Commission Regulation (EC) No 1046/2001 of 30 May 2001 adopting exceptional support measures for the markets in pigmeat and veal in the Netherlands
Date: 2001-05-30
Institutions: European Commission
Subjects: Netherlands, State aid, aid system, beef, foot-and-mouth disease, pigmeat

31.5.2001

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Official Journal of the European Communities

L 145/31

COMMISSION REGULATION (EC) No 1046/2001

of 30 May 2001

adopting exceptional support measures for the markets in pigmeat and veal in the Netherlands

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 1365/
2000 (2), and in particular Articles 20 and 22, second para-
graph thereof,

Having regard to Council Regulation (EEC) No 1254/1999 of
17 May 1999 on the common organisation of the market in
beef and veal (3), and in particular Articles 39 and 41 thereof,

Whereas:

(1)

(2)

Because of the outbreak of foot and mouth disease in
certain production regions in the Netherlands, protec-
tion and surveillance zones have been established by the
Dutch authorities pursuant
to Article 9 of Council
Directive 85/511/EEC of 18 November 1985 intro-
control of
ducing Community measures
foot-and-mouth disease (4), as last amended by the Act
of Accession of Austria, Finland and Sweden. Conse-
quently, in these zones the trade in calves and pigs is
temporarily prohibited.

the

for

Restrictions on the free movement of goods resulting
from the application of veterinary measures are likely to
bring about a serious disturbance of the pigmeat and
veal markets in the Netherlands. 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.

(3) With the aim of preventing a further spread of the
disease, the pigs and calves 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 consump-
tion,
in accordance with the provisions laid down in
Article 3 of Council Directive 90/667/EEC (5), amended
by Directive 92/118/EEC (6).

(4)

It is likely that the swift and effective implementation of
the exceptional support measures will come up against
problems of capacity in the rendering plants which are

(1) OJ L 282, 1.11.1975, p. 1.
(2) OJ L 156, 29.6.2000, p. 5.
(3) OJ L 160, 26.6.1999, p. 21.
(4) OJ L 315, 26.11.1985, p. 11.
(5) OJ L 363, 27.12.1990, p. 51.
(6) OJ L 62, 15.3.1993, p. 49.

to process the live animals. It should accordingly be
made possible to store the slaughtered animals in cold
stores and the conditions of surveillance and inspection
to be met during such operations should be specified.

It is appropriate to grant an aid for the delivery to the
competent authorities of fattened pigs, piglets and calves
coming from the affected zones.

It is certain that the veterinary and trading restrictions
will continue for several months; it is therefore reason-
able and justified to interrupt the production of piglets
by banning the insemination of sows, thus avoiding the
need to slaughter piglets in a few months' time, and
reducing the pig density and thus the risk of future
spread of the disease.

It is appropriate to introduce such a ban on insemina-
tion for producers who deliver piglets into the present
support scheme. The producers must keep non-covered
sows on their holding until the ban is lifted and they
may recommence the production of piglets. It is there-
fore justified to offset the costs incurred in maintaining
those sows by means of aid granted for each months of
the period in which the ban on insemination applies.

The competent Dutch authorities must adopt the neces-
sary measures to enable that aid to be granted, whilst
using, as regards the lodging of applications, inspection
measures and penalties, the provisions of Commission
Regulation (EEC) No 3887/92 of 23 December 1992
laying down detailed rules for applying the integrated
certain
control
administration
Community aid schemes (7), as last amended by Regula-
tion (EC) No 2721/2000 (8) by analogy.

system for

and

In view of the extent of the disease and, in particular, of
its duration, and consequently of the magnitude of the
efforts needed to support the market, it would be appro-
priate for such efforts to be shared by the Community
and the Member State concerned.

(5)

(6)

(7)

(8)

(9)

(10)

Provisions should be made for the Dutch authorities to
adopt all necessary control and surveillance measures
and to inform the Commission accordingly.

(7) OJ L 391, 31.12.1992, p. 36.
(8) OJ L 314, 14.12.2000, p. 8.

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Official Journal of the European Communities

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(11)

The restrictions on the free movement of pigs and calves
have been operative for several weeks in the zones in
question, provoking a substantial increase in the weight
of the animals and consequently leading to an intoler-
able situation where the welfare of
the animals is
concerned. The retroactive application of this Regulation
from 27 April 2001 is therefore justified.

(12)

The measures provided for in this Regulation are in
accordance with the opinion of the Joint Management
Committee for Pigmeat, Beef and Veal,

the provisions laid down in Article 3 of Council Directive
90/667/EEC.

However, the animals may be transported to a slaughterhouse
where they shall be slaughtered immediately and may be stored
in a cold store prior to transport
to the rendering plant.
Slaughter and storage must be carried out in accordance with
Annex II hereto.

These operations shall be carried out under the permanent
supervision of the competent Dutch authorities.

HAS ADOPTED THIS REGULATION:

Article 4

Article 1

1.
From 27 April 2001 producers may benefit, on request,
from an aid granted by the competent Dutch authorities for the
delivery of fattened pigs falling under CN code 0103 92 19
weighing 80 kilograms or more on average per batch.

2.
From 27 April 2001 producers may benefit, on request,
from an aid granted by the competent Dutch authorities for the
delivery to them of piglets falling under CN code 0103 91 10.
By derogation to the provisions of the combined nomenclature,
the weight of the piglets may be higher than 50 kilograms, but
not more than 60 kilograms on average per batch. Only piglets
can be delivered which are not fattened in a closed circuit
holding or which can not be used by a closed circuit holding
for its own purpose.

3.
From 27 April 2001 producers may benefit, on request,
from an aid granted by the competent Dutch authorities for the
delivery to them of calves under 12 months of age falling
under CN code 0102 90.

Article 2

Only live animals raised in the protection and surveillance
zones located within the administrative regions listed in Annex
I to this Regulation can be delivered, provided that the veter-
inary provisions laid down by the Dutch authorities apply in
the zones on the day the animals are delivered, that the animals
are not vaccinated against foot and mouth disease, and on the
condition that on the day of delivery the transport of animals
from the farm to the slaughterhouse pursuant to the conditions
laid down in Article 9(2) and (3) of Directive 85/511/EEC is
not permitted.

Article 3

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

They shall be transported without delay to a rendering plant
and processed into products
falling within CN codes
1501 00 11, 1506 00 00 and 2301 10 00, in accordance with

1.
The aid for fattened pigs provided for in Article 1(1), at
farm gate, shall be EUR 113 per 100 kilograms live weight on
average per batch.

For fattened pigs weighing more than 120 kilograms on
average per batch, the aid cannot be higher than the aid fixed
for fattening pigs weighing 120 kilograms on average per
batch.

The aid for piglets provided for in Article 1(2), at farm
2.
gate shall be EUR 20 per head plus EUR 0,95 per kilogram
live weight on average per batch per animal.

For piglets weighing more then 25 kilograms on average per
batch, the aid cannot be higher than the aid fixed for piglets
weighing 25 kilograms on average per batch.

The aid for calves provided for in Article 1(3), at farm
3.
gate, shall be EUR 200 per 100 kilograms live weight. For
calves weighing more than 260 kilograms on average per
batch, the aid cannot be higher than the aid fixed for calves
weighing 260 kilograms on average per batch.

Article 5

1.
Producers who benefit from the aid for piglets provided
for in Article 1(2) are subject as regards their sows, to the ban
on insemination introduced by the Dutch authorities for those
producers. They may benefit, on request, from aid granted by
the competent Dutch authorities for sows on their holding
which are subject to this ban.

The aid shall be EUR 35 per sow per month. It shall be
2.
granted for eligible sows kept on the applicant's holding
throughout the duration of the ban on insemination and for
four months following the lifting of the ban.

Each sow shall remain uncovered for a period at least as long
as the ban on insemination. The number of months for which
the aid is granted shall be equal to the duration of the ban on
insemination. The aid may be paid out after the end of the
period mentioned in the first subparagraph at the earliest.

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The Dutch authorities shall adopt all necessary measures
3.
to apply the aid referred to in paragraph 1,
in particular
provisions relating to the definition of eligible animals and
their identification.

As regards the lodging of applications, inspection measures and
penalties, Article 5, Article 6(1),
(3) and (4) and the first
subparagraph of Article 6(5), Articles 7a first and second para-
graph, Article 7b, Article 8, Article 10(2), (3) and (5), Article
10b, Article 10e first paragraph and Articles 11 and 14 of
Regulation (EEC) No 3887/92 laying down detailed rules for
applying the integrated administration and control system for
certain Community aid schemes shall apply.

However, in the event of force majeure as referred to Article
the natural circumstances clause
10(4) and application of
referred to in Article 10(5) of the said Regulation, the aid shall
be granted only for the period in which the eligible sow was
kept on the holding.

4.
Producers may receive on request, an advanced payment
limited to 80 % of the amount provided for in
on the aid,
paragraph 2, calculated for two months. The Dutch authorities
shall take the necessary measures to ensure the recovery of
advanced payments unduly granted.

Any payment of the aid provided for in Article 1 after this date
is not eligible for Community financing.

However, the total Community financial contribution must not
exceed EUR 80 million.

Article 7

The competent Dutch authorities shall adopt all measures
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 8

The competent Dutch authorities shall send the Commission
each Wednesday the following information concerning the
previous week:

— number and total weight of fattened pigs delivered,

— number and total weight of piglets delivered,

— number and total weight of calves delivered,

— number of sows falling under the insemination ban.

Article 6

Article 9

Fifty percent of the expenditure on the aids provided for in this
Regulation shall be covered by the Community budget, under
the condition that the payment of the aid provided for in
Article 1 is executed and declared before 15 October 2001.

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

It shall apply from 27 April 2001.

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

Done at Brussels, 30 May 2001.

For the Commission

Franz FISCHLER

Member of the Commission

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ANNEX I

The protection and surveillance zones Oene, Kootwĳkerbroek, Ee and Anjum as laid down in the Annex of the Dutch
Regulation ‘Regeling verbodsbepalingen aangewezen toezichtsgebieden mond- en klauwzeer 2001’ in its version of 27
April 2001.

ANNEX II

1. The controls currently laid down are to apply to the transport of the animals from the farm and their slaughter. On the

day of delivery, the animals are to be weighed by load and slaughtered in a slaughterhouse.

2. The animals are to be slaughtered and the blood and offal discarded. The latter are to be transported immediately and
separately from the slaughterhouse to the rendering plant. Transport must take place in sealed lorries, which are to be
weighed on departure from the slaughterhouse and on arrival at the rendering plant.

3. Carcass and half-carcases may be cut into several parts in order to allow an orderly storage. Each part is to be sprayed
with a denaturing product (methylene blue) to ensure that the meat is not used for human consumption.

4. Slaughter, transport to cold stores, freezing and storage, including removal from storage and transport to the rendering

plant, are to be carried out under the permanent supervision of the competent Dutch authorities.

5. Transport from the slaughterhouse to the cold store is to take place in lorries sealed and disinfected under the

permanent supervision of the competent authorities.

The lorries are to be weighed both empty and loaded, at the slaughterhouse and at the cold store.

6. Storage is to take place in cold store compartments closed and sealed by the competent Dutch authorities. No other

products can be stored in the same compartments.

7. As soon as capacity becomes available at the rendering plant, the carcases, half-carcases or cuts are to be transported
to the latter. This is to take place in lorries sealed under the permanent supervision of the competent Dutch authorities
or on their behalf. The lorries are to be weighed both empty and loaded, at the cold store and the rendering plant.

8. By way of derogation form the provisions referred to in point 2, the blood and offal may be stored in a refrigerated
warehouse or other storage place before its transport to the rendering plant subject to compliance with the transport
rules referred to in point 2 and recording of entries into and exits from those places.