m* COMMISSION OF THE EUROPEAN COMMUNITIES 
C0M(91) 24 final 
Brussels, 18 February 1991 
Proposal for a 
COUNCIL REGULATION (EEC) 
amending Council Regulation (EEC) No.1191/89 derogating from 
Regulation (EEC) No.797/85 as regards certain 
Investment aids in the pig production sector 
(presented by the Commission) 
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EXPLANATORY MEMORANDUM 
1. Under Regulation (EEC) No.797/85 on improving the efficiency of 
agricultural structures investment aid for pig farms is subject to the 
requirement that the farm have enough land to produce at least 35% of the 
pigs' feed (the "35% clause"). 
2. In order to promote improvement of the health situation on pig farms in 
Community areas covered by swine fever eradication programmes and on pig 
farms in certain areas of Greece, Spain and Portugal where holdings are 
small or land unproductive, and the health aspect of pig farming is 
unsatisfactory, the Council on 27 April 1989 adopted, on a Commission 
proposal, Regulation (EEC) No.1191/89 enabIing the Commission to waive this 
35% requirement, if certain conditions were met, up to 31 December 1990. 
3. The Member States have been faced with substantial administrative problems 
in applying this derogation, worsened in the case of Belgium by a fresh 
outbreak of swine fever in the opening months of 1990 that obliged the 
Belgian authorities to organize the slaughter of 1.170.000 pigs. The 
health problems therefore remain, but only a small number of holdings have 
benefitted from the derogation. 
4. When it met on 6 November the Council accordingly asked the Commission to 
propose an extension of the derogation. 
5. Given the situation as indicated above, the Commission considers that a 
one-year extension of the derogation would be justified. 
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PROPOSAL FOR 
A COUNCIL REGULATION (EEC) 
amending Council Regulation (EEC) No.1191/89 derogating from 
Regulation (EEC) No.797/85 as regards certain 
investment aids in the pig production sector 
THE COUNCIL OF THE EUROPEAN COMMUNITIES 
Having regard to the-Treaty establishing the European Economic Community, and 
in particular Articles 42 and 43 thereof, 
Having regard to the proposal from the Commission, 
Having regard to the opinion of the European par Iiament,(1) 
Whereas the last subparagraph of Article 3(4) of Council Regulation (EEC) 
No.797/85 of 12 March 1985 on improving the efficiency of agricultural 
structures^2), as last amended by Regulation (EEC) No.3577/90^3), makes the 
granting of investment aid for pig production subject to a requirement that at 
least the equivalent of 35% of the pigs' feed can be produced on the holding; 
Whereas the difficulties on account of which Article 1 of Regulation (EEC) 
No.1l9l/89^4^, provides for a temporary derogation from the last subparagraph 
of Article 3(4) of Regulation (EEC) No.797/85 persist; whereas the period of 
validity of the derogation should therefore be extended, 
(1) OJ No. C. 
(2) OJ No. L 93, 30.03.1985, p. 1 
(3) OJ No. L353, 17.12.1990, p. 23 
(4) OJ No. L123, 04.05.1989, p. 1 
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HAS ADOPTED THIS REGULATION : 
Article 1 
The date of 31 December 1990 in Article 2 of Regulation (EEC) No.1191/89 is 
replaced by 31 December 1991. 
Article 2 
This Regulation shall enter into force on the day following its publication in 
the Official Journal of the European Communities. 
It shall apply with effect from 1 January 1991. 
This Regulation shall be binding in its entirety and direct I y appIicab le in 
a I I Member States. 
Done at Brussels, 
For the CounciI 
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ISSN 0254-1475 
COM(91) 24 final 
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