Commission Decision of 13 September 2005 concerning a financial contribution by the Community in the context of the emergency measures taken to combat bluetongue in Spain in 2004 and 2005 (notified under document number C(2005) 3440) (Only the Spanish text is authentic) (2005/650/EC)
Commission Decision of 13 September 2005 concerning a financial contribution by the Community in the context of the emergency measures taken to combat bluetongue in Spain in 2004 and 2005 (notified under document number C(2005) 3440) (Only the Spanish text is authentic) (2005/650/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 2000/75/EC of 20 November 2000 laying down specific provisions for the control and eradication of bluetongue(1), and in particular Article 9(2) thereof,
Having regard to Council Decision 90/424/EEC of 26 June 1990 on expenditure in the veterinary field(2), and in particular Article 3(3), (4) and (5), second indent, and Article 5(3) thereof,
Whereas:
Outbreaks of bluetongue occurred in Spain in 2004 and 2005. The emergence of this disease represents a serious risk to the Community's livestock population.
In order to prevent the spread of the disease as rapidly as possible, the Community must contribute financially to the eligible expenditure incurred by the Member State in the context of the emergency measures taken to combat the disease, as provided for in Decision 90/424/EEC.
Various decisions, notably the latest one, Decision 2005/393/EC of 23 May 2005 on protection and surveillance zones in relation to bluetongue and conditions applying to movements from or through these zones(3), have been adopted by the Commission in order to demarcate the protection and surveillance zones and to set out the conditions governing movements of animals from these zones.
Bluetongue is a disease transmitted exclusively by ‘mosquitoes’, therefore the only measures which are apposite, of all those provided for in Article 3(2) of Decision 90/424/EEC, are those aimed either at protecting animals against attacks from the vectors (treatment with insecticides, confining the animals indoors at the times when the vectors are active) or at preventing the spread of the epidemic through movements of animals (Decision 2005/393/EC). The slaughter of animals of susceptible species is not an apposite measure except in the case of animals clinically affected with bluetongue.
Due to the evolution of the disease, it is advisable to implement a vaccination campaign in the protection zones established around outbreaks of bluetongue.
Vaccination is a measure which, employed in combination with the eradication measures already adopted, makes it possible to:
reduce mortality in sheep;
prevent viraemia in cattle and thus enable cattle to be moved from restricted zones.
In accordance with Article 3(2) of Council Regulation (EC) No 1258/1999 of 17 May 1999 on the financing of the common agricultural policy(4), veterinary and plant health measures undertaken in accordance with Community rules are financed by the ‘Guarantee’ section of the European Agricultural Guidance and Guarantee Fund. The auditing of these measures comes under Articles 8 and 9 of the said Regulation.
The payment of the financial contribution from the Community must be subject to the condition that the actions planned have actually been carried out and that the authorities supply all the necessary information within the time-limits laid down.
On 28 December 2004 Spain submitted an estimation of the costs incurred in the context of the emergency measures taken to combat the disease, amounting to EUR 11,5 million.
Pending checks by the Commission, it is now necessary to set the amount for payment of the first instalment of the Community financial assistance. This first instalment must be equal to 50 % of the Community contribution, established on the basis of the estimated costs of compensating livestock farmers for the slaughter of animals and other costs.
The terms ‘swift and adequate compensation of the livestock farmers’ used in Article 3 of Decision 90/424/EEC, ‘reasonable payments’ and ‘justified payments’ and the categories of eligible expenditure under ‘other costs’ associated with compulsory slaughter must all be defined.
The Spanish authorities have fulfilled all their technical and administrative obligations with regard to the measures provided for in Article 3 of Decision 90/424/EEC.
The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,
HAS ADOPTED THIS DECISION:
Article 1 Approval of the vaccination campaign
The bluetongue vaccination campaign implemented by Spain in the zones listed in Annex I to Decision 2005/393/EC is approved.
Article 2 Granting of a financial contribution from the Community to Spain
In the context of the emergency measures taken to combat bluetongue in 2004 and 2005, Spain is entitled to a financial contribution from the Community:
amounting to 50 % of the expenditure incurred in:
the swift and adequate compensation of livestock farmers forced to slaughter their animals as part of the measures to combat the outbreaks of bluetongue that occurred in 2004 and 2005, pursuant to Article 3(2), seventh indent of Decision 90/424/EEC and this Decision;
the destruction of infected animals, disinsectisation and the implementation of the vaccination programme, under the conditions provided for in, respectively, Article 3(2), first and third indents, and Article 3(4) and (5), second indent, of Decision 90/424/EEC and this Decision;
amounting to 100 % of the cost of supply of vaccines, under the conditions provided for in Article 3(4) and (5), second indent, of Decision 90/424/EEC and this Decision.
Article 3 Definitions
The following definitions apply to this Decision:
‘swift and adequate compensation’: payment, within 90 days of the slaughter of the animals, of compensation corresponding to the market value (the commercial price which the owner would normally have been able to obtain for the animal immediately before it became infected or was slaughtered, taking account of its fitness, quality and age) they had immediately prior to their infection, slaughter or destruction;
‘reasonable payments’: means payments for the purchase of materials or services at proportionate prices compared to the market prices before the outbreak of bluetongue;
‘justified payments’: payments made for the purchase of equipment or services in accordance with Article 3(2) of Decision 90/424/EEC, where their nature and direct link to the compulsory slaughter of animals on holdings have been demonstrated.
Article 4 Payment arrangements
Subject to the results of the inspections referred to in Article 7, an initial instalment of EUR 2 500 000 shall be paid, as part of the Community financial contribution mentioned in Article 2, on the basis of supporting documents submitted by Spain relating to the swift and adequate compensation of owners for the compulsory slaughter of animals, the destruction of animals, disinsectisation of the holding and, where applicable, vaccination of animals.
The balance of the Community financial contribution mentioned in Article 2 shall be fixed in a subsequent decision to be adopted in accordance with the procedure established in Article 41 of Decision 90/424/EEC.