2003/749/EC: Commission Decision of 10 October 2003 on a first financial contribution from the Community towards the eligible costs of the eradication of avian influenza in Belgium in 2003 (notified under document number C(2003) 3559)
Date: 2003-10-10
Institutions: European Commission
Subjects: Belgium, EU financing, avian influenza, balance of payments assistance, egg, grubbing premium, health control, poultry, slaughter of animals, veterinary inspection

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Official Journal of the European Union

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(Acts whose publication is not obligatory)

COMMISSION

COMMISSION DECISION

of 10 October 2003

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

(notified under document number C(2003) 3559)

(Only the Dutch and French texts are authentic)

(2003/749/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(3)

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,

Whereas:

(1)

(2)

As soon as the presence of avian influenza was officially
confirmed in 2003, Belgium reported that it had imme-
diately 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 Regulation (EC)
No 806/2003, 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.

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 Belgium. It is therefore appropriate that a
financial contribution from the Community should be
granted to Belgium under the provisions of Decision 90/
424/EEC in order to cover the costs related to the
outbreak of avian influenza in 2003.

(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. 16.

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 the present Decision.

On 13 June 2003, Belgium 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
evolution in Belgium and
surrounding Member States.

the price

Pursuant to Article 3(2) of Council Regulation (EC) No
1258/1999 of 17 May 1999 on the financing of the
common agricultural 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 exercise, and to the
uncertainty on the final eligible amount needed to
compensate the outbreak of the disease, the financial
this stage should be limited to an
contribution at
advance covering 50 % of the eligible costs incurred for
the obligatory killing of the animals and the obligatory
destruction of the eggs.

(4)

(5)

(6)

(4) OJ L 160, 26.6.1999, p. 103.

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(7)

(8)

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 DECIDED AS FOLLOWS:

Article 1

Payment of a financial contribution from the Community
to Belgium

Belgium may obtain a financial contribution from the Commu-
nity 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 (1) under compulsory eradication
measures related to outbreaks of avian influenza which
occurred in 2003, pursuant to the provisions of the first
and seventh indent of Article 3(2) of Decision 90/424/EEC
and in accordance with the present Decision;

(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 indent of
Article 3(2) of Decision 90/424/EEC and in accordance
with the present Decision.

Article 2

Definitions

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

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

90 days:

— 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);

(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 lifecycle fixed in the tables presented
by Belgium on 13 June 2003. However, if the compensations
effectively paid by Belgium are limited to a certain part of those
market value figures,
the eligible compensation expenditure
shall be calculated on the basis of this part.

At the request of the Belgian authorities, based on appro-
2.
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 Belgium and surrounding Member States.

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

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

— 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 time scale 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 Belgium.

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

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

The calculation of the financial contribution from the

5.
Community shall exclude:

(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;

(a) value added tax;

(b) salaries of civil servants;

(1) OJ L 224, 18.8.1990, p. 29.

(c) use of public material other than consumables.

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Conditions for payment and supporting documentation

first indent.

Article 4

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

When these deadlines are not observed, the financial contribu-
tion from the Community shall be reduced by 25 % for each
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 avian influenza eradication measures and the
related costs incurred.

Article 6

Addressee

This Decision is addressed to the Kingdom of Belgium.

Done at Brussels, 10 October 2003.

For the Commission

David BYRNE

Member of the Commission

supporting

1.
Subject to the results of the eventual checks referred to in
Article 5, an advance of EUR 1 250 000 shall be paid on the
submitted by Belgium
basis of
concerning the swift and adequate compensation of owners for
the compulsory killing of the animals and compulsory destruc-
tion of the eggs in 2003 pursuant to Article 5 of Directive 92/
40/EEC and Article 10 of Directive 90/425/EEC.

documents

The balance of

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

(a) a claim submitted in accordance with Annexes I A, I B 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 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 I A and I B, 60 calendar days after the completion
the measures provided for by Commission Decision

of
2003/428/EC (1),

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

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A

I

X
E
N
N
A

B

I

X
E
N
N
A

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ANNEX II

Claim as referred to in Article 4

ANNEX III

Eligible costs as referred to in Article 3(5)

1. Costs for the slaughter of the animals:

(a) salaries and fees of the slaughterers specifically employed;

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

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

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.