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
Date: 1991-02-18
Institutions: European Commission
Subjects: investment aid, support policy, swine

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 

HAS ADOPTED THIS REGULATION : 

-  4 

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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