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3.12.2011 Official
Journal
of
the
European
Union L
320/41
COMMISSION IMPLEMENTING DECISION
of 30 November 2011
on a financial contribution from the Union towards emergency measures to combat avian influenza
in Cloppenburg, Germany in December 2008 and January 2009
(notified under document C(2011) 8716)
(Only the German text is authentic)
(2011/796/EU)
THE EUROPEAN COMMISSION,
(4) Commission
Decision
2009/581/EC
of
29
July
2009
on
a financial contribution from the Community towards
emergency measures to combat avian influenza in Clop
penburg, Germany in December 2008 and January
2009 (
Having regard to the Treaty on the Functioning of the European

3 ) provided for a financial contribution by the
Union towards emergency measures to combat avian
Union,
influenza in Germany in December 2008 and January
2009.
Having regard to Council Decision 2009/470/EC of 25 May
(5) Germany
submitted
an
official
request
for
reimbursement
2009 on expenditure in the veterinary field ( 1 ), and in particular
on 3 September 2009, as set out in Article 7(1) and (2)
Article 4 thereof,
of Regulation (EC) No 349/2005.
Whereas:
(6) Article
7
of
Regulation
(EC)
No
349/2005
makes
the

payment of that financial contribution from the Union
subject to the condition that the planned activities were
actually implemented and that the authorities provided
all the necessary information within the set deadlines.
(1) In
accordance
with
Article
75
of
the
Financial
Regulation
and Article 90(1) of the Implementing Rules, the
commitment of expenditure from the Union budget
shall be preceded by a financing decision setting out
(7)
Decision 2009/581/EC provided that a first tranche of
the essential elements of the action involving expenditure
EUR 2 000 000 should be paid as part of the Union’s
and adopted by the institution or the authorities to
financial contribution.
which powers have been delegated by the institution.
(8) An
audit
according
to
Article
10
of
Regulation
(EC)
No
349/2005 carried out by the Commission’s services did
reveal only minor financial issues.
(2) Decision
2009/470/EC
lays
down
the
procedures

governing the financial contribution from the Union
towards specific veterinary measures, including
emergency measures. With a view to eradicate avian
(9) Germany
has
thus
to
this
point
complied
with
its
influenza as rapidly as possible the Union should
technical and administrative obligations as set out in
contribute financially to eligible expenditure borne by
Article 3(4) of Decision 2009/470/EC and Article 7 of
the Member States. Article 4(3), first and second
Regulation (EC) No 349/2005.
indents, of that Decision identifies the percentage of
Union financial contributions that can be paid to
compensate the costs incurred by the Member States.
(10) In
view
of
the
above
considerations,
a
second
tranche
of
the financial support from the Union to the eligible
expenditure incurred in association with the eradication
of avian influenza in Cloppenburg, Germany in
(3) Article
3
of
Commission
Regulation
(EC)
No
349/2005
December 2008 and January 2009 should now be fixed.
of 28 February 2005 laying down rules on the
Community financing of emergency measures and of
the campaign to combat certain animal diseases under
Council Decision 90/424/EEC ( 2 ) sets rules on the expen
(11) The
measures provided for in this Decision are in
diture eligible for Union financial support.
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.

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L 320/42
EN
Official Journal of the European Union
3.12.2011
HAS ADOPTED THIS DECISION:
Article 1
A second tranche of EUR 4 000 000 shall be paid to Germany as part of the Union financial contribution.
Article 2
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, 30 November 2011.
For the Commission
John DALLI
Member of the Commission

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