1977L0391 — EN — 01.01.1986 — 004.001 — 1
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►B COUNCILDIRECTIVE
of17May1977
introducing Community measures for the eradication of brucellosis, tuberculosis and leucosis in
cattle
(77/391/EEC)
(OJ L 145, 13.6.1977, p. 44)
Amended by:
Official Journal
No page date
►M1Council Directive 81/476/EEC of 24 June 1981 L 186 20 8.7.1981
►M2Council Directive 82/400/EEC of 14 June 1982 L 173 18 19.6.1982
►M3Council Regulation (EEC) No 3768/85 of 20 December 1985 L 362 8 31.12.1985
Amended by:
►A1Act of Accession of Greece L 291 17 19.11.1979
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COUNCILDIRECTIVE
of17May1977
introducingCommunitymeasuresfortheeradicationofbrucellosis,
tuberculosisandleucosisincattle
(77/391/EEC)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic
Community, and in particular Articles 43 and 100 thereof,
Having regard to the proposal from the Commission,Having regard to the opinion of the European Parliament(
1),
Having regard to the opinion of the Economic and Social
Committee(2),
Whereas one of the tasks of the Community in the veterinary field is to
improve the state of health of livestock, and thus to make stock-breeding more profitable, while also protecting man against certaindiseases which are communicable to him;
Whereas such measures must contribute to the abolition of barriers to
trade in freshmeat or live animals between Member States, wh icharedue to differences in health situations;
Whereas Community initiatives to this effect must initially concentrate
on certain diseases against which immediate action is possible; whereas
this is true of brucellosis, tuberculosis and leucosis;
Whereas in so far as the proposed measures are intended to achieve the
objectives set out in Article 39 (1) (a) of the Treaty they shall consti-tute common measures within the meaning of Article 6 (1) of Council
Regulation (EEC) No 729/70 of 21 April 1970 on the financing of the
common agricultural policy(
3);
Whereas, in as much as the Community contributes to the financing of
the common measures, it must be in a position to ascertain that theprovisions adopted by Member States for the implementation of those
measures will contribute towards achievement of the objectives thereof;
whereas, to this end, provision should be made for a procedure estab-lishing close cooperation between Member States and the Commissionwithin the Standing Veterinary Committee, set up by Decision 68/361/EEC(
4),
HAS ADOPTED THIS DIRECTIVE:
Article 1
The purpose of this Directive is to improve the state of health of cattle
in the Community by means of Community action to accelerate orintensify the eradication of brucellosis and tuberculosis and to eradicateleucosis.
CHAPTER I
Technical provisions relating to brucellosis, tuberculosis and
leucosis
Article 2
1. For the purpose of this Directive, Member States in which the
cattle population is infected by bovine brucellosis shall draw up plans1977L0391 — EN — 01.01.1986 — 004.001 — 2
(1) OJ No C 6, 10. 1. 1977, p. 13.
(2) OJ No C 56, 7. 3. 1977, p. 28.
(3) OJ No L 94, 28. 4. 1970, p. 13.
(4) OJ No L 255, 28. 10. 1968, p. 23.
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for accelerating the eradication of this disease in their national terri-
tories, under the conditions laid down in paragraphs 2 and 3.
2. (a) The plans for accelerating the eradication of bovine brucellosis
shall be so devised that on their completion herds are classedas ‘officially brucellosis-free’, in accordance withCommunityprovisions in this field, and in particular Council Directive 64/
432/EEC of 26 June 1964 on animal health problems affecting
intra-Community trade in bovine animals and swine(
1), as last
amended by Directive 75/379/EEC(2).
(b) The plan must list the measures to be taken to accelerate and
intensify the eradication of bovine brucellosis and must specifythe measures to combat and prevent this disease.
3. The Member States shall report to the Commission:
(a) the percentage and total number of herds subject to control
measures, and of herds with confirmed bovine brucellosis;
(b) the total numbers:
— of animals subject to control measures,
— of animals withsuspected brucellosis or considered to be
infected,
— of infected animals,
— of animals slaughtered;
(c) the scheduled duration of the initial eradication programmes and of
the accelerated plans;
(d) the method applied for checking on the effective application of the
accelerated plans;
(e) the national budgetary allocation for the eradication of bovine
brucellosis and the breakdown by items of these allocations.
The information referred to under (a), (b) and (e) shall be provided for
the three years preceding the application of the acceleration measures,and annually thereafter.
4. Member States withbovine brucellosis-free cattle populations
shall inform the Commission of all the measures taken to prevent theresurgence of this disease.
Article 3
1. For the purposes of this Directive, Member States in which the
cattle populations are infected withbovine tuberculosis sh all draw upplans for accelerating the eradication of this disease in their nationalterritories, under the conditions laid down in paragraphs 2 and 3.
2. (a) The plans for accelerating the eradication of bovine tuberculosis
shall be so devised that on their completion herds are classed as‘officially tuberculosis-free’, in accordance withCommunity
provisions in this field and Directive 64/432/EEC in particular.
(b) The plans must list the measures to be taken to accelerate, inten-
sify or carry through the eradication of bovine tuberculosis andmust specify the measures to combat and prevent this disease.
3. The Member States shall report to the Commission:
(a) the percentages and total numbers of herds subject to control
measures, and of herds with confirmed bovine tuberculosis;
(b) the total numbers:
— of animals subject to control measures,
— of animals withsuspected tuberculosis or considered to be
infected,
— of infected animals,1977L0391 — EN — 01.01.1986 — 004.001 — 3
(1) OJ No 121, 29. 7. 1964, p. 1977/64.
(2) OJ No L 172, 3. 7. 1975, p. 17.
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— of animals slaughtered;
(c) the scheduled duration of the initial eradication programmes and of
the accelerated plans;
(d) the methods applied for checking on the effective application of the
accelerated plans;
(e) the national budgetary allocations for the eradication of bovine
tuberculosis and the breakdown by items of these allocations.
The information referred to under (a), (b) and (e), shall be provided for
the three years preceding the application of the acceleration measures,and annually thereafter.
4. Member States withbovine tuberculosis-free cattle populations
shall inform the Commission of all the measures taken to prevent theresurgence of this disease.
Article 4
For the purposes of this Directive, the Member States which have
established the presence of enzootic leucosis among cattle in their terri-
tories shall draw up plans for the eradication of this disease.
The plans must specify the measures for combating this disease.
The tests or methods used to declare a herd free of leucosis shall be
those laid down in Commission Decision 73/30/EEC of 23 January1973 authorizing the Federal Republic of Germany to apply specialhealth guarantees for the prevention of leucosis in the case of bovine
animals imported for breeding or production(
1), as last amended by
Decision 75/64/EEC(2), or any other tests or methods recognized by
the procedure laid down in Article 11.
Member States shall furnish the Commission, at the latter's request,
with all information regarding the execution of the plans.
CHAPTER 2
Commonandfinancialprovisions
Article 5
In so far as they are intended to achieve the objectives defined in
Article 39 (1) (a) of the Treaty, the measures provided for in Chapter1 shall constitute common measures within the meaning of Article 6(1) of Regulation (EEC) No 729/70.
Article 6
1. The time for carrying out the common measures is three years.
2. The total contribution by the European Agricultural Guidance and
Guarantee Fund, hereinafter called ‘the Fund’ to the cost of thecommon measures is estimated at 130 million units of account, for the
three years.
3. However, for the Member States whose three-year plans expire in
the course of 1981, the three-year period shall be extended to 31December 1981.
Article 7
1. Expenditure by Member States in respect of measures taken under
Articles 2, 3 and 4 shall be eligible for assistance from the GuidanceSection of the Fund within the limits indicated in Article 6.1977L0391 — EN — 01.01.1986 — 004.001 — 4
(1) OJ No L 77, 26. 3. 1973, p. 40.
(2) OJ No L 21, 28. 1. 1975, p. 20.▼M2
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2. The Guidance Section of the Fund shall pay to Member States 60
units of account per cow and 30 units of account per bovine animalother than cows slaughtered under the measures mentioned in Chapter
1.
3. Detailed rules for applying this Article shall be adopted according
to the procedure laid down in Article 13 of Regulation (EEC) No 729/70.
4. Measures taken by Member States shall not be eligible to benefit
from financial contributions by the Community unless a favourabledecision according to Article 9 has been given in respect of the provi-sions relating thereto.
Article 8
1. Applications for payment shall relate to slaughterings carried out
by Member States in the course of a calendar year and shall besubmitted to the Commission before 1 July of the following year.
2. The granting of aid from the Fund shall be decided according to
Article 7 (1) of Regulation (EEC) No 729/70.
3. Detailed rules for applying this Article shall be adopted according
to the procedure laid down in Article 13 of Regulation (EEC) No 729/
70.
Article 9
1. Member States shall forward to the Commission the plans
provided for in Articles 2 and 3 and the information required under
Articles 2 (3) (c) and (d), and 3 (3) (c) and (d) prior to their implemen-tation, not later than three months after the entry into effect of thisDirective, and annually thereafter. The plans provided for in Article 4shall be forwarded annually to the Commission by Member States, andprior to their implementation in the case of Member States which have
not yet drawn up plans.
2. The Commission shall examine the plans forwarded in accor-
dance with paragraph 1 for the purpose of determining whether, interms of conformity with this Directive and having regard to the objec-tives thereof, the conditions for financial contribution by theCommunity are met. Within two months following the receipt of anyplans the Commission shall submit a draft Decision to the Standing
Veterinary Committee. The Committee shall issue its opinion in accor-
dance with the procedure laid down in Article 11, within a time limitset by the chairman. The Fund Committee shall be consulted on thefinancial aspects.
Article 10
The Commission shall make regular on-the-spot checks to verify from
a veterinary viewpoint whether the plans are being applied.
Member States shall take the necessary steps to facilitate these checks
and shall in particular ensure that the experts are supplied at theirrequest withall information and documentation needed for assessingthe execution of the plans.
The provisions for implementing this Article, especially as regards the
frequency and method of carrying out the checks referred to in the first
subparagraph, the rules governing the appointment of official veterinar-ians and the procedure which they must follow when drawing up theirreport, shall be laid down according to the procedure set out in Article11.
Article 11
1. Where the procedure laid down in this Article is to be followed,
the matter shall be referred by the chairman, either on his own initia-tive or at the request of a Member State, to the Standing VeterinaryCommittee, hereinafter called ‘the Committee’.1977L0391 — EN — 01.01.1986 — 004.001 — 5
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2. Within the Committee the votes of the Member States shall be
weighted as provided for in Article 148 (2) of the Treaty. The chairmanshall not vote.
3. The Commission representative shall submit a draft of the
measures to be adopted. The Committee shall deliver its opinion onsuch measures within a time limit set by the chairman, having regardto the urgency of the questions under examination. An opinion shallnot be delivered unless it receives a minimum of ►
M3fifty-four ◄
votes in its favour.
4. The Commission shall adopt the measures and shall apply them
immediately, where they are in accordance with the opinion of the
Committee. Where they are not in accordance with the opinion of theCommittee, or if no opinion is delivered, the Commission shall withoutdelay submit a proposal to the Council on the measures to be adopted.The Council shall adopt the measures by a qualified majority.
If the Council has not adopted any measures within three months of the
date on which the proposal was referred to it, the Commission shall
adopt the proposed measures and apply them immediately, save wherethe Council has decided against these measures by a simple majority.
Article 13
The Council, acting on a proposal from the Commission and before 1
August 1977, shall adopt the provisions concerning the criteria which
the national eradication plans, referred to in Articles 2, 3 and 4, must
satisfy in order to qualify for a financial contribution by the Commu-nity.
Article 14
The Member States shall put into effect the laws, regulations and
administrative provisions necessary for compliance withth is Directive,on the date laid down for the entry into force of the provisions referredto in Article 13.
Article 15
This Directive is addressed to the Member States.1977L0391 — EN — 01.01.1986 — 004.001 — 6
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