Commission Regulation (EC) No 2147/2005 of  23 December 2005  fixing the export refunds on beef and veal
Date: 2005-12-23
Institutions: European Commission
Subjects: beef, export refund

L 342/12

EN

Official Journal of the European Union

24.12.2005

COMMISSION REGULATION (EC) No 2147/2005

of 23 December 2005

fixing the export refunds on beef and veal

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

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, paragraph 3, third
indent, thereof,

Whereas:

(1)

(2)

(3)

(4)

Article 33 of Regulation (EC) No 1254/1999 provides
that the difference between prices on the world market
for the products listed in Article 1 of that Regulation and
prices for those products within the Community may be
covered by an export refund.

2388/84 (4),

Commission Regulations (EEC) No 32/82 (2), (EEC) No
1964/82 (3),
(EEC) No
(EEC) No
2973/79 (5) and (EC) No 2051/96 (6)
lay down the
conditions
refunds on
certain cuts of beef and veal and certain preserved beef
and veal products, and the conditions for granting of
assistance concerning certain destinations.

for granting special

export

The increasing shortage of beef and veal on the
Community market has pushed prices
significantly
beyond the basic price as referred to in Article 26(1)
of Regulation (EC) No 1254/1999, which represents
the desired support level on the Community market.

There is increasing general public concern for the welfare
of animals which are exported over particularly long
distances and for which humane treatment cannot be
they
completely
are
ensured,
transport,
delivered in third countries. As
although the conditions for transport of
live animals
substantive, procedural and
are
that were reinforced in 2003
control

once
regards

in particular

requirements

to massive

subject

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

lation (EC) No 1913/2005 (OJ L 307, 25.11.2005, p. 2).

(2) OJ L 4, 8.1.1982, p. 11. Regulation as last amended by Regulation

(EC) No 744/2000 (OJ L 89, 11.4.2000, p. 3).

(3) OJ L 212, 21.7.1982, p. 48. Regulation as last amended by Regu-

lation (EC) No 2772/2000 (OJ L 321, 19.12.2000, p. 35).

(4) OJ L 221, 18.8.1984, p. 28. Regulation as last amended by Regu-

lation (EEC) No 3661/92 (OJ L 370, 19.12.1992, p. 16).

(5) OJ L 336, 29.12.1979, p. 44. Regulation as last amended by Regu-

lation (EEC) No 3434/87 (OJ L 327, 18.11.1987, p. 7).

(6) OJ L 274, 26.10.1996, p. 18. Regulation as amended by Regulation

(EC) No 2333/96 (OJ L 317, 6.12.1996, p. 13).

the respect of animal welfare
experience shows that
conditions
is not always ensured. Moreover, animal
welfare standards in the countries of destination are
often lower than in the Community.

Exports of live animals for slaughter represent a lower
value added for the Community and export refunds
granted for the export of those animals imply higher
costs for the monitoring and control of animal welfare
conditions. Therefore, in order to ensure equilibrium and
the natural development of prices and trade on the
internal market, as well as
the welfare of animals,
exports of live animals for slaughter to third countries
should no longer be encouraged by virtue of export
refunds.

As to live animals for reproduction, in order to prevent
any abuse, export refunds for pure-bred breeding animals
should be limited to heifers and cows of no more than
30 months of age.

Commission Regulation (EC) No 2000/2005 of 7
December 2005 fixing the export refunds on beef and
veal (7) should therefore be repealed.

In order to enable some Community beef and veal
products to be disposed of on the international market,
export refunds should be granted for certain destinations
on some products under CN codes 0201, 0202 and
1602 50.

The uptake of export refunds for certain categories of
beef and veal products proves to be insignificant. This
is also the case with regard to the uptake for certain
destinations very close to the Community territory. For
such categories, export refunds should no longer be
fixed.

(5)

(6)

(7)

(8)

(9)

(10)

The refunds provided for in this Regulation are set on the
basis of the product codes as defined in the nomen-
clature adopted by Commission Regulation (EEC) No
3846/87 of 17 December 1987 establishing an agri-
cultural product nomenclature for export refunds (8).

(11)

The refunds on all frozen cuts should be in line with
those on fresh or chilled cuts other than those from adult
male bovine animals.

(7) OJ L 320, 8.12.2005, p. 46.
(8) OJ L 366, 24.12.1987, p. 1. Regulation as last amended by Regu-

lation (EC) No 558/2005 (OJ L 94, 13.4.2005, p. 22).

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Official Journal of the European Union

L 342/13

(12)

(13)

(14)

(15)

Checks on products covered by CN code 1602 50 should
be stepped up by making the granting of refunds on
these products conditional on manufacture under the
arrangements provided for in Article 4 of Council Regu-
lation (EEC) No 565/80 of 4 March 1980 on the advance
payment of export refunds in respect of agricultural
products (1).

Refunds should be granted only on products that are
allowed to move freely in the Community. Therefore,
to be eligible for a refund, products should be required
to bear the health mark laid down in Council Directive
64/433/EEC of 26 June 1964 on health problems
in fresh meat (2),
affecting
Council Directive 77/99/EEC of 21 December 1976 on
health problems affecting intra-Community trade in meat
products (3) and Council Directive 94/65/EC of 14
December 1994 laying down the requirements for the
production and placing on the market of minced meat
and meat preparations (4).

intra-Community

trade

Pursuant to the third subparagraph of Article 6(2) of
Regulation (EEC) No 1964/82, the special refund is to
be reduced if the quantity of boned meat to be exported
amounts to less than 95 %, but not less than 85 %, of the
total weight of cuts produced by boning.

The negotiations within the framework of the Europe
Agreements between the European Community and
Romania and Bulgaria aim in particular to liberalise
trade in products covered by the common organisation
of the market concerned. For these two countries export
refunds should therefore be abolished. That abolition
should not, however, lead to a differentiated refund for
exports to other countries.

(16)

The Management Committee for Beef and Veal has not
given an opinion within the time limit
set by its
President,

HAS ADOPTED THIS REGULATION:

Article 1

The list of products on which export refunds as referred
1.
to in Article 33 of Regulation (EC) No 1254/1999 are granted,
and the amount thereof and the destinations, shall be as set out
in the Annex to this Regulation.

the relevant health marking

The products must meet

2.
requirements of:
— Chapter XI of Annex I to Directive 64/433/EEC,
— Chapter VI of Annex B to Directive 77/99/EEC,
— Chapter VI of Annex I to Directive 94/65/EC.

Article 2

In the case referred to in the third subparagraph of Article 6(2)
of Regulation (EEC) No 1964/82 the rate of the refund on
products falling within product code 0201 30 00 9100 shall
be reduced by 10 EUR/100 kg.

Article 3

The fact that no export refund is set for Romania and Bulgaria
shall not be deemed to constitute a differentiation of the refund.

Article 4

Regulation (EC) No 2000/2005 is repealed.

Article 5

This Regulation shall enter into force on 24 December 2005.

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

Done at Brussels, 23 December 2005.

For the Commission

Mariann FISCHER BOEL
Member of the Commission

(1) OJ L 62, 7.3.1980, p. 5. Regulation as last amended by Commission

Regulation (EC) No 444/2003 (OJ L 67, 12.3.2003, p. 3).

(2) OJ 121, 29.7.1964, p. 2012/64. Directive as last amended by the

2003 Act of Accession.

(3) OJ L 26, 31.1.1977, p. 85. Directive as last amended by Regulation

(EC) No 807/2003 (OJ L 122, 16.5.2003, p. 36).

(4) OJ L 368, 31.12.1994, p. 10. Directive as amended by Regulation

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

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Official Journal of the European Union

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to the Commission Regulation of 23 December 2005 fixing export refunds on beef

ANNEX

Product code

Destination

Unit of measurement

Refunds (7)

0102 10 10 9140

0102 10 30 9140

0201 10 00 9110 (1)

0201 10 00 9130 (1)

0201 20 20 9110 (1)

0201 20 30 9110 (1)

0201 20 50 9110 (1)

0201 20 50 9130 (1)

0201 30 00 9050

0201 30 00 9060 (6)

0201 30 00 9100 (2) (6)

0201 30 00 9120 (2) (6)

0202 10 00 9100

0202 20 30 9000

0202 20 50 9900

0202 20 90 9100

0202 30 90 9100

0202 30 90 9200 (6)

B00

B00

B02

B03

B02

B03

B02

B03

B02

B03

B02

B03

B02

B03

US (3)

CA (4)

B02

B03

B04

B03

EG

B04

B03

EG

B02

B03

B02

B03

B02

B03

B02

B03

US (3)

CA (4)

B02

B03

EUR/100 kg live weight

EUR/100 kg live weight

EUR/100 kg net weight

EUR/100 kg net weight

EUR/100 kg net weight

EUR/100 kg net weight

EUR/100 kg net weight

EUR/100 kg net weight

EUR/100 kg net weight

EUR/100 kg net weight

EUR/100 kg net weight

EUR/100 kg net weight

EUR/100 kg net weight

EUR/100 kg net weight

EUR/100 kg net weight

EUR/100 kg net weight

EUR/100 kg net weight

EUR/100 kg net weight

EUR/100 kg net weight

EUR/100 kg net weight

EUR/100 kg net weight

EUR/100 kg net weight

EUR/100 kg net weight

EUR/100 kg net weight

EUR/100 kg net weight

EUR/100 kg net weight

EUR/100 kg net weight

EUR/100 kg net weight

EUR/100 kg net weight

EUR/100 kg net weight

EUR/100 kg net weight

EUR/100 kg net weight

EUR/100 kg net weight

EUR/100 kg net weight

EUR/100 kg net weight

EUR/100 kg net weight

37,0

37,0

52,4

30,8

69,8

41,1

69,8

41,1

52,4

30,8

87,3

51,4

52,4

30,8

16,9

16,9

32,3

10,8

121,3

71,3

147,9

72,8

42,8

88,8

23,3

7,8

23,3

7,8

23,3

7,8

23,3

7,8

16,9

16,9

32,3

10,8

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Product code

1602 50 31 9125 (5)

1602 50 31 9325 (5)

1602 50 39 9125 (5)

1602 50 39 9325 (5)

Destination

Unit of measurement

Refunds (7)

B00

B00

B00

B00

EUR/100 kg net weight

EUR/100 kg net weight

EUR/100 kg net weight

EUR/100 kg net weight

61,3

54,5

61,3

54,5

(1) Entry under this subheading is subject to the submission of the certificate appearing in the Annex to amended Regulation (EEC)

No 32/82.

(2) The refund is granted subject to compliance with the conditions laid down in amended Regulation (EEC) No 1964/82.
(3) Carried out in accordance with amended Regulation (EEC) No 2973/79.
(4) Carried out in accordance with amended Regulation (EC) No 2051/96.
(5) The refund is granted subject to compliance with the conditions laid down in amended Regulation (EEC) No 2388/84.
(6) The lean bovine meat content excluding fat is determined in accordance with the procedure described in the Annex to Commission
Regulation (EEC) No 2429/86 (OJ L 210, 1.8.1986, p. 39). The term ‘average content’ refers to the sample quantity as defined in
Article 2(1) of Regulation (EC) No 765/2002 (OJ L 117, 4.5.2002, p. 6). The sample is to be taken from that part of the consignment
presenting the highest risk.

(7) Article 33(10) of amended Regulation (EC) No 1254/1999 provides that no export refunds shall be granted on products imported from

third countries and re-exported to third countries.

NB: The product codes and the ‘A’ series destination codes are set out in Commision Regulation (EEC) No 3846/87 (OJ L 366,

24.12.1987, p. 1) as amended.
The alphanumeric destination codes are set out in Commission Regulation (EC) No 750/2005 (OJ L 126, 19.5.2005, p. 12).
The other destinations are defined as follows:
B00: all destinations (third countries, other territories, victualling and destinations treated as exports from the Community) with the

exception of Romania and Bulgaria.

B02: B04 and destination EG.
B03: Albania, Croatia, Bosnia and Herzegovina, Serbia, Kosovo, Montenegro, former Yugoslav Republic of Macedonia, stores and
provisions (destinations referred to in Articles 36 and 45, and if appropriate in Article 44, of Commission Regulation (EC) No
800/1999, as amended (OJ L 102, 17.4.1999, p. 11)).

B04: Turkey, Ukraine, Belarus, Moldova, Russia, Georgia, Armenia, Azerbaijan, Kazakhstan, Turkmenistan, Uzbekistan, Tajikistan,
Kyrgyzstan, Morocco, Algeria, Tunisia, Libya, Lebanon, Syria, Iraq, Iran, Israel, West Bank/Gaza Strip, Jordan, Saudi Arabia,
Kuwait, Bahrain, Qatar, United Arab Emirates, Oman, Yemen, Pakistan, Sri Lanka, Myanmar (Burma), Thailand, Vietnam,
Indonesia, Philippines, China, North Korea, Hong Kong, Sudan, Mauritania, Mali, Burkina Faso, Niger, Chad, Cape Verde,
Senegal, Gambia, Guinea-Bissau, Guinea, Sierra Leone, Liberia, Côte d'Ivoire, Ghana, Togo, Benin, Nigeria, Cameroon, Central
African Republic, Equatorial Guinea, São Tomé and Príncipe, Gabon, Congo, Congo (Democratic Republic), Rwanda, Burundi,
Saint Helena and dependencies, Angola, Ethiopia, Eritrea, Djibouti, Somalia, Uganda, Tanzania, Seychelles and dependencies,
British Indian Ocean Territory, Mozambique, Mauritius, Comoros, Mayotte, Zambia, Malawi, South Africa, Lesotho.