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3.7.2012 Official
Journal
of
the
European
Union L
173/23
COMMISSION IMPLEMENTING DECISION
of 2 July 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 Poland in 2007
(Only the Polish text is authentic)
(2012/350/EU)
THE EUROPEAN COMMISSION,
planned activities were actually implemented and that the
authorities provided all the necessary information within
Having regard to the Treaty on the Functioning of the European
the set deadlines. Decision 2008/557/EC provided that a
Union,
first tranche of EUR 845 000,00 be paid as part of the
Union’s financial contribution. Commission Imple
menting Decision 2011/799/EU ( 4 ) provided that a
Having regard to Council Decision 2009/470/EC of 25 May
second tranche of EUR 750 000,00 be paid as part of
2009 on expenditure in the veterinary field ( 1 ), and in particular
the Union’s financial contribution.
Article 4 thereof,
Whereas:
(6) Poland
has
in
accordance
with
Article
3(4)
of
Decision
2009/470/EC without delay informed the Commission
and the other Member States of the measures applied
(1) In
accordance
with
Article
75
of
the
Financial
Regulation
in accordance with Union legislation on notification
and Article 90(1) of the Implementing Rules, the
and eradication and the results thereof. The request for
commitment of expenditure from the Union budget
reimbursement was, as required in Article 7 of Regu
shall be preceded by a financing decision setting out
lation (EC) No 349/2005, accompanied by a financial
the essential elements of the action involving expenditure
report, supporting documents, an epidemiological
and adopted by the institution or the authorities to
report on each holding where the animals have been
which powers have been delegated by the institution.
slaughtered or destroyed and the results of respective
audits.
(2) Decision
2009/470/EC
lays
down
the
procedures
governing the financial contribution from the Union
towards specific veterinary measures, including
(7) An
audit
according
to
Article
10
of
Regulation
(EC)
No
emergency measures. With a view to helping to
349/2005 was carried out by the Commission’s services.
eradicate avian influenza as rapidly as possible the
The Commission’s observations, method of calculating
Union should contribute financially to eligible expen
the eligible expenditure and final conclusions were
diture borne by the Member States. Article 4(3) first
communicated to Poland on 23 December 2011.
and second indents of that Decision lays down rules
Poland agreed by letter dated 3 April 2012.
on the percentage that must be applied to the costs
incurred by the Member States.
(8) Consequently
the
total
amount
of
the
financial
support
from the Union to the eligible expenditure incurred in
(3) Article
3
of
Commission
Regulation
(EC)
No
349/2005
connection with the eradication of avian influenza in
of 28 February 2005 laying down rules on the
Poland in 2007 can now be fixed.
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
(9) 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,
(4) Commission
Decision
2008/557/EC
of
27
June
2008
on
a financial contribution from the Community towards
HAS ADOPTED THIS DECISION:
emergency measures to combat avian influenza in
Poland in 2007 ( 3 ) granted a financial contribution by
the Union towards emergency measures to combat
Article 1
avian influenza in Poland in 2007. An official request
for reimbursement was submitted by Poland on
The financial contribution from the Union towards the expen
13 March 2008, as set out in Article 7(1) and 7(2) of
diture associated with eradicating avian influenza in Poland in
Regulation (EC) No 349/2005.
2007 is fixed at EUR 1 648 571,50.
(5) The
payment
of
the
financial
contribution
from
the
Article 2
Union is to be subject to the condition that the
The balance of the financial contribution is fixed at
EUR 53 571,50.
( 1 ) OJ L 155, 18.6.2009, p. 30.
( 2 ) OJ L 55, 1.3.2005, p. 12.
( 3 ) OJ L 180, 9.7.2008, p. 15.
( 4 ) OJ L 320, 3.12.2011, p. 47.

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L 173/24
EN
Official Journal of the European Union
3.7.2012
Article 3
This Decision constituting a financing decision in the meaning of Article 75 of the Financial Regulation is
addressed to the Republic of Poland.
Done at Brussels, 2 July 2012.
For the Commission
John DALLI
Member of the Commission

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Document Outline

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