Commission Regulation (EC) No 774/98 of 8 April 1998 amending Regulation (EEC) No 2342/92 on imports of pure-bred breeding animals of the bovine species from third countries and the granting of export refunds thereon and repealing Regulation (EEC) No 1544/79
Date: 1998-04-08
Institutions: European Commission
Subjects: breeding animal, cattle, export refund, health certificate, import, third country

9. 4. 98

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Official Journal of the European Communities

L 111/65

COMMISSION REGULATION (EC) No 774/98

of 8 April 1998

amending Regulation (EEC) No 2342/92 on imports of pure-bred breeding
animals of the bovine species from third countries and the granting of export
refunds thereon and repealing Regulation (EEC) No 1544/79

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)
No 2634/97 (2), and in particular Article 13(12) thereof,

Whereas it is appropriate to amend Commission Regula-
tion (EEC) No 2342/92 (3), as last amended by Regulation
(EEC) No 286/93 (4);

Whereas following the Agreement on Agriculture in the
context of the Uruguay Round, import levies have been
replaced by import duties and it is therefore necessary to
amend the Regulation accordingly;

Whereas all pure-bred breeding animals entering the
Community are checked for veterinary and zootechnical
reasons at the first point of entry, according to Council
Directive 91/496/EEC (5), as last amended by Directive
96/43/EC (6), and when these animals are put into free
circulation in a customs office other than the first point
of entry, it is necessary that an authenticated copy of the
health certificate, since the original will be kept at the
first point of entry, and a certificate drawn up in con-
formity with Commission Decision 92/527/EEC (7), shall
accompany the animal;

Whereas in order to make it unprofitable to use pure-bred
breeding animals, imported duty-free, for fattening, it is
appropriate to increase the period during which an
in order to
imported animal may not be slaughtered;
ensure that imported animals are not slaughtered before
the time period stipulated, proof shall be provided by
checking the computerized database provided for
in
Council Regulation (EC) No 820/97 (8), once this database
is operational;

(1) OJ L 148, 28. 6. 1968, p. 24.
(2) OJ L 356, 31. 12. 1997, p. 13.
(3) OJ L 227, 11. 8. 1992, p. 12.
(4) OJ L 34, 10. 2. 1993, p. 7.
(5) OJ L 268, 24. 9. 1991, p. 56.
(6) OJ L 162, 1. 7. 1996, p. 1.
(7) OJ L 332, 18. 11. 1992, p. 22.
(8) OJ L 117, 7. 5. 1997, p. 1.

Whereas official veterinarians should be able to draw up
the certificate to the effect that an imported animal has
not been slaughtered within this period, since they are
competent for this task as well as those bodies which are
already empowered to do so;

Whereas the changes of members in the European Free
Trade Association should be taken into account;

Whereas it is appropriate to incorporate in the present
Regulation
Commission Decisions
to
86/404/EEC (9) and 96/510/EC (10) with regard to the
pedigree certificate;

references

Whereas Commission Regulation (EEC) No 2505/92 (11),
amending Annexes I and II to Council Regulation (EEC)
No 2658/87 of 23 July 1987 on the tariff and statistical
nomenclature and on the Common Customs Tariff (12) has
made certain amendments to the nomenclature for the
market in beef and veal and as a result it is necessary to
adjust certain CN codes;

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

Regulation (EEC) No 2342/92 is amended as follows:

1.

in Article 1,
duties’;

‘import

levies’

is replaced by ‘import

2. Article 2 is amended as follows:

(a) paragraph 1 (a) and (b) are replaced by the fol-

lowing:

‘(a) the pedigree certificate, which shall be drawn
up in conformity with Commission Decision
96/510/EC (*), and the breeding certificate;

(9) OJ L 233, 20. 8. 1986, p. 19.
(10) OJ L 210, 20. 8. 1996, p. 53.
(11) OJ L 267, 14. 9. 1992, p. 1.
(12) OJ L 256, 7. 9. 1987, p. 1.

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Official Journal of the European Communities

9. 4. 98

(b) the health certificate of the type required for
pure-bred breeding animals of
the bovine
species, or an authenticated copy of this certi-
ficate and the certificate issued by the veterin-
arian of the border inspection post drawn up in
conformity
Commission Decision
92/527/EEC (**).

with

(*) OJ L 210, 20. 8. 1996, p. 53.
(**) OJ L 332, 18. 11. 1992, p. 22.’;

(b) in paragraph 2 ‘12 months’

is replaced by ‘24

months’;

(c) in paragraph 3, ‘the 15th month’ is replaced by ‘the
27th month’ and the last subparagraph is replaced
by the following:

‘The proof referred to in (a) shall consist in a
certificate drawn up by the association, organ-
ization or official body of the Member State
keeping the herd book or an official veterin-
arian. The proof referred to in (b) shall consist
in a certificate drawn up by an official body
designated by the Member State. These proofs
shall be checked in the computerised database
provided for in Article 5 of Council Regulation
(EC) No 820/97 (*) once this database is opera-
tional.

(*) OJ L 117, 7. 5. 1997, p. 1.’;

(d) in paragraph 4,

‘12 months’

is replaced by ‘24
months’ and the reference to ‘Regulation (EEC) No
1697/79’
replaced by ‘Regulation (EEC) No
2913/92’;

is

(e) paragraph 5 is replaced by the following:

‘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
animals originating in and coming from Iceland,
Norway and Switzerland.’;

3. Article 3(a) is replaced by the following:

‘(a) the pedigree certificate, which shall be drawn up
in
conformity with Commission Decision
86/404/EEC (*), issued by the association, organiza-
tion or official body of the Member State keeping
the herd book showing in particular the results of
performance tests and the results (with the details
of origin) of the assessment of the genetic value of
the animal concerned and its parents and grand-
parents. These results may also accompany the
certificate;

(*) OJ L 233, 20. 8. 1986, p. 19.’;

4.

in Article 4(2), CN code ‘0102 10 00’ is replaced by
CN code ‘0102 10’ and ‘import levy’ is replaced by
‘import duty’.

Article 2

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

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

Done at Brussels, 8 April 1998.

For the Commission

Franz FISCHLER

Member of the Commission