Commission Implementing Regulation (EU) 2019/1323 of 2 August 2019 on exceptional market support measures for the eggs and poultrymeat sectors in Italy
Modified by
  • Commission Implementing Regulation (EU) 2020/1206of 19 August 2020amending Implementing Regulation (EU) 2019/1323 on exceptional market support measures for the eggs and poultrymeat sectors in Italy, 32020R1206, August 20, 2020
Commission Implementing Regulation (EU) 2019/1323of 2 August 2019on exceptional market support measures for the eggs and poultrymeat sectors in Italy
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 45 outbreaks of highly pathogenic avian influenza of subtype H5 which were detected and notified by Italy between 1 October 2017 and 30 June 2018 and outbreaks notified by Italy between 20 July 2017 and 28 September 2017 which resulted in the compulsory closure of holdings beyond 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 2020 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 amount of Union part-financing shall be EUR 32147498, detailed as follows:(a)for the loss of production of poultry located in the regulated zone, the following flat rates shall apply:(i)EUR 0,1050 per hatching egg falling within the CN code 04071100, destructed, up to a maximum of 406355 eggs,(ii)EUR 0,07 per hatching egg falling within the CN code 04071100, processed into egg products, up to a maximum of 18211121 eggs,(iii)EUR 0,0167 per egg falling within the CN code 04071100, processed into egg products up to a maximum of 28730220 eggs,(iv)EUR 0,064 per week per broiler falling within the CN code 01059400 up to a maximum of 50390617 animals,(v)EUR 0,13 per week per cage laying hen falling within the CN code 01059400 up to a maximum of 391246 animals,(vi)EUR 0,17 per week per barn laying hen falling within the CN code 01059400 up to a maximum of 1933867 animals,(vii)EUR 0,045 per week per cage pullet falling within the CN code 01059400 up to a maximum of 185900 animals,(viii)EUR 0,055 per week per barn pullet falling within the CN code 01059400 up to a maximum of 265136 animals,(ix)EUR 0,194 per week per fattening duck falling within the CN code 01059910 up to a maximum of 140000 animals,(x)EUR 0,13 per week per female fattening turkey falling within the CN code 01059930 up to a maximum of 3263749 animals,(xi)EUR 0,215 per week per male fattening turkey falling within the CN code 01059930 up to a maximum of 6140730 animals,(xii)EUR 0,1475 per week per Guinea fowl falling within the CN code 01059950 up to a maximum of 392869 animals;(b)for losses related to the adjustment of rearing period 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 323784 animals,(ii)EUR 0,12 per week per standard broiler falling within the CN code 01059400 up to a maximum of 5600 animals,(iii)EUR 3,06 per over-sized capon falling within the CN code 01059400 up to a maximum of 2000 animals,(iv)EUR 1,0534 per turkey falling within the CN code 01059930 up to a maximum of 11021 animals,(v)EUR 0,5627 per week per over-sized young turkey falling within the CN code 01059930 up to a maximum of 12662 animals;(c)for culling of poultry in the regulated zones, the following flat rates shall apply per animal:(i)EUR 0,19 per chicken falling within the CN code 01051119 up to a maximum of 40908 animals,(ii)EUR 0,2015 per rural chicken falling within the CN code 01051119 up to a maximum of 1455308 animals,(iii)EUR 0,565 per female turkey falling within the CN code 01051200 up to a maximum of 847257 animals,(iv)EUR 1,03 per male turkey falling within the CN code 01051200 up to a maximum of 586923 animals;(d)for loss of production of breeders located in the regulated zones, the following flat rates shall apply per animal:(i)EUR 0,135 per week per broiler falling within the CN code 01059400 up to a maximum of 1621820 animals,(ii)EUR 1,185 per week per turkey falling within the CN code 01059930 up to a maximum of 128689 animals.2.Where the number of eggs or animals eligible for compensation exceeds the maximum number of eggs or animals 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 amount 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) 2017/1845 of 11 October 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 262, 12.10.2017, p. 7),Commission Implementing Decision (EU) 2017/1930 of 20 October 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 272, 21.10.2017, p. 18),Commission Implementing Decision (EU) 2017/1969 of 27 October 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 279, 28.10.2017, p. 56),Commission Implementing Decision (EU) 2017/2000 of 6 November 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 289, 8.11.2017, p. 9),Commission Implementing Decision (EU) 2017/2175 of 21 November 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 306, 22.11.2017, p. 31),Commission Implementing Decision (EU) 2017/2289 of 11 December 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 328, 12.12.2017, p. 126),Commission Implementing Decision (EU) 2017/2412 of 20 December 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 342, 21.12.2017, p. 29),Commission Implementing Decision (EU) 2018/342 of 7 March 2018 amending the Annex to Implementing Decision (EU) 2017/247 on protective measures in relation to outbreaks of highly pathogenic avian influenza in certain Member States (OJ L 65, 8.3.2018, p. 43),Commission Implementing Decision (EU) 2018/418 of 16 March 2018 amending the Annex to Implementing Decision (EU) 2017/247 on protective measures in relation to outbreaks of highly pathogenic avian influenza in certain Member States (OJ L 75, 19.3.2018, p. 27),Commission Implementing Decision (EU) 2018/510 of 26 March 2018 amending the Annex to Implementing Decision (EU) 2017/247 on protective measures in relation to outbreaks of highly pathogenic avian influenza in certain Member States (OJ L 83, 27.3.2018, p. 16),Health Ministry Orders declaring an infection following outbreaks of highly pathogenic avian influenza confirmed between 1 October 2017 and 30 June 2018.
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 45 outbreaks of highly pathogenic avian influenza of subtype H5 which were detected and notified by Italy between 1 October 2017 and 30 June 2018 and outbreaks notified by Italy between 20 July 2017 and 28 September 2017 which resulted in the compulsory closure of holdings beyond 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 2020 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 amount of Union part-financing shall be EUR 32147498, detailed as follows:(a)for the loss of production of poultry located in the regulated zone, the following flat rates shall apply:(i)EUR 0,1050 per hatching egg falling within the CN code 04071100, destructed, up to a maximum of 406355 eggs,(ii)EUR 0,07 per hatching egg falling within the CN code 04071100, processed into egg products, up to a maximum of 18211121 eggs,(iii)EUR 0,0167 per egg falling within the CN code 04071100, processed into egg products up to a maximum of 28730220 eggs,(iv)EUR 0,064 per week per broiler falling within the CN code 01059400 up to a maximum of 50390617 animals,(v)EUR 0,13 per week per cage laying hen falling within the CN code 01059400 up to a maximum of 391246 animals,(vi)EUR 0,17 per week per barn laying hen falling within the CN code 01059400 up to a maximum of 1933867 animals,(vii)EUR 0,045 per week per cage pullet falling within the CN code 01059400 up to a maximum of 185900 animals,(viii)EUR 0,055 per week per barn pullet falling within the CN code 01059400 up to a maximum of 265136 animals,(ix)EUR 0,194 per week per fattening duck falling within the CN code 01059910 up to a maximum of 140000 animals,(x)EUR 0,13 per week per female fattening turkey falling within the CN code 01059930 up to a maximum of 3263749 animals,(xi)EUR 0,215 per week per male fattening turkey falling within the CN code 01059930 up to a maximum of 6140730 animals,(xii)EUR 0,1475 per week per Guinea fowl falling within the CN code 01059950 up to a maximum of 392869 animals;(b)for losses related to the adjustment of rearing period 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 323784 animals,(ii)EUR 0,12 per week per standard broiler falling within the CN code 01059400 up to a maximum of 5600 animals,(iii)EUR 3,06 per over-sized capon falling within the CN code 01059400 up to a maximum of 2000 animals,(iv)EUR 1,0534 per turkey falling within the CN code 01059930 up to a maximum of 11021 animals,(v)EUR 0,5627 per week per over-sized young turkey falling within the CN code 01059930 up to a maximum of 12662 animals;(c)for culling of poultry in the regulated zones, the following flat rates shall apply per animal:(i)EUR 0,19 per chicken falling within the CN code 01051119 up to a maximum of 40908 animals,(ii)EUR 0,2015 per rural chicken falling within the CN code 01051119 up to a maximum of 1455308 animals,(iii)EUR 0,565 per female turkey falling within the CN code 01051200 up to a maximum of 847257 animals,(iv)EUR 1,03 per male turkey falling within the CN code 01051200 up to a maximum of 586923 animals;(d)for loss of production of breeders located in the regulated zones, the following flat rates shall apply per animal:(i)EUR 0,135 per week per broiler falling within the CN code 01059400 up to a maximum of 1621820 animals,(ii)EUR 1,185 per week per turkey falling within the CN code 01059930 up to a maximum of 128689 animals.2.Where the number of eggs or animals eligible for compensation exceeds the maximum number of eggs or animals 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 amount 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) 2017/1845 of 11 October 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 262, 12.10.2017, p. 7),Commission Implementing Decision (EU) 2017/1930 of 20 October 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 272, 21.10.2017, p. 18),Commission Implementing Decision (EU) 2017/1969 of 27 October 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 279, 28.10.2017, p. 56),Commission Implementing Decision (EU) 2017/2000 of 6 November 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 289, 8.11.2017, p. 9),Commission Implementing Decision (EU) 2017/2175 of 21 November 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 306, 22.11.2017, p. 31),Commission Implementing Decision (EU) 2017/2289 of 11 December 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 328, 12.12.2017, p. 126),Commission Implementing Decision (EU) 2017/2412 of 20 December 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 342, 21.12.2017, p. 29),Commission Implementing Decision (EU) 2018/342 of 7 March 2018 amending the Annex to Implementing Decision (EU) 2017/247 on protective measures in relation to outbreaks of highly pathogenic avian influenza in certain Member States (OJ L 65, 8.3.2018, p. 43),Commission Implementing Decision (EU) 2018/418 of 16 March 2018 amending the Annex to Implementing Decision (EU) 2017/247 on protective measures in relation to outbreaks of highly pathogenic avian influenza in certain Member States (OJ L 75, 19.3.2018, p. 27),Commission Implementing Decision (EU) 2018/510 of 26 March 2018 amending the Annex to Implementing Decision (EU) 2017/247 on protective measures in relation to outbreaks of highly pathogenic avian influenza in certain Member States (OJ L 83, 27.3.2018, p. 16),Health Ministry Orders declaring an infection following outbreaks of highly pathogenic avian influenza confirmed between 1 October 2017 and 30 June 2018.