EN Official Journal of the European Union CE 78/262

(2004/C 78 E/0262)

WRITTEN QUESTION P-3332/03

by Herbert Bösch (PSE) to the Commission

(6 November 2003)

Subject: Export refunds for live cattle

The Commission's 2002 annual report on the protection of the Communities' financial interests and the fight against fraud mentions 561 cases of irregularities involving live animals.

Can the Commission state how many of these irregularities related to shipments of breeding cattle and also indicate the amount of money involved? How many cases relate to cattle intended for slaughter?

How many animal shipments that benefited from export refunds in 2002 were checked (in absolute and relative figures)?

Can the Commission name the ten undertakings that received most export refunds for live animal shipments in 2002? What amount did each of these undertakings receive under this budget heading?

Answer given by Mr Fischler on behalf of the Commission

(17 December 2003)

The Commission's 2002 annual report on protection of the Community's financial interests and the fight against fraud mentions 561 irregularity cases involving live animals (Chapter 01 of the Combined Nomenclature). Cattle accounted for 444 cases (amount involved EUR 4,7 million) and sheep for 117 cases (EUR 1,5 million). Of the cattle cases 262 were straight export refund frauds.

Article 3 of Regulation (EC) No 595/91 (1) requires the Member States to provide particulars of irregularity cases but the information received by the Commission does not enable it to distinguish between breeding animals and those intended for slaughter.

The legislation in force requires Member States to check all cattle leaving the Community for which an export refund is claimed. Regulation (EC) No 615/98 (2) made payment of the refund conditional on compliance with Directive 91/628/EEC (3) and required bovine animals to be inspected by a veterinarian at the point where they left the Community's customs territory. It also required a check when the animals were unloaded in the country of final destination in cases where the means of transport was changed after departure from the Community and in cases where the veterinarian at the exit point from the Community considered that one should be made. This Regulation was recently replaced by Regulation (EC) No 639/2003 (4) applying to export declarations accepted from 1 October 2003. The new Regulation requires veterinary inspection of all consignments at the point of exit from the Community's customs territory at any point outside the Union where the means of transport is changed and at the place where the animals are unloaded in the country of final destination.

In reply to the Honourable Member's third question (the identity of the top ten companies for live animal export refunds in 2002 and the amount received by each), Article 2(3) of Regulation (EC) No 2390/1999 (5) states that the Commission is to ensure that the information it receives under that Regulation is kept confidential. Thus it cannot provide the name of any recipient of aid from the EAGGF Guarantee Section.

It can however provide aggregate figures. In the 2002 EAGGF financial year (16 October 2001 to 15 October 2002) EUR 56 million was paid out in live animal export refunds to 98 recipients. The ten biggest of these accounted for 80 % of this amount.

(1) Council Regulation (EEC) No 595/91 of 4 March 1991 concerning irregularities and the recovery of sums wrongly paid in connection with the financing of the common agricultural policy and the organisation of an information system in this field and repealing Regulation (EEC) No 283/72, OJ L 67, 14.3.1991.

(2) Commission Regulation (EC) No 615/98 of 18 March 1998 laying down specific detailed rules of application for the export refund arrangements as regards the welfare of live bovine animals during transport, OJ L 82, 19.3.1998.

(3) Council Directive 91/628/EEC of 19 November 1991 on the protection of animals during transport and amending Directives 90/425/EEC and 91/496/EEC, OJ L 340, 11.12.1991.

(4) Commission Regulation (EC) No 639/2003 of 9 April 2003 laying down detailed rules pursuant to Council Regulation (EC) No 1254/1999 as regards requirements for the granting of export refunds related to the welfare of live bovine animals during transport, OJ L 93, 10.4.2003.

(5) Commission Regulation (EC) No 2390/1999 of 25 October 1999 laying down detailed rules on the application of Regulation (EC) No 1663/95 as regards the form and content of the accounting information that the Member States must hold at the disposal of the Commission for the purposes of the clearance of the EAGGF Guarantee Section accounts, OJ L 295, 16.11.1999.