Commission Regulation (EC) No 1649/1999 of 27 July 1999 derogating from Regulation (EEC) No 3444/90 laying down detailed rules for granting private storage aid for pigmeat
Date: 1999-07-27
Institutions: European Commission
Subjects: food contamination, pigmeat, slaughter of animals, storage, toxic substance

28. 7. 1999

EN

Official Journal of the European Communities

L 195/15

COMMISSION REGULATION (EC) No 1649/1999

of 27 July 1999

derogating from Regulation (EEC) No 3444/90 laying down detailed rules for granting private
storage aid for pigmeat

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 4(6) and Article 5(4) thereof,

(1) Whereas Article 4(1) of Commission Regulation (EEC)
No 3444/90 of 27 November 1990,
laying down
for granting private storage aid for
detailed rules
pigmeat (3), as last amended by Regulation (EC) No
3533/93 (4), stipulates that placing in storage must be
completed not
later than 28 days after the date of
conclusion of the contract; whereas Article 5(5) of that
Regulation stipulates that where the time limit
for
placing in storage is exceeded the contract is to be
annulled and the security forfeit;

(2) Whereas Commission Decisions 1999/363/EC (5), 1999/
368/EC (6), 1999/389/EC (7), 1999/390/EC (8) and 1999/
449/EC (9), lay down measures to protect certain prod-
ucts of animal origin intended for human or animal
consumption from contamination by dioxin;

(3) Whereas operators having concluded private storage
contracts persuant to Commission Regulation (EC) No
2042/98 of 25 September 1998 on special conditions
for the granting of private storage aid for pigmeat (10), as
amended by Regulation (EC) No 2619/98 (11), have
experienced difficulties in starting or finishing placing in
storage within the specified time limit because of the
protection measures linked to the contamination by
dioxin of
intended for human
consumption and the slaughtering ban imposed by the
Belgian authorities during the period 3 to 13 June 1999;
whereas it is therefore necessary to extend by 21 days
the time limit for allowing unfinished placing in storage
to be completed or to allow placing in storage to begin
at a later date, so as to prevent contracts being cancelled
and securities being lost;

certain products

(1) OJ L 282, 1.11.1975, p. 1.
(2) OJ L 349, 31.12.1994, p. 105.
(3) OJ L 333, 30.11.1990, p. 22.
(4) OJ L 321, 23.12.1993, p. 9.
(5) OJ L 141, 4.6.1999, p. 24.
(6) OJ L 142, 5.6.1999, p. 46.
(7) OJ L 147, 12.6.1999, p. 26.
(8) OJ L 147, 12.6.1999, p. 29.
(9) OJ L 175, 10.7.1999, p. 70.
(10) OJ L 263, 26.9.1998, p. 12.
(11) OJ L 329, 5.12.1998, p. 9.

(4) Whereas this Regulation should be made to apply from
17 July 1999 so as to allow the Belgian authorities and
the operators to carry out placing in storage quickly;

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

HAS ADOPTED THIS REGULATION:

Article 1

By derogation from Article 5(1) of Regulation (EEC) No 3444/
90, operators who have concluded private storage contracts
pursuant to Regulation (EC) No 2042/98, but who have not
been able to complete placing in storage as a result of difficul-
ties linked to the slaughtering ban imposed during the period 3
to 13 June 1999 may have a further 21 days in which to
complete it.

Article 2

By derogation from Article 5(5) of Regulation (EEC) No 3444/
90, operators who have concluded private storage contracts
pursuant to Regulation (EC) No 2042/98 but who have not
been able to commence placing in storage as a result of diffi-
culties linked to the slaughtering ban imposed during the
period 3 to 13 June 1999 may commence placing in storage
no sooner than the third working day following the date on
which the application referred to in Article 3 is lodged, but no
later than 6 August 1999. The time limit for placing in storage
provided for in Article 4(1) of Regulation (EEC) No 3444/90
shall commence on the same day.

Article 3

This Regulation shall apply at the request of operators who can
prove to the satisfaction of the competent authority that they
have not been able to start or finish placing in storage within
the time limits laid down in Article 4 of Regulation (EEC)
No 3444/90 as a result of the protection measures taken
to Decisions 1999/363/EC, 1999/368/EC, 1999/
pursuant
389/EC, 1999/390/EC and 1999/449/EC and of the slaugh-
tering ban imposed by the Belgian authorities.

In evaluating the situation referred to in the first paragraph the
competent authorities shall use the commercial documents
referred to in Article 1(2) of Council Regulation (EEC) No
4045/89 (12).

(12) OJ L 388, 30.12.1989, p. 18.

L 195/16

EN

Official Journal of the European Communities

28. 7. 1999

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

It shall apply from 17 July 1999.

Article 4

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

Done at Brussels, 27 July 1999.

For the Commission

Franz FISCHLER

Member of the Commission