http://www.legislation.gov.uk/id/eudn/2014/437

Commission Implementing Decision

of 4 July 2014

establishing the financial contribution from the Union for the expenditure incurred by Germany in 2012 and 2013 for the financing of the emergency measures to combat avian influenza

(notified under document C(2014) 4441)

(Only the German text is authentic)

(2014/437/EU)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Council Decision 2009/470/EC of 25 May 2009 on expenditure in the veterinary field1, and in particular Articles 3(4) and 4(1) thereof,

Whereas:

(1)

In accordance with Article 84 of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council2, the commitment of expenditure from the Union budget is to be preceded by a financing decision setting out the essential elements of the action involving expenditure and adopted by the institution or the authorities to which powers have been delegated by the institution.

(2)

Decision 2009/470/EC lays down the procedures governing the financial contribution from the Union towards specific veterinary measures, including emergency measures. Article 4(2) of that Decision lays down the conditions for obtaining Union's contribution for the eradication of avian influenza and Article 4(3) of that Decision lays down the percentage of the incurred costs of the emergency measures to be covered by the financial contribution from the Union.

(3)

Commission Regulation (EC) No 349/20053 lays down the rules for the payment of a financial contribution from the Union towards emergency measures to eradicate certain animal diseases, including avian influenza. Article 7 of that Regulation lays down the documents to be submitted by the Member State requesting the financial contribution and the deadlines for submitting these documents.

(4)

Commission Implementing Decision 2013/775/EU4 provides for a financial contribution from the Union in relation to the costs of emergency measures to combat avian influenza incurred by Germany in 2012 and 2013. According to Article 1(2) of that Implementing Decision the amount of the financial contribution of the Union is to be fixed in a subsequent decision. Article 2 of that Implementing Decision provides for the payment to Germany of the first tranche in the amount of EUR 500 000,0.

(5)

On 17 December 2013, Germany submitted an official request for reimbursement accompanied by a financial report, supporting documents, and an epidemiological report on each holding where the animals have been slaughtered and destroyed. The request for reimbursement for 2012 amounts to EUR 22 886,55. However, following the examination of submitted documents, the amount of EUR 705,00 was considered not eligible for reimbursement under the terms of Article 5 of Regulation (EC) No 349/2005.

(6)

On 28 January 2014, Germany submitted an official request for reimbursement accompanied by a financial report, supporting documents, and an epidemiological report on each holding where the animals have been slaughtered and destroyed. The request for reimbursement for 2013 amounts to EUR 1 030 738,92. However, following the examination of submitted documents, the amount of EUR 29 168,15 was considered not eligible for reimbursement under the terms of Article 5 of Regulation (EC) No 349/2005.

(7)

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 ADOPTED THIS DECISION: