Opinion on the proposal for a Council Directive laying down the principles relating to the zootechnical and genealogical conditions applicable to imports from third countries of animals, their semen, ovules and embryos (1) (94/C 127/03)

On 15 November 1993 the Council decided to consult the Economic and Social Committee, under Articles 43 and 198 of the Treaty establishing the European Community, on the abovementioned proposal.

The Section for Agriculture and Fisheries, which was responsible for preparing the Committee's work on the subject, adopted its Opinion on 6 January 1994. The Rapporteur was Mr Proumens.

At its 312th Plenary Session (meeting of 26 January 1994), the Economic and Social Committee adopted the following Opinion unanimously.

The Committee approves the proposal, but would ask the Commission to take the following comments and suggestions into consideration.

1. General observations

1.1. The aim of this proposal is to establish zootechnical and genealogical rules for imports from third countries similar to those applied within the Community.

1.2. It covers all pure-bred breeding animals, in particular:

- animals of the bovine species;

- animals of the ovine species;

- equidae;

- poultry;

- domestic animals.

1.2.1. It should, however, be noted that as far as the porcine species is concerned, the proposal also covers hybrids.

1.2.2. In addition, the semen, ovules and embryos of these species are covered.

1.3. The proposal provides for the establishment of third country authorities, prescribes a genealogical and zootechnical certificate and lays down the conditions relating to entry or registration in a herd book or register.

1.4. The underlying purpose is to ensure that livestock rearing is of a high quality, pure-breds in particular (hybrid pigs being an obvious exception).

1.4.1. It is also worth pointing out that exports of animals which meet the criteria are subject to considerably lower customs duties.

1.5. In this connection the Committee has learnt that there is a growing illegal trade, whereby the animals covered by this proposal are imported from certain Eastern European countries into the Community at the reduced rates of duty and then sent for slaughter.

1.5.1. The Committee calls on the Commission to ensure that stricter control measures are established and that the Member States are encouraged to penalize such practices severely.

2. Specific observations

2.1. The third countries in question are those already approved - from the veterinary point of view - as exporters of slaughter and breeding animals.

2.2. Animals and species not included in Community registers will not be accepted by the Standing Committee on Zootechnics as breeding animals.

2.3. If a third country wishes to export such animals it may do so only if this species is accepted, after meeting the necessary conditions, in the register of one or more Member States.

2.4. The conditions required of third countries under this proposal will be checked by experts designated by the Commission which will meet the costs of this inspection procedure.

2.5. The Committee has noted that the Standing Committee on Zootechnics is made up of officials competent in stock farming matters from each of the Member States who may be assisted by experts of their choice. (In the case of equidae, some Member States send officials who are responsible for stud farms).

3. Specific comments

3.1. The list of countries approved from the veterinary point of view (point 2.1) has been published in Official Journal L201/28 of 11 August 1993.

3.2. In the case of the private undertakings referred to in Article 2, this provision is aimed solely at breeders of hybrid pigs.

3.3. As regards the methods for assessing the genetic value of animals, it should be pointed out that the Commission proposes to draw up a Directive on genetically modified animals.

3.3.1. In view of the importance of the subject, the Committee would like to see this Directive published as soon as possible.

3.4. So as not to harm breeders in the Member States, the Committee urges that third countries should have to indicate clearly and precisely if the animals exported under this proposal have been treated with hormones (natural or synthetic), even if the latter are authorized in the exporting countries, or if somatotropin is used regularly for dairy stock. These methods could in fact mask a poor genetic value.

3.4.1. Even if these methods are not used, it would still be desirable for this to be stated expressly.

3.5. The Committee is concerned over the opportunities for fraud or misuse with regard to semen, ovules and embryos exported to the Community.

3.5.1. The Commission should provide for additional safeguards, e.g. through systematic, regular visits by Community veterinarians to third countries.

3.5.2. Furthermore, methods should be found of monitoring these ovules, semen and embryos, thus guaranteeing the identity of the animals, e.g. by setting up an ad hoc 'bank' or by a marking system as already used in intra-Community trade.

3.6. As regards the evidence of future entry into a herd book (Article 4, 3rd indent), this evidence could take the form of an attestation from the herd book, which would be informed prior to the import of the animals, semen, ovules or embryos, certifying that they will be entered into the book as soon as they are imported into Community territory.

3.7. The Committee is surprised that reciprocity clauses have not been drawn up with third countries ensuring that Community breeders can export to these third countries under similar conditions.

3.7.1. It goes without saying, however, that breeders' rights, the results of work sometimes going back several generations, must not be jeopardized as a result of such reciprocity.

3.8. The Committee would like the Commission's assurance that all the genealogical and zootechnical data will actually be complete and comparable.

3.9. The terms 'entry' and 'registration' are used depending on each Member State's own rules and do not affect the procedure.

4. Additional comment

4.1. The genealogical conditions include the idea of the 'cradle of the race' which sometimes raises problems.

4.1.1. This applies particularly to Lippizaner horses which are claimed by several countries (Italy - Austria - Hungary - Slovenia). This is not the case with other horse breeds of the barock type (Andalusian and Lusitanian).

4.1.2. It would be advisable for the Commission to clarify recognition of this breed in the context of its relations with the third countries.

Done at Brussels, 26 January 1994.

The Chairman

of the Economic and Social Committee

Susanne TIEMANN

(1) OJ No C 306, 12. 11. 1993, p. 11.