Commission Regulation (EC) No 1046/2001 of 30 May 2001 adopting exceptional support measures for the markets in pigmeat and veal in the Netherlands

Commission Regulation (EC) No 1046/2001
of 30 May 2001
adopting exceptional support measures for the markets in pigmeat and veal in the Netherlands
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 Articles 20 and 22, second paragraph thereof,
Having regard to Council Regulation (EEC) No 1254/1999 of 17 May 1999 on the common organisation of the market in beef and veal(3), and in particular Articles 39 and 41 thereof,
Whereas:
(1) Because of the outbreak of foot and mouth disease in certain production regions in the Netherlands, protection and surveillance zones have been established by the Dutch authorities pursuant to Article 9 of Council Directive 85/511/EEC of 18 November 1985 introducing Community measures for the control of foot-and-mouth disease(4), as last amended by the Act of Accession of Austria, Finland and Sweden. Consequently, in these zones the trade in calves and pigs is temporarily prohibited.
(2) Restrictions on the free movement of goods resulting from the application of veterinary measures are likely to bring about a serious disturbance of the pigmeat and veal markets in the Netherlands. Exceptional market support measures, to apply for no longer than is strictly necessary, must accordingly be adopted with respect solely to live animals from the affected areas.
(3) With the aim of preventing a further spread of the disease, the pigs and calves produced in the said zones should be separated from normal trade in products intended for human consumption and processed into products intended for uses other than human consumption, in accordance with the provisions laid down in Article 3 of Council Directive 90/667/EEC(5), amended by Directive 92/118/EEC(6).
(4) It is likely that the swift and effective implementation of the exceptional support measures will come up against problems of capacity in the rendering plants which are to process the live animals. It should accordingly be made possible to store the slaughtered animals in cold stores and the conditions of surveillance and inspection to be met during such operations should be specified.
(5) It is appropriate to grant an aid for the delivery to the competent authorities of fattened pigs, piglets and calves coming from the affected zones.
(6) It is certain that the veterinary and trading restrictions will continue for several months; it is therefore reasonable and justified to interrupt the production of piglets by banning the insemination of sows, thus avoiding the need to slaughter piglets in a few months' time, and reducing the pig density and thus the risk of future spread of the disease.
(7) It is appropriate to introduce such a ban on insemination for producers who deliver piglets into the present support scheme. The producers must keep non-covered sows on their holding until the ban is lifted and they may recommence the production of piglets. It is therefore justified to offset the costs incurred in maintaining those sows by means of aid granted for each months of the period in which the ban on insemination applies.
(8) The competent Dutch authorities must adopt the necessary measures to enable that aid to be granted, whilst using, as regards the lodging of applications, inspection measures and penalties, the provisions of Commission Regulation (EEC) No 3887/92 of 23 December 1992 laying down detailed rules for applying the integrated administration and control system for certain Community aid schemes(7), as last amended by Regulation (EC) No 2721/2000(8) by analogy.
(9) In view of the extent of the disease and, in particular, of its duration, and consequently of the magnitude of the efforts needed to support the market, it would be appropriate for such efforts to be shared by the Community and the Member State concerned.
(10) Provisions should be made for the Dutch authorities to adopt all necessary control and surveillance measures and to inform the Commission accordingly.
(11) The restrictions on the free movement of pigs and calves have been operative for several weeks in the zones in question, provoking a substantial increase in the weight of the animals and consequently leading to an intolerable situation where the welfare of the animals is concerned. The retroactive application of this Regulation from 27 April 2001 is therefore justified.
(12) The measures provided for in this Regulation are in accordance with the opinion of the Joint Management Committee for Pigmeat, Beef and Veal,