2004/598/EC: Commission Decision of 13 August 2004 on a financial contribution from the Community towards the eradication of classical swine fever in Luxembourg in 2003 (notified under document number C(2004) 3084)
Date: 2004-08-13
Institutions: European Commission
Subjects: EU aid, Luxembourg, aid to agriculture, animal plague, slaughter of animals, swine

L 267/54

EN

Official Journal of the European Union

14.8.2004

COMMISSION

COMMISSION DECISION

of 13 August 2004

on a financial contribution from the Community towards the eradication of classical swine fever in
Luxembourg in 2003

(notified under document number C(2004) 3084)

(Only the French text is authentic)

(2004/598/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

Having regard to Council Decision 90/424/EEC of 26 June
1990 on expenditure in the veterinary field (1), and in particular
Article 3(3) and Article 5(3) thereof,

Whereas:

(1)

classical

fever occurred in
An outbreak of
Luxembourg in 2003. The emergence of
this disease
represents a serious risk to the Community's livestock
population.

swine

(2) With a view to helping to eradicate the disease as rapidly
as possible, the Community may contribute financially to
eligible costs incurred 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 (2), veterinary and plant

(1) OJ L 224, 18.8.1990, p. 19. Directive as last amended by Directive
2003/99/EC of the European Parliament and of the Council (OJ L
325, 12.12.2003, p. 31).
(2) OJ L 160, 26.6.1999, p. 103.

(4)

(5)

(6)

(7)

undertaken

health measures
accordance with
Community rules shall be financed under the Guarantee
section of
the European Agricultural Guidance and
Guarantee Fund. The auditing of these measures comes
under Articles 8 and 9 of the said Regulation.

in

The payment of the Community financial contribution
must be subject
the planned
activities were actually implemented and the authorities
provide all
the necessary information within certain
deadlines.

to the condition that

On 12 March 2004, Luxembourg submitted an official
expenditure
request
incurred on its
request
1 351 animals were culled.

for
territory. According to this

reimbursement

the

for

all

The terms ‘swift and adequate compensation of
the
livestock farmers’ used in Article 3 of Decision
‘justified
90/424/EEC,
payments’ and the categories of eligible expenditure
‘other costs’ associated with the compulsory
under
culling should all be defined.

‘reasonable

payments’

and

The measures provided for
accordance with
Committee on the Food Chain and Animal Health,

in this Decision are in
Standing
the

opinion

the

of

14.8.2004

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Official Journal of the European Union

L 267/55

HAS DECIDED AS FOLLOWS:

Article 1

Granting of a financial contribution from the Community
to Luxembourg

In order to eradicate classical swine fever in 2003, Luxembourg
may benefit from a Community financial contribution for 50 %
of the expenditure incurred for:

(a)

the swift and adequate compensation of farmers forced to
cull their animals as part of the measures to eradicate the
outbreaks of classical swine fever in 2003, pursuant to the
provisions of the first and seventh indents of Article 3(2) of
Decision 90/424/EEC and in accordance with this Decision;

(b) the operational expenditure associated with the culling of
the animals, the destruction of carcasses and products, the
cleaning and disinfecting of premises and the cleaning and
disinfecting, or destruction if necessary, of contaminated
equipment, pursuant
the
second and third indents of Article 3(2) of Decision
90/424/EEC and in accordance with this Decision.

to the provisions of

the first,

2. When the compensation payments made by Luxembourg
pursuant to Article 1(a) 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,

— 50 % for payments made between 106 and 120 days after

the culling of the animals,

— 75 % for payments made between 121 and 135 days after

the culling of the animals,

— 100 % for payments beyond 135 days after the culling of

the animals.

lower

reductions or none

the Commission will apply a different

time-scale
However,
and/or
exceptional
management conditions are encountered for certain measures,
or
introduced by
Luxembourg.

if other well-founded justifications are

all,

at

if

Article 2

Definitions

In this Decision, the following definitions shall apply:

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

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

(a)

‘swift and adequate compensation’ means payment, within
90 days of the culling of the animals, for compensation
corresponding to the market value as defined in Article 3(1);

4.
The calculation of
Community shall exclude:

the financial contribution from the

(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 classical
swine fever;

(a) value added tax;

(b) salaries of civil servants;

(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, as referred to
in Article 1(a) is demonstrated.

Article 3

The eligible expenditure covered by the financial contri-
bution from the Community

1.
The maximum amount per animal of the compensation to
the owners of the animals shall be based on the market value
the animals had before their contamination or culling.

(c) use of public material other than consumables.

Article 4

Conditions for payment and supporting documentation

1.
The financial contribution from the Community shall be
fixed in accordance with the procedure laid down in Article 41
of Council Decision 90/424/EEC on the basis of:

(a) a claim submitted in accordance with Annexes I and II

within the time-limit provided for in paragraph 2;

L 267/56

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Official Journal of the European Union

14.8.2004

(b) detailed documents confirming the figures in the claim

referred to in point (a);

(c)

the results of
Commission as referred to in Article 5.

the on-the-spot checks,

if any, by the

The documents referred to in point
commercial
spot checks by the Commission.

(b) as well as relevant
information shall be made available for on-the-

Article 5

On-the-spot checks by the Commission

The Commission may make on-the-spot checks, with the co-
operation of the competent national authorities, on the imple-
mentation of the classical swine fever eradication measures and
the related costs incurred.

Article 6

Recipients

2.
The claim referred to in paragraph 1(a) shall be provided
in computerised form in accordance with Annex I and Annex II
within 60 calendar days after the notification of the present
Decision.

This Decision is addressed to the Grand Duchy of Luxembourg.

Done at Brussels, 13 August 2004.

When this deadline is not observed, the financial contribution
from the Community shall be reduced by 25 % for each month
of delay.

For the Commission

David BYRNE
Member of the Commission

14.8.2004

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Official Journal of the European Union

L 267/57

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L 267/58

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Official Journal of the European Union

14.8.2004

ANNEX II

Claim as referred to in Article 4

‘Other costs’ incurred for (if applicable) holding No … or list
(excluding compensation for the value of animals)

Item

Amount without VAT

Culling

Destruction of carcasses (transport and treatment)

Cleaning and disinfection (salary and products)

Feedingstuffs (compensation and destruction)

Equipment (compensation and destruction)

Total

14.8.2004

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Official Journal of the European Union

L 267/59

ANNEX III

Eligible costs as referred to in Article 3(3)

1. Costs for the compulsory culling of the animals:

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

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

(c)

the procurement of services or the renting of equipment used for transporting the animals to the culling place.

2. Costs for the destruction of carcasses:

(a) rendering: the procurement of services or the renting of equipment used for transporting carcasses to the storage
premises and to the rendering plant, the storage of carcasses, the treatment of carcasses in the rendering plant and
the destruction of the meal;

(b) burying: salaries and fees of staff specifically employed, the procurement of services or the renting of equipment
for the transport and the burying of the carcasses, and products used for the disinfection of the burying spot;

(c) burning: salaries and fees of staff specifically employed, combustibles or other materials used, the procurement of
services or the renting of equipment for the transport of the carcasses, and products used for the disinfection of
the burning plant.

3. Costs for the cleaning and disinfection of holdings:

(a) products used for cleaning and disinfection;

(b) salaries and fees for the staff specifically employed.

4. Costs for the destruction of contaminated feedingstuffs:

(a) compensation at purchase price of the feedingstuffs;

(b) the procurement of services or the renting of equipment for the transport and destruction of the feedingstuffs.

5. Cost related to the compensation for destruction of contaminated equipment at market value of such equipment.

Compensation costs for reconstruction or renewal of farm buildings, and infrastructure costs, are ineligible.