2006/923/EC: Commission Decision of 13 December 2006 on a Community financial contribution for 2006 and 2007 to cover expenditure incurred by Portugal for the purpose of combating Bursaphelenchus xylophilus (Steiner et Buhrer) Nickle et al. (pinewood nematode) (notified under document number C(2006) 6433)
Date: 2006-12-13
Institutions: European Commission
Subjects: EU financing, Portugal, parasitology, plant disease, plant health control

L 354/42

EN

Official Journal of the European Union

14.12.2006

COMMISSION DECISION

of 13 December 2006

on a Community financial contribution for 2006 and 2007 to cover expenditure incurred by
Portugal for the purpose of combating Bursaphelenchus xylophilus (Steiner et Buhrer) Nickle et al.
(pinewood nematode)

(notified under document number C(2006) 6433)

(Only the Portuguese text is authentic)

(2006/923/EC)

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
on protective measures against
the introduction into the
Community of organisms harmful to plants or plant products
their spread within the Community (1), and in
and against
particular Article 23(6) thereof,

Whereas:

(1)

(2)

(3)

(4)

Pursuant
to Directive 2000/29/EC, a financial contri-
bution from the Community may be granted to
Member States to cover expenditure relating directly to
the necessary measures which have been taken or are
planned to be taken for
the purpose of combating
harmful organisms introduced from third countries or
from other areas
to
in order
eradicate or, if that is not possible, to contain them.

in the Community,

Decisions

Commission

2001/811/EC (2),
By
2002/889/EC (3), 2003/787/EC (4) and 2004/772/EC (5),
contribution from the Community was
a financial
already granted to Portugal for measures aiming at the
control of Bursaphelenchus xylophilus (Steiner et Buhrer)
Nickle et al. (pinewood nematode), hereinafter ‘PWN’, in
the years 1999-2003, that is for the maximum duration
possible. Starting from 2003 a ‘mid-term eradication
plan’ was
the
spread of PWN with the aim of eradicating it.

implemented by Portugal

to control

However, Article 23(6) of Directive 2000/29/EC provides
for the possibility to implement further action, if this is
necessary to combat PWN.

In April 2006, Portugal presented to the Standing
Committee on Plant Health (hereinafter referred to as
the
the Committee) an overview of

the results of

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

last amended by

Commission Directive 2006/35/EC (OJ L 88, 25.3.2006, p. 9).

(2) OJ L 306, 23.11.2001, p. 25.
(3) OJ L 311, 14.11.2002, p. 16.
(4) OJ L 293, 11.11.2003, p. 13.
(5) OJ L 341, 17.11.2004, p. 27.

survey and the control campaign conducted between 1
November 2005 and 1 April 2006 in the demarcated
area for PWN in Portugal. The results showed that,
despite the measures taken in the previous years, the
area where PWN is present has enlarged considerably.

The Commission and the Committee concluded that the
mid-term eradication plan has to be revised by Portugal
and that urgent action was required, including an inten-
the
sified survey campaign and a
demarcated area.

redefinition of

In May 2006, Portugal presented to the Committee an
action plan with measures to be envisaged for combating
a further spread of PWN. (6) These measures included an
updated delimitation of the demarcated area, eradication
of all declining trees in that area, continued monitoring
and the creation of a barrier free from all host trees of
the pinewood nematode vector, that is a ‘clear cut belt’,
which should stop the spread of PWN to other Member
States, safeguarding them from devastating losses for
pine forests and possible trade restrictions from third
countries.
the
territory where the clear cut belt will be situated. A
final version of this action plan was approved by the
Committee in July 2006.

the parts of

in particular

It defines

introduced a programme for
In July 2006, Portugal
for PWN and a budget estimation
further actions
to receive a
referring to this programme in order
contribution from the Community. The
financial
different parts of
the Portuguese territory where the
actions have to take place, which determine the geogra-
phical area benefiting from a financial contribution from
the Community, are defined in the above mentioned
action plan.

The programme provided for by Portugal has enabled the
Commission to analyse the situation accurately and
comprehensively and to conclude that
the conditions
for the granting of a Community financial contribution,
as laid down in Article 23(6) of the Directive have been
met. That Community financial contribution should be

(5)

(6)

(7)

(8)

(6) These measures have been laid down in the Portuguese Decree No
103/2006 of 6 February 2006, as amended by Decree No 815/2006
of 16 August 2006.

14.12.2006

EN

Official Journal of the European Union

L 354/43

that programme that
granted for expenditure under
improves the phytosanitary protection of
the rest of
the Community against a further spread of PWN from
the demarcated area. That contribution should, conse-
quently, be granted for all actions directly linked to the
creation of a clear cut belt as an area free from PWN
vector hosts.

Article 2

Amount of Community financial contribution and eligible
actions

The total maximum Community financial contribution referred
to in Article 1 is EUR 8 417 848,95.

(9)

(10)

(11)

is

action,

such further

The Community financial contribution may, in general,
cover no more than 50 % of eligible expenditure.
However, where
essentially
designed to protect Community territories other than
that of the Member State concerned, that contribution
may be larger. Given the great relevance of PWN for
coniferous plants and wood,
the rapidity with which
the disease spreads, the proximity of another Member
State to the infested zone and the possible impact on
that
European forestry and international wood trade,
condition is
to the measures
fulfilled with respect
relating to the creation of a clear cut belt, as provided
for in the Portuguese action plan. Therefore, it is appro-
priate to allocate a Community financial contribution of
75 %.

In accordance with Article 3(2)(a) of Council Regulation
(EC) No 1290/2005 of 21 June 2005 on the financing of
the common agricultural policy (1), plant-health measures
are to be financed from the European Agricultural
Guarantee Fund. For the purpose of financial control of
these measures Articles 9, 36 and 37 of Regulation
1290/2005 shall apply.

free

The actions linked to the creation of a clear-cut belt as an
in
area
compliance with the applicable Community environ-
mental legislation.

from PWN vector hosts

should be

(12)

The measures provided in this Decision are in accordance
with the opinion of the Standing Committee on Plant
Health,

HAS ADOPTED THIS DECISION:

Article 1

Principle

The allocation of a Community financial contribution for 2006
and 2007 to cover expenditure incurred by Portugal relating to
further action, as
specified in Article 23(6) of Directive
2000/29/EC, and taken for the purpose of combating Bursaphe-
lenchus xylophilus (Steiner et Buhrer) Nickle et al.
(pinewood
nematode), which is laid down in Annex I, and taken in the
framework of the action plan proposed by Portugal, is hereby
approved.

(1) OJ L 209, 11.8.2005, p. 1. Regulation as amended by Regulation

(EC) No 320/2006 (OJ L 58, 28.2.2006, p. 42).

eligible

The
financial contributions shall be set out in Annex I.

expenditure

and the maximum Community

Article 3

Advance payment

An advance of EUR 2 000 000 shall be paid within 30 days
from the date of adoption of this Decision.

Article 4

Payment of the balance of the Community financial
contribution

The balance of the Community financial contributions as set
out in Annex I shall be paid on the following conditions:

(a)

it can be concluded from technical progress reports to be
provided by Portugal to the Commission on 15 January and
15 April 2007 and from inspection missions carried out by
the Food and Veterinary Office of the Commission that the
measures referred to in Annex I have been implemented by
Portugal by 31 March 2007 at the latest, in an appropriate
way to meet the objectives referred to in Article 1; and

(b) an official request

for payment has been submitted by
Portugal to the Commission by 31 August 2007 at the
latest, accompanied by a financial
report and a final
technical report as provided for in Article 5.

Article 5

Supporting documents

Evidence of the measures taken and the expenditure incurred
shall be submitted by Portugal through:

(a) a final technical report showing the implementation of all
actions referred to in Annex I and their respective date of
completion;

(b) a financial report, presented in the format laid down in
Annex II, showing the expenditure relating to the various
measures for which a Community financial contribution is
requested together with appropriate documentation, such as
invoices or receipts.

L 354/44

EN

Official Journal of the European Union

14.12.2006

Article 6

Absence of overcompensation

The expenditure incurred by Portugal
for the measures laid
down in Annex I shall not result in any overcompensation of
the owners of the trees. The compensation shall be based on the
value of the wood the owner would have been able to obtain
immediately before the beginning of the actions in the clear cut
belt.

Article 7

Reduction in Community financial contribution

1.
If there is evidence that the measures laid down in An-
nex I have not been completed in an appropriate way by 31
the rate of Community financial
March 2007 at
contribution relating to the part of
the eligible expenditure
concerned by this late execution shall be reduced to a level
specified in the following table:

the latest,

Number of days of delay starting from
1 April 2007

Rate of Community financial
contribution

1-15

16-30

31-60

61 or more

60 %

50 %

25 %

0 %

2. Without prejudice to paragraph 1, failure to submit the
request for payment and the accompanying reports provided for
in Article 4(b) by 31 August 2007 at the latest, shall result in a
25 % reduction in the Community financial contribution per
calendar month of delay.

Article 8

Compliance with other Community policies

Portugal shall ensure that
the further action referred to in
Article 1 is implemented in compliance with the applicable
Community environmental legislation.

Article 9

Addressee

This Decision is addressed to the Portuguese Republic.

Done at Brussels, 13 December 2006.

For the Commission

Markos KYPRIANOU
Member of the Commission

14.12.2006

EN

Official Journal of the European Union

L 354/45

ANNEX I

Community financial contribution for 2006 and 2007 for the different actions of the programme presented by
Portugal to control Bursaphelenchus xylophilus (Steiner et Buhrer) Nickle et al. (pinewood nematode)

Location

Measure

Eligible expenditure

(in EUR)

Maximum Community
financial contributions
(at a co-financing rate
of 75 %)

Clear cut belt (1)

Survey activities for PWN in belt area

156 000

117 000

Cutting and transport of all PWN vector host
trees

4 666 666

3 499 999,5

Stripping of all PWN vector host trees

300 000

225 000

Disposal of tree strippings

700 000

525 000

Compensation for the value of the wood (2)

4 666 666

3 499 999,5

Re-design of clear cut belt dedicated infor-
mation system

200 000

150 000

Subtotal

10 689 332

8 016 999

Subtotal

Coordination activities (3)

534 466,6

400 849,95

Grand total

11 223 798,60

8 417 848,95

Total maximum Community financial contribution

8 417 848,95

(1) 3 km wide zone on the outer borderline of the demarcated area as defined in Commission Decision 2006/133/EC (OJ L 52, 23.2.2006,

p. 34).

(2) Compensation to the land owner for the value of his wood because the cut trees are healthy trees and become the property of the

companies cutting them.

(3) Flat rate (5 %) for coordination activities.

L 354/46

EN

Official Journal of the European Union

14.12.2006

I
I

X
E
N
N
A

T
N
E
M
E
T
A
T
S

T
S
O
C

L
A
I
C
N
A
N
I
F

7
0
0
2
-
6
0
0
2

L
A
G
U
T
R
O
P

E
M
M
A
R
G
O
R
P

L
O
R
T
N
O
C

E
D
O
T
A
M
E
N

D
O
O
W
E
N
I
P

T
L
E
B

T
U
C

R
A
E
L
C
—
E
N
O
Z

D
E
T
A
C
R
A
M
E
D

a
e
r
a

t
l
e
b

e
h
t

n

i

s
e
i
t
i
v
i
t
c
a

y
e
v
r
u
S

:

1

e
r
u
s
a
e
M

s
t
s
o
c

d
i
a
p

d
n
a

d
e
r
r
u
c
n

i

y
l
l
a
u
t
c
A

X
X
X

,

s
k
r
a
m
e
R

.
l
c
x
e

T
A
V

t
n
u
o
m
A

y
t
i
t
n
a
u
Q

e
c
i
r
p

t
i
n
U

t
i
n
U

t
n
e
m
u
c
o
d

g
n
i
t
r
o
p
p
u
S

r
e
b
m
u
n

s
e
c
n
e
r
e
f
e
r

y
t
i
n
u
m
m
o
C

n
o
i
t
u
b
i
r
t
n
o
c

e
r
u
t
i
d
n
e
p
x
e

e
l
b
i
g
i
l

E

f
o

n
o
i
t
p
i
r
c
s
e
d

t
r
o
h
S

.
l
c
x
e

T
A
V

e
r
u
t
i
d
n
e
p
x
e

X
X
X

,

X
X
X

,

:
l
a
t
o
t
b
u
S

s
e
e
r
t

f
o

t
r
o
p
s
n
a
r
t

d
n
a

g
n
i
t
t
u
C

:

2

e
r
u
s
a
e
M

s
t
s
o
c

d
i
a
p

d
n
a

d
e
r
r
u
c
n

i

y
l
l
a
u
t
c
A

X
X
X

,

s
k
r
a
m
e
R

.
l
c
x
e

T
A
V

t
n
u
o
m
A

y
t
i
t
n
a
u
Q

e
c
i
r
p

t
i
n
U

t
i
n
U

t
n
e
m
u
c
o
d

g
n
i
t
r
o
p
p
u
S

r
e
b
m
u
n

s
e
c
n
e
r
e
f
e
r

y
t
i
n
u
m
m
o
C

n
o
i
t
u
b
i
r
t
n
o
c

e
r
u
t
i
d
n
e
p
x
e

e
l
b
i
g
i
l

E

f
o

n
o
i
t
p
i
r
c
s
e
d

t
r
o
h
S

.
l
c
x
e

T
A
V

e
r
u
t
i
d
n
e
p
x
e

X
X
X

,

X
X
X

,

:
l
a
t
o
t
b
u
S

s
e
e
r
t

e
h
t

f
o

i

g
n
p
p
i
r
t
S

:

3

e
r
u
s
a
e
M

s
t
s
o
c

d
i
a
p

d
n
a

d
e
r
r
u
c
n

i

y
l
l
a
u
t
c
A

X
X
X

,

s
k
r
a
m
e
R

.
l
c
x
e

T
A
V

t
n
u
o
m
A

y
t
i
t
n
a
u
Q

e
c
i
r
p

t
i
n
U

t
i
n
U

t
n
e
m
u
c
o
d

g
n
i
t
r
o
p
p
u
S

r
e
b
m
u
n

s
e
c
n
e
r
e
f
e
r

y
t
i
n
u
m
m
o
C

n
o
i
t
u
b
i
r
t
n
o
c

e
r
u
t
i
d
n
e
p
x
e

e
l
b
i
g
i
l

E

f
o

n
o
i
t
p
i
r
c
s
e
d

t
r
o
h
S

.
l
c
x
e

T
A
V

e
r
u
t
i
d
n
e
p
x
e

X
X
X

,

X
X
X

,

:
l
a
t
o
t
b
u
S

i

s
g
n
p
p
i
r
t
s

e
e
r
t

f
o

l
a
s
o
p
s
i
D

:

4

e
r
u
s
a
e
M

s
t
s
o
c

d
i
a
p

d
n
a

d
e
r
r
u
c
n

i

y
l
l
a
u
t
c
A

X
X
X

,

s
k
r
a
m
e
R

.
l
c
x
e

T
A
V

t
n
u
o
m
A

y
t
i
t
n
a
u
Q

e
c
i
r
p

t
i
n
U

t
i
n
U

t
n
e
m
u
c
o
d

g
n
i
t
r
o
p
p
u
S

r
e
b
m
u
n

s
e
c
n
e
r
e
f
e
r

y
t
i
n
u
m
m
o
C

n
o
i
t
u
b
i
r
t
n
o
c

e
r
u
t
i
d
n
e
p
x
e

e
l
b
i
g
i
l

E

f
o

n
o
i
t
p
i
r
c
s
e
d

t
r
o
h
S

.
l
c
x
e

T
A
V

e
r
u
t
i
d
n
e
p
x
e

X
X
X

,

X
X
X

,

:
l
a
t
o
t
b
u
S

14.12.2006

EN

Official Journal of the European Union

L 354/47

d
o
o
w
e
h
t

f
o

e
u
l
a
v

e
h
t

r
o
f

n
o
i
t
a
s
n
e
p
m
o
C

:

5

e
r
u
s
a
e
M

s
t
s
o
c

d
i
a
p

d
n
a

d
e
r
r
u
c
n

i

y
l
l
a
u
t
c
A

X
X
X

,

s
k
r
a
m
e
R

.
l
c
x
e

T
A
V

t
n
u
o
m
A

y
t
i
t
n
a
u
Q

e
c
i
r
p

t
i
n
U

t
i
n
U

t
n
e
m
u
c
o
d

g
n
i
t
r
o
p
p
u
S

r
e
b
m
u
n

s
e
c
n
e
r
e
f
e
r

y
t
i
n
u
m
m
o
C

n
o
i
t
u
b
i
r
t
n
o
c

e
r
u
t
i
d
n
e
p
x
e

e
l
b
i
g
i
l

E

f
o

n
o
i
t
p
i
r
c
s
e
d

t
r
o
h
S

.
l
c
x
e

T
A
V

e
r
u
t
i
d
n
e
p
x
e

X
X
X

,

X
X
X

,

:
l
a
t
o
t
b
u
S

m
e
t
s
y
s

n
o
i
t
a
m
r
o
f
n

i

f
o

n
g
i
s
e
d
-
e
R

:

6

e
r
u
s
a
e
M

s
t
s
o
c

d
i
a
p

d
n
a

d
e
r
r
u
c
n

i

y
l
l
a
u
t
c
A

s
k
r
a
m
e
R

.
l
c
x
e

T
A
V

t
n
u
o
m
A

y
t
i
t
n
a
u
Q

e
c
i
r
p

t
i
n
U

t
i
n
U

t
n
e
m
u
c
o
d

g
n
i
t
r
o
p
p
u
S

r
e
b
m
u
n

s
e
c
n
e
r
e
f
e
r

y
t
i
n
u
m
m
o
C

n
o
i
t
u
b
i
r
t
n
o
c

e
r
u
t
i
d
n
e
p
x
e

e
l
b
i
g
i
l

E

f
o

n
o
i
t
p
i
r
c
s
e
d

t
r
o
h
S

.
l
c
x
e

T
A
V

e
r
u
t
i
d
n
e
p
x
e

X
X
X

,

X
X
X

,

X
X
X

,

X
X
X

,

X
X
X

,

X
X
X

,

:
l
a
t
o
T

:
l
a
t
o
t
b
u
S

s
e
i
t
i
v
i
t
c
a

n
o
i
t
a
n
i
d
r
o
o
C

:

7

e
r
u
s
a
e
M

s
t
s
o
c

d
i
a
p

d
n
a

d
e
r
r
u
c
n

i

y
l
l
a
u
t
c
A

X
X
X

,

s
k
r
a
m
e
R

.
l
c
x
e

T
A
V

t
n
u
o
m
A

y
t
i
t
n
a
u
Q

e
c
i
r
p

t
i
n
U

t
i
n
U

t
n
e
m
u
c
o
d

g
n
i
t
r
o
p
p
u
S

r
e
b
m
u
n

s
e
c
n
e
r
e
f
e
r

y
t
i
n
u
m
m
o
C

n
o
i
t
u
b
i
r
t
n
o
c

e
r
u
t
i
d
n
e
p
x
e

e
l
b
i
g
i
l

E

f
o

n
o
i
t
p
i
r
c
s
e
d

t
r
o
h
S

.
l
c
x
e

T
A
V

e
r
u
t
i
d
n
e
p
x
e

X
X
X

,

X
X
X

,

:
l
a
t
o
t

d
n
a
r
G