1988L0661 — EN — 01.01.1995 — 001.001 — 1
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►B COUNCILDIRECTIVE
of19December
onthezootechnical standardsapplicabletobreedinganimalsoftheporcinespecies
(88/661/EEC)
(OJ L 382, 31.12.1988, p. 36)
Amended by:
Official Journal
No page date
►A1Act 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
▼B
COUNCILDIRECTIVE
of19December
onthezootechnicalstandardsapplicabletobreedinganimalsofthe
porcinespecies
(88/661/EEC)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic
Community, and in particular Article 43 thereof,
Having regard to the proposal from the Commission(1),
Having regard to the opinion of the European Parliament(2),
Having regard to the opinion of the Economic and Social
Committee(3),
Whereas the breeding and production of animals of the porcine species
occupy a very important place in Community agriculture; whereas they
may be a source of income for part of the agricultural population;
Whereas production of animals of the porcine species should be
encouraged; whereas satisfactory results in this field depend to a largeextent on the use of pure-bred or hybrid breeding animals;
Whereas most Member States have hitherto endeavoured, as part of
their national breeding policies, to promote the production of livestockmeeting specific zootechnical standards; whereas the existence of
disparities in the implementation of these policies may 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
breeding pigs must be progressively liberalized; whereas the total liber-
alization of trade presupposes subsequent further harmonization, inparticular with regard to approval for breeding and criteria governingentry in herd-books or registers;
Whereas it must be possible for Member States to require certificates
drawn up in accordance with a Community procedure to be presented;
Whereas implementing measures should bet taken; whereas, for the
application of such measures, a procedure should be laid down estab-
lishing close cooperation between Member States and the Commissionwithin the Standing Committee on Zootechnics set upby the Councilby Decision 77/505/EEC(
4);
Whereas, pending further Community decisions, Member States may
continue to apply their national provisions in accordance with thegeneral rules laid down in the Treaty;
Whereas it must be ensured that breeding pigs cannot be imported from
non-member countries subject to conditions which are more favourablethan those applied within the Community;
Whereas, bearing in mind the special conditions obtaining in Spain and
Portugal, provision should be made for a further time limit for theimplementation of this Directive,1988L0661 — EN — 01.01.1995 — 001.001 — 2
(1) OJ No C 44, 21. 2. 1980, p. 12.
(2) OJ No C 147, 16. 6. 1980, p. 34.
(3) OJ No C 182, 21. 7. 1980, p. 5.
(4) OJ No L 206, 12. 8. 1977, p. 11.
▼B
HAS ADOPTED THIS DIRECTIVE:
CHAPTER I
Definitions
Article 1
For the purposes of this Directive, the following definitions shall apply:
(a)pure-bred breeding pig: any animal of the porcine species, the
parents and grandparents of which are entered or registered in a
herd-book of the same breed and which is itself entered or regis-tered and eligible for entry in such a herd-book;
(b)hybrid breeding pig: any animal of the porcine species which
fulfils the following criteria:
1. it is produced by deliberate cross-breeding:
— between pure-bred breeding pigs of different breeds or lines,
— between animals which are themselves the outcome of a
cross between different breeds or lines,
— or between pure-bred animals and animals belonging to one
or other of the above categories;
2. it must be entered in a register;
(c)herd-book: any book, file or data medium:
— which is maintained either by a breeders' association officially
approved by the Member State in which that association is
established or by an official service of the Member State inquestion,
Member States may, however, also provide that it be main-
tained by a breeding organization officially approved by theMember State in which that organization is established,
— in which pure-bred breeding pigs of a specified breed are
entered or registered with mention of their ancestors;
(d)register: any book, file or data medium:
— which is maintained either by a breeders' association, a breeding
organization or a private undertaking officially approved by theMember State in which that association, organization or under-taking is established, or by an official service of the Member
State in question,
— in which hybrid breeding pigs are entered with mention of their
ancestors.
CHAPTER II
Rulesgoverningintra-Communitytradeinpure-bredbreedingpigs
Article 2
1. Member States may not prohibit, restrict or impede on zootech-
nical grounds:
— intra-Community trade in pure-bred breeding pigs or in their semen,
ova and embryos,
— the establishment of herd-books, provided that they meet the condi-
tions laid down pursuant to Article 6,
— the official approval of breeders' associations or breeding organiza-
tions as referred to in Article 1 (c), which establish or maintain
herd-books in accordance with Article 6.
2. However, Member States may continue to apply their national
provisions which comply with the general rules of the Treaty pendingthe entry into force of the relevant Community decisions referred to inArticles 3, 5 and 6.1988L0661 — EN — 01.01.1995 — 001.001 — 3
▼B
Article 3
The Council, acting by a qualified majority on a proposal from the
Commission, shall adopt by not later than 31 December 1990 Commu-
nity provisions for the approval of pure-bred breeding pigs forbreeding.
Article 4
1. Breeders' associations and/or breeding organizations as referred to
in Article 1 (c) which are officially approved by a Member State and/or
the official service of a Member State may not oppose the entry in theirherd-books of pure-bred breeding pigs from other Member States,provided that they satisfy the requirements laid down in accordancewith Article 6.
2. However, Member States may require or allow certain pure-bred
breeding pigs dispatched from another Member State and havingspecific characteristics distinguishing them from the population of thesame breed in the Member State of destination to be entered in a sepa-rate section of the herd-book for the breed to which they belong.
Article 5
Member States may require pure-bred breeding pigs and the semen,
ova and embryos of such animals to be accompanied at the time oftheir marketing by certificates drawn upin accordance with Article 6.
Article 6
1. The following shall be determined in accordance with the proce-
dure laid down in Article 11:
— methods for monitoring performance and assessing the genetic
value of pure-bred breeding pigs,
— the criteria governing the establishment of herd-books,
— the criteria governing entry in herd-books,
— the criteria for approval and supervision of breeders' associations
and/or breeding organizations as referred to in Article 1 (c) whichestablish or maintain herd-books,
— the certificate mentioned in Article 5.
2. Pending entry into force of the provisions provided for in para-
graph 1, the monitoring referred to in the first indent of paragraph 1
officially carried out in each Member State and the herd-books shall
be recognized by the other Member States.
CHAPTER III
Rulesgoverningintra-Communitytradeinhybridbreedingpigs
Article 7
1. Member States may not prohibit, restrict or impede on zootech-
nical grounds:
— intra-Community trade in hybrid breeding pigs or the semen, ova
and embryos of such animals,
— the establishment of registers, provided that they meet the condi-
tions laid down pursuant to Article 10,
— the official approval of breeders' associations and/or breeding orga-
nizations and/or private undertakings as referred to in Article 1 (d)
which establish or maintain registers in accordance with Article 10.
2. However, Member States may continue to apply their national
provisions which comply with the general rules of the Treaty pendingthe entry into force of the relevant Community decisions referred to inArticles 8, 9 and 10.1988L0661 — EN — 01.01.1995 — 001.001 — 4
▼B
Article 8
The Council acting by a qualified majority on a proposal from the
Commission shall, not later than 31 December 1990, adopt Community
provisions for the approval of hybrid breeding pigs for breeding.
Article 9
Member States may require hybrid breeding pigs and the semen, ova
and embryos of such animals to be accompanied at the time of theirmarketing by certificates drawn upin accordance with Article 10.
Article 10
1. The following shall be determined in accordance with the proce-
dure laid down in Article 11:
— methods for monitoring performance and assessing the genetic
value of hybrid breeding pigs,
— the criteria governing the establishment of registers,— the criteria governing entry in registers,— the criteria governing the approval and monitoring of breeders'
associations and breeding organizations and/or private undertakingsas referred to in Article 1 (d), establishing or maintaining registers,
— the certificate mentioned in Article 9.
2. Pending entry into force of the provisions provided for in para-
graph 1, the monitoring referred to in the first indent of paragraph 1
officially carried out in each Member State and the registers shall berecognized by the other Member States.
CHAPTER IV
General provisions
Article 11
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 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.
►
A13.◄The Commission shall adopt the measures and apply
them immediately where they are in accordance with the opinion of
the committee.
If the measures envisaged are not in accordance with the opinion of the
committee, or if no opinion is delivered, the Commission shall withoutdelay propose to the Council the measures to be adopted.
The Council 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, the Commission shall adoptthe proposed measures and apply them immediately.
Article 12
Pending the implementation of Community rules on the subject, the
zootechnical conditions applicable to imports of pure-bred and hybrid1988L0661 — EN — 01.01.1995 — 001.001 — 5
▼A1
▼B
▼B
breeding pigs from third countries must not be more favourable than
those governing intra-Community trade.
Article 13
Member States shall bring into force the laws, regulations and admin-
istrative provisions necessary to comply with this Directive not later
than 1 January 1991. They shall forthwith inform the Commission
thereof.
However the Kingdom of Spain and the Portugese Republic shall
dispose of a further period of two years within which to comply withthis Directive, except in cases where the Council, acting by a qualifiedmajority on a proposal from the Commission, decides to extend thatderogation.
Article 14
This Directive is addressed to the Member States.1988L0661 — EN — 01.01.1995 — 001.001 — 6