Commission Implementing Regulation (EU) 2018/1506 of 10 October 2018 on exceptional market support measures for the eggs and poultrymeat sectors in Italy
Corrected by
Corrigendum to Commission Implementing Regulation (EU) 2018/1506 of 10 October 2018 on exceptional market support measures for the eggs and poultrymeat sectors in Italy, 32018R1506R(01), April 24, 2019
Commission Implementing Regulation (EU) 2018/1506of 10 October 2018on exceptional market support measures for the eggs and poultrymeat sectors in ItalyArticle 1The Union shall provide part-financing equivalent to 50 % of the expenditure borne by Italy to support the market of hatching eggs, consumption eggs and poultry meat seriously affected by the 43 outbreaks of highly pathogenic avian influenza of subtype H5 and H7 which were detected and notified by Italy between 30 April 2016 and 28 September 2017.Article 2Expenditure borne by Italy 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 Italian 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 Italian legislation listed in the Annex ("the regulated zones"); and(c)if it has been paid by Italy 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 31.The maximum level of Union part-financing shall be EUR 11,1 million, detailed as follows:(a)for the loss of production of poultry located in the regulated zone, the following flat rates shall apply:(i)EUR 0,11 per hatching egg falling within CN code 04071100, destructed, up to a maximum of 2320318 eggs,(ii)EUR 0,07895 per hatching egg falling within CN code 04071100 processed into egg products, up to a maximum of 2935380 eggs,(iii)EUR 0,057 per hatching egg falling within CN code 04071100 downgraded to pet food, up to a maximum of 190000 eggs,(iv)EUR 0,019 per cage egg falling within CN code 04071100 processed into egg products up to a maximum of 5788593 eggs,(v)EUR 0,02375 per barn egg falling within CN code 04071100 processed into egg products up to a maximum of 37903308 eggs,(vi)EUR 0,085 per week per female fattening turkey falling within the CN code 01059930 up to a maximum of 1342757 animals,(vii)EUR 0,129 per week per male fattening turkey falling within the CN code 01059930 up to a maximum of 2397112 animals,(viii)EUR 0,045 per week per Guinea fowl falling within the CN code 01059950 up to a maximum of 194548 animals,(ix)EUR 0,045 per week per broiler falling within the CN code 01059400 up to a maximum of 27626088 animals,(x)EUR 0,12385 per week per fattening duck falling within the CN code 01059910 up to a maximum of 41302 animals,(xi)EUR 0,085 per week per cage laying hen falling within the CN code 01059400 up to a maximum of 176000 animals,(xii)EUR 0,1065 per week per barn laying hen falling within the CN code 01059400 up to a maximum of 932625 animals,(xiii)EUR 0,04 per week per barn pullet falling within the CN code 01059400 up to a maximum of 414900 animals;(b)for losses related to longer rearing due to transfer ban in the regulated zones, the following flat rates shall apply per animal:(i)EUR 0,115 per week per standard pullet falling within the CN code 01059400 up to a maximum of 400553 animals,(ii)EUR 0,0995 per week per standard chicken falling within the CN code 01059400 up to a maximum of 754942 animals,(iii)EUR 0,0995 per week per Guinea fowl falling within the CN code 01059950 up to a maximum of 1277 animals,(iv)EUR 0,46 per week per standard turkey falling within the CN code 01059930 up to a maximum of 12662 animals,(v)EUR 8,46 per over-sized turkey falling within the CN code 01059930 up to a maximum of 12662 animals,(vi)EUR 0,2618 per week per fattening duck falling within the CN code 01059910 up to a maximum of 7700 animals;(c)for culling of poultry in the regulated zones, the following flat rates shall apply per animal:(i)EUR 0,5183 per female turkey falling within the CN code 01051200 up to a maximum of 144580 animals,(ii)EUR 1,03 per male turkey falling within the CN code 01051200 up to a maximum of 186080 animals,(iii)EUR 0,18375 per chicken falling within the CN code 01051119 up to a maximum of 37000 animals,(iv)EUR 0,20875 per rural chicken falling within the CN code 01051119 up to a maximum of 779519 animals;(d)for loss of production of breeders located in the regulated zones, the following flat rates shall apply per animal:(i)EUR 0,1815 per week per broiler falling within the CN code 01059400 up to a maximum of 853692 animals,(ii)EUR 1,2225 per week per turkey falling within the CN code 01059930 up to a maximum of 48050 animals.2.Where the number of animals or eggs eligible for compensation exceeds the maximum number of animals or eggs per item set in paragraph 1, expenditure eligible for Union part-financing may be adjusted per item and go beyond the amounts resulting from the application of the maximum numbers per item, provided that the total of adjustments remains below 10 % of the maximum level of expenditure part-financed by the Union referred to in paragraph 1.Article 4Italy 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 CouncilRegulation (EU) No 1306/2013 of the European Parliament and of the Council of 17 December 2013 on the financing, management and monitoring of the common agricultural policy and repealing Council Regulations (EEC) No 352/78, (EC) No 165/94, (EC) No 2799/98, (EC) No 814/2000, (EC) No 1290/2005 and (EC) No 485/2008 (OJ L 347, 20.12.2013, p. 549)..In particular, Italy 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 5Italy shall communicate to the Commission the clearance of payments.Article 6This 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.ANNEXRegulated zones and periods as referred to in Article 2Parts of Italy and periods established in accordance with Directive 2005/94/EC and defined in:Commission Implementing Decision (EU) 2016/697 of 4 May 2016 concerning certain protective measures in relation to highly pathogenic avian influenza of subtype H7N7 in Italy (OJ L 120, 5.5.2016, p. 35),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) 2017/263 of 14 February 2017 on risk mitigating and reinforced biosecurity measures and early detection systems in relation to the risks posed by wild birds for the transmission of highly pathogenic avian influenza viruses to poultry (OJ L 39, 16.2.2017, p. 6),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),Commission Implementing Decision (EU) 2017/696 of 11 April 2017 amending Implementing Decision (EU) 2017/247 on protective measures in relation to outbreaks of the highly pathogenic avian influenza in certain Member States (OJ L 101, 13.4.2017, p. 80),Commission Implementing Decision (EU) 2017/780 of 3 May 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 116, 5.5.2017, p. 30),Commission Implementing Decision (EU) 2017/977 of 8 June 2017 amending Implementing Decision (EU) 2017/247 on protective measures in relation to outbreaks of the highly pathogenic avian influenza in certain Member States (OJ L 146, 9.6.2017, p. 155),Commission Implementing Decision (EU) 2017/1397 of 27 July 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 197, 28.7.2017, p. 13),Commission Implementing Decision (EU) 2017/1415 of 3 August 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 203, 4.8.2017, p. 9),Commission Implementing Decision (EU) 2017/1484 of 17 August 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 214, 18.8.2017, p. 28),Commission Implementing Decision (EU) 2017/1519 of 1 September 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 228, 2.9.2017, p. 1),Commission Implementing Decision (EU) 2017/1593 of 20 September 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 243, 21.9.2017, p. 14),Health Ministry Orders declaring an infection following outbreaks of highly pathogenic avian influenza confirmed between 30 April 2016 and 28 September 2017.
Article 1The Union shall provide part-financing equivalent to 50 % of the expenditure borne by Italy to support the market of hatching eggs, consumption eggs and poultry meat seriously affected by the 43 outbreaks of highly pathogenic avian influenza of subtype H5 and H7 which were detected and notified by Italy between 30 April 2016 and 28 September 2017.Article 2Expenditure borne by Italy 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 Italian 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 Italian legislation listed in the Annex ("the regulated zones"); and(c)if it has been paid by Italy 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 31.The maximum level of Union part-financing shall be EUR 11,1 million, detailed as follows:(a)for the loss of production of poultry located in the regulated zone, the following flat rates shall apply:(i)EUR 0,11 per hatching egg falling within CN code 04071100, destructed, up to a maximum of 2320318 eggs,(ii)EUR 0,07895 per hatching egg falling within CN code 04071100 processed into egg products, up to a maximum of 2935380 eggs,(iii)EUR 0,057 per hatching egg falling within CN code 04071100 downgraded to pet food, up to a maximum of 190000 eggs,(iv)EUR 0,019 per cage egg falling within CN code 04071100 processed into egg products up to a maximum of 5788593 eggs,(v)EUR 0,02375 per barn egg falling within CN code 04071100 processed into egg products up to a maximum of 37903308 eggs,(vi)EUR 0,085 per week per female fattening turkey falling within the CN code 01059930 up to a maximum of 1342757 animals,(vii)EUR 0,129 per week per male fattening turkey falling within the CN code 01059930 up to a maximum of 2397112 animals,(viii)EUR 0,045 per week per Guinea fowl falling within the CN code 01059950 up to a maximum of 194548 animals,(ix)EUR 0,045 per week per broiler falling within the CN code 01059400 up to a maximum of 27626088 animals,(x)EUR 0,12385 per week per fattening duck falling within the CN code 01059910 up to a maximum of 41302 animals,(xi)EUR 0,085 per week per cage laying hen falling within the CN code 01059400 up to a maximum of 176000 animals,(xii)EUR 0,1065 per week per barn laying hen falling within the CN code 01059400 up to a maximum of 932625 animals,(xiii)EUR 0,04 per week per barn pullet falling within the CN code 01059400 up to a maximum of 414900 animals;(b)for losses related to longer rearing due to transfer ban in the regulated zones, the following flat rates shall apply per animal:(i)EUR 0,115 per week per standard pullet falling within the CN code 01059400 up to a maximum of 400553 animals,(ii)EUR 0,0995 per week per standard chicken falling within the CN code 01059400 up to a maximum of 754942 animals,(iii)EUR 0,0995 per week per Guinea fowl falling within the CN code 01059950 up to a maximum of 1277 animals,(iv)EUR 0,46 per week per standard turkey falling within the CN code 01059930 up to a maximum of 12662 animals,(v)EUR 8,46 per over-sized turkey falling within the CN code 01059930 up to a maximum of 12662 animals,(vi)EUR 0,2618 per week per fattening duck falling within the CN code 01059910 up to a maximum of 7700 animals;(c)for culling of poultry in the regulated zones, the following flat rates shall apply per animal:(i)EUR 0,5183 per female turkey falling within the CN code 01051200 up to a maximum of 144580 animals,(ii)EUR 1,03 per male turkey falling within the CN code 01051200 up to a maximum of 186080 animals,(iii)EUR 0,18375 per chicken falling within the CN code 01051119 up to a maximum of 37000 animals,(iv)EUR 0,20875 per rural chicken falling within the CN code 01051119 up to a maximum of 779519 animals;(d)for loss of production of breeders located in the regulated zones, the following flat rates shall apply per animal:(i)EUR 0,1815 per week per broiler falling within the CN code 01059400 up to a maximum of 853692 animals,(ii)EUR 1,2225 per week per turkey falling within the CN code 01059930 up to a maximum of 48050 animals.2.Where the number of animals or eggs eligible for compensation exceeds the maximum number of animals or eggs per item set in paragraph 1, expenditure eligible for Union part-financing may be adjusted per item and go beyond the amounts resulting from the application of the maximum numbers per item, provided that the total of adjustments remains below 10 % of the maximum level of expenditure part-financed by the Union referred to in paragraph 1.Article 4Italy 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 CouncilRegulation (EU) No 1306/2013 of the European Parliament and of the Council of 17 December 2013 on the financing, management and monitoring of the common agricultural policy and repealing Council Regulations (EEC) No 352/78, (EC) No 165/94, (EC) No 2799/98, (EC) No 814/2000, (EC) No 1290/2005 and (EC) No 485/2008 (OJ L 347, 20.12.2013, p. 549)..In particular, Italy 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 5Italy shall communicate to the Commission the clearance of payments.Article 6This 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.ANNEXRegulated zones and periods as referred to in Article 2Parts of Italy and periods established in accordance with Directive 2005/94/EC and defined in:Commission Implementing Decision (EU) 2016/697 of 4 May 2016 concerning certain protective measures in relation to highly pathogenic avian influenza of subtype H7N7 in Italy (OJ L 120, 5.5.2016, p. 35),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) 2017/263 of 14 February 2017 on risk mitigating and reinforced biosecurity measures and early detection systems in relation to the risks posed by wild birds for the transmission of highly pathogenic avian influenza viruses to poultry (OJ L 39, 16.2.2017, p. 6),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),Commission Implementing Decision (EU) 2017/696 of 11 April 2017 amending Implementing Decision (EU) 2017/247 on protective measures in relation to outbreaks of the highly pathogenic avian influenza in certain Member States (OJ L 101, 13.4.2017, p. 80),Commission Implementing Decision (EU) 2017/780 of 3 May 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 116, 5.5.2017, p. 30),Commission Implementing Decision (EU) 2017/977 of 8 June 2017 amending Implementing Decision (EU) 2017/247 on protective measures in relation to outbreaks of the highly pathogenic avian influenza in certain Member States (OJ L 146, 9.6.2017, p. 155),Commission Implementing Decision (EU) 2017/1397 of 27 July 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 197, 28.7.2017, p. 13),Commission Implementing Decision (EU) 2017/1415 of 3 August 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 203, 4.8.2017, p. 9),Commission Implementing Decision (EU) 2017/1484 of 17 August 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 214, 18.8.2017, p. 28),Commission Implementing Decision (EU) 2017/1519 of 1 September 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 228, 2.9.2017, p. 1),Commission Implementing Decision (EU) 2017/1593 of 20 September 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 243, 21.9.2017, p. 14),Health Ministry Orders declaring an infection following outbreaks of highly pathogenic avian influenza confirmed between 30 April 2016 and 28 September 2017.