HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"L 348/22
EN
Official Journal of the European Union
18.12.2012
COMMISSION IMPLEMENTING DECISION
of 14 December 2012
on a Union financial contribution pursuant to Council Directive 2000/29/EC for 2012 to cover
expenditure incurred by Germany, Spain, France, Italy, Cyprus, the Netherlands and Portugal for the
purpose of combating organisms harmful to plants or plant products
(notified under document C(2012) 9280)
(Only the Dutch, French, German, Greek, Italian, Portuguese and Spanish texts are authentic)
(2012/789/EU)
THE EUROPEAN COMMISSION,
(5) The fourth request of Germany was introduced on
27 April 2012 and relates to measures taken in 2011
to eradicate or contain Diabrotica virgifera in Hessen. The
Having regard to the Treaty on the Functioning of the European
outbreak of that harmful organism was detected there in
Union,
2011.
Having regard to Council Directive 2000/29/EC of 8 May 2000
on protective measures against the introduction into the
(6) Spain
introduced
four
requests
for
financial
contribution.
Community of organisms harmful to plants or plant products
The first one was introduced on 20 April 2012 and
and against their spread within the Community (
relates to measures taken or planned for 2012 in Extre

1 ), and in
particular Article 23(5) thereof,
madura to control Bursaphelenchus xylophilus. The
outbreak of that harmful organism was detected in
2008 in the Sierra de Dios Padres. The measures taken
Whereas:
in November – December 2008, and in 2009, 2010 and
2011 have also been the subject of co-financing in 2009,
2010 and 2011. A follow-up request for measures from
(1) Pursuant
to
Article
22
of
Directive
2000/29/EC,
Member
January 2012 until October 2012, i.e. to cover the
States may receive a ‘plant health control’ financial
maximum duration of four years, has been accepted.
contribution from the Union to cover expenditure
relating directly to the necessary measures which have
been taken or are planned to be taken for the purpose
(7) The
second
request
of
Spain
was
introduced
on
23
April
of combating harmful organisms introduced from third
2012. It relates to measures taken or planned for 2012
countries or from other areas in the Union, in order to
in Galicia to control Bursaphelenchus xylophilus. The
eradicate or, if that is not possible, to contain them.
outbreak of that harmful organism was detected in
2010 in the area of As Neves.
(2) Germany
introduced four requests for financial
contribution. The first one was introduced on
(8) The
third
request
of
Spain
was
introduced
on
25
April
19 December 2011 and relates to measures taken in
2012. It relates to measures taken or planned for 2012
2011 to eradicate or contain Diabrotica virgifera in
in Catalonia to control Pomacea insularum. The outbreak
Nordrhein-Westfalen. The outbreak of that harmful
of that harmful organism was detected in 2010.
organism was detected there in 2010.
(3) The
second
one
was
introduced
on
25
April
2012
and (9) The
fourth
request
of
Spain
was
introduced
on
27
April
relates to measures taken from August 2010 until
2012. It relates to measures taken or planned for 2012
August 2011 to control Anoplophora glabripennis in
in Extremadura to control Bursaphelenchus xylophilus. The
Nordrhein-Westfalien. The outbreak of that harmful
outbreak of that harmful organism was detected in 2012
organism was detected there in 2009.
in the area of Valverde del Fresno.
(4) The
third
request
of
Germany
was
introduced
on (10) France
introduced
two
requests
for
financial
contribution.
27 April 2012 and relates to measures taken in 2011
The first one was introduced on 30 December 2011 and
to eradicate or contain Diabrotica virgifera in Baden-Würt
relates to measures taken or planned from September
temberg. The outbreaks of that harmful organism were
2011 until September 2012 to control Rhynchophorus
detected in different rural or city districts of that State
ferrugineus. The initial outbreaks of that harmful
(Breisgau-Hochschwarzwald, Emmendingen, Freiburg city,
organism were detected in 2009. Measures taken from
Konstanz, Lrrach, Ortenaukreis and Rastatt — city
September 2009 until September 2011 have also been
district of Baden-Baden) in different years, i.e. 2008,
the subject of co-financing in 2010.
2009, 2010 and 2011. The measures taken in 2008,
2009, 2010 and 2011 have also been the subject to
co-financing in 2009, 2010 and 2011.
(11) The
second
request
was
introduced
on
30
April
2012
and relates to measures taken or planned from
( 1 ) OJ L 169, 10.7.2000, p. 1.
November 2011 until December 2012 to control

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EN
18.12.2012 Official
Journal
of
the
European
Union L
348/23
Anoplophora glabripennis in Alsace. Measures were taken
(19) All the above measures consist of a variety of plant
in France as a consequence of findings in 2011 of that
health measures, including destruction of contaminated
harmful organism in the bordering area of Germany.
trees or crops, application of plant protection products,
sanitation techniques, inspections and testings carried out
officially or upon official request to monitor the presence
(12) Italy
introduced
two
requests
for
financial
contribution
or extent of contamination by the respective harmful
on 30 April 2012. The first request of Italy relates to the
organisms, and replacement of destroyed plants, within
measures taken or planned for 2012 in Veneto, province
the meaning of Article 23(2)(a), (b) and (c) of Directive
of Treviso, area of Cornuda, to control Anoplophora
2000/29/EC.
glabripennis. The outbreak of that harmful organism was
detected in 2009. The measures taken in 2009, 2010
and 2011 have also been the subject of co-financing in
(20) Germany, Spain, France, Italy, Cyprus, the Netherlands
2010 and 2011.
and Portugal have applied for the allocation of a Union
financial contribution to these programmes in
accordance with the requirements laid down in Article 23
(13) The
second
request
of
Italy
relates
to
measures
taken
in
2011 in Emilia-Romagna, provinces of Bologna, Ferrara,
of Directive 2000/29/EC, in particular paragraph 1 and 4
Ravenna and Forlì-Cesena, to control Pseudomonas
thereof, and in accordance with Commission Regulation
syringae pv. actinidiae. The outbreak of that harmful
(EC) No 1040/2002 of 14 June 2002 establishing
organism was confirmed in 2010. The measures taken
detailed rules for the implementation of the provisions
in 2010 have also been the subject of co-financing in
relating to the allocation of a financial contribution from
2011.
the Union for plant-health control and repealing Regu

lation (EC) No 2051/97 ( 1 ).
(14) Cyprus introduced a request for financial contribution on
30 April 2012 relating to measures taken or planned for
(21) The
technical
information
provided
by
Germany,
Spain,
2012 to control Rhynchophorus ferrugineus. The intial
France, Italy, Cyprus, the Netherlands and Portugal has
outbreaks of that harmful organism occurred in 2009.
enabled the Commission to analyse the situation
Measures taken in 2010 and 2011have also been the
accurately and comprehensively. The Commission has
subject of co-financing in 2010 and 2011.
concluded that the conditions for the granting of a
Union financial contribution, as laid down in particular
in Article 23 of Directive 2000/29/EC, have been met.
(15) The
Netherlands
introduced
one
request
for
financial
Accordingly, it is appropriate to provide a Union
contribution on 23 December 2011. That request
financial contribution to cover part of the expenditure
relates to measures taken from November 2010 until
on those programmes.
December 2011 in the area of Almere to control
Anoplophora glabripennis. The appearance of that
harmful organism was detected in November 2010.
(22) In accordance with the second subparagraph of
Article 23(5) of Directive 2000/29/EC, the Union
financial contribution may cover up to 50 % of eligible
(16) Portugal introduced two requests for financial
expenditure for measures that have been taken within a
contribution on 30 April 2012 relating to measures
period of not more than two years after the date of
taken to control Bursaphelenchus xylophilus. The first
detection of the appearance or that are planned for
request relates to measures taken or planned in the
that period. However, in accordance with the third
first half of 2012 in continental Portugal, with the
subparagraph of that Article, that period may be
exception of the originally infested zone of Setubal of
extended if it has been established that the objective of
1999, to control the outbreaks detected in 2008. The
the measures will be achieved within a reasonable
measures taken in the second half of 2008, in 2009,
additional period, in which case the rate of the Union
2010 and 2011 have also been the subject of co-
financial contribution shall be digressive over the years
financing in 2009, 2010 and 2011. A follow-up
concerned. Having regard to the conclusions of the
request for measures from January 2012 until June
Working Group on evaluation of the respective
2012, i.e. to cover the maximum duration of four
requests, it is appropriate to extend the two-year period
years, has been accepted.
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
(17) The
second request of Portugal concerns exclusively
measures of heat treatment of wood or wood
40 % for the fourth year of these programmes.
packaging material in the area of Setubal, in 2012. The
measures taken in 2010 and 2011 have also been the
subject of co-financing in 2011.
(23) The
Union
financial
contribution
up
to
50
%
of
eligible
expenditure should therefore apply to Germany, Baden-
Württemberg, Diabrotica virgifera, rural district of
(18) Germany,
Spain,
France,
Italy,
Cyprus,
the
Netherlands
Breisgau-Hochschwarzwald and Freiburg city, rural
and Portugal have each established a programme of
district of Rastatt and city district of Baden-Baden
actions to eradicate or contain the above harmful
(2011), Germany, Diabrotica virgifera, Hessen (2011),
organisms introduced in their territories. These
Germany, Diabrotica virgifera, Nordrhein Westfalen
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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L 348/24
EN
Official Journal of the European Union
18.12.2012
(2011), France, Anoplophora glabripennis, (November
executed by the National Forestry Authority. Taking into
2011 to December 2012), Italy, Emilia-Romagna, Pseu
account that in 2011 already, the felling of the trees and
domonas syringae pv. Actinidiae, provinces of Bologna,
the testing intensity was not properly implemented, a
Ferrara, Ravenna and Forlì-Cesena (2011), the Nether
reduction higher than the level of under-implementation
lands, Anoplophora glabripennis, Almere area (November
should be applied in 2012. Therefore, a reduction of
2010 to December 2011).
25 % to the expenditure of tree felling should be
applied and the testing activities should not be eligible.
(24) The
Union
financial
contribution
up
to
45
%
of
eligible
expenditure should therefore apply to the third year of
(28) Moreover,
in
accordance
with
the
conclusions
of
the
the following programmes: Germany, Nordrhein-West
financial audit by the Commission of heat treatments
falen, Anoplophora glabripennis (2011), Germany, Baden-
costs for wood and wood packaging material in
Württemberg, Diabrotica virgifera, rural districts of
Portugal, the unit cost per equivalent-pallet should be
Emmendingen, Konstanz, and Lrrach (2011), Spain,
fixed to EUR 0,30 in place of EUR 0,43. Therefore, the
Catalonia, Pomacea insularum (2012), Spain, Galicia,
amount of eligible expenditure for those heat treatment
Bursaphelenchus xylophilus (2012), France, PACA Region,
measures should be adapted in the two dossiers
Rhynchophorus ferrugineus (September 2011 until
introduced by Portugal in order to reflect those
September 2012), Cyprus, Rhynchophorus ferrugineus
conclusions.
(2012) and Portugal, Bursaphelenchus xylophilus, Setubal
area (2012) as the measures concerned have already
(29) In
accordance
with
Article
3(2)(a)
of
Council
Regulation
been the subject of a Union financial contribution
(EC) No 1290/2005 of 21 June 2005 on the financing of
under Commission Decision 2010/772/EU
( 1 )
the common agricultural policy ( 5 ), plant-health measures
(Germany, Diabrotica virgifera, France, Italy, Cyprus)
are financed from the European Agricultural Guarantee
and/or Commission Implementing Decision
Fund. For the purpose of financial control of these
2011/868/EU ( 2 ) (Germany, Italy, Spain, Portugal) for
measures, Articles 9, 36 and 37 of the above Regulation
the first two years of their implementation.
should apply.
(25) Moreover,
a
Union
contribution
up
to
40
%
should
apply
(30) In
accordance
with
Article
75
of
Council
Regulation
(EC,
to the fourth year of the following programmes: Spain,
Euratom) No 1605/2002 of 25 June 2002 on the
Extremadura, Bursaphelenchus xylophilus, outbreak 2008
Financial Regulation applicable to the general budget of
(2012), Italy, Veneto, Anoplophora glabripennis (2012),
the European Communities ( 6 ) and Article 90(1) of
Portugal, Bursaphelenchus xylophilus (2012), area of conti
Commission Regulation (EC, Euratom) No 2342/2002
nental Portugal with the exception of the originally
of 23 December 2002 laying down detailed rules for
infested zone of Setubal of 1999, as the measures have
the implementation of Council Regulation (EC,
been the subject of a Union financial contribution under
Euratom) No 1605/2002 on the Financial Regulation
Commission Decision 2009/996/EU
(
applicable to the general budget of the European

3 ), Decision
2010/772/EU and Implementing Decision 2011/868/EU
Communities ( 7 ), the commitment of expenditure from
for the first three years of their implementation.
the Union budget shall be preceded by a financing

decision adopted by the institution to which powers
have been delegated, setting out the essential elements
(26) In accordance with the conclusions of the audit mission
of the action involving the expenditure.
in Portugal from 19 to 28 March 2012 of the Food and
Veterinary Office of the Commission, only 85 % of the
(31) The present decision constitutes a financing decision for
number of coniferous host trees infested by pinewood
the expenditure provided in the co-financing requests
nematode, or showing any symptoms of poor health, had
presented by Member States.
been felled and destroyed at the date of 1 April 2012,
which represents an under-implementation of 15 %. In
(32) The
measures
provided
in
this
Decision
are
in
accordance
addition, the sampling and testing of the suspicious
with the opinion of the Standing Committee on Plant
coniferous trees was applied at an intensity of about
Health,
1 %, which is far below the requirements of Commission
Decision 2006/133/EC of 13 February 2006 requiring
Member States temporarily to take additional measures
HAS ADOPTED THIS DECISION:
against the dissemination of Bursaphelenchus xylophilus
(Steiner et Buhrer) Nickle et al. (the pine wood nematode)
Article 1
as regards areas in Portugal, other than those in which it
On the basis of the information and documents submitted by
is known not to occur ( 4 ).
the Member States and analysed by the Commission, the allo
cation of a Union financial contribution for 2012 to cover
(27) In view of this, the level of eligible expenditure in the
expenditure incurred by Germany, Spain, France, Italy, Cyprus,
request relating to measures in continental Portugal, with
the Netherlands and Portugal relating to necessary measures as
exception of the originally infested zone of Setubal,
specified in Article 23(2)(a), (b) and (c) of Directive 2000/29/EC
should be reduced as regards the cost of felling
and taken for the purpose of combating the organisms
coniferous trees and the costs of laboratory tests
concerned by the eradication or containment programmes
listed in the Annex, is hereby approved.
( 1 ) OJ L 330, 15.12.2010, p. 9.
( 2 ) OJ L 341, 22.12.2011, p. 57.
( 5 ) OJ L 209, 11.8.2005, p. 1.
( 3 ) OJ L 339, 22.12.2009, p. 49.
( 6 ) OJ L 248, 16.9.2002, p. 1.
( 4 ) OJ L 52, 23.2.2006, p. 34.
( 7 ) OJ L 357, 31.12.2002, p. 1.

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EN
18.12.2012 Official
Journal
of
the
European
Union L
348/25
Article 2
The payment of the financial contribution is without prejudice
to the verifications by the Commission under Article 23(8) 2nd
The total amount of the Union financial contribution referred to
paragraph, Article 23(10) and Article 24 of Directive
in Article 1 is EUR 7 271 741,06. The maximum amounts of
2000/29/EC.
the Union financial contribution for each of the programmes
shall be as indicated in the Annex.
Article 4
Article 3
This Decision is addressed to the Federal Republic of Germany,
the Kingdom of Spain, the French Republic, the Italian Republic,
The Union financial contribution as set out in the Annex shall
the Republic of Cyprus, the Kingdom of the Netherlands and
be paid on the following conditions:
the Portuguese Republic.
(a) evidence of the measures taken has been submitted by the
Member State concerned in accordance with the provisions
Done at Brussels, 14 December 2012.
laid down in Regulation (EC) No 1040/2002;
For the Commission
(b) a request for payment has been submitted by the Member
State concerned to the Commission, in accordance with
Tonio BORG
Article 5 of Regulation (EC) No 1040/2002.
Member of the Commission

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L 348/26
EN
Official Journal of the European Union
18.12.2012
ANNEX
ERADICATION/CONTAINMENT PROGRAMMES
S e c t i o n I :
Programmes whose Union financial contribution corresponds to 50 % of eligible expenditure.
(EUR)
Maximum Union
Member State
Harmful organisms
combated
Affected plants Year
a
Eligible
expenditure
contribution per
programme
Germany, NordRhein Diabrotica
Zea mays 08.2010
-
1 and 2 133
400,32 66
700,16
Westfalien
virgifera
09.2011
Germany, Hessen Diabrotica
Zea mays 2011
1 55
374,84 27
687,42
virgifera
Germany, Baden-
Diabrotica
Zea mays 2011 1
or
2 31
750,29 15
875,14
Württemberg, rural
virgifera
district of Rastatt
and city dictrict
Baden-Baden (year 1
of the measures),
Breisgau-Hoch
schwarzwald and
Freiburg city (year 2
of the measures)
Spain, Extremadura
Bursaphelenchus
Coniferous
2012
1 1
081
399,69 540
699,84
(outbreak 2012)
xylophilus
trees
France, Alsace Anoplophora
Various tree
11.2011-
1 and 2 213
993,15 106
996,57
glabripennis
species
12.2012
Italy, Emilia-
Pseudomonas
Actinidia sp. 2011
2 152
330,13 76
165,06
Romagna (Provinces syringae pv.
of Bologna, Ferrara, actinidiae
Ravenna and Forlì-
Cesena)
The Netherlands,
Anoplophora
Various tree
11.2010 -
1 and 2 583
436 291
718
Almere area
glabripennis
species
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
(EUR)
Harmful
Affected plants
Member State
organisms
or plant
Year
a Eligible
expenditure Rate
(%)
Maximum Union
combated
products
contribution
Germany,
Anoplophora
Various tree
08.2010 - 3 207
314,64 45 93
291,58
Nordrhein-West
glabripennis
species
09.2011
falen
Germany, Baden-
Diabrotica
Zea mays 2011
3 33
675,54 45 15
153,99
Württemberg, rural virgifera
district of
Emmendingen,
Lrrach, Konstanz
Spain, Catalonia Pomacea
Oryza sativa 2012
3 1
914
477,44 45 861
514,84
insularum
Spain, Extremadura Bursaphelenchus Coniferous
2012,
4 316
519,91 40 126
607,96
(outbreak 2008)
xylophilus
trees
(January-
October)

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EN
18.12.2012 Official
Journal
of
the
European
Union L
348/27
(EUR)
Harmful
Affected plants
Member State
organisms
or plant
Year
a Eligible
expenditure Rate
(%)
Maximum Union
combated
products
contribution
Spain, Galicia Bursaphelenchus
Coniferous
2012
3 1
652
201,49 45 743
490,67
xylophilus
trees
France, PACA
Rhynchophorus
Palmaceae September
3 421
173,40 45 189
528,03
region
ferrugineus
2011 until
September
2012
Italy, Veneto
Anoplophora
Various tree
2012
4 281
945 40 112
778
(Cornuda area)
glabripennis
species
Cyprus Rhynchophorus
Palmaceae 2012
3 299
814 45 134
916,30
ferrugineus
Portugal,
Bursaphelenchus Coniferous
2012
4 Measures 40 Measures
Continental
xylophilus
trees
(January to
1,2,3,4,5,9
1,2,3,4,5,9
Portugal, area
June)
outside the area of
1 473 813,32 589
525,32
Setubal
Measure 6
Measures 6
(testing-
(testing-
sampling)
sampling)
0
0
Measure 7 (HT
Measure 7 (HT
measures), i.e.
measures)
16 800 000
equivalent-
pallets at
0,30 EUR
5 040 000 2
016
000
Measure 8 (tree
Measure 8
felling),
(tree felling)
i.e.reduced to
75 % of
1 894 606,34
1 420 954,75 568
381,90
Sum Sum
7 934 768,07 3
173
907,23
Portugal, Setubal
Bursaphelenchus Wood and
2012
3 Measures
1
and 45 Measures
1
area, heat
xylophilus
wood
2
and 2
treatment measures
packaging
material
9 582,92 4
312,31
Measure 3 (HT
Measure 3 (HT
measures), i.e.
measures),
5 114 059
equivalent-
pallets at
0,30 EUR
1 534 217,70 690
397,96
Sum Sum
1 543 800,62 694
710,27
Total Union contribution: EUR 7 271 741,06
Legend:
— a = year of implementation of the eradication programme.

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