2005/650/EC: Commission Decision of 13 September 2005 concerning a financial contribution by the Community in the context of the emergency measures taken to combat bluetongue in Spain in 2004 and 2005 (notified under document number C(2005) 3440)
Date: 2005-09-13
Institutions: European Commission
Subjects: EU aid, animal disease, financial aid, indemnification, sheep, slaughter of animals, vaccination

15.9.2005

EN

Official Journal of the European Union

L 238/19

COMMISSION DECISION

of 13 September 2005

concerning a financial contribution by the Community in the context of the emergency measures
taken to combat bluetongue in Spain in 2004 and 2005

(notified under document number C(2005) 3440)

(Only the Spanish text is authentic)

(2005/650/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

to

regard

Council Directive

Having
of
20 November 2000 laying down specific provisions for the
control and eradication of bluetongue (1), and in particular
Article 9(2) thereof,

2000/75/EC

Having regard to Council Decision 90/424/EEC of 26 June
1990 on expenditure in the veterinary field (2), and in particular
Article 3(3), (4) and (5), second indent, and Article 5(3) thereof,

Whereas:

(1)

(2)

(3)

(4)

Outbreaks of bluetongue occurred in Spain in 2004 and
2005. The emergence of this disease represents a serious
risk to the Community's livestock population.

In order to prevent the spread of the disease as rapidly as
possible, the Community must contribute financially to
the eligible expenditure incurred by the Member State in
the context of the emergency measures taken to combat
the disease, as provided for in Decision 90/424/EEC.

zones

in relation to bluetongue

latest one, Decision
Various decisions, notably the
2005/393/EC of 23 May 2005 on protection and
and
surveillance
conditions applying to movements from or
through
these zones (3), have been adopted by the Commission
in order to demarcate the protection and surveillance
zones
governing
movements of animals from these zones.

and to set out

conditions

the

Bluetongue
‘mosquitoes’,
apposite, of all

a disease

is
transmitted exclusively by
therefore the only measures which are
those provided for in Article 3(2) of

(1) OJ L 327, 22.12.2000, p. 74.
(2) OJ L 224, 18.8.1990, p. 19. Decision as last amended by Di-
the

the European Parliament and of

rective 2003/99/EC of
Council (OJ L 325, 12.12.2003, p. 31).

are

either

confining the

aimed
at
Decision 90/424/EEC,
those
from the vectors
protecting animals against attacks
animals
(treatment with insecticides,
indoors at the times when the vectors are active) or at
preventing
through
of
movements of animals (Decision 2005/393/EC). The
slaughter of animals of susceptible species is not an
apposite measure except in the case of animals clinically
affected with bluetongue.

epidemic

spread

the

the

(5)

(6)

(7)

(8)

(9)

it is advisable to
Due to the evolution of the disease,
implement a vaccination campaign in the protection
zones established around outbreaks of bluetongue.

Vaccination is a measure which, employed in combi-
nation with the eradication measures already adopted,
makes it possible to:

(a) reduce mortality in sheep;

(b) prevent viraemia in cattle and thus enable cattle to be

moved from restricted zones.

In accordance with Article 3(2) of Council Regulation
(EC) No 1258/1999 of 17 May 1999 on the financing
the common agricultural policy (4), veterinary and
of
plant health measures undertaken in accordance with
‘Guarantee’
Community rules
financed by the
section of
the European Agricultural Guidance and
Guarantee Fund. The auditing of these measures comes
under Articles 8 and 9 of the said Regulation.

are

The payment of
the financial contribution from the
Community must be subject to the condition that the
actions planned have actually been carried out and that
the necessary information
the authorities
within the time-limits laid down.

supply all

On 28 December 2004 Spain submitted an estimation of
the costs incurred in the context of
the emergency
measures taken to combat
the disease, amounting to
EUR 11,5 million.

(3) OJ L 130, 24.5.2005, p. 22. Decision as amended by Decision

2005/603/EC (OJ L 206, 9.8.2005, p. 11).

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

L 238/20

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Official Journal of the European Union

15.9.2005

(10)

(11)

(12)

(13)

Pending checks by the Commission, it is now necessary
to set the amount for payment of the first instalment of
the Community financial assistance. This first instalment
must be equal to 50 % of the Community contribution,
the estimated costs of
established on the basis of
compensating livestock farmers
the slaughter of
animals and other costs.

for

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
under
compulsory
slaughter must all be defined.

associated with

‘reasonable

payments’

‘other

costs’

and

The Spanish authorities have fulfilled all their technical
and administrative obligations with regard to the
measures provided for
in Article 3 of Decision
90/424/EEC.

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

in this Decision are in
Standing
the

opinion

the

of

HAS ADOPTED THIS DECISION:

Article 1

Approval of the vaccination campaign

The bluetongue vaccination campaign implemented by Spain in
the zones listed in Annex I
to Decision 2005/393/EC is
approved.

Article 2

Granting of a financial contribution from the Community
to Spain

In the context of the emergency measures taken to combat
bluetongue in 2004 and 2005, Spain is entitled to a financial
contribution from the Community:

1. amounting to 50 % of the expenditure incurred in:

(a)

the swift and adequate compensation of livestock farmers
forced to slaughter their animals as part of the measures
to combat the outbreaks of bluetongue that occurred in
2004 and 2005, pursuant to Article 3(2), seventh indent
of Decision 90/424/EEC and this Decision;

(b) the destruction of infected animals, disinsectisation and
the vaccination programme,
the implementation of
respectively,
in,
under
Article 3(2),
first and third indents, and Article 3(4)
and (5), second indent, of Decision 90/424/EEC and
this Decision;

the conditions provided for

2. amounting to 100 % of the cost of supply of vaccines, under
the conditions provided for in Article 3(4) and (5), second
indent, of Decision 90/424/EEC and this Decision.

Article 3

Definitions

The following definitions apply to this Decision:

(a)

‘swift and adequate compensation’: payment, within 90 days
of the slaughter of the animals, of compensation corre-
sponding to the market value (the commercial 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)
they had immediately prior to their infection, slaughter or
destruction;

(b) ‘reasonable payments’: means payments for the purchase of
materials or services at proportionate prices compared to
the market prices before the outbreak of bluetongue;

(c)

‘justified payments’: payments made for the purchase of
equipment or services in accordance with Article 3(2) of
Decision 90/424/EEC, where their nature and direct link
to the compulsory slaughter of animals on holdings have
been demonstrated.

Article 4

Payment arrangements

as part of

Subject to the results of the inspections referred to in
1.
instalment of EUR 2 500 000 shall be
Article 7, an initial
paid,
contribution
the Community
mentioned in Article 2, on the basis of supporting documents
submitted by Spain relating to the swift and adequate compen-
sation of owners for the compulsory slaughter of animals, the
the holding and,
destruction of animals, disinsectisation of
where applicable, vaccination of animals.

financial

The balance of

the Community financial contribution
2.
mentioned in Article 2 shall be fixed in a subsequent decision
to be adopted in accordance with the procedure established in
Article 41 of Decision 90/424/EEC.

Article 5

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

The

financial

1.
contribution from the Community as
referred to in Article 2 shall only be made in respect of
justified and reasonable payments for the eligible costs as set
out in Annex I.

15.9.2005

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Official Journal of the European Union

L 238/21

Non-compliance by the Spanish authorities with the
lead to a
in accordance with the

2.
payment deadline referred to in Article 3(a) shall
reduction in the eligible amounts,
rules below:

— 25 % reduction for payments made between 91 and 105

days after slaughter of the animals,

— 50 % reduction for payments made between 106 and 120

days after slaughter of the animals,

— 75 % reduction for payments made between 121 and 135

days after slaughter of the animals,

— 100 % reduction for payments made later than 136 days

after slaughter of the animals.

However, the Commission may apply a different scale and/or
if specific
lower reduction rates (or a zero reduction rate)
management
certain
measures or if Spain provides a well grounded justification for
the delay.

can be demonstrated for

conditions

The

3.
referred to in Article 2 shall exclude:

financial

contribution from the Community as

(a) value added tax;

(b) remunerations of civil servants or public employees;

(c)

the use of public equipment, except consumables;

(d) compensation for non-compulsory slaughter;

Article 6

Payment conditions and supporting documents

The

1.
referred to in Article 2 shall be paid on the basis of:

contribution from the Community as

financial

(a) an application submitted,

in accordance with Annexes II,
IIIa and IIIb, within the time-limit laid down in paragraph 2;

(b) the supporting documents referred to in Article 2, including
an epidemiological report on each holding where animals
have been slaughtered and destroyed, as well as a financial
report;

(c)

the results of any in situ inspections carried out by the
Commission, as referred to in Article 7.

The documents referred to in (b) shall be made available for on-
the-spot audits by the Commission.

2.
The application referred to in paragraph (1) (a) must be
submitted in computerised form, in accordance with Annexes II,
IIIa and IIIb, within sixty calendar days of the date of notifi-
cation of this Decision. If this time-limit is not observed, the
financial contribution from the Community shall be reduced by
25 % for every month of delay.

Article 7

Commission in situ inspections

The Commission, in collaboration with the competent Spanish
authorities, may conduct
in situ inspections relating to the
implementation of the measures referred to in Article 2 and
the associated costs.

Article 8

Recipients

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

support, such as slaughter premiums,
Community rules;

This Decision is addressed to the Kingdom of Spain.

Done at Brussels, 13 September 2005.

(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.

For the Commission

Markos KYPRIANOU
Member of the Commission

L 238/22

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Official Journal of the European Union

15.9.2005

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, including on site: 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 the disinsectisation of holdings:

(a) products used for disinsectisation;

(b) salaries and remunerations of personnel specifically employed.

4.

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 by the Member State of
the vaccines necessary for eradication of the disease where the Community is not in a position to supply them.

15.9.2005

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Official Journal of the European Union

L 238/23

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L 238/24

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Official Journal of the European Union

15.9.2005

Application for a contribution towards compensation for other eligible costs associated with the compulsory
slaughter

ANNEX IIIa

Other costs incurred by holding No … (not including compensation for the value of the animals)

Heading

Amount (not including VAT)

Slaughter

Destruction (transport and processing)

Disinsectisation (salaries and products)

Total

ANNEX IIIb

Application for a contribution towards compensation for other eligible costs associated with the bluetongue
vaccination campaign

Category of vaccines

Number of doses

Amount (not including VAT)

Costs incurred

Salaries and fees (personnel specifically recruited)

Consumables and vaccination-specific equipment

Total