Commission Regulation (EC) No 370/98 of 17 February 1998 adopting exceptional support measures for the market in pigmeat in Germany
Date: 1998-02-17
Institutions: European Commission
Subjects: Germany, animal plague, production aid, slaughter of animals, swine

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Official Journal of the European Communities

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COMMISSION REGULATION (EC) No 370/98

of 17 February 1998

adopting exceptional support measures for the market in pigmeat in Germany

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 3290/94 (2), and in particular Article 20 and the
second paragraph of Article 22 thereof,

Whereas, because of the outbreak of classical swine fever
in certain production regions in Germany, and in partic-
ular in the Land of Mecklenburg-Western Pomerania,
the Commission imposed veterinary and trading restric-
tions in certain areas of the Land by Decision 98/104/EC
of 28 January 1998 concerning certain protection meas-
in Germany (3);
ures relating to classical swine fever
whereas, as a result, in those areas the marketing of live
pigs and in particular piglets which are in surplus is
temporarily banned;

Whereas restrictions on the free movement of goods
resulting from the application of veterinary measures are
likey to bring about a serious disturbance of the pigmeat
market in Germany; whereas exceptional market support
measures, to apply for no longer than is strictly necessary,
must accordingly be adopted with respect solely to live
animals from the affected areas;

Whereas, with the aim of preventing a further spread of
the disease, the pigs produced in the said zones should be
separated from normal trade in products intended for
human consumption and processed into products
intended for uses other than human consumption,
in
accordance with the provisions laid down in Article 3 of
Council Directive 90/667/EEC (4), as amended by Dir-
ective 92/118/EEC (5);

Whereas it is appropriate to grant aid for the delivery to
the competent authorities of piglets coming from the
affected zones and to introduce arrangements for fixing
the aid on the basis of the weekly market rates for piglets
in the new Länder;

Whereas in view of the extent of the disease and, in
particular, of its duration, and consequently of the magni-
tude of the efforts needed to support the market, it would

(1) OJ L 282, 1. 11. 1975, p. 1.
(2) OJ L 349, 31. 12. 1994, p. 105.
(3) OJ L 25, 31. 1. 1998, p. 98.
(4) OJ L 363, 27. 12. 1990, p. 51.
(5) OJ L 62, 15. 3. 1993, p. 49.

be appropriate for expenditure to be shared by the
Community and the Member State concerned;

Whereas provision should be made for
the German
authorities to adopt all necessary control and surveillance
measures and to inform the Commission accordingly;

Whereas the rapid application of the exceptional market
support measures is one of the best means of combating
the spread of classical swine fever; whereas this justifies
the measures provided for in this
the application of
Regulation from 31 January 1998;

Whereas the measures provided for in this Regulation are
the Management
in accordance with the opinion of
Committee for Pigmeat,

HAS ADOPTED THIS REGULATION:

Article 1

From 31 January 1998 producers may benefit, on
from aid granted by the competent German

1.
request,
authorities for the delivery of:

(cid:190) piglets falling within CN code 0103 91 10 weighing

25 kilograms or more on average per batch,

(cid:190) young piglets falling within CN code 0103 91 10
weighing 8 kilograms or more on average per batch.

2.
Seventy per cent of the expenditure related to this
aid shall be financed by the Community budget, for a
total maximum number of piglets as laid down in Annex
I.

Article 2

Only piglets raised in the administrative regions listed in
Annex II to this Regulation can be delivered, provided
that the veterinary provisions laid down by Decision 98/
104/EC apply in the regions on the day the animals are
delivered.

Article 3

On the day they are delivered,
weighed and killed in such a way as to prevent
disease from spreading.

the animals shall be
the

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They shall be transported without delay to a rendering
plant and processed into products falling within CN
codes 1501 00 11, 1518 00 and 2301 10 00, in accordance
with the provisions laid down in Article 3 of Directive
90/667/EEC.

These operations shall be carried out under the per-
manent supervision of the competent German author-
ities.

Article 4

1.
For piglets weighing 25 kilograms or more on
average per batch, the aid provided for in Article 1(1), per
head at farm gate, shall be equal to the average price for
piglets in the 25 kilograms weight category, recorded on
the markets of
the new Länder during the week
preceding the delivery of the piglets to the competent
authorities and published each week by the ZMP in its
booklet Vieh und Fleisch (Livestock and meat).

2.
For piglets and young piglets in other weight cat-
egories, the aid shall be equal to the aid fixed pursuant to
paragraph 1:

(a)

less 15 % for piglets weighing less than 25 kilograms
but more than 24 kilograms on average per batch;

(b) less 20 % for young piglets weighing 8 kilograms or

(c)

less 30 % for young piglets weighing less than 8
kilograms but more than 7,6 kilograms on average per
batch.

Article 5

The competent German authorities shall adopt all meas-
ures necessary to ensure compliance with the provisions
of this Regulation and in particular with Article 2 thereof.
They shall inform the Commission accordingly as soon
as possible.

Article 6

The competent German authorities
send the
Commission each Wednesday the following information
concerning the previous week:
(cid:190) the number and total weight of piglets and young

shall

piglets delivered,

(cid:190) the aid for the piglets referred to in Article 4(1).

Article 7

This Regulation shall enter into force on the day of its
publication in the Official Journal of the European
Communities.

more on average per batch;

It shall apply with effect from 31 January 1998.

This Regulation shall be binding in its entirety and directly applicable in all Member
States.

Done at Brussels, 17 February 1998.

For the Commission
Franz FISCHLER

Member of the Commission

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ANNEX I

Total maximum number of piglets from 31 January 1998:

Piglets and young piglets

15 000 head

ANNEX II

In the Land of Mecklenburg-Western Pommerania, the administrative regions listed in the Annex to
Decision 98/104/EC.