CELEX: 51989PC0502
Language: en
Date: 1989-10-17
Title: PROPOSAL FOR A COUNCIL DECISION INTRODUCING A COMMUNITY FINANCIAL MEASURE FOR THE ERADICATION OF INFECTIOUS HAEMOPOIETIC NECROSIS OF SALMONIDS IN THE COMMUNITY

30. 12. 89                               Official Journal of the European Communities                               No C 327/59
             Proposal for a Council Decision introducing a Community financial measure for the eradication of
                               infectious haemopoietic necrosis of salmonids in the Community
                                                        COM(89) 502 final
                                      (Submitted by the Commission on 30 October 1989)
                                                          (89/C 327/11)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                                                       Article 3
Having regard to the Treaty establishing the European               The plan referred to in Article 1 shall provide for:
Economic Community, and in particular Article 43
thereof,                                                            1. the central authorities which are to implement and
                                                                         coordinate the plan;
Having regard to the proposal from the Commission,                  2. the registration of farms engaged in salmonid farming;
                                                                    3. the monitoring of all movements of salmonids;
Having regard to the opinion of the European Parliament,
                                                                    4. sampling for virus detection on the farms engaged in
                                                                         salmonid farming; the number of samples to be taken
Whereas infectious haemopoietic necrosis (IHN) of
                                                                         must depend on the animal health situation;
salmonids is a highly-contagious viral disease which may
cause important losses to fish farms;                               5. the transfer of samples to an approved laboratory for
                                                                         submission to a virological examination for the detection
Whereas it is necessary in the first instance to lay down                of IHN and viral haemorrhagic septicaemia (VHS)
appropriate surveillance measures in order to obtain the                 viruses;
information necessary to decide on possible measures for the
elimination of the disease;                                         6. the estimated unit costs for sampling and laboratory
                                                                         examination, as well as estimated total costs for carrying
                                                                         out the operations.
Whereas Member States must present an eradication plan;
Whereas the Community financial aid will consist of a partial                                  Article 4
reimbursement of the expenditure incurred by the Member
States   for    sampling    operations      and     laboratory
examination;                                                        The Commission shall examine the plans drawn up by the
                                                                    Member States in order to ascertain whether they meet the
                                                                    conditions for their approval or whether they should be
Whereas the measures must be adopted following a                    amended in any way.
procedure in which the Member States and the Commission
cooperate closely,                                                  The plans, including any amendments to them, shall be
                                                                    approved in accordance with the procedure provided for in
                                                                    Article 11.
HAS ADOPTED THIS DECISION:
                                                                                               Article 5
                                                                    The measure provided for in this Decision shall qualify for
                                                                    financial aid from the Community.
                          Article 1
Member States shall, before 1 January 1990, submit a plan
                                                                                                Article 6
with a view to eradicating IHN.
                                                                    1.     Community financial assistance shall be granted for a
                                                                    period of one year from the date fixed by the Commission in
                                                                    its decisions approving the plans referred to in Article 1.
                          Article 2
                                                                    2.     The estimated assistance to be charged to the
The definitions in Council Regulation (EEC) concerning the          Community budget under the Chapter covering expenditure
animal health conditions governing the placing on the market        relating to agriculture shall be ECU 2 million for the duration
of aquaculture animals and products (*) shall apply.                of the period provided for in paragraph 1.
 ---pagebreak--- No C 327/60                                Official Journal of the European Communities                                  30. 12. 89
                             Article 7                                2.     The representative of the Commission shall submit to
                                                                      the Committee a draft of the measures to be taken. The
1.     On condition that all the measures laid down are               Committee shall deliver its opinion on the draft within a time
applied and are in compliance with the plan approved                  limit which the chairman may lay down according to the
pursuant to Article 4, the expenditure incurred by the                urgency of the matter. The opinion shall be delivered by the
Member States pursuant to Article 3(4) and (5) shall qualify          majority laid down in Article 148(2) of the Treaty in the case
for Community financial aid within the limits laid down in            of decisions which the Council is required to adopt on a
Article 6.                                                            proposal from the Commission. The votes of the
                                                                      representatives of the Member States within the Committee
2.     The Community shall refund 50 % of the expenditure             shall be weighted in the manner set out in that Article. The
referred to in paragraph 1.                                           chairman shall not vote.
3.     Detailed rules for the application of this Article shall be    3.     The Commission shall adopt the measures envisaged if
adopted, as required, in accordance with the procedure laid           they are in accordance with the opinion of the
down in Article 11.                                                   Committee.
                                                                      4.     If the measures envisaged are not in accordance with
                                                                      the opinion of the Committee, or if no opinion is delivered,
                             Article 8
                                                                      the Commission shall, without delay, submit to the Council a
                                                                      proposal relating to the measures to be taken. The Council
1.     Applications for payment shall relate to expenditure           shall act by a qualified majority.
incurred by the Member States during the calendar year and
shall be submitted to the Commission before 1 July of the
                                                                      If, on the expiry of three months from the date of referral to
following year.
                                                                      the Council, the Council has not acted, the proposed
                                                                      measures shall be adopted by the Commission.
2.     The Commission shall decide on aid after consulting
the Committee referred to in Article 10.
3.     Detailed rules for the application of this Article shall be                               Article 12
adopted, as required, in accordance with the procedure laid
down in Article 11.                                                   The Commission shall carry out on-the-spot checks to ensure
                                                                      that the eradication plan is being applied.
                            Article 9                                 The Commission shall inform the Member States within the
                                                                      Committee of the results of the plans in the light of the
                                                                      information provided by the Member States, who shall
Articles 8 and 9 of Council Regulation (EEC) No 729/70 (M
                                                                      submit a report to the Commission together with the
shall apply mutatis mutandis.
                                                                      applications for payment and any reports from experts who,
                                                                      acting on behalf of the Community and appointed by the
                                                                      Commission, have made on-the-spot visits.
                            Article 10
The Commission shall be assisted by the Standing Veterinary
Committee (hereinafter referred to as 'the Committee'), set                                      Article 13
up by Council Decision 68/361/EEC (2).
                                                                      A further Community financial measure for the eradication
                                                                      of IHN may be undertaken depending on the results of the
                                                                      measure provided for in this Decision.
                            Article 11
1.     Where the procedure laid down in this Article is to be
followed, the chairman shall refer the matter to the                                             Article 14
Committee, either on his own initiative or at the request of
the representative of a Member State.                                 This Decision is addressed to the Member States.
(J) OJ No L 94, 28. 4. 1970, p. 13.
(2) OJ No L 255, 18. 10. 1968, p. 23.