Commission Regulation (EC) No 2713/1999 of 20 December 1999 derogating from Regulation (EEC) No 3444/90 laying down detailed rules for granting private storage aid for pigmeat
Date: 1999-12-20
Institutions: European Commission
Subjects: Belgium, derogation from EU law, pigmeat, private stock, storage premium

21. 12. 1999

EN

Official Journal of the European Communities

L 327/31

COMMISSION REGULATION (EC) No 2713/1999

of 20 December 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 7(2) thereof,

Whereas:

(1)

(2)

(3)

Article 4(1) of Commission Regulation (EEC) No 3444/
90 of 27 November 1990 laying down detailed rules for
granting private storage aid for 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.
Article 5 of that Regulation defines the primary require-
ments to be complied with by operators. Article 6 of
that Regulation stipulates that the aid may be reduced or
not paid if
the quantity actually stored during the
contractual storage period is less than the contractual
quantity;

Commission Decisions 1999/551/EC (5), as amended by
Decision 1999/601/EC (6), and 1999/640/EC (7)
lay
down measures to protect certain products of animal
origin intended for human or animal consumption from
contamination by dioxin;

a small number of operators who concluded private
storage contracts pursuant to Commission Regulation
(EC) No 2042/98 of 25 September 1998 on special
conditions for the granting of private storage aid for
pigmeat (8), as amended by Regulation (EC) No 2619/
98 (9), have not been able to respect their contractual
commitments because of the protection measures linked
to the contamination by dioxin of certain products
intended for human consumption and the slaughtering
ban imposed by the Belgian authorities;

(PCB) analyses or owing to the absence of evidence that
the meat is of sound and fair merchantable quality in
accordance with Article 2(2) of Regulation (EEC) No
3444/90;

if operators are not to be disproportionately penalised in
the light of the above quite exceptional circumstances,
the rules normally applicable in such circumstances, as
laid down in Regulation (EEC) No 3444/90, should not
be applied;

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

(5)

(6)

HAS ADOPTED THIS REGULATION:

Article 1

By derogation from Article 4(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 protective measures imposed by Decision
1999/551/EC may have a further 21 days in which to
complete such placing.

Article 2

The securities lodged under Regulation (EC) No 2042/98 in
respect of private storage aid applications with a view to the
conclusion of private storage contracts for which the primary
requirement within the meaning of Article 5 of Regulation
(EEC) No 3444/90 could not be complied with because of the
protective measures imposed by Decision 1999/640/EC and
the slaughtering ban imposed by the Belgian authorities shall
be released for the quantities not actually stored.

(4)

because of those measures some or all of the quantities
put into storage have been excluded from the grant of
aid owing to the results of polychlorinated biphenyl

Article 3

(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 209, 7.8.1999, p. 42.
(6) OJ L 232, 2.9.1999, p. 33.
(7) OJ L 253, 28.9.1999, p. 19.
(8) OJ L 263, 26.9.1998, p. 12.
(9) OJ L 329, 5.12.1998, p. 9.

By derogation from Article 6 of Regulation (EEC) No 3444/90,
if the quantity actually stored under Regulation (EC) No 2042/
98 during the contractual storage period is lower than the
contractual quantity because of
the protective measures
imposed by Decision 1999/640/EC and the slaughtering ban
imposed by the Belgian authorities, the aid shall be paid for the
quantity actually stored.

L 327/32

EN

Official Journal of the European Communities

21. 12. 1999

Article 4
By derogation from Article 6(3) of Regulation (EEC) No 3444/
90, where some or all of the quantities stored under Regulation
(EC) No 2042/98 have been excluded from the grant of aid
owing to the results of PCB analyses stipulated by Decision
1999/640/EC or
requested by the competent authorities
pursuant to Article 2(2) of Regulation (EEC) No 3444/90, the
aid shall be paid, where appropriate, for the quantity which has
not been excluded because of those results. The security shall
be released in its entirety.

Article 5
This Regulation shall apply at the request of operators who can
prove to the satisfaction of the competent authority that they
have experienced the difficulties referred to in Articles 1, 2, 3
and 4 of this Regulation during performance of their private

storage contracts concluded under Regulation (EC) No 2042/98
as a result of the protective measures imposed by Decisions
1999/551/EC and 1999/640/EC and the slaughtering 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 (1) and the results of the PCB analyses referred to in
Article 4.

Article 6

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

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

Done at Brussels, 20 December 1999.

For the Commission

Franz FISCHLER

Member of the Commission

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