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Regulation (EU) No 652/2014 of the European Parliament and of the CouncilShow full title

Regulation (EU) No 652/2014 of the European Parliament and of the Council of 15 May 2014 laying down provisions for the management of expenditure relating to the food chain, animal health and animal welfare, and relating to plant health and plant reproductive material, amending Council Directives 98/56/EC, 2000/29/EC and 2008/90/EC, Regulations (EC) No 178/2002, (EC) No 882/2004 and (EC) No 396/2005 of the European Parliament and of the Council, Directive 2009/128/EC of the European Parliament and of the Council and Regulation (EC) No 1107/2009 of the European Parliament and of the Council and repealing Council Decisions 66/399/EEC, 76/894/EEC and 2009/470/EC

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Changes over time for: CHAPTER II

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CHAPTER II U.K. Plant health

Section 1 U.K. Emergency measures

Article 16U.K.Eligible measures

1.Grants may be awarded to Member States up to the maximum rates set in Article 5(1) to (3) for the following measures against pests, subject to the conditions laid down in Article 17:

[F1(a) measures to eradicate a pest from an infested area, taken by the competent authorities pursuant to Article 17(1), Article 28(1), Article 29(1) or Article 30(1) of Regulation (EU) 2016/2031 of the European Parliament and of the Council (1) ;

(b) measures to contain a priority pest, listed pursuant to Article 6(2) of Regulation (EU) 2016/2031, against which Union containment measures have been adopted pursuant to Article 28(2) of that Regulation, in an infested area from which that priority pest cannot be eradicated, where those measures are essential to protect the Union territory against further spread of that priority pest. Those measures shall concern the eradication of that pest from the buffer zone surrounding that infested area if it is found to be present in that buffer zone; and

(c) prevention measures taken against the spread of a priority pest, listed pursuant to Article 6(2) of Regulation (EU) 2016/2031, against which Union measures have been adopted pursuant to Article 28(3) of that Regulation, where those measures are essential to protect the Union territory against further spread of that priority pest.]

Grants for measures referred to in points (a) and (b) of the first subparagraph may also be awarded for measures taken as a result of a suspected presence of such a pest, provided that that presence is subsequently confirmed.

2.Grants referred to in paragraph 1 may also be awarded to a Member State in whose territory the pests referred to in paragraph 1 are not present, where measures have been taken against the entry of those pests into the territory of that Member State because of their presence in a neighbouring Member State or third country immediately adjacent to its border.

3.Grants may be awarded to Member States where, following the confirmation of the presence of one of the pests referred to in Article 17, two or more Member States collaborate closely in carrying out the measures referred to in paragraph 1.

4.Grants in respect of the measures referred to in points (a) to (c) of the first subparagraph of paragraph 1 may also be awarded to international organisations.

[F1Article 17 U.K. Conditions

The measures referred to in Article 16 may qualify for grants provided that they have been applied immediately and the applicable provisions laid down in the relevant Union law have been complied with, and provided that one or more of the following conditions are fulfilled:

(a)

they concern Union quarantine pests, listed pursuant to Article 5(2) of Regulation (EU) 2016/2031 as not known to occur in the Union territory;

(b)

they concern pests, not listed as Union quarantine pests, which are subject to a measure adopted by the competent authority of a Member State pursuant to Article 29(1) of Regulation (EU) 2016/2031;

(c)

they concern pests, not listed as Union quarantine pests, which are covered by a measure adopted by the Commission pursuant to Article 30(1) of Regulation (EU) 2016/2031;

(d)

they concern priority pests listed pursuant to Article 6(2) of Regulation (EU) 2016/2031.

For measures fulfilling the condition laid down in point (b) of the first paragraph, the grant shall not cover costs incurred later than two years after the entry into force of the measure adopted by the competent authority of the Member State concerned pursuant to Article 29 of Regulation (EU) 2016/2031, or incurred after the expiry of that measure. For measures fulfilling the condition laid down in point (c) of the first paragraph, the grant shall not cover costs incurred after the expiry of the measure adopted by the Commission pursuant to Article 30(1) of Regulation (EU) 2016/2031.]

Article 18U.K.Eligible costs

1.The following costs incurred by Member States in carrying out the measures referred to in Article 16 may qualify for grants under that Article:

(a)costs of personnel, regardless of their status, directly involved in the measures, as well as costs of renting equipment, of consumables and of any other necessary materials, of treatment products, of sampling and of laboratory tests;

(b)costs of service contracts with third parties to execute part of the measures;

(c)costs of compensating the operators or owners concerned for the treatment, the destruction and subsequent removal of plants, of plant products and of other objects, and for the cleaning and disinfection of premises, land, water, soil, growing media, facilities, machinery and equipment;

[F1(d) costs of compensation to the owners concerned for the value of the destroyed plants, plant products or other objects subject to the measures referred to in Article 16, limited to the market value of such plants, plant products and other objects as if they were not affected by those measures; the salvage value, if any, shall be deducted from the compensation; and]

(e)in exceptional and duly justified cases, the costs incurred in carrying out necessary measures other than those referred to in points (a) to (d), provided that such measures are set out in the financing decision referred to in Article 36(4).

The compensation to owners referred to in point (c) shall only be eligible if the measures have been carried out under the supervision of the competent authority.

2.As referred to in Article 130(1) of Regulation (EU, Euratom) No 966/2012, costs shall be eligible from the date of notification of the presence of the pest by the Member States to the Commission. Such costs may also include costs incurred as a result of the suspected presence of that pest, provided that that presence is subsequently confirmed.

3.After assessment of the payment applications submitted by the Member States, the Commission shall make the corresponding budgetary commitments and the payment of eligible expenditure.

Section 2 U.K. Survey programmes concerning the presence of pests

Article 19U.K.Eligible survey programmes

[F1Grants may be awarded to Member States for annual and multiannual survey programmes that they carry out concerning the presence of pests ( survey programmes ), provided that those survey programmes comply with at least one of the following three conditions:

(a)

they concern Union quarantine pests listed pursuant to Article 5(2) of Regulation (EU) 2016/2031 as not known to occur in the Union territory;

(b)

they concern priority pests listed pursuant to Article 6(2) of Regulation (EU) 2016/2031; and

(c)

they concern pests not listed as Union quarantine pests which are covered by a measure adopted by the Commission pursuant to Article 30(1) of Regulation (EU) 2016/2031.]

For the pests referred to in point (a) of the first paragraph of this Article, the survey programmes shall be based on an assessment of the risk of the entry, establishment and spread of those pests in the territory of the Member State concerned and shall as a minimum target the pests that pose the main risks and the main plant species that are exposed to those risks.

[F1For measures fulfilling the condition laid down in point (c) of the first paragraph, the grant shall not cover costs incurred after the expiry of the measure adopted by the Commission pursuant to Article 30(1) of Regulation (EU) 2016/2031.]

Article 20U.K.Eligible costs

The following costs incurred by the Member States in implementing the survey programmes referred to in Article 19 may qualify for grants under that Article:

(-a)

[F2costs for visual examinations;]

(a)

costs for sampling;

(b)

costs of tests, provided that they are limited to:

(i)

the costs of test kits, of reagents and of consumables which are identifiable and specifically used for carrying out the tests;

(ii)

the costs of personnel, regardless of their status, directly involved in carrying out the tests;

(c)

in exceptional and duly justified cases, costs incurred in carrying out necessary measures other than those referred to in points (a) and (b), provided that such measures are set out in the grant decision referred to in Article 22(3) and (4).

Article 21U.K.Content and submission of the survey programmes

1.By 31 May, Member States shall submit to the Commission the survey programmes which are due to start in the following year in respect of which they wish to apply for a grant.

Survey programmes submitted after 31 May shall not be eligible for financing in respect of the following year.

2.The survey programmes shall contain at least the following:

(a)the pests included in the programme;

(b)a description and demarcation of the geographical and administrative areas in which the programme is to be applied and a description of the status of those areas as regards the presence of the pests concerned;

(c)the duration of the programme;

(d)the number of visual examinations, samples and tests scheduled for the pests and plants, plants products and other objects concerned;

(e)the estimated budget;

(f)the targets to be attained by the completion date of the programme and the anticipated benefits thereof; and

(g)appropriate indicators to measure the achievement of the targets of the programme.

In each multiannual survey programme, the information referred to in points (b), (d), and (f) of the first subparagraph shall be provided for each year covered by the programme, in the case of significant changes compared to the previous year. The information referred to in point (e) of that subparagraph shall be provided for each year covered by the programme.

Article 22U.K.Evaluation and approval of the survey programmes

1.The Commission shall evaluate the survey programmes taking into account the priorities and criteria set out in the annual or multiannual work programmes referred to in Article 36(1).

2.The Commission shall communicate to Member States by 30 November each year:

(a)the list of survey programmes technically approved and proposed for co-financing;

(b)the provisional amount allocated to each programme;

(c)the provisional maximum level of the Union financial contribution for each programme; and

(d)any provisional conditions to which the Union financial contribution may be subject.

3.The Commission shall approve the annual survey programmes and associated funding by 31 January each year by means of a grant decision in relation to the measures implemented and the costs incurred from 1 January to 31 December of that year. Following submission of the intermediate reports as referred to in Article 23, the Commission may, if necessary, amend such decisions in relation to the whole eligibility period.

4.The Commission shall approve the multiannual survey programmes and associated funding by 31 January of the first year of implementation by means of a grant decision in relation to the measures implemented and the costs incurred from 1 January of the first year of implementation until the end of the implementation period.

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Article 23U.K.Reporting

For each approved annual or multiannual survey programme, Member States shall submit to the Commission, by 30 April each year, an annual detailed technical and financial report covering the previous year. That report shall include the results achieved, measured on the basis of the indicators referred to in Articles 21(2)(g) and a detailed account of eligible costs incurred. In addition, for each approved annual survey programme, Member States shall submit to the Commission, by 31 August each year, an intermediate financial report.

Article 24U.K.Payments

The payment request for a given year in respect of a survey programme shall be submitted by the Member State to the Commission by 30 April of the following year.

The Commission shall pay the Union financial contribution for the eligible costs following appropriate verification of the reports referred to in Article 23.

Section 3 U.K. Programmes concerning the control of pests in outermost regions of the Union

Article 25U.K.Eligible measures and eligible costs

1.Grants may be awarded to Member States for programmes that they carry out for the control of pests in the outermost regions of the Union referred to in Article 349 TFEU in line with the objectives set out in Article 2 of Regulation (EU) No 228/2013 (‘programmes for the outermost regions’). Those grants shall concern activities necessary to ensure the correct implementation in those regions of the rules, whether they are Union rules or national rules, in force in those regions, on the control of pests.

2.The following costs incurred by Member States for programmes for the outermost regions may qualify for a Union financial contribution:

(a)costs of personnel, regardless of their status, directly involved in the implementation of the measures, as well as the costs of renting equipment, of consumables and of treatment products;

(b)costs of service contracts with third parties to execute part of the measures;

(c)costs of sampling;

(d)costs of tests, provided that they are limited to:

(i)

the costs of test kits, of reagents and of consumables which are identifiable and specifically used for carrying out the tests;

(ii)

the costs of personnel, regardless of their status, directly involved in carrying out the tests.

Article 26U.K.Content and submission of the programmes for the outermost regions

1.By 31 May Member States shall submit to the Commission the programmes for the outermost regions which are due to start in the following year in respect of which they wish to apply for a grant.

Programmes for the outermost regions submitted after 31 May shall not be eligible for financing in respect of the following year.

2.The programmes for the outermost regions shall contain at least the following:

(a)the pests included in the programme;

(b)a description and demarcation of the geographical and administrative areas in which the programme is to be applied and a description of the status of those areas as regards the presence of the pests concerned;

(c)a technical analysis of the regional phytosanitary situation;

(d)the duration of the programme;

(e)the activities included in the programme and, where relevant, the number of visual examinations, samples and tests scheduled for the pests and plants, plants products and other objects concerned;

(f)the estimated budget;

(g)the targets to be attained by the completion date of the programme and the anticipated benefits thereof; and

(h)appropriate indicators to measure the achievement of the targets of the programme.

In each multiannual programme for the outermost regions, the information referred to in points (b), (e) and (g) of the first subparagraph shall be provided for each year covered by the programme, in the case of significant changes compared to the previous year. The information referred to in point (f) of that subparagraph shall be provided for each year covered by the programme.

Article 27U.K.Evaluation and approval of the programmes for the outermost regions

1.The programmes for the outermost regions shall be evaluated taking into account the priorities and criteria set out in the annual or multiannual work programmes referred to in Article 36(1).

2.The Commission shall communicate to Member States by 30 November each year:

(a)the list of programmes for the outermost regions technically approved and proposed for co-financing;

(b)the provisional amount allocated to each programme;

(c)the provisional maximum level of the Union financial contribution for each programme; and

(d)any provisional conditions to which the Union financial contribution may be subject.

3.Annual programmes for the outermost regions and associated funding shall be approved by 31 January each year by means of a grant decision in relation to the measures implemented and the costs incurred from 1 January to 31 December of that year. Following submission of the intermediate reports as referred to in Article 28, the Commission may, if necessary, amend such decisions in relation to the whole eligibility period.

4.Multiannual programmes for the outermost regions and associated funding shall be approved by 31 January of the first year of implementation by means of a grant decision in relation to the measures implemented and the costs incurred from 1 January of the first year of implementation until the end of the implementation period.

F35.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 28U.K.Reporting

For each approved annual or multiannual programme for the outermost regions, Member States shall submit to the Commission, by 30 April each year, an annual detailed technical and financial report covering the previous year. That report shall include the results achieved, measured on the basis of the indicators referred to in point (h) of the first subparagraph of Article 26(2) and a detailed account of eligible costs incurred.

In addition, for each approved annual programme for the outermost regions, Member States shall submit to the Commission, by 31 August each year, an intermediate financial report.

Article 29U.K.Payments

The payment request for a given year in respect of a programme for the outermost regions shall be submitted by the Member State to the Commission by 30 April of the following year.

The Commission shall pay the Union financial contribution for the eligible costs following appropriate verification of the reports referred to in Article 28.

(1)

[F1Regulation (EU) 2016/2031 of the European Parliament and of the Council of 26 October 2016 on protective measures against pests of plants, amending Regulations (EU) No 228/2013, (EU) No 652/2014 and (EU) No 1143/2014 of the European Parliament and of the Council and repealing Council Directives 69/464/EEC, 74/647/EEC, 93/85/EEC, 98/57/EC, 2000/29/EC, 2006/91/EC and 2007/33/EC ( OJ L 317, 23.11.2016, p. 4 ).]

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