HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"L 349/66
EN
Official Journal of the European Union
19.12.2012
COMMISSION IMPLEMENTING DECISION
of 17 December 2012
on a third Union financial contribution pursuant to Council Directive 2000/29/EC for 2006 and
2007 to cover expenditure incurred by Portugal for the purpose of combating Bursaphelenchus
xylophilus (Steiner et Buhrer) Nickle et al. (pinewood nematode)
(notified under document C(2012) 9356)
(Only the Portuguese text is authentic)
(2012/796/EU)
THE EUROPEAN COMMISSION,
(5) At
the
time
of
that
additional
Union
co-financing,
the
claim submitted by Portugal did not include all the bills
related to the creation of the clear cut belt.
Having regard to the Treaty on the Functioning of the European
Union,
(6) By
letter
of
5
December
2011,
the
Portuguese
authorities
introduced a revised claim of EUR 15 000 932,08. That
Having regard to Council Directive 2000/29/EC of 8 May 2000
claim included EUR 4 915 405,87 that had not been
on protective measures against the introduction into the
paid at the time of the previous audit of July 2010
Community of organisms harmful to plants or plant products
(audit SANCO/10/2010) and could not be declared
and against their spread within the Community ( 1 ), and in
eligible for co-financing at that time. The rest of that
particular Article 23(6) thereof,
new claim is composed of costs for felling an increased
number of large coniferous trees and of a separate expen
diture for the elimination of small coniferous trees.
Whereas:
(7) In
March
2012,
the
Commission
carried
out
an
audit
on
(1) Commission
Decision
2006/923/EC
( 2 ) approved a
the information communicated by Portugal on
financial contribution from the Union for a programme
5 December 2011. After examination of all supporting
of measures introduced by Portugal aiming in 2006 and
documents for the additional claim, and based on the
2007 at controlling the spread of Bursaphelenchus xylo
report of that audit, the Commission concluded that an
philus (Steiner et Buhrer) Nickle et al. (pinewood
eligible amount of only EUR 5 044 839,72 of paid
nematode) to other Member States. The measures
invoices (including coordination costs) could be taken
included the creation of a barrier free from all host
into consideration. The rest of the claimed expenditure
trees of the pinewood nematode vector, hereinafter the
has not been found eligible for co-financing because it
‘clear cut belt’.
concerns expenditure already co-financed by Imple
menting Decision 2011/851/EU (EUR 2 024 128,16)
and expenditure of EUR 7 931 964,20 related to small
trees, the necessity of which has not been sufficiently
(2) The
financial contribution granted by Decision
justified by Portugal.
2006/923/EC was based on the programme for further
actions for pinewood nematode (hereinafter: PWN) and
the budget estimation referring to this programme as
submitted by Portugal to the Commission on 28 July
2006.
(8) As
the
measures
included
in
that
additional
claim
are
of
the same nature, and target the same purpose as the
measures of Decision 2006/923/EC, it is appropriate to
allocate the same Union financial contribution rate as in
(3) The
final
payments
to
Portugal
connected
to
the
actions
that decision, namely a rate of 75 %.
laid down in Decision 2006/923/EC occurred in June
2008.
(9) In
accordance
with
Article
3(2)(a)
of
Council
Regulation
(4) By
Commission
Implementing
Decision
2011/851/EU
(
(EC) No 1290/2005 of 21 June 2005 on the financing of

3 ),
an additional Union co-financing of EUR 3 986 138,36
the common agricultural policy ( 4 ), plant-health measures
was granted to Portugal to cover eligible expenditure in
are financed from the European Agricultural Guarantee
excess to the initial estimate of July 2006.
Fund. For the purpose of financial control of these
measures, Articles 9, 36 and 37 of the above Regulation
should apply.
( 1 ) OJ L 169, 10.7.2000, p. 1.
( 2 ) OJ L 354, 14.12.2006, p. 42.
( 3 ) OJ L 335, 17.12.2011, p. 107.
( 4 ) OJ L 209, 11.8.2005, p. 1.

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EN
19.12.2012 Official
Journal
of
the
European
Union L
349/67
(10) In
accordance
with
Article
75
of
Council
Regulation
(EC,
HAS ADOPTED THIS DECISION:
Euratom) No 1605/2002 of 25 June 2002 on the
Financial Regulation applicable to the general budget of
Article 1
the European Communities ( 1 ) and Article 90(1) of
Commission Regulation (EC, Euratom) No 2342/2002
Principle
of 23 December 2002 laying down detailed rules for
The allocation of a third Union financial contribution to cover
the implementation of Council Regulation (EC,
expenditure incurred by Portugal in 2006 and 2007 relating to
Euratom) No 1605/2002 on the Financial Regulation
the creation of a clear cut belt and taken for the purpose of
applicable to the general budget of the European
combating pinewood nematode, is hereby approved.
Communities ( 2 ), the commitment of expenditure from
the Union budget shall be preceded by a financing
decision adopted by the institution or the authorities to
Article 2
which powers have been delegated, setting out the
Amount of Union financial contribution
essential elements of the action involving the expen
diture.
The maximum Union financial contribution referred to in
Article 1 is EUR 3 783 629,79.
Article 3
(11) The
present
decision
constitutes
a
financing
decision
for
This Decision is addressed to the Portuguese Republic.
the expenditure provided in the co-financing request
presented by Portugal.
Done at Brussels, 17 December 2012.
For the Commission
(12) The
measures
provided
in
this
Decision
are
in
accordance
with the opinion of the Standing Committee on Plant
Tonio BORG
Health,
Member of the Commission
( 1 ) OJ L 248, 16.9.2002, p. 1.
( 2 ) OJ L 357, 31.12.2002, p. 1.

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