Council Decision of 26 June 1990 on expenditure in the veterinary field (90/424/EEC) (repealed)

TITLE II U.K. [F1 Programmes for the eradication, control and monitoring of animal diseases and zoonoses]

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.

[F1 Article 24 U.K.

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 the Annex (programmes).

The list in the Annex may be amended in accordance with the procedure referred to in Article 41, in particular with regard to emerging animal diseases which pose a risk for 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 multi-annual programmes starting in the following year for which they wish to receive a financial contribution from the Community.

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 area 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 laid down in Article 41.

In each multi-annual programme submitted by the 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 multi-annual programme or to extend the duration of a submitted annual programme as appropriate where multi-annual 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 both the veterinary and the financial angle.

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 42:

(a) the programmes, where appropriate amended to take account of the assessment provided for in paragraph 4;

(b) the level of the financial contribution from the Community;

(c) the upper limit of the financial contribution from the Community;

(d) any conditions to which the financial contribution from the Community may be subject.

Programmes shall be approved for no longer than six years.

6. Amendments of the programmes shall be approved in accordance with the procedure referred to in Article 42.

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 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. Commission experts may carry out on-the-spot checks in cooperation with the competent authority, in so far as it is necessary to ensure uniform application of this Decision in accordance with Article 45 of Regulation (EC) No 882/2004 of the European Parliament and of the Council of 29 April 2004 on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules (3) .

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 41.

10. Detailed rules for the application of this Article shall be adopted in accordance with the procedure referred to in Article 41.

11. Member States may allocate funds within the operational programmes drawn up in accordance with Article 17 of Regulation (EC) No 1198/2006 (4) for the eradication of the diseases in aquaculture animals referred to in the Annex.

The 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 Council Directive 2006/88/EC of 24 October 2006 on animal health requirements for aquaculture animals and products thereof, and on the prevention and control of certain diseases in aquatic animals (5) , or under an eradication programme.

[F2 13. For the programmes to be implemented by Bulgaria and Romania during 2007 the dates of 1 June mentioned in paragraph 3, 15 July and 1 September mentioned in paragraph 4 and 15 October mentioned in paragraph 5, are not applicable.]

[F3 13. 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 the Annex.

The 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) paragraphs 8 and 9 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 drawn up, approved and carried out in accordance with Article 44(2) of that Directive.] ]

Textual Amendments

F2 Inserted by Council Regulation (EC) No 1791/2006 of 20 November 2006 adapting certain Regulations and Decisions in the fields of free movement of goods, freedom of movement of persons, company law, competition policy, agriculture (including veterinary and phytosanitary legislation), transport policy, taxation, statistics, energy, environment, cooperation in the fields of justice and home affairs, customs union, external relations, common foreign and security policy and institutions, by reason of the accession of Bulgaria and Romania.

F3 Inserted by Council Decision of 24 October 2006 amending Decision 90/424/EEC on expenditure in the veterinary field (2006/782/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.

[F4 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

F4 Inserted by Council Decision of 21 June 1994 amending Decision 90/424/EEC on expenditure in the veterinary field (94/370/EC).

[F1 Article 26 U.K.

The Community budget commitments for the co-financing of the programmes shall be effected annually. The commitments of the expenditure for the multi-annual programmes shall be adopted in accordance with Article 76(3) of Council Regulation (EC, Euratom) 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Union (6) . For multi-annual programmes, the first budget commitment shall be made after their approval Each subsequent commitment shall be made by the Commission on the basis of the decision to grant a contribution referred to in Article 24(5).]

Textual Amendments

F1 Substituted by Council Decision of 19 December 2006 amending Decision 90/424/EEC on expenditure in the veterinary field (2006/965/EC).

(1)

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

(2)

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

(3)

[F1 OJ L 165, 30.4.2004, p. 1 ; corrected version in OJ L 191, 28.5.2004, p. 1 .

(4)

Council Regulation (EC) No 1198/2006 of 27 July 2006 on a European Fisheries Fund ( OJ L 223, 15.8.2006, p. 1 ).

(5)

OJ L 328, 24.11.2006, p. 14 .]

(6)

[F1 OJ L 248, 16.9.2002, p. 1 .]

Textual Amendments

F1 Substituted by Council Decision of 19 December 2006 amending Decision 90/424/EEC on expenditure in the veterinary field (2006/965/EC).