EUR-Lex - 31977D0097 - EN

ARTICLE 1

1 . WHERE AN OUTBREAK OF CATTLE PLAGUE , EXOTIC FOOT AND MOUTH DISEASE , CONTAGIOUS PLEURO-PNEUMONIA , AFRICAN SWINE FEVER , BLUE TONGUE DISEASE OR CONTAGIOUS VESICULATE STOMATITIS OCCURS IN THE TERRITORY OF A MEMBER STATE , SUCH STATE MAY RECEIVE FINANCIAL ASSISTANCE FROM THE COMMUNITY FOR THE PURPOSE OF ERADICATING THE DISEASE , PROVIDED THAT THE MEASURES WHICH ARE APPLIED FORTHWITH INCLUDE THE ISOLATION OF THE FARM IN QUESTION FROM THE MOMENT WHEN AN OUTBREAK IS SUSPECTED AND , AS SOON AS THE DISEASE IS OFFICIALLY CONFIRMED :

• THE SLAUGHTER AND DESTRUCTION OF ANIMALS OF SUSCEPTIBLE SPECIES WHICH ARE AFFLICTED OR INFECTED OR SUSPECTED OF BEING SO ,

• THE DESTRUCTION OF CONTAMINATED FEEDINGSTUFFS ,

• THE DISINFECTION OF THE FARM ,

• THE ESTABLISHMENT OF BUFFER ZONES ,

• THE APPLICATION OF MEASURES TO PREVENT THE SPREAD OF INFECTION ,

• THE FIXING OF A MINIMUM PERIOD DURING WHICH THE FARM MAY NOT BE RESTOCKED FOLLOWING SLAUGHTER .

THE MEMBER STATE CONCERNED SHALL FORTHWITH INFORM THE COMMISSION AND THE OTHER MEMBER STATES OF THE MEASURES APPLIED AND THE RESULTS OBTAINED . THE STANDING VETERINARY COMMITTEE ( HEREINAFTER REFERRED TO AS " THE COMMITTEE " ) SET UP BY THE COUNCIL DECISION OF 15 OCTOBER 1968 ( 3 ) SHALL MEET AS SOON AS POSSIBLE TO EXAMINE THE SITUATION . THE DECISION TO GRANT COMMUNITY FINANCIAL ASSISTANCE SHALL BE TAKEN IN ACCORDANCE WITH THE PROCEDURE LAID DOWN IN ARTICLE 5 .

2 . IF , IN THE LIGHT OF THE DEVELOPMENT OF THE SITUATION IN THE COMMUNITY , IT SHOULD PROVE ADVISABLE TO CONTINUE THE ACTION PROVIDED FOR IN THE SECOND SUBPARAGRAPH OF PARAGRAPH 1 , A FURTHER DECISION SHALL BE TAKEN IN ACCORDANCE WITH THE SAME PROCEDURE . THIS DECISION MAY BE MADE CONDITIONAL UPON THE ADAPTATION OF THE MEASURES ADOPTED BY THE MEMBER STATE PURSUANT TO PARAGRAPH 1 , OR THE APPLICATION OF SUCH MEASURES OTHER THAN THOSE SPECIFIED ABOVE , AS MAY BE CONSIDERED NECESSARY FOR THE ACHIEVEMENT OF THE AIM IN VIEW .

3 . THE COMMUNITY'S FINANCIAL CONTRIBUTION , WHICH MAY BE DIVIDED INTO SEVERAL INSTALMENTS , MAY COVER :

• UP TO 50 % OF THE EXPENSES INCURRED BY THE MEMBER STATE IN COMPENSATING OWNERS FOR THE SLAUGHTER AND DESTRUCTION OF THE ANIMALS , AND THE DISINFECTING OF THE FARM ,

• WHERE VACCINATION HAS BEEN ORDERED IN ACCORDANCE WITH PARAGRAPH 2 , 100 % OF THE COST OF THE VACCINE AND UP 50 % OF THE EXPENSES INCURRED IN CARRYING OUT VACCINATION .

THE CONTRIBUTION SHALL BE CALCULATED ON THE BASIS OF DOCUMENTARY EVIDENCE SUBMITTED BY THE MEMBER STATE CONCERNED .

4 . THE LIST OF DISEASES SET OUT IN PARAGRAPH 1 MAY , FOR THE PURPOSES OF THIS DECISION , BE ALTERED BY THE COUNCIL ON A PROPOSAL FROM THE COMMISSION . THIS LIST MAY ONLY EXTEND TO DISEASES WHICH ARE EXOTIC FOR THE COMMUNITY .

ARTICLE 2

1 . IF A MEMBER STATE IS DIRECTLY THREATENED BY AN OUTBREAK IN THE TERRITORY OF AN ADJACENT THIRD COUNTRY OR MEMBER STATE OF ONE OF THE CONTAGIOUS DISEASES REFERRED TO IN ARTICLE 1 ( 1 ) , SUCH MEMBER STATE MAY , IF IT CONSIDERS SPECIAL MEASURES NECESSARY FOR ITS PROTECTION , IN PARTICULAR THE CREATION OF A BUFFER ZONE OF VACCINATED ANIMALS , OBTAIN FINANCIAL ASSISTANCE FROM THE COMMUNITY ON CONDITION THAT THE CREATION OF THIS ZONE HAS BEEN APPROVED IN ACCORDANCE WITH THE PROCEDURE LAID DOWN IN ARTICLE 5 .

2 . THE MEMBER STATE CONCERNED SHALL TO THIS END INFORM THE COMMISSION AND THE OTHER MEMBER STATES OF ITS INTENTIONS WITHOUT DELAY . THE COMMITTEE SHALL MEET AS SOON AS POSSIBLE TO EXAMINE THE SITUATION .

THE DECISION TO GRANT COMMUNITY FINANCIAL ASSISTANCE , WHICH MAY RELATE ONLY TO THE COST OF PURCHASING VACCINE AND OF CARRYING OUT VACCINATION , SHALL BE TAKEN IN ACCORDANCE WITH THE PROCEDURE LAID DOWN IN ARTICLE 5 . THE GRANT OF SUCH ASSISTANCE MAY BE MADE CONDITIONAL ON THE APPLICATION OF SUCH SPECIAL MEASURES AS MAY BE CONSIDERED NECESSARY FOR THE ACHIEVEMENT OF THE AIM IN VIEW .

3 . THE COMMUNITY'S FINANCIAL CONTRIBUTION , WHICH MAY BE SPLIT UP INTO SEVERAL INSTALMENTS , MAY COVER UP TO 100 % OF THE COST OF THE VACCINE AND UP TO 50 % OF THE COST OF CARRYING OUT VACCINATION .

ARTICLE 3

THE COMMUNITY MAY DECIDE TO BUILD UP STOCKS OF BIOLOGICAL PRODUCTS ( VACCINES , APPROPRIATE VIRUS STRAINS , DIAGNOSIS SERUMS ) TO COMBAT THE CONTAGIOUS DISEASES REFERRED TO IN ARTICLE 1 ( 1 ) .

SUCH ACTION AND THE RELEVANT IMPLEMENTING RULES , PARTICULARLY AS REGARDS THE CHOICE , PRODUCTION , TRANSPORT AND USE OF SUCH STOCKS , SHALL BE DETERMINED IN ACCORDANCE WITH THE PROCEDURE LAID DOWN IN ARTICLE 5 .

ARTICLE 4

1 . IF THE OUTBREAK IN A THIRD COUNTRY OF A CONTAGIOUS DISEASE AS REFERRED TO IN ARTICLE 1 ( 1 ) IS LIKELY TO PRESENT A DANGER TO THE COMMUNITY , IT MAY HELP COMBAT THE DISEASE BY SUPPLYING VACCINE OR BY FINANCING THE PURCHASE THEREOF .

2 . SUCH COMMUNITY INTERVENTION , THE IMPLEMENTING RULES AND THE CONDITIONS TO WHICH IT MAY BE MADE SUBJECT SHALL BE DETERMINED IN ACCORDANCE WITH PROCEDURE LAID DOWN IN ARTICLE 5 .

3 . SUCH FINANCIAL CONTRIBUTION BY THE COMMUNITY MAY NOT EXCEED 25 % OF THE APPROPRIATIONS SHOWN IN THE BUEGET IN ANY GIVEN YEAR FOR ALL THE MEASURES PROVIDED FOR IN THIS DECISION .

ARTICLE 5

1 . WHERE THE PROCEDURE LAID DOWN IN THIS ARTICLE IS TO BE FOLLOWED , MATTERS SHALL BE REFERRED TO THE COMMITTEE BY THE CHAIRMAN , EITHER ON HIS OWN INITIATIVE OR AT THE REQUEST OF A MEMBER STATE .

2 . WITHIN THE COMMITTEE , THE VOTES OF THE MEMBER STATES SHALL BE WEIGHTED AS PROVIDED IN ARTICLE 148 ( 2 ) OF THE TREATY . THE CHAIRMAN SHALL NOT VOTE .

3 . THE REPRESENTATIVE OF THE COMMISSION SHALL SUBMIT A DRAFT OF THE MEASURES TO BE ADOPTED . THE COMMITTEE SHALL DELIVER ITS OPINION ON SUCH MEASURES WITHIN TWO DAYS . OPINIONS SHALL BE DELIVERED BY A MAJORITY OF 41 VOTES .

THE COMMISSION SHALL ADOPT THE MEASURES AND PUT THEM IMMEDIATELY INTO EFFECT WHERE THEY ARE IN ACCORDANCE WITH THE OPINION OF THE COMMITTEE . WHERE THE MEASURES ARE NOT IN ACCORDANCE WITH THE OPINION OF THE COMMITTEE , OR IF NO OPINION IS DELIVERED , THE COMMISSION SHALL WITHOUT DELAY PROPOSE TO THE COUNCIL THE MEASURES TO BE ADOPTED . THE COUNCIL SHALL ACT BY A QUALIFIED MAJORITY .

IF , WITHIN 15 DAYS OF THE PROPOSAL BEING SUBMITTED TO IT , THE COUNCIL HAS NOT ADOPTED ANY MEASURES , THE COMMISSION SHALL ADOPT THE PROPOSED MEASURES AND PUT THEM INMEDIATELY INTO EFFECT , UNLESS THE COUNCIL HAS DECIDED BY A SIMPLE MAJORITY AGAINST THE SAID MEASURES .

ARTICLE 6

AN AMOUNT OF 2 500 000 UNITS OF ACCOUNT SHALL BE ALLOCATED IN 1977 FOR THE FINANCING OF ACTIONS RESULTING FROM THIS DECISION . THE APPROPRIATIONS REQUIRED FOR THE IMPLEMENTATION OF THE MEASURES PROVIDED FOR IN THIS DECISION SHALL BE FIXED EACH YEAR AS PART OF THE BUDGET .

ARTICLE 7

ARTICLE 5 SHALL APPLY UNTIL 22 JUNE 1981 .

ARTICLE 8

THE COUNCIL SHALL , IN THE LIGHT OF EXPERIENCE GAINED , EXAMINE THE AMENDMENTS TO BE MADE TO THIS DECISION ON THE BASIS OF THE REPORT TO BE SUBMITTED TO IT BY THE COMMISSION BEFORE 31 DECEMBER 1980 .

ARTICLE 9

THIS DECISION IS ADDRESSED TO THE MEMBER STATES .

DONE AT BRUSSELS , 21 DECEMBER 1976 .

FOR THE COUNCIL

THE PRESIDENT

A . P . L . M . M . VAN DER STEE

( 1 ) OJ NO C 5 , 8 . 1 . 1975 , P . 19 .

( 2 ) OJ NO C 47 , 27 . 2 . 1975 , P . 34 .

( 3 ) OJ NO L 255 , 18 . 10 . 1968 , P . 23 .