Article 1
Decision 2003/678/EC is amended as follows: 1. The title of Decision 2003/678/EC is replaced by the following: "Decision 2003/678/EC on the financial contribution from the Community towards the eligible costs of the eradication of avian influenza in the Netherlands in 2003". 2. Article 1(a) is replaced by the following: "(a) the swift and adequate compensation of the owners for their animals killed and their eggs destroyed pursuant to: - Article 10 of Directive 90/425/EEC, - Article 5 of Directive 92/40/EEC and - Article 3 of Decisions 2003/214/EC, 2003/258/EC and 2003/290/EC under compulsory eradication measures mentioned under the first and seventh indents of Article 3(2) of Decision 90/424/EEC, related to outbreaks of avian influenza which occurred in 2003, taken pursuant to the above provisions, and in accordance with the present Decision." 3. Article 3(3) is replaced by the following: "3. When the compensation payments made by the Netherlands pursuant to Article 5 of Directive 92/40/EEC and Article 3 of Decisions 2003/214/EC, 2003/258/EC and 2003/290/EC are effected after the 90 days deadline laid down in Article 2(a), the eligible amounts shall be reduced for expenditure effected after the deadline in accordance with the following: - 25 % for payments made between 91 and 105 days after the culling of the animals or the destruction of the eggs, - 50 % for payments made between 106 and 120 days after the culling of the animals or the destruction of the eggs, - 75 % for payments made between 121 and 135 days after the culling of the animals or the destruction of the eggs, - 100 % for payments beyond 136 days after the culling of the animals or the destruction of the eggs. When the compensation payments made by the Netherlands pursuant to Article 10 of Directive 90/425/EEC are effected more than 60 days after the notification of this Decision, the eligible amounts shall be reduced for expenditure effected after the deadline in accordance with the following: - 25 % for payments made between 61 and 75 days, - 50 % for payments made between 76 and 90 days, - 75 % for payments made between 91 and 105 days, - 100 % for payments beyond 106 days." 4. Article 4 is amended as follows: (a) paragraph 1 is replaced by the following: "1. Subject to the results of the eventual checks referred to in Article 5 and provided that the necessary credits are made available, an advance of EUR 40 million shall be paid on the basis of supporting documents submitted by the Netherlands concerning the swift and adequate compensation of owners for the compulsory culling of the animals and compulsory destruction of the eggs in 2003 pursuant to Article 10 of Directive 90/425/EEC, Article 5 of Directive 92/40/EEC, and Article 3 of Decisions 2003/214/EC, 2003/258/EC and 2003/290/EC."; (b) paragraph 3 is replaced by the following: "3. The claim referred to in paragraph 2(a) shall be provided in computerised form in accordance with: - Annexes IA and IB, within 60 calendar days for the compensations referred to in the second indent of Article 1(a) after the lifting of the restrictions as provided for by Commission Decision 2003/428/EC(7), and within 90 days for the compensations referred to in the first and third indents of Article 1(a) after notification of this Decision, - Annex II within six months after the lifting of the restrictions referred to in the first indent. When these deadlines are not observed, the financial contribution from the Community shall be reduced by 25 % for each month of delay. However, at the justified request of the Netherlands, the Commission may extend the deadlines."