CHAPTER ISUBJECT MATTER AND SCOPE
Article 1
This Decision lays down the procedures governing the Community financial contribution towards:
specific veterinary measures,
inspection measures in the veterinary field,
programmes for the eradication, control and monitoring of animal diseases and zoonoses.
CHAPTER IISPECIFIC VETERINARY MEASURES
SECTION 1 General provisions
Article 2
Specific veterinary measures shall include:
emergency measures,
a campaign against foot-and-mouth disease,
an information policy for animal health, animal welfare and food safety,
technical and scientific measures,
a contribution to national schemes for the eradication of certain diseases.
SECTION 2 Emergency measures
Article 3
1.
This Article shall apply in the event of the occurrence of one of the following diseases in the territory of a Member State:
rinderpest cattle plague,
sheep and goat plague,
swine vesicular disease,
bluetongue,
Teschen disease,
sheep pox or goat pox,
Rift Valley fever,
lumpy skin disease,
African horse sickness,
vesicular stomatitis,
Venezuelan equine viral encephalomyelitis,
haemorrhagic disease of deer,
classical swine fever,
African swine fever,
contagious bovine pleuropneumonia,
epizootic haematopoietic necrosis in fish (EHN),
epizootic ulcerative syndrome in fish (EUS),
infection with Bonamia exitiosa,
infection with Perkinsus marinus,
infection with Microcytos mackini,
Taura syndrome in crustaceans,
yellowhead disease in crustaceans.
2.
The Member State concerned shall obtain a Community financial contribution for the eradication of the disease, on condition that the measures applied immediately comprise at least the isolation of the holding from the time of suspicion and, following official confirmation of the disease:
the slaughter of animals of susceptible species which are affected or contaminated or suspected of being affected or contaminated, and their destruction,
the destruction of contaminated feedingstuffs and contaminated equipment, where the latter cannot be disinfected in accordance with the third indent,
the cleaning, disinsectisation and disinfection of the holding and of the equipment on the holding,
the establishment of protection zones,
the imposition of suitable measures to prevent the risk of the spread of infection,
the establishment of a waiting period to be observed after slaughter before re-stocking of the holding,
swift and adequate compensation of the livestock farmers.
3.
The Member State concerned shall also qualify for a Community financial contribution where, on the outbreak of one of the diseases listed in paragraph 1, two or more Member States collaborate closely to control the epidemic, particularly in carrying out an epidemiological survey and disease surveillance measures. Without prejudice to the measures provided for under the common organisation of markets concerned, the specific Community financial contribution shall be decided on in accordance with the procedure referred to in Article 40(2).
4.
The Member State concerned shall, without delay, inform the Commission and the other Member States of the measures applied in accordance with Community legislation on notification and eradication and the results thereof. The situation shall be examined as soon as possible within the Committee referred to in Article 40(1) (hereinafter referred to as the Committee). The specific Community financial contribution shall be decided in accordance with the procedure referred to in Article 40(2), without prejudice to the measures provided for in the context of the common organisation of markets concerned.
5.
If, in view of the development of the situation in the Community, it proves necessary to continue the measures provided for in paragraph 2 and Article 4, a new decision concerning the Community financial contribution, which might exceed the figure of 50 % laid down in the first indent of paragraph 6, may be adopted in accordance with the procedure referred to in Article 40(2). When this decision is adopted, any measures which the Member State concerned must take in order to ensure the success of the action may be laid down, and in particular measures other than those provided for in paragraph 2 of this Article.
6.
Without prejudice to market support measures to be taken as part of the common organisation of markets, the Community financial contribution, divided if necessary into several tranches, shall be:
50 % of the costs incurred by the Member State in compensating owners for the slaughter and destruction of animals and, where appropriate, their products, for the cleaning, disinsectisation and disinfection of holdings and equipment and for the destruction of the contaminated feedingstuffs and contaminated equipment referred to in the second indent of paragraph 2,
where vaccination has been decided upon in accordance with paragraph 5, 100 % of the cost of supply of the vaccine and 50 % of the costs incurred in carrying out that vaccination.
Article 4
1.
This Article and Article 3(4) and (5) shall apply in the event of the occurrence of avian influenza in the territory of a Member State.
2.
3.
The Community financial contribution, divided if necessary into several tranches, shall be:
50 % of the costs incurred by the Member State in compensating livestock owners for the killing of poultry or other captive birds and the value of the eggs destroyed,
50 % of the costs incurred by the Member State for the destruction of animals, the destruction of animal products, the cleaning and disinfection of holdings and equipment, the destruction of the contaminated feedingstuffs and for the destruction of contaminated equipment, where such equipment cannot be disinfected,
where emergency vaccination is decided upon in accordance with Article 54 of Directive 2005/94/EC, 100 % of the cost of supply of the vaccine and 50 % of the costs incurred in carrying out that vaccination.
Article 5
Article 6
1.
Article 3 shall apply where the control of grave health risks for the Community is involved, which are caused by the diseases listed in Article 3(1), even if the territory where the disease occurs is subject to an eradication programme in accordance with Article 27.
2.
Article 3 shall apply in the event of the occurrence of Newcastle disease in the territory of a Member State.
However, except where the Commission takes a decision in accordance with the procedure referred to in Article 40(2), authorising, on certain conditions and for a limited period and a limited area, recourse to vaccination, no Community financial contribution shall be granted for the supply of the vaccine or the carrying out of the vaccination.
3.
Article 7
1.
In accordance with the procedure referred to in Article 40(2), the Commission, at the request of a Member State, shall add to the list in Article 3(1) an exotic disease for which a declaration is mandatory and which is likely to constitute a danger for the Community.
2.
3.
Article 3(2) may be supplemented or amended in accordance with the procedure referred to in Article 40(2), in particular to take account of the inclusion of new diseases in the list in Article 3(1), of experience acquired or of the adoption of Community provisions concerning disease control.
Article 8
1.
Where a Member State is directly threatened by the occurrence or the development, in the territory of a third country or Member State, of one of the diseases referred to in Articles 3(1), 4(1), 6(1) and (2) or 14(1) or in Annex I, it shall inform the Commission and the other Member States of the measures which it intends to adopt for its protection.
2.
As soon as possible, the situation shall be examined within the Committee. In accordance with the procedure referred to in Article 40(2), it may be decided to adopt any measures appropriate to the situation including, in particular, the establishment of a vaccination buffer zone, and to grant a Community financial contribution towards the measures deemed particularly necessary for the success of the action undertaken.
3.
The decision referred to in paragraph 2 shall set out the eligible costs and the level of the Community financial contribution.
Article 9
1.
2.
The action referred to in paragraph 1, and the rules for its implementation, particularly concerning the choice, production, storage, transport and use of such stocks, and the level of the Community financial contribution, shall be decided in accordance with the procedure referred to in Article 40(2).
Article 10
1.
If the occurrence or the development in a third country of one of the diseases referred to in Articles 3(1), 4(1), 6(1), 7(1) or 14(1) may constitute a danger to the Community, the Community may give its support to control measures against that disease by supplying a vaccine or by financing the acquisition of vaccine.
2.
The action referred to in paragraph 1, the rules for its implementation, the conditions to which it may be subject and the level of the Community financial contribution shall be decided in accordance with the procedure referred to in Article 40(2).
Article 11
1.
The Commission shall carry out, with the cooperation of the national competent authorities, on-the-spot checks to ensure, from a veterinary point of view, that the measures adopted have been applied.
2.
Member States shall take all necessary steps to facilitate the checks referred to in paragraph 1, and shall, in particular, ensure that the experts have access to all information and documents necessary for assessing whether the measures have been carried out.
3.
General rules for the application of this Article, particularly concerning the frequency and methods of carrying out the checks referred to in paragraph 1, the appointment of veterinary experts and the procedure which they must follow in drawing up their report, shall be adopted in accordance with the procedure referred to in Article 40(2).
Article 12
The appropriations required for measures referred to in this section shall be decided each year as part of the budgetary procedure.
Article 13
The Community financial contribution shall not be granted where the total amount of the measure is less than EUR 10 000.
SECTION 3 The campaign against foot-and-mouth disease
Article 14
1.
This Article shall apply in the event of the occurrence of foot-and-mouth disease in the territory of a Member State.
2.
The Member State concerned shall obtain a Community financial contribution for the eradication of foot-and-mouth disease, on condition that the measures provided for in Article 3(2) and the appropriate provisions of Directive 2003/85/EC, are applied immediately.
3.
Article 3(4) shall apply.
4.
Without prejudice to the measures to be taken in the context of the common organisation of the market to support the market, the specific financial contribution under this Decision shall be equal to 60 % of the costs incurred by the Member State in:
(a)
compensating owners for:
- (i)
the slaughter and destruction of animals;
- (ii)
the destruction of milk;
- (iii)
the cleaning and disinfection of holdings;
- (iv)
the destruction of contaminated feedingstuffs and, where it cannot be disinfected, contaminated equipment;
- (v)
losses incurred by farmers as a result of restrictions imposed on the marketing of livestock and pasture-fattened animals as a result of the reintroduction of emergency vaccination, in accordance with Article 50(3) of Directive 2003/85/EC;
(b)
where applicable, the transport of carcases to processing plants;
(c)
any other measures which are essential for the eradication of the outbreak of the disease.
The Commission shall, in accordance with the procedure referred to in Article 40(2), define the nature of the other measures referred to in point (c) of this paragraph which may be eligible for the same Community financial contribution and the cases in which point (a)(v) of this paragraph shall apply.
5.
For the first time not later than 45 days after official confirmation of the first outbreak of foot-and-mouth disease, and subsequently as and when required by the turn of events, the situation shall be re-examined within the Committee. This examination shall cover both the veterinary situation and the estimated expenditure already incurred or committed. Following this examination, a new decision concerning the Community financial contribution, which may exceed the figure of 60 % laid down in paragraph 4, may be adopted in accordance with the procedure referred to in Article 40(3). This decision shall set out the eligible costs and the level of the Community financial contribution. In addition, when this decision is adopted, any measures which the Member State concerned must take in order to ensure the success of the action may be adopted, in particular measures other than those referred to in paragraph 2 of this Article.
Article 15
Any measure decided by the Community to assist the campaign against foot-and-mouth disease outside the Community, in particular measures taken pursuant to Articles 8 and 10, may receive a Community financial contribution.
Article 16
The measures and the rules for the implementation of the measures referred to in Article 15, the conditions to which they may be subject and the level of the Community financial contribution shall be decided in accordance with the procedure referred to in Article 40(3).
Article 17
The level of Community participation and the conditions to which such participation may be subject shall be determined in accordance with the procedure referred to in Article 40(3).
Article 18
The appropriations required for measures referred to in Articles 15, 16 and 17 shall be decided each year as part of the budgetary procedure.
Should a serious outbreak of foot-and-mouth disease necessitate expenditure under the provisions of this section in excess of the appropriations determined in accordance with the first paragraph, the Commission shall take the necessary measures within its existing powers or put forward to the budgetary authority the necessary proposals to ensure that the financial commitments in relation to Article 14 are fulfilled.
SECTION 4 Information policy for animal health, animal welfare and food safety
Article 19
The Community shall make a financial contribution to the establishment of an information policy in the field of animal health, animal welfare and food safety in products of animal origin, including:
- (a)
the installation and development of information tools, including an appropriate database for:
- (i)
gathering and storing all information relating to Community legislation concerning animal health, animal welfare and food safety in products of animal origin;
- (ii)
disseminating the information referred in point (i) to the competent authorities, producers and consumers, taking into account interfaces with national databases where appropriate;
- (i)
- (b)
the performance of studies necessary for the preparation and development of legislation in the field of animal welfare.
Article 20
The measures referred to in Article 19, the rules for their implementation and the level of the Community financial contribution shall be decided in accordance with the procedure referred to in Article 40(2).
Article 21
The appropriations required for measures as specified in this section shall be decided each year as part of the budgetary procedure.
SECTION 5 Technical and scientific measures
Article 22
The Community may undertake, or assist the Member States or international organisations in undertaking, the technical and scientific measures necessary for the development of Community veterinary legislation and for the development of veterinary education or training.
Article 23
The measures referred to in Article 22, the rules for their implementation and the level of Community financial contribution shall be decided upon in accordance with the procedure referred to in Article 40(2).
Article 24
The appropriations required for the measures provided for in this section shall be decided each year as part of the budgetary procedure.
CHAPTER IIIPROGRAMMES FOR THE ERADICATION, CONTROL AND MONITORING OF ANIMAL DISEASES AND ZOONOSES
Article 25
Community financial participation in the eradication of bovine brucellosis, tuberculosis and leucosis shall, without prejudice to the provisions of Article 28(1), be fixed by Directive 77/391/EEC and Directive 82/400/EEC.
Article 26
1.
The Community financial contribution towards the eradication of classical swine fever shall be fixed by Decision 80/1096/EEC.
2.
Article 27
1.
A Community financial measure shall be introduced to reimburse the expenditure incurred by the Member States for the financing of national programmes for the eradication, control and monitoring of the animal diseases and zoonoses listed in Annex I (hereinafter referred to ‘as programmes’).
The list in Annex I may be amended in accordance with the procedure referred to in Article 40(2), in particular with regard to emerging animal diseases which pose a risk to animal health and, indirectly, to public health, or in the light of new epidemiological or scientific evidence.
2.
Each year, by 30 April at the latest, Member States shall submit to the Commission the annual or multiannual programmes starting in the following year for which they wish to receive a Community financial contribution.
Programmes submitted after 30 April shall not be eligible for financing the following year.
The programmes submitted by the Member States shall contain at least the following:
(a)
a description of the epidemiological situation of the disease before the date of the beginning of the programme;
(b)
a description and demarcation of the geographical and administrative areas in which the programme is to be applied;
(c)
the likely duration of the programme, the measures to be applied and the objective to be attained by the completion date of the programme;
(d)
an analysis of the estimated costs and the anticipated benefits of the programme.
The detailed criteria including those involving more than one Member State shall be adopted in accordance with the procedure referred to in Article 40(2).
In each multiannual programme submitted by a Member State, the information required in accordance with the criteria referred to in this paragraph shall be provided for each year of duration of the programme.
3.
The Commission may invite a Member State to submit a multiannual programme or to extend the duration of a submitted annual programme as appropriate where multiannual programming is deemed necessary in order to ensure a more efficient and effective eradication, control and monitoring of a particular disease, in particular with regard to potential threats to animal health and, indirectly, to public health.
The Commission may coordinate the regional programmes involving more than one Member State in cooperation with the Member States concerned.
4.
The Commission shall assess the programmes submitted by the Member States from the veterinary and the financial angles.
The Member States shall communicate to the Commission relevant additional information the latter requires for its assessment of the programme.
The period for gathering all the information regarding the programmes shall end on 15 September each year.
5.
Each year by 30 November at the latest, the following shall be approved in accordance with the procedure referred to in Article 40(3):
(a)
the programmes, where appropriate amended to take account of the assessment provided for in paragraph 4 of this Article;
(b)
the level of the Community financial contribution;
(c)
the upper limit of the Community financial contribution;
(d)
any conditions to which the Community financial contribution may be subject.
Programmes shall be approved for no longer than six years.
6.
Amendments to the programmes shall be approved in accordance with the procedure referred to in Article 40(3).
7.
For each approved programme, the Member States shall submit the following reports to the Commission:
(a)
intermediate technical and financial reports;
(b)
by 30 April each year at the latest, an annual detailed technical report including the assessment of the results achieved and a detailed account of expenditure incurred for the previous year.
8.
Payment applications relating to the expenditure incurred by a Member State in respect of a given programme for the previous year shall be submitted to the Commission by 30 April at the latest.
In the case of late payment applications, the Community financial contribution shall be reduced by 25 % on 1 June, 50 % on 1 August, 75 % on 1 September and 100 % on 1 October of that year.
By 30 October each year at the latest, the Commission shall decide on the Community payment taking account of the technical and financial reports submitted by the Member State in accordance with paragraph 7.
9.
In carrying out such checks, Commission experts may be assisted by a group of experts set up in accordance with the procedure referred to in Article 40(2).
10.
Detailed rules for the application of this Article shall be adopted in accordance with the procedure referred to in Article 40(2).
11.
Member States may allocate funds within the operational programmes drawn up in accordance with Article 17 of Regulation (EC) No 1198/2006 for the eradication of the diseases in aquaculture animals referred to in Annex I to this Decision.
Those funds shall be allocated in accordance with the procedures laid down in this Article, with the following adjustments:
(a)
the rate of aid shall be in accordance with the rate laid down in Regulation (EC) No 1198/2006;
(b)
paragraph 8 of this Article shall not apply.
The eradication shall be carried out in accordance with Article 38(1) of Directive 2006/88/EC, or under an eradication programme.
Article 28
1.
Notwithstanding Articles 25, 26 and 27, the level of Community financial participation for programmes relating to the diseases referred to in those Articles shall be fixed by the Commission, in accordance with the procedure referred to in Article 40(2), at 50 % of the costs incurred in the Member State by way of compensation for owners for the slaughter of cattle because of the disease concerned.
2.
At the request of a Member State, the Commission shall, within the Committee, re-examine the situation with regard to the diseases covered by Articles 25, 26 and 27. This re-examination shall cover both the veterinary situation and the estimate of expenditure already committed or to be committed. Following this re-examination, any new decision on the Community financial contribution, which may be in excess of 50 % of the costs incurred in Member States to compensate owners for slaughtering animals for the disease concerned, shall be adopted in accordance with the procedure referred to in Article 40(3).
When that decision is adopted, any measures which the Member State concerned must take in order to ensure the success of the action may be adopted.
Article 29
CHAPTER IVVETERINARY INSPECTION
SECTION 1 Introductory provision
Article 30
The Community shall contribute towards improving the efficiency of veterinary inspections by:
granting financial aid to liaison and reference laboratories,
making a financial contribution towards carrying out inspections aimed at the prevention of zoonoses,
making a financial contribution towards implementing the inspection strategy required for the functioning of the internal market.
SECTION 2 Liaison and reference laboratories
Article 31
1.
Any liaison or reference laboratory designated as such in accordance with Community veterinary legislation and fulfilling the duties and requirements laid down therein, may receive Community aid.
2.
Arrangements for granting the aid provided for in paragraph 1, the conditions to which it may be subject and its amount shall be determined in accordance with the procedure referred to in Article 40(2).
3.
The appropriations required for the measures provided for in this section shall be decided upon each year as part of the budgetary procedure.
SECTION 3 Control strategy
Article 32
1.
Each Member State shall draw up a programme for exchanges of officials working in the veterinary sector.
2.
Within the Committee, the Commission shall, along with the Member States, coordinate the programmes for exchange.
3.
The Member State concerned shall take all the measures necessary for the implementation of the coordinated programmes for exchange.
4.
Each year, on the basis of reports by the Member States, the implementation of the programmes for exchange shall be examined within the Committee.
5.
Member States shall take account of experience acquired in order to improve and extend the programmes for exchange.
6.
Community financial aid may be granted with a view to promoting the smooth operation of programmes for exchange notably through the further training courses referred to in Article 34(1). The level of the Community financial contribution, and any conditions to which it may be subject, shall be determined in accordance with the procedure referred to in Article 40(2).
7.
For the purposes of this Article, Articles 23 and 24 shall apply.
Article 33
Article 34
1.
The Commission may, either directly or through the competent national authorities, organise refresher courses or meetings for personnel in the Member States, in particular, personnel responsible for the veterinary checks referred to in Article 33.
Such refresher courses or meetings may, according to availability, be open, at the request of the competent authorities and after the Commission has agreed, to personnel from third countries which have concluded cooperation agreements with the Community in the field of veterinary checks and to veterinary science graduates to extend their training in the area of Community rules.
2.
Arrangements for organising the measures provided for in paragraph 1 and the level of the Community financial contribution shall be established by the Commission in accordance with the procedure referred to in Article 40(2).
Article 35
1.
The introduction of systems for identifying animals and notifying diseases under legislation concerning veterinary checks in intra-Community trade in live animals, with a view to the completion of the internal market, may receive Community financial assistance.
2.
Arrangements for organising the measure provided for in paragraph 1 and the level of the Community’s financial contribution shall be established by the Commission after consultation of the Committee.
Article 36
1.
Community financial contribution may be granted for the computerisation of the veterinary procedures relating to:
(a)
intra-Community trade in and imports of live animals and products of animal origin;
(b)
hosting, management and maintenance of integrated computerised veterinary systems, including interfaces with national databases, where appropriate.
2.
Organisational arrangements for financing under paragraph 1 and the level of the Community financial contribution shall be determined in accordance with the procedure referred to in Article 40(2).
Article 37
1.
Should a Member State experience, from a structural or geographical point of view, staffing or infrastructure problems in implementing the control strategy brought about by the functioning of the internal market for live animals and products of animal origin, it may, for a transitional period, obtain Community financial assistance which is progressively reduced.
2.
The Member State concerned shall submit to the Commission a national programme, accompanied by all the appropriate financial information, designed to improve its control system.
3.
For the purposes of this Article, the provisions of Article 27(3) to (11) shall apply.
Article 38
The appropriations required for the measures provided for in this section shall be decided each year as part of the budgetary procedure.
CHAPTER VFINAL PROVISIONS
Article 39
Expenditure subject to funding under the terms of this Decision shall be managed directly by the Commission in accordance with Article 148(2) of Regulation (EC, Euratom) No 1605/2002.
Article 40
1.
2.
Where reference is made to this paragraph, Articles 5 and 7 of Decision 1999/468/EC shall apply.
The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at three months.
3.
Where reference is made to this paragraph, Articles 5 and 7 of Decision 1999/468/EC shall apply.
The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at 15 days.
Article 41
Every four years, the Commission shall submit to the European Parliament and to the Council a report on the animal health situation and cost-effectiveness of the implementation of programmes in the various Member States, including details of the criteria adopted.
Article 42
Decision 90/424/EEC is repealed.
References to the repealed Decision shall be construed as references to this Decision and be read in accordance with the correlation table set out in Annex III.
Article 43
This Decision is addressed to the Member States.
Done at Brussels, 25 May 2009.
For the Council
The President
J. Šebesta