1992R2342 — EN — 01.01.1993 — 001.001 — 1
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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
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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
fromthethirdcountriesandthegrantingofexportrefundsthereon
and repealing Regulation (EEC) No 1544/79
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 importlevy is notpayable 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 fallingwithin 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
lastamended by Direct ive 91/174/EEC (4), mustbe used for t he
purpose;
Whereas in order to ensure that imported animals are actually intended
for breeding they must be accompanied by the pedigree and breedingcertificates and the health certificates normally required for suchanimals and importers must undertake to keep the animals alive for acertain period;
Whereas, since there is no provision for a security to ensure that these
animals are keptalive for t hatperiod, provision should be made forCouncil Regulation (EEC) No 1697/79 of 24 July 1979 on the post-clearance recovery of importdut ies or exportdut ies which have notbeen required of the person liable for payment on goods entered for acustoms procedure 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 bewaived but the pedigree and breeding certificates and the health certi-ficates 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 genetic value assess-ment results that must appear on or accompany the pedigree certificateshould be specified;
Whereas pure-bred breeding animals imported into the Community
must be checked to see that they have not previously been exportedfrom the Community and that export refunds have not been paidthereon; whereas, where export refunds have been paid on such animals,the sums must be repaid before the animals are re-imported into theCommunity;
(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.
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▼B
Whereas Commission Regulation (EEC) No 1544/79 (1), amended by
Regulation (EEC) No 3988/87 (2), only covers the requirements
pertaining to the granting of export refunds on pure-bred breedinganimals; 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 import levies and granting export refunds,
live animals of the bovine species shall be considered pure-bredbreeding animals falling within CN code ►
M20102 10 ◄if they
meet the definition laid down in Article 1 of Directive 77/504/EEC. Inaddition, 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 ◄, impor-
ters shall present the following to the customs authorities of theMember State in respect 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 itis import ed.
3. By no later than the end of the 15th month following that of
release for free circulation, importers shall provide the customs authori-ties 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 and has been registered or entered in a herdbook; or
(b) has been slaughtered before the expiry of the time limit for health
reasons or has died as a resultof 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 holdingthe herd book. The proof referred to in (b) shall consist in a certificatedrawn up by an official body designated by the Member State.
4. Failure to observe the requirement relating to the period of 12
mont hs, exceptwhere paragraph 3 (b) applies, shall resultin classi-fication of the animal in question under CN code 0102 90 and shall giverise to proceedings to recover import duties not collected, in accordancewith 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 4
shall not apply to imports of pure-bred breeding originating in and
coming from Austria, Finland, Iceland, Norway, Sweden and Switzer-land.
(1) OJ No L 187, 25. 7. 1979, p. 8.
(2) OJ No L 376, 31. 12. 1987, p. 31.
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▼B
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 issued by the association, organization or
official body of the Member State holding the herd book showing inparticular the results of performance tests and the results (withdetails of origin) of the assessment of the genetic value of theanimal concerned and its parents and grandparents. These resultsmay 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 0102 10 00, the pedigree certificateshows that the breeder is established in the Community, the importermust also give proof that no refund has been granted or that any refundgranted has been repaid. If such proof cannot be provided, an exportrefund equal to the highest import levy applicable to animals of thebovine species falling within CN code 0102 90 on the day of re-importation into the Community shall be considered as having beenpaid.
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.