COMMISSION DECISION of 20 July 1994 on the Community's financial contribution to a programme for the control of organisms harmful to plants and plant products in the Azores 1994 (Only the Portuguese text is authentic) (94/482/EC)
THE  COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 1600/92 of 15 June 1992 introducing specific measures in respect of certain agricultural products for the benefit of the Azores and Madeira (1), as last amended by the Commission Regulation (EEC) No 1974/93  (2), and in particular Article 33 thereof,
Whereas Commission Decision 93/522/EEC (3) defines what measures are eligible for Community financing as regards programmes for the control of organisms harmful to plants and plant products in the French overseas departments, the Azores and Madeira;
Whereas agricultural production conditions in the Azores call for particular attention, and action must be taken or reinforced as regards crop production, in particular the phytosanitary aspects for this region;
Whereas action to be taken or reinforced on the phytosanitary side is particularly costly;
Whereas the programme of action is to be presented to the Commission by the relevant Portuguese authorities; whereas this programme specifies the objectives to be achieved, the measures to be carried out, their duration and their cost so that the  Community may contribute to financing them;
Whereas the Community's financial contribution may cover up to 75 % of eligible expenditure, protective measures for bananas excluded;
Whereas the technical information provided by Portugal has enabled the Standing Committee on Plant Health to analyse the situation accurately and comprehensively;
Whereas the measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Plant Health,
The Community's financial contribution to the official programme for the control of organisms harmful to plants and plant products on the Azores presented for 1994 by the relevant Portuguese authorities is hereby approved.
The official programme shall relate to the control of Popillia Japonica New. On the island of Terceira in order to avoid its spread to other parts of the Community and to progressively tend to its total eradication on this island.
The programme covers the 1994 period and forms part of a larger programme, spread over several years, of specific phytosanitary measures for the Azores.
The Community contribution to financing the programme is limited to 75 % maximum of expenditure on eligible measures as defined by Commission Decision 93/522/EEC, and is set for 1994 at ECU 500 000 out of total expenditure of ECU 666 666 (VAT  excluded).
The schedule of programme costs and their financing is set out as Annex I to this Decision. If the total eligible expenditure for 1994 presented by Portugal was less than the forecast amount of ECU 666 666, the Community's contribution would be reduced  in proportion.
The Community will reimburse up to the amount specified in the first paragraph, at the financial rate of the ecu on 1 March 1994, i.e. ECU 1 = Esc 197,279.
An advance of ECU 200 000, amounting to 40 % of the Community contribution, shall be paid to the Member State.
The Community contribution shall be for expenditure on eligible measures in connection with operations covered by the programme concerning which provisions have been enacted in Portugal for which the necessary financial resources have been  specifically committed at the latest during a period running from a date six months before the date of notification of this Decision and ending on 31 December 1994. On pain of loss of entitlement to Community financing, Portugal shall stop payments in  connection with those operations by 1 August 1995 at the latest.
Specific provisions relating to the financing of the programme, provisions on compliance with Community policies and the information to be provided to the Commission by the Member State are set out in Annex II.
Public contracts in connection with investments covered by this Decision must be awarded in compliance with Community law, in particular the Directives coordinating procedures for awarding public works and supply contracts, and Articles 30,  52 and 59 of the EC Treaty.
This Decision is addressed to the Portuguese Republic.