Decision 90/424/EEC is hereby amended as follows:
Article 3 shall be amended as follows:
in paragraph 1, the sixth indent shall be deleted;
in paragraph 2, the first indent shall be replaced by the following:
‘the slaughter of animals of susceptible species which are affected or contaminated or suspected of being affected or contaminated, and their destruction,’;
paragraph 4 shall be replaced by the following:
‘4.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 3a, a new decision concerning the financial contribution by the Community, which might exceed the figure of 50 % laid down in the first indent of paragraph 5, may be adopted in accordance with the procedure laid down in Article 41. 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 mentioned in paragraph 2.’;
the following Article shall be inserted:
1.This Article and Article 3(3) and (4) shall apply in the event of the occurrence of avian influenza in the territory of a Member State.
2.The Member State concerned shall obtain a financial contribution from the Community for the eradication of avian influenza if the minimum control measures provided for in Council Directive 2005/94/EC of 20 December 2005 on Community measures for the control of avian influenza(1) have been fully and efficiently implemented in compliance with relevant Community legislation and, in the case of killing of animals of susceptible species which are affected or contaminated or suspected of being affected or contaminated, livestock owners have been compensated swiftly and adequately.
3.The financial contribution by the Community, 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;
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.’;
in Articles 6(1), 7(1) and 8(1) the reference ‘3a(1)’ shall be inserted after the reference ‘3(1)’.
in the Annex, the following indent shall be added to Group 1:
‘avian influenza’.