CELEX: 51986PC0555(01)
Language: en
Date: 1986-10-30
Title: PROPOSAL FOR A COUNCIL DECISION INTRODUCING SUPPLEMENTARY COMMUNITY FINANCIAL MEASURES FOR THE ERADICATION OF CLASSICAL SWINE FEVER

21.11.86                                Official Journal of the European Communities                            No C 295/3
                                                               II
                                                       (Preparatory Acts)
                                                 COMMISSION
              Proposal for a Council Decision introducing supplementary Community financial measures for
                                            the eradication of classical swine fever
                                                      COM(86) 555 final
                              (Submitted by the Commission to the Council on 5 November 1986)
                                                        (86/C 295/04)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                           Whereas the establishment and maintenance of officially
                                                                   swine-fever-free Member States or parts of Member
Having regard to the Treaty establishing the European              States will contribute to free movement of live pigs and
Economic Community, and in particular Article 43                   pigmeat as well as to improvements in the productivity of
thereof,                                                           the breeding herds and, as a result, to the income of
                                                                   those working in this sector;
Having regard to the proposal from the Commission,
                                                                   Whereas the Community must be in a position to
Having regard to the opinion of the European Par-                  ascertain that the provisions adopted by the Member
liament,                                                           States for the implementation of measures which are
                                                                   partly financed by the Community effectively contribute
                                                                   to the attainment of the objectives which have been set;
Having regard to the opinion of the Economic and                   whereas provision should therefore be made for a
Social Committee,                                                  procedure establishing close cooperation between the
                                                                   Member States and the Commission and regular on-the-
Whereas Council Directive 80/1096/EEC of 11                        spot checks designed to make sure that the programmes
November 1980 introducing financial measures for the               are being implemented,
eradication of classical swine fever (*), as last amended
by Regulation (EEC) No 3768/85 (2), provides that the
period for carrying out the common measures is five                HAS ADOPTED THIS DECISION:
years;
Whereas, because of a serious outbreak of classical swine                                       Article 1
fever in their territory during that period, certain                1.    Supplementary Community financial measures are
Member States have experienced difficulties                in      hereby introduced for the eradication of classical swine
completing their eradication programme;                            fever.
Whereas the disease has, thanks to the measures adopted            2.     The measures provided for by:
to combat it, in particular the setting-up of vaccination
areas, been brought under control; whereas, therefore,
the Member States concerned could continue to                      — Council Directive 80/217/EEC of 22 January 1980
implement the control measures with a view to making                    introducing Community measures for the control of
the territories in question free from classical swine fever,            classical swine fever (3), and
and whereas a further five-year period is therefore
required;                                                          — Council Directive 80/1095/EEC of 11 November
                                                                        1980 laying down conditions designed to render and
                                                                        keep the territory of the Community free from
Whereas it is necessary to take into account the measures               classical swine fever (4)
applied by certain Member States, in particular the
reintroduction of systematic emergency vaccination in
                                                                   shall, in the framework of the supplementary measures,
large parts of their territory, as well as those taken by
                                                                   be eligible for financial aid from the Community.
Member States which had been free but were reinfected;
0) OJ No L 325, 1. 12. 1980, p. 5.                                 O O J N o L 4 7 , 2. 2. 1980, p. 11.
(2) OJ No L 362, 31. 12. 1985, p. 8.                               (4) OJ No L 375, 1. 12. 1980, p. 5.
 ---pagebreak--- No C 295/4                              Official Journal of the European Communities                                   21.11.86
                           Article 2                               (d) up to 0,125 ECU per dose of vaccine used in the
                                                                        event of vaccination performed in certain specified
1.    The period during which the Community shall                       regions in pursuance of the new plan referred to
contribute to the cost of the measures referred to in                   in Article 5, it being understood that such
Article 1 shall be such that the total duration of the                  reimbursement will be limited to the first two years
measures introduced pursuant to Decision 80/1096/EEC                    of application of the plan;
and the supplementary measures is 10 years.
                                                                   (e) up to 1 ECU per sample examined in a laboratory in
2.    The estimated amount of aid to be charged to the
                                                                        connection with:
chapter of the Community budget covering expenditure
in the agricultural sector for the period covered by the               — detection tests for classical swine-fever carried
supplementary measures referred to in paragraph 1 is                        out with a view to determining holdings or
14,6 ECU.                                                                   regions which are officially swine-fever-free, or
                           Article 3                                    — tests carried out with a view to ascertaining the
                                                                            persistence of the swine fever virus in holdings or
1.    Expenditure by Member States on action taken in                       regions in which vaccination against swine fever
implementation of the new plan referred to in Article 5                     is performed, or
shall be subsidized by the Community within the limits
specified in this Article.                                             — tests carried out in order to diagnose the disease.
2.    The Community shall reimburse the Member States              3.     Paragraph 2 shall also apply in respect of measures
under the new plan referred to in Article 5:                       taken immediately following an outbreak of classical
                                                                   swine fever in a Member State which is officially free
(a) up to 50 % of the cost incurred in respect of                  from this disease within the meaning of Article 7 (1) of
    compensation to owners for the slaughter and                   Directive 80/1095/EEC.
    destruction of pigs in areas of the territory of the
    Member States where an outbreak of the disease has             4.     Provisions adopted by the Member States in
    been recorded.                                                 connection with the new plan referred to in Article 5 and
                                                                   the measures applied in the case specified in paragraph 3
    However, such reimbursement shall apply only in the            of this Article shall not be eligible for a financial contri-
    case of pigs slaughtered in the first 20 outbreaks             bution from the Community unless a Decision in
    recorded each year in the territory of each Member             accordance with Article 5 (3) has been adopted
    State.                                                         approving that plan or those measures.
    No financial aid shall be granted if, at the beginning
    of the outbreak on the holding concerned, vacci-               5.     Detailed rules for the application of this Article
    nation against classical swine fever was required              shall be adopted in accordance with the procedure laid
    under the national provisions applicable;                      down in Article 13 of Council Regulation (EEC) No
                                                                   729/70 of 21 April 1970 on the financing of the common
(b) up to 50 % of the cost incurred in respect of                  agricultural policy (').
    compensation to owners for the slaughter and de-
    struction of pigs in connection with systematic sero-                                     Article 4
    logical screening campaigns carried out with a view to
    implementing the new plan referred to in Article 5;            1.    Applications for payment shall relate to expenditure
                                                                   incurred by the Member States in the course of a
(c) up to 0,125 ECU per dose of vaccine used in the                calendar year and shall be submitted to the Commission
    event of emergency vaccination:                                before 1 July of the following year.
    — in a Member State recognized as being officially             2.     Article 7 (1) of Regulation (EEC) N o 729/70 shall
        free from classical swine fever in accordance with         apply to Commission Decisions on Community financing
        Article 7 (1) of Directive 80/1095/EEC,                    of this Decision.
    — in a region recognized as being officially free
                                                                   3.     Detailed rules for the application of this Article
        from classical swine fever in accordance with
                                                                   shall be adopted in accordance with the procedure laid
        Article 7 (2) of Directive 80/1095/EEC,
                                                                   down in Article 13 of Regulation (EEC) No 729/70.
    — in a Member State where systematic vaccination
        has been prohibited for at least three months,                                        Article 5
    — in any part of the territory of a Member State               1.     Member States shall forward to the Commission
        where systematic vaccination has been prohibited           the new plan provided for in Article 3a of Directive
        for at least three months.                                 80/1095/EEC before implementation of the plan and
    Reimbursement shall in all cases apply only in                 not later than . . . However, this deadline shall not be
    respect of vaccinations performed during a one-year            applied to a Member State which has been officially free
    period after the beginning of vaccination operations
    in the part of the territory concerned;                        C) OJ No L 94, 28. 4. 1970, p. 13.
 ---pagebreak---  21. 11. 86                               Official Journal of the European Communities                                No C 295/5
 from classical swine fever but which, as a result of an                                      Article 6
 outbreak of the disease and the latter's persistence, lost
 that status during the period for carrying out the                  Council Regulation (EEC) No 129/78 of 24 January
 measures provided for in Article 2(1).                               1978 on the exchange rates to be applied for the
                                                                     purposes of the common agricultural structures polity (x)
                                                                     and Articles 8 and 9 of Regulation (EEC) No 729/70
 2.    Member States shall inform the Commission as                  shall apply mutatis mutandis.
 soon as possible of the measures taken under Article 3
                                                                                              Article 7
 (3) should there be an outbreak of swine fever.
                                                                      1.   Where the procedure laid down in this Article is to
                                                                     be followed, matters shall be referred without delay by
 3.    The Commission shall examine the plans or                     its chairman, either on his own initiative or at the request
 measures forwarded in accordance with paragraphs 1                  of a Member State, to the Standing Veterinary
 and 2 to determine whether, in terms of their conformity            Committee (hereinafter called 'the Committee') set up by
 with the rules referred to in Article 1 and in the light of         Decision 68/361/EEC.
 the objectives of those rules, the conditions for a
 financial contribution by the Community have been met.              2.    Within the Committe the votes of the represen-
 Within two months following receipt of the plans or                 tatives of the Member States shall be weighted in the
 measures, the Commission shall submit a draft Decision              manner set out in Article 148 (2) of the Treaty. The
                                                                     chairman shall not vote.
'to the Standing Veterinary Committee. The Committee
 shall deliver its opinion in accordance with the procedure          3.    The Commission representative shall submit a draft
 laid down in Article 7. The Fund Committee shall be                 of the measures to be adopted. The Committee shall
 consulted on the financial aspects.                                 deliver its opinion on the draft within a time limit which
                                                                     the chairman may lay down according to the urgency of
                                                                     the matter. The opinion shall be adopted by the majority
 4.    The Commission shall make regular on-the-spot                 laid down in Article 148 (2) of the Treaty.
 checks to verify from a veterinary viewpoint whether the
                                                                     4.    The Commission shall adopt the measures
 plans are being applied.                                            envisaged if they are in accordance with the opinion of
                                                                     the Committee. Where they are not in accordance with
 Member States shall take the necessary steps to facilitate          the opinion of the Committee, or if no opinion is
 these checks and, in particular, to ensure that the experts         delivered, the Commission shall without delay submit to
 are supplied at their request with all the information and          the Council a proposal on the measures to be adopted.
 documentation needed for assessing the execution of the             The Council shall act by a qualified majority.
 plans.
                                                                     If the Council has acted within three months of the date
                                                                     on which the proposal was referred to it, the
 The general provisions for implementing this Article,
                                                                     Commission shall adopt the proposed measures.
 especially as regards the frequency and method of
 carrying out the checks referred to in the first subpara-                                    Article 8
 graph, the rules governing the appointment of the
 veterinary experts and the procedure which the latter must          This Decision is addressed to the Member States.
 follow when drawing up their report, shall be laid down in
 accordance with the prodecure set out in Article 7.                 O OJ No L 20, 25. 1. 1978, p. 16.
               Proposal for a Council Directive amending Directive 80/1095/EEC laying down conditions
                   designed to render and keep the territory of the Community free from classical swine fever
                                                       COM(86) 555 final
                               (Submitted by the Commission to the Council on 5 November 1986)
                                                         (86/C 295/05)
 THE COUNCIL OF THE EUROPEAN COMMUNITIES,                            Having regard to the opinion of the European Par-
                                                                     liament,
 Having regard to the Treaty establishing the European
 Economic Community, and in particular Article 43
 thereof,
                                                                     Having regard to the opinion of the Economic and
 Having regard to the proposal from the Commission,                  Social Committee,