Commission Regulation (EC) No 94/2009 of 30 January 2009 adopting temporary exceptional support measure for the pigmeat and beef market in form of a disposal scheme in Ireland
Date: 2009-01-30
Institutions: European Commission
Subjects: Ireland, aid to agriculture, health risk, human nutrition, livestock farming, pigmeat, private stock, storage

31.1.2009

EN

Official Journal of the European Union

L 29/41

COMMISSION REGULATION (EC) No 94/2009

of 30 January 2009

adopting temporary exceptional support measure for the pigmeat and beef market in form of a
disposal scheme 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
cultural products (Single CMO Regulation) (1), and in particular
Article 191, in conjunction with Article 4 thereof,

Whereas:

(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 dioxins and polychlorinated biphenyls
(PCBs) in pigmeat originating in Ireland. The competent
authorities have taken various measures to address the
situation.

Contaminated animal feed was delivered to pig and cattle
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 elevated levels of dioxins in meat from pigs
from the affected farms. Given the difficulties in tracing
back the pigmeat to farms and given the elevated levels
of dioxin found in the affected pigmeat, the Irish au­
thorities decided to recall, as a precautionary measure,
all pigmeat and pigmeat products from the market.

Given the exceptional circumstances and the practical
difficulties that the pigmeat market in Ireland is experi­
the Commission adopted Regulation (EC) No
encing,
1278/2008 of 17 December 2008 adopting emergency
support measures for the pigmeat market in form of
private storage aid in Ireland (2).

the
The dioxin contamination and the application of
precautionary measure
and
pigmeat products is causing very serious disturbance of
the pigmeat market in Ireland. This situation is directly
linked to a loss of consumer confidence arising from

all pigmeat

to recall

(1) OJ L 299, 16.11.2007, p. 1.
(2) OJ L 339, 18.12.2008, p. 78.

(5)

(6)

(7)

(8)

potential risks to public health. In addition, some cattle
remained on farms where samples from other cattle had
shown elevated levels of dioxin. Therefore, the Irish au­
thorities have requested the Commission to provide
further emergency support measures for the pigmeat
and beef market in Ireland.

The European Council of 11 and 12 December 2008
invited the Commission to support farmers and slaugh­
terhouses in Ireland by way of co-financed measures to
remove relevant animals and products from the market.

that

Section I of Chapter II of Part II of Regulation (EC) No
1234/2007 provides for exceptional support measures.
the
In particular Article 44 thereof provides
Commission may adopt exceptional market
support
measures in case of animal diseases and Article 45
provides that, with regard to the poultrymeat and eggs
sectors, the Commission may adopt exceptional market
support measures in order to take account of serious
market disturbances directly attributed to a loss
in
consumer confidence due to public health, or animal
health risks. In order to resolve the practical problems
arising from the current situation of the pigmeat and
beef market
is appropriate to take a
it
temporary exceptional measure to support that market,
similar to those laid down in Section I.

in Ireland,

That exceptional market support measure should be in
the form of a disposal scheme of certain pigs and cattle
that come from farms that have used contaminated feed.
Furthermore, it is appropriate to provide for a disposal
scheme of pigmeat products that are blocked in or under
in
the responsibility and control of
Ireland, and for which it is uncertain to what extent
these products have come from pigs that came from
farms that used contaminated feed. The measure should
remove the possibility that products from animals that
may contain elevated levels of contamination enter the
food or feed chain.

slaughterhouses

That exceptional market support measure should be
partly financed by the Community. The contribution of
the Community in the compensation should be expressed
as maximum average amounts per animal or tonne of
the products
pigmeat,
concerned, while
should be
required to determine the compensation price and thus
the amount of the part-financing based on the market
value of the animals and the products compensated for
within specified limits.

limited quantity of

Irish authorities

the

for

a

L 29/42

EN

Official Journal of the European Union

31.1.2009

(9)

The competent Irish authorities should apply all controls
and surveillance measures required for the proper appli­
cation of the exceptional measure provided for in this
Regulation and inform the Commission accordingly.

relevant by-products and the destruction of
compliance with the relevant veterinary legislation.

the meat

in

(10) Given that for reasons of animal welfare, public health
and market supply, the Irish authorities had to start the
the products
the animals as well as of
disposal of
concerned as of 13 December 2008, it is necessary to
provide that this Regulation should apply as of that date.

(11)

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

HAS ADOPTED THIS REGULATION:

Article 1

Scope

An exceptional market support measure for Ireland is hereby
introduced in the form of a disposal scheme for:

(a) pigs that had been on farms that used contaminated animal
feed between 1 September 2008 and 6 December 2008;

live animals shall be accomplished by
The destruction of
delivery to a slaughterhouse followed, after counting and
weighing, by transport of all carcases to a rendering plant,
where all materials shall be rendered.

Where animals are unfit for transport to a slaughterhouse, the
animals may be killed on farm.

Destruction of meat will be effected after weighing and
transport
to a rendering plant, where all materials shall be
rendered.

These operations shall be carried out under the permanent
Irish authorities, using stan­
supervision of
dardised checklists incorporating weighing and counting sheets.

the competent

the disposal of

The compensation to be paid by the competent

Irish
2.
authorities for
the animals referred to in
points (a) and (b) of Article 1 and of the products referred to
in point (c) of that Article shall not exceed the market value of
the animals and products concerned at the moment prior to the
decision of the Irish authorities to recall, as a precautionary
measure, all pigmeat and pigmeat products from the market.

(b) cattle that remain on farms where samples from other cattle
have tested positive for elevated levels of dioxins and poly­
chlorinated biphenyls (PCBs);

In order to avoid any over-compensation, the compensation
paid by the competent Irish authorities shall take into account
any other type of compensation to which the suppliers of
animals or slaughterhouses may be entitled to.

(c)

fresh, chilled or frozen pigmeat which is coming from
animals
than
6 December 2008 in Ireland and which is stored in Ireland:

been slaughtered no

later

that

had

(i) in the slaughterhouse; or

(ii) outside the slaughterhouse, under the responsibility and
the control of the slaughterhouse, subject to the slaugh­
terhouse demonstrating to the
the
competent Irish authorities.

satisfaction of

Article 2

Disposal of animals and meat

1.
Ireland is authorised to compensate for the disposal of the
animals and the meat referred to in Article 1, with a view to the
slaughtering and full destruction of these animals and their

reception of

the
and after

The compensation for the products to be disposed of
3.
Irish
under this Regulation shall be paid by the competent
the products by the
after
authorities
rendering plant
in accordance with
Article 4(1)(c). Compensation paid under this Regulation by
for
the
eligible
authorities
Community part-financing after the full destruction of
the
products concerned has been established on the basis of all
necessary documentary and physical checks.

competent

controls

shall

Irish

be

the

(a) of

Point
Commission Regulation (EC) No 883/2006 (1)
mutatis mutandis.

third subparagraph of Article 5(1) of
shall apply

Only expenditure declared in respect of July 2009 at the latest
shall be eligible for Community part financing.

(1) OJ L 171, 23.6.2006, p. 1.

31.1.2009

EN

Official Journal of the European Union

L 29/43

Article 3

Financing

since the beginning of the scheme or since the last such
control have been rendered;

1.
For each fully destroyed animal and meat, the Community
shall provide part-financing equivalent to 50 % of the expen­
diture incurred under Article 2(1). That part-financing shall be
equivalent to not more than a maximum average amount of:

(a) EUR 54,77 per head for not more than 130 000 pigs;

(b) EUR 468,62 per head for not more than 7 000 cattle;

(c)

fresh, chilled or frozen pigmeat stored at
in respect of
than slaughterhouses, as referred to in
locations other
inventory
an on-the-spot
Article 1(c)(ii), performing
to establish the pigmeat quantity deriving from
control
than 6 December 2008,
slaughtered no later
animals
ensuring that such pigmeat
is secure, easily identifiable
and kept apart physically from other stocks, and that
removal operations are subject to the necessary identifi­
cation and weighing controls;

(c) EUR 1 133,50 per tonne of pigmeat for not more than

9 050 tonnes of pigmeat.

(d) providing for on-the-spot controls and detailed reports on

those controls indicating in particular:

The competent

2.
shall determine the
Irish authorities
amount of the part-financing per animal and meat product
compensated based on the market value
referred to in
Article 2(2) and respecting the maximum average amounts set
out in paragraph 1 of this Article.

(i) the age-span, classification and total number of animals
transported from the farm, the date and time of their
transport to and arrival at a slaughterhouse;

3.
No later than 31 August 2009, Ireland shall notify the
Commission the total compensatory expenditures, by indicating
the number and categories of pigs and cattle as well the volume
and types of pigmeat that has been disposed of under this
Regulation.

Ιf it is established that the beneficiary of the amount paid
4.
under Article 2(3) has also received compensation under an
insurance policy or compensation paid by a third party,
Ireland shall recover that amount and credit 50 % of it to the
European Agricultural Guarantee Fund as a deduction of the
corresponding
under
If
amount
Article 2(3) was higher
than the compensation received,
Ireland shall recover an amount equal to that compensation.

expenditure.

paid

the

Article 4

Controls and communication

Ireland shall adopt all measures necessary to ensure proper

1.
application of this Regulation, in particular by:

(a) ensuring that none of the products compensated for under
Article 2 enter the food or feed chain by envisaging appro­
priate on-the-spot supervision, denaturing agents as appro­
priate and seals on transports;

(ii) the quantities of carcases transported under seal from
the slaughterhouse and received at the rendering plant,
animal movement permit and seal numbers;

(iii) in case of slaughtering on farm as referred to in the
third subparagraph of Article 2(1),
the number of
animals slaughtered on farm, the number of carcases
transported under seal from the farm and the quantity
received at
the rendering plant, animal movement
permit and seal numbers;

(iv) for each pigmeat product, the date of slaughter of the
animal from which the product was obtained and a
weight protocol of
that product; and in respect of
fresh, chilled or frozen pigmeat stored in locations
other
the location and steps
taken to ensure the security of the product concerned
during storage and removal;

than slaughterhouses,

(v) the quantities and classification of pigmeat product
transported under seal
from the point of collection
and received at the rendering plant, movement permit
and seal numbers;

(b) performing at least once per calendar month, administrative
and accounting controls at each participating rendering
to ensure that all carcases and pigmeat delivered
plant

(vi) the aspects, registers and documents checked pursuant
to the control required under point (b) above, and at
least a daily summary of the quantities of carcases and
pigmeat entering the rendering plant, the corresponding
dates of rendering and quantities rendered.

L 29/44

EN

Official Journal of the European Union

31.1.2009

2.

Ireland shall send to the Commission:

(a) as soon as possible after the entry into force of this Regu­
implemented control and
its

lation, a description of
reporting arrangements for all operations involved;

(b) no later than 1 March 2009 a detailed report on the

controls undertaken under paragraph 1.

Article 5

Intervention measure

the meaning of Article 3(1)(b) of Council Regulation (EC) No
1290/2005 (1).

Article 6

Entry into force and application

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

The measures taken under this Regulation shall be considered to
be intervention measures to regulate agricultural markets within

It shall apply from 13 December 2008.

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

Done at Brussels, 30 January 2009.

For the Commission

Mariann FISCHER BOEL
Member of the Commission

(1) OJ L 209, 11.8.2005, p. 1.