CELEX: 51974PC1670
Language: en
Date: 1974-10-17
Title: Proposal for a COUNCIL DECISION on the financing bay the Community of certain emergency measures in the field of animal health (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
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DOCUMENTS "COM"
COM (74) 1670
Vol. 1974/0266
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 ---pagebreak---       COMMISSION OF THE EUROPEAN COMMUNITIES
                                                              COM(74)1670 final
                                                              Brussels . 17 October 1974
                                        Proposai for a
                                      COUNCIL DECISION
                 on the financing lay -the Community of certain emergency measures
                                in the field of animal health
                       ( submitted to the Council "by the Commission)
C0M( 74 ) 1670 final
 ---pagebreak---                                                                  3548/VI /74-E
                             EXPLMATORY MEMORANDUM
   At its 158th meeting , held at Luxembourg on 29 June 1971 » "the Council
   expressed the desire that the Community should assume certain financial
   responsibilities in the field of animal health .   In the summary of the
   decisions taken at that meeting, a statement appears to the effect that ,
   following an exchange of views on the possibility of setting up a joint
   animal health fund , the Council recognized that everything possible must
   be done to accelerate the harmonization of national provisions relating
   to animal health and to find the means of achieving such harmonization ,
   particularly as regards the financial responsibility of the Community .
   The Council took note of the Commission 's intention of submitting
  proposals to that end relating to certain specific and limited cases .
' Furthermore , on 24 September 1973 the Standing Veterinary Committee also
   stressed the need to set up an emergency fund which would enable certain
   sums to be made available rapidly when the need arose , thus short-circuiting
  the usual lengthy procedures in order to obtain the funds necessary to
  protect the Community in cases of emergency .
  This is the object of the attached draft Decision .    It would enable the
  Community to intervene financially not only in cases where an exotic
  disease breaks out within its territory , but also where it is directly
  threatened owing to the outbreak of such disease in the territory of a
  third country .   Obviously , the most effective means of protecting the
  Community from epizootic diseases is to combat them in the places \vhere
  they have broken out , without waiting for them to approach or to break out
  within the frontiers of the Community .    This is why the Community should
  be given the means to intervene outside its territory also , though only ,
  naturally , to protect itself .
  Such action must be undertaken on the basis of general criteria which should
 be laid down here and now . However , since it is impossible to foresee
 all the different situations which might arise , it should be left to the
 executive bodies to determine in each specific instance the manner in which
 the Community should act *                 ,'
 ---pagebreak---                                     - 2 -                           3548/VI/74-E
The attached draft Decision ties up to some extent with the Council Directive
                     1
of 12 December 1972 on health and veterinary inspection problems upon
importation of bovine animals and swine and fresh meat from third countries
which , when implemented , will replace the national laws currently in force .
The Community should therefore begin to consider the possibility of making
itself to some extent responsible for making up losses suffered as a result
of outbreaks of exotic diseases occurring in or threatening its territory .
This should , however , in the Commission * s opinion , be regarded as a first
step which must later go further and take in a wider field .       Thus , the
Community should also assume financial responsibility for losses caused by
classical diseases where imports effected in accordance with common rules
are the cause of outbreaks in its territory .
It should be noted that the attached Decision would apply solely in respect
of real emergencies where the procedure used at - present for granting aid
would be too slow .    There could be no question of this Decision serving as
the legal basis for financing measures such as those taken in the past to
assist the PAO and Spain .
The appropriations for all the measures would form part of the annual
Community Budget . For 1975 "the Commission has requested appropriations
for this purpose amounting to 2 500 000 units of account .
 OJ No L 302 , 31 December 1972 , p. 28 .
 ---pagebreak---                                                                 3548/VI/74-E
                                 PROPOSAI. i'OR A
                                 COUÎiC IL DECISION
     on the financing "by the Community of certain emergency measures in the field
                                of animal health
THE COUNCIL OP THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty establishing the European Economic Community , and
in particular Article 43 thereof ;
Having regard to the proposal from the Commission ;
Having regard to the Opinion of the European Parliament ;
Having regard to the Opinion of the Economic and Social Committee ;
Whereas it has been recognized that everything possible must be done to accelerate
the harmonization of national provisions relating to animal health and to find the
means of achieving such harmonization , particularly as regards the Community 's
financial responsibility ;
Whereas such responsibility should at first relate only to the risk of outbreaks
of exotic diseases occurring within the territory of the Community and should
involve measures to be carried out both within and outside the Community ;   whereas
the outbreak of such diseases in a Member State may constitute a serious danger for
the Community as a whole ;
 ---pagebreak---                                                                  3548/VI/74-E
                                    -   2  ~
Whereas the manner in which responsibility is to be assumed should be defined in
each particular case as it arises , Tinder a flexible and rapid Community procedure
in which the Commission cooperates closely with the Member States ;
HAS ADOPTED THIS DECISION :
                                   Article 1
1.   Where an outbreak of one of the contagious diseases listed in Article 6 of
     the Council Directive of 12 December 1972 occurs in the territory of a
     Member State , such State shall receive financial assistance from the
     Community for the purpose of eradicating the disease , provided that the
     measures which are applied forthwith include the isolation of the farm in
     question from the moment when an outbreak is suspected and , as soon as    the
     disease is officially confirmed *
     - the slaughter and destruction of animals of susceptible species which are
        afflicted or infected or suspected of being so ;
     - the destruction of contaminated feedingstuffs ;
     - the disinfection of the farm ;
     - the establishment of buffer zones ;
     - the application of measures to prevent the spread of infection (whether by
        vehicles or by man);
     - the fixing of a minimum period during which the farm may not be restocked
        following slaughter .
2.   The Member State concerned shall forthwith inform the Commission and the other
     Member States of the measures applied and the results obtained.      The Standing
     Veterinary Committee shall meet as soon as possible to examine the situation.
     The decision to grant Community financial assistance shall be taken in accordance
     with the procedure laid down in Article 5 » The grant of such assistance may be
     made conditional on the application, in addition to the measures specified above ,
      of such further measures as may be considered necessary for the achievement of .
      the aim in view.
 ---pagebreak---                                                                3548/VI/74-E
                                 - 3 -
3. The Community 's financial contribution, which may "be split up into several
   instalments , may cover up to 5   of the expenses incurred "by the Member
   State in compensating owners for the slaughter and destruction of the animals
   and for the destruction of feedingstuffs .   The contribution shall be calculated
   on the basis of documentary evidence submitted by the Member State concerned.
4. The list of diseases referred to in paragraph 1 may, for the purposes of this
   Decision, be altered in accordance with the procedure laid down in Article 5 *
                               Article 2
1. If a Member State is directly threatened by the outbreak in the territory of
   an adjacent third country or Member State of a contagious disease as referred
   to in Article 1(1 ), such Member State may if it considers special measures
   necessary for its protection, in particular the creation of a buffer sone of
   vaccinated animals , obtain financial assistance from the Community, to be
   granted in accordance with the procedure laid down in Article 5 «
2. The Member State concerned shall to this end inform the Commission and the
   other Member States of its intentions without delay .    The Standing Veterinary
   Committee shall meet as soon as possible to examine the situation .
   The decision to grant Community financial assistance , which may relate only to
   the cost of purchasing vaccine and of carrying out vaccination , shall be taken
   in accordance with the procedure laid down in Article 5 »    The grant of such
   assistance may be made conditional on the application of such special measures
   as may be considered necessary for the achievement of the aim in view .
3. The Community 's financial contribution, which may be split up into several
   instalments , may cover up to 100$ of the cost of the vaccine and up to ^Ofa
   of the cost of carrying out vaccination.
 ---pagebreak---                                                                  3548/VI/74-E
                                     -  4  -
                                    Article 3
The Community may make a financial contribution towards the cost of "building up
 stocks of biological products (vaccines , appropriate virus strains , diagnosis
serums ) to combat the contagious diseases referred to in Article 1(1 ).
 The desirability of such action and detailed rules for its implementation, parti-....
 cularly as regards the choice , production, transport and use of such stocks , shall be
 determined in accordance with the procedure laid down in Article 5 »
                                    Article 4
1.    If the Community is threatened by the outbreak in a third countiy of a
      contagious disease as referred to in Article 1(1 ), it may help combat the
      disease by financing in particular the purchase of vaccine .
2.     The desirability of such Community intervention and detailed rules for its
       implementation, in particular the animal health measures to which it may be
      made subject , shall be determined in accordance with the procedure laid down
       in Article 5 .
3.    Such financial contribution by the Community may not exceed 25$ of the
      appropriations shown in the Budget in any given year for all the measures
      provided for in this Decision.
                                    Article 5
1.    Where the procedure laid down in this Article is to be followed , matters shall
      be referred by the Chairman, either on his own initiative or at the request of
      a Member State , to the Standing Veterinary Committee ( hereinafter called the
      'Committee' ) set up by the Council Decision of 15 October 1968 .
2.    Within the Committee , the votes of the Member States shall be weighted as
     provided in Article 148(2 ) of the Treaty.    The Chairman shall not vote.
 ---pagebreak---                                                                    3548/VI/74-E
                                     - 5 -
 3.  The representative of the Commission shall submit a draft of the measures to
     "be adopted .   The Committee shall deliver its opinion on such measures within
     two days .    Opinions shall "be delivered "by a majority of forty-one votes .
4.   The Commission shall adopt the measures and put them immediately into effect
     where they are in accordance with the opinion of the Committee .      Where the
     measures are not in accordance with the opinion of the Committee , oi* if no
     opinion is delivered , the Commission shall without delay propose to the
     Council the measures to "be adopted .    The Council shall act "by a qualified
     majority.
     If, within fifteen days of the proposal "being submitted to it , the Council
     has not acted , the Commission shall adopt the proposed measures and put them
     immediately into effect .
                                  Article 6
The appropriations required for the implementation of the measures provided for
in this Decision shall "be fixed each year as part of the Budget .
                                  Article 7
The provisions of Article 5 shall apply until 22 June 1975 *
                                  Article 8
This Decision is addressed to the Member States .
Done at Brussels ,                19                            For the Council
                                                                 The President