2011/807/EU: Commission Implementing Decision of 30 November 2011 approving annual and multiannual programmes and the financial contribution from the Union for the eradication, control and monitoring of certain animal diseases and zoonoses presented by the Member States for 2012 and following years (notified under document C(2011) 8719)

1 The programmes for the eradication of bovine brucellosis submitted by Spain, Italy Portugal and the United Kingdom are hereby approved for the period from 1 January 2012 to 31 December 2012.

2 The financial contribution by the Union: (a) shall consist of a lump sum compensating for all costs incurred to perform the following activities and/or tests: (i) EUR 0,5 per domestic animal sampled; (ii) EUR 0,2 per rose bengal test; (iii) EUR 0,2 per SAT test; (iv) EUR 0,4 per complement fixation test; (v) EUR 0,5 per ELISA test; (vi) EUR 10 per bacteriological test; (vii) EUR 1 per domestic animal vaccinated; (b) shall be at the rate of 50 % of the costs to be incurred by each Member State referred to in paragraph 1 for the cost of the compensation to be paid to owners for the value of their animals slaughtered subject to those programmes and shall on average not exceed EUR 375 per animal slaughtered; and (c) shall not exceed the following: (i) EUR 4800000 for Spain; (ii) EUR 2300000 for Italy; (iii) EUR 1550000 for Portugal; (iv) EUR 2000000 for the United Kingdom.

1 The programmes for the eradication of bovine tuberculosis submitted by Ireland, Spain, Italy Portugal and the United Kingdom are hereby approved for the period from 1 January 2012 to 31 December 2012.

2 The financial contribution by the Union: (a) shall consist of a lump sum compensating for all costs incurred to perform the following activities and/or tests: (i) EUR 0,5 per domestic animal sampled; (ii) EUR 1,5 per tuberculin test; (iii) EUR 5 per gamma-interferon test; (iv) EUR 10 per bacteriological test; (b) shall be at the rate of 50 % of the costs to be incurred by each Member State referred to in paragraph 1 for the compensation to be paid to owners for the value of their animals slaughtered subject to those programmes shall on average not exceed EUR 375 per animal slaughtered; and (c) shall not exceed the following: (i) EUR 14000000 for Ireland; (ii) EUR 12700000 for Spain; (iii) EUR 5000000 for Italy; (iv) EUR 2650000 for Portugal; (v) EUR 31200000 for the United Kingdom.

1 The programmes for the eradication of ovine and caprine brucellosis submitted by Greece, Italy, Spain, Cyprus, and Portugal are hereby approved for the period from 1 January 2012 to 31 December 2012.

2 The financial contribution by the Union: (a) shall consist of a lump sum compensating for all costs incurred to perform the following activities and/or tests: (i) EUR 0,5 per domestic animal sampled; (ii) EUR 0,2 per rose bengal test; (iii) EUR 0,4 per complement fixation test; (iv) EUR 10 per bacteriological test; (v) EUR 1 per domestic animal vaccinated; (b) shall be at the rate of 50 % of the costs to be incurred by each Member State referred to in paragraph 1 for the cost of the compensation to be paid to owners for the value of their animals slaughtered subject to those programmes and shall on average not exceed EUR 50 per animal slaughtered; and (c) shall not exceed the following: (i) EUR 2050000 for Greece; (ii) EUR 8700000 for Spain; (iii) EUR 3700000 for Italy; (iv) EUR 190000 for Cyprus; (v) EUR 1950000 for Portugal.

1 The programmes for the eradication and monitoring of bluetongue submitted by Belgium, Bulgaria, the Czech Republic, Germany, Estonia, Ireland, Greece, Spain, France, Italy, Latvia, Lithuania, Luxembourg, Hungary, Malta, the Netherlands, Austria, Poland, Portugal, Romania, Slovenia, Slovakia, Finland and Sweden are hereby approved for the period from 1 January 2012 to 31 December 2012.

2 The financial contribution by the Union: (a) shall consist of a lump sum compensating for all costs incurred to perform the following activities and/or tests: (i) EUR 0,5 per domestic animal sampled; (ii) EUR 1 per domestic animal vaccinated; (iii) EUR 2 per ELISA test; (iv) EUR 10 per PCR test; (v) EUR 10 per virological test; (b) shall be at the rate of 50 % of the costs to be incurred by each Member State referred to in paragraph 1 for: (i) the cost of carrying out laboratory tests for entomological surveillance; (ii) the purchase of traps; and (c) shall not exceed the following: (i) EUR 360000 for Belgium; (ii) EUR 15000 for Bulgaria; (iii) EUR 40000 for the Czech Republic; (iv) EUR 80000 for Germany; (v) EUR 10000 for Estonia; (vi) EUR 40000 for Ireland; (vii) EUR 100000 for Greece; (viii) EUR 1000000 for Spain; (ix) EUR 1700000 for France; (x) EUR 400000 for Italy; (xi) EUR 20000 for Latvia; (xii) EUR 10000 for Lithuania; (xiii) EUR 10000 for Luxembourg; (xiv) EUR 30000 for Hungary; (xv) EUR 10000 for Malta; (xvi) EUR 40000 for the Netherlands; (xvii) EUR 10000 for Austria; (xviii) EUR 50000 for Poland; (xix) EUR 2350000 for Portugal; (xx) EUR 100000 for Romania; (xxi) EUR 40000 for Slovenia; (xxii) EUR 50000 for Slovakia; (xxiii) EUR 10000 for Finland; (xxiv) EUR 10000 for Sweden.

1 The programmes for the control of certain zoonotic salmonella in breeding, laying and broiler flocks of Gallus gallus and in flocks of turkeys (Meleagris gallopavo) submitted by Belgium, Bulgaria, the Czech Republic, Denmark, Germany, Estonia, Ireland, Greece, Spain, France, Italy, Cyprus, Latvia, Luxembourg, Hungary, Malta, the Netherlands, Austria, Portugal, Romania, Slovenia Slovakia, and the United Kingdom are hereby approved for the period from 1 January 2012 to 31 December 2012.

2 The programmes for the control of certain zoonotic salmonella in broiler flocks of Gallus gallus and in flocks of turkeys (Meleagris gallopavo) submitted by Poland is hereby approved for the period from 1 January 2012 to 31 December 2012.

3 The financial contribution by the Union: (a) shall include a lump sum of EUR 0,5 per official sample taken; (b) shall be at the rate of 50 % of the costs to be incurred by each Member State referred to in paragraph 1 and 2 for the cost of: (i) carrying out bacteriological and serotyping tests in the framework of official sampling; (ii) carrying out bacteriological tests to verify the efficiency of disinfection; (iii) carrying out tests for the detection of antimicrobials or bacterial growth inhibitory effect in tissues from birds from flocks tested for salmonella; (iv) the purchase of vaccine doses; (v) the compensation to be paid to owners for the value of: the culled breeding and laying birds of Gallus gallus, the culled breeding turkey birds of Meleagris gallopavo, the destroyed eggs as referred to in paragraph 4; and (c) shall not exceed the following: (i) EUR 1300000 for Belgium; (ii) EUR 60000 for Bulgaria; (iii) EUR 1500000 for the Czech Republic; (iv) EUR 250000 for Denmark; (v) EUR 1000000 for Germany; (vi) EUR 30000 for Estonia; (vii) EUR 300000 for Ireland; (viii) EUR 1000000 for Greece; (ix) EUR 1000000 for Spain; (x) EUR 1300000 for France; (xi) EUR 700000 for Italy; (xii) EUR 100000 for Cyprus; (xiii) EUR 130000 for Latvia; (xiv) EUR 10000 for Luxembourg; (xv) EUR 2000000 for Hungary; (xvi) EUR 150000 for Malta; (xvii) EUR 3000000 for the Netherlands; (xviii) EUR 800000 for Austria; (xix) EUR 500000 for Poland; (xx) EUR 200000 for Portugal; (xxi) EUR 200000 for Romania; (xxii) EUR 70000 for Slovenia; (xxiii) EUR 600000 for Slovakia; (xxiv) EUR 75000 for the United Kingdom.

4 The maximum of the costs to be reimbursed to the Member States for the programmes referred to in paragraphs 1 and 2 shall on average not exceed: (a)for a bacteriological test (cultivation/isolation):EUR 7 per test;(b)for the purchase of vaccine:EUR 0,05 per dose;(c)for serotyping of relevant isolates of salmonella spp.:EUR 20 per test;(d)for a bacteriological test to verify the efficiency of disinfection of poultry houses after depopulation of a salmonella-positive flock:EUR 5 per test;(e)for a test for the detection of antimicrobials or bacterial growth inhibitory effect in tissues from birds from flocks tested for salmonella:EUR 5 per test;(f)for the compensation to be paid to owners for the value of:(i)a parent breeding bird of Gallus gallus culled:EUR 4 per bird;(ii)a commercial laying bird of Gallus gallus culled:EUR 2,20 per bird;(iii)a parent breeding turkey bird of Meleagris gallopavo culled:EUR 12 per bird;(iv)hatching eggs of parent breeding Gallus gallus:EUR 0,20 per hatching egg destroyed;(v)table eggs of Gallus gallus:EUR 0,04 per table egg destroyed;(vi)hatching eggs of parent breeding Meleagris gallopavo:EUR 0,40 per hatching egg destroyed.

1 The programmes for the control and monitoring of: (a) Classical swine fever submitted by Bulgaria, Germany, France, Luxembourg, Hungary, Romania, Slovenia and Slovakia are hereby approved for the period from 1 January 2012 to 31 December 2012; (b) African swine fever submitted by Italy is hereby approved for the period from 1 January 2012 to 31 December 2012.

2 The financial contribution by the Union: (a) shall consist of a lump sum compensating for all costs incurred to perform the following activities and/or tests: (i) EUR 0,5 per domestic pig sampled; (ii) EUR 5 per wild boar sampled; (iii) EUR 1 per bait/vaccine; (iv) EUR 2 per ELISA test; (v) EUR 10 per PCR test; (vi) EUR 10 per virological test; (b) shall not exceed the following: (i) EUR 210000 for Bulgaria; (ii) EUR 1300000 for Germany; (iii) EUR 260000 for France; (iv) EUR 100000 for Italy; (v) EUR 10000 for Luxembourg; (vi) EUR 340000 for Hungary; (vii) EUR 900000 for Romania; (viii) EUR 30000 for Slovenia; (ix) EUR 500000 for Slovakia.

1 The programme for the eradication of swine vesicular disease submitted by Italy is hereby approved for the period from 1 January 2012 to 31 December 2012.

2 The financial contribution by the Union: (a) shall consist of a lump sum compensating for all costs incurred to perform the following activities and/or tests: (i) EUR 0,5 per domestic pig sampled; (ii) EUR 2 per ELISA test; (iii) EUR 4 per seroneutralisation test; (iv) EUR 10 per PCR test; (v) EUR 10 per virological test; (b) shall not exceed EUR 900000.

1 The survey programmes for avian influenza in poultry and wild birds submitted by Belgium, Bulgaria, the Czech Republic, Denmark, Germany, Estonia, Ireland, Greece, Spain, France, Italy, Cyprus, Latvia, Lithuania, Luxembourg, Hungary, Malta, the Netherlands, Austria, Poland, Portugal, Romania, Slovenia, Slovakia, Finland, Sweden and the United Kingdom are hereby approved for the period from 1 January 2012 to 31 December 2012.

2 The financial contribution by the Union: (a) shall consist of a lump sum compensating for all costs incurred to perform the following activities and/or tests: (i) EUR 0,5 per sample from poultry flocks; (ii) EUR 5 per wild bird sampled in the framework of the passive surveillance; (iii) EUR 1 per ELISA test; (iv) EUR 1 per agar gel immune diffusion test; (b) shall be at the rate of 50 % of the costs to be incurred by each Member State for the costs of carrying out laboratory tests other than those foreseen in point (a); and (c) shall not exceed the following: (i) EUR 40000 for Belgium; (ii) EUR 40000 for Bulgaria; (iii) EUR 30000 for the Czech Republic; (iv) EUR 40000 for Denmark; (v) EUR 80000 for Germany; (vi) EUR 10000 for Estonia; (vii) EUR 60000 for Ireland; (viii) EUR 10000 for Greece; (ix) EUR 90000 for Spain; (x) EUR 130000 for France; (xi) EUR 800000 for Italy; (xii) EUR 10000 for Cyprus; (xiii) EUR 20000 for Latvia; (xiv) EUR 10000 for Lithuania; (xv) EUR 10000 for Luxembourg; (xvi) EUR 130000 for Hungary; (xvii) EUR 10000 for Malta; (xviii) EUR 190000 for the Netherlands; (xix) EUR 50000 for Austria; (xx) EUR 100000 for Poland; (xxi) EUR 20000 for Portugal; (xxii) EUR 250000 for Romania; (xxiii) EUR 30000 for Slovenia; (xxiv) EUR 20000 for Slovakia; (xxv) EUR 10000 for Finland; (xxvi) EUR 40000 for Sweden; (xxvii) EUR 100000 for the United Kingdom.

3 The maximum of the costs to be reimbursed to the Member States for the tests covered by the programmes shall on average not exceed: (a)HI test for H5/H7:EUR 12 per test;(b)virus isolation test:EUR 40 per test;(c)PCR test:EUR 20 per test.

1 The programmes for the monitoring of transmissible spongiform encephalopathies (TSE), and for the eradication of bovine spongiform encephalopathy (BSE) and of scrapie submitted by Belgium, Bulgaria, the Czech Republic, Denmark, Germany, Estonia, Ireland, Greece, Spain, France, Italy, Cyprus, Latvia, Lithuania, Luxembourg, Hungary, Malta, the Netherlands, Austria, Poland, Portugal, Romania, Slovenia, Slovakia, Finland, Sweden, and the United Kingdom are hereby approved for the period from 1 January 2012 to 31 December 2012.

2 The financial contribution by the Union: (a) shall consist of a lump sum of: (i) EUR 8,5 per test, compensating for all costs incurred to perform rapid tests, to fulfil the requirements of Article 12 paragraph 2 and Annex III Chapter A Part I to Regulation (EC) No 999/2001 or used as confirmatory tests in accordance with Annex X, Chapter C to the same Regulation; (ii) EUR 15 per test, compensating for all costs incurred to perform rapid tests to fulfil the requirements of Article 12 paragraph 2, Annex III Chapter A Part II points 1 to 5 and Annex VII to Regulation (EC) No 999/2001; (iii) EUR 4 per test, compensating for all costs incurred to perform genotyping tests; (iv) EUR 120 per test, compensating for all costs incurred to perform primary molecular discriminatory tests as referred to in point 3.2(c)(i) of Chapter C of Annex X to Regulation (EC) No 999/2001; and (v) EUR 25 per test, compensating for all costs incurred to perform confirmatory tests, other than rapid tests, as referred to in Annex X Chapter C to Regulation (EC) No 999/2001; (b) shall be at the rate of 50 % of the cost incurred by each Member State for the compensation to be paid to owners for the value of their animals culled and destroyed in accordance with their BSE and scrapie eradication programmes; (c) shall not exceed the following: (i) EUR 1220000 for Belgium; (ii) EUR 500000 for Bulgaria; (iii) EUR 590000 for the Czech Republic; (iv) EUR 730000 for Denmark; (v) EUR 7690000 for Germany; (vi) EUR 120000 for Estonia; (vii) EUR 2890000 for Ireland; (viii) EUR 1540000 for Greece; (ix) EUR 4320000 for Spain; (x) EUR 12310000 for France; (xi) EUR 4160000 for Italy; (xii) EUR 1910000 for Cyprus; (xiii) EUR 220000 for Latvia; (xiv) EUR 420000 for Lithuania; (xv) EUR 80000 for Luxembourg; (xvi) EUR 1000000 for Hungary; (xvii) EUR 20000 for Malta; (xviii) EUR 2080000 for the Netherlands; (xix) EUR 1410000 for Austria; (xx) EUR 2690000 for Poland; (xxi) EUR 970000 for Portugal; (xxii) EUR 930000 for Romania; (xxiii) EUR 210000 for Slovenia; (xxiv) EUR 380000 for Slovakia; (xxv) EUR 350000 for Finland; (xxvi) EUR 500000 for Sweden; (xxvii) EUR 5000000 for the United Kingdom.

3 The maximum of the costs to be reimbursed to the Member States for the programmes referred to in paragraph 1 shall on average not exceed: (a)for culled and destroyed bovine animals:EUR 500 per animal;(b)for culled and destroyed sheep or goats:EUR 70 per animal.

1 The programmes for the eradication of rabies submitted by Bulgaria, Estonia, Hungary, Poland, Romania and Slovakia are hereby approved for the period from 1 January 2012 to 31 December 2012.

2 The financial contribution by the Union: (a) shall include a lump sum of EUR 5 per wild animal sampled; (b) shall be at the rate of 75 % of the costs to be incurred by each Member State referred to in paragraph 1 for the cost of: (i) carrying out laboratory tests for the detection of rabies antigen or antibodies; (ii) the isolation and characterisation of rabies virus; (iii) the detection of biomarker and the titration of vaccine baits; (iv) the purchase and distribution of oral vaccine plus baits; (v) the purchase and administration of parenteral vaccines to grazing animals; and (c) shall not exceed the following: (i) EUR 1540000 for Bulgaria; (ii) EUR 620000 for Estonia; (iii) EUR 1160000 for Hungary; (iv) EUR 9270000 for Poland; (v) EUR 4000000 for Romania; (vi) EUR 540000 for Slovakia.

3 The maximum of the costs to be reimbursed to the Member States for the programmes referred to in paragraph 1 shall on average not exceed: (a)for a serological test:EUR 12 per test;(b)for a test to detect tetracycline in bone:EUR 12 per test;(c)for a fluorescent antibody test (FAT):EUR 18 per test;(d)for the purchase of oral vaccine plus baits:EUR 0,60 per dose;(e)for the distribution of oral vaccine plus baits:EUR 0,35 per dose;(f)for the purchase of parenteral vaccine:EUR 1 per dose;(g)for the administration of rabies vaccines to grazing animals:EUR 1,50 per animal vaccinated, regardless of the number of doses used.

4 Notwithstanding paragraph 2 points (a) and (b) and paragraph 3, for the part of the Polish programme that will be implemented outside its territory, the financial contribution by the Union shall: (a) be granted only for the costs of the purchase and of the distribution of oral vaccine plus baits; (b) be at the rate of 100 %; and (c) not exceed EUR 1260000.

5 The maximum of the costs to be reimbursed for the costs referred to in paragraph 4 shall on average not exceed for the purchase and the distribution of oral vaccine plus baits EUR 0,95 per dose.

1 The multiannual programme for rabies submitted by Finland is hereby approved for the period from 1 January 2012 to 31 December 2014.

2 The second year of the multiannual programmes for the eradication of rabies submitted by Italy and Latvia is hereby approved for the period from 1 January 2012 to 31 December 2012.

3 The third year of the multiannual programmes for the eradication of rabies submitted by Lithuania and Austria is hereby approved for the period from 1 January 2012 to 31 December 2012.

4 The fifth year of the multiannual programme for the eradication of rabies submitted by Slovenia is hereby approved for the period from 1 January 2012 to 31 December 2012.

5 The financial contribution by the Union: (a) shall include a lump sum of EUR 5 per wild animal sampled; (b) shall be at the rate of 75 % of the costs to be incurred by each Member State referred to in paragraph 1 to 4 for the cost of: (i) carrying out laboratory tests for the detection of rabies antigen or antibodies; (ii) the isolation and characterisation of rabies virus; (iii) the detection of biomarker and the titration of vaccine baits; (iv) the purchase and distribution of oral vaccine plus baits; (v) the purchase and administration of parenteral vaccines to grazing animals; and (c) shall not exceed the following for the year 2012: (i) EUR 1600000 for Italy; (ii) EUR 1700000 for Latvia; (iii) EUR 2900000 for Lithuania; (iv) EUR 190000 for Austria; (v) EUR 810000 for Slovenia; (vi) EUR 360000 for Finland.

6 The maximum of the costs to be reimbursed to the Member States for the programmes referred to in paragraph 1 shall on average not exceed: (a)for a serological test:EUR 12 per test;(b)for a test to detect tetracycline in bone:EUR 12 per test;(c)for a fluorescent antibody test (FAT):EUR 18 per test;(d)for the purchase of oral vaccine plus baits:EUR 0,60 per dose;(e)for the distribution of oral vaccine plus baits:EUR 0,35 per dose;(f)for the purchase of parenteral vaccine:EUR 1 per dose;(g)for the administration of rabies vaccines to grazing animals:EUR 1,50 per animal vaccinated, regardless of the number of doses used.

7 Notwithstanding paragraph 5 points (a) and (b) and paragraph 6, for the parts of the Latvian, Lithuanian and Finnish multiannual programmes that will be implemented outside these Member States’ territories, the financial contribution by the Union shall: (a) be granted only for the costs for the purchase and the distribution of oral vaccine plus baits; (b) be at the rate of 100 %; and (c) not exceed for the year 2012: (i) EUR 520000 for Latvia; (ii) EUR 1260000 for Lithuania; (iii) EUR 80000 for Finland.

8 The maximum of the costs to be reimbursed for the costs referred to in paragraph 7 shall on average not exceed for the purchase and the distribution of oral vaccine plus baits EUR 0,95 per dose.

1 The multiannual programmes for Salmonellosis (zoonotic salmonella) in breeding and in laying flocks of Gallus gallus submitted by Poland is hereby approved for the period from 1 January 2012 to 31 December 2013.

2 The financial contribution by the Union: (a) shall include a lump sum of EUR 0,5 per official sample taken; (b) shall be at the rate of 50 % of the costs to be incurred by Poland referred to in paragraph 1 for the cost of the same measures as in paragraph 3 of Article 5. The maximum financial contribution for the measures set out in Article 5 by the Union shall not exceed EUR 2500000 for 2012.

3 The maximum of the costs to be reimbursed to Poland for the programmes referred to in paragraph 1 shall not exceed those set out in paragraph 4 of Article 5.

1 Without prejudice to the upper limits of the financial contribution by the Union provided for in Articles 1 to 12, the eligible expenditure covered by the measures referred to in those Articles shall be limited to the expenditure set out in the Annex.

2 Only costs incurred in the carrying out of the annual or multiannual programmes referred to in Articles 1 to 12 and paid before the submission of the final report by the Member States shall be eligible for co-financing by means of a financial contribution by the Union.

3 In order to receive the lump sum fixed in Articles 1 to 12 in its entirety Member States shall confirm that they paid all costs incurred in the performance of the activity or test and that none of the costs have been borne by a third party, other than a Competent Authority. If part of the costs has been borne by a third party, Member States shall indicate the percentage or proportion of the total costs borne by that third party. The lump sum paid shall be reduced accordingly.

4 Notwithstanding the provisions of paragraph 2, for the costs referred to in Articles 10(4) and 11(7), the Commission, upon the request of the concerned Member State, shall pay an advance of up to 60 % of the specified maximum amount within the three months following the receipt of the request.

1 The compensation to be paid to owners for the value of the animals culled or slaughtered and of the destroyed products shall be granted within 90 days from the date of: (a) the slaughter or culling of the animal; (b) the destruction of the products; or (c) the presentation of the completed claim by the owner.

2 Article 9(1), (2) and (3) of Commission Regulation (EC) No 883/2006 shall apply to compensation payments made after the period 90 days referred to in paragraph 1 of this Article.

1 The expenditure submitted by the Member States for a financial contribution by the Union shall be expressed in euro and shall exclude value added tax and all other taxes.

2 Where the expenditure of a Member State is in a currency other than the euro, the Member State concerned shall convert it into euro by applying the most recent exchange rate set by the European Central Bank prior to the first day of the month in which the application is submitted by the Member State.

1 The financial contribution by the Union for the annual and multiannual programmes referred to in Articles 1 to 12 (‘the programmes’) shall be granted provided that the Member States concerned: (a) implement the programmes in accordance with the relevant provisions of Union law, including rules on competition and on the award of public contracts; (b) bring into force by 1 January 2012 at the latest the laws, regulations and administrative provisions necessary for implementing the programmes; (c) forward to the Commission by 31 July 2012 at the latest, the intermediate technical and financial reports for the programmes, in accordance with Article 27(7)(a) of Decision 2009/470/EC, covering the period from 1 January 2012 to 30 June 2012; (d) only for the programmes referred to in Article 8, report to the Commission the positive and negative results of investigations detected during their surveillance of poultry and wild birds through the Commission online system, every six months, in accordance with Article 4 of Commission Decision 2010/367/EU ; (e) forward an annual detailed technical report to the Commission for the programmes in accordance with Article 27(7)(b) of Decision 2009/470/EC by 30 April 2013 at the latest on the technical execution of the programme concerned accompanied by justifying evidence as to the costs paid by the Member State and the results attained during the period from 1 January 2012 to 31 December 2012; (f) implement the programmes efficiently; (g) do not submit further requests for other contributions from the Union for those measures, and have not previously submitted such requests.

2 Where a Member State does not comply with paragraph 1, the Commission may reduce the financial contribution by the Union having regard to the nature and gravity of the infringement, and to the financial loss for the Union.

This decision constitutes a financing decision in the meaning of Article 75 of the Financial Regulation.

This Decision shall apply from 1 January 2012.

This Decision is addressed to the Member States.