L 24516 Official Journal of the European Union 17.9.2010 COMMISSION REGULATION (EU) No 817/2010 of 16 September 2010 laying down detailed rules pursuant to Council Regulation (EC) No 1234/2007 as regards requirements for the granting of export refunds related to the welfare of live bovine animals during transport (recast) THE EUROPEAN COMMISSION, Having regard to the Treaty on the Functioning of the European Union, Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agri- cultural markets and on specific provisions for certain agri- cultural products (Single CMO Regulation) ('), and in particular Article 170 in conjunction with Article 4 thereof, Whereas: (1) ( ( ( ( 1 2 3 ) ) ) ) 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 (% has been substantially amended several times (}). Since further amendments are to be made, it should be recast in the interests of clarity. Pursuant to Article 168 of Regulation (EC) No 1234/2007, the granting and the payment of the refund for exports of live bovine animals are subject to compliance with legislation of the Union concerning animal welfare and, in particular, Council Regulation (EC) No 1/2005 of 22 December 2004 on the protection of animals during transport and related operations (¥). In order to guarantee that the animal welfare standards are maintained, a monitoring system should be introduced comprising compulsory checks at the exit point from the customs territory of the Community and after leaving the customs territory 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 customs territory of the Community, it is necessary to designate exit points. L 299, 16.11.2007, p. 1. 0] OJ L 93, 10.4.2003, p. 10. Sel e Annex V. 4 OJ L 3,5.1.2005, p. 1. ©) The assessment of the physical condition and state of health of animals requires specific expertise and experience. Checks should therefore be carried out by a veterinarian. Moreover, the extent of those checks should be clarified and a model report set out in order to make those checks accurate and harmonised. 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 accordance with Commission Regulation (EC) No 612/2009 of 7 July 2009 on laying down common detailed rules for the application of the system of export refunds on agricultural products (°). In order to carry out checks for the 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 612/2009. Article 168 of Regulation (EC) No 1234/2007 and this Regulation provide that compliance with legislation of the Union on animal welfare is a condition for the payment of export refunds. Therefore, it should be clearly set out that, without prejudice to cases of force majeure recognised by the case law of the Court of Justice of the European Union, a violation of those animal welfare provisions does not trigger a reduction but the loss of the export refund, related to the number of animals for which the welfare requirements were not respected. It equally results from those provisions, as well as from the animal welfare rules set out in Articles 3 to 9 of Regulation (EC) No 1/2005 and the Annexes referred to therein, that the refund is to be lost for the animals for which those welfare rules were not respected, irrespective of the concrete physical conditions of the animals. In addition to the non-payment of the export refund, when there is evidence that Regulation (EC) No 1/2005 is not complied with for a high number of animals, appropriate 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. () O] L 186, 17.7.2009, p. 1.