{
  "url": "https://openlegislation.uk/eu-decision-2009-581/introduction",
  "json_url": "https://openlegislation.uk/eu-decision-2009-581/introduction.json",
  "legislation": "eudn/2009/581",
  "legislation_title": "Commission Decision of 29 July 2009 on a financial contribution from the Community towards emergency measures to combat avian influenza in Cloppenburg, Germany in December 2008 and January 2009 (notified under document number C(2009) 5869) (Only the German text is authentic) (2009/581/EC)",
  "legislation_url": "https://openlegislation.uk/eu-decision-2009-581",
  "path": "introduction",
  "kind": "introduction",
  "number": null,
  "heading": "Introductory text",
  "text": "Commission Decision\nof 29 July 2009\non a financial contribution from the Community towards emergency measures to combat avian influenza in Cloppenburg, Germany in December 2008 and January 2009\n(notified under document number C(2009) 5869)\n(Only the German text is authentic)\n(2009/581/EC)\nTHE COMMISSION OF THE EUROPEAN COMMUNITIES,\nHaving regard to the Treaty establishing the European Community,\nHaving regard to Council Decision 90/424/EEC of 26 June 1990 on expenditure in the veterinary field, and in particular Articles 3(3) and 3a(1) thereof,\nWhereas:\n(1)\nAvian influenza is an infectious viral disease of poultry and other captive birds with a severe impact on the profitability of poultry farming causing disturbance to intra-Community trade and export to third countries.\n(2)\nIn the event of an outbreak of avian influenza, there is a risk that the disease agent might spread to other poultry holdings within that Member State, but also to other Member States and to third countries through trade in live poultry or their products.\n(3)\nCouncil Directive 2005/94/EC of 20 December 2005 on Community measures for the control of avian influenza sets out measures which in the event of an outbreak have to be immediately implemented by Member States as a matter of urgency to prevent further spread of the virus.\n(4)\nDecision 90/424/EEC lays down the procedures governing the Community’s financial contribution towards specific veterinary measures, including emergency measures. Pursuant to Article 3a of that Decision, Member States shall obtain a financial contribution towards the costs of certain measures to eradicate avian influenza.\n(5)\nArticle 3a(3), first and second indents of Decision 90/424/EEC lays down rules on the percentage of the costs incurred by the Member State that may be covered by the Community’s financial contribution.\n(6)\nThe payment of a Community financial contribution towards emergency measures to eradicate avian influenza is subject to the rules laid down in Commission Regulation (EC) No 349/2005 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.\n(7)\nOutbreaks of avian influenza occurred in Cloppenburg, Germany in December 2008 and January 2009. Germany took measures, in accordance with Directive 2005/94/EC to combat those outbreaks.\n(8)\nGermany has fully complied with its technical and administrative obligations as set out in Article 3(3) of Decision 90/424/EEC and Article 6 of Regulation (EC) No 349/2005.\n(9)\nOn 5 February 2009 and 6 March 2009, Germany submitted an estimate of the costs incurred in taking measures to eradicate avian influenza.\n(10)\nThe measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,\nHAS ADOPTED THIS DECISION:",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "OJ L 224, 18.8.1990, p. 19."
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "OJ L 10, 14.1.2006, p. 16."
    },
    {
      "type": "footnote",
      "label": "f3",
      "text": "OJ L 55, 1.3.2005, p. 12."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/eudn/2009/581/introduction",
    "retrieved_at": "2026-11-01T15:16:25.842214+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}