Commission Regulation (EC) No 416/2002 of 5 March 2002 adopting exceptional support measures for the pigmeat market in Spain
Date: 2002-03-05
Institutions: European Commission
Subjects: Spain, fattening, market support, pigmeat, production aid, swine

6.3.2002

EN

Official Journal of the European Communities

L 63/19

COMMISSION REGULATION (EC) No 416/2002

of 5 March 2002

adopting exceptional support measures for the pigmeat market in Spain

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 Article 20 and the second paragraph
of Article 22 thereof,

Whereas:

(1)

(2)

The Spanish authorities have established protection and
surveillance zones under Articles 9, 10 and 11 of
Council Directive 2001/89/EC of 23 October 2001 on
Community measures for the control of classical swine
fever (3) on account of outbreaks of classical swine fever
in certain production regions in Spain. As a conse-
quence, the marketing of live pigs, fresh pigmeat and
pigmeat products that have not undergone heat treat-
ment is temporarily prohibited in those zones.

The restrictions on the free movement of goods
resulting from the application of veterinary measures are
likely to cause serious disturbance of the pigmeat market
in Spain. As a consequence, exceptional market support
measures applying solely to live animals from the zones
directly affected must be adopted for the time strictly
necessary.

(3) With a view to preventing the disease from spreading
any further, pigs reared in the zones concerned should
be excluded from normal trade in products for human
consumption and processed into products intended for
uses other than human consumption in accordance with
Article 3 of Council Directive 90/667/EEC of 27
November 1990 laying down the veterinary rules for the
disposal and processing of animal waste, for its placing
on the market and for the prevention of pathogens in
feedstuffs of animal or
fish origin and amending
Directive 90/425/EEC (4), as last amended by the Act of
Accession of Austria, Finland and Sweden.

(1) OJ L 282, 1.11.1975, p. 1.
(2) OJ L 156, 29.6.2000, p. 5.
(3) OJ L 316, 1.12.2001, p. 5.
(4) OJ L 363, 27.12.1990, p. 51.

(4)

(5)

(6)

(7)

Aid should be granted for the delivery to the competent
authorities of pigs for fattening and piglets from the
zones concerned.

In view of the extent of the disease, and in particular its
duration, and accordingly of the scale of the market-
support efforts required, the cost of the aid actually paid
to the producers
shared between the
Community and the Member State concerned.

should be

Provision should be made for the Spanish authorities to
apply all controls and surveillance measures required
and to inform the Commission accordingly.

Restrictions on the free movement of live pigs have
applied for several weeks in the zones concerned, which
has lead to a substantial increase in the animals' weight
and has consequently brought about an intolerable
animal-welfare situation. This Regulation should there-
fore apply from 18 February 2002.

(8) With a view to ensuring sound financial management of
the support measures, a ceiling should be put on the aid
for pigs for fattening weighing more than 120 kg in
order to preventing any misuse of the support measures
through fattening for an excessively lengthy and unwar-
ranted period. However, the ceiling should apply from 1
April 2002 only, when the time for delivering heavy
pigs should have returned to normal.

(9)

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

HAS ADOPTED THIS REGULATION:

Article 1

From 18 February 2002, producers may be eligible, on
1.
application, for aid granted by the competent Spanish authori-
ties for the delivery to them of pigs for fattening covered by
CN code 0103 92 19 and weighing 110 kg or more on
average per batch.

2.
From 18 February 2002, producers may be eligible, on
application, for aid granted by the competent Spanish authori-
ties on delivery to them of piglets covered by CN code
0103 91 10 and weighing 8 kg or more on average per batch.

L 63/20

EN

Official Journal of the European Communities

6.3.2002

50 % of the expenditure on such aid covering the total
3.
maximum number of animals laid down in Annex I shall be
financed by the Community budget. However, where an
amount fixed by the Spanish authorities to cover the costs of
the measures provided for in Article 3 is deducted from the aid
provided for in paragraphs 1 and 2, the Community contribu-
tion shall be limited to 50 % of the expenditure on the aid
actually paid to the producers.

Article 2

The aid on pigs for fattening as referred to in Article 1(1)
2.
and weighing more than 120 kg on average may not exceed
the aid fixed in accordance with paragraph 1 of this Article on
pigs for fattening weighing 120 kg on average.

3.
The aid provided for in Article 1(2) on piglets weighing
8 kg or more but less than 16 kg on average per batch shall
be calculated on the basis of the price per kilogram at the farm
gate for ‘Lérida piglets’ of the 15 kg category, as recorded on
the ‘Mercolérida’ market during the week preceding the delivery
of the piglets to the competent authorities.

Only animals reared in the protection and surveillance zones
located within the administrative regions listed in Annex II
hereto may be delivered, provided that the veterinary provi-
sions laid down by the Spanish authorities apply in those zones
on the day the animals are delivered.

The aid provided for in Article 1(2) on piglets weighing 16 kg
or more but less than 25 kg on average per batch shall be
calculated on the basis of the price per kilogram at the farm
gate for piglets of the 20 kg ‘Selecto’ category, as recorded on
the Segovia market during the week preceding the delivery of
the piglets to the competent authorities.

Article 3

The aid on piglets weighing 25 kg or more on average per
batch may not exceed the aid fixed in accordance with the
second subparagraph for piglets weighing 25 kg on average.

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

Article 5

They shall be transported forthwith to a rendering plant and
processed into products covered by CN codes 1501 00 11,
1506 00 00 or 2301 10 00 in accordance with Article 3 of
Directive 90/667/EEC.

The competent Spanish authorities shall
take all measures
necessary to ensure compliance with this Regulation and in
particular with Article 2 thereof. They shall
inform the
Commission accordingly as soon as possible.

However, the animals may be transported to a slaughterhouse
for immediate slaughter and then stored in a cold store before
they are transported to the rendering plant. Slaughter and
storage must take place in accordance with Annex III.

Article 6

The operations shall be carried out under the continuous
monitoring of the competent Spanish authorities.

Each Wednesday the competent Spanish authorities shall send
the Commission the following particulars in respect of the
previous week:

Article 4

1.
The aid provided for in Article 1(1) on pigs for fattening
weighing 110 kg or more on average per batch shall be equal
to the market price at the farm gate for slaughtered pigs of
grade E within the meaning of Article 4(2) of Regulation (EEC)
No 2759/75 and Commission Regulations (EEC) No 3537/
89 (1) and (EEC) No 2123/89 (2), as recorded in Spain during
the week preceding the delivery of the pigs for fattening to the
competent authorities,
less transport costs of EUR 1,3 per
100 kg carcase weight.

— the number and total weight of:

pigs for fattening delivered,

piglets delivered,

— aid as provided for in the first subparagraph of Article 4(1)
and the first and second subparagraphs of Article 4(3).

Article 7

The aid shall be calculated on the basis of the carcase weight
recorded. However, where the animals are weighed live only,
the aid shall be multiplied by a coefficient of 0,81.

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

(1) OJ L 347, 28.11.1989, p. 20.
(2) OJ L 203, 15.7.1989, p. 23.

It shall apply from 18 February 2002. However, Article 4(2)
shall apply from 1 April 2002.

6.3.2002

EN

Official Journal of the European Communities

L 63/21

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

Done at Brussels, 5 March 2002.

For the Commission

Franz FISCHLER

Member of the Commission

L 63/22

EN

Official Journal of the European Communities

6.3.2002

ANNEX I

Pigs for fattening: 200 000 head

Piglets:

170 000 head

ANNEX II

In the province of Barcelona, the protection and surveillance zones defined in Annexes I and II of the ‘Ordre’ of the
Generalitat de Cataluña of 7 February 2002, published in DOGC (Diari Oficial de la Generalitat de Catalunya) No 3572 of
11 February 2002, p. 2625.

ANNEX III

1. The transport of the animals from the farm and their slaughter are to be monitored continuously by the competent
Spanish authorities. On the day of delivery, the animals are to be weighed by load and slaughtered at a slaughterhouse.

2. The animals are to be slaughtered but no other operations connected with slaughter are to be performed. The dead
pigs are to be transported immediately 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. The dead pigs are 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 continuous monitoring by the competent Spanish authorities.

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

monitoring by the competent Spanish 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 stores closed and sealed by the competent Spanish authorities. No other products may

be kept in such stores.

7. As soon as capacity becomes available at the rendering plant, the dead pigs are to be transported to it. This is to take
place in lorries sealed under continuous monitoring by the competent Spanish authorities or on their behalf. The
lorries are to be weighed both empty and loaded, at the cold store and at the rendering plant.