10.1.2004 Official Journal of the European Union L 6/45 COMMISSION DECISION of 23 December 2003 amending Decision 2003/678/EC on a first financial contribution from the Community towards the eligible costs of the eradication of avian influenza in the Netherlands in 2003 (notified under document number C(2003) 4980) (Only the Dutch text is authentic) (Text with EEA relevance) (2004/27EC) 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 (), and in particular Articles 3(3) and 5(3) thereof, Whereas: 1 Since March 2003, a number of measures have been taken to prevent the spread of avian influenza in the Netherlands by a series of decisions, the most recent being Commission Decision 2003/290/EC of 25 April 2003 concerning protective measures in relation to avian influenza in the Netherlands (%). In Decision 2003/290/EC, and in the two decisions preceding that Decision, namely Commission Decisions 2003/214/EC (*) and 2003/258/EC (¥), the Netherlands was required to ensure the preventive depopulation of poultry holdings at risk and the culling of other poultry and birds which are considered to be at risk within the restricted zones and in fixed delimited zones. The Netherlands took the necessary precautionary measures in order to avoid the spread of avian influenza. Avian influenza represents a serious danger to Com- munity stocks. Accordingly, to prevent the spread of that disease and contribute to its eradication, the Community should contribute to eligible expenditures incurred by the Netherlands. It is therefore appropriate that a finan- cial contribution from the Community should be granted to the Netherlands in accordance with Decision 90/424/ EEC to cover the costs related to the precautionary measures taken in 2003. (") OJ L 224, 18.8.1990, p. 19. Decision as last amended by Regulation (EC) No 806/2003 (O] L 122, 16.5.2003, p. 1). () OJ L 105, 26.4.2003, p. 28. Decision as last amended by Decision 2003[443(EC (O] L 150, 18.6.2003, p. 64). () OJ L 81, 28.3.2003, p. 48. ( OJL 95, 11.4.2003, p. 65. () (10) Commission Decision 2003/678/EC of 24 September 2003 on a first financial contribution from the Com- munity towards the eligible costs of the eradication of avian influenza in the Netherlands in 2003 () provided for an advance of EUR 10 million for the compulsory culling of the animals and the compulsory destruction of the eggs in 2003. However, it is now possible to esti- mate with a greater degree of certainty how much compensation will be payable. The Netherlands provided also data on the costs incurred for the execution of the measures imposed by Decisions 2003/214/EC, 2003/258/EC and 2003/290/EC. According to that information, the total estimated cost for the compensation of the owners of the animals and the eggs is, without prejudice to the outcome of the legal procedures, EUR 82,6 million. On condition that the necessary credits are made avail- able in 2003, it is appropriate for the Community to contribute to the costs incurred by the Netherlands and to increase the advance payment to EUR 40 million. The Netherlands introduced on 21 October 2003 a justi- fied request for the extension of the deadline for the presentation of the claim for the compensations granted for the destroyed hatching eggs and culled one-day-old chickens following the restrictions imposed to the trans- port decided pursuant to Council Directive 90/425/EEC of 26 June 1990 concerning veterinary and zootechnical checks applicable in intra-Community trade in certain live animals and products with a view to the completion of the internal market (°); the provisions of Article 3(3) should be updated accordingly. The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health, () OJ L 249, 1.10.2003, p. 53. (®) OJ L 224, 18.8.1990, p. 29. Directive as last amended by Directive 2002/33[EC of the European Parliament and of the Council (O] L 315, 19.11.2002, p. 14).