Commission Regulation (EC) No 770/2008 of 1 August 2008 amending Regulation (EC) No 349/2005 laying down rules on the Community financing of emergency measures and of the campaign to combat certain animal diseases under Council Decision 90/424/EEC
Date: 2008-08-01
Institutions: European Commission
Subjects: EU Member State, EU financing, animal disease, health legislation, indemnification, slaughter of animals

2.8.2008

EN

Official Journal of the European Union

L 206/3

COMMISSION REGULATION (EC) No 770/2008

of 1 August 2008

amending Regulation (EC) No 349/2005 laying down rules on the Community financing of
emergency measures and of the campaign to combat certain animal diseases under Council
Decision 90/424/EEC

compensation’ section and an ‘operational expenditure’
section. As is already the case with the submission of
the ‘adequate compensation’ section, the submission of
the ‘operational expenditure’ section of
the financial
report should be linked with the notification of
the
specific decision establishing financial support.

Regulation (EC) No 349/2005 should be amended
accordingly.

The measures provided for in this Regulation are in
accordance with the opinion of the Committee on the
Agricultural Funds,

(7)

(8)

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 349/2005 is hereby amended as follows:

1. Article 1(1) is replaced by the following:

‘1.
This Regulation applies to Community financial contri­
butions granted to Member States in respect of eligible
expenditure as defined in Articles 3, 4 and 5, for disease
eradication measures in the situations referred to in:

(a) Article 3(1) and Article 3a(1) of Decision 90/424/EEC,

with the exception of equidae diseases; and

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

Having regard to Council Regulation (EC) No 1290/2005 of
21 June 2005 on the financing of the common agricultural
policy (1), and in particular Article 42(8a) thereof,

Whereas:

Council Decision 90/424/EEC of 26 June 1990 on
expenditure in the veterinary field (2)
lays down the
procedures governing the Community financial contri­
bution towards programmes
the eradication of
animal diseases.

for

Commission Regulation (EC) No 349/2005 (3) applies to
Community financial contributions granted to Member
States
in respect of eligible expenditure for animal
disease eradication measures.

Council Directive 2005/94/EC of 20 December 2005 on
Community measures for the control of avian influenza
and repealing Directive 92/40/EEC (4) establishes new
measures for controlling this disease even in the case
of a virus of low pathogenicity.

amended

90/424/EEC,

by Decision
as
Decision
2006/53/EC (5), provides for Community funding to be
allocated for certain eradication measures implemented
to combat avian
by the Member States
influenza. Article 3a of
the
Community financial contribution for the eradication of
avian influenza conditional on implementation of the
minimum measures laid down in Directive 2005/94/EC.

the Decision makes

in order

(1)

(2)

(3)

(4)

(5)

(6)

Regulation (EC) No 349/2005 should therefore be
amended accordingly.

(b) Article 4(1) and (2), Article 6(2) and Article 11(1) of that

Decision.’

Under Regulation (EC) No 349/2005 the Community
financial contribution will be paid particularly on the
basis of an application for reimbursement accompanied
‘adequate
by

comprising

financial

report

an

a

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

lation (EC) No 479/2008 (OJ L 148, 6.6.2008, p. 1).

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

(EC) No 1791/2006 (OJ L 363, 20.12.2006, p. 1).

(3) OJ L 55, 1.3.2005, p. 12.
(4) OJ L 10, 14.1.2006, p. 16.
(5) OJ L 29, 2.2.2006, p. 37.

2. Article 2, first subparagraph, (d) is replaced by the following:

third

‘(d) “necessary expenditure”: costs incurred in purchasing
equipment or services referred to in the first, second
of Decision
and
indents
90/424/EEC,
in the second indent of Article 3a(3) of
that Decision, and in points (a)(i) to (iv) and point (b)
of Article 11(4) thereof, where their nature and direct
link with eligible expenditure as defined in Article 3 of
this Regulation have been shown;’

of Article 3(2)

L 206/4

EN

Official Journal of the European Union

2.8.2008

3. Article 3(a) and (b) are replaced by the following:

‘(a) swift and adequate compensation to owners forced to
slaughter their animals or, where applicable, destroy
eggs, in accordance with the first and seventh indents
of Article 3(2), the first indent of Article 3a(3), and
point (a)(i) of Article 11(4) of Decision 90/424/EEC;

(b) operational expenditure paid out in connection with the
compulsory slaughter and destruction of animals and
contaminated products, cleaning and disinfecting of
buildings, and cleaning and disinfecting or, where
necessary, destruction of contaminated equipment,
in
accordance with the first, second and third indents of
Article 3(2), the second indent of Article 3a(3), and

points (a)(i) to (iv) and (b) of Article 11(4) of Decision
90/424/EEC;’

4. Article 7(2),
following:

second subparagraph,

is

replaced by the

‘The “operational expenditure” section of the financial report
referred to in point (a) of paragraph 1 shall be submitted in
the form of an electronic file in accordance with Annex IV
within 60 calendar days from the date of notification of the
specific decision establishing financial support.’

Article 2

This Regulation shall enter into force on the 20th day following
its publication in the Official Journal of the European Union.

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

Done at Brussels, 1 August 2008.

For the Commission

Androulla VASSILIOU
Member of the Commission