2003/745/EC: Commission Decision of 13 October 2003 concerning a Community financial contribution for the eradication of classical swine fever in Germany in 2002 (notified under document number C(2003) 3584)
Date: 2003-10-13
Institutions: European Commission
Subjects: Germany, animal plague, balance of payments assistance, decontamination, health control, slaughter of animals

L 269/18

EN

Official Journal of the European Union

21.10.2003

COMMISSION

COMMISSION DECISION

of 13 October 2003

concerning a Community financial contribution for the eradication of classical swine fever in
Germany in 2002

(notified under document number C(2003) 3584)

(Only the German text is authentic)

(2003/745/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(4)

Having regard to the Treaty establishing the European
Community,

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

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,

(5)

On 19 June 2003, Germany submitted an official appli-
the expenditure
cation for the reimbursement of all
incurred on its territory.

Whereas:

(1)

Outbreaks of classical swine fever occurred in Germany
in 2002, representing a serious danger to the Commu-
nity livestock population.

(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)

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.

(6)

(7)

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 equal to 50 %
of the Community contribution established on the basis
of the costs presented (EUR 1 675 000) for compensa-
tion for the slaughter of pigs,
limiting the amount of
‘other costs’ to 10 % of the amount of this compensation
for the time being.

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.

(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.

(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,

21.10.2003

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Official Journal of the European Union

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HAS ADOPTED THIS DECISION:

Article 4

Article 1

Granting of Community financial assistance to Germany

In order to eradicate classical swine fever in 2002, Germany 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 eradicate the outbreaks of classical swine fever that
occurred in 2002, pursuant to Article 3(2), seventh indent,
of Decision 90/424/EC and this decision;

(b) operating expenditure associated with the destruction of
the contaminated animals and products, as well as cleaning
and disinfecting of premises and the disinfecting or destruc-
tion, where necessary, of contaminated equipment, under
the conditions provided for in Article 3(2), first, second and
third indents, of Decision 90/424/EEC and this decision.

Article 2

Definitions

The following definitions apply to this decision:

(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;

the slaughter of

(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 460 000 shall be paid as part of
the Community financial contribution mentioned in Article 1,
on the basis of supporting documents submitted by Germany
relating to the swift and adequate compensation of owners for
the compulsory slaughter, the destruction of the animals and, if
necessary, the products used for the cleaning, disinfecting and
disinsectisation of the holdings and equipment and the destruc-
tion of contaminated feeds and equipment.

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 operational expenditure covered by the Com-
munity contribution

1.
The non-compliance of the German authorities with the
payment deadline in Article 2(a) has led to a reduction in the
eligible amounts, in accordance with the rules 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 Germany 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 of this Article;

(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.

2.
The application referred to in paragraph 1(a) must be
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.

L 269/20

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Official Journal of the European Union

21.10.2003

Article 6

Commission in situ inspections

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

This Decision is addressed to the Federal Republic of Germany.

Article 7

Addressee

Done at Brussels, 13 October 2003.

For the Commission

David BYRNE

Member of the Commission

21.10.2003

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Official Journal of the European Union

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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 abattoir workers;

(b) consumables (bullets, T61, tranquillisers, etc.) and specific slaughtering equipment;

(c) equipment used to transport the animals to the abattoir.

2. Costs associated with destroying the animals:

(a) rendering: 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 cleaning, disinfecting and disinsecting holdings:

(a) products used for cleaning, disinfecting and disinsecting;

(b) wages and remuneration for staff specifically employed.

4. Costs associated with destroying contaminated feed:

(a) compensation for purchase price of feeds;

(b) destruction of the feeds.

5. Costs associated with compensation for the destruction of contaminated equipment at its market value. The cost of
compensation for the reconstruction or renovation of farm buildings and infrastructure costs shall not be eligible.

Application for a contribution towards compensation for the cost of animals compulsorily slaughtered

ANNEX II

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Official Journal of the European Union

L 269/23

Application for a contribution towards compensation for other eligible costs associated with the compulsory
slaughter

ANNEX III