2004/51/EC: Commission Decision of 23 December 2003 on the financial contribution from the Community towards the eligible costs of the eradication of avian influenza in the Germany in 2003 (Text with EEA relevance) (notified under document number C(2003) 5009)
Date: 2003-12-23
Institutions: European Commission
Subjects: Germany, animal disease, balance of payments assistance, decontamination, disease prevention, health control, poultry, slaughter of animals

L 10/60

EN

Official Journal of the European Union

16.1.2004

COMMISSION DECISION

of 23 December 2003

on the financial contribution from the Community towards the eligible costs of the eradication of
avian influenza in the Germany in 2003

(notified under document number C(2003) 5009)

(Only the German text is authentic)

(Text with EEA relevance)

(2004/51/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

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)

(3)

(4)

As soon as the presence of avian influenza was officially
confirmed in 2003, Germany 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.

in order to prevent

Avian influenza represents a serious danger to Com-
munity stocks. Accordingly,
the
spread of that disease and contribute to its eradication,
the Community should contribute to eligible expendi-
tures incurred by Germany. It is therefore appropriate
that a financial contribution from the Community
should be granted to Germany under the provisions of
Decision 90/424/EEC in order to cover the costs related
to the outbreak of avian influenza in 2003.

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.

Pursuant to Article 3(2) of Council Regulation (EC) No
1258/1999 of 17 May 1999 on the financing of the
common agriculture policy (4), veterinary and plant
health measures undertaken in accordance with Com-
munity rules are to be financed under the Guarantee

(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. 1.
(4) OJ L 160, 26.6.1999, p. 103.

the European Agricultural Guidance and
Section of
Guarantee Fund. For financial control purposes, Articles
8 and 9 of Regulation (EC) No 1258/1999 apply.

Having regard to the uncertainty on the final eligible
amount needed to compensate the outbreak of
the
disease, the financial contribution at this stage should be
limited to an advance of EUR 135 000, for the eligible
costs incurred for the obligatory culling of the animals
and the obligatory destruction of the eggs.

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
accordance with the opinion of the Standing Committee
on the Food Chain and Animal Health,

(5)

(6)

(7)

HAS DECIDED AS FOLLOWS:

Article 1

Payment of a financial contribution from the Community
to Germany

Germany may obtain a financial contribution from the Com-
munity 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 10 of Council Directive 90/425/EEC (5) and Article
5 of Directive 92/40/EEC, under compulsory eradication
measures mentioned the first and seventh indent of Article
3(2) of Decision 90/424/EEC, related to outbreaks of avian
influenza which occurred in 2003, and in accordance with
the present Decision;

(b) the costs of the destruction of carcasses, eggs, contaminated
feedingstuffs and equipment, the cleaning, disinsectisation
and disinfection of holdings and equipment, mentioned in
under the first, second and third indents of Article 3(2) of
Decision 90/424/EEC, and in accordance with the present
Decision.

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

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Official Journal of the European Union

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Article 2

Definitions

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

3.
contribution shall only be those set out in Annex III.

The calculation of the financial contribution from the

4.
Community shall exclude:

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

(a) value added tax;

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

90 days:

— of the culling 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);

(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;

(c) ‘justified payments’ means payments for the purchase of
materials or services of which the nature and the direct link
with the compulsory culling 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

1.
The maximum eligible expenditure for the compensation
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 life cycle.

2. When the compensation payments made by Germany
pursuant to Article 1(a) are effected after the 90-day 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,

(b) salaries of civil servants;

(c) use of public material other than consumables.

Article 4

Conditions for payment and supporting documentation

supporting documents

1.
Subject to the results of the eventual checks referred to in
Article 5, an advance of EUR 135 000 shall be paid on the
basis of
submitted by Germany
concerning the swift and adequate compensation of owners for
the compulsory culling of the animals and compulsory destruc-
tion of the eggs in 2003 pursuant to Article 10 of Directive
90/425/EEC and Article 5 of Directive 92/40/EEC.

2.
The balance of the financial contribution from the Com-
munity 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 Ia, Ib 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 Ia, Ib and II
within 60 calendar days after the notification of this Decision.

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

When these deadlines are not observed, the financial contribu-
tion from the Community shall be reduced by 25 % for each
month of delay.

— 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.

Article 5

On-the-spot checks by the Commission

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 Germany.

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.

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Official Journal of the European Union

16.1.2004

This Decision is addressed to the Federal Republic of Germany.

Article 6

Addressee

Done at Brussels, 23 December 2003.

For the Commission

David BYRNE

Member of the Commission

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Official Journal of the European Union

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ANNEX II

Claim as referred to in Article 4

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Official Journal of the European Union

16.1.2004

ANNEX III

Eligible costs as referred to in Article 3(3)

1. Costs for the culling of the animals:

(a) salaries and fees of the culling-men specifically employed;

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

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

2. Costs for the destruction of carcasses:

(a) rendering: transport of carcasses to the storage premises and to the rendering plant, storage of carcasses, treat-

ment of carcasses 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 carcasses

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 carcasses 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.