HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"L 210/12
EN
Official Journal of the European Union
7.8.2012
COMMISSION IMPLEMENTING DECISION
of 3 August 2012
establishing the financial contribution by the Union to the expenditure incurred in the context of
the emergency measures taken to combat avian influenza in Cloppenburg, Germany in December
2008 and January 2009
(notified under document C(2012) 5289)
(Only the German text is authentic)
(2012/460/EU)
THE EUROPEAN COMMISSION,
towards emergency measures to combat avian influenza
in Cloppenburg, Germany in December 2008 and
January 2009. An official request for reimbursement
Having regard to the Treaty on the Functioning of the European
was submitted by Germany on 3 September 2009, as
Union,
set out in Article 7(1) and (2) of Regulation (EC) No
349/2005.
Having regard to Council Decision 2009/470/EC of 25 May
2009 on expenditure in the veterinary field ( 1 ), and in particular
(5) The
payment
of
the
financial
contribution
from
the
Article 4 thereof,
Union is to be subject to the condition that the
planned activities were actually implemented and that
the authorities provided all the necessary information
Whereas:
within the set deadlines. Decision 2009/581/EC
provided that a first tranche of EUR 2 000 000,00 be
paid as part of the Union’s financial contribution.
(1) In
accordance
with
Article
75
of
the
Financial
Regulation
Commission Implementing Decision 2011/796/EU ( 4 )
and Article 90(1) of the Implementing Rules, the
provided that a second tranche of EUR 4 000 000,00
commitment of expenditure from the Union budget
be paid as part of the Union’s financial contribution.
shall be preceded by a financing decision setting out
the essential elements of the action involving expenditure
and adopted by the institution or the authorities to
(6) Germany
has
in
accordance
with
Article
3(4)
of
Decision
which powers have been delegated by the institution.
2009/470/EC without delay informed the Commission
and the other Member States of the measures applied
in accordance with Union legislation on notification
(2) Decision
2009/470/EC
lays
down
the
procedures
and eradication and the results thereof. The request for
governing the financial contribution from the Union
reimbursement was, as required in Article 7 of Regu
towards specific veterinary measures, including
lation (EC) No 349/2005, accompanied by a financial
emergency measures. With a view to helping to
report, supporting documents, an epidemiological
eradicate avian influenza as rapidly as possible the
report on each holding where the animals have been
Union should contribute financially to eligible expen
slaughtered or destroyed and the results of respective
diture borne by the Member States. Article 4(3) first
audits.
and second indents of that Decision lays down rules
on the percentage that must be applied to the costs
incurred by the Member States.
(7) An
audit
according
to
Article
10
of
Regulation
(EC)
No
349/2005 was carried out by the Commission’s services.
The Commission’s observations, method of calculating
(3) Article
3
of
Commission
Regulation
(EC)
No
349/2005
the eligible expenditure and final conclusions were
of 28 February 2005 laying down rules on the
communicated to Germany on 17 April 2012.
Community financing of emergency measures and of
Germany agreed by e-mail dated 9 May 2012.
the campaign to combat certain animal diseases under
Council Decision 90/424/EEC ( 2 ) sets rules on the expen
diture eligible for Union financial support.
(8) Consequently
the
total
amount
of
the
financial
support
from the Union to the eligible expenditure incurred in
connection with the eradication of avian influenza in
(4) Commission
Decision
2009/581/EC
of
29
July
2009
on
Cloppenburg, Germany in December 2008 and January
a financial contribution from the Community towards
2009 can now be fixed.
emergency measures to combat avian influenza in Clop
penburg, Germany in December 2008 and January
2009 (
(9) The
measures
provided
for
in
this
Decision
are
in

3 ) granted a financial contribution by the Union
accordance with the opinion of the Standing
Committee on the Food Chain and Animal Health,
( 1 ) OJ L 155, 18.6.2009, p. 30.
( 2 ) OJ L 55, 1.3.2005, p. 12.
( 3 ) OJ L 198, 30.7.2009, p. 83.
( 4 ) OJ L 320, 3.12.2011, p. 41.

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EN
7.8.2012 Official
Journal
of
the
European
Union L
210/13
HAS ADOPTED THIS DECISION:
Article 1
The financial contribution from the Union towards the expenditure associated with eradicating avian
influenza in Cloppenburg, Germany in December 2008 and January 2009 is fixed at EUR 6 592 151,55.
Article 2
The balance of the financial contribution is fixed at EUR 592 151,55.
Article 3
This Decision constituting a financing decision in the meaning of Article 75 of the Financial Regulation is
addressed to the Federal Republic of Germany.
Done at Brussels, 3 August 2012.
For the Commission
John DALLI
Member of the Commission

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Document Outline

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