Commission Regulation (EEC) No 2342/92 of 7 August 1992 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

COMMISSION REGULATION (EEC) No 2342/92  of 7 August 1992  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
THE  COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 805/68 of 27 June 1968 on the common organization of the market in beef and veal (1), as last amended by Regulation (EEC) No 2066/92 (2), and in particular Articles 10 (5) and 18 (6) thereof,
Whereas import levy is not payable on pure-bred breeding animals of the bovine species falling within CN code 0102 10 00 on import into the Community; whereas 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 codes 0102 90 31 and 0102 90 33;
Whereas, to permit proper application of the Community rules in this area, the term pure-bred breeding animal should be clarified; whereas the definition given in Article 1 of Council Directive 77/504/EEC of 25 July 1977 on pure-bred breeding animals of  the bovine species (3), as last amended by Directive 91/174/EEC (4), must be used for the purpose;
Whereas in order to ensure that imported animals are actually intended for breeding they must be accompanied by the pedigree and breeding certificates and the health certificates normally required for such animals and importers must undertake to keep  the animals alive for a certain period;
Whereas, 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 1697/79 of 24 July 1979 on the post-clearance recovery of import duties or export  duties which have not been required of the person liable for payment on goods entered for a customs procedure involving the obligation to pay such duties (5) to apply where the requirement concerning that period is not observed;
Whereas the Community has concluded bilateral free-trade agreements with the EFTA; whereas, under those agreements, certain provisions relating to, or obligations on, the third countries concerned should be waived but the pedigree and breeding  certificates and the health certificates relating to pure-bred breeding animals must be required to be presented on release for free circulation in the Community;
Whereas the health documents required to accompany exports of pure-bred female breeding animals up to 60 months old in order to make sure that they are really intended for breeding and the genetic value assessment results that must appear on or  accompany the pedigree certificate should be specified;
Whereas pure-bred breeding animals imported into the 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; whereas, where export refunds have been paid on such  animals, the sums must be repaid before the animals are re-imported into the Community;
Whereas Commission Regulation (EEC) No 1544/79 (6), amended by Regulation (EEC) No 3988/87 (7), only covers the requirements pertaining to the granting of export refunds on pure-bred breeding animals; whereas, for the sake of clarity it should be  repealed and its provisions incorporated in this Regulation;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Beef and Veal,