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
Date: 2003-04-09
Institutions: European Commission
Subjects: animal welfare, cattle, export refund, live animal, transport of animals

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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

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(6)

Having regard to the Treaty establishing the European
Community,

Having regard to Council Regulation (EC) No 1254/1999 of 17
May 1999 on the common organisation of the market in beef
and veal (1), as last amended by Commission Regulation (EC)
No 2345/2001 (2), and in particular Article 33(12) thereof,

Whereas:

(1)

(2)

(3)

(4)

(5)

Article 33(9) of Regulation (EC) No 1254/1999 provides
that the payment of the refund for exports of live bovine
animals is subject to compliance with Community legis-
lation concerning animal welfare and,
in particular,
Council Directive 91/628/EEC of 19 November 1991 on
the protection of animals during transport (3), as last
amended by Directive 95/29/EC (4).

live bovine
Detailed rules as regards the welfare of
animals during transport are laid down in Commission
Regulation (EC) No 615/98 (5). Experience has shown
the need to improve the enforcement of animal welfare
requirements for the granting of refunds for the export
of those animals. Therefore the checks and penalties
provided for in that Regulation should be reinforced. In
addition, in the interests of clarity, Regulation (EC) No
615/98 should be replaced.

In order to guarantee that the animal welfare standards
are maintained, a monitoring system should be intro-
duced comprising compulsory checks at the exit point
from the Community and after leaving the customs terri-
tory of
the Community where there is a change of
means of transport and also at the place of the first
unloading in the third country of final destination.

In order to facilitate proper checks on exit from the
Community, it is necessary to designate exit points.

The assessment of the physical condition and state of
health of animals requires specific expertise and experi-
ence. Checks should therefore be carried out by a veteri-
narian. Moreover, the extent of those checks should be
clarified and a model report set out in order to make
those checks accurate and harmonised.

(1) OJ L 160, 26.6.1999, p. 21.
(2) OJ L 315, 1.12.2001, p. 29.
(3) OJ L 340, 11.12.1991, p. 17.
(4) OJ L 148, 30.6.1995, p. 52.
(5) OJ L 82, 19.3.1998, p. 19.

Checks in third countries for the purposes of this Regu-
lation should be compulsory and should be carried out
by agencies of Member States or by international control
and supervisory agencies (hereinafter referred to as SAs)
approved and controlled by Member States in accor-
dance with Commission Regulation (EC) No 800/1999
of 15 April 1999 laying down common detailed rules
for the application of the system of export refunds on
agricultural products (6), as last amended by Regulation
(EC) No 444/2003 (7). In order to carry out checks for
purposes of this Regulation, the SAs should in particular
meet the requirements for approval and control set out
in Annex VI to Regulation (EC) No 800/1999 as from 1
January 2004.

(7)

(8)

(9)

In addition to the non-payment of the export refund,
when there is evidence that Directive 91/628/EEC is not
complied with for a high number of animals, appro-
priate penalties should be applied. Furthermore, where
such non-compliance is due to a complete disregard of
animal welfare requirements, the total loss of the refund
should be established.

Member States should provide the Commission with the
necessary information for purposes of monitoring and
reporting on the application of this Regulation.

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

Scope

Payment of export refunds for live bovine animals falling
within CN code 0102 (hereinafter referred to as the animals),
pursuant to Article 33(9), second subparagraph, of Regulation
(EC) No 1254/1999, 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 the provisions of Direc-
tive 91/628/EEC and of this Regulation.

(6) OJ L 102, 17.4.1999, p. 11.
(7) OJ L 67, 12.3.2003, p. 3.

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Article 2

Checks within the Community

1.
The exit of the animals from the customs territory of the
Community may take place only through the following exit
points:

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

(b) an exit point designated by the Member State.

The official veterinarian at

2.
from the
Community shall verify in accordance with Council Directive
96/93/EC (1) for those animals for which an export declaration
is accepted whether:

the exit point

(a) the requirements laid down in Directive 91/628/EEC have
been complied with from the place of departure, as defined
in Article 2(2)(e) of that Directive, until the exit point; and

(b) the transport conditions for the rest of the journey comply
with the provisions of Directive 91/628/EEC and that the
necessary arrangements have been taken to ensure their
compliance until the first unloading in the third country of
final destination.

The official veterinarian who has conducted the checks shall
complete a report in accordance with the model set out in
Annex I certifying whether the results of the checks performed
in accordance with the first subparagraph are satisfactory or
not satisfactory.

The veterinarian authority responsible for the exit point shall
keep this report for at least three years.

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

— Resultados de los controles de conformidad con el artículo

2 del Reglamento (CE) no 639/2003 satisfactorios

— Resultater af kontrollen efter artikel 2 i forordning (EF) nr.

639/2003 er tilfredsstillende

— Ergebnisse der Kontrollen nach Artikel 2 der Verordnung

(EG) Nr. 639/2003 zufriedenstellend

— Αποτελέσµατα των ελέγχων βάσει του άρθρου 2 του κανο-

νισµού (EK) αριθ. 639/2003 ικανοποιητικά

— Results of the checks pursuant to Article 2 of Regulation

(EC) No 639/2003 satisfactory

— Résultats des contrôles visés à l'article 2 du règlement (CE)

no 639/2003 satisfaisants

— Risultati dei controlli conformi alle disposizioni dell'articolo

2 del regolamento (CE) n. 639/2003

— Bevindingen bij controle overeenkomstig artikel 2 van

Verordening (EG) nr. 639/2003 bevredigend

— Resultados dos controlos satisfatórios nos termos do artigo

2.o do Regulamento (CE) n.o 639/2003

— Asetuksen (EY) N:o 639/2003 2 artiklan mukaisten tarkas-

tuksen tulokset ovat hyväksyttävät

— Resultaten av kontrollen enligt artikel 2 i förordning (EG)

nr 639/2003 är tillfredsställande

(1) OJ L 13, 16.1.1997, p. 28.

and by stamping and signing the document constituting
evidence of exit from the customs territory of the Community,
either in Section J of the control copy T5 or in the most appro-
priate place on the national document.

The official veterinarian at the exit point shall endorse on
4.
the document referred to in paragraph 3 the total number of
animals for which an export declaration had been accepted
minus the number of animals which gave birth or aborted
during transport, died or for which the requirements of Direc-
tive 91/628/EEC were not complied with.

5. 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.

6.
By way of derogation from paragraph 1, where the
simplified Community transit procedure for carriage by rail or
large containers referred to in Article 10 of Regulation (EC) No
the official veterinarian shall carry out
800/1999 applies,
checks at the office where the animals are placed under such
procedure.

The certification and endorsements referred to in paragraphs 3
and 4 of this Article shall be made on the document used for
the purpose of payment of the refund or on the T5 control
copy in the case described in Article 10(4) of Regulation (EC)
No 800/1999.

Article 3

Checks in third countries

1.
After leaving the customs territory of the Community, the
exporter shall ensure that the animals shall be subject to a
check at:

(a) any place where there is a change of means of transport
except where such change was not planned and is due to
exceptional and unforeseen circumstances;

(b) the place of the first unloading in the third country of final

destination.

and

control

An international

2.
agency,
approved and controlled for this purpose by a Member State in
accordance with Articles 16(a) to 16(f) of Regulation (EC) No
800/1999, or an official agency of a Member State shall be
responsible for carrying out the checks provided for in para-
graph 1.

supervisory

The checks provided for in paragraph 1 shall be carried out by
a veterinarian.

A report of each check carried out pursuant to paragraph 1
shall be completed in accordance with the models set out in
Annexes II and III by the veterinarian who carried out the
check.

Article 4

Procedure for payment of export refunds

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.

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

the exporter shall

The refund for all animals indicated in the export declara-
2.
tion shall be refused if the number of animals for which no
refund is paid pursuant to Article 5(1) amounts to:

2.
Applications for the payment of export refunds drawn up
in accordance with Article 49 of Regulation (EC) No 800/1999
must be supplemented within the time limit laid down in that
Article by:

(a) the document referred to in Article 2(3) of this Regulation

duly completed; and

(b) the reports provided for in Article 3(2) of this Regulation.

3. Where the checks referred to in Article 3(1) could not be
carried out due to circumstances beyond the control of the
exporter, the competent authority, on a reasoned request from
the exporter, may accept other documents which prove to its
satisfaction that Directive 91/628/EEC has been complied with.

Article 5

Non-payment of export refunds

1.

The export refund shall not be paid for:

(a) animals which have died during transport, except as

provided in paragraph 2;

(b) animals which have given birth or aborted during transport
before their first unloading in the third country of final
destination;

(c) animals for which the competent authority considers that
Directive 91/628/EEC has not been complied with, in the
light of the documents referred to in Article 4(2) and/or all
other elements at its disposal concerning compliance with
this Regulation.

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.

2. Where the animals have died during transport as a result
of
the
force majeure after leaving the customs territory of
Community:

(a) in the case of a non-differentiated refund, the total refund

shall be paid;

(b) in the case of a differentiated refund, the part of the refund
defined in accordance with Article 18(2) of Regulation (EC)
No 800/1999 shall be paid.

Article 6

Penalties

1.
The refund shall be further reduced by an amount equal
to the amount of refund which is not paid pursuant to Article
5(1), if the number of animals for which no export refund is
paid amounts to:

(a) more than 1 % of the number endorsed in the accepted

export declaration, but at least two animals; or

(b) more than five animals.

(a) more than 5 % of the number endorsed in the accepted

export declaration, but at least three animals; or

(b) 10 animals, but at least 2 % of the number endorsed in the

accepted export declaration.

For the purpose of paragraphs 1 and 2, the animals
3.
which died during transport and the animals that gave birth or
aborted before their first unloading in the third country of final
destination for which the exporter proves to the satisfaction of
the competent authority that their death or the birth or abor-
tion was not the result of non-compliance with Directive 91/
628/EEC shall not be taken into account.

4.
The penalty referred to in Article 51 of Regulation (EC)
No 800/1999 shall not apply to the amount not paid and the
amount of the reduction pursuant to Article 5 and to para-
graphs 1 and 2 of this Article.

Article 7

Recovery of amounts over-paid

the

refund,

Where it is established after payment of the refund that Direc-
tive 91/628/EEC has not been complied with, the relevant part
of
the penalty
pursuant to Article 6 of this Regulation, shall be considered to
have been paid unduly and shall be recovered in accordance
with the provisions of Article 52 of Regulation (EC) No 800/
1999.

including where appropriate

Article 8

Communication of information

Member States shall notify to the Commission no later than 31
March of each year the following information relating to the
application of this Regulation during the previous calendar
year:

(a) the number of export declarations for live animals for
which the refund was paid and the number of live animals
for which the refund was paid;

(b) the number of export declarations for which the refund
was totally or partially not paid and the number of animals
for which the refund was not paid;

(c) the number of export declarations for which the refund
was totally or partially recovered and the number of
animals for which the refund was recovered,
including
those for which the recovery of the refunds relates to
export operations carried out before the period concerned;

(d) the reasons for the non-payment and the recovery of the
refund for the animals referred to in points (b) and (c);

(e) the amounts of the refunds in euro that were not paid and
the amounts that were recovered, including the recovered
amounts corresponding to export operations carried out
before the period concerned;

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(f) the number of export declarations and the amounts for

which the recovery procedure is still in process;

(g) any other information Member States consider relevant

regarding the functioning of this Regulation.

Article 9

Repeal

Regulation (EC) No 615/98 is repealed. However, that Regula-
tion shall continue to apply to export declarations accepted
prior to the application of this Regulation.

References to the repealed Regulation shall be construed as
references to this Regulation and shall be read in accordance
with the correlation table set out in Annex IV.

Article 10

Entry into force

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

It shall apply to export declarations accepted from 1 October
2003.

However, the requirement that the approval and control of the
international control and supervisory agency referred to in
Article 3(2) be in accordance with Articles 16(a) to 16(f) of
Regulation (EC) No 800/1999 shall apply to export declarations
accepted from 1 January 2004.

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

Done at Brussels, 9 April 2003.

For the Commission

Franz FISCHLER

Member of the Commission

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ANNEX I

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ANNEX II

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ANNEX III

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ANNEX IV

Correlation table

This Regulation

Regulation (EC) No 615/98

Article 1

Article 2

Article 3

Article 4

Article 5

Article 6

Article 7

Article 8

Article 9

Article 10

Article 1

Article 2

Article 3

Article 5(1), (2) and (6)

Article 5(3)

Article 5(4) and (5)

Article 5(7)

Article 6