22.10.2003 Official Journal of the European Union L271/19 (Acts whose publication is not obligatory) COMMISSION COMMISSION DECISION of 10 October 2003 on a first financial contribution from the Community towards the eligible costs of the eradication of avian influenza in Belgium in 2003 (notified under document number C(2003) 3559) (Only the Dutch and French texts are authentic) (2003/749(EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Decision 90/424/EEC of 26 June 1990 on expenditure in the veterinary field (), as last amended by Regulation (EC) no 806/2003 (%), and in particular Article 3(3) and Article 5(3) thereof, Whereas: 1 ) ) 0 As soon as the presence of avian influenza was officially confirmed in 2003, Belgium reported that it had imme- diately implemented the control measures to be applied in the event of an outbreak of that disease as provided for in Council Directive 92/40/EEC of 19 May 1992 introducing Community measures for the control of avian influenza (°), as last amended by Regulation (EC) No 806/2003, as required in order to obtain a financial contribution from the Community for the eradication of the disease in accordance with Decision 90/424/EEC. Avian influenza represents a serious danger to Commu- nity stocks. Accordingly, in order to prevent the spread of that disease and contribute to its eradication, the Community should contribute to eligible expenditures incurred by Belgium. It is therefore appropriate that a financial contribution from the Community should be granted to Belgium under the provisions of Decision 90/ 424[EEC in order to cover the costs related to the outbreak of avian influenza in 2003. L 224, 18.8.1990, p. 19. L 122,16.5.2003, p. 1. L 167,22.6.1992, p. 16. 3) It is necessary to clarify the concepts of ‘swift and adequate compensation of the livestock farmers’ and ‘destruction, cleaning, disinfection and disinsectisation costs’ used in Article 3(2) of Decision 90/424/EEC and the concepts of ‘reasonable payments’ and Sustified payments’ mentioned in the present Decision. On 13 June 2003, Belgium presented tables with the value of different types of poultry and eggs. These values are the basis for the eligible compensations granted to the owners. They may be adapted on a regular basis in function of the price evolution in Belgium and surrounding Member States. Pursuant to Article 3(2) of Council Regulation (EC) No 1258/1999 of 17 May 1999 on the financing of the common agricultural policy (*), veterinary and plant health measures undertaken in accordance with Commu- nity rules are to be financed under the Guarantee Section of the European Agricultural Guidance and Guarantee Fund. For financial control purposes, Articles 8 and 9 of Regulation (EC) No 1258/1999 apply. Having regard to the budgetary situation for the emer- gency fund at this stage of the 2003 exercise, and to the uncertainty on the final eligible amount needed to compensate the outbreak of the disease, the financial contribution at this stage should be limited to an advance covering 50 % of the eligible costs incurred for the obligatory killing of the animals and the obligatory destruction of the eggs. () OJL 160, 26.6.1999, p. 103.