Commission Implementing Regulation (EU) 2024/453 of 5 February 2024 on exceptional market support measures for the eggs and poultrymeat sectors in Italy
Commission Implementing Regulation (EU) 2024/453of 5 February 2024on exceptional market support measures for the eggs and poultrymeat sectors in Italy THE EUROPEAN COMMISSION,Having regard to the Treaty on the Functioning of the European Union,Having regard to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007OJ L 347, 20.12.2013, p. 671, ELI: http://data.europa.eu/eli/reg/2013/1308/oj., and in particular Article 220(1), first subparagraph, point (a), thereof,Whereas:(1)Between 1 January 2022 and 30 April 2022, 23 outbreaks of highly pathogenic avian influenza of subtype H5 were confirmed and notified by Italy. The species affected are Gallus domesticus chickens, laying hens, turkeys, ducks and guinea fowls.(2)Italy immediately and efficiently took all the necessary animal health and veterinary measures required in accordance with Regulation (EU) 2016/429 of the European Parliament and of the CouncilRegulation (EU) 2016/429 of the European Parliament and of the Council of 9 March 2016 on transmissible animal diseases and amending and repealing certain acts in the area of animal health ("Animal Health Law") (OJ L 84, 31.3.2016, p. 1, ELI: http://data.europa.eu/eli/reg/2016/429/oj). and Commission Delegated Regulation (EU) 2020/687Commission Delegated Regulation (EU) 2020/687 of 17 December 2019 supplementing Regulation (EU) 2016/429 of the European Parliament and the Council, as regards rules for the prevention and control of certain listed diseases (OJ L 174, 3.6.2020, p. 64, ELI: http://data.europa.eu/eli/reg_del/2020/687/oj)..(3)In particular, Italy took control, monitoring and preventive measures and established protection and surveillance zones ("the regulated zones") pursuant to Commission Implementing Decisions (EU) 2022/53Commission Implementing Decision (EU) 2022/53 of 11 January 2022 amending the Annex to Implementing Decision (EU) 2021/641 concerning emergency measures in relation to outbreaks of highly pathogenic avian influenza in certain Member States (OJ L 9, 14.1.2022, p. 44, ELI: http://data.europa.eu/eli/dec_impl/2022/53/oj)., (EU) 2022/106Commission Implementing Decision (EU) 2022/106 of 21 January 2022 amending the Annex to Implementing Decision (EU) 2021/641 concerning emergency measures in relation to outbreaks of highly pathogenic avian influenza in certain Member States (OJ L 18, 27.1.2022, p. 11, ELI: http://data.europa.eu/eli/dec_impl/2022/106/oj)., (EU) 2022/145Commission Implementing Decision (EU) 2022/145 of 31 January 2022 amending the Annex to Implementing Decision (EU) 2021/641 concerning emergency measures in relation to outbreaks of highly pathogenic avian influenza in certain Member States (OJ L 24, 3.2.2022, p. 6, ELI: http://data.europa.eu/eli/dec_impl/2022/145/oj)., (EU) 2022/198Commission Implementing Decision (EU) 2022/198 of 9 February 2022 amending the Annex to Implementing Decision (EU) 2021/641 concerning emergency measures in relation to outbreaks of highly pathogenic avian influenza in certain Member States (OJ L 31, 14.2.2022, p. 56, ELI: http://data.europa.eu/eli/dec_impl/2022/198/oj)., (EU) 2022/257Commission Implementing Decision (EU) 2022/257 of 21 February 2022 amending the Annex to Implementing Decision (EU) 2021/641 concerning emergency measures in relation to outbreaks of highly pathogenic avian influenza in certain Member States (OJ L 42, 23.2.2022, p. 9, ELI: http://data.europa.eu/eli/dec_impl/2022/257/oj)., (EU) 2022/349Commission Implementing Decision (EU) 2022/349 of 28 February 2022 amending the Annex to Implementing Decision (EU) 2021/641 concerning emergency measures in relation to outbreaks of highly pathogenic avian influenza in certain Member States (OJ L 64, 2.3.2022, p. 60, ELI: http://data.europa.eu/eli/dec_impl/2022/349/oj)., (EU) 2022/417Commission Implementing Decision (EU) 2022/417 of 8 March 2022 amending the Annex to Implementing Decision (EU) 2021/641 concerning emergency measures in relation to outbreaks of highly pathogenic avian influenza in certain Member States (OJ L 85, 14.3.2022, p. 42, ELI: http://data.europa.eu/eli/dec_impl/2022/417/oj)., (EU) 2022/454Commission Implementing Decision (EU) 2022/454 of 16 March 2022 amending the Annex to Implementing Decision (EU) 2021/641 concerning emergency measures in relation to outbreaks of highly pathogenic avian influenza in certain Member States (OJ L 92, 21.3.2022, p. 12, ELI: http://data.europa.eu/eli/dec_impl/2022/454/oj)., (EU) 2022/522Commission Implementing Decision (EU) 2022/522 of 29 March 2022 amending the Annex to Implementing Decision (EU) 2021/641 concerning emergency measures in relation to outbreaks of highly pathogenic avian influenza in certain Member States (OJ L 104, 1.4.2022, p. 74, ELI: http://data.europa.eu/eli/dec_impl/2022/522/oj)., (EU) 2022/623Commission Implementing Decision (EU) 2022/623 of 11 April 2022 amending Implementing Decision (EU) 2021/641 concerning emergency measures in relation to outbreaks of highly pathogenic avian influenza in certain Member States (OJ L 115, 13.4.2022, p. 90, ELI: http://data.europa.eu/eli/dec_impl/2022/623/oj). and (EU) 2022/690Commission Implementing Decision (EU) 2022/690 of 26 April 2022 amending the Annex to Implementing Decision (EU) 2021/641 concerning emergency measures in relation to outbreaks of highly pathogenic avian influenza in certain Member States (OJ L 128, 2.5.2022, p. 3, ELI: http://data.europa.eu/eli/dec_impl/2022/690/oj)..(4)Italy informed the Commission that the necessary health and veterinary measures, which had been applied to contain and eradicate the spread of the disease, had affected a very large number of operators and that those operators suffered income losses not eligible for Union financial contribution under Regulation (EU) 2021/690 of the European Parliament and of the CouncilRegulation (EU) 2021/690 of the European Parliament and of the Council of 28 April 2021 establishing a programme for the internal market, competitiveness of enterprises, including small and medium-sized enterprises, the area of plants, animals, food and feed, and European statistics (Single Market Programme) and repealing Regulations (EU) No 99/2013, (EU) No 1287/2013, (EU) No 254/2014 and (EU) No 652/2014 (OJ L 153, 3.5.2021, p. 1, ELI: http://data.europa.eu/eli/reg/2021/690/oj)..(5)On 27 February 2023, the Commission received a formal request from Italy for part-financing of certain exceptional measures pursuant to Article 220(3) of Regulation (EU) No 1308/2013 for outbreaks confirmed between 1 January 2022 and 30 April 2022. On 14 March 2023, 17 May 2023, 6 December 2023 and 12 January 2024, Italian authorities clarified and documented their request.(6)As a result of the animal health and veterinary measures referred to in recital 3, fallowing periods were prolonged, the placing of birds was prohibited and movements were restricted on holdings of all types of poultry in the regulated zones. This led to a loss of production of hatching eggs, consumption eggs, live animals and poultry meat in these holdings, but also to losses due to destroyed and downgraded eggs and meat.(7)In accordance with Article 220(5) of Regulation (EU) No 1308/2013, the Union part-financing has to be equivalent to 50 % of the expenditure borne by Italy for the relevant exceptional market support measures. The maximum quantities eligible for financing in respect of each exceptional market support measure should be fixed by the Commission after scrutinising the request received from Italy related to outbreaks confirmed between 1 January 2022 and 30 April 2022.(8)To avoid any risk of overcompensation, the flat rate amount of part-financing should be based on technical and economic studies or accounting documents and fixed at an appropriate level for each animal and product according to categories.(9)To avoid any risk of double funding, losses suffered should not have been compensated by State aid or insurance, and the Union part-financing under this Regulation should be limited to eligible animals and products for which no Union financial contribution has been received under Regulation (EU) 2021/690.(10)The extent and duration of the exceptional market support measures provided for in this Regulation should be limited to what is strictly necessary to support the market. In particular, the exceptional market support measures should apply only to the production of eggs and poultry in the holdings located in the regulated zones and for the duration of the animal health and veterinary measures laid down in the Union and Italian legislation relevant to the 23 outbreaks of highly pathogenic avian influenza confirmed between 1 January 2022 and 30 April 2022.(11)To ensure flexibility in case the numbers of eggs or animals eligible for compensation differ from the maximum numbers set in this Regulation, which are based on estimates, compensation may be adjusted within certain limits, as long as the maximum amount of expenditure part-financed by the Union is respected.(12)For budgetary reasons, only those payments made by Italy to beneficiaries by 30 September 2024 at the latest should be eligible for Union part-financing. Article 5(2) of Commission Delegated Regulation (EU) No 907/2014Commission Delegated Regulation (EU) No 907/2014 of 11 March 2014 supplementing Regulation (EU) No 1306/2013 of the European Parliament and of the Council with regard to paying agencies and other bodies, financial management, clearance of accounts, securities and use of euro (OJ L 255, 28.8.2014, p. 18, ELI: http://data.europa.eu/eli/reg_del/2014/907/oj)., replaced as of 1 January 2023 by Article 5(2) of Commission Delegated Regulation (EU) 2022/127Commission Delegated Regulation (EU) 2022/127 of 7 December 2021 supplementing Regulation (EU) 2021/2116 of the European Parliament and of the Council with regard to paying agencies and other bodies, financial management, clearance of accounts, securities and use of euro (OJ L 20, 31.1.2022, p. 95, ELI: http://data.europa.eu/eli/reg_del/2022/127/oj)., should not be applicable.(13)In order to ensure the eligibility and the correctness of the payments, Italy should carry out ex ante checks.(14)In order to ensure an immediate implementation of the measures laid down in this Regulation by Italy, this Regulation should enter into force on the third day following that of its publication in the Official Journal of the European Union.(15)The measures provided for in this Regulation are in accordance with the opinion of the Committee for the Common Organisation of the Agricultural Markets,HAS ADOPTED THIS REGULATION:
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