2004/51/EC: Commission Decision of 23 December 2003 on the financial contribution from the Community towards the eligible costs of the eradication of avian influenza in the Germany in 2003 (Text with EEA relevance) (notified under document number C(2003) 5009)

Commission Decision
of 23 December 2003
on the financial contribution from the Community towards the eligible costs of the eradication of avian influenza in the Germany in 2003
(notified under document number C(2003) 5009)
(Only the German text is authentic)
(Text with EEA relevance)
(2004/51/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to Council Decision 90/424/EEC of 26 June 1990 on expenditure in the veterinary field(1), as last amended by Regulation (EC) No 806/2003(2), and in particular Article 3(3) and Article 5(3) thereof,
Whereas:
(1) As soon as the presence of avian influenza was officially confirmed in 2003, Germany reported that it had immediately implemented the control measures to be applied in the event of an outbreak of that disease as provided for in Council Directive 92/40/EEC of 19 May 1992 introducing Community measures for the control of avian influenza(3), as last amended by Regulation (EC) No 806/2003, as required in order to obtain a financial contribution from the Community for the eradication of the disease in accordance with Decision 90/424/EEC.
(2) Avian influenza represents a serious danger to Community stocks. Accordingly, in order to prevent the spread of that disease and contribute to its eradication, the Community should contribute to eligible expenditures incurred by Germany. It is therefore appropriate that a financial contribution from the Community should be granted to Germany under the provisions of Decision 90/424/EEC in order to cover the costs related to the outbreak of avian influenza in 2003.
(3) It is necessary to clarify the concepts of "swift and adequate compensation of the livestock farmers" and "destruction, cleaning, disinfection and disinsectisation costs" used in Article 3 (2) of Decision 90/424/EEC and the concepts of "reasonable payments" and "justified payments" mentioned in the present Decision.
(4) Pursuant to Article 3(2) of Council Regulation (EC) No 1258/1999 of 17 May 1999 on the financing of the common agriculture policy(4), veterinary and plant health measures undertaken in accordance with Community rules are to be financed under the Guarantee Section of the European Agricultural Guidance and Guarantee Fund. For financial control purposes, Articles 8 and 9 of Regulation (EC) No 1258/1999 apply.
(5) Having regard to the uncertainty on the final eligible amount needed to compensate the outbreak of the disease, the financial contribution at this stage should be limited to an advance of EUR 135000, for the eligible costs incurred for the obligatory culling of the animals and the obligatory destruction of the eggs.
(6) The financial contribution from the Community should be granted provided that the actions planned are carried out efficiently and that the competent authorities supply all the necessary information within the time limits laid down in this Decision.
(7) The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,