2003/848/EC: Commission Decision of 28 November 2003 approving the TSE eradication and monitoring programmes of Member States and certain Acceding Member States for 2004 and fixing the level of the Community's financial contribution (notified under document number C(2003) 4423)
Date: 2003-11-28
Institutions: European Commission
Subjects: Cyprus, EU Member State, Malta, Slovenia, action programme, animal disease, disease prevention, health control, shareholding, veterinary inspection

9.12.2003

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Official Journal of the European Union

L 322/11

II

(Acts whose publication is not obligatory)

COMMISSION

COMMISSION DECISION

of 28 November 2003

approving the TSE eradication and monitoring programmes of Member States and certain
Acceding Member States for 2004 and fixing the level of the Community's financial contribution

(notified under document number C(2003) 4423)

(2003/848/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(5)

Having regard to the Treaty establishing the European
Community,

Having regard to the Act of Accession of the Czech Republic,
the Republic of Estonia, the Republic of Cyprus, the Republic
of Latvia, the Republic of Lithuania, the Republic of Hungary,
the Republic of Malta, the Republic of Poland, the Republic of
Slovenia and the Slovak Republic, and in particular the first
paragraph of Article 32 thereof,

Having regard to Council Decision 90/424/EEC of 26 June
1990 on expenditure in the veterinary field (1), and in particular
Article 24(6) thereof,

Whereas:

(1)

(2)

(3)

(4)

Decision 90/424/EEC provides for the possibility of a
financial contribution by the Community in the eradica-
tion and monitoring of certain animal diseases.

The Member Sates and certain Acceding Member States
have submitted programmes to the Commission for the
eradication and monitoring of certain transmissible
spongiform encephalopathies (TSEs).

Article 32 of the Act of Accession of 2003 lays down
that the new Member States are to receive the same
treatment as the present Member States as regards
expenditure under veterinary funds.

However, no financial commitment under the 2004
budget for any programme concerned may be made
before the accession of the concerned Acceding Member
State has taken place.

(1) OJ L 224, 18.8.1990, p. 19. Decision as last amended by Regulation

(EC) No 806/2003 (OJ L 122, 16.5.2003, p. 1).

After examination, the programmes submitted by the
Member States and the concerned Acceding Member
States for the eradication and the monitoring of TSEs
were found to comply with Council Decision 90/638/
EEC of 27 November 1990 laying down Community
criteria for the eradication and monitoring of certain
animal diseases (2).

Those programmes appear on the priority list of
programmes for
the eradication and monitoring of
certain TSEs qualifying for financial contribution from
the Community in 2004 and which was established by
Commission Decision 2003/746/EC of 14 October
2003 on the list of programmes for the eradication and
monitoring of certain TSE qualifying for a financial
contribution from the Community in 2004 (3).

Regulation (EC) No 999/2001 of the European Parlia-
ment and of the Council of 22 May 2001 laying down
rules for the prevention, control and eradication of
certain transmissible spongiform encephalopathies (4),
provides for annual programmes for the eradication and
monitoring of TSEs
in bovine, ovine and caprine
animals.

In the light of the importance to eradicate and monitor
TSEs for the achievement of Community objectives in
the field of animal and public health, it is appropriate to
reimburse 100 % of the costs to be incurred by the
Member States and the concerned Acceding Member
States for the purchase of test kits up to a maximum
amount per test kit and per TSE monitoring programme.

(6)

(7)

(8)

(2) OJ L 347, 12.12.1990, p. 27. Decision as last amended by Directive

92/65/EEC (OJ L 268, 14.9.1992, p. 54).

(3) OJ L 269, 21.10.2003, p. 24.
(4) OJ L 147, 31.5.2001, p. 1. Regulation as last amended by Commis-
sion Regulation (EC) No 1915/2003 (OJ L 283, 31.10.2003, p. 29).

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(9)

(10)

(11)

(12)

is appropriate to reimburse
For the same reason it
100 % of the laboratory costs incurred by the Member
States and the concerned Acceding Member States for
the performance of genotyping tests up to a maximum
per test and per Scrapie eradication programme.

Council Regulation (EC) No 1258/1999 of 17 May 1999
on the financing of the common agricultural policy (1),
provides that programmes for the eradication and moni-
toring of animal diseases are to be financed under the
Guarantee
European Agricultural
the
Guidance and Guarantee Fund. For financial control
purposes, Articles 8 and 9 of that Regulation are to
apply.

Section

of

The Community's financial contribution should only be
granted subject to the condition that the programmes
for the eradication and monitoring of TSEs are carried
out efficiently and that
the Member States and the
concerned Acceding Member States supply all the neces-
sary information within specified time limits laid down
in this Decision.

There is a need to clarify the rate to be used for the
conversion of the payment applications submitted in
national currency as defined in Article 1(d) of Council
Regulation (EC) 2799/98 establishing agrimonetary
arrangements for the euro (2).

(13)

The measures provided for in this Decision are in
accordance with the opinion of the Standing Committee
on the Food Chain and Animal Health,

HAS ADOPTED THIS DECISION:

CHAPTER I

Approval of and financial contribution to TSE monitoring
programmes

Article 1

1.
The TSE monitoring programme submitted by Belgium is
hereby approved for the period from 1 January 2004 to 31
December 2004.

The Community's financial contribution shall not exceed

2.
EUR 3 351 000.

Article 2

1.
The TSE monitoring programme submitted by Denmark
is hereby approved for the period from 1 January 2004 to 31
December 2004.

The Community's financial contribution shall not exceed

2.
EUR 2 351 000.

(1) OJ L 160, 26.6.1999, p. 103.
(2) OJ L 349, 24.12.1998, p. 1.

Article 3

1.
The TSE monitoring programme submitted by Germany
is hereby approved for the period from 1 January 2004 to 31
December 2004.

The Community's financial contribution shall not exceed

2.
EUR 15 611 000.

Article 4

1.
The TSE monitoring programme submitted by Greece is
hereby approved for the period from 1 January 2004 to 31
December 2004.

The Community's financial contribution shall not exceed

2.
EUR 745 000.

Article 5

1.
The TSE monitoring programme submitted by Spain is
hereby approved for the period from 1 January 2004 to 31
December 2004.

The Community's financial contribution shall not exceed

2.
EUR 4 854 000.

Article 6

1.
The TSE monitoring programme submitted by France is
hereby approved for the period from 1 January 2004 to 31
December 2004.

The Community's financial contribution shall not exceed

2.
EUR 21 733 000.

Article 7

1.
The TSE monitoring programme submitted by Ireland is
hereby approved for the period from 1 January 2004 to 31
December 2004.

The Community's financial contribution shall not exceed

2.
EUR 5 386 000.

Article 8

The TSE monitoring programme submitted by Italy is
1.
hereby approved for the period from 1 January 2004 to 31
December 2004.

The Community's financial contribution shall not exceed

2.
EUR 6 283 000.

Article 9

1.
The TSE monitoring programme submitted by Luxem-
bourg is hereby approved for the period from 1 January 2004
to 31 December 2004.

The Community's financial contribution shall not exceed

2.
EUR 158 000.

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Article 10

1.
The TSE monitoring programme submitted by the Neth-
erlands is hereby approved for the period from 1 January 2004
to 31 December 2004.

The Community's financial contribution shall not exceed

2.
EUR 4 028 000.

Article 11

1.
The TSE monitoring programme submitted by Austria is
hereby approved for the period from 1 January 2004 to 31
December 2004.

The Community's financial contribution shall not exceed

2.
EUR 1 675 000.

Article 12

1.
The TSE monitoring programme submitted by Portugal is
hereby approved for the period from 1 January 2004 to 31
December 2004.

The Community's financial contribution shall not exceed

2.
EUR 1 012 000.

Article 13

The TSE monitoring programme submitted by Finland is
1.
hereby approved for the period from 1 January 2004 to 31
December 2004.

The Community's financial contribution shall not exceed

2.
EUR 1 060 000.

Article 14

The TSE monitoring programme submitted by Sweden is
1.
hereby approved for the period from 1 January 2004 to 31
December 2004.

The Community's financial contribution shall not exceed

2.
EUR 358 000.

Article 15

The TSE monitoring programme submitted by the United
1.
Kingdom is hereby approved for the period from 1 January
2004 to 31 December 2004.

The Community's financial contribution shall not exceed

2.
EUR 7 726 000.

Article 16

1.
The TSE monitoring programme submitted by Cyprus is
hereby approved for the period from 1 January 2004 to 31
December 2004.

The Community's financial contribution shall not exceed

2.
EUR 144 000.

Article 17

1.
The TSE monitoring programme submitted by Estonia is
hereby approved for the period from 1 January 2004 to 31
December 2004.

The Community's financial contribution shall not exceed

2.
EUR 103 000.

Article 18

1.
The TSE monitoring programme submitted by Malta is
hereby approved for the period from 1 January 2004 to 31
December 2004.

The Community's financial contribution shall not exceed

2.
EUR 37 000.

Article 19

1.
The TSE monitoring programme submitted by Slovenia is
hereby approved for the period from 1 January 2004 to 31
December 2004.

The Community's financial contribution shall not exceed

2.
EUR 353 000.

Article 20

The Community's financial contribution for the TSE monitoring
programmes referred to in Articles 1 to 19 shall be at the rate
of 100 % of the cost, value added tax excluded, of the purchase
of test kits subject to a maximum amount of EUR 8 per test
for tests carried out from 1 January to 31 December 2004 in
bovine, ovine and caprine animals referred to in Annex III to
Regulation (EC) No 999/2001.

CHAPTER II

Approval of

and financial

contribution to Scrapie

eradication programmes

Article 21

The

Scrapie

submitted by
1.
Denmark is hereby approved for the period from 1 January
2004 to 31 December 2004.

eradication programme

The Community's financial contribution shall not exceed

2.
EUR 5 000.

Article 22

The

Scrapie

1.
submitted by
Germany is hereby approved for the period from 1 January
2004 to 31 December 2004.

eradication programme

The Community's financial contribution shall not exceed

2.
EUR 755 000.

Article 23

1.
The Scrapie eradication programme submitted by Greece
is hereby approved for the period from 1 January 2004 to 31
December 2004.

The Community's financial contribution shall not exceed

2.
EUR 450 000.

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Article 24

Article 31

1.
The Scrapie eradication programme submitted by Spain is
hereby approved for the period from 1 January 2004 to 31
December 2004.

1.
The Scrapie eradication programme submitted by Finland
is hereby approved for the period from 1 January 2004 to 31
December 2004.

The Community's financial contribution shall not exceed

2.
EUR 435 000.

The Community's financial contribution shall not exceed

2.
EUR 5 000.

Article 25

Article 32

1.
The Scrapie eradication programme submitted by France
is hereby approved for the period from 1 January 2004 to 31
December 2004.

The Community's financial contribution shall not exceed

2.
EUR 1 160 000.

1.
The Scrapie eradication programme submitted by Sweden
is hereby approved for the period from 1 January 2004 to 31
December 2004.

The Community's financial contribution shall not exceed

2.
EUR 5 000.

Article 26

1.
The Scrapie eradication programme submitted by Ireland
is hereby approved for the period from 1 January 2004 to 31
December 2004.

The Community's financial contribution shall not exceed

2.
EUR 490 000.

Article 27

1.
The Scrapie eradication programme submitted by Italy is
hereby approved for the period from 1 January 2004 to 31
December 2004.

The Community's financial contribution shall not exceed

2.
EUR 3 210 000.

Article 28

1.
The Scrapie eradication programme submitted by the
Netherlands is hereby approved for the period from 1 January
2004 to 31 December 2004.

The Community's financial contribution shall not exceed

2.
EUR 675 000.

Article 29

The Scrapie eradication programme submitted by Austria
1.
is hereby approved for the period from 1 January 2004 to 31
December 2004.

The Community's financial contribution shall not exceed

2.
EUR 30 000.

Article 30

Scrapie

1.
The
Portugal
2004 to 31 December 2004.

submitted by
is hereby approved for the period from 1 January

eradication programme

Article 33

1.
The Scrapie eradication programme submitted by the
United Kingdom is hereby approved for the period from 1
January 2004 to 31 December 2004.

The Community's financial contribution shall not exceed

2.
EUR 7 460 000.

Article 34

The Scrapie eradication programme submitted by Cyprus
1.
is hereby approved for the period from 1 January 2004 to 31
December 2004.

The Community's financial contribution shall not exceed

2.
EUR 740 000.

Article 35

The Community's financial contribution for the Scrapie eradica-
tion programmes referred to in Articles 21 to 34 shall be at the
rate of 50 % of the cost to be incurred by the concerned
Member States and Acceding Member States for compensation
to owners for the value of their animals culled and destroyed in
accordance with their
eradication programme up to a
maximum of EUR 50 per animal, and at the rate 100 % of the
cost, value added tax excluded, of the analysis of samples for
genotyping up to a maximum of EUR 10 per genotyping test.

CHAPTER III

Conditions for the Community's financial contribution

Article 36

The Community's financial contribution shall not exceed

2.
EUR 255 000.

The conversion rate for applications submitted in national
currency in month ‘n’ shall be that of the 10th day of month
‘n + 1’ or for the first preceding day for which a rate is quoted.

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Article 37

(f) no other Community contribution has been or will be

The Community's financial contribution for

1.
the TSE
eradication and monitoring programmes referred to in Articles
1 to 34 shall be granted provided that the implementation of
those programmes are in conformity with the relevant provi-
sions of Community law, including rules on competition and
on the award of public contracts, and subject to the concerned
Member State or Acceding Member State complying with the
following conditions:

(a) bringing into force by 1 January 2004 the laws, regulations
and administrative provisions for implementing the TSE
eradication and monitoring programme;

(b) forwarding by 1 June 2004 at the latest, the preliminary
technical and financial evaluation of the programme,
in
accordance with Article 24(7) of Decision 90/424/EEC;

(c) forwarding a report to the Commission every month on
the progress of the TSE monitoring programme and the
costs incurred; the report shall be forwarded at the latest
four weeks after the end of each month;

(d) forwarding a final report, by 1 June 2005 at the latest, on
the technical execution of the TSE eradication and moni-
the costs
toring programme accompanied by proof of
incurred and the results attained during the period from 1
January to 31 December 2004;

(e) implementing the programme efficiently;

asked for these measures.

2.
In case the Member State or concerned Acceding Member
State does not comply with those rules, the Commission shall
reduce the contribution of the Community having regard to
the nature and gravity of the infringement, and to any financial
loss suffered by the Community.

CHAPTER IV

Final provisions

Article 38

This Decision shall apply from 1 January 2004.

This Decision is addressed to the Member States.

Article 39

Done at Brussels, 28 November 2003.

For the Commission

David BYRNE

Member of the Commission