PROPOSAL FOR A COUNCIL DIRECTIVE ON THE APPROVAL FOR BREEDING OF PURE-BRED BREEDING PIGS
Date: 1989-10-16
Institutions: European Commission
Subjects: animal breeding, intra-EU trade, product quality, swine

COMMISSION  OF  THE  EUROPEAN  COMMUNITIES 

C0IK89)  485  f i n al 

Brussels,  16  October  1989 

Proposal  f or  a 

COUNCIL  DIRECTIVE 

on  the  approval  f or  breeding  of  pure-bred  breeding  pigs 

Proposal  f or  a 

COUNCIL  DIRECTIVE 

on  the  approval  f or  breeding  of  hybrid  breeding  pigs 

(presented  by  the  Commission) 

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EXPLANATORY  MEMORANDUM 

Directive 88/661/EEC laid the groundwork for a gradual liberalization of 

intra-Community trade in breeding pigs. 

In this respect, Articles 3 and 8 of the Directive provide for a further stage 

(to be completed by 31 December 1990), namely the adoption of Community 

provisions for the approval of pure-bred and hybrid breeding pigs for breeding 

The purpose of the first proposal herewith is to remove all restrictions on 

the approval of pure-bred breeding female pigs for breeding, the use of their 

ova and embryos and breeding male pigs for natural service.  In the case of 

artificial insemination it liberalizes trade subject to the mutual recognition 

of tests to monitor preformance or assess genetic value and the use of 

recognized personnel.  In the event of a dispute regarding the interpretation 

of the tests, however, the opinion of an expert may be sought. 

The second proposal removes all restrictions on the approval for breeding of 

all hybrid breeding pigs and on the use of their semen, ova or embryos. 

Proposal for a 

COUNCIL DIRECTIVE 

on the approval for breeding of pure-bred breeding pigs 

THE COUNCIL OF THE EUROPEAN COMMUNITIES, 

Having regard to the Treaty establishing the European Economic Community, 

Having regard to Council Directive 88/661/EEC of 19 December 1988 on the 

zootechnical standards applicable to breeding animals of the porcine 

species 

and in particular Article 3 thereof, 

Having regard to the proposal from the Commission, 

Whereas Directive 88/661/EEC was particularly intended gradually to liberalize 

intra-Community trade in pure-bred breeding pigs; whereas, for this purpose, 

additional harmonization with regard to the acceptance of such animals for 

breeding purposes is necessary; 

Whereas the provisions concerning acceptance for breeding  relate both to 

animals as well as their semen, ova and embryos; 

Whereas, in this respect, it is necessary to prevent national provisions 

relating to the acceptance for breeding purposes of pure-bred breeding pigs 

and their semen, ova and embryos from constituting a prohibition or  restriction 

of intra-Community trade or an obstacle thereto either  in the case of natural 

service, artificial insemination or the taking of ova or embryos; 

Whereas pure-bred female pigs, their ova and embryos should be subject to 

no prohibition, restriction or obstacle in connection with breeding; 

(1) OJ No L 382, 31.12.1988, p. 36. 

O 

- 2 -

Whereas artificial insemination constitutes an important technique for 

increasing the use of the best breeders and, hence, for improving the porcine 

species; whereas in so doing, however, any impairment of the pedigree must be 

avoided, particularly with regard to male breeders, which must possess all 

guarantees of their genetic value and of their freedom from hereditary defects; 

Whereas it is necessary to make a distinction between the acceptance for 

artificial insemination of pure-bred breeding pigs and their semen which have 

undergone all the official tests laid down for their breed in a Member State 

and the acceptance of them solely for the purposes of testing; 

Whereas it is useful to establish a procedure for solving, in particular, 

disputes that may arise in the assessment of the results of tests; 

Whereas the provision that semen, ova and embryos must be manipulated by 

officially approved staff is capable of providing the guarantees necessary for 

attaining the desired end; 

Whereas in the light of particular conditions currently existing in Spain and 

Portugal it is necessary to provide for a longer period for the implementation 

of this Directive in those Member States, 

HAS ADOPTED THIS DIRECTIVE : 

Article 1 

Member States shall ensure that, without prejudice to animal health rules, 

there is no prohibition or restriction of or obstacle to : 

- the acceptance of pure-bred breeding female pigs for breeding, 

- the acceptance of pure-bred breeding male pigs for natural service, 

- the use of ova and embryos from pure-bred breeding female pigs. 

-  3 -

Article  2 

1. A Member  State may not  prohibit,  restrict  or  impede : 

- the acceptance  for  official  testing  of  pure-bred  breeding  male  pigs or 

the use of  their  semen within  the quantitative  limits necessary  for  the 

tests for  monitoring  their  performance  and  assessing  their  genetic  value 

to be carried  out, 

-  the acceptance  for artificial  insemination  within  its territory  of 

pure-bred  breeding male  pigs or the use of  their  semen when  those  animals 

have been accepted  for artificial  insemination  in a Member  State on the 

basis of the test  for monitoring  their performance  and  assessing  their 

genetic  value. 

2. Where  implementation  of the provisions  of paragraph  1  would  give rise to 

disputes, particularly with regard  to  interpretation  of the tests, 

operators  shall have the right  to seek the opinion  of an expert. 

In the light of  the expert's  opinion, measures may  be adopted  at the 

request  of a Member  State  in accordance with  the procedure  laid down  in 

Article  5. 

3. The general rules  for  implementing  paragraph  2 shall, where  necessary,  be 

adopted  in accordance with  the procedure  set  out  in Article  5. 

Article 3 

Member  States  shall ensure that, for marketing,  the  semen, ova  and  embryos  are 

collected, treated and stored by anof f icially approved centre or officially approved staff 

Article A 

The Commission  shall be assisted  by the Standing  Committee  on  Zootechnics, 

hereinafter  "the Committee'*, set  up by Council Decision  77/505/EEC 

. 

(1) OJ No L 206, 12.08.1977, p. 11 

S 

-  4 -

Article 5 

Where  reference  is made  to the procedure  laid  down  in this Article  the 

provisions  set out below shall  apply. 

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,  if necessary  by taking  a vote. 

The opinion  shall be recorded  in the minutes;  in addition,  each Member  State 

shall have the right  to ask to have  its position  recorded  in the minutes. 

The Commission  shall take the utmost  account  of  the opinion  delivered  by the 

Committee.  It  shall  inform  the Committee  of  the manner  in which  its opinion 

has been  taken  into  account. 

Article 6 

1. Member  States  shall bring  into force  the  laws, regulations  and  administrative 

provisions necessary  to comply  with  this Directive by 1 January  1991.  They 

shall forthwith  inform  the Commission  thereof. 

However, Spain  and  Portugal  shall  have an additional  period  of  time of  two 

years within  which  to comply  with  this  Directive. 

2. The provisions  adopted  pursuant  to the first  paragraph  shall make  express 

reference  to this Directive. 

This Directive  is addressed  to the Member  States. 

Article 7 

Done at Brussels 

Foe the Council 

The  President 

Proposal  for a 

COUNCIL  DIRECTIVE 

on the  approval  for breeding  of hybrid  breeding  pigs 

THE COUNCIL OF THE EUROPEAN  COMMUNITIES, 

Having  regard  to the Treaty  establishing  the European  Economic  Community, 

Having  regard  to Council Directive  88/661/EEC of 19 December  1988 on the 

zootechnical  standards  applicable  to breeding  animals  of  the  porcine 

species 

and  in particular  Article  8 thereof, 

Having  regard  to the proposal  from the  Commission, 

Whereas  Directive  88/661/EEC was  particularly  intended  gradually  to  liberalize 

intra-Community  trade  in hybrid  breeding  pigs; whereas,  for  this  purpose, 

additional harmonization  with  regard  to the acceptance  of  such  animals, for 

breeding  purposes,  is  necessary; 

Whereas  the provisions  concerning  acceptance  for  breeding  relate both to 

animals as well as their  semen, ova  and  embryos; 

Whereas,  in this respect,  it  is necessary  to prevent  national  provisions 

relating  to the acceptance  for breeding  purposes  of hybrid  breeding  pigs  and 

their  semen, ova and embryos  from constituting  a prohibition  or  restriction 

of  intra-Community  trade or an obstacle  thereto; 

Whereas  female and  male  hybrid  breeding  pigs, their  semen, ova  and  embryos 

should be subject  to no prohibition,  restriction  or obstacle  in  connection 

with  breeding; 

(1) OJ No L 382, 31.12.1988, p. 36. 

1-

-  2 -

Whereas  the provision  that  semen, ova  and  embryos  must  be manipulated  by 

officially  approved  staff  is capable  of  providing  the  guarantees 

necessary  for attaining  the desired  end; 

Whereas  in the light  of particular  conditions  currently  existing  in Spain  and 

Portugal  it is necessary  to provide for  a  longer period  for  the  implementation 

of  this Directive  in those Member  States, 

HAD ADOPTED THIS DIRECTIVE : 

Article 1 

Member  States  shall ensure  that, without  prejudice  to animal  health  rules 

there  is no prohibition  or  restriction of or obstacle  to  : 

-  the acceptance of hybrid  breeding  female  pigs  for  breeding, 

-  the acceptance of hybrid  breeding male  pigs  for natural  service, 

-  the acceptance  for artificial  insemination  of  hybrid  breeding  male pigs  whose 

line has been tested  for monitoring  performance  and  assessing  its genetic 

value, 

-  the use of the semen of the animals  referred  to  in the  third  indent, 

-  the acceptance, for official  testing, of hybrid  breeding male  pigs or the 

use of the semen of such pigs within quantitative limits necessary for the tests for 

monitoring thei r performance and assessing thei r genetic value to be carried out, 

-  the use of ova and embryos  from hybrid  breeding  female pigs. 

Article  2 

Member  States  shall ensure  that, for marketing,  the  semen, ova  and  embryos  are 

collected, treated and stored by an off icially approved centre or officially approved staff 

Article  3 

1. Member  States  shall  bring  into force  the  laws, regulations  and  administrative 

provisions necessary  to comply with  this Directive  by  1 January  1991.  They 

shall forthwith  inform  the Commission  thereof. 

-  3  -

However,  Spain  and  Portugal  s h a ll  have  an  a d d i t i o n al  period  of  time  of  two 

years  w i t h in  which  to  comply  with  t h is  D i r e c t i v e. 

2.  The  provisions  adopted  pursuant  to  the  f i r st  paragraph  s h a ll  make  express 

reference  to  t h is  D i r e c t i v e. 

This  Directive  is addressed  to the Member  States 

A r t i c le  4 

Done at Brussels 

For  the  Council 
The  President 

( i 

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