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"B COMMISSION REGULATION (EEC) No 2342/92
of 7 August 1992
on imports of pure-bred breeding animals of the bovine species from the third countries and the granting of
export refunds thereon and repealing Regulation (EEC) No 1544/79
(OJ L 227, 11.8.1992, p. 12)
Amended by:
Official Journal
No page date
"M1 Commission Regulation (EEC) No 3224/92 of 4 November 1992 L 320 30 5.11.1992
"M2 Commission Regulation (EEC) No 3661/92 of 18 December 1992 L 370 16 19.12.1992
"M3 Commission Regulation (EEC) No 286/93 of 9 February 1993 L 34 7 10.2.19931992R2342 — EN — 13.02.1993 — 002.001 — 1
COMMISSION REGULATION (EEC) No 2342/92
of 7 August 1992
on imports of pure-bred breeding animals of the bovine species from the
third countries and the granting of export refunds thereon and repealing
Regulation (EEC) No 1544/79
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 805/68 of 27 June 1968 on
the common organization of the market in beef and veal (1), as last amended
by Regulation (EEC) No 2066/92 (2), and in particular Articles 10 (5) and 18
(6) thereof,
Whereas import levy is not payable on pure-bred breeding animals of the
bovine species falling within CN code 0102 10 00 on import into the
Community; whereas on export a higher refund is paid on female animals upto the age of 60 months than on live bovine animals falling within CN codes
0102 90 31 and 0102 90 33;
Whereas, to permit proper application of the Community rules in this area, the
term pure-bred breeding animal should be clarified; whereas the definition
given in Article 1 of Council Directive 77/504/EEC of 25 July 1977 on
pure-bred breeding animals of the bovine species (
3), as last amended by
Directive 91/174/EEC (4), must be used for the purpose;
Whereas in order to ensure that imported animals are actually intended for
breeding they must be accompanied by the pedigree and breeding certificatesand the health certificates normally required for such animals and importers
must undertake to keep the animals alive for a certain period;
Whereas, since there is no provision for a security to ensure that these animals
are kept alive for that period, provision should be made for Council
Regulation (EEC) No 1697/79 of 24 July 1979 on the post-clearance recovery
of import duties or export duties which have not been required of the personliable for payment on goods entered for a customs procedure involving theobligation to pay such duties (
5) to apply where the requirement concerning
that period is not observed;
Whereas the Community has concluded bilateral free-trade agreements with
the EFTA; whereas, under those agreements, certain provisions relating to, or
obligations on, the third countries concerned should be waived but thepedigree and breeding certificates and the health certificates relating topure-bred breeding animals must be required to be presented on release for
free circulation in the Community;
Whereas the health documents required to accompany exports of pure-bred
female breeding animals up to 60 months old in order to make sure that they
are really intended for breeding and the genetic value assessment results that
must appear on or accompany the pedigree certificate should be specified;
Whereas pure-bred breeding animals imported into the Community must be
checked to see that they have not previously been exported from theCommunity and that export refunds have not been paid thereon; whereas,where export refunds have been paid on such animals, the sums must be
repaid before the animals are re-imported into the Community;
Whereas Commission Regulation (EEC) No 1544/79 (
6), amended by
Regulation (EEC) No 3988/87 (7), only covers the requirements pertaining
to the granting of export refunds on pure-bred breeding animals; whereas, for
the sake of clarity it should be repealed and its provisions incorporated in thisRegulation;
Whereas the measures provided for in this Regulation are in accordance with
the opinion of the Management Committee for Beef and Veal,!B
(1) OJ No L 148, 28. 6. 1968, p. 24.
(2) OJ No L 215, 30. 7. 1992, p. 49.
(3) OJ No L 206, 12. 8. 1977, p. 8.
(4) OJ No L 85, 5. 4. 1991, p. 37.
(5) OJ No L 197, 3. 8. 1979, p. 1.
(6) OJ No L 187, 25. 7. 1979, p. 8.
(7) OJ No L 376, 31. 12. 1987, p. 31.1992R2342 — EN — 13.02.1993 — 002.001 — 2
HAS ADOPTED THIS REGULATION:
Article 1
For the purposes of collecting import levies and granting export refunds, live
animals of the bovine species shall be considered pure-bred breeding animalsfalling within CN code
"M20102 10 3if they meet the definition laid
down in Article 1 of Directive 77/504/EEC. In addition, only female animals
up to six years old shall be considered pure-breed breeding females.
Article 2
1. On the release for free circulation of pure-bred breeding animals of the
bovine species falling within CN code "M20102 10 3, importers shall
present the following to the customs authorities of the Member State inrespect of each animal:
(a) the pedigree and breeding certificate;
(b) the health certificate of the type required for pure-bred breeding animals
of the bovine species.
2. in addition, importers shall submit a written declaration to the customs
authorities to the effect that, except in cases of force majeure, the animal will
not be slaughtered within 12 months of the day on which it is imported.
3. By no later than the end of the 15th month following that of release for
free circulation, importers shall provide the customs authorities of theMember State of import with proof that the animal:
(a) has not been slaughtered before the expiry of the time limit laid down in
paragraph 2
"M3 3;o r
(b) has been slaughtered before the expiry of the time limit for health reasons
or has died as a result of disease or accident.
The proof referred to in (a) shall consist in a certificate drawn up by the
association, organization or official body of the member State holding theherd book. The proof referred to in (b) shall consist in a certificate drawn upby an official body designated by the Member State.
4. Failure to observe the requirement relating to the period of 12 months,
except where paragraph 3 (b) applies, shall result in classification of theanimal in question under CN code 0102 90 and shall give rise to proceedings
to recover import duties not collected, in accordance with Regulation (EEC)
No 1697/79.
5. The provisions relating to:
— the age limit laid down in Article 1,
— the obligations specified in paragraphs 2, 3 and 4shall not apply to imports of pure-bred breeding originating in and coming
from Austria, Finland, Iceland, Norway, Sweden and Switzerland.
6. This Article shall not affect the application of Article 7, second
paragraph, of Directive 77/504/EEC.
Article 3
The granting of the refund on female pure-bred breeding animals shall be
subject to the presentation, in respect of each animal, at the time customs
export formalities are completed, of the original and a copy of:
(a) the pedigree certificate issued by the association, organization or official
body of the Member State holding the herd book showing in particular
the results of performance tests and the results (with details of origin) of
the assessment of the genetic value of the animal concerned and itsparents and grandparents. These results may also accompany thecertificate;
(b) the health certificate for pure-bred breeding animals of the bovine species
required by the third country of destination.!B
!M3
!B1992R2342 — EN — 13.02.1993 — 002.001 — 3
However, by way of derogation from point (b), Member States may authorize
the presentation of a single certificate for a batch of animals.
The originals of both certificates shall be returned to the exporter and the
copies, certified as true copies by the customs authorities, shall be attached tothe refund payment application.
Article 4
1. Before release for free circulation of pure-bred breeding animals
re-imported into the Community, any export refund granted must be repaidor the necessary measures taken by the competent authorities for such sums to
be withheld if they have not already been paid.
2. If, at the time customs import formalities are completed for animals
falling within CN code 0102 10 00, the pedigree certificate shows that thebreeder is established in the Community, the importer must also give proofthat no refund has been granted or that any refund granted has been repaid. If
such proof cannot be provided, an export refund equal to the highest import
levy applicable to animals of the bovine species falling within CN code0102 90 on the day of re-importation into the Community shall be consideredas having been paid.
Article 5
Regulation (CEE) No 1544/79 is hereby repealed.
Article 6
This Regulation shall enter into force on 17 August 1992.
This Regulation shall be binding in its entirety and directly applicable in all
Member States.!B1992R2342 — EN — 13.02.1993 — 002.001 — 4