Proposal for a European Parliament and Council Directive amending Council Directive 97/12/EC of 17 March 1997 amending and updating Directive 64/432/EEC on health problems affecting intra-Community trade in bovine animals and swine
Date: 1998-06-02
Institutions: European Commission
Subjects: animal disease, cattle, health control, intra-EU trade, swine

COMMISSION OF THE EUROPEAN  COMMUNITIES 

Brussels, 02,06.1998 
COM(1998) 338  final 

98/0194(COD) 

Proposal for a 

European Parliament and Council Directive 

amending Council Directive 97/12/EC of 17 March  1997 amending and updating  Directive 

64/432/EEC on health problems affecting intra-Community trade in bovine animals and 

swine 

(presented by the Commission) 

EXPLANATORY  MEMORANDUM 

Council  Directive  64/432/EEC 

from  26  June  1964  on  health  problems  affecting 

intra-

Community  trade  in  bovine  animals  and  swine1  has  recently  been  amended  and  updated  by 

Directive  97/12/EC2.  Article  16,  1(a)  of  the  updated  Directive  requested  the  Commission  to 

make  proposals  to  adapt Annexes  A,  D (Chapter  I) and  F with  particular  regard to  technological 

and  scientific  developments.  The  requested  proposaP  was  submitted  to  the  Council  in  July 

1997  to  enable  the  Council  to  decide  on  the  proposal  by  a  qualified  majority  before  1  January 

1998  as  indicated  in Article  16 (1)(a). 

The  timetable  provided  for  by  Council  Directive  97/12/EC  concerning  the  decision-making 

process  related  to  the  adoption  of  amendments  has  been  difficult  to  adhere  to  due  to  an  in-

depth  examination  and thorough  deliberation  of technical  issues. 

The  objective  of  this  proposal  is  to  allow  adequate  time  for  transposing  the  new  rules  for 

monitoring  and  surveillance  of  bovine  tuberculosis,  bovine  brucellosis  and  enzootic  bovine 

leukosis. 

OJ No 121, 29.07.1964, p. 1977/64 
OJ No L 109, 25.04.1997, p.1 
COM (97) 404 final 

L 

Proposal for a 

European Parliament  and Council Directive 

amending  Council  Directive 97/12/EC of 17 March  1997 amending and updating  Directive 

64/432/EEC  on health problems affecting intra-Community trade in bovine animals  and 

swine 

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION 

Having regard to the Treaty establishing the European Community, and in particular  the 

Articles 43  and  100A thereof, 

Having  regard to the proposal from the Commission, 

Having  regard to the opinion of the Economic and Social Committee, 

Acting  in accordance  with the procedure  laid down in Article  189B of the Treaty1 

Whereas  rules  concerning the trade  in bovine and porcine species  have implications for  the 

protection  of public health, animal health and the functioning of the internal market,  Articles 

100A and 43 of the Treaty  should be taken as legal bases; 

Whereas the  adoption of Council Directive 97/12/EC of  17 March  1997 amending  and 

updating  Directive 64/432/EEC  on health problems affecting  intra-Community  trade  in bovine 
animals  and swine2 provided an improved legal basis for implementation of measures  to 

prevent  spread of animal diseases  via trade in live bovine animals  and swine; 

Whereas  the  provisions  of Council  Directive 97/12/EC contained special requirements  for 

further  updating  of the criteria for defining the health status of animal populations  at herd. 

Opinion  of the European  Parliament (OJ No C ....  of 
Opinion of the Council (OJ No C ...  of 
Decision  of the European  Parliament of 
Council  Decision of 
OJ  NoL  109, 25.04.1997, p.1 

) 

) 

region and Member  State level as regards bovine tuberculosis, bovine brucellosis  and 

enzootic  bovine  leukosis; whereas the updating of these criteria should, based on a  proposal 

submitted to the Council before July  1997, be decided before  1 January  1998 

Whereas  the review  carried out by the Council of diagnostic  procedures  of importance  for 

implementation  of effective  surveillance  and monitoring programmes for  bovine  tuberculosis, 

bovine brucellosis  and enzootic  bovine leukosis included in-depth examination  of  laboratory 

testing  methods  and resulted  in time-consuming  deliberations; 

Whereas the changes  required for updated monitoring and surveillance  programmes  cannot 

be implemented  in the field at short notice; 

Whereas  it is necessary,  in the light of this situation, to amend Council Directive 97/12/EC in 

particular  as regards the period made available for Member States to transpose  and 

introduce  new rules for disease  monitoring and surveillance; 

HAS ADOPTED  THIS  DIRECTIVE: 

Article 1 

In Council Directive  97/12/EC, Article  1 is replaced by the following text: 

"Article 1 

As  from  1  July  1998  the  Articles  and  as  from  1  January  1999  the  Annexes  to 

Directive 64/432/EEC  are replaced by the text annexed to this  Directive." 

Article 2 

1. 

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

provisions  necessary  to comply with this Directive not later than  1 July  1998.  They 

shall forthwith inform the Commission  thereof. 

H 

When  Member  States adopt these measures, they shall contain a reference to this 

Directive or shall be accompanied by such a reference on the occasion of their  official 

publication.  The methods of making such a reference shall be laid down by the 

Member  States. 

2. 

Member  States shall communicate to the Commission the texts of the  main 

provisions  of domestic law which they adopt in the field governed by this  Directive. 

Article 3 

The  Directive  shall  enter  into  force  on the  day  of  its  publication  in the Official  Journal  of  the 

European  Communities. 

Article 4 

This  Directive is addressed to the Member States. 

Done at Brussels,. 

For the Council 

The President 

x 

ISSN 0254-1475 

COM(98) 338  final 

DOCUMENTS 

EN 

03  02  05  15 

Catalogue  number  :  CB-CO-98-368-EN-C 

ISBN 92-78-36994-2 

Office  for Official  Publications of the European Communities 

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