Commission Regulation (EC) No 3146/94 of 21 December 1994 adopting exceptional support measures for the market in pigmeat in Germany

COMMISSION REGULATION (EC) No 3146/94 of 21 December 1994 adopting exceptional support measures for the market in pigmeat in Germany
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 organization of the market in pigmeat (1), as last amended by Commission Regulation (EEC) No 1249/89 (2), and in particular Articles 20 and 22, second paragraph  thereof,
Whereas, because of the outbreak of classical swine fever in certain production regions in Germany, protection and surveillance zones have been established by the German authorities pursuant to Article 9 of Council Directive 80/217/EEC introducing  Community measures for the control of classical swine fever (3), as last amended by Decision 93/384/EEC (4); whereas, consequently, in these zones the trade in live pigs, fresh pigmeat and pigmeat products which have not been subjected to heat treatment  is temporarily prohibited;
Whereas 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 market in Germany; whereas 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;
Whereas, with the aim of preventing a further spread of the disease, the pigs produced in the said zones should either be separated from normal trade in products intended for human consumption and processed into products intended for uses other than  human consumption, or be used for the manufacture of processed products which have undergone heat treatment so as to prevent any risk to health; whereas provision should be made to export these products so as to avoid disturbance on the Community  market; whereas no export refund should be granted, given the quite low price level at which the processing industry can find supplies; whereas the traditinal trade links with third countries for these products should be maintained and any disturbance  of the markets in these countries should be avoided;
Whereas it is appropriate to grant an aid for the delivery to the competent authorities of live fattened pigs coming from the affected zones;
Whereas 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, in would be appropriate for such efforts to be shared by the Community and the Member State  concerned;
Whereas provision should be made for the German authorities to adopt all necessary control and surveillance measures and to inform the Commission accordingly;
Whereas the restrictions on the free movement of live pigs have been operative for several weeks now 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; whereas retroactive application of this Regulation from 13 December 1994 is therefore justified;
Whereas the measures provided for in this Regulation are in accordance with the Management Committee for Pigmeat,