruction of the eggs, for compensation corre-
sponding to the market value as defined in Article 3(1);

(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 avian influ-
enza;

(c) ‘justified payments’ means payments for the purchase of
materials or services of which the nature and the direct link
with the compulsory killing of animals or the destruction
of the eggs, as referred to in Article 1(a) is demonstrated.

Article 3

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

The maximum eligible expenditure for the compensation
1.
of the owners of the animals and the eggs shall be based on the
market value figures for the different types of poultry and eggs
at different stages of their life cycle fixed in the tables presented
by the Netherlands on 23 April 2003. However, if the compen-
sations effectively paid by the Netherlands are limited to a
certain part of those market value figures, the eligible compen-
sation expenditure shall be calculated on the basis of this part.

2.
At the request of the Dutch authorities based on appro-
priate justification, it may be decided in accordance with the
procedure laid down in Article 41 of Decision 90/424/EEC to
adjust the calculation of the eligible expenditure in order to
take account of the evolution of relevant price indexes for
poultry and eggs in the Netherlands and surrounding Member
States.

3. When the compensation payments made by the Nether-
lands pursuant to Article 1(a) are effected after the 90-day
deadline laid down in Article 2(a), the eligible amounts shall be
reduced for expenditure effected after the deadline as follows:

(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.
Subject to the results of the eventual checks referred to in
Article 5, an advance of EUR 10 000 000 shall be paid on the
basis of supporting documents submitted by the Netherlands
concerning the swift and adequate compensation of owners for
the compulsory killing of the animals and compulsory destruc-
tion of the eggs in March and April 2003 pursuant to Article 5
of Directive 92/40/EEC and Article 10 of Directive 90/425/
EEC.

The balance of

2.
the financial contribution from the
Community shall be fixed in accordance with the procedure
laid down in Article 41 of Council Decision 90/424/EEC on
the basis of:

(a) a claim submitted in accordance with Annexes IA, IB and II

within the time limits provided for in paragraph 3;

(b) detailed documents confirming the figures in the claim

referred to in point (a);

(c) the results of

the eventual on-the-spot checks by the

Commission as referred to in Article 5.

The documents referred to in point (b) as well as relevant
commercial information shall be made available for on-the-spot
checks by the Commission.

The claim referred to in paragraph 2(a) shall be provided

3.
in computerised form in accordance with:

— Annexes IA and IB, 60 calendar days after the completion
the measures provided for by Commission Decision

of
2003/428/EC (1),

— Annex II within six months after the date referred to in the

first indent.

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

(1) OJ L 144, 12.6.2003, p. 15.

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Official Journal of the European Union

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When these deadlines are not observed, the financial contribu-
tion from the Community shall be reduced by 25 % for each
month of delay.

Article 6

Addressee

the justified request of

However, at
the
Commission may extend the six-month period mentioned in
the second indent.

the Netherlands,

This Decision is addressed to the Kingdom of the Netherlands.

Article 5

On-the-spot checks by the Commission

Done at Brussels, 24 September 2003.

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

For the Commission

David BYRNE

Member of the Commission

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A

I

X
E
N
N
A

B

I

X
E
N
N
A

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Official Journal of the European Union

L 249/57

ANNEX II

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Official Journal of the European Union

1.10.2003

ANNEX III

Eligible costs as referred to in Article 3(5)

1. Costs for the killing of the animals:

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

(b) consumables and specific equipment used for the killing;

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

2. Costs for the destruction of carcases:

(a) rendering: transport of carcases to the storage premises and to the rendering plant, storage of carcases, treatment

of carcases in the rendering plant and destruction 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 burying spot;

(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 burning plant.

3. Costs for the destruction of the eggs: salaries and fees for the staff specifically employed, combustibles or other mate-
rials used, materials specifically rented for the transport of the eggs and products used for the disinfection of the
destruction spot.

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) materials specifically rented for the transport and 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.