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17.12.2011 Official
Journal
of
the
European
Union L
335/107
COMMISSION IMPLEMENTING DECISION
of 12 December 2011
on an additional Union financial contribution for 2006 and 2007 to cover expenditure incurred by
Portugal for the purpose of combating Bursaphelenchus xylophilus (Steiner et Buhrer) Nickle et al.
(pinewood nematode)
(notified under document C(2011) 9247)
(Only the Portuguese text is authentic)
(2011/851/EU)
THE EUROPEAN COMMISSION,
additional expenditure of EUR 10 230 256,59. The initial
under-estimate was due to several factors, including an
under-estimate of the number of big PWN host trees, the
Having regard to the Treaty on the Functioning of the European
small percentage of PWN host trees cut by their owners
Union,
and the non-inclusion of costs to be incurred for cutting
the young PWN host trees.
Having regard to Council Directive 2000/29/EC of 8 May 2000
on protective measures against the introduction into the
(5) In
July
2010,
the
Commission
carried
out
an
audit
on
Community of organisms harmful to plants or plant products
the information communicated by Portugal on 30 June
and against their spread within the Community ( 1 ), and in
2009. After examination of all supporting documents for
particular Article 23(6) thereof,
the additional claim, the audit report concluded that an
eligible amount of EUR 5 314 851,15 of paid invoices
(including coordination costs) could be validated.
Whereas:
(6) As
the
measures
including
in
that
additional
claim
are
of
(1) Commission
Decision
2006/923/EC
( 2 ) approved a
the same nature and target the same purpose as the
financial contribution from the Union for a programme
measures of Decision 2006/923/EC, it is appropriate to
of measures introduced by Portugal aiming in 2006 and
allocate the same Union financial contribution rate as in
2007 at controlling the spread of Bursaphelenchus xylo
that Decision, namely a rate of 75 %.
philus (Steiner et Buhrer) Nickle et al. (pinewood
nematode) to other Member States. The measures
consisted of the creation of a barrier free from all host
trees of the pinewood nematode vector, hereinafter the
(7) In
accordance
with
Article
3(2)(a)
of
Council
Regulation
‘clear cut belt’.
(EC) No 1290/2005 of 21 June 2005 on the financing of
the common agricultural policy ( 3 ), plant-health measures
are financed from the European Agricultural Guarantee
Fund. For the purpose of financial control of these
(2) The
financial contribution granted by Decision
measures, Articles 9, 36 and 37 of the above Regulation
2006/923/EC was based on the programme for further
should apply.
actions for pinewood nematode (hereinafter: PWN) and
the budget estimation referring to this programme
as submitted by Portugal to the Commission on
28 July 2006.
(8) In
accordance
with
Article
75
of
Council
Regulation
(EC, Euratom) No 1605/2002 of 25 June 2002 on the
Financial Regulation applicable to the general budget of
(3) The
final
payments
to
Portugal
connected
to
the
actions
the European Communities ( 4 ) and Article 90(1) of
laid down in Decision 2006/923/EC occurred in
Commission Regulation (EC, Euratom) No 2342/2002
June 2008.
of 23 December 2002 laying down detailed rules for
the implementation of Council Regulation
(EC, Euratom) No 1605/2002 on the Financial Regu
lation applicable to the general budget of the European
(4) Portugal
informed
the
Commission
on
28
September
Communities ( 5 ), the commitment of expenditure from
2007 and submitted supporting evidence on 30 June
the Union budget shall be preceded by a financing
2009 that the expenditure related to the creation of
decision adopted by the institution to which powers
the clear cut belt exceeded by far the estimation
have been delegated, setting out the essential elements
presented in July 2006. In this regard it submitted a
of the action involving the expenditure.
further request for a Union financial contribution to an
( 3 ) OJ L 209, 11.8.2005, p. 1.
( 1 ) OJ L 169, 10.7.2000, p. 1.
( 4 ) OJ L 248, 16.9.2002, p. 1.
( 2 ) OJ L 354, 14.12.2006, p. 42.
( 5 ) OJ L 357, 31.12.2002, p. 1.

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L 335/108
EN
Official Journal of the European Union
17.12.2011
(9) The
present
Decision
constitutes
a
financing
decision
for
Article 2
the expenditure provided in the co-financing requests
presented by Member States.
Amount of Union financial contribution
The maximum supplementary Union financial contribution
referred to in Article 1 is EUR 3 986 138,36.
(10) The
measures
provided
in
this
Decision
are
in
accordance
with the opinion of the Standing Committee on Plant
Health,
Article 3
HAS ADOPTED THIS DECISION:
This Decision is addressed to the Portuguese Republic.
Article 1
Done at Brussels, 12 December 2011.
Principle
The allocation of a supplementary Union financial contribution
For the Commission
to cover expenditure incurred by Portugal in 2006 and 2007
relating to the creation of a clear cut belt and taken for the
John DALLI
purpose of combating pinewood nematode, is hereby approved.
Member of the Commission

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