Council Decision of 26 June 1990 on expenditure in the veterinary field (90/424/EEC) (repealed)

TITLE II U.K. Programme for the eradication and monitoring of animal diseases

Article 22 U.K.

1. Community financial participation in the eradication of bovine brucellosis, tuberculosis and leucosis shall — without prejudice to the provisions of Article 25 (1) — be fixed by:

• Directive 77/391/EEC,

• Directive 82/400/EEC,

• Decision 87/58/EEC.

2. The Community financial contribution towards the eradication of bovine contagious pleuropneumonia shall be fixed by Decision 89/145/EEC.

Article 23 U.K.

1. The Community financial contribution towards the eradication of classical swine fever shall be fixed by Decision 80/1096/EEC.

2. The Community financial contribution towards the eradication of African swine fever shall be fixed by:

• Decision 86/649/EEC,

• Decision 86/650/EEC,

• Council Decision 90/217/EEC of 25 April 1990 on Community financial aid for the eradication of African swine fever in Sardinia(1).

3. The Community financial contribution towards the eradication of ovine brucellosis shall be fixed by Council Decision 90/242/EEC of 21 May 1990 introducing a Community financial measure for the eradication of brucellosis in sheep and goats(2).

4. The Community financial contribution towards the eradication of infectious hematopoeitic necrosis shall be fixed, before 31 December 1990, under a Council Decision introducing a Community financial measure for the eradication of infectious salmonid hematopoeitic necrosis in the Community.

Article 24 U.K.

1. A Community financial measure shall be introduced for the eradication and monitoring of the diseases listed in the Annex. This list may be supplemented or amended in line with developments in the health situation in the Community on the basis of a decision of the Council, acting by a qualified majority on a proposal from the Commission[F1 or by the Commission in accordance with the procedure laid down in Article 41 with regard to the eradication of certain diseases specific to the French overseas departments].

2. Before 1 October 1990, the Council, acting by a qualified majority on a proposal from the Commission, shall lay down the Community criteria applicable to the measure referred to in paragraph 1. However, for diseases for which the Community has already laid down the Community criteria applicable to the measure to be taken, Member States may submit to the Commission a programme in accordance with paragraph 3 once notification of this Decision has been given.

[F2 3. Each year, not later than 1 June and for the first time not later than 1 August 1994 Member States shall submit to the Commission the programmes which they wish to see receive a financial contribution form the Community.

On that occasion, the Member States:

(i)

shall supply all the appropriate financial information;

(ii)

shall indicate the estimated cost of each programme submitted;

(iii)

shall indicate, in the case of a multiannual programme, the length of that programme and the annual financial estimates.

No programme submitted after 1 June or for the first time after 1 August 1994 may be considered for financing the following year.

Where a Member State submits a programme which is due to run for several years (multiannual programme), it shall supply the aforementioned information for the first year and for any subsequent years.

4. The Commission shall consider the programmes submitted from both the veterinary and the financial angle. The Member States shall communicate to the Commission any additional information the latter requires for its assessment of the programme. The period for considering programmes shall end on 1 September each year.

The additional information shall be requested by the Commission no later than 15 July each year.

5. Each year, before 15 October and in accordance with the procedure laid down in Article 42, the list of programmesr qualifying for a financial contribution from the Community for the following year shall be drawn up and the proposed rate and amount of the contribution for each programme shall be determined. This Decision shall also take account of the prospects for financing the current programmes which are to be covered as multiannual programmes.

6. Each programme included in the list provided for in paragraph 5, where appropriate amended to take account of the examination referred to in paragraphs 4 and 5, shall be approved individually in accordance with the procedure laid down in Article 42 before 1 December. The level of the financial contribution from the Community, any conditions to which it may b subject and the upper limit of the contribution shall be laid down, for each programme, in accordance with the same procedure.

7. All programmes shall be approved for a period of one year and shall be implemented between 1 January and 31 December each year. For each programme underway the Member States shall submit to the Commission, before 1 June, a preliminary technical and financial evaluation of the programme. This evaluation may be accompanied by a request for the continuation of the measure in accordance with paragraph 3. The Commission shall inform the Member States of the situation with regard to the adoption of the decision provided for in paragraph 5.

8. Payment applications relating to expenditure incurred by a Member State in respect of a given programme shall be submitted to the Commission before 1 June of the year following that in which the programme ends. Where the time limit specified ins not observed, the financial contribution of the Community shall be reduced by 25 % on 1 July, 50 % on 1 September, 75 % on 1 October and 100 % on 1 November of that year.

9. The Commission shall rule on the aid before 15 October. By 1 November, it shall inform the Member States, meeting within the Standing Veterinary Committee, of the decision so that they can give their assessment.

10. The Commission may make on-the-spot checks, with the cooperation of the competent national authorities, on the application of programmes receiving a financial contribution from the Comunity. To do this, Commission departments may verify whether the competent authorities are monitoring compliance with the application of the programmes by checking a representative percentage of holdings.

The aforementioned checks may be made at the time of other checks to be made by the Commission experts, in accordance with veterinary legislation.

The Commission shall inform the Member States of the result of the checks made.

11. Detailed rule for the application of this Article, and in particular paragaph 8 thereof, shall be adopted in accordance with the procedure laid down in Article 41.

12. Programmes already approved by the Commission or which will by approved for the period from 1 July 1994 to 31 December 1994 shall continue to be governed by the provisions of Article 24 applicable before the amendment resulting from Council Decision 94/370/EC of 21 June 1994 amending Decision 90/424/EEC on expenditure in the veterinary field (3) . However, the abovementioned programmes shall end not later than 31 December 1994 .]

Textual Amendments

F1 Inserted by Council Regulation (EEC) No 3763/91 of 16 December 1991 introducing specific measures in respect of certain agricultural products for the benefit of the French overseas departments.

F2 Substituted by Council Decision of 21 June 1994 amending Decision 90/424/EEC on expenditure in the veterinary field (94/370/EC).

Article 25 U.K.

1. Notwithstanding Articles 22, 23, and 24, the level of Community financial participation for programmes relating to the diseases referred to in the said Articles shall be fixed by the Commission, according to the procedure provided for in Article 41, 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 Standing Veterinary Committee, re-examine the situation with regard to the diseases covered by Articles 22, 23 and 24. 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's 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 provided for in Article 42.

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.

[F3 3. However, for programmes to be financed which will be approved in 1994, the financial contribution from the Community may be less than 50 %.

4. The Council, acting by a qualified majority on a proposal from the Commission, shall review this Article before 31 December 1995 at the latest, in the light of experience gained and of the objectives of completing the internal market.]

Textual Amendments

F3 Inserted by Council Decision of 21 June 1994 amending Decision 90/424/EEC on expenditure in the veterinary field (94/370/EC).

[F2 Article 26 U.K.

For the measures provided for under this Title, the amount of the appropriations required shall be fixed each year under the budget procedure.]

Textual Amendments

F2 Substituted by Council Decision of 21 June 1994 amending Decision 90/424/EEC on expenditure in the veterinary field (94/370/EC).

(1)

OJ No L 116, 8. 5. 1990, p. 24.

(2)

OJ No L 140, 1. 6. 1990, p. 123.

(3)

[F2 OJ No L 168, 2. 7. 1994, p. 31 .]

Textual Amendments

F2 Substituted by Council Decision of 21 June 1994 amending Decision 90/424/EEC on expenditure in the veterinary field (94/370/EC).