2003/677/EC: Commission Decision of 24 September 2003 concerning a Community financial contribution for the eradication of ovine catarrhal fever in Italy in 2001 and 2002 (notified under document number C(2003) 3326)
Date: 2003-09-24
Institutions: European Commission
Subjects: EU control, Italy, animal disease, balance of payments assistance, sheep, slaughter of animals, slaughter premium

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Official Journal of the European Union

1.10.2003

COMMISSION DECISION

of 24 September 2003

concerning a Community financial contribution for the eradication of ovine catarrhal fever in Italy
in 2001 and 2002

(notified under document number C(2003) 3326)

(Only the Italian text is authentic)

(2003/677/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,

(7)

(8)

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

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)

Outbreaks of ovine catarrhal fever occurred in Italy in
2001 and 2002, representing a serious danger to the
Community livestock population.

HAS ADOPTED THIS DECISION:

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

(3)

(4)

(5)

(6)

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 financial contribution from the
Community must be subject to the condition that the
actions planned have been efficiently carried out and
that the authorities supply all the necessary information
within the time limits laid down.

On 17 July 2002, Italy presented an application for the
reimbursement of its costs for eradicating the disease.
According to the information available, around 170 000
sheep and goats were slaughtered.

Pending checks by the Commission, it is now necessary
to set the amount of an advance on the Community
financial assistance. This advance must be 50 % of the
Community contribution based on an estimate of the
cost of compensation for livestock and reimbursement
of other costs.

(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 Community financial assistance to Italy

In order to eradicate ovine catarrhal fever in 2001 and 2002,
Italy is eligible for a Community financial contribution equal to
50 % of the expenses incurred for:

(a) the swift and adequate compensation of

the livestock
farmers forced to cull their animals as part of the measures
to combat
fever that
the outbreaks of ovine catarrhal
occurred in 2001 and 2002, pursuant to the seventh indent
of Article 3(2) of Decision 90/424/EEC and this decision;

(b) the destruction of the contaminated animals and disinsecti-
sation, under the conditions provided for in the first,
second and third indents of Article 3(2) of Decision 90/
424/EEC and this decision.

Article 2

Definitions

The following definitions apply to this decision:

the slaughter of

(a) ‘swift and adequate compensation’: payment, within 90
days of
the animals, of compensation
corresponding to the market value of the animals immedi-
ately before they became infected or were slaughtered or
destroyed;

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(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;

(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.

Article 3

Payment arrangements

1.
Subject to the results of the checks referred to in Article
6 below, an advance of EUR 4 000 000 shall be paid, as part of
the Community financial contribution mentioned in Article 1,
on the basis of supporting documents submitted by Italy
relating to the swift and adequate compensation of owners for
the compulsory slaughter, the destruction of the animals and, if
the products used for the disinsectisation of the
necessary,
holdings.

2.
Once the inspections 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.

Eligible

expenditure

Article 4

covered
contribution

by

the Community

1.
The non-compliance of the Italian authorities with the
payment deadline referred to in Article 2(a) has led to a reduc-
in accordance with the rules
tion in the eligible amounts,
below:

— 25 % reduction for payments made between 91 and 105

days after slaughter of the animals,

— 50 % reduction for payments made between 106 and 120

days after slaughter of the animals,

— 75 % reduction for payments made between 121 and 135

days after slaughter of the animals,

— 100 % reduction for payments made later than 136 days

after slaughter of the animals.

However, the Commission will apply a different scale and/or
lower reduction rates (or a zero reduction rate)
if specific
management conditions can be demonstrated for certain
measures or if Italy provides a well-grounded justification for
the delay.

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

3.

It does not include:

(a) value added tax;

(b) officials' wages;

(c) the use of public equipment, except consumables.

Article 5

Payment conditions and supporting documents

The Community financial contribution referred to in

1.
Article 1 is paid on the basis of the following documents:

(a) an application submitted in accordance with Annexes II

and III, within the deadline in paragraph 2;

(b) the supporting documents in Article 3(1),

including an
epidemiological report on each holding where animals have
been culled and destroyed, as well as a financial report;

(c) the results of any in situ Commission inspections, as

referred to in Article 6.

The documents referred to in (b) above must be made available
for the Commission's in situ audits.

The application referred to in paragraph 1(a) must be
2.
provided in computerised form in accordance with Annexes II
and III within 30 calendar days of the date of notification of
this Decision. If this time limit is not observed, the financial
contribution from the Community shall be reduced by 25 %
for every month of delay.

Article 6

Commission in situ inspections

The Commission, in collaboration with the competent Italian
authorities, may conduct in situ inspections relating to the
implementation of the measures in Article 1 and the associated
costs.

Article 7

Addressee

This Decision is addressed to the Italian Republic.

Done at Brussels, 24 September 2003.

For the Commission

David BYRNE

Member of the Commission

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ANNEX I

Eligible expenditure, as referred to in Article 4(2)

1. Costs associated with slaughtering the animals:

(a) wages and remuneration for workers specifically employed to slaughter the animals;

(b) consumables and equipment used specifically for the slaughtering.

2. Costs associated with destroying the animals:

(a) rendering: staff specifically employed, transport of carcases to the rendering plant, processing of the carcases in

the rendering plant and destruction of the meals;

(b) burial: staff specifically employed, equipment expressly hired to transport and bury the carcases and products

used for disinfecting the holding;

(c) incineration: staff specifically employed, fuel or other equipment used, equipment expressly hired to transport the

carcases and products used for disinfecting the holding.

3. Costs associated with the disinsectisation of the holdings:

(a) products used for the disinsectisation;

(b) wages and remuneration for staff specifically employed.

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I
I

X
E
N
N
A

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ANNEX III