Proposal for a COUNCIL REGULATION (EC) amending Regulation (EEC) No 805/68 on the common organisation of the market in beef and veal
Date: 1997-04-18
Institutions: European Commission
Subjects: animal welfare, beef, common organisation of markets, export refund, terms for aid

COMMISSION  OF THE EUROPEAN  COMMUNITIES 

Brussels,  18.04.1997 
COM(97)161 final 

97/0122  (CNS) 

Proposal  for  a 

COUNCIL REGULATION  ŒC) 

amending Regulation (EEC) No 805/68 on the common organisation of the 
market in beef and veal 

(presented  by the  Commission) 

EXPLANATORY  MEMORANDUM 

Introduction 

In the context of the 1995 amendments to Council Directive 91/628/EEC concerning 
the protection of animals during transport, the Commission made a declaration to 
examine certain provisions in respect of export refunds  for live bovine animals and 
animal welfare. 

Council competence 

Making animal welfare standards a condition for the payment of the export  refund, 
introduces a substantial new requirement into our export refund  legislation. The 
export refund  legislation (as set out in Article 13 of the basic regulation for beef, 
Council Regulation (EEC) No 805/68 on the common organisation of the market in 
beef and veal), exclusively pursues the economic objective of facilitating the export of 
surplus products to third countries without taking into account any criteria of a non- 
economic nature, such as animal welfare. Therefore, a new legal basis is proposed, 
stipulating that in the case of exports of live animals, the payment of the export refund 
shall be subject to the respect of the animal welfare standards, as set out in 
Community legislation. The detailed rules shall subsequently be adopted by 
Commission Management procedure. 

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Proposal  for a 

COUNCIL REGULATION (EC) 

amending Regulation (EEC) No 805/68 on the common organisation of the 
market in beef and veal 

THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty establishing the European Community, and in particular 
Article 43 thereof, 

Having regard to the proposal from the Commission, 

Having regard to the opinion of the European Parliament1, 

Whereas  Article  13  of  Council  Regulation  (EEC)  No  805/68  on  the  common 
organisation  of  the  market  in  beef  and  veal2  provides  for  the  granting  of  export 
refunds; whereas exports of live animals benefiting from Community funds should be 
carried out in such a way as to respect the welfare of the animals concerned; whereas 
experience  shows  that  this  is  not  always  the  case;  whereas  it  should  therefore  be 
stipulated that the payment of export refunds shall be subject to compliance with the 
animal  welfare  standards  as  set  out  in  Community  legislation  concerning  animal 
transport and in particular Council Directive 91/628/EEC on the protection of animals 
during  transport  ;  whereas  it  is  therefore  necessary  to  amend  the  aforementioned 
Article 13 accordingly; whereas it is necessary for practical reasons to provide that the 
Commission  will  lay  down detailed  implementing  rules for the application  of these 
rules to imports into third countries, 

HAS ADOPTED THIS REGULATION: 

Article 1 

Article 13 of Regulation (EEC) No 805/68 is hereby amended as follows: 

1. 

In paragraph 9 the following subparagraph shall be added: 

'Moreover, the payment of the refund for exports of live animals is subject to 
legislation 
compliance  with  the  provisions  established 
concerning animal welfare and, in particular, the protection of animals during 
transport.' 

in  Community 

i 

OJ No L 148, 28. 6.  19*8, p. 24. Regulation as test mménd  by fUgoJttfen (EC) No 2222/96 
(OJ No L 296,21.  11. 1996, p. 50.) 
OJNoL340.  11.12. 1991, p. 17. Directive as last aro«*d«d by Dfofceitve 95/29/EC 
<OJ U» L Mt, m e.  1995, p. 52.) 

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2. 

In paragraph 12 the following subparagraph shall be added: 

'With regard to the provisions laid down in paragraph 9, last subparagraph, the 
detailed rules  for the application  may  also  include  conditions  concerning,  in 
particular, imports into third countries.' 

Article 2 

This Regulation shall enter into force  on the day following  that of its publication in 
the Official Journal of the European Communities. 

It shall be applicable as from ( 

) 

This Regulation shall be binding in its entirety and directly applicable in all Member 
States. 

Done at 

For the Council 
The President 

Lf 

ISSN  0254-1475 

COM(97) 161 final 

DOCUMENTS 

EN 

03  02 

Catalogue number  : CB-CO-97-149-EN-C 

ISBN 92-78-18341-5 

Office  for Official  Publications of the European Communities 

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