2004/27/EC: Commission Decision of 23 December 2003 amending Decision 2003/678/EC on a first financial contribution from the Community towards the eligible costs of the eradication of avian influenza in the Netherlands in 2003 (Text with EEA relevance) (notified under document number C(2003) 4980)
Date: 2003-12-23
Institutions: European Commission
Subjects: EU financing, Netherlands, animal disease, disease prevention, indemnification, poultry, slaughter of animals

10.1.2004

EN

Official Journal of the European Union

L 6/45

COMMISSION DECISION

of 23 December 2003

amending Decision 2003/678/EC 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) 4980)

(Only the Dutch text is authentic)

(Text with EEA relevance)

(2004/27/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(5)

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), and in particular
Articles 3(3) and 5(3) thereof,

Whereas:

(1)

(2)

(3)

(4)

Since March 2003, a number of measures have been
taken to prevent the spread of avian influenza in the
Netherlands by a series of decisions, the most recent
being Commission Decision 2003/290/EC of 25 April
2003 concerning protective measures in relation to
avian influenza in the Netherlands (2).

In Decision 2003/290/EC, and in the two decisions
preceding that Decision, namely Commission Decisions
2003/214/EC (3) and 2003/258/EC (4), the Netherlands
was required to ensure the preventive depopulation of
poultry holdings at risk and the culling of other poultry
and birds which are considered to be at risk within the
restricted zones and in fixed delimited zones.

The Netherlands
took the necessary precautionary
measures in order to avoid the spread of avian influenza.

Avian influenza represents a serious danger to Com-
munity stocks. Accordingly, 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 finan-
cial contribution from the Community should be granted
to the Netherlands in accordance with Decision 90/424/
EEC to cover the costs related to the precautionary
measures taken in 2003.

(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).

(2) OJ L 105, 26.4.2003, p. 28. Decision as last amended by Decision

2003/443/EC (OJ L 150, 18.6.2003, p. 64).

(3) OJ L 81, 28.3.2003, p. 48.
(4) OJ L 95, 11.4.2003, p. 65.

Commission Decision 2003/678/EC of 24 September
2003 on a first financial contribution from the Com-
munity towards the eligible costs of the eradication of
avian influenza in the Netherlands in 2003 (5) provided
for an advance of EUR 10 million for the compulsory
culling of the animals and the compulsory destruction of
the eggs in 2003. However, it is now possible to esti-
mate with a greater degree of certainty how much
compensation will be payable.

The Netherlands provided also data on the costs incurred
for the execution of the measures imposed by Decisions
2003/214/EC, 2003/258/EC and 2003/290/EC.

According to that information, the total estimated cost
for the compensation of the owners of the animals and
the eggs is, without prejudice to the outcome of the legal
procedures, EUR 82,6 million.

On condition that the necessary credits are made avail-
able in 2003, it is appropriate for the Community to
contribute to the costs incurred by the Netherlands and
to increase the advance payment to EUR 40 million.

The Netherlands introduced on 21 October 2003 a justi-
fied request for the extension of the deadline for the
presentation of the claim for the compensations granted
for the destroyed hatching eggs and culled one-day-old
chickens following the restrictions imposed to the trans-
port decided pursuant to Council Directive 90/425/EEC
of 26 June 1990 concerning veterinary and zootechnical
checks applicable in intra-Community trade in certain
live animals and products with a view to the completion
of the internal market (6); the provisions of Article 3(3)
should be updated accordingly.

(6)

(7)

(8)

(9)

(10)

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

(5) OJ L 249, 1.10.2003, p. 53.
(6) OJ L 224, 18.8.1990, p. 29. Directive as last amended by Directive
2002/33/EC of the European Parliament and of the Council (OJ L
315, 19.11.2002, p. 14).

L 6/46

EN

Official Journal of the European Union

10.1.2004

HAS ADOPTED THIS DECISION:

Article 1

Decision 2003/678/EC is amended as follows:

1. The title of Decision 2003/678/EC is replaced by the

following:
‘Decision 2003/678/EC on the financial contribution from
the Community towards the eligible costs of the eradication
of avian influenza in the Netherlands in 2003’.

2. Article 1(a) is replaced by the following:

‘(a) the swift and adequate compensation of the owners for
their animals killed and their eggs destroyed pursuant
to:
— Article 10 of Directive 90/425/EEC,

— Article 5 of Directive 92/40/EEC and

— Article 3 of Decisions 2003/214/EC, 2003/258/EC
and 2003/290/EC under compulsory eradication
measures mentioned under the first and seventh
indents of Article 3(2) of Decision 90/424/EEC,
related to outbreaks of avian influenza which
occurred in 2003,
to the above
provisions, and in accordance with the present Deci-
sion.’

taken pursuant

3. Article 3(3) is replaced by the following:

‘3. When the compensation payments made by the Neth-
erlands pursuant to Article 5 of Directive 92/40/EEC and
Article 3 of Decisions 2003/214/EC, 2003/258/EC and
2003/290/EC 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 in accordance
with the following:
— 25 % for payments made between 91 and 105 days after
the culling of the animals or the destruction of the eggs,

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

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

— 100 % for payments beyond 136 days after the culling

of the animals or the destruction of the eggs.

When the compensation payments made by the Netherlands
pursuant to Article 10 of Directive 90/425/EEC are effected
more than 60 days after the notification of this Decision,
the eligible amounts shall be reduced for expenditure
effected after the deadline in accordance with the following:
— 25 % for payments made between 61 and 75 days,

— 50 % for payments made between 76 and 90 days,

— 75 % for payments made between 91 and 105 days,

— 100 % for payments beyond 106 days.’

4. Article 4 is amended as follows:

(a) paragraph 1 is replaced by the following:

Subject

to the results of

‘1.
the eventual checks
referred to in Article 5 and provided that the necessary
credits are made available, an advance of EUR 40
million shall be paid on the basis of supporting docu-
ments submitted by the Netherlands concerning the
swift and adequate compensation of owners for the
compulsory culling of
the animals and compulsory
destruction of the eggs in 2003 pursuant to Article 10
of Directive 90/425/EEC, Article 5 of Directive 92/40/
EEC, and Article 3 of Decisions 2003/214/EC, 2003/
258/EC and 2003/290/EC.’;

(b) paragraph 3 is replaced by the following:

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

‘3.
provided in computerised form in accordance with:
— Annexes IA and IB, within 60 calendar days for the
compensations referred to in the second indent of
Article 1(a) after the lifting of the restrictions as
provided for by Commission Decision 2003/428/
EC (*), and within 90 days for the compensations
referred to in the first and third indents of Article
1(a) after notification of this Decision,

— Annex II within six months after the lifting of the

restrictions referred to in the first indent.

When these deadlines are not observed, the financial
contribution from the Community shall be reduced by
25 % for each month of delay. However, at the justified
request of the Netherlands, the Commission may extend
the deadlines.

(*) OJ L 144, 12.6.2003, p. 15.’

Article 2

This Decision is addressed to the Kingdom of the Netherlands.

Done at Brussels, 23 December 2003.

For the Commission

David BYRNE

Member of the Commission