Commission Regulation (EC) No 738/2005 of 13 May 2005 amending Regulation (EC) No 1040/2002 establishing detailed rules for the implementation of the provisions relating to the allocation of a financial contribution from the Community for plant-health control and repealing Regulation (EC) No 2051/97
Date: 2005-05-13
Institutions: European Commission
Subjects: EU financing, eligibility criteria, plant health control

14.5.2005

EN

Official Journal of the European Union

L 122/17

COMMISSION REGULATION (EC) No 738/2005

of 13 May 2005

amending Regulation (EC) No 1040/2002 establishing detailed rules for the implementation of the
provisions relating to the allocation of a financial contribution from the Community for plant-
health control and repealing Regulation (EC) No 2051/97

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

Having regard to Council Directive 2000/29/EC of 8 May 2000
the introduction into the
on protective measures against
Community of organisms harmful to plants or plant products
their spread within the Community (1), and in
and against
particular the fifth subparagraph of Article 23(5) thereof,

Whereas:

(1)

(2)

(3)

Commission Regulation (EC) No 1040/2002 (2) covers
expenditure relating directly to the necessary measures
which have been taken or are planned for the purpose
of combating harmful organisms introduced from third
countries or from other areas in the Community,
in
order to eradicate or, if that is not possible, to contain
them.

In accordance with Article 4(3) of that Regulation no
financial contribution is to be granted unless the total
amount of eligible expenditure per year
reaches a
threshold of EUR 50 000.

Experience has shown that the dossiers submitted by the
Member States in general meet the requirements of Regu-
lation (EC) No 1040/2002, with the exception of the
requirement regarding the minimum amount of eligible
expenditure per year. Indeed in certain cases, especially in
Member States where only a small part of the national
territory is used for agriculture and where consequently

lower expenses are incurred for controlling outbreaks of
harmful organisms, the amount of eligible expenditure
per year was below the threshold of EUR 50 000.

A financial contribution should therefore also be granted
for dossiers where the amount of eligible expenditure per
year is substantially less than EUR 50 000.

Regulation (EC) No 1040/2002 should therefore be
amended accordingly.

The measures provided for in this Regulation are in
accordance with
Standing
Committee on Plant Health,

opinion

the

the

of

(4)

(5)

(6)

HAS ADOPTED THIS REGULATION:

Article 1

In Article 4(3) of Regulation (EC) No 1040/2002, the third
sentence is replaced by the following:

‘The financial contribution from the Community shall not be
granted where the total amount of eligible expenditure per
year, as referred to in Article 4(1), is less than EUR 25 000.’

Article 1

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

It shall apply with effect from 1 January 2005

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

Done at Brussels, 13 May 2005.

For the Commission

Markos KYPRIANOU
Member of the Commission

(1) OJ L 169, 10.7.2000, p. 1. Directive as

last amended by

Commission Directive 2005/16/EC (OJ L 57, 3.3.2005, p. 19).

(2) OJ L 157, 15.6.2002, p. 38.