1992R2342 — EN — 16.04.1998 — 003.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COMMISSIONREGULATION(EEC)No2342/92
of7August1992
on imports of pure-bred breeding animals of the bovine species from the third countries and the
grantingofexportrefundsthereonandrepealingRegulation(EEC)No1544/79
(OJ L 227, 11.8.1992, p. 12)
Amended by:
Official Journal
No page date
►M1Commission Regulation (EEC) No 3224/92 of 4 November 1992 L 320 30 5.11.1992
►M2Commission Regulation (EEC) No 3661/92 of 18 December 1992 L 370 16 19.12.1992
►M3Commission Regulation (EEC) No 286/93 of 9 February 1993 L 34 7 10.2.1993
►M4Commission Regulation (EC) No 774/98 of 8 April 1998 L 111 65 9.4.1998
▼B
COMMISSIONREGULATION(EEC)No2342/92
of7August1992
onimportsofpure-bredbreedinganimalsofthebovinespeciesfrom
thethirdcountriesandthegrantingofexportrefundsthereonand
repealingRegulation(EEC)No1544/79
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European EconomicCommunity,
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 theCommunity; whereas on export a higher refund is paid on femaleanimals up to 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; whereasthe definition given in Article 1 of Council Directive 77/504/EEC of 25July 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
certificates and the health certificates normally required for such animals
and importers must undertake to keep the animals alive for a certainperiod;
Whereas, since there is no provision for a security to ensure that these
animals are kept alive for that period, provision should be made forCouncil 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 person liable for payment on goods entered for a customsprocedure involving the obligation 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 provisionsrelating to, or obligations on, the third countries concerned should be
waived but the pedigree and breeding certificates and the health
certificates relating to pure-bred breeding animals must be required to bepresented 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 surethat they are really intended for breeding and the geneticvalueassessment 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 sumsmust 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 requirements1992R2342 — EN — 16.04.1998 — 003.001 — 2
(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.
▼B
pertaining to the granting of export refunds on pure-bred breeding
animals; whereas, for the sake of clarity it should be repealed and itsprovisions incorporated in this Regulation;
Whereas the measures provided for in this Regulation are in accordance
with the opinion of the Management Committee for Beef and Veal,
HAS ADOPTED THIS REGULATION:
Article 1
For the purposes of collecting ►M4import duties ◄and granting
export refunds, live animals of the bovine species shall be consideredpure-bred breeding animals falling within CN code ►
M20102 10 ◄if
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 consideredpure-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 ◄, importers
shall present the following to the customs authorities of the MemberState in respect of each animal:
(a) the pedigree certificate, which shall be drawn up in conformity with
Commission Decision 96/510/EC(
1), and the breeding certificate;
(b) the health certificate of the type required for pure-bred breeding
animals of the bovine species, or an authenticated copy of this
certificate and the certificate issued by the veterinarian of the borderinspection post drawn up in conformity with Commission Decision92/527/EEC(
2).
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 ►M424 months ◄
of the day on which it is imported.
3. By no later than the end of ►M4the 27th month ◄following
that of release for free circulation, importers shall provide the customsauthorities of the Member 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 ◄;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 keepingthe herd book or an official veterinarian. The proof referred to in (b)shall consist in a certificate drawn up by an official body designated bythe Member State. These proofs shall be checked in the computerised
database provided for in Article 5 of Council Regulation (EC) No 820/
97(
3) once this database is operational.
4. Failure to observe the requirement relating to the period of
►M424 months ◄, except where paragraph 3 (b) applies, shall result
in classification of the animal in question under CN code 0102 90 andshall give rise to proceedings to recover import duties not collected, inaccordance with ►
M4Regulation (EEC) No 2913/92 ◄.1992R2342 — EN — 16.04.1998 — 003.001 — 3
(1) OJ L 210, 20. 8. 1996, p. 53.
(2) OJ L 332, 18. 11. 1992, p. 22.
(3) OJ L 117, 7. 5. 1997, p. 1.▼M4
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▼M4
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5. The provisions relating to:
— the age limit laid down in Article 1,
— the obligations specified in paragraphs 2, 3, and 4,
shall not apply to imports of pure-bred breeding animals originating in
and coming from Iceland, Norway 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 timecustoms export formalities are completed, of the original and a copy of:
(a) the pedigree certificate, which shall be drawn up in conformity with
Commission Decision 86/404/EEC(
1), issued by the association,
organization or official body of the Member State keeping the herdbook showing in particular the results of performance tests and theresults (with the details of origin) of the assessment of the geneticvalue of the animal concerned and its parents and grandparents.
These results may also accompany the certificate;
(b) the health certificate for pure-bred breeding animals of the bovine
species required by the third country of destination.
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 beattached to the 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 berepaid or the necessary measures taken by the competent authorities forsuch 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 ►
M40102 10 ◄, the pedigree
certificate shows that the breeder is established in the Community, theimporter must also give proof that no refund has been granted or that anyrefund granted has been repaid. If such proof cannot be provided, anexport refund equal to the highest ►
M4import duty ◄applicable to
animals of the bovine species falling within CN code 0102 90 on the day
of re-importation into the Community shall be considered as 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.1992R2342 — EN — 16.04.1998 — 003.001 — 4
(1) OJ L 233, 20. 8. 1986, p. 19.▼M3
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▼B