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TITLE II FINANCIAL PROVISIONS

CHAPTER I Animal health

Section 1 Emergency Measures

Article 6Eligible measures

1.Grants may be awarded to Member States up to the maximum rates set in Article 5(1) to (3) in respect of the measures taken as a result of the confirmation that one of the animal diseases listed pursuant to Article 7 has occurred, provided that the measures have been applied immediately and the applicable provisions laid down in the relevant Union law have been complied with. Such grants may also include costs incurred as a result of a suspected occurrence of such a disease, provided that the occurrence is subsequently confirmed.

2.Grants may be awarded to Member States where, following the confirmation of the occurrence of one of the animal diseases listed pursuant to Article 7, two or more Member States collaborate closely to control the epidemic.

3.Grants may be awarded to Member States, third countries and international organisations in respect of protection measures taken in the case of a direct threat to the health status of the Union as a result of the occurrence or development, in the territory of a third country or a Member State, of one of the animal diseases and zoonoses listed pursuant to Articles 7 or 10.

4.Grants may be awarded to Member States where the Commission decides, at the request of a Member State, that they must establish stocks of biological products intended for the control of the animal diseases and zoonoses listed pursuant to Article 7 or 10.

5.A Union financial contribution may be awarded for the establishment of stocks of biological products or the acquisition of vaccine doses if the occurrence or the development in a third country or Member State of one of the animal diseases and zoonoses listed pursuant to Article 7 or 10 might constitute a threat to the Union.

Article 7List of animal diseases

1.The list of animal diseases which qualify for funding under Article 6 is set out in Annex I.

2.The Commission shall be empowered to adopt delegated acts, in accordance with Article 40, in order to supplement the list of animal diseases referred to in paragraph 1, taking into account the animal diseases which are required to be notified in accordance with Directive 82/894/EEC and the diseases which are likely to constitute a new threat for the Union due to their significant impact on:

(a)human health;

(b)animal health or animal welfare; or

(c)the agricultural or aquaculture production or related sectors of the economy.

Article 8Eligible costs

1.The following costs incurred by the Member States in carrying out the measures referred to in Article 6(1) may qualify for funding under that paragraph:

(a)costs of compensation to owners for the value of their animals slaughtered or culled, limited to the market value of such animals if they had not been affected by the disease;

(b)costs of slaughtering or culling the animals and related transport costs;

(c)costs of compensation to owners for the value of their destroyed products of animal origin, limited to the market value of those products immediately before any suspicion of the disease arose or was confirmed;

(d)costs of cleaning, desinsectisation and disinfection of holdings and equipment, based on the epidemiology and characteristics of the pathogen;

(e)costs for the transport and the destruction of the contaminated feeding stuffs and, where it can not be disinfected, contaminated equipment;

(f)costs of purchase, storage, administration or distribution of vaccines and baits as well as the costs of inoculation itself, if the Commission decides or authorises such actions;

(g)costs of transport and disposal of carcasses;

(h)in exceptional and duly justified cases, any other costs essential for the eradication of the disease, as provided for in the financing decision referred to in Article 36(4) of this Regulation.

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 occurrence of the disease by the Member States to the Commission. Such costs may also include costs incurred as a result of a suspected occurrence of such a disease, provided that that occurrence is subsequently confirmed.

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

Section 2 Programmes for the eradication, control and surveillance of animal diseases and zoonoses

Article 9Eligible programmes

Grants may be awarded to Member States’ annual or multiannual national programmes for the eradication, control and surveillance of the animal diseases and zoonoses listed pursuant to Article 10 (‘national programmes’).

Article 10List of animal diseases and zoonoses

1.The list of animal diseases and zoonoses which qualify for grants under Article 9 is set out in Annex II.

2.The Commission shall be empowered to adopt delegated acts, in accordance with Article 40, in order to supplement the list of animal diseases and zoonoses referred to in paragraph 1 of this Article, taking into account:

(a)the situation of animal diseases that have a significant impact on livestock production or trade;

(b)the development of zoonoses which pose a threat to humans; or

(c)new scientific or epidemiological developments.

Article 11Eligible costs

The following costs incurred by the Member States in implementing the national programmes may qualify for grants under Article 9:

(a)

costs of sampling animals;

(b)

costs of tests, provided that they are limited to:

(i)

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

(ii)

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

(c)

costs of compensation to owners for the value of their animals slaughtered or culled, limited to the market value of such animals if they had not been affected by the disease;

(d)

costs of slaughtering or culling of the animals;

(e)

costs of compensation to owners for the value of their destroyed products of animal origin, limited to the market value of those products immediately before any suspicion of the disease arose or was confirmed;

(f)

costs of purchase, storage, inoculation, administration or distribution of vaccine doses or vaccine and baits used for the programmes;

(g)

costs of cleaning, disinfection, desinsectisation of the holding and equipment based on the epidemiology and characteristics of the pathogen; and

(h)

in exceptional and duly justified cases, the costs incurred in carrying out necessary measures other than those referred to in points (a) to (g), provided that such measures are set out in the grant decision referred to in Article 13(3) and (4).

For the purposes of point (c) of the first paragraph, the salvage value of the animals, if any, shall be deducted from the compensation.

For the purposes of point (d) of the first paragraph, the salvage value of heat-treated non-incubated eggs shall be deducted from the compensation.

Article 12Content and submission of the national programmes

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

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

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

(a)a description of the epidemiological situation of the animal disease or zoonosis 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 duration of the programme;

(d)the measures to be implemented;

(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 national 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.

3.If the occurrence or the development of one of the animal diseases or zoonoses listed pursuant to Article 10 is likely to constitute a threat to the health status of the Union and in order to protect the Union from the introduction of one of those diseases or zoonoses, Member States may include in their national programmes measures to be implemented in territories of neighbouring third countries in cooperation with the authorities of those countries.

Article 13Evaluation and approval of the national programmes

1.The Commission shall evaluate the national 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 national 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 national 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 14, the Commission may, if necessary, amend such decisions in relation to the whole eligibility period.

4.The Commission shall approve the multiannual national 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.

5.In the case of approval of multiannual national programmes in accordance with paragraph 4, budgetary commitments may be divided into annual instalments. Where budgetary commitments are so divided, the Commission shall commit the annual instalments taking into account the progress of the programmes, the estimated needs and the budget available.

Article 14Reporting

For each approved annual or multiannual national 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 12(2)(g) and a detailed account of eligible costs incurred.

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

Article 15Payments

The payment request for a given year in respect of a national 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 14.