COMMISSION DECISION of 8  September 1995 on the Community's financial contribution to a programme for the control of  organisms harmful to plants and plant products in Madeira for 1995 (Only the Portuguese text is  authentic) (95/383/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 Commission Regulation (EEC) No 1974/93  (2), and in particular Article 33 (3) 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 specific agricultural production conditions in Madeira call for particular attention, and  action must be taken or reinforced as regards crop production, in particular the phytosanitary  aspects for this region;
Whereas the 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 Island of Madeira presented  for 1995 by the relevant Portuguese authorities is hereby approved.
The official programme is made up of three sub-programmes:
1.  a sub-programme for the autocidal control of the fruit fly (Ceratitis capitata Wied);
2.  a sub-programme for the control of the white citrus fly (Aleurothrixus floccosus Maskell);
3.  a sub-programme for the control of Trialeurodes vaporariorum Westwood.
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 1995  at ECU 900  000 out of total expenditure of ECU 1  200  000 (VAT excluded).
The schedule of programme costs and their financing is set out as Annex I to this Decision. In the  case when the total eligible expenditure for 1995 presented by Portugal would be less than the  forecast amount of ECU 1  200  000, the Community's contribution would be reduced in proportion.
The Community reimbursement will be made in accordance with the provisions of the first paragraph  of this Article and the financial rate of the ecu on 1 June 1995, i.e. ECU 1 = Esc 196,159.
An advance of ECU 180  000 shall be paid to Portugal.
The Community assistance shall relate to the eligible measures associated with the  operations covered by the programme set up in Portugal by provisions for which the necessary  financial resources have been committed between 1 August and 31 December 1995. The final date for  payments in connection with the operations shall be 31 December 1995, and non-compliance without  justification of delay shall entail loss of entitlement to Community financing.
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 Portugal  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.