2006/53/EC: Council Decision of  23 January 2006  amending Decision 90/424/EEC on expenditure in the veterinary field
Date: 2006-01-23
Institutions: Council of the European Union
Subjects: EU aid, animal disease, financial aid, health control, indemnification, poultry, public health, slaughter of animals, vaccination

2.2.2006

EN

Official Journal of the European Union

L 29/37

II

(Acts whose publication is not obligatory)

COUNCIL

COUNCIL DECISION

of 23 January 2006

amending Decision 90/424/EEC on expenditure in the veterinary field

(2006/53/EC)

THE COUNCIL OF THE EUROPEAN UNION,

(3)

Having regard to the Treaty
Community, and in particular Article 37 thereof,

establishing the European

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament (1),

Having regard to the opinion of the European Economic and
Social Committee (2),

(4)

Whereas:

(1)

(2)

Avian influenza, previously called ‘avian plague’, is a very
severe infection of birds that causes a very serious risk
for animal health. The influenza virus of avian origin
may, in certain conditions, also pose a risk for human
health.

a

of

financial

Council Decision 90/424/EEC of 26 June 1990 on
expenditure in the veterinary field (3) provides for the
possibility
from the
Community to the Member States for the eradication
of certain animal diseases. This Decision envisages the
possibility of granting such contribution for the eradi-
cation of avian influenza caused by the so-called ‘highly
pathogenic’ strains of virus.

contribution

(1) Opinion delivered on 1 December 2005 (not yet published in the

Official Journal).

(2) Opinion delivered on 28 September 2005 (not yet published in the

Official Journal).

(3) OJ L 224, 18.8.1990, p. 19. Decision as last amended by Directive
the Council

the European Parliament and of

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

During recent avian influenza epidemics, outbreaks of
caused by low pathogenic
disease
avian influenza
viruses
subsequently mutated into highly pathogenic
viruses causing devastating consequences and risks for
public health. Once mutation has occurred, the virus is
extremely
control. Council Directive
2005/94/EC of 20 December 2005 on Community
measures for the control of avian influenza (4), establishes
compulsory surveillance and control measures also in
so that
relation with the
outbreaks of highly pathogenic avian influenza may be
prevented.

low pathogenic viruses,

difficult

to

In the light of the adoption of Directive 2005/94/EC it is
appropriate to modify Decision 90/424/EEC so that
Community financial assistance may also be granted for
those eradication measures carried out by the Member
States to combat avian influenza virus strains of
low
pathogenicity that may mutate into highly pathogenic
strains,

HAS ADOPTED THIS DECISION:

Article 1

Decision 90/424/EEC is hereby amended as follows:

1. Article 3 shall be amended as follows:

(a)

in paragraph 1, the sixth indent shall be deleted;

(b) in paragraph 2, the first indent shall be replaced by the

following:

‘— the slaughter of animals of

susceptible species
which are affected or contaminated or suspected
of being affected or
and their
destruction,’;

contaminated,

(4) OJ L 10, 14.1.2006, p. 16.

L 29/38

EN

Official Journal of the European Union

2.2.2006

(c) paragraph 4 shall be replaced by the following:

— 50 % of

‘4.
If, in view of the development of the situation in
the Community,
it proves necessary to continue the
measures provided for in paragraph 2 and Article 3a, a
new decision concerning the financial contribution by
the Community, which might exceed the figure of
50 % laid down in the first indent of paragraph 5, may
be adopted in accordance with the procedure laid down
in Article 41. When this decision is adopted, any
measures which the Member State concerned must take
in order to ensure the success of the action may be laid
down, and in particular measures other
than those
mentioned in paragraph 2.’;

2. the following Article shall be inserted:

‘Article 3a

1.
This Article and Article 3(3) and (4) shall apply in the
event of the occurrence of avian influenza in the territory of
a Member State.

2.
The Member State concerned shall obtain a financial
contribution from the Community for the eradication of
avian influenza if the minimum control measures provided
for in Council Directive 2005/94/EC of 20 December 2005
on Community measures
avian
influenza (*) have been fully and efficiently implemented in
compliance with relevant Community legislation and, in the
case of killing of animals of susceptible species which are
affected or contaminated or suspected of being affected or
contaminated,
livestock owners have been compensated
swiftly and adequately.

control of

the

for

the costs incurred by the Member State in
the killing of

livestock owners

for

compensating
poultry or other captive birds;

animals,

— 50 % of the costs incurred by the Member State for, the
destruction of
animal
products, the cleaning and disinfection of holdings and
equipment, the destruction of the contaminated feeding-
contaminated
stuffs
equipment, where such equipment cannot be disinfected;

the destruction of

destruction

and

the

for

of

— where

emergency

vaccination is decided upon in
accordance with Article 54 of Directive 2005/94/EC,
100 % of the cost of supply of the vaccine and 50 %
of the costs incurred in carrying out that vaccination.

___________
(*) OJ L 10, 14.1.2006, p. 16.’;

3.

in Articles 6(1), 7(1) and 8(1) the reference ‘3a(1)’ shall be
inserted after the reference ‘3(1)’.

4.

in the Annex,
Group 1:

the following indent shall be added to

‘— avian influenza’.

Article 2

This Decision is addressed to the Member States.

Done at Brussels, 23 January 2006.

The financial contribution by the Community, divided

3.
if necessary into several tranches, shall be:

For the Council
The President

J. PRÖLL