Commission Regulation (EC) No 133/2008Show full title

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,

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

Whereas:

(1) 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.

(2) 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.

(3) 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 breeding animals of the bovine species(4), must be used for the purpose.

(4) 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.

(5) 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 2913/92 of 12 October 1992, establishing the Community Customs Code(5) to apply where the requirement concerning that period is not observed.

(6) The Community has concluded bilateral free-trade agreements with the European Free Trade Association (EFTA). Under those agreements, certain provisions relating to, or obligations on, the 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.

(7) 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 assessment results that must appear on or accompany the pedigree certificate should be specified.

(8) 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. Where export refunds have been paid on such animals, the sums must be repaid before the animals are re-imported into the Community.

(9) 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:

(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 Regulation (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).

(5)

OJ L 302, 19.10.1992, p. 1. Regulation as last amended by Regulation (EC) No 1791/2006 (OJ L 363, 20.12.2006, p. 1).