L 73/6 Official Journal of the European Union 13.3.2012 COMMISSION IMPLEMENTING DECISION of 9 March 2012 approving certain amended programmes for the eradication and monitoring of animal diseases and zoonoses for the year 2012 and amending Implementing Decision 2011/807/EU as regards the measures eligible for Union financial contribution in programmes for the eradication of scrapie and the advance payment by the Union in programmes for the eradication of rabies for the year (notified under document C(2012) 1406) (Text with EEA relevance) (2012/147/EV) THE EUROPEAN COMMISSION, (5)  Regulation (EC) No 999/2001 of the European Having regard to the Treaty on the Functioning of the European Union, Having regard to Council Decision 2009/470/EC of 25 May 2009 on expenditure in the veterinary field (), and in particular Article 27(5) and (6) thereof, Whereas: (1) (") ¢ Decision 2009/470/EC lays down the procedures governing the financial contribution by the Union for programmes for the eradication, control and monitoring of animal diseases and zoonoses. Commission Decision 2008/341/EC of 25 April 2008 laying down Community criteria for national programmes for the eradication, control and monitoring of certain animal diseases and zoonoses (?) provides that in order to be approved under the Union financial measures, programmes submitted by the Member States to the Commission for the eradication, control and monitoring of the animal diseases and zoonoses must meet at least the criteria set out in the Annex to that Decision. Portugal has submitted an amended programme for the monitoring and eradication of bluetongue, Greece has submitted an amended programme for the monitoring of transmissible spongiform encephalopathies (TSE), and for the eradication of bovine spongiform encephalopathy and of scrapie and Bulgaria has submitted and amended programme for the eradication of rabies. The Commission has assessed those amended programmes from both the veterinary and the financial point of view. They were found to comply with relevant Union veterinary legislation and in particular with the criteria set out in the Annex to Decision 2008/341/EC. The amended programmes submitted by those Member States should therefore be approved. L 155, 18.6.2009, p. 30. L 115, 29.4.2008, p. 44. Parliament and of the Council of 22 May 2001 laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies (%) lays down rules for the prevention, control and eradication of TSEs in animals. Annex VII to that Regulation lays down the eradication measures to be carried out following the confirmation of an outbreak of TSE in bovine, ovine and caprine animals. Point 2.3(d) of Chapter A of that Annex, as amended by Commission Regulation (EC) No 727/2007 (*), provided that Member States may decide to replace by slaughtering for human consumption the killing and complete destruction of certain ovine and caprine animals on the holding of the animal in which TSE was confirmed, provided that certain conditions were complied with. On 17 July 2007, in Case T-257/07, France brought an action against the European Commission before the General Court, applying for the partial annulment of certain provisions of Regulation (EC) No 999/2001, as amended by Regulation (EC) No 727/2007, in particular point 2.3(d) of Chapter A of Annex VII to that Regu- lation. In its Order of 28 September 2007 (°), the General Court suspended the application of point 2.3(b)(iii), point 2.3(d) and point 4 of Chapter A of Annex VII to Regulation (EC) No 999/2001, as amended by Regulation (EC) No 727/2007, until judgment would be given in the main action. In that Order, the General Court questioned the Commission’s assessment of the scientific available data on the possible risks. The Commission subsequently asked the European Food Safety Authority (EFSA) to assist it in clarifying the main premises on which Regulation (EC) No 727/2007 was based. In view of the EFSA clarifications, Regulation (EC) No 999/2001 was amended by Commission Regu- lation (EC) No 746/2008 (5), which reinstated the provisions the application of which had been suspended by the General Court. L 147, 31.5.2001, p. 1. L 165, 27.6.2007, p. 8. C 283, 24.11.2007, p. 28. 202, 31.7.2008, p. 11.