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

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 establishing the European Community,
Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1), and in particular Article 191, in conjunction with Article 4 thereof,
Whereas:
(1) The situation of the pigmeat market in Ireland is particularly 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.
(2) 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 authorities decided to recall, as a precautionary measure, all pigmeat and pigmeat products from the market.
(3) Given the exceptional circumstances and the practical difficulties that the pigmeat market in Ireland is experiencing, the Commission adopted 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 (2).
(4) The dioxin contamination and the application of the precautionary measure to recall all pigmeat 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 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 authorities have requested the Commission to provide further emergency support measures for the pigmeat and beef market in Ireland.
(5) The European Council of 11 and 12 December 2008 invited the Commission to support farmers and slaughterhouses in Ireland by way of co-financed measures to remove relevant animals and products from the market.
(6) Section I of Chapter II of Part II of Regulation (EC) No 1234/2007 provides for exceptional support measures. In particular Article 44 thereof provides that the 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 in Ireland, it is appropriate to take a temporary exceptional measure to support that market, similar to those laid down in Section I.
(7) 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 the responsibility and control of slaughterhouses in 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.
(8) 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 pigmeat, for a limited quantity of the products concerned, while the Irish authorities 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.
(9) The competent Irish authorities should apply all controls and surveillance measures required for the proper application of the exceptional measure provided for in this Regulation and inform the Commission accordingly.
(10) Given that for reasons of animal welfare, public health and market supply, the Irish authorities had to start the disposal of the animals as well as of the products 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,