Commission Regulation (EC) No 2187/2003 of 15 December 2003 amending Regulation (EC) No 639/2003 as regards the first place of unloading in the third country of final destination in the case of transport by road
Date: 2003-12-15
Institutions: European Commission
Subjects: animal welfare, cattle, road transport, transport of animals, veterinary inspection

16.12.2003

EN

Official Journal of the European Union

L 327/15

COMMISSION REGULATION (EC) No 2187/2003

of 15 December 2003

amending Regulation (EC) No 639/2003 as regards the first place of unloading in the third country
of final destination in the case of transport by road

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

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), and in particular Article 33(12) thereof,

Whereas:

(1)

According to Article 3(1)(b) of 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 (2), the animals are subject to a check
by a veterinarian at the place of the first unloading in
the third country of final destination.

(2) Where the animals are brought into the country of final
destination by road, they may be unloaded before the
end of the journey in order to comply with the provi-
sions on journey times and rest periods of Council
Directive 91/628/EEC of 19 November 1991 on the
protection of animals during transport (3). However, the
check referred to in Article 3(1)(b) should take place at
the place where the animals are finally unloaded from
the road vehicle, excluding a place where the journey is
interrupted to rest, feed or water the animals.

(3)

It
is also appropriate to give the possibility to the
exporter to apply this provision from the date of appli-
cation of Regulation (EC) No 639/2003.

(4)

(5)

Regulation (EC) No 639/2003 should therefore be
amended accordingly.

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

In Article 1 of Regulation (EC) No 639/2003, the following
subparagraph is added:

‘For the purposes of this Regulation, in the case of trans-
port by road, the “first place of unloading in the third
country of final destination” shall mean the place at which
the first animal is finally unloaded from a road vehicle, thus
excluding a place where the journey is interrupted to rest,
feed or water the animals.’

Article 2

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

It shall apply to export declarations accepted from 1 July 2004.
However, it shall apply from the date of its entry into force to
export declarations accepted from 1 October 2003, at
the
request of the exporter.

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

Done at Brussels, 15 December 2003.

For the Commission

Franz FISCHLER

Member of the Commission

(1) OJ L 160, 26.6.1999, p. 21. Regulation as last amended by Regu-

lation (EC) No 806/2003 (OJ L 122, 16.5.2003, p. 1).

(2) OJ L 93, 10.4.2003, p. 10.
(3) OJ L 340, 11.12.1991, p. 17. Directive as last amended by Regu-

lation (EC) No 806/2003.