1977L0504 — EN — 01.01.1995 — 007.001 — 1
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►B COUNCILDIRECTIVE
of25July1977
onpure-bredbreedinganimalsofthebovinespecies
(77/504/EEC)
(OJ L 206, 12.8.1977, p. 8)
Amended by:
Official Journal
No page date
►M1Council Directive 79/268/EEC of 5 March 1979 L 62 5 13.3.1979
►M2Council Directive 85/586/EEC of 20 December 1985 L 372 44 31.12.1985
►M3Council Regulation (EEC) No 3768/85 of 20 December 1985 L 362 8 31.12.1985
►M4Council Directive 91/174/EEC of 25 March 1991 L 85 37 5.4.1991
►M5Council Directive 94/28/EC of 23 June 1994 L 178 66 12.7.1994
Amended by:
►A1Act of Accession of Greece L 291 17 19.11.1979
►A2Act of Accession of Austria, Sweden and Finland C241 21 29.8.1994
(adapted by Council Decision 95/1/EC, Euratom, ECSC) L 1 1 1.1.1995
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COUNCILDIRECTIVE
of25July1977
onpure-bredbreedinganimalsofthebovinespecies
(77/504/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 cattle production occupies a very important place in Commu-
nity agriculture, and satisfactory results depend to a large extent on the
use of purebred breeding animals;
Whereas most Member States have hitherto endeavoured, as part of
their national breeding policies, to promote the production of livestock
of a limited number of breeds meeting specific zootechnic standards;whereas the breeds and standards vary from one Member State toanother; whereas these disparities hinder intra-Community trade;
Whereas, if these disparities are to be removed, thereby increasing agri-
cultural productivity in this sector, intra-Community trade in all pure-bred breeding animals must be progressively liberalized; whereascomplete liberalization of trade requires a later additional harmoniza-
tion particularly regarding approval for breeding;
Whereas it must be possible for the Member States to insist on pedi-
gree certificates drawn upin accordance with a Community p rocedure
being presented;
Whereas implementing measures in certain technical areas should be
taken; whereas, for the adoption of such measures, a procedure should
be provided for establishing close cooperation between Member Statesand the Commission within the Standing Committee on Zootechnics;whereas, until the adoption of those implementing measures, the provi-sions which are at present in force in the areas in question must remain
unchanged;
Whereas it must be ensured that importation of pure-bred breeding
animals of the bovine species from non-member countries cannot be
carried out on conditions which are less severe than those applied
within the Community,
HAS ADOPTED THIS DIRECTIVE:
Article 1
For the purposes of this Directive the following definitions shall apply:
(a) pure-bred breeding animal of the bovine species ►M4including
buffalo◄: any bovine animal the parents and grandparents of
which are entered or registered in a herd-book of the same breed,and which is itself either entered or registered and eligible for entry
in such a herd-book;
(b) herd-book: any book, register, file or data medium
— which is maintained by a breeders' organization or association
officially recognized by a Member State in which the breeders'1977L0504 — EN — 01.01.1995 — 007.001 — 2
(1) OJ No C 76, 3. 7. 1974, p. 52.
(2) OJ No C 116, 30. 9. 1974, p. 33.▼A1
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organization or association was constituted, or by an official
department of the Member State concerned, and
— in which pure-bred breeding animals of a given breed of the
bovine species are entered or registered with mention of their
ancestors.
Article 2
The Member States shall ensure that the following shall not be prohib-
ited, restricted or impeded on zootechnical grounds:
— intra-Community trade in pure-bred breeding animals of the bovine
species,
— intra-Community trade in the semen, ►M5ova and embryos ◄of
pure-bred breeding animals of the bovine species,
— the establishment of herd-books, provided that they comply with the
requirements laid down pursuant to Article 6,
— the recognition of organizations or associations which maintain
herd-books, in accordance with Article 6, and
— subject to Article 3, intra-Community trade in bulls used for artifi-
cial insemination.
However, Portugal is hereby authorized to maintain, until 31 December
1990 at the latest, import restrictions for bovine animals, as described
in the first indent of the previous paragraph, where the breeds
concerned do not appear on the list of breeds authorized in Portugal.Portugal shall notify the Commission and the Member States of thelist of authorized breeds.
Article 3
The Council, acting on a proposal from the Commission, shall, before
1 July 1980, adopt Community provisions for the approval of pure-bred
breeding animals of the bovine species for breeding.
Until the entry into force of such provisions, approval of pure-bred
breeding animals of the bovine species for breeding and approval of
bulls to be used for artificial insemination as well as the use of semen,
►
M5ova and embryos ◄shall remain subject to national law, on the
understanding that that law may not be more restrictive than thatapplicable to pure-bred breeding animals of the bovine species, semen,►
M5ova and embryos ◄in the Member State of destination.
Article 4
Breeders' organizations or associations officially recognized by a
Member State may not oppose the entry in their herd-books of pure-bred breeding animals of the bovine species from other Member States
provided that they satisfy the requirements laid down in accordance
with Article 6.
Article 5
Member States may require that pure-bred breeding animals of the
bovine species and the semen or ►
M5ova and embryos ◄from
such animals shall be accompanied, in intra-Community trade, by apedigree certificate which complies with a specimen drawn up inaccordance with the procedure laid down in Article 8, particularlywith regard to zootechnical performance.
Article 6
1. The following shall be determined in accordance with the proce-
dure laid down in Article 8:
— performance monitoring methods and methods for assessing cattle's
genetic value,1977L0504 — EN — 01.01.1995 — 007.001 — 3
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— the criteria governing the recognition of breeders' organizations and
associations,
— the criteria governing the establishment of herd-books,
— the criteria governing entry in herd-books,
— the particulars to be shown on the pedigree certificate.
2. Until the entry into force of the provisions provided for in the
first, second and third indents of paragraph 1:
(a) the official checks referred to in the first indent of paragraph 1
carried out in each Member State and the herd-books in existence
at present shall be recognized by the other Member States;
(b) the recognition of breeders' organizations and associations shall
continue to be governed by the rules at present in force in eachMember State;
(c) the introduction of new herd-books shall continue to meet the
conditions at present in force in each Member State.
Article 7
Until the implementation of Community rules on the subject, the condi-
tions applicable to imports of pure-bred breeding animals of the bovine
species from non-member countries must not be more favourable thanthose governing intra-Community trade.
Member States shall not authorize the import of pure-bred breeding
animals of the bovine species from non-member countries unless they
are accompanied by a pedigree certificate certifying that they are
entered or registered in a herd-book in the exporting non-membercountry. Proof must be provided that the animals are either entered orregistered and eligible for entry in a herd-book in the Community.
Article 8
1. Where the procedure laid down in this Article is to be used,
matters shall without delay be referred by the Chairman, either on hisown initiative or at the request of a Member State, to the StandingCommittee on Zootechnics (hereinafter referred to as ‘the Committee’)set upby the Council Decision 77/505/EEC.
2. The representative of the Commission shall submit to the
Committee a draft of the measures to be taken. The Committee shall
deliver its opinion on the draft within a time limit which the Chairman
may lay down according to the urgency of the matter. The opinionshall be delivered by the majority laid down in Article 148 (2) of theTreaty in the case of decisions which the Council is required to adopton a proposal from the Commission. The votes of the representatives ofthe Member States within the Committee shall be weighted in the
manner set out in that Article. The Chairman shall not vote.
►
A23.◄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 opinionof the Committee or if no opinion is delivered, the Commission shallwithout delay propose to the Council the measures to be adopted. TheCouncil shall adopt the measures by a qualified majority.
If, within three months from the date on which the proposal was
submitted to it, the Council has not adopted any measures, theCommission shall adopt the proposed measures and apply them imme-diately save where the Council has decided by a simple majorityagainst those measures.1977L0504 — EN — 01.01.1995 — 007.001 — 4
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Article 9
The Member States shall bring into force the laws, regulations and
administrative provisions necessary to:
(a) comply with this Directive, with the exception of Article 7, by 1
January 1979 at the latest;
(b) comply with Article 7, as regards each of the points which it
covers, on the same dates as those on which they comply with thecorresponding provisions applicable in intra-Community trade, andin particular the decisions that are successively adopted pursuant to
Article 6.
They shall forthwith inform the Commission thereof.
Article 10
This Directive is addressed to the Member States.1977L0504 — EN — 01.01.1995 — 007.001 — 5
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