COMMISSION DECISION of 5 November 1993 for the purchase by the Community of foot-and-mouth disease antigens within the framework of the Community action concerning reserves of foot-and-mouth disease vaccines

(93/590/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 (1), as last amended by Commission Decision 93/439/EEC (2), and in particular Article 14 thereof,

Having regard to Council Decision 91/666/EEC of 11 December 1991 establishing Community reserves of foot-and-mouth disease vaccines (3), and, in particular, Articles 5 and 7 thereof,

Whereas, in conformity with Decision 91/666/EEC, the purchase of antigens is a part of the Community action to establish Community reserves of foot and mouth disease vaccines;

Whereas the Commission has issued a call for tenders for the supply of antigens;

Whereas the Commission has examined the submitted tenders taking into account the following factors:

- the technical requirements of Annex II to Decision 91/666/EEC and other criteria mentioned in Article 5 of that Decision,

- that some establishments are unable to supply the full number of doses of some antigens,

- the need for the producing establishment to be in full conformity with the guidelines for good manufacturing practices (GMP);

Whereas the Commission has selected Rhône-Mérieux to supply five million doses of each of subtypes A5, A22, O1 European strain and O1 Middle East strain as a first step; whereas the establishments which will supply the other strains in Annex I to Decision 91/666/EEC will be decided after a further call for tenders;

Whereas financial provisions should be made to allow the Commission to purchase these strains from Rhône-Mérieux;

Whereas, under the provisions of Article 7 of Decision 91/666/EEC, it is necessary to lay down the rules for the distribution of antigen reserves between the antigen banks, nominated in Article 1 of the said Decision;

Whereas it is appropriate that each strain should be divided equally between two banks; whereas the strains stored in each bank should be related geographically to the most likely area of risk;

Whereas in accordance with Article 40 of Council Decision 90/424/EEC, checks provided for in Articles 8 and 9 of Council Regulation (EEC) No 729/70 of 21 April 1970 concerning the financing of the common agricultural policy (4) shall apply; whereas, moreover, certain particular provisions should be made;

Whereas the measures provided for in this Decision are in accordance with the opinion of the Standing Veterinary Committee,

HAS ADOPTED THIS DECISION:

Article 1

1. The Community shall purchase five million doses of each of the following strains of foot-and-mouth disease antigen:

- A5 European,

- A22 Middle East,

- O1 Middle East,

- O1 European,

up to a maximum cost of ECU 4 065 million.

2. The antigen mentioned in paragraph 1 shall be supplied by Rhône-Mérieux, Pirbright Laboratory, Ash Road, Surrey, United Kingdom.

Article 2

1. To meet the objectives of Article 1, the Commission shall conclude a contract, in the name of the European Community, with Rhône-Mérieux.

2. The Director General of Directorate General for Agriculture shall be authorized to sign the contract on behalf of the Commission of the European Communities.

3. Payment to Rhône-Mérieux shall be made in accordance with the terms of the contract provided for in paragraph 1.

Article 3

The antigen shall be divided between the four antigen banks as follows:

(a) Bayer, Cologne and the Institute for Animal health, Pirbright: 2,5 million doses of each of O1 European strain and A5 in each bank;

(b) LNPB, Lyon and 1ZP, Brescia: 2,5 million doses of each of O1 Middle East strain and A22 in each bank.

Article 4

This Decision is addressed to the Member States.

Done at Brussels, 5 November 1993.

For the Commission

René STEICHEN

Member of the Commission

(1) OJ No L 224, 18. 8. 1990, p. 19.

(2) OJ No L 203, 13. 8. 1993, p. 34.

(3) OJ No L 368, 31. 12. 1991, p. 21.

(4) OJ No L 94, 28. 4. 1970, p. 13.