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22.12.2011 Official
Journal
of
the
European
Union L
341/57
COMMISSION IMPLEMENTING DECISION
of 19 December 2011
on a Union financial contribution for 2011 to cover expenditure incurred by Germany, Spain, Italy,
Cyprus, Malta, the Netherlands and Portugal for the purpose of combating organisms harmful to
plants or plant products
(notified under document C(2011) 9243)
(Only the Dutch, German, Greek, Italian, Maltese, Portuguese and Spanish texts are authentic)
(2011/868/EU)
THE EUROPEAN COMMISSION,
2008. The measures taken in 2008, 2009 and 2010
have also been the subject of co-financing in 2009 and
2010.
Having regard to the Treaty on the Functioning of the European
Union,
(5) The
second
request
of
Italy
relates
to
the
measures
taken
in 2011 in Veneto, province of Treviso, commune of
Having regard to Council Directive 2000/29/EC of 8 May 2000
Cornuda, to control Anoplophora glabripennis. The
on protective measures against the introduction into the
outbreak of that harmful organism was detected in
Community of organisms harmful to plants or plant products
2009. The measures taken in 2009 and 2010 have
and against their spread within the Community (
also been the subject of co-financing in 2010.

1 ), and in
particular Article 23(5) thereof,
(6) The
third
request
of
Italy
relates
to
measures
taken
in
2010 in Emilia-Romagna, provinces of Bologna, Ferrara,
Whereas:
Ravenna and Forlì-Cesena, to control Pseudomonas
syringae pv. actinidiae. The outbreak of that harmful
organism was confirmed in 2010.
(1) Pursuant
to
Article
22
of
Directive
2000/29/EC,
Member
States may receive a ‘plant health control’ financial
contribution from the Union to cover expenditure
(7) Moreover,
Italy
introduced
a
fourth
request
for
financial
relating directly to the necessary measures which have
contribution on 20 April 2011. That request relates to
been taken or are planned to be taken for the purpose
measures taken in 2011 in Lazio, commune of Rome, to
of combating harmful organisms introduced from third
control Anoplophora chinensis. The outbreak of that
countries or from other areas in the Union, in order to
harmful organism was detected in 2008. Measures
eradicate or, if that is not possible, to contain them.
taken in 2008, 2009 and 2010 have also been the
subject of co-financing in 2009 and 2010.
(2) Germany
introduced two requests for financial
contribution. The first one was introduced on
(8)
Cyprus introduced a request for financial contribution on
29 April 2011 relating to measures taken or planned for
20 December 2010 and relates to measures taken in
2011 to control Rhynchophorus ferrugineus. The outbreaks
2009 and 2010 to control Anoplophora glabripennis in
of that harmful organism were detected in 2009, 2010
Nordrhein-Westfalen. The outbreak of that harmful
and 2011. Measures taken in 2010 have also been the
organism was detected there in 2009.
subject of co-financing in 2010.
(3) The
second
request
of
Germany
was
introduced
on (9)
Malta introduced a request for financial contribution on
15 April 2011 and relates to measures taken in 2010
29 April 2011 relating to measures taken in 2010 and
to eradicate or contain Diabrotica virgifera in Baden-Würt
2011 to control Rhynchophorus ferrugineus. The outbreaks
temberg. The outbreaks of that harmful organism were
of that harmful organism were detected in 2008, 2009
detected in different districts of that State (Breisgau-
and 2010. Measures taken in 2008 and 2009 have also
Hochschwarzwald, Emmendingen, Freiburg city,
been the subject of co-financing in 2009.
Konstanz, Loerrach, Ortenaukreis and Ravensburg) in
different years, i.e. 2008, 2009 and 2010. The
measures taken in 2008 and 2009 have also been the
(10) The
Netherlands
introduced
three
requests
for
financial
subject to co-financing in 2009 and 2010.
contribution on 13 December 2010. The first request
relates to measures taken in 2009 and 2010 in the
area of Boskoop to control Anoplophora chinensis. The
(4) Italy
introduced
three
requests
for
financial
contribution
appearance of that harmful organism was detected in
on 29 April 2011. The first request relates to measures
December 2009.
taken in 2011 in Lombardia, province of Brescia,
commune of Gussago, to control Anoplophora chinensis.
(11) The second request of the Netherlands relates to
The outbreak of that harmful organism was detected in
measures taken in 2009 to control Potato Spindle
Tuber Viroid (PSTVd). The suspected appearance of that
( 1 ) OJ L 169, 10.7.2000, p. 1.
harmful organism was detected in 2009.

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L 341/58
EN
Official Journal of the European Union
22.12.2011
(12) The
third
request
of
the
Netherlands
relates
to
measures
(21) All the above measures consist of a variety of plant
taken in 2009 to control Tuta absoluta. The outbreak of
health measures, including destruction of contaminated
that harmful organism was detected in 2009.
trees or crops, application of plant protection products,
sanitation techniques, inspections and testings carried out
officially or upon official request to monitor the presence
(13) Moreover, the Netherlands introduced additionally a
or extent of contamination by the respective harmful
fourth and a fifth request for financial contribution on
organisms, and replacement of destroyed plants, within
13 December 2010. The fourth request relates to
the meaning of Article 23(2)(a), (b) and (c) of Directive
measures taken in 2009 and 2010 in the area of
2000/29/EC.
Westland to control Anoplophora chinensis. The outbreak
of that harmful organism was detected in 2007.
Measures taken in 2008 have also been the subject of
(22) Germany,
Spain,
Italy,
Cyprus,
Malta,
The
Netherlands
co-financing in 2009.
and Portugal have applied for the allocation of a Union
financial contribution to these programmes in
accordance with the requirements laid down in
(14) The
fifth
request
of
the
Netherlands
relates
to
measures
Article 23 of Directive 2000/29/EC, in particular
taken in 2009 to control Clavibacter michiganensis spp.
paragraph 1 and 4 thereof, and in accordance with
michiganensis. The outbreak of that harmful organism
Commission Regulation (EC) No 1040/2002 of
was detected in 2007. Measures taken in 2007 have
14 June 2002 establishing detailed rules for the imple
also been the subject of co-financing in 2009. No co-
mentation of the provisions relating to the allocation of a
financing was requested for the measures in 2008.
financial contribution from the Community for plant-
health control and repealing Regulation (EC) No
2051/97 (
(15) Portugal introduced three requests for financial

1 ).
contribution on 30 April 2011 relating to measures
taken to control Bursaphelenchus xylophilus. The first
(23) The
technical
information
provided
by
Germany,
Spain,
request relates to measures taken in 2011 concerning
Italy, Cyprus, Malta, The Netherlands and Portugal has
continental Portugal, with the exception of the originally
enabled the Commission to analyse the situation
infested zone of Setubal of 1999, to control the
accurately and comprehensively. The Commission has
outbreaks detected in 2008. The measures taken in
concluded that the conditions for the granting of a
2008, 2009 and 2010 have also been the subject of
Union financial contribution, as laid down in particular
co-financing in 2009 and 2010.
in Article 23 of Directive 2000/29/EC, have been met.
Accordingly, it is appropriate to provide a Union
financial contribution to cover the expenditure on
(16) The
two
other
requests
of
Portugal
concern
exclusively
those programmes.
measures of heat treatment of wood or wood packaging
material in the area of Setubal, in 2010 and 2011.
(24) In accordance with the second subparagraph of
Article 23(5) of Directive 2000/29/EC, the Union
(17) Spain introduced three requests for financial
financial contribution may cover up to 50 % of eligible
contribution. The first one was introduced on 15 April
expenditure for measures that have been taken within a
2011 and relates to measures taken in 2011 in Extre
period of not more than 2 years after the date of
madura to control Bursaphelenchus xylophilus. The
detection of the appearance or that are planned for
outbreak of that harmful organism was detected in
that period. However, in accordance with the third
2008. The measures taken in 2008, 2009 and 2010
subparagraph of that Article, that period may be
have also been the subject of co-financing in 2009 and
extended if it has been established that the objective of
2010.
the measures will be achieved within a reasonable addi
tional period, in which case the rate of the Union
(18) The
second
request
of
Spain
was
introduced
on
28
April
financial contribution shall be digressive over the years
2011. It relates to measures taken in 2011 and planned
concerned. Having regard to the conclusions of the
for 2011 in Galicia to control Bursaphelenchus xylophilus.
Working Group on evaluation of the respective
The outbreak of that harmful organism was detected in
requests, it is appropriate to extend the two-year period
2010.
for the programmes concerned, while reducing the rate
of the Union financial contributions for these measures
to 45 % of eligible expenditure for the third year and to
(19) The
third
request
of
Spain
was
introduced
on
27
April
40 % for the fourth year of these programmes.
2011. It relates to measures taken in 2010 and 2011,
and also planned for 2011, in Catalonia to control
Pomacea insularum. The outbreak of that harmful
(25) The
Union
financial
contribution
up
to
50
%
of
eligible
organism was detected in 2010.
expenditure should therefore apply to Germany,

Nordrhein-Westfalen, Anoplophora glabripennis (2009,
2010), Germany, Baden-Württemberg, Diabrotica virgifera,
(20) Germany,
Spain,
Italy,
Cyprus,
Malta,
The
Netherlands
rural districts of Breisgau-Hochschwarzwald and Freiburg
and Portugal have each established a programme of
city (2010), rural districts of Emmendingen, Lrrach, and
actions to eradicate or contain the above harmful
Konstanz (2009), Italy, Emilia-Romagna, Pseudomonas
organisms introduced in their territories. These
syringae pv. actinidiae provinces of Bologna, Ferrara,
programmes specify the objectives to be achieved, the
measures carried out, their duration and their cost.
( 1 ) OJ L 157, 15.6.2002, p. 38.

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EN
22.12.2011 Official
Journal
of
the
European
Union L
341/59
Ravenna and Forlì-Cesena (2010), Cyprus, Rhynchophorus
is not in compliance with the provisions of point 2(a)(iii)
ferrugineus (2011), The Netherlands, Anoplophora chinensis,
of the Annex to Commission Decision 2006/133/EC ( 4 ).
Boskoop area (2009, 2010), The Netherlands, PSTVd
In this view, the level of eligible expenditure in the
(2009), The Netherlands, Tuta absoluta (2009), The
request relating to measures in continental Portugal,
Netherlands, Anoplophora chinensis, Westland (2009),
with exception of the originally infested zone of
Portugal, Bursaphelenchus xylophilus, Setubal area (2010,
Setubal, should be reduced as regards the cost of
2011), Spain, Galicia, Bursaphelenchus xylophilus (2010,
felling coniferous trees, and therefore only 25 % of this
2011) and to Spain, Catalonia, Pomacea insularum
category of expenditure should be deemed eligible.
(2010, 2011).
(31) In
accordance
with
Article
3(2)(a)
of
Council
Regulation
(26) The
Union
financial
contribution
up
to
45
%
of
eligible
(EC) No 1290/2005 of 21 June 2005 on the financing of
expenditure should therefore apply to the following
the common agricultural policy ( 5 ), plant-health measures
programmes: Italy, Veneto, Anoplophora glabripennis
are financed from the European Agricultural Guarantee
(2011), Malta, Rhynchophorus ferrugineus (2010), The
Fund. For the purpose of financial control of these
Netherlands, Clavibacter michiganesis ssp. michiganensis
measures, Articles 9, 36 and 37 of the above Regulation
(2009), as the measures concerned have already been
should apply.
the subject of a Union financial contribution under
Commission Decisions 2009/996/EU
( 1 ) (Malta, The
(32) In
accordance
with
Article
75
of
Council
Regulation
(EC,
Netherlands) or 2010/772/EU ( 2 ) (Italy) for the first 2
Euratom) No 1605/2002 of 25 June 2002 on the
years of their implementation. This also applies to the
Financial Regulation applicable to the general budget of
programme of The Netherlands, Anoplophora chinensis,
the European Communities ( 6 ) and Article 90(1) of
Westland (2010), where measures for 2009 (year 2 of
Commission Regulation (EC, Euratom) No 2342/2002
the programme) are co-financed in the present Decision.
of 23 December 2002 laying down detailed rules for
the implementation of Council Regulation (EC,
Euratom) No 1605/2002 on the Financial Regulation
(27) The
same
level
of
contribution
should
apply
to
the
third
applicable to the general budget of the European
year (2010) of the programme presented by Germany in
Communities ( 7 ), the commitment of expenditure from
Baden-Württemberg for Diabrotica virgifera in the rural
the Union budget shall be preceded by a financing
district of Ravensburg, which measures have been the
decision adopted by the institution to which powers
subject of a Union financial contribution under
have been delegated, setting out the essential elements
Decision 2009/996/EU and Decision 2010/772/EU.
of the action involving the expenditure.
(28) Moreover,
a
Union
contribution
up
to
40
%
should
apply
(33) The present decision constitutes a financing decision for
to the fourth year of the following programmes: Spain,
the expenditure provided in the co-financing requests
Extremadura, Bursaphelenchus xylophilus (2011), Italy,
presented by Member States.
Lombardia, Anoplophora chinensis (2011), Italy, Lazio,
Anoplophora chinensis (2011), Malta, Rhynchophorus
(34) The
measures
provided
in
this
Decision
are
in
accordance
ferrugineus (2011), Portugal, Bursaphelenchus xylophilus
with the opinion of the Standing Committee on Plant
(2011), continental Portugal with the exception of the
Health,
originally infested zone of Setubal of 1999, as the
measures have been the subject of a Union financial
contribution under Decision 2009/996/EU (Spain, Italy,
HAS ADOPTED THIS DECISION:
Portugal) and 2010/772/EU (Spain, Italy, Portugal) for
the first 3 years of their implementation.
Article 1
On the basis of the dossiers submitted by the Member States
(29) The
same
level
of
contribution
should
apply
to
the
and analysed by the Commission, the allocation of a Union
fourth year (2010) of the programme presented by
financial contribution for 2011 to cover expenditure incurred
Germany in Baden-Württemberg for Diabrotica virgifera
by Germany, Spain, Italy, Cyprus, Malta, The Netherlands and
in the rural district of Ortenaukreis, which measures
Portugal relating to necessary measures as specified in
have been the subject of a Union financial contribution
Article 23(2)(a), (b) and (c) of Directive 2000/29/EC and
under Commission Decision 2009/147/EC ( 3 ), Decision
taken for the purpose of combating the organisms concerned
2009/996/EU and Decision 2010/772/EU.
by the eradication or containment programmes listed in the
Annex, is hereby approved.
(30) In accordance with the conclusions of the audit mission
in Portugal from 29 March 2011 to 11 April 2011 of
Article 2
the Food and Veterinary Office of the Commission, only
The total amount of the Union financial contribution referred to
25 % of the number of coniferous host trees infested by
in Article 1 is EUR 15 006 869,89. The maximum amounts of
pinewood nematode, or showing any symptoms of poor
the Union financial contribution for each of the programmes
health, had been felled and destroyed at the date of
shall be as indicated in the Annex.
1 April 2011. This failure of the Portuguese authorities
( 4 ) OJ L 52, 23.2.2006, p. 34.
( 1 ) OJ L 339, 22.12.2009, p. 49.
( 5 ) OJ L 209, 11.8.2005, p. 1.
( 2 ) OJ L 330, 15.12.2010, p. 9.
( 6 ) OJ L 248, 16.9.2002, p. 1.
( 3 ) OJ L 49, 20.2.2009, p. 43.
( 7 ) OJ L 357, 31.12.2002, p. 1.

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L 341/60
EN
Official Journal of the European Union
22.12.2011
Article 3
Article 4
The Union financial contribution as set out in the Annex shall
This Decision is addressed to the Federal Republic of Germany,
be paid on the following conditions:
the Kingdom of Spain, the Italian Republic, the Republic of
Cyprus, the Republic of Malta, the Kingdom of the Netherlands
(a) evidence of the measures taken has been submitted by the
and the Portuguese Republic.
Member State concerned in accordance with the provisions
laid down in Regulation (EC) No 1040/2002;
(b) a request for payment has been submitted by the Member
Done at Brussels, 19 December 2011.
State concerned to the Commission, in accordance with
Article 5 of Regulation (EC) No 1040/2002.
The payment of the financial contribution is without prejudice
For the Commission
to the verifications by the Commission under Article 23(8) the
second paragraph, Article 23(10) and Article 24 of Directive
John DALLI
2000/29/EC.
Member of the Commission

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EN
22.12.2011 Official
Journal
of
the
European
Union L
341/61
ANNEX
ERADICATION/CONTAINMENT PROGRAMMES
S e c t i o n I
Programmes whose Union financial contribution corresponds to 50 % of eligible expenditure
(in EUR)
Harmful
Affected plants
Maximum Union
Member State
organisms
or plant
Year
a
Eligible
contribution per
combated
products
expenditure
programme
Germany, Nordrhein-
Anoplophora
Various tree 2009 and 2010 1
and
2 194
369,65 97
184,82
Westfalen
glabripennis
species
Germany, Baden-
Diabrotica
Zea mays 2009
or
2010 1or
2 84
846,51 42
423,25
Württemberg, rural
virgifera
district of Breisgau-
Hochschwarzwald and
Freiburg city (year 1 of
the measures)
Emmendingen, Lrrach,
Konstanz (year 2 of the
measures)
Spain, Galicia Bursaphelenchus
Coniferous
2010 and 2011 1
and
2 6
178
612 3
089
306
xylophilus
trees
Spain, Catalonia Pomacea
Oryza sativa 2010
and
2011 1
and
2 2
218
507 1
109
253,50
insularum
Italy, Emilia-Romagna
Pseudomonas
Actinidia
2010
1 89
100 44
550
(Provinces of Bologna,
syringae pv.
sinensis
Ferrara, Ravenna and
actinidiae
Forlì-Cesena)
Cyprus Rhynchophorus
Palmaceae 2011
2 134
750 67
375
ferrugineus
The Netherlands,
Anoplophora
Various tree 2009 and 2010 1
and
2 2
160
037 1
080
018,50
Boskoop area
chinensis
species
The Netherlands PSTVd Petunia sp. 2009
1 102
269 51
134,50
The Netherlands Tuta
absoluta Solanum
2009
1 170
778 85
389
lycopersicum
The Netherlands,
Anoplophora
Various tree
2009
2 285
671 142
835,50
Westland area
chinensis
species
Portugal, Setubal area, Bursaphelenchus
Wood and 2010 and 2011 1
and
2 3
791
500 1
895
750
heat treatment
xylophilus
wood
packaging
material

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L 341/62
EN
Official Journal of the European Union
22.12.2011
S e c t i o n I I
Programmes whose Union financial contribution rates differ, in application of the principle of
degressivity
(in EUR)
Member State
Harmful organisms
Maximum Union
combated
Affected plants Year
a Eligible
expenditure Rate
(%)
contribution
Germany, Baden-
Diabrotica
Zea mays 2010
3 9
480,99 45 4
266,44
Württemberg, rural
virgifera
district of Ravensburg
Germany, Baden-
Diabrotica
Zea mays 2010
4 46
118,53 40 18
447,41
Württemberg, rural
virgifera
district of Ortenaukreis
Spain, Extremadura Bursaphelenchus Coniferous
2011
4 419
941 40 167
976,40
xylophilus
trees
Italy, Veneto
Anoplophora
Various tree 2011
3 287
500 45 129
375
(Cornuda area)
glabripennis
species
Italy, Lombardia
Anoplophora
Various tree 2011
4 280
150 40 112
060
(Gussago area)
chinensis
species
Italy, Lazio
Anoplophora
Various tree 2011
4 410
694 40 164
277,60
(Roma area)
chinensis
species
Malta Rhynchophorus
Palmaceae 2010
3 606
347 45 272
856,29
ferrugineus
2011
4 865
834 40 346
333,76
The Netherlands Clavibacter Solanum
2009
3 40
866 45 18
389,70
michiganesis spp.
lycopersicum
michiganensis
The Netherlands,
Anoplophora
Various tree 2010
3 212
152 45 95
468,40
Westland area
chinensis
species
Portugal, Continental
Bursaphelenchus
Coniferous
2011
4 14
930
497,02 40 5
972
198,81
Portugal, area outside
xylophilus
trees
the area of Setubal
Total Union contribution (EUR) 15
006
869,89
Legend:
a = Year of implementation of the eradication programme.

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