Council Directive 98/99/EC of 14 December 1998 amending Directive 97/12/EC amending and updating Directive 64/432/EEC on health problems affecting intra-Community trade in bovine animals and swine
Date: 1998-12-14
Institutions: Council of the European Union
Subjects: cattle, exchange of information, health control, intra-EU trade, swine, veterinary legislation

31. 12. 98

EN

Official Journal of the European Communities

L 358/107

COUNCIL DIRECTIVE 98/99/EC

of 14 December 1998

amending Directive 97/12/EC amending and updating Directive 64/432/EEC on
health problems affecting intra-Community trade in bovine animals and swine

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European
Community, and in particular Article 43 thereof,

Having regard to the proposal from the Commission (1),

Having regard to the opinion of the European Parlia-
ment (2),

Having regard to the opinion of the Economic and Social
Committee (3),

Whereas the adoption of Directive 97/12/EC (4) provided
an improved legal basis for implementation of measures
to prevent spread of animal diseases via trade in live
bovine animals and swine;

Whereas Directive 97/12/EC contained special require-
ments for further updating of the criteria for defining the
health status of animal populations at herd, region and
Member State level as regards bovine tuberculosis, bovine
brucellosis and enzootic bovine leucosis; whereas the
updating of these criteria should, based on a proposal
submitted to the Council before July 1997, have been
decided before 1 January 1998;

Whereas the review carried out by the Council of diag-
nostic procedures of most importance for implementation
of effective surveillance and monitoring programmes for
bovine tuberculosis, bovine brucellosis and enzootic
bovine leucosis included in-depth examination of labora-
tory testing methods and resulted in time-consuming
deliberations;

Whereas the changes required for updated monitoring
programmes and surveillance programmes cannot be
implemented in this field at short notice;

Whereas in accordance with Directive 97/12/EC swine
intra-Community trade are no longer
intended for
to departure;
subjected to brucellosis
whereas, this provision should be anticipated in order to
facilitate trade between the Member States;

testing prior

Whereas to avoid obstacles in intra-Community trade and
to ensure uniform application of the provisions, harmon-
ised rules concerning the use and the issue of health
certificates should be laid down for the period until the

(1) OJ C 217, 11. 7. 1998, p. 21.
(2) OJ C 313, 12. 10. 1998, p. 232.
(3) Opinion delivered on 9 September 1998 (not yet published in

the Official Journal).

(4) OJ L 109, 25. 4. 1997, p. 1.

date by which the Member States have to comply with the
amended provisions of Council Directive 64/432/EEC of
26 June 1964 on health problems affecting intra-
Community trade in bovine animals and swine (5);

Whereas on 24 June 1998 the Council adopted Directive
98/46/EC to amend the Annexes A, D (Chapter I) and F
of Directive 64/432/EEC; whereas owing to this amend-
ment certain references
in Directive 97/12/EC have
changed;

this

Whereas
fact has been taken into account by
attaching a table of correspondence in Annex II to
Directive 98/46/EC; whereas for the sake of improved
clarity and of the coherence of the legal texts it is neces-
in the corresponding
sary to correct
articles;

the references

Whereas it is therefore necessary to amend 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

Directive 97/12/EC is hereby amended as follows:

1. Article 1 shall be replaced by the following:

‘Article 1

The Articles of and the Annexes B, C, D (Chapter II)
and E to Directive 64/432/EEC shall be replaced by
the text annexed to this Directive, the Annexes A, D
(Chapter I) and F shall be replaced by the text annexed
to Directive 98/46/EC'.

2. In the first sentence of Article 2(1) the terms ‘not later
than 1 July 1998' shall be replaced by ‘not later than 1
July 1999'.

3. The Annex shall be amended as follows:

(a) Amendments to Article 2(2):

— in paragraph (d), the terms ‘Annex A.I para-
graphs 1, 2 and 3' shall be replaced by the
terms ‘Annex A.I, paragraphs 1 and 2';

(5) OJ L 121, 29. 7. 1964, p. 1977. Directive as last amended by

Directive 98/46/EC (OJ L 198, 15. 7. 1998, p. 22).

L 358/108

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Official Journal of the European Communities

31. 12. 98

— in paragraph (e), the terms ‘Annex A.I, para-
graphs 4, 5 and 6' shall be replaced by the
terms ‘Annex A.I, paragraphs 4 and 5';

— in paragraph (f), the terms ‘Annex A.II, para-
graphs 1, 2 and 3' shall be replaced by the
terms ‘Annex A.II, paragraphs 1 and 2';
— in paragraph (h), the terms ‘Annex A.II, para-
graphs 10, 11 and 12' shall be replaced by the
terms ‘Annex A.II, paragraphs 7, 8 and 9';
— in paragraph (i), the terms ‘Annex A.II, para-
graphs 4, 5 and 6' shall be replaced by the
terms ‘Annex A.II, paragraphs 4 and 5';
— in paragraph (k), the terms ‘Annex D, Chapter
I, Sections E, F and G' shall be replaced by the
terms ‘Annex D, Chapter I, Sections E and F'.

(b) Amendments to Article 5:

— in

1,

terms

paragraph

‘certificate
the
conforming to the model set out in Annex F'
shall be replaced by the term ‘certificate
conforming to either model 1 or 2 set out in
Annex F as appropriate'.

— in paragraphs 2(a) and 2(b), the terms ‘certificate
contained in Annex F' and in paragraph 5, the
terms ‘certificate in Annex F' shall be replaced
by the terms ‘certificate according to either
model 1 or 2 in Annex F as appropriate'.
— in paragraph 4, the terms ‘Part D of the certifi-
cate the model of which appears in Annex F'
shall be replaced by the terms ‘Section C of the
certificate according to either model 1 or 2 in
Annex F as appropriate'.

— in paragraph 5,

in brackets
the
‘(including Section DI)' shall be replaced by the
terms ‘(including Section C)'.

terms

2. until 30 June 1999,

the certificates must be in
conformity with Annex F of Directive 64/432/EEC (as
in force on 30 June 1998) with the following excep-
tion:

as from 1 January 1999, point v(b) first indent (as well
as the corresponding footnote 5) of the health certifi-
cate for swine for breeding and production laid down
in model III has to be deleted on its issue by the
issuing authority.

3. as from 1 July 1999 the certificates have to be in
conformity with the models laid down in Annex F of
Directive 64/432/EEC as amended by Directive 98/
46/EC.

Article 3

1. Member States shall bring into force the laws, regula-
tions and administrative provisions necessary to comply
with Article 1 of this Directive not later than 1 July 1999
and to comply with Article 2 of this Directive not later
than 1 January 1999.

When Member States adopt these measures, they shall
contain a reference to this Directive or shall be accom-
panied by such a reference on the occasion of their offi-
cial publication. The methods of making such a reference
shall be laid down by the Member States.

2. Member States shall communicate to the Commis-
sion the texts of the main provisions of domestic law
which they adopt in the field governed by this Directive.

Article 4

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

Article 2

Article 5

With regard to the examination and certification of live
bovine and swine intended for intra-Community trade the
following rules shall be applicable:

1. as from 1 January 1999 the obligation for brucellosis
testing prior to departure of swine intended for intra-
Community trade according to Article 3(4) second
sentence of Directive 64/432/EEC is no longer applic-
able.

This Directive is addressed to the Member States.

Done at Brussels, 14 December 1998.

For the Council

The President

W. MOLTERER