Commission Regulation (EC) No 349/2005 of 28 February 2005 laying down rules on the Community financing of emergency measures and of the campaign to combat certain animal diseases under Council Decision 90/424/EEC
Date: 2005-02-28
Institutions: European Commission
Subjects: EU Member State, EU financing, animal disease, economic support, financial aid, indemnification, operational expenditure (EU), slaughter of animals, slaughter premium

L 55/12

EN

Official Journal of the European Union

1.3.2005

COMMISSION REGULATION (EC) No 349/2005

of 28 February 2005

laying down rules on the Community financing of emergency measures and of the campaign to
combat certain animal diseases under Council Decision 90/424/EEC

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

Having regard to Council Regulation (EC) No 1258/1999 of 17
May 1999 on the financing of
the common agricultural
policy (1), and in particular Article 3(4) thereof,

Whereas:

(1)

(2)

(3)

(4)

Articles 3, 4, 6 and 11 of Council Decision 90/424/EEC
of 26 June 1990 on expenditure in the veterinary field (2)
provide
to
compliance with certain rules,
from a Community
financial contribution for the eradication of diseases, in
the situations described in those Articles.

for Member States

to benefit,

subject

90/424/EEC,

In accordance with Article 6(3) and Article 11(5) of
such
Decision
financial contributions must set out the eligible costs,
and Articles 4 and 11 refer to the provisions, particularly
the procedural provisions, of Article 3.

decisions

relating

to

By virtue of Article 40a of Decision 90/424/EEC, expen-
that
diture subject
to funding under
Decision is managed directly by the Commission,
in
accordance with Article 148 of Council Regulation (EC,
Euratom) No 1605/2002 of 25 June 2002 on the
Financial Regulation applicable to the general budget of
the European Communities (3).

the terms of

However, Regulation (EC) No 1258/1999 does not
include any rules on the management of such appro-
priations. Furthermore, Decision 90/424/EEC lays down
eligibility conditions for Community financial contri-
butions. Those conditions need to be clarified.

(5) With a view to achieving simplification and transparency
these appropriations,
in the financial management of
ensuring
and
avoiding the risk of overvaluing animals or products
eligible for compensation,
it would appear appropriate
to provide detailed clarifications and to lay down rules

for Member States

treatment

equal

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

(3) OJ L 248, 16.9.2002, p. 1.

applicable to requests for reimbursement submitted by
Member States, especially with regard to the period
within which payment should be made to the owner
of the animals or products, and the amounts eligible
for Community financial support.

In order to ensure sound financial management, rapid
information on disease management is needed, and in
particular regular estimates of the expenditure incurred
by Member States.

Under Article 3(2) of Regulation (EC) No 1258/1999,
veterinary and plant health measures undertaken in
accordance with Community rules must be financed by
the Guarantee section of
the European Agricultural
Guidance and Guarantee Fund. Articles 8 and 9 of that
Regulation apply for the purposes of financial control.

In view of the special characteristics of equidae breeding
and their consequences for the management of equidae
diseases, it is necessary to exclude equidae from the scope
of this Regulation, without prejudice to the provisions of
Decision 90/424/EEC.

for

It is necessary to specify the rate to be applied when
converting requests
submitted in
national currencies within the meaning of Article 1(d)
of Council Regulation (EC) No 2799/98 of 15
December 1998 establishing agrimonetary arrangements
for the euro (4).

reimbursement

(6)

(7)

(8)

(9)

(10)

The rules for the conduct of financial audits need to be
specified.

(11)

The Commission should have the possibility of adjusting
the deadlines and reduction rates for eligible expenditure
contained in this Regulation, where well-founded justifi-
cations are put forward by Member States, especially in
administrative
connection with the
provisions.

adaptation of

(12)

The measures provided for
in this Decision are in
accordance with the opinion of the Committee of the
European Agricultural Guidance and Guarantee Fund,

(4) OJ L 349, 24.12.1998, p. 1.

1.3.2005

EN

Official Journal of the European Union

L 55/13

HAS ADOPTED THIS REGULATION:

Article 1

Scope

1.
This Regulation applies to Community financial contri-
butions granted to Member States in respect of eligible expen-
diture as defined in Articles 3, 4 and 5, for disease eradication
measures in the situations referred to in Article 3(1) of Decision
90/424/EEC, with the exception of equidae diseases, and also in
Article 4(1) and (2), Article 6(2), and Article 11(1) of that
Decision.

2. Without prejudice to the adoption of additional eligibility
criteria which may be laid down by decisions under Articles
3(4), 6(2) and (3) and 11(4) of Decision 90/424/EEC (here-
inafter referred to as ‘specific decisions’), application of this
Regulation may be extended, through such decisions, to the
referred to in
than those
financing of measures other
paragraph 1 of this Article, and in particular:

(a)

to compensation for losses referred to in point (a)(v) of
Article 11(4) of Decision 90/424/EEC in the event of vacci-
nation; and

(c)

expenditure’:

‘reasonable
incurred in purchasing
costs
equipment or services at prices that are disproportionate
to the market value before diagnosis of the disease;

(d) ‘necessary

expenditure’:

incurred

in purchasing
costs
equipment or services as referred to in Article 3(2) of
Decision 90/424/EEC, or in points (a)(i) to (iv) and point
(b) of Article 11(4) thereof, where their nature and direct
link with eligible expenditure as defined in Article 3 of this
Regulation have been shown;

(e)

‘compulsory slaughter’: compulsory slaughter in declared
areas and preventive slaughter if explicitly ordered and
carried out owing to a specific health risk (as a result of
contact, adjacent location, suspicion or suppressive vacci-
nation).

The definitions in points (a) to (d) shall also apply in the event
of compulsory destruction of eggs.

(b) to operational expenditure associated with the measures
and 6(2) of Decision

referred to in Articles 3(2a)
90/424/EEC.

Expenditure eligible for Community financial support

Member States shall benefit from Community financial support
in respect of the following:

Article 3

This Regulation shall not prejudice the principle that the
3.
eligibility of expenditure,
incurred and covered by Member
States, for a Community financial contribution is subject to
compliance with Community rules.

(a) swift and adequate compensation to owners forced to
to destroy
in accordance with the first and seventh indents of
(a)(i) of

slaughter their animals or, where applicable,
eggs,
Article 3(2) of Decision 90/424/EEC and point
Article 11(4) thereof;

Article 2

Definitions

For the purposes of this Regulation the following definitions
shall apply:

(a)

‘swift and adequate compensation’: payment, within 90 days
of the slaughter of the animals, of compensation corre-
sponding to the market value of the animals;

(b) operational expenditure paid out in connection with the
compulsory slaughter and destruction of animals and
disinfecting of
contaminated products,
or, where
buildings,
cleaning
and
necessary, destruction of
in
accordance with the first, second and third indents of
Article 3(2), and points (a)(i) to (a)(iv) and (b) of Article
11(4) of Decision 90/424/EEC;

cleaning
and
contaminated equipment,

and
disinfecting

(b) ‘market value’: the price which the owner would normally
have been able to obtain for the animal immediately before
it became infected or was slaughtered, taking account of its
fitness, quality and age;

(c) expenditure paid out in connection with other measures
capable of adoption in the context of, and in accordance
with, the conditions laid down in specific decisions relating
to the Community financial contribution to such measures,
and in particular expenditure on any vaccination measures.

L 55/14

EN

Official Journal of the European Union

1.3.2005

Calculation of the maximum eligible compensation per
animal

particular means of
consumables;

Article 4

(c) expenditure arising from the use of public equipment,

in
transport, with the exception of

The unit value per animal or product taken into account
1.
in calculating Community financial support shall be restricted to
an average unit value calculated on the basis of
the total
amount of
animals or products
concerned, divided by the number of corresponding animals
or products. The amount shall not exceed:

compensation for

the

(a) EUR 900 per bovine animal slaughtered;

(b) EUR 125 per pig slaughtered;

(c) EUR 100 per sheep or goat slaughtered;

(d) EUR 2,20 per laying hen slaughtered; EUR 1,20 per broiler

hen slaughtered,

(e) EUR 0,20 per hatching egg destroyed; EUR 0,04 per table

egg destroyed.

Where the average unit value calculated exceeds the maximum
amounts stipulated in the first subparagraph, and where it is
justified to do so on the basis of the market values commu-
nicated by Member States pursuant
to Article 6(1) and the
observations made in connection with the audits referred to
in Article 10, the Commission shall take the calculated value
as the basis for calculating the Community contribution.

2.
The maximum amounts laid down in paragraph 1 shall be
updated and supplemented by the Commission in respect of all
or some of the animal categories or products, in order to take
account of market trends and the inflation rate.

Article 5

Calculation of Community support for operational expen-
diture

Community financial support for the expenditure referred
1.
to in Article 3(b) and (c) shall cover only necessary and
reasonable expenditure relating to the eligible items of expen-
diture set out in Annex I.

(d) compensation for non-compulsory slaughter;

(e) compensation paid in addition to other Community
in contravention of

support, such as slaughter premiums,
Community rules;

(f) compensation linked to the destruction or renovation of
infrastructure costs and costs linked to
losses or unemployment associated with the

farm buildings,
financial
presence of the disease or a ban on restocking.

Article 6

Information required prior to the granting of Community
financial support

1.
If one of the situations referred to in Article 1(1) is iden-
tified in the territory of a Member State, the Member State shall
inform the Commission, within 30 days of official confirmation
of the first outbreak, of the categories of animals or products
concerned and the market values for each of those categories.

2.
No later than two months after official confirmation of
the first outbreak, and every two months thereafter, the Member
State shall forward an electronic file in the format shown in
Annex IIa containing the following core information on the
cost of compensation: number of slaughtered animals per
category; where applicable the number of eggs destroyed; and
the total amount of compensation already granted for each
category.

3.
No later than three months after official confirmation of
the first outbreak, and every two months thereafter, the Member
State shall forward an electronic file in the format shown in
Annex IIb containing the following core information on opera-
slaughtered animals,
tional expenditure: amounts paid for
and milk,
transport
cleaning, disinfecting and disinsectisation of
the holding,
destruction of feedingstuffs and, where applicable, destruction
of equipment.

and destruction of

carcasses,

eggs

Calculation of

2.
the amount of Community financial
support shall exclude expenditure presented by the Member
State, and in particular:

Payment conditions and supporting documents

The Community financial support referred to in Article 3

1.
shall be paid on the basis of the following:

Article 7

(a) value added tax and other taxes;

(b) salaries of civil servants or public employees;

(a) an official request for reimbursement, accompanied by a
this

in accordance with paragraph 2 of

financial report
Article;

1.3.2005

EN

Official Journal of the European Union

L 55/15

(b) the supporting documents listed in Annex V, showing the
the various measures for which a Community

costs of
contribution is requested;

Member States shall inform the Commission, at its request, of
the measures adopted for these purposes.

(c) an epidemiological

report on each holding where the

animals have been slaughtered and destroyed;

(d) the results of the audits referred to in Article 10, where

applicable.

The supporting documents referred to in point (b), together
relevant
with all
infor-
mation,
shall be made available to the Commission, on
request, for on-the-spot audits which it has to carry out.

including commercial

information,

The ‘adequate compensation’

referred to in point

the financial
2.
report
(a) of paragraph 1 shall be
submitted in the form of an electronic file in accordance with
Annex III within 60 calendar days from the date of notification
of the specific decision establishing financial support.

section of

The ‘operational expenditure’ section of
the financial report
referred to in point (a) of paragraph 1 shall be submitted in
the form of an electronic file in accordance with Annex IV
within six months from the date of the last outbreak.

The Commission may extend the deadlines set out in the first
and second subparagraphs where objective and well-founded
justifications are put forward by Member States.

3. Member States shall,
regulations and administrative provisions,
necessary to:

in accordance with national

laws,
take the measures

(a) confirm the correctness and regularity of the operations

financed for the purposes of disease eradication;

(b) prevent and pursue irregularities;

(c) recover sums lost as a result of irregularities or negligence;

(d) provide swift and adequate compensation for owners

referred to in point (a) of Article 3;

services and eligible equipment essential

(e) make advance arrangements for the use and public purchase
for crisis
of
management, in particular for the slaughtering of animals,
transport, destruction of carcasses, eggs and products,
cleaning and disinfecting,
in a manner which ensures the
sound financial management of Member States’ own expen-
diture.

Official requests for reimbursement shall in any event cite
4.
the status of national administrative and legal procedures
relating to operations financed,
in particular the cases still
pending, and shall state the financial amounts concerned and
the reasons for such procedures.

Article 8

Conversion rates

The conversion rate to be applied to reimbursement requests
submitted in national currency within the meaning of point (d)
of Article 1 of Regulation (EC) No 2799/98, in month ‘n’, shall
be as on the 10th day of month ‘n+1’, or the closest preceding
day for which a rate is available.

Article 9

Reductions in eligible expenditure

If

the authorities concerned fail

1.
to comply with the
deadlines laid down in Article 6, eligible expenditure may be
reduced by up to 5 %, account being taken of the quality of the
information collected and the extent of the declared epizootic
disease.

Failure to meet the deadlines laid down in Article 7(2)
in a 25 % reduction in Community financial
result

2.
shall
support per calendar month of delay.

3. Where the authorities concerned make compensation
payments outside the period referred to in point (a) of Article
2, the following rules shall apply:

(a) 25 % reduction in eligible expenditure for payments made
between 91 and 105 days after the slaughter of animals
and/or destruction of eggs;

(b) 50 % reduction in eligible expenditure for payments made
between 106 and 120 days after the slaughter of animals
and/or destruction of eggs;

(c) 75 % reduction in eligible expenditure for payments made
between 121 and 135 days after the slaughter of animals
and/or destruction of eggs;

(d) 100 % reduction in eligible expenditure for payments made
135 days or more after the slaughter of animals and/or
destruction of eggs.

L 55/16

EN

Official Journal of the European Union

1.3.2005

However, the Commission may apply a different scale and/or
lower, or zero, reduction rates where objective and well-founded
justifications are put forward by Member States.

In the event of objections to the compensation on the
4.
part of recipients, the periods referred to in paragraph 3 shall
be suspended in respect of the cases concerned.

eligibility of associated expenditure and on-the-spot audits in
the Member State.

Audits may entail, inter alia, checks on documentation and veri-
fication of the consistency of financial files as regards prices,
laying date of eggs,
numbers, ages and weights of animals,
recent
and
registers of holdings,
invoices,
transport orders.

and removal

Article 10

Audits

Article 11

Entry into force

The Commission, acting in cooperation with the competent
authorities, may carry out audits on the implementation of
the measures referred to in Article 3 or Article 7(3) or the

This Regulation shall enter into force on the twentieth day
following its publication in the Official Journal of the European
Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 28 February 2005.

For the Commission

Markos KYPRIANOU
Member of the Commission

1.3.2005

EN

Official Journal of the European Union

L 55/17

ANNEX I

Eligible expenditure as referred to in Article 5(1)

1. Costs associated with the compulsory slaughter of animals:

(a) salaries and remunerations of personnel specifically employed for the slaughtering operation;

(b) consumables and specific equipment used for the slaughtering operation;

(c) purchases of services or hire of means of transport to take animals to the slaughtering location.

2. Costs associated with the destruction of carcasses and/or eggs:

(a) rendering: purchases of services or hire of means of transport to take carcasses and/or eggs to the rendering plant,
processing of carcasses and/or eggs at the rendering plant, consumables and specific equipment used for the
destruction of eggs, and destruction of meal;

(b) burial: personnel specifically employed, purchases of services or hire of means of transport and equipment for

burying carcasses and/or eggs, and products used to disinfect the holding;

(c)

incineration (where applicable on the spot): personnel specifically employed, fuel or other materials used, purchases
of services or hire of means of transport for carcasses and/or eggs, and products used to disinfect the holding.

3. Costs associated with cleaning (*), disinfecting (*) and disinsectisation of holdings:

(a) products used for cleaning, disinfecting and disinsectisation;

(b) salaries and remunerations of personnel specifically employed.

4. Costs associated with the destruction of contaminated feedingstuffs (*) and/or milk (*):

(a) reimbursement of purchase price of feedingstuffs and/or milk;

(b) purchases of services or hire of means of transport and equipment for the destruction of feedingstuffs and/or milk.

5. Costs associated with the destruction of contaminated equipment, at market value (*).

6. In connection with vaccination, eligible expenditure may cover the salaries and fees of personnel specifically recruited,
consumables and specific equipment used for vaccination and, where applicable, the purchase of the necessary vaccines
for disease eradication by the Member State where the Community is not in a position to supply them.

(*) Not applicable in the case of bluetongue.

L 55/18

EN

Official Journal of the European Union

1.3.2005

ANNEX IIa

Information required prior to the granting of Community financial support

(name of disease) (year) (Member State): compensation

Type of animal or product

Number

Compensation (in national currency)

1.3.2005

EN

Official Journal of the European Union

L 55/19

ANNEX IIb

Information required prior to the granting of Community financial support

(name of disease) (year) (Member State): operational expenditure

Type of action

Amount (in national currency)

Slaughter

Transport of:

— carcasses

— eggs

— milk

Destruction of:

— carcasses

— eggs

— milk

Destruction of feedingstuffs

Destruction of equipment

Cleaning

Disinfecting/disinsectisation

................................................................................................................

................................................................................................................

................................................................................................................

................................................................................................................

................................................................................................................

................................................................................................................

Total

L 55/20

EN

Official Journal of the European Union

1.3.2005

Request for contribution to compensation for the cost of animals compulsorily slaughtered and eggs compulsorily
destroyed

ANNEX III

Outbreak
No

Contact
with
outbreak

Other

Holding
identifi-
cation
number

Farmer

Holding
location

Animal owner

Date of
slaughter

Slaughter

Method of destruction

Surname

Forename

Surname

Forename

Farm

Slaugh-
terhouse

Rendering
plant

On-site
incin-
eration

Other
(specify)

Outbreak

Contact
with
outbreak

Other

Holding
identifi-
cation
number

Farmer

Holding
location

Animal owner

Date of
slaughter

Slaughter

Method of destruction

Surname

Forename

Surname

Forename

Farm

Slaugh-
terhouse

Rendering
plant

On-site
incin-
eration

Other
(specify)

(*) Specify cow category: dairy and/or beef.

Outbreak

Contact with
outbreak

Other

Holding identification
number

Farmer

Holding
location

Animal owner

Date of
slaughter

Slaughter

Surname

Forename

Surname

Forename

Farm

Slaugh-
terhouse

Outbreak

Contact with
outbreak

Other

Holding identification
number

Farmer

Holding
location

Animal owner

Date of
slaughter

Slaughter

Surname

Forename

Surname

Forename

Farm

Slaugh-
terhouse

1.3.2005

EN

Official Journal of the European Union

L 55/21

Weight on date of
destruction

Number of animals per category

Amount paid by category

Other costs paid
directly to the farmer
(excluding VAT)

Total compen-
sation
(excluding
VAT)

Date of
payment

sows

boars

piglets

pigs

sows

boars

piglets

pigs

Weight on date of
destruction

Number of animals per category

Amount paid by category

Other costs paid
directly to the farmer
(excluding VAT)

Total compen-
sation
(excluding
VAT)

Date of
payment

cows (*)

heifers

calves

bulls

cows

heifers

calves

bulls

Method of destruction

Weight on date
of destruction

Number of animals per category

Amount paid by category

Other costs paid
directly to the
farmer
(excluding VAT)

Total compen-
sation
(excluding VAT)

Date of
payment

Rendering
plant

On-site
incin-
eration

Other
(specify)

sheep

goats

others

sheep

goats

others

e
w
e
s

l
a
m
b
s

r
a
m

s

g
o
a
t
s

b

i
l
l
y
g
o
a
t
s

i

k
d
s

e
w
e
s

l
a
m
b
s

r
a
m

s

g
o
a
t
s

b

i
l
l
y
g
o
a
t
s

i

k
d
s

Method of destruction

Weight on date
of destruction

Number of animals per category

Amount paid by category

Other costs paid
directly to the
farmer
(excluding VAT)

Total compen-
sation
(excluding VAT)

Date of
payment

Rendering
plant

On-site
incin-
eration

Other
(specify)

hens

poultry

Others

hens

poultry

Others

l
a
y
i
n
g
h
e
n
s

b
r
o

i
l
e
r
h
e
n
s

i

b
r
e
e
d
n
g
h
e
n
s

d
u
c
k
s

g
e
e
s
e

t
u
r
k
e
y
s

l
a
y
i
n
g
h
e
n
s

b
r
o

i
l
e
r
h
e
n
s

i

b
r
e
e
d
n
g
h
e
n
s

d
u
c
k
s

g
e
e
s
e

t
u
r
k
e
y
s

L 55/22

EN

Official Journal of the European Union

1.3.2005

Outbreak

Contact with
outbreak

Other

Holding identification
number

Farmer

Holding
location

Animal owner

Date of
slaughter

Slaughter

Surname

Forename

Surname

Forename

Farm

Slaugh-
terhouse

1.3.2005

EN

Official Journal of the European Union

L 55/23

Method of destruction

Weight on date
of destruction

Number of animals per category

Amount paid by category

Other costs paid
directly to the
farmer
(excluding VAT)

Total compen-
sation
(excluding VAT)

Date of
payment

Rendering
plant

On-site
incin-
eration

Other
(specify)

hens

poultry

others

hens

poultry

Others

l
a
y
i
n
g
h
e
n
s

b
r
o

i
l
e
r
h
e
n
s

i

b
r
e
e
d
n
g
h
e
n
s

d
u
c
k
s

g
e
e
s
e

t
u
r
k
e
y
s

l
a
y
i
n
g
h
e
n
s

b
r
o

i
l
e
r
h
e
n
s

i

b
r
e
e
d
n
g
h
e
n
s

d
u
c
k
s

g
e
e
s
e

t
u
r
k
e
y
s

L 55/24

EN

Official Journal of the European Union

1.3.2005

ANNEX IV

Request for contribution to compensation for other costs

‘Other costs’ incurred, expressed in national currency, net of VAT (excluding compensation for the value of animals and/or eggs)

Type of action

Holding No

Slaughter

Destruction of
carcasses
(transport and
processing)

Destruction of
eggs (transport
and processing)

Cleaning and
disinfecting/
disinsectisation
(salaries and
products)

Feedingstuffs
and milk
(compensation
and destruction)

Equipment
(compensation
and destruction)

Total

1.3.2005

EN

Official Journal of the European Union

L 55/25

ANNEX V

Supporting documents to be produced, on request, by the competent authority

The following are to be regarded as supporting documents within the meaning of Article 7(1)(d) in connection with
audits:

I. DOCUMENTS LINKED TO COMPENSATION FOR FARMERS

1. proof of payment to the recipient (payment record),

2. evaluation records for animals and products for which compensation has been paid,

3. official slaughter orders,

4. animal transport documents (derogation, categories transported, certificate of completion),

5. details of the constitution of the herd (bovine animals) on the date of slaughter, according to the system for the

identification and registration of bovine animals (computerised listing),

6. sampling operations and laboratory results,

7. epidemiological surveys,

8. records of veterinary inspections during the weeks prior to slaughter,

9. slaughterhouse weight forms for animals,

10. weight forms for carcasses to be destroyed,

11. official certificates of destruction of animals and products for which compensation has been paid, together with

corresponding invoices from the destroyer,

12. original holding registers,

13. where applicable, listings of all dispatches to market or dispatches due to an animal welfare problem during the

epidemic,

14. copies of the recipient’s requests for premiums for the marketing year in progress at the date of slaughter,

15. movement authorisations issued for animals from the holding during the six months prior to slaughter,

16. milk production records,

17. animal pedigrees (where applicable),

18. copies of invoices for the acquisition and replacement of slaughtered animals and copies of purchase or sales invoices

during the three months prior to slaughter.

II. DOCUMENTS LINKED TO THE COSTS REFEERED TO IN ANNEX I

Supporting documents linked to operations and purchases of goods and services referred to in Annex I.