Commission Regulation (EC) No 133/2008 of 14 February 2008 on imports of pure-bred breeding animals of the bovine species from the third countries and the granting of export refunds thereon (Codified version)
Date: 2008-02-14
Institutions: European Commission
Subjects: breeding animal, cattle, codification of EU law, export refund, import, third country, veterinary legislation

15.2.2008

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Official Journal of the European Union

L 41/11

COMMISSION REGULATION (EC) No 133/2008

of 14 February 2008

on imports of pure-bred breeding animals of the bovine species from the third countries and the
granting of export refunds thereon

(Codified version)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(5)

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 Articles 31(4) and 33(12) thereof,

Whereas:

Commission Regulation (EEC) No 2342/92 of 7 August
1992 (2) on imports of pure-bred breeding animals of the
bovine species from the third countries and the granting
of export refunds thereon and repealing Regulation (EEC)
No 1544/79 has been substantially amended several
times (3). In the interests of clarity and rationality the
said Regulation should be codified.

Import duty is not payable on pure-bred breeding
animals of the bovine species falling within CN code
0102 10 on import into the Community. On export a
higher refund is paid on female animals up to the age of
60 months than on live bovine animals falling within CN
code 0102 90.

To permit proper application of the Community rules in
this area, the term pure-bred breeding animal should be
clarified. The definition given in Article 1 of Council
Directive 77/504/EEC of 25 July 1977 on pure-bred
the bovine species (4), must be
breeding animals of
used for the purpose.

(1)

(2)

(3)

(4)

Since there is no provision for a security to ensure that
these animals are kept alive for that period, provision
should be made for Council Regulation (EEC) No
the
establishing
2913/92 of 12 October 1992,
Community Customs Code (5)
the
to apply where
requirement concerning that period is not observed.

those agreements,

concluded bilateral

The Community has
free-trade
agreements with the European Free Trade Association
certain provisions
(EFTA). Under
relating to, or obligations on,
third countries
concerned should be waived but the pedigree certificate
and the health certificates relating to pure-bred breeding
animals must be required to be presented on release for
free circulation in the Community.

the

The health documents required to accompany exports of
pure-bred female breeding animals in order to make sure
that they are really intended for breeding and the genetic
value
appear on or
accompany the pedigree certificate should be specified.

that must

assessment

results

into

breeding

imported

Pure-bred
the
animals
Community must be checked to see that they have not
previously been exported from the Community and that
export refunds have not been paid thereon. Where export
refunds have been paid on such animals, the sums must
be repaid before the animals are re-imported into the
Community.

(6)

(7)

(8)

(9)

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

In order to ensure that imported animals are actually
intended for breeding they must be accompanied by
the pedigree and zootechnical certificate and the health
certificates normally required for
such animals, and
importers must undertake to keep the animals alive for
a certain period.

HAS ADOPTED THIS REGULATION:

Article 1

(1) OJ L 160, 26.6.1999, p. 21. Regulation as last amended by
Commission Regulation (EC) No 98/2008 (OJ L 29, 2.2.2008,
p. 5). Regulation (EC) No 1254/1999 will be replaced by Regulation
(EC) No 1234/2007 (OJ L 299, 16.11.2007, p. 1) as from 1 July
2008.

(2) OJ L 227, 11.8.1992, p. 12. Regulation as last amended by Regu-

lation (EC) No 1746/2005 (OJ L 280, 25.10.2005, p. 8).

(3) See Annex I.
(4) OJ L 206, 12.8.1977, p. 8. Directive as last amended by Regulation

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

For the purposes of collecting import duties and granting export
refunds, live animals of the bovine species shall be considered
pure-bred breeding animals falling within CN code 0102 10 if
they meet the definition laid down in Article 1 of Directive
77/504/EEC. In addition, only female animals up to six years
old shall be considered pure-bred breeding females.

(5) OJ L 302, 19.10.1992, p. 1. Regulation as last amended by Regu-

lation (EC) No 1791/2006 (OJ L 363, 20.12.2006, p. 1).

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Article 2

1.
On the release for free circulation of pure-bred breeding
animals of the bovine species falling within CN code 0102 10,
importers shall present the following to the customs authorities
of the Member State in respect of each animal:

Failure to observe the requirement relating to the period
4.
of 24 months, except where paragraph 3(b) applies, shall result
in classification of
in question under CN code
0102 90 and shall give rise to proceedings to recover import
in accordance with Regulation (EEC) No
duties not collected,
2913/92.

the animal

(a)

the pedigree and zootechnical certificate, which shall be
drawn up in conformity with Commission Decision
96/510/EC (1);

(b) the health certificate of

the type required for pure-bred
breeding animals of the bovine species, or an authenticated
copy of this certificate and the common veterinary entry
document
conformity with
Commission Regulation (EC) No 282/2004 (2).

(CVED)

drawn

up

in

2.
In addition, importers shall submit a written declaration to
the customs authorities to the effect that, except in cases of force
majeure, the animal will not be slaughtered within 24 months of
the day on which it is imported.

release for

By no later than the end of the 27th month following that
3.
of
importers shall provide the
customs authorities of the Member State of import with proof
that the animal:

free circulation,

5.
The provisions relating to the age limit referred to in
Article 1 and the obligations specified in paragraphs 2, 3, and
4 of
this Article, shall not apply to imports of pure-bred
breeding animals originating in and coming from Iceland,
Norway and Switzerland.

This Article shall not affect the application of Article 7,

6.
second paragraph, of Directive 77/504/EEC.

Article 3

1.
The granting of the refund on female pure-bred breeding
animals shall be subject to the presentation, in respect of each
animal, at the time customs export formalities are completed, of
the original and a copy of:

(a)

the pedigree certificate drawn up in accordance with Article
2(1) of Commission Decision 2005/379/EC (4) or any other
document drawn up in accordance with paragraph 2 of that
Article;

(a) has not been slaughtered before the expiry of the time limit

laid down in paragraph 2; or

(b) has been slaughtered before the expiry of the time limit for
health reasons or has died as a result of disease or accident.

(b) the health certificate for pure-bred breeding animals of the
bovine species required by the third country of destination.

The proof referred to in (a) shall consist in a certificate drawn
up by the association, organization or official body of
the
Member State keeping the herd book or an official veterinarian.
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 Regulation (EC) No 1760/2000 of
the
European Parliament and of the Council (3) once this database
is operational.

(1) OJ L 210, 20.8.1996, p. 53.
(2) OJ L 49, 19.2.2004, p. 11.
(3) OJ L 204, 11.8.2000, p. 1.

However, by way of derogation from point (b), Member States
may authorise the presentation of a single certificate for a batch
of animals.

The originals of both certificates referred to in paragraph
2.
1 shall be returned to the exporter and the copies, certified as
true copies by the customs authorities, shall be attached to the
refund payment application.

(4) OJ L 125, 18.5.2005, p. 15.

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Article 4

Article 5

1.
Before release for free circulation of pure-bred breeding
animals re-imported into the Community, any export refund
granted must be repaid or the necessary measures taken by
the competent authorities for such sums to be withheld if
they have not already been paid.

2.
If, at the time customs import formalities are completed
for animals falling within CN code 0102 10, the pedigree certi-
ficate shows that the breeder is established in the Community,
the importer must also give proof that no refund has been
granted or that any refund granted has been repaid. If such
to the
proof cannot be provided, an export refund equal
highest
the bovine
species falling within CN code 0102 90 on the day of re-impor-
tation into the Community shall be considered as having been
paid.

import duty applicable to animals of

Regulation (EEC) No 2342/92 is repealed.

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

Article 6

This Regulation shall enter into force on the 20th day following
the European
that of
Union.

its publication in the Official

Journal of

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

Done at Brussels, 14 February 2008.

For the Commission
The President

José Manuel BARROSO

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ANNEX I

Repealed Regulation with a list of its successive amendments

Commission Regulation (EEC) No 2342/92
(OJ L 227, 11.8.1992, p. 12)

Commission Regulation (EEC) No 3224/92
(OJ L 320, 5.11.1992, p. 30)

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

Commission Regulation (EEC) No 286/93
(OJ L 34, 10.2.1993, p. 7)

Commission Regulation (EC) No 774/98
(OJ L 111, 9.4.1998, p. 65)

Commission Regulation (EC) No 1746/2005
(OJ L 280, 25.10.2005, p. 8)

Article 9 only

ANNEX II

Correlation table

Regulation (EEC) No 2342/92

This Regulation

Article 1

Article 2(1) to (4)

Article 1

Article 2(1) to (4)

Article 2(5)
indent and final part

introductory wording,

first

indent, second

Article 2(5)

Article 2(6)

Article 3 first and second sub-paragraphs

Article 3 third sub-paragraph

Article 4

Article 5

—

Article 6

—

—

Article 2(6)

Article 3(1)

Article 3(2)

Article 4

—

Article 5

Article 6

Annex I

Annex II