Decision 2006/923

law://eu/dec/2006/923@2026-11-13

Contents

THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Directive 2000/29/EC of 8 May 2000 on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community^note, and in particular Article 23(6) thereof,Whereas:

(1)Pursuant to Directive 2000/29/EC, a financial contribution from the Community may be granted to Member States to cover expenditure relating directly to the necessary measures which have been taken or are planned to be taken for the purpose of combating harmful organisms introduced from third countries or from other areas in the Community, in order to eradicate or, if that is not possible, to contain them.

(2)By Commission Decisions 2001/811/EC^note, 2002/889/EC^note, 2003/787/EC^note and 2004/772/EC^note, a financial contribution from the Community was already granted to Portugal for measures aiming at the control of Bursaphelenchus xylophilus (Steiner et Buhrer) Nickle et al. (pinewood nematode), hereinafter ‘PWN’, in the years 1999-2003, that is for the maximum duration possible. Starting from 2003 a ‘mid-term eradication plan’ was implemented by Portugal to control the spread of PWN with the aim of eradicating it.

(3)However, Article 23(6) of Directive 2000/29/EC provides for the possibility to implement further action, if this is necessary to combat PWN.

(4)In April 2006, Portugal presented to the Standing Committee on Plant Health (hereinafter referred to as the Committee) an overview of the results of the survey and the control campaign conducted between 1 November 2005 and 1 April 2006 in the demarcated area for PWN in Portugal. The results showed that, despite the measures taken in the previous years, the area where PWN is present has enlarged considerably.

(5)The Commission and the Committee concluded that the mid-term eradication plan has to be revised by Portugal and that urgent action was required, including an intensified survey campaign and a redefinition of the demarcated area.

(6)In May 2006, Portugal presented to the Committee an action plan with measures to be envisaged for combating a further spread of PWN.^note These measures included an updated delimitation of the demarcated area, eradication of all declining trees in that area, continued monitoring and the creation of a barrier free from all host trees of the pinewood nematode vector, that is a ‘clear cut belt’, which should stop the spread of PWN to other Member States, safeguarding them from devastating losses for pine forests and possible trade restrictions from third countries. It defines in particular the parts of the territory where the clear cut belt will be situated. A final version of this action plan was approved by the Committee in July 2006.

(7)In July 2006, Portugal introduced a programme for further actions for PWN and a budget estimation referring to this programme in order to receive a financial contribution from the Community. The different parts of the Portuguese territory where the actions have to take place, which determine the geographical area benefiting from a financial contribution from the Community, are defined in the above mentioned action plan.

(8)The programme provided for by Portugal has enabled the Commission to analyse the situation accurately and comprehensively and to conclude that the conditions for the granting of a Community financial contribution, as laid down in Article 23(6) of the Directive have been met. That Community financial contribution should be granted for expenditure under that programme that improves the phytosanitary protection of the rest of the Community against a further spread of PWN from the demarcated area. That contribution should, consequently, be granted for all actions directly linked to the creation of a clear cut belt as an area free from PWN vector hosts.

(9)The Community financial contribution may, in general, cover no more than 50 % of eligible expenditure. However, where such further action, is essentially designed to protect Community territories other than that of the Member State concerned, that contribution may be larger. Given the great relevance of PWN for coniferous plants and wood, the rapidity with which the disease spreads, the proximity of another Member State to the infested zone and the possible impact on European forestry and international wood trade, that condition is fulfilled with respect to the measures relating to the creation of a clear cut belt, as provided for in the Portuguese action plan. Therefore, it is appropriate to allocate a Community financial contribution of 75 %.

(10)In accordance with Article 3(2)(a) of Council Regulation (EC) No 1290/2005 of 21 June 2005 on the financing of the common agricultural policy^note, plant-health measures are to be financed from the European Agricultural Guarantee Fund. For the purpose of financial control of these measures Articles 9, 36 and 37 of Regulation 1290/2005 shall apply.

(11)The actions linked to the creation of a clear-cut belt as an area free from PWN vector hosts should be in compliance with the applicable Community environmental legislation.

(12)The measures provided in this Decision are in accordance with the opinion of the Standing Committee on Plant Health,

HAS ADOPTED THIS DECISION:

Article 1Principle#

The allocation of a Community financial contribution for 2006 and 2007 to cover expenditure incurred by Portugal relating to further action, as specified in Article 23(6) of Directive 2000/29/EC, and taken for the purpose of combating Bursaphelenchus xylophilus (Steiner et Buhrer) Nickle et al. (pinewood nematode), which is laid down in Annex I, and taken in the framework of the action plan proposed by Portugal, is hereby approved.

Article 2Amount of Community financial contribution and eligible actions#

The total maximum Community financial contribution referred to in Article 1 is EUR 8417848,95.The eligible expenditure and the maximum Community financial contributions shall be set out in Annex I.

Article 3Advance payment#

An advance of EUR 2000000 shall be paid within 30 days from the date of adoption of this Decision.

Article 4Payment of the balance of the Community financial contribution#

The balance of the Community financial contributions as set out in Annex I shall be paid on the following conditions:

(a)it can be concluded from technical progress reports to be provided by Portugal to the Commission on 15 January and 15 April 2007 and from inspection missions carried out by the Food and Veterinary Office of the Commission that the measures referred to in Annex I have been implemented by Portugal by 31 March 2007 at the latest, in an appropriate way to meet the objectives referred to in Article 1; and

(b)an official request for payment has been submitted by Portugal to the Commission by 31 August 2007 at the latest, accompanied by a financial report and a final technical report as provided for in Article 5.

Article 5Supporting documents#

Evidence of the measures taken and the expenditure incurred shall be submitted by Portugal through:

(a)a final technical report showing the implementation of all actions referred to in Annex I and their respective date of completion;

(b)a financial report, presented in the format laid down in Annex II, showing the expenditure relating to the various measures for which a Community financial contribution is requested together with appropriate documentation, such as invoices or receipts.

Article 6Absence of overcompensation#

The expenditure incurred by Portugal for the measures laid down in Annex I shall not result in any overcompensation of the owners of the trees. The compensation shall be based on the value of the wood the owner would have been able to obtain immediately before the beginning of the actions in the clear cut belt.

Article 7Reduction in Community financial contribution#

1.If there is evidence that the measures laid down in Annex I have not been completed in an appropriate way by 31 March 2007 at the latest, the rate of Community financial contribution relating to the part of the eligible expenditure concerned by this late execution shall be reduced to a level specified in the following table:Number of days of delay starting from 1 April 2007 | Rate of Community financial contribution1-15 | 60 %16-30 | 50 %31-60 | 25 %61 or more | 0 %

2.Without prejudice to paragraph 1, failure to submit the request for payment and the accompanying reports provided for in Article 4(b) by 31 August 2007 at the latest, shall result in a 25 % reduction in the Community financial contribution per calendar month of delay.

Article 8Compliance with other Community policies#

Portugal shall ensure that the further action referred to in Article 1 is implemented in compliance with the applicable Community environmental legislation.

Article 9Addressee#

This Decision is addressed to the Portuguese Republic.

Annex I

Community financial contribution for 2006 and 2007 for the different actions of the programme presented by Portugal to control Bursaphelenchus xylophilus (Steiner et Buhrer) Nickle et al. (pinewood nematode)
Location	Measure	Eligible expenditure	Maximum Community financial contributions(at a co-financing rate of 75 %)
(in EUR)
Clear cut belt^note	Survey activities for PWN in belt area	156000	117000
Cutting and transport of all PWN vector host trees	4666666	3499999,5
Stripping of all PWN vector host trees	300000	225000
Disposal of tree strippings	700000	525000
Compensation for the value of the wood^note	4666666	3499999,5
Re-design of clear cut belt dedicated information system	200000	150000
Subtotal		10689332	8016999
Subtotal	Coordination activities^note	534466,6	400849,95
Grand total		11223798,60	8417848,95
Total maximum Community financial contribution	8417848,95

Annex II

Financial cost statement — pinewood nematode control programme portugal 2006-2007

Measure 1: Survey activities in the belt area
Short description of expenditure	Eligible expenditure VAT excl.	Community contribution	Supporting document references number	Unit	Unit price	Quantity	Amount VAT excl.	Remarks
Subtotal:	X,XX	X,XX					X,XX

Decision 2006/923

Decision 2006/923

Article 1Principle#

Article 2Amount of Community financial contribution and eligible actions#

Article 3Advance payment#

Article 4Payment of the balance of the Community financial contribution#

Article 5Supporting documents#

Article 6Absence of overcompensation#

Article 7Reduction in Community financial contribution#

Article 8Compliance with other Community policies#

Article 9Addressee#

Annex I

Annex II

Financial cost statement — pinewood nematode control programme portugal 2006-2007

Key facts

Connections

History · 2 versions

Article 1Principle#

Article 2Amount of Community financial contribution and eligible actions#

Article 3Advance payment#

Article 4Payment of the balance of the Community financial contribution#

Article 5Supporting documents#

Article 6Absence of overcompensation#

Article 7Reduction in Community financial contribution#

Article 8Compliance with other Community policies#

Article 9Addressee#

Annex I

Annex II

Financial cost statement — pinewood nematode control programme portugal 2006-2007