1988L0661 — EN — 05.06.2003 — 002.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COUNCILDIRECTIVE
of19December
onthezootechnical standardsapplicabletobreedinganimalsoftheporcinespecies
(88/661/EEC)
(OJ L 382, 31.12.1988, p. 36)
Amended by:
Official Journal
No page date
►M1Council Regulation (EC) No 806/2003 of 14 April 2003 L 122 1 16.5.2003
Amended by:
►A1Act of Accession of Austria, Sweden and Finland C 241 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),
Whereasthe breeding and production of animalsof the porcine s pecies
occupy a very important place in Community agriculture; whereasthey
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;
Whereasmos t Member Stateshave hitherto endeavoured, aspart 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 thiss ector, 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 Zootechnicss et up by 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 ruleslaid down in the Treaty;
Whereas it must be ensured that breeding pigs cannot be imported from
non-member countriess ubject to conditionswhich 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 thisDirective,1988L0661 — EN — 05.06.2003 — 002.001 — 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
parentsand grandparentsof which are entered or regis tered 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
fulfilsthe following criteria:
1. it is produced by deliberate cross-breeding:
— between pure-bred breeding pigsof different breedsor lines ,
— between animalswhich are thems elvesthe outcome of a
cross between different breeds or lines,
— or between pure-bred animalsand animalsbelonging 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 Statesmay, however, als o 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 pigsof a s pecified 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 pigsare entered with mention of their
ancestors.
CHAPTER II
Rulesgoverningintra-Communitytradeinpure-bredbreedingpigs
Article 2
1. Member Statesmay not prohibit, res trict or impede on zootech-
nical grounds:
— intra-Community trade in pure-bred breeding pigsor in their s emen,
ova and embryos,
— the establishment of herd-books, provided that they meet the condi-
tionslaid down purs uant 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-booksin accordance with Article 6.
2. However, Member Statesmay 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 inArticles3, 5 and 6.1988L0661 — EN — 05.06.2003 — 002.001 — 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-booksof pure-bred breeding pigsfrom other Member States ,provided that they satisfy the requirements laid down in accordancewith Article 6.
2. However, Member Statesmay require or allow certain pure-bred
breeding pigsdis patched 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 Statesmay require pure-bred breeding pigsand the s emen,
ova and embryosof s uch animalsto be accompanied at the time oftheir marketing by certificatesdrawn up in 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 organizationsasreferred 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-bookss hall
be recognized by the other Member States.
CHAPTER III
Rulesgoverningintra-Communitytradeinhybridbreedingpigs
Article 7
1. Member Statesmay not prohibit, res trict or impede on zootech-
nical grounds:
— intra-Community trade in hybrid breeding pigsor the s emen, ova
and embryos of such animals,
— the establishment of registers, provided that they meet the condi-
tionslaid down purs uant to Article 10,
— the official approval of breeders' associations and/or breeding orga-
nizationsand/or private undertakingsasreferred to in Article 1 (d)
which establish or maintain registers in accordance with Article 10.
2. However, Member Statesmay 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 inArticles8, 9 and 10.1988L0661 — EN — 05.06.2003 — 002.001 — 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 Communityprovisions for the approval of hybrid breeding pigs for breeding.
Article 9
Member Statesmay require hybrid breeding pigsand the s emen, ova
and embryosof s uch animalsto be accompanied at the time of their
marketing by certificatesdrawn up in 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 undertakings
as 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 be
recognized by the other Member States.
CHAPTER IV
General provisions
Article 11
1. The Commission shall be assisted by the Standing Committee on
Zootechnics set up pursuant Decision 77/505/EEC.
2. Where reference ismade to thisArticle, Articles5 and 7 of Deci-
sion 1999/468/EC (1) shall apply.
The period laid down in Article 5(6) of Decision 1999/468/EC shall be
set at three months.
3. The Committee shall adopt its Rules of Procedure.
Article 12
Pending the implementation of Community ruleson the s ubject, the
zootechnical conditionsapplicable to importsof pure-bred and hybridbreeding pigsfrom third countriesmus t not be more favourable thanthose 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 withthisDirective, except in cas eswhere the Council, acting by a qualifiedmajority on a proposal from the Commission, decides to extend thatderogation.1988L0661 — EN — 05.06.2003 — 002.001 — 5
(1) OJ L 31, 1.2.2002, p. 1.▼M1
▼B
▼B
Article 14
This Directive is addressed to the Member States.1988L0661 — EN — 05.06.2003 — 002.001 — 6