19.3.98 Official Journal of the European Communities L 82/19 COMMISSION REGULATION (EC) No 615/98 of 18 March 1998 laying down specific detailed rules of application for the export refund arrange- ments as regards the welfare of live bovine animals during transport THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EEC) No 805/68 of 27 June 1968 on the common organisation of the market in beef and veal ('), as last amended by Regulation (EC) 2634/97 (%), and in particular Article 13(12) thereof, Whereas Article 13(9) of Regulation (EEC) No 805/68 provides that the payment of export refunds for live animals is subject to compliance with the provisions established in Community legislation concerning animal welfare and in particular Council Directive 91/ 628/EEC (%), as last amended by Directive 95/29/EC (*), on the protection of animals during transport; Whereas, in order to guarantee that the animal welfare standards are maintained, a monitoring system should be introduced comprising systematic checks on exit from the Community and checks determined on the basis of risk analysis carried out on unloading in the third country of final destination; Whereas the assessment of the physical condition and state of health of animals requires specific expertise and experience; whereas checks have therefore to be carried out by a veterinarian; Whereas, in order to facilitate proper checks on exit from the Community, exit points have to be designated; Whereas, in cases where it is established on the basis of the physical condition and/or state of health of a certain number of the animals in a consignment that the provi- sions on the protection of animals during transport have not been complied with, further measures should be taken which will act as an adequate deterrent and which should be applied uniformly; Whereas checks after exit from the Community are carried out on a limited number of consignments and, considering the particular characteristics of the measures taken, explicit provision shold be made for the recovery of refunds unduly paid in the light of the animal welfare requirement; () OJ L 148, 28. 6. 1968, p. 24. () OJ L 356, 31. 12. 1997, p. 13. () OJ L 340, 11. 12. 1991, p. 17. ()oJL 0] 148, 30. 6. 1995, p. 52. Whereas 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: Article 1 Scope For the application of the second subparagraph of Article 13(9) of Regulation (EEC) No 805/68, the payment of export refunds for live bovine animals falling within CN code 0102 (hreinafter referred to as ‘the animals’) shall be subject to compliance, during the transport of the animals to the first place of unloading in the third country of final destination, with: — Directive 91/628/EEC, and — this Regulation. Article 2 Checks within the Community 1. Exit from the customs of the Community may take place only through the following exit points: — a border inspection post agreed by a Commission decision for veterinary checks on live ungulates from third countries, or — an exit point designated by the Member State. 2. An official veterinarian at the exit point shall verify and certify in accordance with the provisions of Council Directive 96/93/EC (°) that: — the animal are fit for the intended journey in compli- ance with Directive 91/628/EEC, — the means of transport by which the live animals are to leave the customs territory of the Community complies with Directive 91/628/EEC, and — provisions have been made for the care of the animals during the journey in accordance with Directive 91/ 628/EEC. () OJ L 13, 16. 1. 1997, p. 28.