PROPOSAL FOR A COUNCIL DIRECTIVE AMENDING DIRECTIVE 64/432/EEC AS REGARDS ENZOOTIC BOVINE LEUKOSIS
Date: 1989-12-20
Institutions: European Commission
Subjects: animal leucosis, cattle, decontamination, fact-finding mission, intra-EU trade, veterinary inspection

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) 

<&  •  J 

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. 

A PTI C LE  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; 

^ 

-  5 -

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 

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ISBN 92-77-56124-6 

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