2004/18/EC: Commission Decision of 23 December 2003 amending Decision 2003/749/EC on a first financial contribution from the Community towards the eligible costs of the eradication of avian influenza in Belgium in 2003 (Text with EEA relevance) (notified under document number C(2003) 5010)
Date: 2003-12-23
Institutions: European Commission
Subjects: Belgium, animal disease, health control, indemnification, poultry, slaughter of animals

9.1.2004

EN

Official Journal of the European Union

L 5/81

COMMISSION

COMMISSION DECISION

of 23 December 2003

amending Decision 2003/749/EC 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) 5010)

(Only the Dutch and French texts are authentic)

(Text with EEA relevance)

(2004/18/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 25 April 2003 measures have been taken to
the spread of avian influenza in Belgium
prevent
pursuant to Commission Decision 2003/289/EC of 25
April 2003 concerning protection measures in relation
to avian influenza in Belgium (2).

In Decision 2003/289/EC, Belgium 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 restricted zones and
in fixed delimited zones.

Belgium 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
Belgium.
is therefore appropriate that a financial
contribution from the Community should be granted to
Belgium in accordance with Decision 90/424/EEC to
cover the costs related to these precautionary measures
taken in 2003.

It

(6)

(7)

(8)

(9)

Commission Decision 2003/749/EC of 10 October
2003 on a first financial contribution from the Com-
munity towards the eligible costs of the eradication of
avian influenza in Belgium in 2003 (3) provided for an
advance of EUR 1,250 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.

Belgium provided also data on the costs incurred for the
execution of the measures imposed by Decision 2003/
289/EC.

According to the information made available, the total
estimated cost for the compensation of the owners of
the animals and the eggs is EUR 6 160 017.

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 Belgium and to
increase the advance payment to EUR 3 million.

Belgium introduced on 4 September 2003 a justified
request for the extension of the deadline for the presen-
tation 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 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 (4); the provisions of Article 3(3)
should be updated accordingly.

(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. 24. Decision as last amended by Decision

2003/388/EC (OJ L 133, 29.5.2003, p. 92).

(3) OJ L 271, 22.10.2003, p. 19.
(4) OJ L 224, 18.8.1990, p. 2. 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).

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Official Journal of the European Union

9.1.2004

(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,

— 100 % for payments beyond 136 days after the culling

of the animals or the destruction of the eggs.

HAS DECIDED AS FOLLOWS:

When the compensation payments made by Belgium
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,

Article 1

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

Decision 2003/749/EC is amended as follows:

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

1. The title of Decision 2003/749/EC is replaced by the

following:

— 100 % for payments beyond 106 days.’

‘Decision 2003/749/EC on the financial contribution from
the Community towards the eligible costs of the eradication
of avian influenza in Belgium in 2003’.

2. Article 1(a) is replaced by:

‘(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 Decision 2003/289/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, taken pursuant to
the above provisions, and in accordance with the
present Decision’.

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

‘3. When the compensation payments made by Belgium
pursuant to Article 5 of Directive 90/425/EEC and Article 3
of Decision 2003/289/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 as
follows:

— 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,

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 on condition the necessary
credits are made available, an advance of EUR 3 million
shall be paid on the basis of supporting documents
submitted by Belgium 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 Deci-
sion 2003/289/EC.’

(b) paragraph 3 is replaced by the following:

The claim referred to in paragraph 2 shall be

‘3.
provided in computerised form in accordance with:

— Annexes Ia and Ib, 60 calendar days for the compen-
sations referred to 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
the present 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 Belgium, the Commission may extend these
deadlines.

(*) OJ L 144, 12.6.2003, p. 15.’

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L 5/83

Article 2

Addressee

This Decision is addressed to the Kingdom of Belgium.

Done at Brussels, 23 December 2003.

For the Commission

David BYRNE

Member of the Commission