
Article 1 
The Union shall provide part-financing equivalent to 50 % of the expenditure borne by Poland to support the market of eggs and poultrymeat seriously affected by the 65 outbreaks of highly pathogenic avian influenza of subtype H5 which were detected and notified by Poland between 3 December 2016 and 16 March 2017.
Article 2 
Expenditure borne by Poland shall be eligible for Union part-financing only:

((a)) for the duration of the application of animal health and veterinary measures referred to in Union and Polish legislation listed in the Annex and related to the period laid down in Article 1; and
((b)) for those poultry holdings that have been subject to the animal health and veterinary measures and located in the zones referred to in Union and Polish legislation listed in the Annex (‘the regulated zones’); and
((c)) if it has been paid by Poland to the beneficiaries by 30 September 2019 at the latest. Article 5(2) of Delegated Regulation (EU) No 907/2014 shall not apply; and
((d)) if the animal or product, for the period referred to in point (a), has not benefitted from any compensation by means of state aid or insurance and for which no Union financial contribution has been received under Regulation (EU) No 652/2014.
Article 3 
The maximum level of Union part-financing shall be EUR 1,411 million, for the loss of production of poultry located in the regulated zones. The following flat rates shall apply:

((a)) EUR 0,0059 per day per laying hen falling within CN code 0105 94 00 up to a maximum of 186 598 animals;
((b)) EUR 0,0085 per day per broiler chicken falling within the CN code 0105 94 00, up to a maximum of 474 567 animals;
((c)) EUR 0,01075 per day per fattening duck falling within the CN code 0105 99 10; up to a maximum of 246 131 animals;
((d)) EUR 0,0126 per day per fattening goose falling within the CN code 0105 99 20, up to a maximum of 4 622 animals;
((e)) EUR 0,1757 per day per breeding goose falling within the CN code 0105 99 20 up to a maximum of 55 307 animals;
((f)) EUR 0,0333 per day per turkey falling within the CN code 0105 99 30, and up to a maximum of 485 343 animals.
Article 4 
Poland shall carry out administrative and physical checks in accordance with Articles 58 and 59 of Regulation (EU) No 1306/2013 of the European Parliament and of the Council.
In particular, Poland shall verify:

((a)) the eligibility of the applicant submitting the request for support;
((b)) for each eligible applicant: the eligibility, the quantity and the value of the actual loss of production;
((c)) that funding has not been received by any eligible applicant from any other sources to compensate the losses referred to in Article 2 of this Regulation.
For eligible applicants for which administrative checks are completed, aid can be paid without waiting for all checks being made, notably those on applicants selected for on-the-spot checks.
In cases where the eligibility of an applicant was not confirmed, the aid shall be recovered and sanctions applied.
Article 5 
For the purposes of Article 29(4) of Delegated Regulation (EU) No 907/2014, the operative event for the exchange rate as regards the amounts set out in Article 3 of this Regulation shall be the entry into force of this Regulation.
Article 6 
Poland shall communicate to the Commission the clearance of payments.
Article 7 
This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.Done at Brussels, 10 October 2018.
For the Commission
The President
Jean-Claude JUNCKER
ANNEX

Parts of Poland and periods established in accordance with Directive 2005/94/EC and defined in:

— Commission Implementing Decision (EU) 2016/2219 of 8 December 2016 amending the Annex to Implementing Decision (EU) 2016/2122 on protective measures in relation to outbreaks of the highly pathogenic avian influenza of subtype H5N8 in certain Member States (OJ L 334, 9.12.2016, p. 52).
— Commission Implementing Decision (EU) 2016/2367 of 21 December 2016 amending the Annex to Implementing Decision (EU) 2016/2122 on protective measures in relation to outbreaks of the highly pathogenic avian influenza of subtype H5N8 in certain Member States (OJ L 350, 22.12.2016, p. 42).
— Commission Implementing Decision (EU) 2017/14 of 5 January 2017 amending the Annex to Implementing Decision (EU) 2016/2122 on protective measures in relation to outbreaks of the highly pathogenic avian influenza of subtype H5N8 in certain Member States (OJ L 4, 7.1.2017, p. 10).
— Commission Implementing Decision (EU) 2017/116 of 20 January 2017 amending the Annex to Implementing Decision (EU) 2016/2122 on protective measures in relation to outbreaks of the highly pathogenic avian influenza of subtype H5N8 in certain Member States (OJ L 18, 24.1.2017, p. 53).
— Commission Implementing Decision (EU) 2017/155 of 26 January 2017 amending the Annex to Implementing Decision (EU) 2016/2122 on protective measures in relation to outbreaks of the highly pathogenic avian influenza of subtype H5N8 in certain Member States (OJ L 23, 28.1.2017, p. 25).
— Commission Implementing Decision (EU) 2017/247 of 9 February 2017 on protective measures in relation to outbreaks of highly pathogenic avian influenza in certain Member States (OJ L 36, 11.2.2017, p. 62).
— Commission Implementing Decision (EU) 2017/417 of 7 March 2017 amending the Annex to Implementing Decision (EU) 2017/247 on protective measures in relation to outbreaks of the highly pathogenic avian influenza in certain Member States (OJ L 63, 9.3.2017, p. 177).
— Commission Implementing Decision (EU) 2017/554 of 23 March 2017 amending the Annex to Implementing Decision (EU) 2017/247 on protective measures in relation to outbreaks of the highly pathogenic avian influenza in certain Member States (OJ L 79, 24.3.2017, p. 15).
— National law declaring an infection following outbreaks of highly pathogenic avian influenza confirmed between 3 December 2016 and 16 March 2017.
— National law withdrawing declaration of infection following outbreaks of highly pathogenic avian influenza confirmed between 3 December 2016 and 16 March 2017.
