2006/965/EC: Council Decision of 19 December 2006 amending Decision 90/424/EEC on expenditure in the veterinary field
Date: 2006-12-19
Institutions: Council of the European Union
Subjects: EU financing, animal disease, decontamination, disease prevention, protection of animals, veterinary inspection, zoonosis

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COUNCIL DECISION

of 19 December 2006

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

(2006/965/EC)

THE COUNCIL OF THE EUROPEAN UNION,

(3)

Having regard to the Treaty establishing the European Commu-
nity, and in particular Article 37 thereof,

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),

Whereas:

(1)

(2)

The Community co-finances activities of the Member
States on animal disease and zoonoses eradication, con-
trol and monitoring on the basis of annual programmes
approved in accordance with the requirements and proce-
dure laid down in Article 24 of Council Decision
90/424/EEC of 26 June 1990 on expenditure in the vet-
erinary field (3).

A review of the procedures for Community co-financing
of animal disease and zoonoses eradication, control and
monitoring programmes, taking into account in particu-
lar the experience gained from the work carried out by
the Task Force for monitoring disease eradication in the
Member States established in accordance with action 29
of the White Paper on Food Safety, has shown that a
multi-annual approach for these programmes and a new
list of diseases and zoonoses would lead to better results.
A multi-annual approach for the programmes of eradica-
tion, control and monitoring of animal diseases and
zoonoses would ensure a more efficient and effective
achievement of the objectives of those programmes and
would provide for better and more transparent manage-
ment and increased auditability, thus making more effec-
is
tive the use of Community funds. Therefore,
appropriate to amend the provisions governing those pro-
grammes so as to include the possibility to finance multi-
annual programmes.

it

(1) Opinion delivered on 12 December 2006 (not yet published in the

Official Journal).

(2) Opinion delivered on 26 October 2006 (not yet published in the

Official Journal).

That review also showed that a list with a limited number
of animal diseases and zoonoses eligible for co-financing
would increase the efficiency and effectiveness of the eradi-
cation, control and monitoring programmes. The list of
diseases and zoonoses which reflects Community priori-
ties and whose eradication benefits from the Community
financial contribution should be established taking into
account
impact of such diseases and
zoonoses on public health and on international and intra-
Community trade of animals or product from animal ori-
gin. The specific provisions for the control of zoonoses
should therefore be deleted. There should be a possibility
to amend the list by comitology procedure to take into
account emerging animal diseases or new epidemiologi-
cal and scientific evidence.

the potential

(4)

(5)

(6)

In order to simplify the procedure for the approval of the
eradication, control and monitoring programmes submit-
ted by the Member States to the Commission, provision
should be made for a single decision approving the pro-
grammes qualifying for a Community financial contribu-
tion to replace the two decisions currently required, one
listing the programmes qualifying for financial contribu-
tion and the second on the approval of the programmes.

In order to allow the Commission to monitor the imple-
mentation of the programmes, Member States should
report regularly to the Commission on the activities car-
ried out, on the results achieved and the expenditure
incurred.

Council Decision 90/638/EEC of 27 November 1990 lay-
ing down Community criteria for the eradication and
monitoring of certain animal diseases (4) lays down the
technical and information requirements for the eradica-
tion, control and monitoring programmes for which Com-
munity financing is sought. Those technical requirements
and information should be updated and adjusted in a regu-
lar and timely fashion in order to match technical and sci-
entific progress and feedback from experience in the
implementation of the programmes. It is therefore appro-
priate to enable the Commission to adopt, and update as
those technical criteria. Council Decision
necessary,
90/638/EEC should be repealed accordingly.

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

(4) OJ L 347, 12.12.1990, p. 27. Decision as amended by Directive

2006/782/EC (OJ L 328, 24.11.2006, p. 57).

92/65/EEC (OJ L 268, 14.9.1992, p. 54).

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(7)

(8)

(9)

Commission Decision 2004/292/EC of 30 March 2004
on the introduction of the Traces system (1) establishes the
integration of
the pre-existing computerised systems
(Animo and Shift) into the new system. It is therefore
appropriate to take into account the technical develop-
ments achieved in the computerisation of the veterinary
procedures and to provide for the resources needed for
the hosting, management and the maintenance of the inte-
grated computerised veterinary systems
taking into
the existence of national databases, where
account
appropriate.

Information gathering activities are necessary to allow bet-
ter development and implementation of legislation in the
fields of animal health and food safety. Moreover, there is
a pressing need to disseminate as widely as possible infor-
mation regarding animal health and food safety legisla-
tion throughout the Community. It is therefore desirable
to extend the scope of Decision 90/424/EEC so as to
include the financing of information policy in the field of
animal protection to animal health and food safety in
products of animal origin.

Council Decision 2006/53/EC amending Decision
90/424/EEC established that Community financial contri-
bution shall be granted for eradication measures carried
out by the Member States to combat avian influenza. It is
desirable that this contribution covers also the costs
incurred by the Member States for compensation to own-
ers for their losses due to the destruction of eggs.

(10)

Furthermore, Decision 90/424/EEC provides that techni-
cal and scientific assistance shall be granted to Member
States for the development of Community veterinary leg-
islation and training. Having regard to the past experience,
it is desirable to extent the possibility for this assistance
to international organisations such as the World Organi-
sation for Animal Health (OIE) and the Food and Agricul-
ture Organisation (FAO).

(11)

For the sake of clarity, it is also appropriate to modify
Decision 90/424/EEC in order to enable a Member State
to inform the Commission of being directly threatened by
the occurrence of the animal diseases in a third country
or another Member State and to extend the animal dis-
eases referred to in Article 6 of that Decision to those pro-
vided for in the Annex.

(1) OJ L 94, 31.3.2004, p. 63. Decision as amended by Decision

2005/123/EC (OJ L 39, 11.2.2005, p. 53).

(12) Decision 90/424/EEC should therefore be amended

accordingly,

HAS ADOPTED THIS DECISION:

Article 1

Decision 90/424/EEC is amended as follows:

(1)

In Article 1, the third indent is replaced by the following:

‘— programmes for the eradication, control and monitor-

ing of animal diseases and zoonoses’.

(2)

In Article 3a, paragraph 3, the first indent is replaced by
the following:

‘— 50 % of the costs incurred by the Member State in com-
pensating livestock owners for the killing of poultry or
other captive birds and the value of the eggs destroyed.’.

(3)

In Article 6, paragraph 1 is replaced by the following:

‘1. Where a Member State is directly threatened by the
occurrence or the development, in the territory of a third
country or Member State, of one of the diseases referred to
in Article 3(1), 3a(1), 4(1) and (2), 11(1) or in the Annex, it
shall inform the Commission and the other Member States
of the measures which it intends to adopt for its protection.’.

(4) The title of Chapter 3 of Title I is replaced by following:
‘Information policy for animal health, animal welfare and food
safety’.

(5) Article 16 is replaced by the following:

‘Article 16

The Community shall make a financial contribution to the
establishment of an information policy in the field of ani-
mal health, animal welfare and food safety in products of
animal origin, including:

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(a)

the installation and development of information tools,
including an appropriate database for:

Programmes submitted after 30 April shall not be eligible
for financing the following year.

(i)

gathering and storing all information relating to
Community legislation concerning animal health,
animal welfare and food safety in products of ani-
mal origin;

(ii) disseminating the information referred to in
point (i) to the competent authorities, producers
and consumers, taking into account interfaces with
national databases where appropriate;

(b)

the performance of studies necessary for the prepara-
tion and development of legislation in the field of ani-
mal welfare.’.

(6) Article 19 is replaced by the following:

‘The Community may undertake, or assist the Member
States or international organisations in undertaking, the
technical and scientific measures necessary for the develop-
ment of Community veterinary legislation and for the devel-
opment of veterinary education or training.’.

(7) The title of Title II is replaced by the following:

‘Programmes for the eradication, control and monitoring of
animal diseases and zoonoses’.

(8) Article 24 is replaced by the following:

‘Article 24

1.
A Community financial measure shall be introduced
to reimburse the expenditure incurred by the Member States
for the financing of national programmes for the eradica-
tion, control and monitoring of the animal diseases and
zoonoses listed in the Annex (programmes).

The list in the Annex may be amended in accordance with
the procedure referred to in Article 41, in particular with
regard to emerging animal diseases which pose a risk for
animal health and, indirectly, to public health, or in the light
of new epidemiological or scientific evidence.

2.
Each year, by 30 April at the latest, Member States
shall submit to the Commission the annual or multi-annual
programmes starting in the following year for which they
contribution from the
wish to receive
Community.

financial

a

The programmes submitted by the Member States shall con-
tain at least the following:

(a) a description of the epidemiological situation of the dis-
the

the beginning of

ease before the date of
programme;

(b) a description and demarcation of the geographical and
administrative area in which the programme is to be
applied;

(c)

the likely duration of the programme, the measures to
be applied and the objective to be attained by the
completion date of the programme;

(d) an analysis of the estimated costs and the anticipated

benefits of the programme.

The detailed criteria including those involving more than
one Member State, shall be adopted in accordance with the
procedure laid down in Article 41.

In each multi-annual programme submitted by the Mem-
ber State, the information required in accordance with the
criteria referred to in this paragraph shall be provided for
each year of duration of the programme.

3.
The Commission may invite a Member State to sub-
mit a multi-annual programme or to extend the duration
of a submitted annual programme as appropriate where
multi-annual programming is deemed necessary in order to
ensure a more efficient and effective eradication, control and
monitoring of a particular disease, in particular with regard
to potential threats to animal health and, indirectly, to pub-
lic health.

The Commission may coordinate the regional programmes
involving more than one Member State in cooperation with
the Member States concerned.

4.
The Commission shall assess the programmes submit-
ted by the Member States from both the veterinary and the
financial angle.

The Member States shall communicate to the Commission
relevant additional information the latter requires for its
assessment of the programme.

The period for gathering all the information regarding the
programmes shall end on 15 September each year.

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Each year by 30 November at the latest, the follow-
5.
ing shall be approved in accordance with the procedure
referred to in Article 42:

In carrying out such checks, Commission experts may be
assisted by a group of experts set up in accordance with the
procedure referred to in Article 41.

(a)

the programmes, where appropriate amended to take
account of the assessment provided for in paragraph 4;

(b)

the level of
Community;

the financial contribution from the

(c)

the upper limit of the financial contribution from the
Community;

(d) any conditions to which the financial contribution from

the Community may be subject.

Programmes shall be approved for no longer than six years.

10.
Detailed rules for the application of this Article shall
be adopted in accordance with the procedure referred to in
Article 41.

11. Member States may allocate funds within the opera-
tional programmes drawn up in accordance with Article 17
of Regulation (EC) No 1198/2006 (**) for the eradication of
the diseases in aquaculture animals referred to in the Annex.

The funds shall be allocated in accordance with the proce-
dures laid down in this Article, with the following
adjustments:

Amendments of the programmes shall be approved in

6.
accordance with the procedure referred to in Article 42.

(a)

the rate of aid shall be in accordance with the rate laid
down in Regulation (EC) No 1198/2006;

For each approved programme the Member States

7.
shall submit the following reports to the Commission:

(b) paragraph 8 of this Article shall not apply.

(a)

intermediate technical and financial reports;

(b) by 30 April each year at the latest, an annual detailed
technical report including the assessment of the results
achieved and a detailed account of expenditure incurred
for the previous year.

8.
Payment applications relating to the expenditure
incurred by a Member State in respect of a given pro-
gramme for the previous year shall be submitted to the
Commission by 30 April at the latest.

The eradication shall be carried out in accordance with
Article 38(1) of Council Directive 2006/88/EC of 24 Octo-
ber 2006 on animal health requirements for aquaculture
animals and products thereof, and on the prevention and
control of certain diseases in aquatic animals (***), or under
an eradication programme.

(*) OJ L 165, 30.4.2004, p. 1; corrected version in OJ L 191,

28.5.2004, p. 1.

(**) Council Regulation (EC) No 1198/2006 of 27 July 2006 on a

European Fisheries Fund (OJ L 223, 15.8.2006, p. 1).

(***) OJ L 328, 24.11.2006, p. 14.’

In case of late payment applications, the Community finan-
cial contribution shall be reduced by 25 % on 1 June, 50 %
on 1 August, 75 % on 1 September and 100 % on 1 Octo-
ber of that year.

‘Article 26

(9) Article 26 is replaced by the following:

By 30 October each year at the latest, the Commission shall
decide on the Community payment taking account of the
technical and financial reports submitted by the Member
State in accordance with paragraph 7.

9.
Commission experts may carry out on-the-spot checks
in cooperation with the competent authority, in so far as it
is necessary to ensure uniform application of this Decision
in accordance with Article 45 of Regulation (EC)
No 882/2004 of the European Parliament and of the Coun-
cil of 29 April 2004 on official controls performed to
ensure the verification of compliance with feed and food
law, animal health and animal welfare rules (*).

The Community budget commitments for the co-financing
of the programmes shall be effected annually. The commit-
ments of the expenditure for the multi-annual programmes
shall be adopted in accordance with Article 76(3) of Coun-
cil Regulation (EC, Euratom) 1605/2002 of 25 June 2002
on the Financial Regulation applicable to the general bud-
get of
the European Union (*). For multi-annual pro-
grammes, the first budget commitment shall be made after
their approval Each subsequent commitment shall be made
by the Commission on the basis of the decision to grant a
contribution referred to in Article 24(5).

(*) OJ L 248, 16.9.2002, p. 1.’.

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(10) Articles 29, 29a, 32 and 33 are deleted.

Article 2

(11) In Article 37a(1) is replaced by the following:

‘1.
Community financial contribution may be granted for
the computerisation of the veterinary procedures relating to:

Decision 90/638/EEC is repealed from the date of taking effect
of the Decision laying down the criteria referred to in the fourth
subparagraph of Article 24(2) of Decision 90/424/EEC and the
detailed rules referred to in Article 24(10) of that Decision.

(a)

intra-Community trade in and imports of live animals
and products of animal origin;

Article 3

(b) hosting, management and maintenance of integrated
computerised veterinary systems, including interfaces
with national databases, where appropriate.’.

(12) Article 43a is replaced by the following:

For programmes approved before the taking effect of this Deci-
sion, the relevant provisions of Decision 90/424/EEC before it
was amended by this decision shall continue to apply. Notwith-
for Enzootic Bovine
standing Article 24(1), programmes
funded until
Leucosis
31 December 2010.

and Aujeszky’s disease may be

‘Article 43a

Every four years, the Commission shall submit to the Euro-
pean Parliament and to the Council a report on the animal
health situation and cost-effectiveness of the implementa-
tion of programmes in the various Member States, includ-
ing details of the criteria adopted.’.

(13) The Annex is replaced by the text

in the Annex to

this Decision.

Article 4

This Decision is addressed to the Member States.

Done at Brussels, 19 December 2006.

For the Council
The President
J. KORKEAOJA

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ANNEX

Animal diseases and zoonoses

— Bovine tuberculosis

— Bovine brucellosis

— Ovine and caprine brucellosis (B. melitensis)

— Bluetongue in endemic or high risk areas

— African swine fever

— Swine vesicular disease

— Classical swine fever

— Infectious haematopoietic necrosis

— Infectious salmon anaemia

— Anthrax

— Contagious bovine pleuropneumonia

— Avian influenza

— Rabies

— Echinococcosis

— Transmissible spongiform encephalopathies (TSE)

— Campylobacteriosis

— Listeriosis

— Salmonellosis (zoonotic salmonella)

— Trichinellosis

— Verotoxigenic E. coli

— Spring viraemia of carp (SVC)

— Viral haemorrhagic septicæmia (VHS)

— Koi herpes virus infection (KHV)

— Infection with Bonamia ostreae

— Infection with Marteilia refringens

— White spot disease in crustaceans.