L 93/10 Official Journal of the European Union 10.4.2003 COMMISSION REGULATION (EC) No 639/2003 of 9 April 2003 laying down detailed rules pursuant to Council Regulation (EC) No 1254/1999 as regards requirements for the granting of export refunds related to 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 (EC) No 1254/1999 of 17 May 1999 on the common organisation of the market in beef and veal (), as last amended by Commission Regulation (EC) No 2345/2001 (3, and in particular Article 33(12) thereof, Whereas: (1)  Article 33(9) of Regulation (EC) No 1254/1999 provides that the payment of the refund for exports of live bovine animals is subject to compliance with Community legis- lation concerning animal welfare and, in particular, Council Directive 91/628/EEC of 19 November 1991 on the protection of animals during transport (°), as last amended by Directive 95/29/EC (¥). (2)  Detailed rules as regards the welfare of live bovine animals during transport are laid down in Commission Regulation (EC) No 615/98 (°). Experience has shown the need to improve the enforcement of animal welfare requirements for the granting of refunds for the export of those animals. Therefore the checks and penalties provided for in that Regulation should be reinforced. In addition, in the interests of clarity, Regulation (EC) No 615/98 should be replaced. (3)  In order to guarantee that the animal welfare standards are maintained, a monitoring system should be intro- duced comprising compulsory checks at the exit point from the Community and after leaving the customs terri- tory of the Community where there is a change of means of transport and also at the place of the first unloading in the third country of final destination. (@) In order to facilitate proper checks on exit from the Community, it is necessary to designate exit points. (5)  The assessment of the physical condition and state of health of animals requires specific expertise and experi- ence. Checks should therefore be carried out by a veteri- narian. Moreover, the extent of those checks should be clarified and a model report set out in order to make those checks accurate and harmonised. 1 () OJ L 160, 26.6.1999, p. 21. () OJ L 315, 1.12.2001, p. 29. () OJL 340,11.12.1991, p. 17. () OJ L 148, 30.6.1995, p. 52. () OJL 82,19.3.1998, p. 19. 5 (6)  Checks in third countries for the purposes of this Regu- lation should be compulsory and should be carried out by agencies of Member States or by international control and supervisory agencies (hereinafter referred to as SAs) approved and controlled by Member States in accor- dance with Commission Regulation (EC) No 800/1999 of 15 April 1999 laying down common detailed rules for the application of the system of export refunds on agricultural products (°), as last amended by Regulation (EC) No 444/2003 (). In order to carry out checks for purposes of this Regulation, the SAs should in particular meet the requirements for approval and control set out in Annex VI to Regulation (EC) No 800/1999 as from 1 January 2004. (7 In addition to the non-payment of the export refund, when there is evidence that Directive 91/628/EEC is not complied with for a high number of animals, appro- priate penalties should be applied. Furthermore, where such non-compliance is due to a complete disregard of animal welfare requirements, the total loss of the refund should be established. (8)  Member States should provide the Commission with the necessary information for purposes of monitoring and reporting on the application of this Regulation. (99 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: Atrticle 1 Scope Payment of export refunds for live bovine animals falling within CN code 0102 (hereinafter referred to as the animals), pursuant to Article 33(9), second subparagraph, of Regulation (EC) No 1254/1999, 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 the provisions of Direc- tive 91/628/EEC and of this Regulation. () OJ L 102, 17.4.1999, p. 11. () OJ L 67, 12.3.2003, p. 3.