2002R0416 — EN — 16.04.2002 — 002.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COMMISSIONREGULATION(EC)No416/2002
of5March2002
adoptingexceptionalsupportmeasuresforthepigmeatmarketinSpain
(OJ L 63, 6.3.2002, p. 19)
Amended by:
Official Journal
No page date
►M1Commission Regulation (EC) No 574/2002 of 3 April 2002 L 87 26 4.4.2002
►M2Commission Regulation (EC) No 737/2002 of 29 April 2002 L 113 11 30.4.2002
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COMMISSIONREGULATION(EC)No416/2002
of5March2002
adopting exceptional support measures for the pigmeat market in
Spain
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 2759/75 of 29 October
1975 on the common organisation of the market in pigmeat(1), as last
amended by Regulation (EC) No 1365/2000(2), and in particular
Article 20 and the second paragraph of Article 22 thereof,
Whereas:
(1)The Spanish authorities have established protection and surveil-
lance zones under Articles 9, 10 and 11 of Council Directive
2001/89/EC of 23 October 2001 on Community measures forthe control of classical swine fever(
3) on account of outbreaks
of classical swine fever in certain production regions in Spain.As a consequence, the marketing of live pigs, fresh pigmeat
and pigmeat products that have not undergone heat treatment is
temporarily prohibited in those zones.
(2)The restrictions on the free movement of goods resulting fromthe application of veterinary measures are likely to cause seriousdisturbance of the pigmeat market in Spain. As a consequence,
exceptional market support measures applying solely to live
animals from the zones directly affected must be adopted forthe time strictly necessary.
(3)With a view to preventing the disease from spreading anyfurther, pigs reared in the zones concerned should be excluded
from normal trade in products for human consumption and
processed into products intended for uses other than humanconsumption in accordance with Article 3 of Council Directive90/667/EEC of 27 November 1990 laying down the veterinaryrules for the disposal and processing of animal waste, for its
placing on the market and for the prevention of pathogens in
feedstuffs of animal or fish origin and amending Directive 90/425/EEC(
4), as last amended by the Act of Accession of Austria,
Finland and Sweden.
(4)Aid should be granted for the delivery to the competent authori-
ties of pigs for fattening and piglets from the zones concerned.
(5)In view of the extent of the disease, and in particular its dura-
tion, and accordingly of the scale of the market-support effortsrequired, the cost of the aid actually paid to the producers shouldbe shared between the Community and the Member State
concerned.
(6)Provision should be made for the Spanish authorities to apply all
controls and surveillance measures required and to inform theCommission accordingly.
(7)Restrictions on the free movement of live pigs have applied forseveral weeks in the zones concerned, which has lead to asubstantial increase in the animals' weight and has consequentlybrought about an intolerable animal-welfare situation. ThisRegulation should therefore apply from 18 February 2002.
(8)With a view to ensuring sound financial management of thesupport measures, a ceiling should be put on the aid for pigsfor fattening weighing more than 120 kg in order to preventing2002R0416 — EN — 16.04.2002 — 002.001 — 2
(1) OJ L 282, 1.11.1975, p. 1.
(2) OJ L 156, 29.6.2000, p. 5.
(3) OJ L 316, 1.12.2001, p. 5.
(4) OJ L 363, 27.12.1990, p. 51.
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any misuse of the support measures through fattening for an
excessively lengthy and unwarranted period. However, theceiling should apply from 1 April 2002 only, when the time for
delivering heavy pigs should have returned to normal.
(9)The measures provided for in this Regulation are in accordancewith the opinion of the Management Committee for Pigmeat,
HAS ADOPTED THIS REGULATION:
Article 1
1. From 18 February 2002, producers may be eligible, on applica-
tion, for aid granted by the competent Spanish authorities for thedelivery to them of pigs for fattening covered by CN code 0103 92 19and weighing 110 kg or more on average per batch.
2. From 18 February 2002, producers may be eligible, on applica-
tion, for aid granted by the competent Spanish authorities on deliveryto them of piglets covered by CN code 0103 91 10 and weighing 8 kgor more on average per batch.
3. 50 % of the expenditure on such aid covering the total maximum
number of animals laid down in Annex I shall be financed by the
Community budget. However, where an amount fixed by the Spanishauthorities to cover the costs of the measures provided for in Article 3is deducted from the aid provided for in paragraphs 1 and 2, theCommunity contribution shall be limited to 50 % of the expenditureon the aid actually paid to the producers.
Article 2
Only animals reared in the protection and surveillance zones located
within the administrative regions listed in Annex II hereto may bedelivered, provided that the veterinary provisions laid down by theSpanish authorities apply in those zones on the day the animals aredelivered.
Article 3
On the day they are delivered, the animals shall be weighed and
slaughtered in such a way as to prevent the disease from spreading.
They shall be transported forthwith to a rendering plant and processed
into products covered by CN codes 150100 11, 1506 0000 or2301 10 00 in accordance with Article 3 of Directive 90/667/EEC.
However, the animals may be transported to a slaughterhouse for
immediate slaughter and then stored in a cold store before they aretransported to the rendering plant. Slaughter and storage must takeplace in accordance with Annex III.
The operations shall be carried out under the continuous monitoring of
the competent Spanish authorities.
Article 4
1. The aid provided for in Article 1(1) on pigs for fattening
weighing 110 kg or more on average per batch shall be equal to themarket price at the farm gate for slaughtered pigs of grade E withinthe meaning of Article 4(2) of Regulation (EEC) No 2759/75 andCommission Regulations (EEC) No 3537/89(
1) and (EEC) No 2123/
89(2), as recorded in Spain during the week preceding the delivery of
the pigs for fattening to the competent authorities, less transport costsof EUR 1,3 per 100 kg carcase weight.2002R0416 — EN — 16.04.2002 — 002.001 — 3
(1) OJ L 347, 28.11.1989, p. 20.
(2) OJ L 203, 15.7.1989, p. 23.
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The aid shall be calculated on the basis of the carcase weight recorded.
However, where the animals are weighed live only, the aid shall bemultiplied by a coefficient of 0,81.
2. The aid on pigs for fattening as referred to in Article 1(1) and
weighing more than 120 kg on average may not exceed the aid fixedin accordance with paragraph 1 of this Article on pigs for fatteningweighing 120 kg on average.
3. The aid provided for in Article 1(2) on piglets weighing 8 kg or
more but less than 16 kg on average per batch shall be calculated onthe basis of the price per kilogram at the farm gate for ‘Lérida piglets’
of the 15 kg category, as recorded on the ‘Mercolérida’ market during
the week preceding the delivery of the piglets to the competent autho-rities.
The aid provided for in Article 1(2) on piglets weighing 16 kg or more
but less than 25 kg on average per batch shall be calculated on thebasis of the price per kilogram at the farm gate for piglets of the 20 kg
‘Selecto’ category, as recorded on the Segovia market during the week
preceding the delivery of the piglets to the competent authorities.
The aid on piglets weighing 25 kg or more on average per batch may
not exceed the aid fixed in accordance with the second subparagraphfor piglets weighing 25 kg on average.
Article 5
The competent Spanish authorities shall take all measures necessary to
ensure compliance with this Regulation and in particular with Article 2thereof. They shall inform the Commission accordingly as soon aspossible.
Article 6
Each Wednesday the competent Spanish authorities shall send the
Commission the following particulars in respect of the previous week:
— the number and total weight of:
pigs for fattening delivered,
piglets delivered,
— aid as provided for in the first subparagraph of Article 4(1) and the
first and second subparagraphs of Article 4(3).
Article 7
This Regulation shall enter into force on the day of its publication in
theOfficial Journal of the European Communities .
It shall apply from 18 February 2002. However, Article 4(2) shall
apply from 1 April 2002.
This Regulation shall be binding in its entirety and directly applicable
in all Member States.2002R0416 — EN — 16.04.2002 — 002.001 — 4
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ANNEXI
Pigs for fattening: 200000 head
Piglets: 170000 head2002R0416 — EN — 16.04.2002 — 002.001 — 5
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ANNEXII
In the province of Barcelona, the protection and surveillance zones defined in
Annexes I and II of the ‘Ordre’ of the Generalitat de Cataluña of 9 April 2002,
published in DOGC (Diari Oficial de la Generalitat de Catalunya) No 3614 of
12 April 2002, p. 6317.2002R0416 — EN — 16.04.2002 — 002.001 — 6
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ANNEXIII
1. The transport of the animals from the farm and their slaughter are to be
monitored continuously by the competent Spanish authorities. On the day of
delivery, the animals are to be weighed by load and slaughtered at a slaugh-
terhouse.
2. The animals are to be slaughtered but no other operations connected with
slaughter are to be performed. The dead pigs are to be transported immedi-
ately from the slaughterhouse to the rendering plant. Transport must take
place in sealed lorries, which are to be weighed on departure from the
slaughterhouse and on arrival at the rendering plant.
3. The dead pigs are to be sprayed with a denaturing product (methylene blue)
to ensure that the meat is not used for human consumption.
4. Slaughter, transport to cold stores, freezing and storage, including removal
from storage and transport to the rendering plant, are to be carried out under
continuous monitoring by the competent Spanish authorities.
5. Transport from the slaughterhouse to the cold store is to take place in lorries
sealed and disinfected under continuous monitoring by the competent
Spanish authorities.
The lorries are to be weighed both empty and loaded, at the slaughterhouse
and at the cold store.
6. Storage is to take place in cold stores closed and sealed by the competent
Spanish authorities. No other products may be kept in such stores.
7. As soon as capacity becomes available at the rendering plant, the dead pigs
are to be transported to it. This is to take place in lorries sealed under contin-
uous monitoring by the competent Spanish authorities or on their behalf. The
lorries are to be weighed both empty and loaded, at the cold store and at the
rendering plant.2002R0416 — EN — 16.04.2002 — 002.001 — 7