Commission Regulation (EC) No 1278/2008 of 17 December 2008 adopting emergency support measures for the pigmeat market in form of private storage aid in Ireland
Date: 2008-12-17
Institutions: European Commission
Subjects: Ireland, aid to agriculture, livestock farming, pigmeat, private stock, storage

L 339/78

EN

Official Journal of the European Union

18.12.2008

COMMISSION REGULATION (EC) No 1278/2008

of 17 December 2008

adopting emergency support measures for the pigmeat market in form of private storage aid in
Ireland

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

Having regard to Council Regulation (EC) No 1234/2007 of
22 October 2007 establishing a common organisation of agri­
cultural markets and on specific provisions for certain agri­
and in
cultural products
particular Articles 37, 43(a) and (d), 191, in conjunction with
Article 4 thereof,

(“Single CMO” Regulation) (1),

Whereas:

Article 37 of Regulation (EC) No 1234/2007 provides
that when the average Community market price for pig
carcasses as established by reference to the prices
recorded in each Member State on the representative
markets of the Community and weighted by means of
coefficients reflecting the relative size of the pig herd in
each Member State is, and is likely to remain, at less than
103 % of
the Commission may
decide to grant aid for private storage.

the reference price,

Market prices have fallen below that level and, given
seasonal and cyclical trends, this situation could persist.

(1)

(2)

(3)

(4)

The situation of the pigmeat market in Ireland is partic­
ularly critical taken into account the recent findings of
elevated levels of polychlorinated biphenyls (PCBs)
in
pigmeat originating in Ireland. The competent authorities
have taken various measures to address the situation.

(10)

Contaminated animal feed was delivered to pig farms in
Ireland. The affected pig farms constitute 7 % of the total
pig production in Ireland. The
contaminated feed
constitutes a very large portion of the pig diet resulting
in high levels of dioxins in meat from pigs from the
affected farms. Given the difficulties in tracing back the
pigmeat to farms and given the high levels of dioxin
the Irish authorities
found in the affected pigmeat,
decided to recall,
all
pigmeat and pigmeat products from the market.

a precautionary measure,

as

exceptional circumstances and the practical difficulties
that the pigmeat market in Ireland is experiencing, it is
for Community
therefore
emergency market support measures by granting aid
for private storage in Ireland, for a limited period and
relating to a limited quantity of products.

appropriate

provide

to

(6)

(7)

(8)

(9)

Article 31 of Regulation (EC) No 1234/2007 provides
that a private storage aid may be granted for pigmeat and
that aid shall be fixed by the Commission in advance or
by means of tendering procedure.

in Ireland
As the situation on the pigmeat market
requires rapid practical action,
the most appropriate
procedure to grant an aid for private storage would be
fixing it in advance.

Commission Regulation (EC) No 826/2008 of 20 August
2008 laying down common rules for the granting of
private storage aid for certain agricultural products (2)
has established common rules for the implementation
of the private storage aid scheme.

Pursuant to Article 6 of Regulation (EC) No 826/2008,
an aid fixed in advance is to be granted in accordance
with the detailed rules and conditions provided for in
Chapter III of that Regulation.

In view of the particular circumstances, it is necessary to
require that the products to be placed into storage are
derived from pigs that were reared on farms for which it
is
by
contaminated feed. Moreover, it is necessary to provide
that the products concerned originate from pigs raised
and slaughtered in Ireland.

these were not

ascertained

affected

that

(11)

In order to facilitate the management of the measure, the
pigmeat products are classified according to similarities
with regard to the level of storage cost.

(5)

The application of those measures is causing very serious
disturbance of the pigmeat market in Ireland. Given the

(12)

In order to facilitate the administrative and control work
relating to the conclusion of contracts, minimum quan­
tities of products each applicant must provide for should
be fixed.

(1) OJ L 299, 16.11.2007, p. 1.

(2) OJ L 223, 21.8.2008, p. 3.

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(13) A security should be fixed in order

to ensure the
operators fulfil
their contractual obligations and that
the measure will have its desired effect on the market.

Applications shall relate to a storage period of 90, 120,

2.
150 or 180 days.

(14)

(15)

(16)

Exports of pigmeat products contribute to restoring the
balance on the market. Therefore, provisions of
Article 28(3) of Regulation (EC) No 826/2008 should
apply when the storage period is
shortened where
products removed from storage are intended for export.
Daily amounts to be applied for the reduction of the
amount of the aid as referred to in that Article should
be fixed.

For the purpose of application of the first subparagraph
of Article 28(3) of Regulation (EC) No 826/2008 and for
reason of consistency and clarity for operators,
is
necessary to express in days the period of 2 months
referred therein.

it

The measures provided for in this Regulation are in
the Management
accordance with the opinion of
Committee for the Common Organisation of Agricultural
Markets,

HAS ADOPTED THIS REGULATION:

Applications shall be lodged for only one of the categories
3.
of products listed in the Annex, indicating the relevant CN code
within that category.

The Irish authorities shall take all measures necessary to

4.
ensure compliance with Article 1(1).

Article 4

Minimum quantities

The minimum quantities per application shall be:

(a) 10 tonnes for boned products;

(b) 15 tonnes for other products.

Article 5

Securities

Article 1

Scope

The applications shall be accompanied by a security equal to
20 % of the amounts of the aid fixed in columns 3 to 6 of the
Annex.

Aid for private storage shall be granted in respect of

1.
pigmeat products fulfilling the following conditions:

(a)

they come from pigs which were raised in Ireland for at
least the last two months before slaughtering;

(b) they are of sound, fair and marketable quality and come
from pigs reared on farms for which it is established that
they have not used feed contaminated by elevated levels of
polychlorinated biphenyls (PCBs).

The list of categories of products eligible for aid and the

2.
relevant amounts are set out in the Annex.

Article 2

Applicable rules

Regulation (EC) No 826/2008 shall apply save as otherwise
provided for in this Regulation.

Article 3

Submission of applications

From the date of entry into force of

this Regulation,
1.
applications
the categories of
pigmeat products eligible for aid under Article 1 may be
lodged in Ireland.

for private storage aid for

Article 6

Total quantity

The total quantity for which contracts may be concluded,
in
accordance with Article 19 of Regulation (EC) No 826/2008,
shall not exceed 30 000 tonnes of product weight.

Article 7

Removal from storage of product intended for export

1.
For the purpose of the application of the first subpara­
graph of Article 28(3) of Regulation (EC) No 826/2008 the
expiry of a minimum storage period of 60 days shall be
required.

2.
For the purpose of the application of the third subpara­
graph of Article 28(3) of Regulation (EC) No 826/2008, the
daily amounts are set in column 7 of the Annex to this Regu­
lation.

Article 8

Entry into force

This Regulation shall enter into force on the third day following
the European
that of
Union.

its publication in the Official

Journal of

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

Done at Brussels, 17 December 2008.

For the Commission

Mariann FISCHER BOEL
Member of the Commission

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Official Journal of the European Union

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ANNEX

Categories of products

Products in respect of which aid is
granted

Amount of aid for a storage period of
(EUR/tonne)

Deduction

90 days

120 days

150 days

180 days

Per day

1

2

3

4

5

6

7

Category 1

ex 0203 11 10

Category 2

Half-carcasses without the forefoot,
tail, kidney, thin skirt and spinal
cord (1)

278

315

352

389

1,24

ex 0203 12 11

Hams

ex 0203 12 19

Shoulders

ex 0203 19 11

Fore-ends

ex 0203 19 13

ex 0203 19 55

Category 3

ex 0203 19 15

ex 0203 19 55

Category 4

ex 0203 19 55

Loins, with or without the neck-
end, or neck-ends separately, loins
with or without the chump (2) (3)

337

379

421

463

1,41

fore-ends,

shoulders,

Legs,
loins
with or without the neck-end, or
neck-ends separately, loins with or
without the chump, boned (2) (3)

Bellies, whole or
rectangular cut

trimmed by

Bellies, whole or
trimmed by
rectangular cut, without rind and
ribs

Cuts corresponding to ‘middles’,
with or without
fat,
boned (4)

rind or

164

197

230

263

1,09

255

290

325

360

1,17

(1) The aid may also be granted for half-carcasses presented as Wiltshire sides, i.e. without the head, cheek, chap, feet, tail, flare fat, kidney,

tenderloin, blade bone, sternum, vertebral column, pelvic bone and diaphragm.

(2) Loins and neck-ends may be with or without rind but the adherent layer of fat may not exceed 25 mm in depth.
(3) The quantity contracted may cover any combination of the products referred to.
(4) Same presentation as for products falling within CN code 0210 19 20.