# EUR-Lex - 52014PC0004 - EN

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# 52014PC0004

**Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Directives 89/608/EEC, 90/425/EEC and 91/496/EEC as regards references to zootechnical legislation /* COM/2014/04 final - 2014/0033 (COD) */**

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EXPLANATORY MEMORANDUM

1.           CONTEXT OF THE PROPOSAL

The proposal aims at removing references to
Union zootechnical legislation from the text of Council Directives 89/608/EEC, 90/425/EEC
and 91/496/EEC.

2.           RESULTS OF CONSULTATIONS
WITH THE INTERESTED PARTIES AND IMPACT ASSESSMENTS

No consultation with interested parties or any
impact assessment was carried out, because the proposed amendments are the
direct consequence of the recent adoption by the Commission of a proposal for a
Regulation of the European Parliament and of the Council on official controls
and other official activities performed to ensure the application of food and
feed law, rules on animal health and welfare, plant health, plant reproductive
material, plant protection products and amending Regulations (EC) No 999/2001,
1829/2003, 1831/2003, 1/2005, 396/2005, 834/2007, 1099/2009, 1069/2009,
1107/2009, Regulations (EU) No 1151/2012, [COM(2013) 327] [Office of
Publications, please insert number of Regulation laying down provisions for the
management of expenditure relating to the food chain, animal health and animal
welfare, and relating to plant health and plant reproductive material], and
Directives 98/58/EC, 1999/74/EC, 2007/43/EC, 2008/119/EC, 2008/120/EC and
2009/128/EC (Official controls Regulation).

That new Regulation is intended to repeal
Regulation (EC) No 882/2004 of the European Parliament and of the Council of 29
April 2004 on official controls performed to ensure the verification of
compliance with feed and food law, animal health and animal welfare rules and
Directives 89/608/EEC, 90/425/EEC, 91/496/EEC and 97/78/EC. It is also intended
to incorporate certain of the rules laid down in Regulation (EC) No 882/2004
and in those Directives, with the necessary adaptions. However, the breeding of
animals is not intended to fall within its scope.

It was thus necessary to include provisions on
official controls on breeding animals in the proposed Regulation of the
European Parliament and of the Council on the zootechnical and genealogical conditions
for trade in and imports from third countries of breeding animals and their
germinal products.

However, the rules hereby proposed mirror those
laid down in the Commission proposal for a new Regulation on official controls
that is currently discussed in the European Parliament and in the Council. In
order to prevent inconsistencies between the two texts and to ensure a
harmonised approach in the field of controls, the Commission will closely
follow the evolution of the discussions on the two texts, and will make the
necessary proposals in due time in order to ensure that the provisions on
official controls in the field of zootechnics are included in the forthcoming
Regulation on official controls.

3.           LEGAL ELEMENTS OF THE
PROPOSAL

For legal clarity and certainty and pending the
repeal of Directives 89/608/EEC, 90/425/EEC and 91/496/EEC by the new
Regulation referred to in recital 5 of this Directive, it is necessary to
delete the references to "zootechnical" from Directives 89/608/EEC,
90/425/EEC and 91/496/EEC.

4.           BUDGETARY IMPLICATION

None.

2014/0033 (COD)

Proposal for a

DIRECTIVE OF THE EUROPEAN PARLIAMENT
AND OF THE COUNCIL

amending Directives 89/608/EEC, 90/425/EEC
and 91/496/EEC as regards references to zootechnical legislation

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL
OF THE EUROPEAN UNION,

Having regard to the Treaty on the
Functioning of the European Union, and in particular Article 42 and Article
43(2) thereof,

Having regard to the proposal from the
European Commission[1],

After transmission of the draft legislative
act to the national parliaments,

Having regard to the opinion of the
European Economic and Social Committee[2],

Having obtained the opinion of the
Committee of the Regions[3],

Acting in accordance with the ordinary
legislative procedure,

Whereas:

(1)       Council Directive
88/661/EEC of 19 December 1988 on the zootechnical standards applicable to
breeding animals of the porcine species[4],
Council Directive 89/361/EEC of 30 May 1989 concerning pure-bred breeding sheep
and goats[5],
Council Directive 90/427/EEC of 26 June 1990 on the zootechnical and
genealogical conditions governing intra-Community trade in equidae[6], Council Directive
91/174/EEC of 25 March 1991 laying down zootechnical and pedigree
requirements for the marketing of pure-bred animals and amending Directives
77/504/EEC and 90/425/EEC[7],
Council Directive 94/28/EC of 23 June 1994 laying down the principles relating
to the zootechnical and genealogical conditions applicable to imports from
third countries of animals, their semen, ova and embryos and amending Directive
77/504/EEC on pure-bred breeding animals of the bovine species[8] and Council Directive
2009/157/EC of 30 November 2009 on pure-bred breeding animals of the
bovine species[9]
lay down the Union legislative framework on the breeding of pure-bred breeding
animals of the bovine, porcine, ovine, caprine and equine species and hybrid
breeding pigs.

(2)       Council Directive
89/608/EEC of 21 November 1989 on mutual assistance between the administrative
authorities of the Member States and cooperation between the latter and the
Commission to ensure the correct application of legislation on veterinary and
zootechnical matters[10]
lays down certain minimum requirement for cooperation and mutual assistance
between competent authorities in Member States.

(3)       Council Directive
90/425/EEC of 26 June 1990 concerning
veterinary and zootechnical checks applicable to intra-Community trade in
certain live animals and products with a view to the completion of the internal
market[11]
provides amongst others for zootechnical checks to be carried out on breeding
animals and products intended for intra-Union trade.

(4)       In accordance with Article
9 of Council Directive 94/28/EC, Council Directive 91/496/EEC of 15 July 1991
laying down the principles governing the organization of veterinary checks on
animals entering the Community from third countries and amending Directives
89/662/EEC, 90/425/EEC and 90/675/EEC[12]
and Council Directive 97/78/EC of 18 December 1997 laying down the principles
governing the organisation of veterinary checks on products entering the
Community from third countries[13]
apply respectively to imports into the Union of breeding animals and their
semen, oocytes and embryos which are covered by Directives 88/661/EEC, 89/361/EEC,
90/427/EEC, 91/174/EEC and 2009/157/EC.

(5)       The Commission adopted
recently a proposal for a Regulation of the European Parliament and of the
Council on official controls and other official activities performed to ensure
the application of food and feed law, rules on animal health and welfare, plant
health, plant reproductive material, plant protection products and amending
Regulations (EC) No 999/2001, 1829/2003, 1831/2003, 1/2005, 396/2005, 834/2007,
1099/2009, 1069/2009, 1107/2009, Regulations (EU) No 1151/2012, [COM(2013) 327]
[Office of Publications, please insert number of Regulation laying down
provisions for the management of expenditure relating to the food chain, animal
health and animal welfare, and relating to plant health and plant reproductive
material], and Directives 98/58/EC, 1999/74/EC, 2007/43/EC, 2008/119/EC,
2008/120/EC and 2009/128/EC (Official controls Regulation)[14]. That new Regulation
is intended to repeal Regulation (EC) No 882/2004 of the European Parliament
and of the Council of 29 April 2004 on official controls performed to ensure
the verification of compliance with feed and food law, animal health and animal
welfare rules[15]
and Directives 89/608/EEC, 90/425/EEC, 91/496/EEC and 97/78/EC. It is also
intended to incorporate certain of the rules laid down in Regulation (EC) No
882/2004 and in those Directives, with the necessary adaptions. However, the
breeding of animals is not intended to fall within its scope.

(6)       The Commission has also
submitted to the European Parliament and the Council a proposal for a
Regulation of the European Parliament and of the Council on the zootechnical
and genealogical conditions for trade in and imports into the Union of breeding
animals and their germinal products[16].

(7)       For the effective
application of Union rules on the zootechnical and genealogical conditions for
trade in and imports into the Union of breeding animals and their germinal
products laid down in that Regulation, provisions on official controls on
breeding animals and general rules on administrative assistance and
cooperation, similar to those set out in Title IV of Regulation (EC) No
882/2004 have been laid down, with the necessary adaptations, in that
Regulation.

(8)       For legal clarity and
certainty and pending the repeal of Directives 89/608/EEC, 90/425/EEC,
91/496/EEC and 97/78/EC by the new Regulation referred to in recital 5 of this
Directive, it is necessary to delete the references to "zootechnical"
from Directives 89/608/EEC, 90/425/EEC and 91/496/EEC, while Directive 97/78/EC
does not require such amendment.

(9)       Directives 89/608/EEC, 90/425/EEC
and 91/496/EEC should therefore be amended accordingly.

(10)     In accordance with the
Joint Political Declaration of Member States and the Commission of 28 September
2011 on explanatory documents[17],
Member States have undertaken to accompany, in justified cases, the
notification of their transposition measures with one or more documents
explaining the relationship between the components of a directive and the
corresponding parts of national transposition instruments. With regard to this
Directive, the legislator considers the transmission of such documents to be
justified,

HAVE ADOPTED THIS DIRECTIVE:

Article 1
Amendments to Directive
89/608/EEC

Directive 89/608/EEC is amended as follows:

(1)          In the title, the words 'and
zootechnical' are deleted;

(2)          In Article 1, the words 'and
zootechnical' are deleted;

(3)          In Article 2(1), the second
indent is deleted;

(4)          In Article 4(1), in the first
indent, the words 'and zootechnical' are deleted;

(5)          In Article 5(1), the words 'or
zootechnical' are deleted;

(6)          In Article 7, the words 'or
zootechnical' are deleted;

(7)          In Article 8(2), in the
introductory phrase, the words 'or zootechnical' are deleted;

(8)          In Article 8(2), in point (b),
the words 'or zootechnical' are deleted;

(9)          In Article 9(1)(a), in the first
indent, the words 'or zootechnical' are deleted;

(10)        In Article 9(2), the words 'or
zootechnical' are deleted;

(11)        In Article 10(1), in the
introductory phrase, the words 'or zootechnical' are deleted;

(12)        In Article 10(3), the words 'or
zootechnical' are deleted;

(13)        In Article 11, in the introductory
phrase, the words 'or the Standing Zootechnical Committee' are deleted;

(14)        In Article 15(2), in the first
indent, the words 'or zootechnical' are deleted.

Article 2
Amendments to Directive
90/425/EEC

Directive
90/425/EEC is amended as follows:

(1)          In the title the words 'and
zootechnical' are deleted;

(2)          In Article 1, the second
paragraph is deleted;

(3)          In Article 2, point 2 is deleted;

(4)          In Article 3(1), the second
subparagraph of point (d) is replaced by the following:

"Those certificates or documents, issued
by the official veterinarian responsible for the holding, centre or
organization of origin must accompany the animals and products to their
destination.";

(5)          Article 4 is amended as follows:

(a)     In paragraph 1, points (a), the words
'or zootechnical' are deleted;

(b)     In paragraph 3, the words 'or
zootechnical' are deleted;

(6)          Article 19 is deleted;

(7)          In Annex A, Chapter II is
deleted.

Article 3
Amendments to Directive
91/496/EEC

In Directive 91/496/EEC, in Article 12(5),
the words 'and zootechnical' are deleted.

Article 4
Transposition

Member States shall bring into force the
laws, regulations and administrative provisions necessary to comply with this
Directive as of the first day of the eighteenth month following the date
referred to in Article 5. They shall forthwith communicate to the Commission
the text of those provisions.

When Member States adopt those provisions,
they shall contain a reference to this Directive or be accompanied by such a
reference on the occasion of their official publication. Member States shall
determine how such reference is to be made.

Article 5
Entry into force

This Directive shall enter into force on
the twentieth day following that of its publication in the Official Journal
of the European Union.

Article 6
Addressees

This
Directive is addressed to the Member States in accordance with the Treaties.

Done at Brussels,

For the European Parliament                        For
the Council

The President                                                 The
President

[1]               OJ C [...], [dd/mm/yyyy], p. [...].

[2]               OJ C [...], [dd/mm/yyyy], p. [...].

[3]               OJ C [...], [dd/mm/yyyy], p. [...].

[4]               OJ L 382, 31.12.1988, p. 36.

[5]               OJ L 153, 6.6.1989, p. 30.

[6]               OJ L 224, 18.8.1990, p. 55.

[7]               OJ L 85, 5.4.1991, p. 37.

[8]               OJ L 178, 12.7.1994, p. 66.

[9]               OJ L 323, 10.12.2009, p. 1.

[10]             OJ L 351, 21.12.1989, p. 34.

[11]             OJ L 224, 18.8.1990, p. 29.

[12]             OJ L 268, 24.9.1991, p. 56.

[13]             OJ L 24, 30.1.1998, p. 9.

[14]             COM(2013) 265.

[15]             OJ L 165, 30.4.2004, p. 1.

[16]             COM(2014) 5.

[17]             OJ C 369, 17.12.2011, p. 14.