A4-0022/97

Proposal for a Council Regulation establishing a system for the identification and registration of bovine animals (COM(96)0460 - C4-0545/96 - 96/0228(CNS))

The proposal was approved with the following amendments:

(Amendment 2)

Recital 3a (new)

>Text following EP vote>

Whereas a Regulation on the identification of bovine animals is necessary in order to restore consumer confidence in beef and processed beef products, which has been seriously affected as a result of the BSE epidemic; whereas the Regulation must be formulated such that due emphasis is given to consumer protection;

(Amendment 3)

Recital 6

>Original text>

Whereas for the purpose of rapid and accurate tracing of animals for health reasons and the control of Community aid schemes each Member State should create a computerized data base which shall record the identity of the animal, all holdings on their territory and the movements of the animals;

>Text following EP vote>

Whereas for the purpose of rapid and accurate tracing of animals for health reasons, complete identification of origin of animals, tracing previous movements of animals, animal breeding activities and the control of Community aid schemes each Member State should create a computerized data base which shall record the identity of the animal, all holdings on their territory and the movements of the animals;

(Amendment 4)

Recital 6a (new)

>Text following EP vote>

Whereas, in order to establish an effective system of identification and registration throughout the European Union which is consistent with the objectives of this Regulation, the technical infrastructure (data bases, etc.) should be of the same standard in all the Member States;

(Amendment 5)

Recital 6b (new)

>Text following EP vote>

Whereas for the acceptability of the identification system to be introduced it is essential not to impose excessive demands on the producer in terms of bureaucracy; whereas, similarly, care must be taken that the cost per animal remains small;

(Amendment 6)

Recital 6c (new)

>Text following EP vote>

Whereas steps must be taken to ensure that the technical conditions exist to guarantee perfect communication by the producer with the data base and a comprehensive use of data bases; whereas there must also be guarantees that when data are notified to the data base the probability of error does not exceed a certain level; whereas the introduction of data bases is meaningful only under these conditions;

(Amendment 7)

Recital 6d (new)

>Text following EP vote>

Whereas during a transitional phase the Member States shall be free to dispense with a double collection of data in both data bases and through animal passports, except for the date of birth and the dates relating to slaughter; whereas the Member States can also dispense with animal passports, provided it is guaranteed that all animal movements are correctly notified to a central data base; whereas this shall not apply in the transitional phase;

(Amendment 8)

Recital 6e (new)

>Text following EP vote>

Whereas with regard to access to data bases the producers must be guaranteed adequate data protection; whereas account must be taken of the special significance of national consumer protection organizations within the framework of the existing data protection;

(Amendment 9)

Recital 7

>Original text>

Whereas in order to permit movements of bovine animals to be traced animals must be identified by an ear-tag applied in each ear and accompanied by a passport throughout any movement; whereas the form and content of the mark and the requirements of the passport must be determined on a Community basis; whereas a passport must be issued for each animal to which an ear-tag has been allocated;

>Text following EP vote>

Whereas in order to permit movements of bovine animals to be traced animals must be identified by an ear-tag applied in each ear throughout any movement; whereas the form and content of the mark and the requirements of the passport must be determined on a Community basis; whereas, in so far as a country specifies a passport for bovine animals, a passport must be issued for each animal to which an ear-tag has been allocated and it must accompany the animal during any movement;

(Amendment 10)

Recital 8

>Original text>

Whereas in the case of animals in which the ear-tag has become illegible or been lost a new mark must be applied; whereas a replacement tag shall bear the same code as the original ear-tag;

>Text following EP vote>

Whereas in the case of animals in which the ear-tag has become illegible or been lost a new mark must be applied; whereas a replacement tag shall bear the same number as the original ear-tag;

(Amendment 11)

Article 2, second indent

>Original text>

- keeper shall mean any natural or legal person responsible for animals, whether on a permanent or on a temporary basis, including during transportation or at a market;

>Text following EP vote>

- keeper shall mean any natural or legal person responsible for animals, whether on a permanent or on a temporary basis, including during transportation or during trading in animals;

(Amendment 12)

Article 3, first paragraph a (new)

>Text following EP vote>

The Member States shall apply these elements in accordance with the provisions of this Regulation. The Member States may dispense with issuing animal passports when it is guaranteed that all animal movements are notified to a central data base. This shall not apply, however, during the transitional phase laid down in Article 5.

(Amendment 13)

Article 3, second paragraph

>Original text>

The Commission and the competent authority of the Member State concerned shall have access to all information under this Regulation. They shall take the measures necessary to ensure appropriate accessibility to this data for all parties concerned, in particular to consumer organizations having a particular interest recognized by the Member State, as well as the protection of its confidentiality.

>Text following EP vote>

The Commission and the competent authority of the Member State concerned shall have access to all information under this Regulation. They shall take the measures necessary to ensure appropriate accessibility to this data for all parties concerned. Consumer protection organizations shall receive access to this information in well-founded cases recognized by the national bodies.

(Amendment 14)

Article 4(1)

>Original text>

1. All animals on a holding shall be identified by an ear-tag applied in each ear approved by the competent authority. The ear-tags shall bear the same unique identification code. The first two positions shall identify the Member State of the holding where the animal is first identified in accordance with the alpha-2 country code set down in Decision 93/317/EEC, followed by a numeric code which shall not exceed 12 characters, and which makes it possible to identify each animal individually together with the holding on which it was born.

>Text following EP vote>

1. All animals on a holding shall be identified by an ear-tag applied in each ear which shall be of a type approved by the competent authority, shall not be forgeable and shall be legible throughout the animal's life. The ear-tags shall bear the same unique identification code. The first two positions shall identify the Member State of the holding where the animal is first identified in accordance with the apha-2 country code set down in Decision 93/317/EEC, followed by a numeric code which shall not exceed 12 characters, and which makes it possible to identify each animal individually together with the holding on which it was born.

(Amendment 15)

Article 4(2), first subparagraph

>Original text>

2. The ear-tag shall be applied within 14 days following the birth of the animal and in any case before the animal leaves the holding on which it was born.

>Text following EP vote>

2. The ear-tag shall be applied within 30 days following the birth of the animal and in any case before the animal leaves the holding on which it was born.

(Amendment 16)

Article 4(3), first subparagraph

>Original text>

3. Any animal imported from a third country which has passed the checks laid down by Directive 91/496/EEC and which remains within Community territory shall be identified on the holding of destination by an eartag complying with the provisions of this Article, within 14 days of undergoing the aforesaid checks, and, in any event, before leaving the holding. However, it is not necessary to identify the animal if the holding of destination is a slaughterhouse situated in the Member State where such checks are carried out and the animal is actually slaughtered within that 14-day period.

>Text following EP vote>

3. Any animal imported from a third country which has passed the checks laid down by Directive 91/496/EEC and which remains within Community territory shall be identified officially on entry into the Community by the border inspection posts and after undergoing the aforesaid checks. A link shall be established at this point between the identification carried out by the third country and the identification carried out by the Member State of destination. If the holding of destination is a slaughterhouse situated in the Member State where such checks are carried out, the animal shall be earmarked within 72 hours.

(Amendment 18)

Article 4(5)

>Original text>

5. No ear-tag may be removed or replaced without the permission of the competent authority. Where an ear-tag has become illegible or has been lost, a replacement tag bearing the same code shall be applied in accordance with this Article.

>Text following EP vote>

5. No ear-tag may be removed or replaced without the permission of the competent authority. Where an ear-tag has become illegible or has been lost, a replacement tag bearing at least the same number shall be applied in accordance with this Article. Illegible or lost ear-tags must be reissued by the competent office or rewritten using indelible ink.

(Amendment 19)

Article 4(6a) (new)

>Text following EP vote>

6a. Holdings may receive once each year a number of ear-tags on the basis of the number of tags used the previous year.

(Amendment 20)

Article 4(7)

>Original text>

7. Ear-tags which do not comply with the requirements as laid down in this Article, shall be replaced on 31 December 1997 at the latest.

>Text following EP vote>

7. By 1 July 1997 at the latest, only those ear-tags which comply with the requirements as laid down in this Article may be used for newborn animals.

(Amendment 21)

Article 5, first paragraph (1), seventh indent

>Original text>

- identification numbers of all holdings where the animal has been kept;

>Text following EP vote>

- identification numbers of the first and all subsequent holdings where the animal has been kept;

(Amendment 22)

Article 5, first paragraph (2), first indent

>Original text>

- the identification number consisting of a code not exceeding 12 characters;

>Text following EP vote>

- the identification number consisting of a code not exceeding 14 characters;

(Amendment 23)

Article 5, third paragraph

>Original text>

The data base shall be fully operational and contain all relevant data on 31 December 1997 at the latest.

>Text following EP vote>

The data base shall be fully operational on 31 December 1997 and by that date at the latest contain birth and slaughter data. It shall contain all other data from 31 December 1998 at the latest.

(Amendment 24)

Article 5, third paragraph a (new)

>Text following EP vote>

In so far as it can be guaranteed that all the data listed in this Article is contained in the data base, the Member States may dispense with the introduction of animal passports.

(Amendment 25)

Article 5, third paragraph b (new)

>Text following EP vote>

The notification of data to the data base shall take place within 30 days, but at the latest before an animal leaves the holding.

(Amendment 26)

Article 5, third paragraph c (new)

>Text following EP vote>

For imports from third countries the necessary data shall be forwarded to the data base on entry into the Community, regardless of whether or not the Member State concerned has introduced an animal passport.

(Amendment 27)

Article 6(1)

>Original text>

1. The competent authority shall issue a passport for each animal to which an ear-tag has been allocated within 7 days following the notification of its birth, or, in the case of animals imported from third countries, of the notification of its re-identification by the Member State concerned, as provided for under Article 4 paragraph 3. The competent authority may issue a passport to animals from another Member State under the same conditions. In such cases, the passport accompanying the animal on its arrival shall be surrendered to the competent authority which shall return it to the issuing Member State.

>Text following EP vote>

1. Where a Member State is using or introducing an animal passport, the keeper shall receive together with the ear-tags the appropriate number of animal passports. The keeper shall be required after attaching the ear-tag to activate the animal passport. Animals imported from third countries shall receive the animal passport relating to the ear-tag on entry into the Community. The competent authority may issue a passport to animals from another Member State under the same conditions. In such cases, the passport accompanying the animal on its arrival shall be surrendered to the competent authority which shall return it to the issuing Member State.

(Amendment 29)

Article 7(1), second indent

>Original text>

- report to the competent authority all movements to and from the holding and all births and deaths of animals on the holding, along with the dates of these events within three working days of the event occurring,

>Text following EP vote>

- report to the competent authority all movements to and from the holding and all births and deaths of animals on the holding, along with the dates of these events within 30 working days of the event occurring,

(Amendment 30)

Article 9, introduction

>Original text>

The Commission shall adopt detailed rules for the application of this Regulation in accordance with the procedure laid down in Article 13 of Regulation (EEC) No 729/70. These detailed rules shall cover in particular:

>Text following EP vote>

By 1 April 1997 at the latest, the Commission shall adopt detailed rules for the application of this Regulation in accordance with the procedure laid down in Article 13 of Regulation (EEC) No 729/70. These detailed rules shall cover in particular:

(Amendment 31)

Article 10, second paragraph

>Original text>

Any penalties imposed by the Member State on keepers shall be proportionate to the gravity of the breach. The penalties may involve, where justified, a restriction on movement of the animals to or from the keeper concerned.

>Text following EP vote>

Any penalties imposed by the Member State on keepers shall be proportionate to the gravity of the breach. The penalties may involve, where justified, a restriction on movement of the animals to or from the keeper concerned and, where applicable, partial or complete exclusion from Community aid schemes.

(Amendment 32)

Article 10a (new)

>Text following EP vote>

Article 10a

The Commission shall ensure, through ad hoc funding, that the technical facilities are harmonized for the complete development and operation of data bases in the Member States, particularly in those not having such facilities or where the existing facilities do not meet the requirements of this Regulation.

(Amendment 33)

Article 10b (new)

>Text following EP vote>

Article 10b

Each Member State shall submit an annual report to the Commission on the implementation of this Regulation, the first of these reports to be submitted by 1 July 1998. The Commission shall communicate a summary report to the European Parliament.

(Amendment 34)

Article 12, second paragraph

>Original text>

It shall apply from 1 January 1997.

>Text following EP vote>

It shall apply from 1 July 1997.

Legislative resolution embodying Parliament's opinion on the proposal for a Council Regulation establishing a system for the identification and registration of bovine animals (COM(96)0460 - C4-0545/96 - 96/0228(CNS))

(Consultation procedure: first reading)

The European Parliament,

- having regard to the Commission proposal to the Council, COM(96)0460 - 96/0228(CNS) ((OJ C 349, 20.11.1996, p. 10.)),

- having been consulted by the Council pursuant to Article 43 of the EC Treaty (C4-0545/96),

- having regard to Rule 58 of its Rules of Procedure,

- having regard to the report of the Committee on Agriculture and Rural Development and the opinions of the Committee on the Environment, Public Health and Consumer Protection and the Committee on Budgetary Control (A4- 0022/97),

1. Approves the Commission proposal, subject to Parliament's amendments;

2. Calls on the Council to notify Parliament should it intend to depart from the text approved by Parliament;

3. Asks to be consulted again should the Council intend to make substantial modifications to the Commission proposal;

4. Instructs its President to forward this opinion to the Council and Commission.