COMMISSION IMPLEMENTING REGULATION (EU) 2022/470

of 23 March 2022

granting aid for private storage for pigmeat and fixing the amount of aid in advance

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (1), and in particular Article 18(2) and Article 223(3), point (c), thereof,

Having regard to Council Regulation (EU) No 1370/2013 of 16 December 2013 determining measures on fixing certain aids and refunds related to the common organisation of the markets in agricultural products (2), and in particular Article 4(2), first subparagraph, point (b), thereof,

Whereas:

(1) The pigmeat sector has been in serious difficulties for a number of months. Severe slowdown of exports to China, further spread of African swine fever to more Member States and continuing impact of COVID-19 restrictions are causing pressure on the Union market for slaughter pigs.

(2) Russia’s invasion of Ukraine has created additional market disturbance and impacted severely the Union pigmeat exports. As a result, there has been a sharp drop of export demand for certain pigmeat products.

(3) In order to reduce the current supply-demand imbalance, it is appropriate to grant aid for private storage for pigmeat and to fix the amount of aid in advance.

(4) Commission Delegated Regulation (EU) 2016/1238 (3) and Commission Implementing Regulation (EU) 2016/1240 (4), which lay down specific rules for the implementation of the aid for private storage, should apply to the aid for private storage for pigmeat save as otherwise provided for in this Regulation.

(5) The amount of the aid should be fixed in advance so as to allow for a rapid and flexible operational system for the operators. In accordance with Article 4 of Regulation (EU) No 1370/2013, the amount of aid is to be fixed on the basis of storage costs and other relevant market elements. It is appropriate to set a fixed aid rate.

(6) For aid for private storage to be effective and have a real impact on the market, the aid should be granted only for the products that have not yet been placed in storage.

(7) In order to facilitate the management of the measure, the pigmeat products should be classified in categories according to similarities with regard to the level of storage cost.

(8) For reasons of administrative efficiency and simplification, the minimum quantity of products to be covered by each application should be fixed.

(9) A security should be fixed in order to ensure the operators fulfil their contractual obligations and that the measure will have its desired effect on the market.

(10) Article 42(1), point (b), of Implementing Regulation (EU) 2016/1240 provides that Member States are to notify the Commission of admissible applications once per week. In order to ensure transparency, monitoring and proper administration of the amounts available for the aid, more frequent notifications are necessary for the effective managing the scheme. A derogation from the notification frequency should therefore be provided for.

(11) In order to have an immediate impact on the market and to contribute to stabilise prices, this Regulation should enter into force on the day following that of its publication in the Official Journal of the European Union.

(12) The measures provided for in this Regulation are in accordance with the opinion of the Committee for the Common Organisation of the Agricultural Markets,

HAS ADOPTED THIS REGULATION:

Article 1 Scope 1. This Regulation provides for aid for private storage for pigmeat as referred to in Article 17, first paragraph, point (h), of Regulation (EU) No 1308/2013. 2. Delegated Regulation (EU) 2016/1238 and Implementing Regulation (EU) 2016/1240 shall apply, save as otherwise provided for in this Regulation.

Article 2 Eligible products 1. The list of categories of products eligible for aid and the relevant amounts of aid for a storage period are set out in the Annex. 2. Aid shall only be granted for quantities of fresh or chilled meat that have not yet been placed in storage.

Article 3 Submission of applications 1. Applications for aid for private storage for the categories of products eligible for aid set out in the Annex may be lodged as from the date of entry into force of this Regulation. The last date for the submission of applications shall be 29 April 2022. 2. Applications shall relate to a storage period of 60, 90, 120 or 150 days. 3. Each application shall refer to only one of the categories of products listed in the Annex, indicating the relevant CN code within each category. 4. Each application shall cover a minimum quantity of at least 10 tonnes for boned products and 15 tonnes for other products.

Article 4 Security The amount of the security required in accordance with Article 4, point (b), of Delegated Regulation (EU) 2016/1238 when submitting an application for aid for private storage shall be equal to 20 % of the amounts of aid set out in columns 3 to 6 of the table in the Annex to this Regulation.

Article 5 Frequency of notifications of the quantities applied for By way of derogation from the frequency laid down in Article 42(1), point (b), of Implementing Regulation (EU) 2016/1240, Member States shall notify the Commission twice a week of the quantities for which applications to conclude contracts have been submitted, as follows: (a) each Monday by 12.00 (Brussels time) the quantities for which applications have been submitted on Thursday and Friday of the preceding week; (b) each Thursday by 12.00 (Brussels time) the quantities for which applications have been submitted on Monday, Tuesday and Wednesday of the same week.

Article 6 Entry into force This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 23 March 2022. For the Commission The President Ursula VON DER LEYEN

(1) OJ L 347, 20.12.2013, p. 671.

(2) OJ L 346, 20.12.2013, p. 12.

(3) Commission Delegated Regulation (EU) 2016/1238 of 18 May 2016 supplementing Regulation (EU) No 1308/2013 of the European Parliament and of the Council with regard to public intervention and aid for private storage (OJ L 206, 30.7.2016, p. 15).

(4) Commission Implementing Regulation (EU) 2016/1240 of 18 May 2016 laying down rules for the application of Regulation (EU) No 1308/2013 of the European Parliament and of the Council with regard to public intervention and aid for private storage (OJ L 206, 30.7.2016, p. 71).