Introductory text

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Decision 90/424/EEC of 26 June 1990 on expenditure in the veterinary field^f1, and in particular Article 3(3) and Article 5(3) thereof,

Whereas:

An outbreak of classical swine fever occurred in Luxembourg in 2003. The emergence of this disease represents a serious risk to the Community's livestock population.

With a view to helping to eradicate the disease as rapidly as possible, the Community may contribute financially to eligible costs incurred by the Member State, as provided for in Decision 90/424/EEC.

Pursuant to Article 3(2) of Council Regulation (EC) No 1258/1999 of 17 May 1999 on the financing of the common agricultural policy^f2, veterinary and plant health measures undertaken in accordance with Community rules shall be financed under the Guarantee section of the European Agricultural Guidance and Guarantee Fund. The auditing of these measures comes under Articles 8 and 9 of the said Regulation.

The payment of the Community financial contribution must be subject to the condition that the planned activities were actually implemented and the authorities provide all the necessary information within certain deadlines.

On 12 March 2004, Luxembourg submitted an official request for reimbursement for all the expenditure incurred on its territory. According to this request 1 351 animals were culled.

The terms ‘swift and adequate compensation of the livestock farmers’ used in Article 3 of Decision 90/424/EEC, ‘reasonable payments’ and ‘justified payments’ and the categories of eligible expenditure under ‘other costs’ associated with the compulsory culling should all be defined.

The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,

HAS DECIDED AS FOLLOWS: