Introductory text

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)^f1, and in particular Articles 37, 43(a) and (d), 191, in conjunction with Article 4 thereof,

Whereas:

Article 37 of Regulation (EC) No 1234/2007 provides that when the average Community market price for pig carcasses as established by reference to the prices recorded in each Member State on the representative markets of the Community and weighted by means of coefficients reflecting the relative size of the pig herd in each Member State is, and is likely to remain, at less than 103 % of the reference price, the Commission may decide to grant aid for private storage.

Market prices have fallen below that level and, given seasonal and cyclical trends, this situation could persist.

The situation of the pigmeat market in Ireland and Northern Ireland is particularly critical taken into account the recent findings of elevated levels of dioxins in pigmeat originating in Ireland. The competent authorities have taken various measures to address the situation.

Contaminated animal feed was delivered to pig farms in Ireland. The contaminated feed constitutes a very large portion of the pig diet resulting in high levels of dioxins in meat from pigs from the affected farms. Given the difficulties in tracing back the pigmeat to farms and given the high levels of dioxin found in the affected pigmeat, the competent authorities decided to recall, as a precautionary measure, all pigmeat and pigmeat products from the market.

The application of those measures is causing very serious disturbance of the pigmeat market in Northern Ireland. Given the exceptional circumstances and the practical difficulties that the pigmeat market in Northern Ireland is experiencing, it is therefore appropriate to provide for Community emergency market support measures by granting aid for private storage in Northern Ireland, for a limited period and relating to a limited quantity of products.

Article 31 of Regulation (EC) No 1234/2007 provides that a private storage aid may be granted for pigmeat and that aid shall be fixed by the Commission in advance or by means of tendering procedure.

As the situation on the pigmeat market in Northern Ireland requires rapid practical action, the most appropriate procedure to grant an aid for private storage would be fixing it in advance.

Commission Regulation (EC) No 826/2008 of 20 August 2008 laying down common rules for the granting of private storage aid for certain agricultural products^f2 has established common rules for the implementation of the private storage aid scheme.

Pursuant to Article 6 of Regulation (EC) No 826/2008, an aid fixed in advance is to be granted in accordance with the detailed rules and conditions provided for in Chapter III of that Regulation.

In view of the particular circumstances, it is necessary to require that the products to be placed into storage are derived from pigs that were reared on farms for which it is ascertained that these were not affected by contaminated feed. Moreover, it is necessary to provide that the products concerned originate from pigs raised in Ireland or Northern Ireland and slaughtered in Northern Ireland.

In order to facilitate the management of the measure, the pigmeat products are classified according to similarities with regard to the level of storage cost.

In order to facilitate the administrative and control work relating to the conclusion of contracts, minimum quantities of products each applicant must provide for should be fixed.

A security should be fixed in order to ensure the operators fulfil their contractual obligations and that the measure will have its desired effect on the market.

Exports of pigmeat products contribute to restoring the balance on the market. Therefore, provisions of Article 28(3) of Regulation (EC) No 826/2008 should apply when the storage period is shortened where products removed from storage are intended for export. Daily amounts to be applied for the reduction of the amount of the aid as referred to in that Article should be fixed.

For the purpose of application of the first subparagraph of Article 28(3) of Regulation (EC) No 826/2008 and for reason of consistency and clarity for operators, it is necessary to express in days the period of 2 months referred therein.

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: