Commission Regulation (EC) No 2713/1999 of 20 December 1999 derogating from Regulation (EEC) No 3444/90 laying down detailed rules for granting private storage aid for pigmeat

COMMISSION REGULATION (EC) No 2713/1999
of 20 December 1999
derogating from Regulation (EEC) No 3444/90 laying down detailed rules for granting private storage aid for pigmeat
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 3290/94(2), and in particular Article 7(2) thereof,
Whereas:
(1) Article 4(1) of Commission Regulation (EEC) No 3444/90 of 27 November 1990 laying down detailed rules for granting private storage aid for pigmeat(3), as last amended by Regulation (EC) No 3533/93(4), stipulates that placing in storage must be completed not later than 28 days after the date of conclusion of the contract. Article 5 of that Regulation defines the primary requirements to be complied with by operators. Article 6 of that Regulation stipulates that the aid may be reduced or not paid if the quantity actually stored during the contractual storage period is less than the contractual quantity;
(2) Commission Decisions 1999/551/EC(5), as amended by Decision 1999/601/EC(6), and 1999/640/EC(7) lay down measures to protect certain products of animal origin intended for human or animal consumption from contamination by dioxin;
(3) a small number of operators who concluded private storage contracts pursuant to Commission Regulation (EC) No 2042/98 of 25 September 1998 on special conditions for the granting of private storage aid for pigmeat(8), as amended by Regulation (EC) No 2619/98(9), have not been able to respect their contractual commitments because of the protection measures linked to the contamination by dioxin of certain products intended for human consumption and the slaughtering ban imposed by the Belgian authorities;
(4) because of those measures some or all of the quantities put into storage have been excluded from the grant of aid owing to the results of polychlorinated biphenyl (PCB) analyses or owing to the absence of evidence that the meat is of sound and fair merchantable quality in accordance with Article 2(2) of Regulation (EEC) No 3444/90;
(5) if operators are not to be disproportionately penalised in the light of the above quite exceptional circumstances, the rules normally applicable in such circumstances, as laid down in Regulation (EEC) No 3444/90, should not be applied;
(6) the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Pigmeat,