2006/923/EC: Commission Decision of 13 December 2006 on a Community financial contribution for 2006 and 2007 to cover expenditure incurred by Portugal for the purpose of combating Bursaphelenchus xylophilus (Steiner et Buhrer) Nickle et al. (pinewood nematode) (notified under document number C(2006) 6433)

Principle

Article 1

The allocation of a Community financial contribution for 2006 and 2007 to cover expenditure incurred by Portugal relating to further action, as specified in Article 23(6) of Directive 2000/29/EC, and taken for the purpose of combating Bursaphelenchus xylophilus (Steiner et Buhrer) Nickle et al. (pinewood nematode), which is laid down in Annex I, and taken in the framework of the action plan proposed by Portugal, is hereby approved.

Amount of Community financial contribution and eligible actions

Article 2

The total maximum Community financial contribution referred to in Article 1 is EUR 8 417 848,95. The eligible expenditure and the maximum Community financial contributions shall be set out in Annex I.

Advance payment

Article 3

An advance of EUR 2 000 000 shall be paid within 30 days from the date of adoption of this Decision.

Payment of the balance of the Community financial contribution

Article 4

The balance of the Community financial contributions as set out in Annex I shall be paid on the following conditions: (a) it can be concluded from technical progress reports to be provided by Portugal to the Commission on 15 January and 15 April 2007 and from inspection missions carried out by the Food and Veterinary Office of the Commission that the measures referred to in Annex I have been implemented by Portugal by 31 March 2007 at the latest, in an appropriate way to meet the objectives referred to in Article 1; and (b) an official request for payment has been submitted by Portugal to the Commission by 31 August 2007 at the latest, accompanied by a financial report and a final technical report as provided for in Article 5.

Supporting documents

Article 5

Evidence of the measures taken and the expenditure incurred shall be submitted by Portugal through: (a) a final technical report showing the implementation of all actions referred to in Annex I and their respective date of completion; (b) a financial report, presented in the format laid down in Annex II, showing the expenditure relating to the various measures for which a Community financial contribution is requested together with appropriate documentation, such as invoices or receipts.

Absence of overcompensation

Article 6

The expenditure incurred by Portugal for the measures laid down in Annex I shall not result in any overcompensation of the owners of the trees. The compensation shall be based on the value of the wood the owner would have been able to obtain immediately before the beginning of the actions in the clear cut belt.

Reduction in Community financial contribution

Article 7

1.   If there is evidence that the measures laid down in Annex I have not been completed in an appropriate way by 31 March 2007 at the latest, the rate of Community financial contribution relating to the part of the eligible expenditure concerned by this late execution shall be reduced to a level specified in the following table: Number of days of delay starting from 1 April 2007 Rate of Community financial contribution 1-15 60  % 16-30 50  % 31-60 25  % 61 or more 0  % 2.   Without prejudice to paragraph 1, failure to submit the request for payment and the accompanying reports provided for in Article 4(b) by 31 August 2007 at the latest, shall result in a 25 % reduction in the Community financial contribution per calendar month of delay.

Compliance with other Community policies

Article 8

Portugal shall ensure that the further action referred to in Article 1 is implemented in compliance with the applicable Community environmental legislation.

Addressee

Article 9

This Decision is addressed to the Portuguese Republic.

ANNEX ISupplementary provisions

ANNEX I Community financial contribution for 2006 and 2007 for the different actions of the programme presented by Portugal to control Bursaphelenchus xylophilus (Steiner et Buhrer) Nickle et al. (pinewood nematode) (in EUR) Location Measure Eligible expenditure Maximum Community financial contributions (at a co-financing rate of 75 %) Clear cut belt  ( 1 ) Survey activities for PWN in belt area 156 000 117 000 Cutting and transport of all PWN vector host trees 4 666 666 3 499 999,5 Stripping of all PWN vector host trees 300 000 225 000 Disposal of tree strippings 700 000 525 000 Compensation for the value of the wood  ( 2 ) 4 666 666 3 499 999,5 Re-design of clear cut belt dedicated information system 200 000 150 000 Subtotal   10 689 332 8 016 999 Subtotal Coordination activities  ( 3 ) 534 466,6 400 849,95 Grand total   11 223 798,60 8 417 848,95 Total maximum Community financial contribution 8 417 848,95 ( 1 )   3 km wide zone on the outer borderline of the demarcated area as defined in Commission Decision 2006/133/EC ( OJ L 52, 23.2.2006, p. 34 ). ( 2 )   Compensation to the land owner for the value of his wood because the cut trees are healthy trees and become the property of the companies cutting them. ( 3 )   Flat rate (5 %) for coordination activities.

ANNEX IISupplementary provisions

ANNEX II FINANCIAL COST STATEMENT PINEWOOD NEMATODE CONTROL PROGRAMME PORTUGAL 2006-2007 DEMARCATED ZONE — CLEAR CUT BELT Measure 1: Survey activities in the belt area Actually incurred and paid costs Short description of expenditure Eligible expenditure VAT excl. Community contribution Supporting document references number Unit Unit price Quantity Amount VAT excl. Remarks Subtotal: X,XX X,XX         X,XX   Measure 2: Cutting and transport of trees Actually incurred and paid costs Short description of expenditure Eligible expenditure VAT excl. Community contribution Supporting document references number Unit Unit price Quantity Amount VAT excl. Remarks Subtotal: X,XX X,XX         X,XX   Measure 3: Stripping of the trees Actually incurred and paid costs Short description of expenditure Eligible expenditure VAT excl. Community contribution Supporting document references number Unit Unit price Quantity Amount VAT excl. Remarks Subtotal: X,XX X,XX         X,XX   Measure 4: Disposal of tree strippings Actually incurred and paid costs Short description of expenditure Eligible expenditure VAT excl. Community contribution Supporting document references number Unit Unit price Quantity Amount VAT excl. Remarks Subtotal: X,XX X,XX         X,XX   Measure 5: Compensation for the value of the wood Actually incurred and paid costs Short description of expenditure Eligible expenditure VAT excl. Community contribution Supporting document references number Unit Unit price Quantity Amount VAT excl. Remarks Subtotal: X,XX X,XX         X,XX   Measure 6: Re-design of information system Actually incurred and paid costs Short description of expenditure Eligible expenditure VAT excl. Community contribution Supporting document references number Unit Unit price Quantity Amount VAT excl. Remarks Subtotal: X,XX X,XX         X,XX   Total: X,XX X,XX         X,XX   Measure 7: Coordination activities Actually incurred and paid costs Short description of expenditure Eligible expenditure VAT excl. Community contribution Supporting document references number Unit Unit price Quantity Amount VAT excl. Remarks Grand total: X,XX X,XX         X,XX