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
Date: 1998-03-18
Institutions: European Commission
Subjects: animal welfare, cattle, export refund, protection of animals, transport of animals, veterinary inspection

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Official Journal of the European Communities

L 82/19

COMMISSION REGULATION (EC) No 615/98

of 18 March 1998

laying down specific detailed rules of application for the export refund arrange-
ments as regards the welfare of live bovine animals during transport

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Having regard to Council Regulation (EEC) No 805/68 of
27 June 1968 on the common organisation of the market
in beef and veal (1), as last amended by Regulation (EC)
2634/97 (2), and in particular Article 13(12) thereof,

Whereas Article 13(9) of Regulation (EEC) No 805/68
the payment of export refunds for live
provides that
animals is subject
to compliance with the provisions
established in Community legislation concerning animal
welfare
91/
628/EEC (3), as last amended by Directive 95/29/EC (4), on
the protection of animals during transport;

in particular Council Directive

and

Whereas, in order to guarantee that the animal welfare
standards are maintained, a monitoring system should be
introduced comprising systematic checks on exit from the
Community and checks determined on the basis of risk
analysis carried out on unloading in the third country of
final destination;

Whereas the measures provided for in this Regulation are
the Management
in accordance with the opinion of
Committee for Beef and Veal,

HAS ADOPTED THIS REGULATION:

Article 1

Scope

For the application of the second subparagraph of Article
13(9) of Regulation (EEC) No 805/68, the payment of
export refunds for live bovine animals falling within CN
code 0102 (hreinafter referred to as ‘the animals') shall be
subject to compliance, during the transport of the animals
to the first place of unloading in the third country of final
destination, with:

(cid:190) Directive 91/628/EEC, and

(cid:190) this Regulation.

Whereas the assessment of the physical condition and
state of health of animals requires specific expertise and
experience; whereas checks have therefore to be carried
out by a veterinarian;

Article 2

Checks within the Community

Whereas, in order to facilitate proper checks on exit from
the Community, exit points have to be designated;

Whereas, in cases where it is established on the basis of
the physical condition and/or state of health of a certain
number of the animals in a consignment that the provi-
sions on the protection of animals during transport have
not been complied with,
further measures should be
taken which will act as an adequate deterrent and which
should be applied uniformly;

Whereas checks after exit
from the Community are
carried out on a limited number of consignments and,
considering the particular characteristics of the measures
taken, explicit provision shold be made for the recovery
of refunds unduly paid in the light of the animal welfare
requirement;

(1) OJ L 148, 28. 6. 1968, p. 24.
(2) OJ L 356, 31. 12. 1997, p. 13.
(3) OJ L 340, 11. 12. 1991, p. 17.
(4) OJ L 148, 30. 6. 1995, p. 52.

Exit from the customs of the Community may take

1.
place only through the following exit points:

(cid:190) a border inspection post agreed by a Commission
decision for veterinary checks on live ungulates from
third countries, or

(cid:190) an exit point designated by the Member State.

2. An official veterinarian at the exit point shall verify
and certify in accordance with the provisions of Council
Directive 96/93/EC (5) that:

(cid:190) the animal are fit for the intended journey in compli-

ance with Directive 91/628/EEC,

(cid:190) the means of transport by which the live animals are
the Community

to leave the customs territory of
complies with Directive 91/628/EEC, and

(cid:190) provisions have been made for the care of the animals
during the journey in accordance with Directive 91/
628/EEC.

(5) OJ L 13, 16. 1. 1997, p. 28.

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If the official veterinarian at the exit point is satisfied
3.
that the requirements of paragraph 2 are met, he shall
certify this by the entry

(cid:190) Controles de conformidad con el art(cid:146)culo 2 del Regla-

mento (CE) no 615/98 satisfactorios

(cid:190) Kontrollen efter artikel 2 i forordning (EF) nr. 615/98

er tilfredsstillende

(cid:190) Kontrolle nach Artikel 2 der Verordnung (EG) Nr.

615/98 zufriedenstellend

(cid:190) (cid:130)kecwoi b(cid:145)sei tou (cid:145)qhqou 2 tou jamomislo(cid:151) (EJ) aqih.

615/98 ijamopoigtijo(cid:148)

(cid:190) Checks pursuant to Article 2 of Regulation (EC) No

615/98 satisfactory

(cid:190) Contr(cid:147)les vis(cid:130)s (cid:133) l’article 2 du r(cid:138)glement

(CE) no

615/98 satisfaisants

(cid:190) Controllato e risultato conforme alle disposizioni
dell’articolo 2 del regolamento (CE) n. 615/98
(cid:190) Bevindingen b¶ controle overeenkomstig artikel 2 van

Verordening (EG) nr. 615/98 bevredigend

(cid:190) Controlos satisfat(cid:155)rios nos termos do artigo 2º do

Regulamento (CE) nº 615/98

(cid:190) Asetuksen (EY) N:o 615/98 2 artiklan mukainen

tarkastus tyydytt(cid:132)v(cid:132)

(cid:190) Kontrollen enligt artikel 2 i f(cid:148)rordning (EG) nr 615/

98 (cid:132)r tillfredsst(cid:132)llande,

and by stamping and signing the document constituting
evidence of exit
the
from the customs
Community, either in Section J of the control copy T 5
or in the most appropriate place on the national docu-
ment. Where appropriate, the official veterinarian shall
indicate:

territory of

(cid:190) the number of animals which were no longer fit for
the intended journey and therefore were removed
from the consignment, and/or

(cid:190) the endorsement referred to in Article 3(3).

4. Member States may require the exporter to give
advance notice of the arrival of the consignment at the
exit point to the official veterinarian at the exit point.

5.
By way of derogation from paragraph 1, where the
simplified Community transit procedure for carriage by
rail referred to in Article 7(1) to (4) of Commission Regu-
lation (EEC) No 3665/87 (1) applies, the official veter-
inarian shall carry out checks at the office where the
animals are placed under such procedure. The certifica-
tion and endorsements referred to in paragraph 3 shall be
made on the document used for the purpose of payment
of the refund or on the control copy T 5 in the case
described in Article 7(4) of the said Regulation.

Article 3

The checks on unloading shall be carried out by:

(cid:190) an international control

and supervisory agency
approved for this purpose by a Member State or by the
Commission, or

(cid:190) an official agency of a Member State.

The person who carries out the checks shall be a veter-
inarian.

The Member States which approved an international
control and supervisory agency shall verify on a regular
basis, or when there are serious grounds for suspicion,
whether the conditions for approval are complied with.

The person responsible for the checks shall draw up

2.
a report indicating:

(cid:190) the number of live animals unloaded from the means

of transport,

(cid:190) the number of animals, among those referred to in the
previous indent, which on the basis of their physical
condition and/or state of health justify the conclusion
that the Community provisions on the protection of
animals during transport have not been complied
with,

(cid:190) whether or not the live animals have been put in

quarantine.

The checks provided for in paragraph 1 shall be

3.
carried out:

(cid:190) for each export consignement where there has been a
change of means of transport between the place where
the checks referred to in Article 2 are carried out and
the place of unloading in the third country of final
destination, and

(cid:190) in the case of exports in respect of which the official
veterinarian, during the checks referred to in Article
2(2), considers that checks should be carried out in the
third country of final destination; in such cases, the
official veterinarian shall enter one of the following
endorsements on the document referred to in Article
2(3):

(cid:190) Control requerido en el momento de la descarga

de los animales en el tercer pa(cid:146)s

(cid:190) Der kræves kontrol ved aflæsning af dyrene i tred-

jelandet

(cid:190) Kontrolle bei der Entladung der Tiere im Dritt-

land erforderlich

(cid:190) Apaite(cid:148)tai (cid:146)kecwor tgr ejv(cid:149)qtysgr tym f(cid:150)ym stgm

tq(cid:148)tg w(cid:150)qa

Checks in third countries

(cid:190) Checks requested when the animals are unloaded

1. After arrival of the animals in the third country of
final destination, their first unloading shall be subject to
checks in accordance with paragraph 3.

(1) OJ L 351, 14. 12. 1987, p. 1.

in the third country

(cid:190) Contr(cid:147)le demand(cid:130) lors du d(cid:130)chargement des

animaux dans le pays tiers

(cid:190) Richiesta di controllo all’atto dello scarico degli

animali nel paese terzo

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(cid:190) Controle b¶ het lossen van de dieren in het derde

land gevraagd

(cid:190) Solicitado o controlo aquando do descarregamento

dos animais no pa(cid:146)s terceiro

(cid:190) Tarkastus suoritettava kolmannessa maassa el(cid:132)imi(cid:132)

purettaessa

(cid:190) Kontroll kr(cid:132)vs vid lossning av djuren i tredje land.

This endorsement may be accompanied by any rel-
evant comments.

The official veterinarian shall inform the exporter or his
representative who carries out the exit formalities at the
exit point.

Article 4

Without prejudice to the checks referred to in Article 3(3),
the Member State where the export declaration is
accepted shall ensure that checks are carried out after exit
from the Community in accordance with Article 3(1) and
(2) on changing of the means of transport or unloading in
final destination without prior
the third country of
warning to the exporter or his
representative. The
consignments to be checked shall be selected on the basis
of risk analysis.

Member States shall apply this Article on their own initi-
ative or at the request of the Commission.

writing the number of live animals which were released
for free circulation in the third country of final destina-
tion. This declaration shall be considered an element of
the refund requested within the meaning of Article 11(1)
of Regulation (EEC) No 3665/87.

3.
The export refund shall not be paid for animals
which died during transport or for animals for which the
competent authority considers, in the light of the docu-
ments referred to in paragraph 2, the reports on the
checks referred to in Article 4 and/or all other elements at
its disposal concerning compliance with Article 1, that
the Directive on the protection of animals during trans-
port, was not complied with.

The weight of an animal in respect of which the refund is
not paid shall be determined on a flat-rate basis by
dividing the total weight in kilograms given in the export
declaration by the total number of animals given in that
same declaration.

4. Where the number of animals for which no refund is
paid pursuant to paragraph 3 amounts to:

(cid:190) more than 3 % of

the number indicated in the
accepted export declaration, but at least two animals,
or

(cid:190) more than five animals,

Member States shall
inform the Commission of any
obstacles experienced concerning the checks in third
countries.

the refund shall be further reduced by an amount equal to
the amount of refund which is not paid pursuant to
paragraph 3.

Article 5

Final provisions

1.
The exporter shall inform the competent authority of
the Member State where the export declaration is
accepted about all necessary details of the journey, at the
latest when the export declaration is lodged.

At the same time, or at the latest when he becomes aware
therefore,
inform the competent
shall
authority about any possible change of the means of
transport.

the exporter

the payment of export

2. Applications for
refunds
drawn up in accordance with Article 47 of Regulation
(EEC) No 3665/87 must be supplemented within the
time limit laid down in that Article by proof that Article
1 has been complied with.

This proof shall be furnished by:

(cid:190) the document referred to in Article 2(3) properly

completed, and

(cid:190) where appropriate, the report referred to in Article

3(2).

Furthermore, without prejudice to Article 5 of Regulation
(EEC) No 3665/87, in the event that the refund does not
vary according to destination, the exporter shall declare in

However, the animals which died during transport and for
which the exporter proves to the satisfaction of
the
competent authority that their death was not the result of
non-compliance with the provisions on the protection of
the animals during transport shall not be taken into
account.

5.
The penalty referred to in Article 11(1) of Regulation
(EEC) No 3665/87 shall not apply to the amount not paid
and the amount of the reduction pursuant to paragraphs 3
and 4 above.

6. Where the checks referred to in Article 3(1) could
not be carried out owing to circumstances beyond the
control of the exporter, the competent authority, on a
from the exporter, may accept other
justified request
documents which justify to its satisfaction the conclusion
that the directive on the protection of animals during
transport has been complied with.

7. Where it is established after payment of the refund
that Community legislation on the protection of animals
during transport has not been complied with, the relevant
part of the refund, including where appropriate the reduc-
tion pursuant to paragraph 4, shall be considered to have
been paid unduly and shall be recovered in accordance
with the provisions of Article 11(3) to (6) of Regulation
(EEC) No 3665/87.

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Article 6

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

It shall apply to operations for which an export declaration is accepted on or after the first
day of the sixth month following the publication of this Regulation.

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

Done at Brussels, 18 March 1998.

For the Commission

Franz FISCHLER

Member of the Commission