
Article 1 
The bluetongue vaccination campaign implemented by Spain in the zones listed in Annex I to Decision 2005/393/EC is approved.
Article 2 
In the context of the emergency measures taken to combat bluetongue in 2004 and 2005, Spain is entitled to a financial contribution from the Community:

1.. amounting to 50 % of the expenditure incurred in:

((a)) the swift and adequate compensation of livestock farmers forced to slaughter their animals as part of the measures to combat the outbreaks of bluetongue that occurred in 2004 and 2005, pursuant to Article 3(2), seventh indent of Decision 90/424/EEC and this Decision;
((b)) the destruction of infected animals, disinsectisation and the implementation of the vaccination programme, under the conditions provided for in, respectively, Article 3(2), first and third indents, and Article 3(4) and (5), second indent, of Decision 90/424/EEC and this Decision;
2.. amounting to 100 % of the cost of supply of vaccines, under the conditions provided for in Article 3(4) and (5), second indent, of Decision 90/424/EEC and this Decision.
Article 3 
The following definitions apply to this Decision:

((a)) ‘swift and adequate compensation’: payment, within 90 days of the slaughter of the animals, of compensation corresponding to the market value (the commercial price which the owner would normally have been able to obtain for the animal immediately before it became infected or was slaughtered, taking account of its fitness, quality and age) they had immediately prior to their infection, slaughter or destruction;
((b)) ‘reasonable payments’: means payments for the purchase of materials or services at proportionate prices compared to the market prices before the outbreak of bluetongue;
((c)) ‘justified payments’: payments made for the purchase of equipment or services in accordance with Article 3(2) of Decision 90/424/EEC, where their nature and direct link to the compulsory slaughter of animals on holdings have been demonstrated.
Article 4 

1. Subject to the results of the inspections referred to in Article 7, an initial instalment of EUR 2 500 000 shall be paid, as part of the Community financial contribution mentioned in Article 2, on the basis of supporting documents submitted by Spain relating to the swift and adequate compensation of owners for the compulsory slaughter of animals, the destruction of animals, disinsectisation of the holding and, where applicable, vaccination of animals.
2. The balance of the Community financial contribution mentioned in Article 2 shall be fixed in a subsequent decision to be adopted in accordance with the procedure established in Article 41 of Decision 90/424/EEC.
Article 5 

1. The financial contribution from the Community as referred to in Article 2 shall only be made in respect of justified and reasonable payments for the eligible costs as set out in Annex I.
2. Non-compliance by the Spanish authorities with the payment deadline referred to in Article 3(a) shall lead to a reduction in the eligible amounts, in accordance with the rules below:
— 25 % reduction for payments made between 91 and 105 days after slaughter of the animals,
— 50 % reduction for payments made between 106 and 120 days after slaughter of the animals,
— 75 % reduction for payments made between 121 and 135 days after slaughter of the animals,
— 100 % reduction for payments made later than 136 days after slaughter of the animals.However, the Commission may apply a different scale and/or lower reduction rates (or a zero reduction rate) if specific management conditions can be demonstrated for certain measures or if Spain provides a well grounded justification for the delay.
3. The financial contribution from the Community as referred to in Article 2 shall exclude:
(a) value added tax;
(b) remunerations of civil servants or public employees;
(c) the use of public equipment, except consumables;
(d) compensation for non-compulsory slaughter;
(e) compensation paid in addition to other Community support, such as slaughter premiums, in contravention of Community rules;
(f) compensation linked to the destruction or renovation of farm buildings, infrastructure costs and costs linked to financial losses or unemployment associated with the presence of the disease or a ban on restocking.
Article 6 

1. The financial contribution from the Community as referred to in Article 2 shall be paid on the basis of:
(a) an application submitted, in accordance with Annexes II, IIIa and IIIb, within the time-limit laid down in paragraph 2;
(b) the supporting documents referred to in Article 2, including an epidemiological report on each holding where animals have been slaughtered and destroyed, as well as a financial report;
(c) the results of any in situ inspections carried out by the Commission, as referred to in Article 7.The documents referred to in (b) shall be made available for on-the-spot audits by the Commission.
2. The application referred to in paragraph (1) (a) must be submitted in computerised form, in accordance with Annexes II, IIIa and IIIb, within sixty calendar days of the date of notification of this Decision. If this time-limit is not observed, the financial contribution from the Community shall be reduced by 25 % for every month of delay.
Article 7 
The Commission, in collaboration with the competent Spanish authorities, may conduct in situ inspections relating to the implementation of the measures referred to in Article 2 and the associated costs.
Article 8 
This Decision is addressed to the Kingdom of Spain.
Done at Brussels, 13 September 2005.
For the Commission
Markos KYPRIANOU
Member of the Commission
ANNEX I
1. 

((a)) salaries and remunerations of personnel specifically employed for the slaughtering operation;
((b)) consumables and specific equipment used for the slaughtering operation;
((c)) purchases of services or hire of means of transport to take animals to the slaughtering location.

2. 

((a)) rendering: purchases of services or hire of means of transport to take carcasses and/or eggs to the rendering plant, processing of carcasses and/or eggs at the rendering plant, consumables and specific equipment used for the destruction of eggs, and destruction of meal;
((b)) burial: personnel specifically employed, purchases of services or hire of means of transport and equipment for burying carcasses and/or eggs, and products used to disinfect the holding;
((c)) incineration, including on site: personnel specifically employed, fuel or other materials used, purchases of services or hire of means of transport for carcasses and/or eggs, and products used to disinfect the holding.

3. 

((a)) products used for disinsectisation;
((b)) salaries and remunerations of personnel specifically employed.

4. In connection with vaccination, eligible expenditure may cover the salaries and fees of personnel specifically recruited, consumables and specific equipment used for vaccination and, where applicable, the purchase by the Member State of the vaccines necessary for eradication of the disease where the Community is not in a position to supply them.

ANNEX II
Outbreak No Contact with outbreak No Identification No of holding Farmer Location of the holding Date of slaughter Method of destruction Weight at time of slaughter No of animals, by category Amount paid, by category Other costs paid to the owner (not including VAT) Total compensation (not including VAT) Date of payment
Surname First name Rendering plant Other (please specify) sheep goats other sheep goats other
ewes rams lambs nannygoats billygoats kids ewes rams lambs nannygoats billygoats kids
                          
ANNEX IIIa
Other costs incurred by holding No … (not including compensation for the value of the animals)
Heading Amount (not including VAT)
Slaughter 
Destruction (transport and processing) 
Disinsectisation (salaries and products) 
Total 
ANNEX IIIb
Costs incurred
Category of vaccines Number of doses Amount (not including VAT)
  
  
  
Salaries and fees (personnel specifically recruited) 
Consumables and vaccination-specific equipment 
Total 