WRITTEN QUESTION P-2726/02

by Albert Maat (PPE-DE) to the Commission

(23 September 2002)

Subject: Export refunds for breeding cattle for Morocco

Is the Commission aware of the often widely diverging administrative and veterinary procedures applying to exporters of breeding cattle when the cattle arrive in the country of destination? The exporter cannot influence them at all, but they may well mean the exporter does not receive the refund, for instance if an animal dies (beyond the exporter's responsibility) or is slaughtered during the quarantine period.

What measures does the Commission propose to take to counteract the unjust withholding of export refunds?

Answer given by Mr Fischler on behalf of the Commission

(24 October 2002)

The question of entitlement to the export refund on pure-bred breeding animals requires consideration of several specific provisions.

Article 5(2) of Commission Regulation (EC) No 615/98 of 18 March 1998 laying down specific detailed rules of application for the export refund arrangements as regards the welfare of live bovine animals during transport(1) requires the exporter to declare the number of live animals released for free circulation in the non-EU country. Paragraph 3 of that Article states that the export refund will not be paid on animals that die during transport or on animals for which the designated authority considers in the light of the documents mentioned in the above-mentioned paragraph 2, the reports on the checks indicated in Article 4 of the Regulation or any other information at its disposal relating to respect for the provisions of Article 1 of the Regulation that Council Directive 91/628/EEC of 19 November 1991 on the protection of animals during transport and amending Directives 91/425/EEC and 91/496/EEC(2) was not complied with.

It follows that if for reasons outside the exporter's responsibility not stemming from non-observation of the requirements of Council Directive 91/628/EEC animals are slaughtered or die during quarantine granting of the refund should be unaffected.

It should also be stated, without prejudice to the foregoing, that the export refunds in question are non-differentiated. Hence under Article 3 of Commission Regulation (EC) No 800/1999 of 15 April 1999 laying down common detailed rules for application of the system of export refunds on agricultural products(3) generally speaking (and subject to the terms of that Article) entitlement to the refund is acquired on exit from the Community's customs territory.

(1) OJ L 82, 19.3.1998.

(2) OJ L 340, 11.12.1991.

(3) OJ L 102, 17.4.1999.