<& • J COMMISSION OF THE EUROPEAN COMMUNITIES 
C0MC89) 652 final 
Brussels, 20 December 1989 
Proposal for a 
Council Directive 
amending Directive 64/432/EEC as regards enzootic bovine leukosis 
(presented by the Commission) 
C*vu ^-ft 
EXPLANATORY MEMORANDUM 
Enzootic bovine leukosis Is cancer of the white cells of the blood of 
cattle. It Is caused by a virus and may be a serious source of loss to 
owners in herds where the disease has.become established. 
Many infected Member States have established National eradication 
programmes and in fact some have nearly finished. 
From 1 July 1990 Intra-Community trade In certain types of bovine 
animals intended for breeding or production will be restricted to herds 
that are enzootic leukosis free as defined, or which come from E.B.L. 
free Member States or regions, which this proposal defines. 
Article 4 of Council Directive 88/406/EEC which amends Council 
Directive 64/432/EEC as regards enzootic bovine leukosis requires that 
the Commission makes a proposal to lay down the cirterla permitting a 
Member State or region to be recognized as being free from enzootic 
bovine leukosis and the conditions to be Implemented to guarantee the 
maintenance of such status, as well as the rules applicable to trade 
from enzootic bovine leukosis free regions or Member States, the 
attached Is designed to accomplish this. 
The rules for Intra-Community trade from E.B.L. free herds, regions and 
Member States will now be the same for all these situations, I.e. a 
negative test 30 days before loading. However, It Is Intended to review 
these rules at a later date. 
In addition, it Is proposed to modify the provisions concerning the 
delegation of competence by the Council to the Commission by deleting 
the "contre-fI let" clause In the Regulatory Committee procedure. 
There are no financial repercussions on the Community budget Involved. 
Proposal 
for a 
CounclI Directive 
amending Directive 64/432/EEC as regards enzootic bovine leukosis 
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, 
Having regard to the opinion of the European Parliament, 
Having regard to the opinion of the Economic and Social Committee, 
Whereas Council Directive 88/406/EEC(1>, which amends Council 
Directive 64/432/EEC of 26 June 1964 on animal health problems 
affecting intra-Communlty trade in bovine animals and swine*2), as 
last amended by Directive 89/360/EEC^3^, lays down common health 
guarantees regarding enzootic bovine leukosis as applicable to certain 
categories of bovine animals Intended for Intra-Community trade which 
will apply from 1 July 199U; 
Whereas Article 4 of Directive 88/406/EEC requires that proposals be 
made to lay down the criteria permitting a Member State or part of the 
territory of a Member State to be recognized as being free from 
enzootic bovine leukosis and the conditions to be Implemented to 
guarantee the maintenance of such status, as well as the rules 
applicable to trade from such areas; 
.../... 
<1> O.J. N# L 194, 22.07.1988. p. 1 
<2> O.J. N# 121, 29.07.1964, p. 1977/64 
<3) o.J. N* L 153. 06.06.1989, p. 29 
2 -
Whereas from surveys carried out to dato it would appear that certain 
Member States and regions are free of enzootic bovine leukosis and 
whereas it is necessary to define, on a ComiTiunl ty basis, how these 
areas shall be established and the conditions under which they thai I be 
maintained as being free of enzootic bovine leukosis and the conditions 
in relation to trade, 
Whereas the conditions relating to trade will now be the same for 
bovines coming from enzootic bovine leukosis free herds, Memcer States 
and regions; whereas, however, it is intended to review these rules at 
a Later date, 
HAS ADOPTED THIS DIRECTIVE: 
ARTiCLS 1 
Directive 64/432/EEC is hereby amended as follows: 
1. Art icle 2 (S) is replaced by the follow in::: 
"(s) 'Enzootic bovine leukosis free herd' means: 
a herd which satisfies the conditions laid down in points A or B 
of Chapter I of Annex G" 
2. At the end of Article 12 the words "save where the Council has 
decided by a s impie majority against the a 3 measures" are deleted. 
3. At the end of Article 13 the words ."s.v-. e v; !•*.-•. re the Cornell haz 
decided by a simple majority against the;.:, msusure-o" are deleted. 
4. The existing Annex G becomes Chapter II of Annex G. 
5. The Annex to this Directive is inserted as Chapter I of Annex G. 
../... 4 
ART i CL. F ? 
Member States shall bring ir.to f'orcj ;.;•/ !:.vs, r -J-JU ! a * ioric and 
administrative provisions necessary to co;,;:..:, wi:i-, this Directive.- not 
later than 1 July 19S0. They shali for wi":v;i (.h I'ir'orm the Cv.i.Vils^lon 
thereof. 
The provisions adopted pursuant to the first paragraph shall make express 
reference to this Directive. 
APTICLE 3 
This Directive Is addressed to the Member States. 
Done at Brussels, 
For the Council 
The President 
ANNEX 
"Chapter I 
Enzootic Bovine Leukosis free herds, Member States and regions 
A. .Enzootic bovine leukosis free herd means a herd in which: 
(I) there Is no evidence, either clinical or as a result of 
tests carried out in accordance with Chapter II of any 
case of enzootic bovine leukosis nor has any such case 
been confirmed In the previous two years; 
(II) the animals over 24 months of age have, during the 
previous 12 months, reacted negatively to two tests 
carried out in accordance with Chapter I I , at Intervals of 
at least four months or, In the case of a herd which has 
already satisfied that requirement, have reacted 
negatively to a single test carried out In accordance with 
Chapter 11 ; 
(III) from the date of the first Inspection, there are only 
animals born In the herd, or which have come from an 
enzootic bovine leukosis free herd. 
B. 1. As and from the 1st April 1990 a herd may also be considered 
as enzootic bovine leukosis free if it Is situated within a 
Member State or region of a Member States which has been 
declared as enzootic bovine leukosis free under the procedure 
laid down In Article 12 on the basis of the following 
conditions: 
a) during the proceeding 2 years all bovine animals over 2 
years of age, In a random sample of at least 20% of the 
holdings In which cows are habitually kept, In the 
national or regional herd, must have reacted negatively to 
a test carried out in accordance with Chapter 11 of this 
Annex ; 
b) all tumors In the organs and the lymphatic system of 
bovines must be notified and must be examined 
histologically by a veterinary laboratory which Is 
directly supervised by a laboratory mentioned In Chapter 
II and during the proceeding 3 years this procedure must 
jsmon-tratc that no lymphatic tumour has been caused by 
Infection with bovln-3 leukaemia virus; ^ 
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c) the results of surveys previously carried out in the area 
concerned in respect of enzootic bovine leukosis shall be 
presented to the Commission. These surveys, based'on tests 
carried out on milk or blood and on tumour classification, 
must demonstrate, without prejudice to paragraphs a) and 
b), that when cases have been Identified, that , they have 
been related to specific circumstances and that 
appropriate measures have been taken to ensure that they 
no longer pose a threat to the National or regional herd. 
The status of the herds within the qualified areas shall 
continue to be maintained provided that the conditions 
continue to be fulfilled. Should a case of enzootic bovine 
leukosis be diagnosed during the course of these monitoring 
procedures the status of the Member State or region shall be 
Immediately 'withdrawn. The Member State concerned must 
immediately Inform the Commission and the other Member 
States. 
The matter shall be referred to the Standjng Veterinary 
Committee who shall assess the circumstances of the outbreak 
and the Commission shall, under the procedure laid down In 
Article 12, if the situation justifies it, lay down the 
conditions under which the status may be regained." 
t 
COMPETITIVENESS AND EMPLOYMENT IMPACT STATEMENT 
What is the main reason for Introducing the measure? 
To allow bovine herds In Member States or regions to be declared 
as enzootic bovine leukosis free by teslng a random percentage of 
20% of the herds. 
!. Features of the businesses in question. In particular: 
a) Are they many SMEs? 
if farms are SMEs, then the answer is yes. 
b) Are they concentrated in regions which are: 
i. eligible for regional aid in the Member States? 
Some are. 
II. eligible under the ERDF? 
Yes. 
II. What direct obligations does this measure Impose on businesses? 
None. 
IV. What indirect obligations are local authorities likely to Impose 
on businesses? 
None . 
v. Are there any special measures in respect of SMEs? Please 
spec i fy . 
No. 
vi. What is the likely effect on: 
a) the competitiveness of businesses? 
it will improve the competitiveness of farms 
'b) empIoyment? 
May increase it slightly. 
VII. Have both sides of industry been consulted? Please indicate their 
op i n ions 
Not necessary. 
ISSN 0254-3.475 
COM(89) 652 final 
DOCUMENT 
EN 03 
Catalogue number : CB-CO-89-610-EN-C 
ISBN 92-77-56124-6 
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