2003R0639 — EN — 17.12.2003 — 001.001 — 1
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►B COMMISSIONREGULATION(EC)No639/2003
of9April2003
layingdowndetailedrulespursuanttoCouncilRegulation(EC)No1254/1999asregardsrequire-
ments for the granting of export refunds related to the welfare of live bovine animals during
transport
(OJ L 93, 10.4.2003, p. 10)
Amended by:
Official Journal
No page date
►M1Commission Regulation (EC) No 2187/2003 of 15 December 2003 L 327 15 16.12.2003
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COMMISSIONREGULATION(EC)No639/2003
of9April2003
layingdowndetailedrulespursuanttoCouncilRegulation(EC)No
1254/1999 as regards requirements for the granting of exportrefunds related to the welfare of live bovine animals during trans-
port
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1254/1999 of 17 May
1999 on the common organisation of the market in beef and veal (1),
as last amended by Commission Regulation (EC) No 2345/2001 (2),
and in particular Article 33(12) thereof,
Whereas:
(1)Article 33(9) of Regulation (EC) No 1254/1999 providesthat the
payment of the refund for exportsof live bovine animalsissubject to compliance with Community legislation concerning
animal welfare and, in particular, Council Directive 91/628/EEC
of 19 November 1991 on the protection of animalsduring trans -port (
3), aslas t amended by Directive 95/29/EC (4).
(2)Detailed rulesasregardsthe welfare of live bovine animalsduring transport are laid down in Commission Regulation (EC)No 615/98 (
5). Experience hass hown the need to improve the
enforcement of animal welfare requirementsfor the granting of
refunds for the export of those animals. Therefore the checks
and penaltiesprovided for in that Regulation s hould be rein-forced. In addition, in the interests of clarity, Regulation (EC)No 615/98 should be replaced.
(3)In order to guarantee that the animal welfare standards are main-tained, a monitoring system should be introduced comprisingcompulsory checks at the exit point from the Community and
after leaving the customs territory of the Community where there
is a change of means of transport and also at the place of thefirst unloading in the third country of final destination.
(4)In order to facilitate proper checkson exit from the Community,it is necessary to designate exit points.
(5)The assessment of the physical condition and state of health ofanimals requires specific expertise and experience. Checksshould therefore be carried out by a veterinarian. Moreover, theextent of those checks should be clarified and a model report set
out in order to make those checks accurate and harmonised.
(6)Checksin third countriesfor the purpos esof thisRegulationshould be compulsory and should be carried out by agencies of
Member States or by international control and supervisory agen-cies(hereinafter referred to asSAs ) approved and controlled byMember States in accordance with Commission Regulation (EC)No 800/1999 of 15 April 1999 laying down common detailed
rules for the application of the system of export refunds on agri-
cultural products(
6), aslas t amended by Regulation (EC) No
444/2003 (7). In order to carry out checksfor purpos esof this
Regulation, the SAss hould in particular meet the requirementsfor approval and control set out in Annex VI to Regulation(EC) No 800/1999 asfrom 1 January 2004.2003R0639 — EN — 17.12.2003 — 001.001 — 2
(1) OJ L 160, 26.6.1999, p. 21.
(2) OJ L 315, 1.12.2001, p. 29.
(3) OJ L 340, 11.12.1991, p. 17.
(4) OJ L 148, 30.6.1995, p. 52.
(5) OJ L 82, 19.3.1998, p. 19.
(6) OJ L 102, 17.4.1999, p. 11.
(7) OJ L 67, 12.3.2003, p. 3.
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(7)In addition to the non-payment of the export refund, when there
isevidence that Directive 91/628/EEC isnot complied with for a
high number of animals, appropriate penalties should be applied.Furthermore, where such non-compliance is due to a completedisregard of animal welfare requirements, the total loss of therefund should be established.
(8)Member States should provide the Commission with the neces-sary information for purposes of monitoring and reporting onthe application of thisRegulation.
(9)The measures provided for in this Regulation are in accordancewith the opinion of the Management Committee for Beef and
Veal,
HAS ADOPTED THIS REGULATION:
Article 1
Scope
Payment of export refundsfor live bovine animalsfalling within CN
code 0102 (hereinafter referred to as the animals), pursuant to Article33(9), second subparagraph, of Regulation (EC) No 1254/1999, shall besubject to compliance, during the transport of the animals to the first
place of unloading in the third country of final destination, with the
provisions of Directive 91/628/EEC and of this Regulation.
For the purposes of this Regulation, in the case of transport by road,
the ‘first place of unloading in the third country of final destination’shall mean the place at which the first animal is finally unloaded froma road vehicle, thusexcluding a place where the journey isinterruptedto rest, feed or water the animals.
Article 2
CheckswithintheCommunity
1. The exit of the animalsfrom the cus tomsterritory of the Commu-
nity may take place only through the following exit points:
(a) a border inspection post agreed by a Commission decision for
veterinary checkson live ungulatesfrom third countries ; or
(b) an exit point designated by the Member State.
2. The official veterinarian at the exit point from the Community
shall verify in accordance with Council Directive 96/93/EC (
1) for those
animalsfor which an export declaration isaccepted whether:
(a) the requirementslaid down in Directive 91/628/EEC have been
complied with from the place of departure, asdefined in Article
2(2)(e) of that Directive, until the exit point; and
(b) the transport conditions for the rest of the journey comply with the
provisions of Directive 91/628/EEC and that the necessary arrange-
ments have been taken to ensure their compliance until the firstunloading in the third country of final destination.
The official veterinarian who hasconducted the checkss hall complete
a report in accordance with the model set out in Annex I certifying
whether the results of the checks performed in accordance with the firstsubparagraph are satisfactory or not satisfactory.
The veterinarian authority responsible for the exit point shall keep this
report for at least three years.2003R0639 — EN — 17.12.2003 — 001.001 — 3
(1) OJ L 13, 16.1.1997, p. 28.▼M1
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3. If the official veterinarian at the exit point is satisfied that the
requirementsof paragraph 2 are met, he s hall certify thisby the entry:
— Resultados de los controles de conformidad con el artículo 2 del
Reglamento (CE) no639/2003 satisfactorios
— Resultater af kontrollen efter artikel 2 i forordning (EF) nr. 639/
2003 er tilfredsstillende
— Ergebnisse der Kontrollen nach Artikel 2 der Verordnung (EG) Nr.
639/2003 zufriedenstellend
—Αποτελέσµατα των ελέγχων βάσει του άρθρου 2 του κανο-
νισµού ( EK) αριθ. 639 /2003 ικανοποιητικά
— Results of the checks pursuant to Article 2 of Regulation (EC) No
639/2003 satisfactory
— Résultats des contrôles visés à l'article 2 du règlement (CE) no639/
2003 satisfaisants
— Risultati dei controlli conformi alle disposizioni dell'articolo 2 del
regolamento (CE) n. 639/2003
— Bevindingen bij controle overeenkomstig artikel 2 van Verordening
(EG) nr. 639/2003 bevredigend
— Resultados dos controlos satisfatórios nos termos do artigo 2.odo
Regulamento (CE) n.o639/2003
— Asetuksen (EY) N:o 639/2003 2 artiklan mukaisten tarkastuksen
tulokset ovat hyväksyttävät
— Resultaten av kontrollen enligt artikel 2 i förordning (EG) nr 639/
2003 är tillfredsställande
and by stamping and signing the document constituting evidence of
exit from the customs territory of the Community, either in Section Jof the control copy T5 or in the most appropriate place on the national
document.
4. The official veterinarian at the exit point shall endorse on the
document referred to in paragraph 3 the total number of animalsforwhich an export declaration had been accepted minusthe number ofanimalswhich gave birth or aborted during trans port, died or for which
the requirementsof Directive 91/628/EEC were not complied with.
5. Member Statesmay require the exporter to give advance notice of
the arrival of the consignment at the exit point to the official veteri-narian at the exit point.
6. By way of derogation from paragraph 1, where the simplified
Community transit procedure for carriage by rail or large containers
referred to in Article 10 of Regulation (EC) No 800/1999 applies, theofficial veterinarian shall carry out checks at the office where theanimalsare placed under s uch procedure.
The certification and endorsements referred to in paragraphs 3 and 4 of
this Article shall be made on the document used for the purpose of
payment of the refund or on the T5 control copy in the case describedin Article 10(4) of Regulation (EC) No 800/1999.
Article 3
Checksinthirdcountries
1. After leaving the customs territory of the Community, the
exporter shall ensure that the animals shall be subject to a check at:
(a) any place where there isa change of meansof trans port except
where such change was not planned and is due to exceptional and
unforeseen circumstances;
(b) the place of the first unloading in the third country of final destina-
tion.
2. An international control and supervisory agency, approved and
controlled for thispurpos e by a Member State in accordance with Arti-cles16(a) to 16(f) of Regulation (EC) No 800/1999, or an officialagency of a Member State shall be responsible for carrying out thechecksprovided for in paragraph 1.2003R0639 — EN — 17.12.2003 — 001.001 — 4
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The checksprovided for in paragraph 1 s hall be carried out by a veter-
inarian.
A report of each check carried out pursuant to paragraph 1 shall be
completed in accordance with the modelss et out in AnnexesII andIII by the veterinarian who carried out the check.
Article 4
Procedure forpaymentofexportrefunds
1. The exporter shall inform the competent authority of the Member
State where the export declaration is accepted about all necessarydetailsof the journey, at the lates t when the export declaration islodged.
At the same time, or at the latest when he becomes aware thereof, the
exporter shall inform the competent authority about any possible
change of the meansof trans port.
2. Applicationsfor the payment of export refundsdrawn up in
accordance with Article 49 of Regulation (EC) No 800/1999 must besupplemented within the time limit laid down in that Article by:
(a) the document referred to in Article 2(3) of thisRegulation duly
completed; and
(b) the reportsprovided for in Article 3(2) of thisRegulation.
3. Where the checksreferred to in Article 3(1) could not be carried
out due to circumstances beyond the control of the exporter, thecompetent authority, on a reasoned request from the exporter, mayaccept other documents which prove to its satisfaction that Directive91/628/EEC hasbeen complied with.
Article 5
Non-paymentofexportrefunds
1. The export refund shall not be paid for:
(a) animalswhich have died during trans port, except asprovided in
paragraph 2;
(b) animalswhich have given birth or aborted during trans port before
their first unloading in the third country of final destination;
(c) animalsfor which the competent authority cons idersthat Directive
91/628/EEC hasnot been complied with, in the light of the docu-mentsreferred to in Article 4(2) and/or all other elementsat itsdisposal concerning compliance with this Regulation.
The weight of an animal in respect of which the refund is not paid
shall be determined on a flat-rate basis by dividing the total weight inkilogramsgiven in the export declaration by the total number ofanimalsgiven in that s ame declaration.
2. Where the animals have died during transport as a result of force
majeure after leaving the customs territory of the Community:
(a) in the case of a non-differentiated refund, the total refund shall be
paid;
(b) in the case of a differentiated refund, the part of the refund defined
in accordance with Article 18(2) of Regulation (EC) No 800/1999shall be paid.
Article 6
Penalties
1. The refund shall be further reduced by an amount equal to the
amount of refund which isnot paid purs uant to Article 5(1), if thenumber of animalsfor which no export refund ispaid amountsto:
(a) more than 1 % of the number endorsed in the accepted export
declaration, but at least two animals; or2003R0639 — EN — 17.12.2003 — 001.001 — 5
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(b) more than five animals.
2. The refund for all animalsindicated in the export declaration
shall be refused if the number of animals for which no refund is paidpursuant to Article 5(1) amounts to:
(a) more than 5 % of the number endorsed in the accepted export
declaration, but at least three animals; or
(b) 10 animals, but at least 2 % of the number endorsed in the
accepted export declaration.
3. For the purpose of paragraphs 1 and 2, the animals which died
during transport and the animals that gave birth or aborted before their
first unloading in the third country of final destination for which the
exporter proves to the satisfaction of the competent authority that theirdeath or the birth or abortion wasnot the res ult of non-compliance withDirective 91/628/EEC shall not be taken into account.
4. The penalty referred to in Article 51 of Regulation (EC) No 800/
1999 shall not apply to the amount not paid and the amount of the
reduction pursuant to Article 5 and to paragraphs 1 and 2 of this
Article.
Article 7
Recovery ofamountsover-paid
Where it is established after payment of the refund that Directive 91/
628/EEC hasnot been complied with, the relevant part of the refund,including where appropriate the penalty pursuant to Article 6 of thisRegulation, shall be considered to have been paid unduly and shall berecovered in accordance with the provisions of Article 52 of Regulation(EC) No 800/1999.
Article 8
Communicationofinformation
Member States shall notify to the Commission no later than 31 March
of each year the following information relating to the application of
thisRegulation during the previouscalendar year:
(a) the number of export declarationsfor live animalsfor which the
refund waspaid and the number of live animalsfor which therefund waspaid;
(b) the number of export declarationsfor which the refund wastotally
or partially not paid and the number of animalsfor which the
refund wasnot paid;
(c) the number of export declarationsfor which the refund wastotally
or partially recovered and the number of animalsfor which therefund wasrecovered, including thos e for which the recovery of
the refundsrelatesto export operationscarried out before the
period concerned;
(d) the reasons for the non-payment and the recovery of the refund for
the animalsreferred to in points(b) and (c);
(e) the amountsof the refundsin euro that were not paid and the
amountsthat were recovered, including the recovered amountscorresponding to export operations carried out before the periodconcerned;
(f) the number of export declarationsand the amountsfor which the
recovery procedure is still in process;
(g) any other information Member Statescons ider relevant regarding
the functioning of thisRegulation.2003R0639 — EN — 17.12.2003 — 001.001 — 6
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Article 9
Repeal
Regulation (EC) No 615/98 isrepealed. However, that Regulation s hall
continue to apply to export declarationsaccepted prior to the applica-
tion of thisRegulation.
References to the repealed Regulation shall be construed as references
to thisRegulation and s hall be read in accordance with the correlationtable set out in Annex IV.
Article 10
Entryintoforce
ThisRegulation s hall enter into force on the third day following that of
itspublication in the Official Journal of the European Union .
It shall apply to export declarations accepted from 1 October 2003.However, the requirement that the approval and control of the interna-
tional control and supervisory agency referred to in Article 3(2) be inaccordance with Articles16(a) to 16(f) of Regulation (EC) No 800/
1999 shall apply to export declarations accepted from 1 January 2004.
ThisRegulation s hall be binding in itsentirety and directly applicable
in all Member States.2003R0639 — EN — 17.12.2003 — 001.001 — 7
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ANNEX I2003R0639 — EN — 17.12.2003 — 001.001 — 8

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ANNEX II2003R0639 — EN — 17.12.2003 — 001.001 — 9

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ANNEX III2003R0639 — EN — 17.12.2003 — 001.001 — 10

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ANNEX IV
Correlationtable
ThisRegulation Regulation (EC) No 615/98
Article 1 Article 1
Article 2 Article 2
Article 3 Article 3
Article 4 Article 5(1), (2) and (6)
Article 5 Article 5(3)
Article 6 Article 5(4) and (5)
Article 7 Article 5(7)
Article 8
Article 9
Article 10 Article 62003R0639 — EN — 17.12.2003 — 001.001 — 11