****

( 1 ) OJ NO L 14 , 21 . 1 . 1969 , P . 1 .

( 2 ) OJ NO L 40 , 11 . 2 . 1977 , P . 1 .

( 3 ) OJ NO L 172 , 22 . 7 . 1968 , P . 1 .

( 4 ) SEE PAGE 47 OF THIS OFFICIAL JOURNAL .

COMMISSION REGULATION ( EEC ) NO 485/79

OF 13 MARCH 1979

DETERMINING THE CONDITIONS OF ENTRY OF HORSES INTENDED FOR SLAUGHTER UNDER SUBHEADING 01.01 A II OF THE COMMON CUSTOMS TARIFF

THE COMMISSION OF THE EUROPEAN

COMMUNITIES ,

HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ,

HAVING REGARD TO COUNCIL REGULATION ( EEC ) NO 97/69 OF 16 JANUARY 1969 ON MEASURES TO BE TAKEN FOR UNIFORM APPLICATION OF THE NOMENCLATURE OF THE COMMON CUSTOMS TARIFF ( 1 ), AS LAST AMENDED BY REGULATION ( EEC ) NO 280/77 ( 2 ), AND IN PARTICULAR ARTICLES 3 AND 4 THEREOF ,

WHEREAS THE COMMON CUSTOMS TARIFF ANNEXED TO COUNCIL REGULATION ( EEC ) NO 950/68 ( 3 ), AS LAST AMENDED BY REGULATION ( EEC ) NO 484/79 ( 4 ), REFERS IN SUBHEADING 01.01 A II TO HORSES INTENDED FOR SLAUGHTER ; WHEREAS ENTRY OF SUCH HORSES UNDER THIS SUBHEADING IS SUBJECT TO CONDITIONS TO BE DETERMINED BY THE COMPETENT AUTHORITIES ; WHEREAS , IN ORDER TO ENSURE UNIFORM APPLICATION OF THE NOMENCLATURE AND RATES OF DUTY OF THE COMMON CUSTOMS TARIFF , PROVISIONS ARE NECESSARY TO FIX THOSE CONDITIONS ;

WHEREAS SINCE THE TARIFF BENEFIT ON THE SLAUGHTER OF IMPORTED HORSES IS HIGH , IT IS NECESSARY TO MAKE PROVISION , IN PARTICULAR , FOR :

1 . THE IMPORTER TO BE REQUIRED TO ENSURE THAT THE HORSES ARE SLAUGHTERED , AS WELL AS TO GIVE SECURITY FOR AND , WHERE NECESSARY , TO PAY THE DIFFERENCE BETWEEN THE CUSTOMS DUTY UNDER SUBHEADING 01.01 A III AND THAT UNDER SUBHEADING 01.01 A II ;

2 . THE HORSES TO BE IDENTIFIED IN SUCH A MANNER THAT THEY MAY BE TRACED CONTINUOUSLY FROM THE TIME THEY ENTER INTO FREE CIRCULATION UNTIL THEIR SLAUGHTER ;

3 . CONVEYANCE OF HORSES BETWEEN THE CUSTOMS OFFICE AND THE ABATTOIR TO BE BY MEANS OF TRANSPORT DULY SEALED ;

4 . PROOF TO BE PRODUCED THAT THE HORSES HAVE BEEN SLAUGHTERED IN ACCORDANCE WITH THE CONDITIONS LAID DOWN IN THIS REGULATION ;

WHEREAS WHILE THERE IS NO HARMONIZATION AT COMMUNITY LEVEL OF HEALTH PROVISIONS RELATING TO HORSES INTENDED FOR SLAUGHTER , SUCH HORSES ARE NOT IN PRACTICE REMOVED FROM ONE MEMBER STATE TO ANOTHER ; WHEREAS UNDER THESE CONDITIONS IT DOES NOT APPEAR NECESSARY TO LAY DOWN PROVISIONS CONCERNING THE TRANSFER OF SUCH HORSES FROM ONE MEMBER STATE TO ANOTHER ;

WHEREAS THE MEASURES PROVIDED FOR IN THIS REGULATION ARE IN ACCORDANCE WITH THE OPINION OF THE COMMITTEE ON COMMON CUSTOMS TARIFF NOMENCLATURE ,

HAS ADOPTED THIS REGULATION :

ARTICLE 1

THE ENTRY UNDER SUBHEADING 01.01 A II OF THE COMMON CUSTOMS TARIFF OF HORSES INTENDED FOR SLAUGHTER SHALL BE SUBJECT TO THE CONDITIONS OF THE PROVISIONS SET OUT IN ARTICLES 2 TO 7 .

ARTICLE 2

1 . AT THE TIME OF ENTRY INTO FREE CIRCULATION , EACH HORSE MUST BE IDENTIFIED TO THE SATISFACTION OF THE COMPETENT AUTHORITIES BY A CLEARLY LEGIBLE MARK RESULTING FROM THE REMOVAL OF HAIR , BY MEANS OF SCISSORS OR OTHERWISE , FROM THE LEFT SHOULDER , COMPRISING THE MARK ' X ' TO INDICATE THAT THE HORSE IS INTENDED FOR SLAUGHTER , AND A NUMBER TO ENABLE A HORSE TO BE IDENTIFIED FROM THE TIME OF ENTRY INTO FREE CIRCULATION TO THE TIME OF SLAUGHTER .

THIS MARKING MUST BE DONE EITHER BEFORE OR AT THE TIME OF RELEASE OF THE HORSES FOR FREE CIRCULATION .

2 . THE DETAILS OF THE MARKING SHALL BE GIVEN IN THE ENTRY FOR FREE CIRCULATION OF THE HORSES CONCERNED . A COPY OF THIS ENTRY SHALL ACCOMPANY THE HORSES , AND MUST REACH THE AUTHORITY REFERRED TO IN ARTICLE 4 ( 1 ).

ARTICLE 3

1 . AFTER COMPLETION OF THE CUSTOMS FORMALITIES RELATING TO ENTRY INTO FREE CIRCULATION , THE HORSES MUST BE BROUGHT DIRECTLY BY MEANS OF TRANSPORT DULY SEALED BY THE COMPETENT AUTHORITY , WITHOUT PREJUDICE TO ANY NATIONAL PROVISIONS CONCERNING THE BREAKING AND REPLACEMENT OF SEALS IN CASES OF EMERGENCY , TO AN ABATTOIR RECOGNIZED BY THE COMPETENT AUTHORITIES , TO BE SLAUGHTERED .

2 . ON ARRIVAL AT THE ABATTOIR , THE VEHICLE MUST BE UNSEALED AND THE HORSES DISCHARGED IN THE PRESENCE OF THE COMPETENT AUTHORITY .

3 . HOWEVER , THE PROVISIONS OF PARAGRAPHS 1 AND 2 DO NOT APPLY WHEN THE CUSTOMS OFFICE WHERE THE FORMALITIES REFERRED TO IN PARAGRAPH 1 ARE COMPLETED IS IN THE ABATTOIR , IF THE HORSES ARE IMMEDIATELY TAKEN INTO THE CHARGE OF THE AUTHORITY REFERRED TO IN ARTICLE 4 ( 1 ).

MOREOVER , WHEN THE CUSTOMS OFFICE AT WHICH THE FORMALITIES REFERRED TO IN PARAGRAPH 1 ARE COMPLETED IS IN THE IMMEDIATE VICINITY OF THE ABATTOIR , THE COMPETENT AUTHORITY MAY , INSTEAD OF USING SEALS , TAKE APPROPRIATE CONTROL MEASURES TO ENSURE THAT THE HORSES ARE TRANSFERRED DIRECTLY TO THE ABATTOIR AND ARE TAKEN INTO THE CHARGE OF THE AUTHORITY REFERRED TO IN ARTICLE 4 ( 1 ).

ARTICLE 4

1 . PROOF THAT THE HORSES HAVE BEEN SLAUGHTERED MUST BE SUPPLIED , EITHER BY A CERTIFICATE ISSUED BY THE AUTHORITY EMPOWERED TO DO SO , OR BY AN ENDORSEMENT ADDED BY THAT AUTHORITY TO THE COPY ENTRY REFERRED TO IN ARTICLE 2 ( 2 ) WHICH ESTABLISHES THAT THE IDENTITY OF THE SLAUGHTERED ANIMALS AGREES WITH THE DETAILS SET OUT ON THE ENTRY INTO FREE CIRCULATION .

2 . WITHIN 18 DAYS FROM THE DATE OF ACCEPTANCE OF THE ENTRY INTO FREE CIRCULATION OF THE HORSES , PROOF THAT SLAUGHTER HAS TAKEN PLACE MUST REACH THE CUSTOMS OFFICE WHERE THE SAID ENTRY WAS PRESENTED , EITHER DIRECTLY FROM THE AUTHORITY REFERRED TO IN PARAGRAPH 1 , OR , ON ITS BEHALF , FROM THE IMPORTER , IN ACCORDANCE WITH THE DECISION OF THE MEMBER STATE CONCERNED .

ARTICLE 5

IF ON ARRIVAL AT THE ABATTOIR THE HORSE CANNOT BE IDENTIFIED , OR THE PROVISIONS OF ARTICLE 3 HAVE NOT BEEN FULFILLED , THE COMPETENT AUTHORITY MUST IMMEDIATELY INFORM THE COMPETENT CUSTOMS AUTHORITY , WHICH SHALL TAKE ACTION AS NECESSARY .

ARTICLE 6

1 . THE IMPORTER SHALL :

( A ) ENSURE THAT THE HORSES ARE SLAUGHTERED IN ACCORDANCE WITH THE CONDITIONS LAID DOWN IN THIS REGULATION ;

( B ) PROVIDE SECURITY , THE FORM OF WHICH SHALL BE SPECIFIED BY THE COMPETENT AUTHORITIES , IN RESPECT OF THE DIFFERENCE BETWEEN THE AMOUNT RESULTING FROM THE APPLICATION , AT THE DATE OF ACCEPTANCE BY THE COMPETENT AUTHORITIES OF THE ENTRY FOR RELEASE OF THE HORSES INTO FREE CIRCULATION , OF THE CUSTOMS DUTY UNDER SUBHEADING 01.01 A III AND THAT UNDER SUBHEADING 01.01 A II ;

( C ) PAY THE DIFFERENCE REFERRED TO IN ( B ) WHERE THE CONDITIONS LAID DOWN IN THIS REGULATION HAVE NOT BEEN COMPLIED WITH , EXCEPT WHERE IN THE OPINION OF THE COMPETENT AUTHORITIES THERE ARE NO GROUNDS FOR CONSIDERING THAT A FRAUDULENT ACT HAS BEEN COMMITTED ;

( D ) AT THEIR REQUEST , ALLOW THE COMPETENT AUTHORITIES TO INSPECT ALL BOOKS , DOCUMENTS AND ACCOUNTS RELATING TO THE HORSES IN QUESTION ;

( E ) SUBMIT TO ANY MEASURE OF CONTROL WHICH THE COMPETENT AUTHORITIES MAY DEEM APPROPRIATE TO CHECK THE ACTUAL SLAUGHTER OF THE HORSES .

2 . THE SECURITY SHALL BE RELEASED IMMEDIATELY AFTER EITHER PROVISION OF PROOF OF SLAUGHTER UNDER THE CONDITIONS LAID DOWN IN THIS REGULATION , OR PAYMENT OF THE DIFFERENCE REFERRED TO IN PARAGRAPH 1 ( B ).

ARTICLE 7

FOR THE PURPOSES OF THIS REGULATION , THE TERRITORY OF THE BENELUX ECONOMIC UNION SHALL BE CONSIDERED TO BE A SINGLE MEMBER STATE .

ARTICLE 8

EACH MEMBER STATE SHALL INFORM THE COMMISSION OF THE STEPS TAKEN BY ITS CENTRAL ADMINISTRATION FOR THE PURPOSE OF APPLYING THIS REGULATION .

THE COMMISSION SHALL FORTHWITH COMMUNICATE THIS INFORMATION TO THE OTHER MEMBER STATES .

ARTICLE 9

THIS REGULATION SHALL ENTER INTO FORCE ON 1 JULY 1979 .

THIS REGULATION SHALL BE BINDING IN ITS ENTIRETY AND DIRECTLY APPLICABLE IN ALL MEMBER STATES .

DONE AT BRUSSELS , 13 MARCH 1979 .

FOR THE COMMISSION

ETIENNE DAVIGNON

MEMBER OF THE COMMISSION