HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"L 73/6
EN
Official Journal of the European Union
13.3.2012
COMMISSION IMPLEMENTING DECISION
of 9 March 2012
approving certain amended programmes for the eradication and monitoring of animal diseases and
zoonoses for the year 2012 and amending Implementing Decision 2011/807/EU as regards the
measures eligible for Union financial contribution in programmes for the eradication of scrapie
and the advance payment by the Union in programmes for the eradication of rabies for the year
2012
(notified under document C(2012) 1406)
(Text with EEA relevance)
(2012/147/EU)
THE EUROPEAN COMMISSION,
(5) Regulation
(EC)
No
999/2001
of
the
European
Parliament and of the Council of 22 May 2001 laying
down rules for the prevention, control and eradication of
Having regard to the Treaty on the Functioning of the European
certain transmissible spongiform encephalopathies ( 3 ) lays
Union,
down rules for the prevention, control and eradication of
TSEs in animals. Annex VII to that Regulation lays down
the eradication measures to be carried out following the
Having regard to Council Decision 2009/470/EC of 25 May
confirmation of an outbreak of TSE in bovine, ovine and
2009 on expenditure in the veterinary field ( 1 ), and in particular
caprine animals.
Article 27(5) and (6) thereof,
(6)
Point 2.3(d) of Chapter A of that Annex, as amended by
Whereas:
Commission Regulation (EC) No 727/2007 ( 4 ), provided
that Member States may decide to replace by slaughtering
for human consumption the killing and complete
(1) Decision
2009/470/EC
lays
down
the
procedures
destruction of certain ovine and caprine animals on the
governing the financial contribution by the Union for
holding of the animal in which TSE was confirmed,
programmes for the eradication, control and monitoring
provided that certain conditions were complied with.
of animal diseases and zoonoses.
(7) On
17
July
2007,
in
Case
T-257/07,
France
brought
an
(2) Commission
Decision
2008/341/EC
of
25
April
2008
action against the European Commission before the
laying down Community criteria for national
General Court, applying for the partial annulment of
programmes for the eradication, control and monitoring
certain provisions of Regulation (EC) No 999/2001, as
of certain animal diseases and zoonoses ( 2 ) provides that
amended by Regulation (EC) No 727/2007, in particular
in order to be approved under the Union financial
point 2.3(d) of Chapter A of Annex VII to that Regu
measures, programmes submitted by the Member States
lation.
to the Commission for the eradication, control and
monitoring of the animal diseases and zoonoses must
meet at least the criteria set out in the Annex to that
(8) In
its
Order
of
28
September
2007
( 5 ), the General Court
Decision.
suspended the application of point 2.3(b)(iii), point 2.3(d)
and point 4 of Chapter A of Annex VII to Regulation
(EC) No 999/2001, as amended by Regulation (EC) No
(3) Portugal
has
submitted
an
amended
programme
for
the
727/2007, until judgment would be given in the main
monitoring and eradication of bluetongue, Greece has
action. In that Order, the General Court questioned the
submitted an amended programme for the monitoring
Commission’s assessment of the scientific available data
of transmissible spongiform encephalopathies (TSE), and
on the possible risks.
for the eradication of bovine spongiform encephalopathy
and of scrapie and Bulgaria has submitted and amended
programme for the eradication of rabies.
(9)
The Commission subsequently asked the European Food
Safety Authority (EFSA) to assist it in clarifying the main
premises on which Regulation (EC) No 727/2007 was
(4) The Commission has assessed those amended
based. In view of the EFSA clarifications, Regulation
programmes from both the veterinary and the financial
(EC) No 999/2001 was amended by Commission Regu
point of view. They were found to comply with relevant
lation (EC) No 746/2008 ( 6 ), which reinstated the
Union veterinary legislation and in particular with the
provisions the application of which had been
criteria set out in the Annex to Decision 2008/341/EC.
suspended by the General Court.
The amended programmes submitted by those Member
States should therefore be approved.
( 3 ) OJ L 147, 31.5.2001, p. 1.
( 4 ) OJ L 165, 27.6.2007, p. 8.
( 1 ) OJ L 155, 18.6.2009, p. 30.
( 5 ) OJ C 283, 24.11.2007, p. 28.
( 2 ) OJ L 115, 29.4.2008, p. 44.
( 6 ) OJ L 202, 31.7.2008, p. 11.

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EN
13.3.2012 Official
Journal
of
the
European
Union
L
73/7
(10) In
its
Order
of
30
October
2008
( 1 ), the General Court
Member States are eligible for co-financing by means
suspended the application of point 2.3(b)(iii), point 2.3(d)
of a Union financial contribution. However, for certain
and point 4 of Chapter A of Annex VII to Regulation
costs, the Commission, upon the request of the
(EC) No 999/2001, as amended by Regulation (EC) No
concerned Member State, is to pay an advance of up
746/2008, until judgment would be given in the main
to 60 % of the specified maximum amount within the
action in Case T-257/07.
3 months following the receipt of the request. The costs
for oral vaccination campaigns against rabies are not
fully covered by that advance payment possibility.
(11) In
its
judgment
of
9
September
2011
( 2 ) the General
Court dismissed the action of France. In view of that
judgment, the application of point 2.3(b)(iii), point
(17) The
programmes
for
the
eradication
of
rabies
in
the
2.3(d) and point 4 of Chapter A of Annex VII to Regu
Member States through oral vaccination have been
lation (EC) No 999/2001, as amended by Regulation (EC)
successful in previous years and lead to the eradication
No 746/2008 is no longer suspended.
of the disease from a large part of the Union. Such
programmes should therefore continue to be pursued
in the parts of the Union where rabies is endemic.
(12) Commission
Implementing Decision 2011/807/EU of
30 November 2011 approving annual and multiannual
programmes and the financial contribution from the
(18) Certain
Member
States
have
informed
the
Commission
Union for the eradication, control and monitoring of
that they are experiencing difficulties in securing advance
certain animal diseases and zoonoses presented by the
financing for their oral vaccination campaigns against
Member States for 2012 and following years (
rabies. In the last years, the lack of advance financing

3 ) approves
certain national programmes and lays down the rate and
resulted, in some cases, in the cancellation of planned
maximum amount of the financial contribution by the
campaigns in rabies-infected areas.
Union for each programme submitted by the Member
States and the rules for the payment of eligible amounts.
(19) Interruptions
to
the
regular
implementation
of
oral
vacci
nation campaigns against rabies severely affect the effec
(13) Certain
Member
States
have
expressed
their
intention
to
tiveness of the programmes and would prolong the time
apply, as part of their programmes approved under
needed to finally eradicate the disease.
Implementing Decision 2011/807/EU, the possibility of
replacing the killing and complete destruction of ovine
and caprine animals by slaughtering for human
(20) It is therefore appropriate to extend the possibility for
consumption, as provided for in point 2.3(d) of
advance payment to all costs incurred by Member States
Chapter A of Annex VII to Regulation (EC) No
under the programmes for the eradication of rabies
999/2001.
approved by Implementing Decision 2011/807/EU.
(14) The
Union
financial
contribution
for
the
programmes
for
(21) The Annex to Implementing Decision 2011/807/EU
the eradication of scrapie, as laid down in Implementing
should be amended as regards the definition of eligible
Decision 2011/807/EU does not currently cover the
costs for the compensation of owners of slaughtered
compensation paid to owners of compulsorily
animals to include compulsory slaughter in the
slaughtered ovine and caprine animals pursuant to
framework of scrapie eradication programmes.
point 2.3(d) of Chapter A of Annex VII to Regulation
(EC) No 999/2001.
(22) Implementing
Decision
2011/807/EU
should
therefore
be amended accordingly.
(15) It is therefore appropriate to enable the funding of
compulsorily slaughtered ovine and caprine animals
programmes as an alternative to culling and destruction
(23) The
measures provided for in this Decision are in
in the framework of scrapie eradication programmes.
accordance with the opinion of the Standing
This requires no increase to the amounts allocated by
Committee on the Food Chain and Animal Health,
Implementing Decision 2011/807/EU to the Member
State programmes for the monitoring and eradication
of transmissible spongiform encephalopathies.
HAS ADOPTED THIS DECISION:
(16) In addition, Implementing Decision 2011/807/EU
Article 1
provides that only costs incurred in the carrying out of
Approval of the amended programme for the monitoring
the approved annual or multiannual programmes paid
and eradication of bluetongue submitted by Portugal
before the submission of the final report by the
The amended programme for the monitoring and eradication of
bluetongue submitted by Portugal on 31 January 2012 is
( 1 ) OJ C 327, 20.12.2008, p. 26.
( 2 ) OJ C 311, 22.10.2011, p. 33.
hereby approved for the period from 1 January 2012 to
( 3 ) OJ L 322, 6.12.2011, p. 11.
31 December 2012.

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L 73/8
EN
Official Journal of the European Union
13.3.2012
Article 2
(2) in Article 9(3), point (b) is replaced by the following:
Approval of the amended programmes for the monitoring
and eradication of transmissible spongiform encephalopa-
‘(b) for culled and destroyed
EUR 70 per animal;
thies submitted by Greece
sheep or goats:
The amended programmes for the monitoring of transmissible
(c) for slaughtered sheep or
EUR 50 per animal.’;
spongiform encephalopathies, and for the eradication of bovine
goats:
spongiform encephalopathy and of scrapie submitted by Greece
on 21 December 2011 are hereby approved for the period from
1 January 2012 to 31 December 2012.
(3) in Article 13, paragraph 4 is replaced by the following:
‘4. Notwithstanding
the
provisions
of
paragraph
2,
for
Article 3
the programmes referred to in Articles 10 and 11, the
Commission, upon the request of the concerned Member
Approval of the amended programme for the eradication
State, shall pay an advance of up to 60 % of the specified
of rabies submitted by Bulgaria
maximum amount within the 3 months following the
The amended programme for the eradication of rabies
receipt of the request.’;
submitted by Bulgaria on 23 December 2011 is hereby
approved for the period from 1 January 2012 to 31 December
(4) in the Annex, point 2 is replaced by the following:
2012.
‘2. Compensation to owners for the value of their animals
slaughtered or culled.
Article 4
The compensation shall not exceed the market value of
Amendments to Implementing Decision 2011/807/EU
the animal immediately before it was slaughtered or
Implementing Decision 2011/807/EU in amended as follows:
culled.
For slaughtered animals, the salvage value, if any, shall be
(1) in Article 9(2), point (b) is replaced by the following:
deducted from the compensation.’.
Article 5
‘(b) shall be at the rate of 50 % of the cost incurred by each
Member State for the compensation to be paid to
Addressees
owners for the value of their animals:
This Decision is addressed to the Member States.
(i) culled and destroyed in accordance with their BSE
and scrapie eradication programmes;
Done at Brussels, 9 March 2012.
For the Commission
(ii) compulsorily slaughtered in accordance with Annex
VII, Chapter A, point 2.3(d) of Regulation (EC) No
John DALLI
999/2001;’;
Member of the Commission

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Document Outline

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