SECTION 2

This Article shall apply in the event of the occurrence of one of the following diseases in the territory of a Member State: rinderpest cattle plague, sheep and goat plague, swine vesicular disease, bluetongue, Teschen disease, sheep pox or goat pox, Rift Valley fever, lumpy skin disease, African horse sickness, vesicular stomatitis, Venezuelan equine viral encephalomyelitis, haemorrhagic disease of deer, classical swine fever, African swine fever, contagious bovine pleuropneumonia, epizootic haematopoietic necrosis in fish (EHN), epizootic ulcerative syndrome in fish (EUS), infection with Bonamia exitiosa, infection with Perkinsus marinus, infection with Microcytos mackini, Taura syndrome in crustaceans, yellowhead disease in crustaceans. The Member State concerned shall obtain a Community financial contribution for the eradication of the disease, on condition that the measures applied immediately comprise at least the isolation of the holding from the time of suspicion and, following official confirmation of the disease: the slaughter of animals of susceptible species which are affected or contaminated or suspected of being affected or contaminated, and their destruction, the destruction of contaminated feedingstuffs and contaminated equipment, where the latter cannot be disinfected in accordance with the third indent, the cleaning, disinsectisation and disinfection of the holding and of the equipment on the holding, the establishment of protection zones, the imposition of suitable measures to prevent the risk of the spread of infection, the establishment of a waiting period to be observed after slaughter before re-stocking of the holding, swift and adequate compensation of the livestock farmers. The Member State concerned shall also qualify for a Community financial contribution where, on the outbreak of one of the diseases listed in paragraph 1, two or more Member States collaborate closely to control the epidemic, particularly in carrying out an epidemiological survey and disease surveillance measures. Without prejudice to the measures provided for under the common organisation of markets concerned, the specific Community financial contribution shall be decided on in accordance with the procedure referred to in Article 40(2). The Member State concerned shall, without delay, inform the Commission and the other Member States of the measures applied in accordance with Community legislation on notification and eradication and the results thereof. The situation shall be examined as soon as possible within the Committee referred to in Article 40(1) (hereinafter referred to as the Committee). The specific Community financial contribution shall be decided in accordance with the procedure referred to in Article 40(2), without prejudice to the measures provided for in the context of the common organisation of markets concerned. If, in view of the development of the situation in the Community, it proves necessary to continue the measures provided for in paragraph 2 and Article 4, a new decision concerning the Community financial contribution, which might exceed the figure of 50 % laid down in the first indent of paragraph 6, may be adopted in accordance with the procedure referred to in Article 40(2). When this decision is adopted, any measures which the Member State concerned must take in order to ensure the success of the action may be laid down, and in particular measures other than those provided for in paragraph 2 of this Article. Without prejudice to market support measures to be taken as part of the common organisation of markets, the Community financial contribution, divided if necessary into several tranches, shall be: 50 % of the costs incurred by the Member State in compensating owners for the slaughter and destruction of animals and, where appropriate, their products, for the cleaning, disinsectisation and disinfection of holdings and equipment and for the destruction of the contaminated feedingstuffs and contaminated equipment referred to in the second indent of paragraph 2, where vaccination has been decided upon in accordance with paragraph 5, 100 % of the cost of supply of the vaccine and 50 % of the costs incurred in carrying out that vaccination. This Article and Article 3(4) and (5) shall apply in the event of the occurrence of avian influenza in the territory of a Member State. The Member State concerned shall obtain a Community financial contribution for the eradication of avian influenza if the minimum control measures provided for in Council Directive 2005/94/EC of 20 December 2005 on Community measures for the control of avian influenza OJ L 10, 14.1.2006, p. 16. have been fully and efficiently implemented in compliance with relevant Community legislation and, in the case of killing of animals of susceptible species which are affected or contaminated or suspected of being affected or contaminated, livestock owners have been compensated swiftly and adequately. The Community financial contribution, divided if necessary into several tranches, shall be: 50 % of the costs incurred by the Member State in compensating livestock owners for the killing of poultry or other captive birds and the value of the eggs destroyed, 50 % of the costs incurred by the Member State for the destruction of animals, the destruction of animal products, the cleaning and disinfection of holdings and equipment, the destruction of the contaminated feedingstuffs and for the destruction of contaminated equipment, where such equipment cannot be disinfected, where emergency vaccination is decided upon in accordance with Article 54 of Directive 2005/94/EC, 100 % of the cost of supply of the vaccine and 50 % of the costs incurred in carrying out that vaccination. Member States may allocate funds within the operational programmes drawn up in accordance with Article 17 of Council Regulation (EC) No 1198/2006 of 27 July 2006 on the European Fisheries Fund OJ L 223, 15.8.2006, p. 1. for the eradication of the exotic diseases in aquaculture animals listed in Article 3(1) of this Decision, under the procedures laid down in Article 3(4), (5) and (6) of this Decision, provided that the minimum control and eradication measures laid down in Section 3 of Chapter V of Directive 2006/88/EC are complied with. Article 3 shall apply where the control of grave health risks for the Community is involved, which are caused by the diseases listed in Article 3(1), even if the territory where the disease occurs is subject to an eradication programme in accordance with Article 27. Article 3 shall apply in the event of the occurrence of Newcastle disease in the territory of a Member State. However, except where the Commission takes a decision in accordance with the procedure referred to in Article 40(2), authorising, on certain conditions and for a limited period and a limited area, recourse to vaccination, no Community financial contribution shall be granted for the supply of the vaccine or the carrying out of the vaccination. The provisions of Article 3, with the exception of the fourth indent of paragraph 2 and the second indent of paragraph 6, shall apply when a zoonosis listed in Directive 2003/99/EC of the European Parliament and of the Council of 17 November 2003 on the monitoring of zoonoses and zoonotic agents OJ L 325, 12.12.2003, p. 31. occurs, provided that this occurrence poses an immediate risk to human health. This condition shall be fulfilled when the decision provided for in Article 3(4) of this Decision is taken. In accordance with the procedure referred to in Article 40(2), the Commission, at the request of a Member State, shall add to the list in Article 3(1) an exotic disease for which a declaration is mandatory and which is likely to constitute a danger for the Community. In accordance with the procedure referred to in Article 40(2), the list in Article 3(1) may be supplemented in line with developments in the situation, to include diseases which must be notified in accordance with Council Directive 82/894/EEC of 21 December 1982 on the notification of animal diseases within the Community OJ L 378, 31.12.1982, p. 58. and diseases which can be transmitted to aquaculture animals. The list may also be amended or shortened to take account of progress made with the measures decided at Community level to control certain diseases. Article 3(2) may be supplemented or amended in accordance with the procedure referred to in Article 40(2), in particular to take account of the inclusion of new diseases in the list in Article 3(1), of experience acquired or of the adoption of Community provisions concerning disease control. Where a Member State is directly threatened by the occurrence or the development, in the territory of a third country or Member State, of one of the diseases referred to in Articles 3(1), 4(1), 6(1) and (2) or 14(1) or in Annex I, it shall inform the Commission and the other Member States of the measures which it intends to adopt for its protection. As soon as possible, the situation shall be examined within the Committee. In accordance with the procedure referred to in Article 40(2), it may be decided to adopt any measures appropriate to the situation including, in particular, the establishment of a vaccination buffer zone, and to grant a Community financial contribution towards the measures deemed particularly necessary for the success of the action undertaken. The decision referred to in paragraph 2 shall set out the eligible costs and the level of the Community financial contribution. The Community may decide, at the request of a Member State, that the Member States must establish stocks of biological products intended for the control of the diseases referred to in Articles 3(1), 4(1), 6(1) (vaccines, standardised virus serotypes, diagnostic sera) and, without prejudice to the decision provided for in Article 69(1) of Council Directive 2003/85/EC of 29 September 2003 on Community measures for the control of foot-and-mouth disease OJ L 306, 22.11.2003, p. 1. , Article 14(1) of this Decision. The action referred to in paragraph 1, and the rules for its implementation, particularly concerning the choice, production, storage, transport and use of such stocks, and the level of the Community financial contribution, shall be decided in accordance with the procedure referred to in Article 40(2). If the occurrence or the development in a third country of one of the diseases referred to in Articles 3(1), 4(1), 6(1), 7(1) or 14(1) may constitute a danger to the Community, the Community may give its support to control measures against that disease by supplying a vaccine or by financing the acquisition of vaccine. The action referred to in paragraph 1, the rules for its implementation, the conditions to which it may be subject and the level of the Community financial contribution shall be decided in accordance with the procedure referred to in Article 40(2). The Commission shall carry out, with the cooperation of the national competent authorities, on-the-spot checks to ensure, from a veterinary point of view, that the measures adopted have been applied. Member States shall take all necessary steps to facilitate the checks referred to in paragraph 1, and shall, in particular, ensure that the experts have access to all information and documents necessary for assessing whether the measures have been carried out. General rules for the application of this Article, particularly concerning the frequency and methods of carrying out the checks referred to in paragraph 1, the appointment of veterinary experts and the procedure which they must follow in drawing up their report, shall be adopted in accordance with the procedure referred to in Article 40(2). The appropriations required for measures referred to in this section shall be decided each year as part of the budgetary procedure. The Community financial contribution shall not be granted where the total amount of the measure is less than EUR 10000.

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Source: EUR-Lex (Cellar) · retrieved 2026-11-08 · Text as adopted (Official Journal); later amendments are not incorporated in this text.