Council Regulation (EC) No 1913/2005 of  23 November 2005  amending Regulations (EEC) No 2759/75, (EEC) No 2771/75, (EEC) No 2777/75, (EC) No 1254/1999, (EC) No 1255/1999 and (EC) No 2529/2001 as regards exceptional market support measures
Date: 2005-11-23
Institutions: Council of the European Union
Subjects: EU financing, State aid, beef, common organisation of markets, egg, goatmeat, intra-EU trade, market support, milk, milk product, pigmeat, poultrymeat, sheepmeat, trade restriction

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Official Journal of the European Union

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COUNCIL REGULATION (EC) No 1913/2005

of 23 November 2005

amending Regulations (EEC) No 2759/75, (EEC) No 2771/75, (EEC) No 2777/75, (EC) No 1254/1999,
(EC) No 1255/1999 and (EC) No 2529/2001 as regards exceptional market support measures

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty
Community, and in particular Articles 36 and 37 thereof,

establishing the European

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament (1),

Having regard to the opinion of the European Economic and
Social Committee (2),

(2)

Whereas:

(1)

Some common market organisations include exceptional
market support measures to take account of restrictions
on free circulation resulting from the application of
the spread of animal diseases.
to combat
measures
These measures are contained in:

— Article 20 of Council Regulation (EEC) No 2759/75
of 29 October 1975 on the common organisation of
the market in pigmeat (3),

— Article 14 of Council Regulation (EEC) No 2771/75
of 29 October 1975 on the common organisation of
the market in eggs (4),

— Article 14 of Council Regulation (EEC) No 2777/75
of 29 October 1975 on the common organisation of
the market in poultrymeat (5),

(1) Opinion delivered on 13 October 2005 (not yet published in the

Official Journal).

(2) OJ C 221, 8.9.2005, p. 44.
(3) OJ L 282, 1.11.1975, p. 1. Regulation as last amended by Regu-

lation (EC) No 1365/2000 (OJ L 156, 29.6.2000, p. 5).

— Article 39 of Council Regulation (EC) No 1254/1999
of 17 May 1999 on the common organisation of the
market in beef and veal (6),

— Article 36 of Council Regulation (EC) No 1255/1999
of 17 May 1999 on the common organisation of the
market in milk and milk products (7),

— Article 22 of Council Regulation (EC) No 2529/2001
of 19 December 2001 on the common organisation
of the market in sheepmeat and goatmeat (8).

These exceptional market support measures are taken by
the Commission and are directly related to or consequent
upon health and veterinary measures adopted in order to
combat the spread of diseases. They are taken at the
request of Member States in order to avoid serious
disruption on the markets concerned.

(3)

(4)

(5)

(6)

In this regard Member States have prime responsibility
for preventing an outbreak of disease and its spread. In
its
the light of the situation, the extent of the disease,
the market-
duration, and, accordingly,
support efforts required,
the aid actually
paid to the producers should be shared between the
Community and the Member State concerned.

the scale of

the cost of

Adoption of the support measures should be dependent
on the adoption by Member States of health and
veterinary measures quickly to stamp out any outbreaks
of disease.

Member States should ensure that distortion of compe-
tition does not arise where Member States
involve
producers in providing part of the funding.

The rules on State aid should not apply to Member
States’
financial contributions towards the exceptional
market support measures,

(6) OJ L 160, 26.6.1999, p. 21. Regulation as last amended by Regu-

lation (EC) No 1782/2003 (OJ L 270, 21.10.2003, p. 1).

(4) OJ L 282, 1.11.1975, p. 49. Regulation as last amended by Regu-

(7) OJ L 160, 26.6.1999, p. 48. Regulation as last amended by Regu-

lation (EC) No 806/2003 (OJ L 122, 16.5.2003, p. 1).

lation (EC) No 186/2004 (OJ L 29, 3.2.2004, p. 6).

(5) OJ L 282, 1.11.1975, p. 77. Regulation as last amended by Regu-

(8) OJ L 341, 22.12.2001, p. 3. Regulation as last amended by Regu-

lation (EC) No 806/2003.

lation (EC) No 1782/2003.

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HAS ADOPTED THIS REGULATION:

taken health and veterinary measures quickly to
(have)
stamp out the disease, and only to the extent and for the
duration strictly necessary to support the market concerned.

Article 1

Article 20 of Regulation (EEC) No 2759/75 shall be replaced by
the following:

‘Article 20

1.
In order to take account of the restrictions on intra-
Community and third-country trade which may result from
the application of measures for combating the spread of
diseases in animals, exceptional measures of support for the
market affected by those restrictions may be taken in
accordance with the procedure laid down in Article 24.
the
These measures
Member State(s) concerned. They may be taken only if the
Member State(s) concerned has (have)
taken health and
veterinary measures quickly to stamp out the disease, and
only to the extent and for the duration strictly necessary to
support the market concerned.

shall be taken at

the request of

For exceptional measures as referred to in paragraph 1
2.
which relate directly to health and veterinary measures, the
Community shall provide part-financing equivalent to 50 %
of the expenditure borne by Member States and 60 % of such
expenditure when combating foot-and-mouth disease.

3. Member States
shall ensure that, where producers
contribute to the expenditure borne by Member States, this
does not
competition between
in distortion of
producers in different Member States.

result

Articles 87, 88 and 89 of the Treaty shall not apply to
financial contributions towards the excep-

4.
Member States’
tional measures referred to in paragraph 1.’.

2.
For exceptional measures as referred to in paragraph 1
which relate directly to health and veterinary measures, the
Community shall provide part-financing equivalent to 50 %
of the expenditure borne by Member States.

3. Member States
shall ensure that, where producers
contribute to the expenditure borne by Member States, this
does not
competition between
in distortion of
producers in different Member States.

result

Articles 87, 88 and 89 of the Treaty shall not apply to
financial contributions towards the excep-

4.
Member States’
tional measures referred to in paragraph 1.’.

Article 3

Article 14 of Regulation (EEC) No 2777/75 shall be replaced by
the following:

‘Article 14

from the

In order to take account of the restrictions on free
1.
circulation which may result
application of
measures for combating the spread of diseases in animals,
exceptional measures of support for the market affected by
those restrictions may be taken in accordance with the
procedure referred to in Article 17. These measures shall be
taken at the request of the Member State(s) concerned. They
may be taken only if the Member State(s) concerned has
(have)
taken health and veterinary measures quickly to
stamp out the disease, and only to the extent and for the
duration strictly necessary to support the market concerned.

Article 2

Article 14 of Regulation (EEC) No 2771/75 shall be replaced by
the following:

2.
For exceptional measures as referred to in paragraph 1
which relate directly to health and veterinary measures, the
Community shall provide part-financing equivalent to 50 %
of the expenditure borne by Member States.

‘Article 14

from the

In order to take account of the restrictions on free
1.
circulation which may result
application of
measures for combating the spread of diseases in animals,
exceptional measures of support for the market affected by
those restrictions may be taken in accordance with the
procedure referred to in Article 17. These measures shall be
taken at the request of the Member State(s) concerned. They
may be taken only if the Member State(s) concerned has

shall ensure that, where producers
3. Member States
contribute to the expenditure borne by Member States, this
does not
competition between
in distortion of
producers in different Member States.

result

Articles 87, 88 and 89 of the Treaty shall not apply to
financial contributions towards the excep-

4.
Member States’
tional measures referred to in paragraph 1.’.

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Article 4

Article 39 of Regulation (EC) No 1254/1999 shall be replaced
by the following:

Community shall provide part-financing equivalent to 50 %
of the expenditure borne by Member States and 60 % of such
expenditure when combating foot-and-mouth disease.

‘Article 39

from the

1.
In order to take account of the restrictions on free
application of
circulation which may result
measures for combating the spread of diseases in animals,
exceptional measures of support for the market affected by
those restrictions may be taken in accordance with the
procedure referred to in Article 43. These measures shall be
taken at the request of the Member State(s) concerned. They
may be taken only if the Member State(s) concerned has
(have)
taken health and veterinary measures quickly to
stamp out the disease, and only to the extent and for the
duration strictly necessary to support the market concerned.

2.
For exceptional measures as referred to in paragraph 1
which relate directly to health and veterinary measures, the
Community shall provide part-financing equivalent to 50 %
of the expenditure borne by Member States and 60 % of such
expenditure when combating foot-and-mouth disease.

3. Member States
shall ensure that, where producers
contribute to the expenditure borne by Member States, this
does not
competition between
in distortion of
producers in different Member States.

result

Articles 87, 88 and 89 of the Treaty shall not apply to
financial contributions towards the excep-

4.
Member States’
tional measures referred to in paragraph 1.’.

3. Member States
shall ensure that, where producers
contribute to the expenditure borne by Member States, this
does not
competition between
in distortion of
producers in different Member States.

result

4.
Articles 87, 88 and 89 of the Treaty shall not apply to
Member States’ financial contributins towards the exceptional
measures referred to in paragraph 1.’.

Article 6

Article 22 of Regulation (EC) No 2529/2001 shall be replaced
by the following:

‘Article 22

from the

1.
In order to take account of the restrictions on free
application of
circulation which may result
measures for combating the spread of diseases in animals,
exceptional measures of support for the market affected by
those restrictions may be taken in accordance with the
procedure referred to in Article 25(2). These measures shall
be taken at the request of the Member State(s) concerned.
They may be taken only if the Member State(s) concerned has
(have) taken health and veterinary measures quickly to stamp
out the disease, and only to the extent and for the duration
strictly necessary to support the market concerned.

Article 5

Article 36 of Regulation (EC) No 1255/1999 shall be replaced
by the following:

2.
For exceptional measures as referred to in paragraph 1
which relate directly to health and veterinary measures, the
Community shall provide part-financing equivalent to 50 %
of the expenditure borne by Member States and 60 % of such
expenditure when combating foot-and-mouth disease.

‘Article 36

from the

1.
In order to take account of the restrictions on free
application of
circulation which may result
measures for combating the spread of diseases in animals,
exceptional measures of support for the market affected by
those restrictions may be taken in accordance with the
procedure referred to in Article 42. These measures shall be
taken at the request of the Member State(s) concerned. They
may be taken only if the Member State(s) concerned has
(have)
taken health and veterinary measures quickly to
stamp out the disease, and only to the extent and for the
duration strictly necessary to support the market concerned.

3. Member States
shall ensure that, where producers
contribute to the expenditure borne by Member States, this
competition between
in distortion of
does not
producers in different Member States.

result

Articles 87, 88 and 89 of the Treaty shall not apply to
financial contributions towards the excep-

4.
Member States’
tional measures referred to in paragraph 1.’.

Article 7

2.
For exceptional measures as referred to in paragraph 1
which relate directly to health and veterinary measures, the

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

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

Done at Brussels, 23 November 2005.

For the Council
The President

M. BECKETT