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
Date: 1993-10-18
Institutions: European Commission
Subjects: animal breeding, breeding animal, import, third country, veterinary inspection

COMMISSION  OF  THE  EUROPEAN  COMVIUNITIES 

COM(93) 497 final 

Brussels,  18 October  1993 

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Proposal  for a 

COUNCIL  DIRECTIVE 

laying down  the principles relating  to the  zootechnica 

and genealogical  conditions applicable to  imports 

from  third countries of animals, their  semen, ovules 

and  embryos 

i 

(presented  by  the Commission) 

EXPLANATORY  MEMORANDUM 

In connection with  harmonizing  zootechnical  and genealogical  rules, the 

Council  has adopted: 

Directive 77/504/EEC on pure-bred  breeding  animals of  the bovine 

species.1 

Directive 88/661/EEC on  the zootechnical  standards  applicable to 

breeding  animals of  the porcine species.2 

Directive 89/361/EEC concerning  pure-bred  breeding  sheep and goats.3 

Directive 90/427/EEC on  the zootechnical  and genealogical  conditions 

governing  intra-Community  trade  in equidae.4 

Directive 91/174/EEC  laying down zootechnical  and pedigree  requirements 

for  the marketing of pure-bred  animals and  amending 

Directives 77/504/EEC  and 90/425/EEC.5 

These  rules are valid  solely  in respect  of  intra-Community  trade or  for  the 

marketing of  these animals on Community  territory. 

With  a view  to harmonizing  import  rules, principles  need  to be  laid down at 

Community  level  relating  to the zootechnical  and genealogical  conditions 

applicable  to  imports of  these animals, their  semen, ovules and embryos. 

These  imports will  have  to be subject  to similar  requirements  to those 

which  apply  in respect  of Community  production. 

Provision  is made  in particular  for: 

the establishment  of  approved  third  country  authorities, 

the requirement  of a genealogical  and  zootechnical  certificate, 

conditions relating  to entry or  registration  in a herd  book or 

register. 

Tne rules  in Directives 91/496/EEC6 and 90/675/EEC7 will  be applicable as 

égards  inspection. 

1  Go No L 206 of  12.8.1977, p. 8. 
2  0J No L 382 of 31.12.1988, p. 36. 
3  0J No L 153 of 6.6.1989,  p. 30. 
4 
5 
6 
7 

0J No L 224 of  18.8.1990, p. 55. 
0J No L 85 of  5.4.1991, p. 37. 
0J No L 268 of 24.9.1991, p. 56. 
0J No L 373 of  31.12.1990, p. 1. 

The purpose of  the proposed nsgasure  it to  lay down  the principes  go e". =^ 

imports of pure-bred  animals  into the Community. This has already  been den» 

for  intra-Community trade. 

By virtue of  the objectives of  the proposed measure, which  form part of  the 

single market, the Community  has exclusive  responsibility  for  the measure. 

To comply with  the objectives of  the measure, rules need  to be adopted, 

setting out  the general  objectives,  in the form of a Directive. 

Implementation will  be a matter  for  the Member  States, without  prejudice  to 

the adoption of  rules of application by  the Commission  in accordance with 

the advisory  committee procedure  (procedure 1 ). 

-  2> -

Proposal 

for a 

CounciI  Direct ive 

laying down  the principles relating  to the  zootechnica 

and genealogical  conditions applicable to  imports 

from  third countries of animals, their  semen, ovules 

and  embryos 

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  the rearing of pure-bred  animals  is generally  part of normal 

farming activities; whereas  they constitute a source of  income  for a 

proportion of  the farming population; 

Whereas pure-bred  animals, as  live animals, are  included  in the  list  in 

Annex  II to the Treaty; 

Whereas as far as all  animals, and particularly  as far  as the bovine, 

porcine, ovine, caprine species and equidae, are concerned, rules 

harmonized  at Community  level  relating to the zootechnical  and genealogica 

conditions governing  intra-Community  trade or  their marketing have been 

drawn up; 

LL -
I 

Whereas,  in this context, the Council  has adopted  Directive ~:"7/£0*;/E'-X  c 

pure-bred  breeding animais o-  the bovine  species1,  last amen?o. by 

Directive 91/174/EEC5, Directive 80/6G1/EEC on  the zootechnical  standard; 

applicable to br-eding animais of  the porcine species2, DirscUve 

89/361/EEC concerning  pure-bred  bre6ding  sheep and goats'', Directive 

S0/427/EEC on  the zootechnical  and genealogical  conditions governing  intra-

Community  treds  in equidae4 and Directive 91/174/EEC  laying down 

zootechnical  and pedigree  requirements for  the marketing of  pure-bred 

animals and amending Directives 77/504/EEC and 90/425/EEC5; 

Whereas,  in order  especially  to ensure  rational  development  of  the rearing 

of pure-bred  livestock and  thus  inc ease productivity  in this sector, 

principles should  be  laid down at Community  level  relating  to the 

zootechnical  and genealogical  conditions applicable to the  importation of 

these animals from  third countries; 

Whereas  the Commission should be entrusted with  the responsibility of 

adopting  implementing measures  in certain  fields of a technical  nature, 

HAS ADOPTED THIS DIRECTIVE: 

Art icle 1 

1.  This Directive  lays down  the principles  relating  to the  zootechnical 

and genealogical  conditions applicable to  imports from  third  countries 

of animals, semen, ovules and embryos which  are covered by 

Directives 77/504/EEC, 88/661/EEC, 89/361/EEC, 90/427/EEC and 

91/174/EEC. 

2.  This Directive shall  apply without  prejudice  to the Community  animal 

health  rules applicable to  imports from  third countries of animals and 

products as referred  to  in paragraph  1. 

1  OJ No L 206 of  12.8.1977, p. 8. 
2 
3 
4 
5 

OJ No L 382 of  31.12.1988, p. 36 
0J No L 153 of 6.6.1989, p. 30.. 
OJ No L 224 of  18.8.1990, p. 55. 
OJ No L 85 of 5.4.1991, p. 37. 

- t> " 

Art icle  2 

1.  For  the  purposes  of  this  Directive,  "authorities"  means  any 

organization,  stockrearing  organization,  breeders'  association,  private 

undertaking  or  official  service  which  is permitted,  in  respect  of  the 

species  concerned,  to  keep  a  herd  book  or  register  in accordance  with 

the  relevant  provisions  of  Directives  77/504/EEC,  88/661/EEC, 

89/361/EEC,  90/427/EEC  and  91/174/EEC. 

2.  Furthermore,  the  definitions  in Article  2 of  Directives  77/504/EEC, 

88/661/EEC,  89/361/EEC,  90/427/EEC  and  91/174/EEC  shall  be  applicable 

if  necessary. 

Art icle  3 

1.  A  list  of  authorities  of  third  countries  approved  for  the  purposes  of 

this  Directive  shall  be  drawn  up,  in accordance  with  the  procedure  laid 

down  in Article  11,  in  respect  of  the  animals  and  products  referred  to 

in Article  1(1) and  for  each  third  country. 

2.  In order  to  appear  on  the  list  provided  for  in paragraph  1,  the  third 

country  authority  must: 

(a) appear  on  a  list  drawn  up  by  the  competent  authorities  of  the  third 

country  and  communicated  to  the  Commission; 

(b) comply,  in  the  case  of  each  species,  with  the  relevant  requirements 

laid  down  by  Community  legislation  for  authorities  approved  in  the 

Community  and  in  particular:: 

the  provisions  applicable  to entry  and  registration  in  herd 

books  or  registers, 

the  provisions  applicable  to  the  acceptance  of  animals  for 

breeding  purposes, 

the  provisions  applicable  to  the  use  of  semen,  ovules  and 

embryos  of  animals, 

the methods  used  to  check  performance  and  assess  the  genetic 

value  of  animals, 

(c) be  supervised  by  an  official  inspection  service  of  the  third 

country. 

Art icle 4 

To be  imported,  animals  as referred  to  in Article  1 must: 

be  entered  or  registered  in a herd  book  or  register  kept  by an 

authority  named  on a  list  as referred  to  in Article 3 ( 1 ), 

be  accompanied  by a pedigree  and zootechnical  certificate  to be  drawn 

up  in accordance  with  the procedure  laid  down  in Article 11, 

be  accompanied  by evidence  that  they  are going  to be entered or 

registered  in a Community  herd  book  or  register. 

'"• f':<^  "  '-•' '  - ' >JL  nc  t..u~  Article  grr  ' t ;  ^  *r. * *•.. .:. 

''.','••;.•'•"';' .)».•.'-•''' . -  jtfio' -^vy- 

"'wunity  »oVf-l  <.. 

To  be  imported,  semen  as referred  to  in Article  1 must: 

t h • 

come  from  an animal  which  is entered  or  registered  in a herd  book or 

register  kept  by an authority  shown  on one of the  lists  referred  to in 

Article  3(1); 

come  from  an animal  which  has undergone  the performance  checks and 

genetic  value  assessment  to be determined  in accordance  with the 

procedure  laid  down  in Article 11; 

be  accompanied  by a pedigree  and zootechnical  certificate  to be  drawn 

up  in accordance  with  the procedure  laid  down  in Article 11. 

Art icle 6 

To be  imported,  ovules  as referred  to  in Article  1 must: 

come  from  an animal  which  is entered  or  registered  in a herd  book or 

register  kept  by an authority  shown  on one of the  lists  referred  to in 

Article 3 ( 1 ); 

be  accompanied  by a pedigree  and zootechnical  certificate  to be  drawn 

up  in accordance  with  the procedure  laid  down  in Article 11. 

Article 7 

To be  imported, embryos  as referred  to  In Article  1 must: 

come from an animal  which  is entered or  registered  in a herd  book or 

register  kept  by an authority  shown on one of  the  lists referred  to in 

Article 3(1); 

be accompanied  by a pedigree and  zootechnical  certificate  to be drawn 

up  in accordance with  the procedure  laid down  in Article 11. 

Article 8 

1.  The provisions of Council  Directive 91/496/EEC of  15 July  1991  laying 

down  the principles  relating  to the organization of  veterinary 

inspections  for animals  from  third  countries and  amending 

Directives 89/662/EEC, 90/425/EEC  and 90/675/EEC1, as  last  amended by 

Directive 92/438/EEC2, shall  be applicable  in respect  of animals as 

referred  to  in Article 1(1). 

2.  The provisions of Council  Directive 90/675/EEC of  10 December  1990 

laying down principles  relating  to the organization of  veterinary 

checks  in respect  of products  from  third countries brought  into the 

Community3,  as  last amended  by Directive 92/438/EEC, shall  be 

applicable  in respect  of semen, ovules and embryos  as referred  to in 

Article 1(1). 

3.  If necessary, specific detailed  implementing  rules for  the purposes of 

the zootechnical  checks resulting  from  this Article shall  be adopted  in 

accordance with  the procedure  laid down  in Article 11. 

1  OJ No L 268 Of  24.9.1991, p. 56. 
2  OJ No L 243 Of 25.8.1992, p. 27. 
3  OJ  No L 373 of 31.12.1990, p. 1. 

-  s  -

Article  12 

Member  States shall  bring  into force the  laws, regulations and 

administrative provisions necessary  to comply  with  this Directive  no  later 

than  1 June  1994. They shall  notify  the Commission  thereof. 

When Member  States adopt  these provisions, they shall  contain a reference 

to this Directive or shall  be accompanied  by such  reference on  the occasion 

of  their official  publication. The methods of making  such a reference shall 

belaid down by  the Member  States. 

Article  13 

This Directive  is addressed  to the Member  States. 

Done at Brussels 

For  the Council 

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