Proposal for a European Parliament and Council Directive of amending Directive 64/432/EEC on health problems affecting intra-Community trade in bovine animals and swine
Date: 1999-10-25
Institutions: European Commission
Subjects: cattle, health control, intra-EU trade, swine, veterinary legislation

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 25.10.1999
COM(1999) 456 final

99/0217 (COD)

Proposal for a

EUROPEAN PARLIAMENT AND COUNCIL DIRECTIVE

of

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

(presented by the Commission)

EXPLANATORY MEMORANDUM

Directive 64/432/EEC on health problems affecting intra-Community trade in bovine
animals and swine, was as last amended by Directive 98/99/EC with regard to the date
from which on the provisions are applicable. Prior to the adoption by the Council of
Directive 98/99/EC, Directive 64/432/EEC had been amended and updated by
Council Directive 97/12/EC with regard to the articles and Annexes B, C, D (Chapter
II) and E, and by Directive 98/46/EC with regard to Annexes A, D (Chapter I) and F.

The provisions of Directive 64/432/EEC as amended are applicable as from 1 July
1999 and implementation problems have been encountered that require transitional
measures to avoid disturbances in trade in live animals of the bovine and porcine
species.

It is the purpose of this proposal to provide for a legal basis to adopt transitional
measures by the Commission in accordance with Standing Veterinary Committee
procedures, to introduce certain transitional measures as considered necessary by
Member States to continue trade in live bovine animals and to align certain provisions
of that directive so as to ensure coherence with Community law.

It is furthermore the purpose to modify this Directive in the light of Council Decision
1999/468/EC of 28 June 1999 laying down the procedures for the exercise of
implementing powers conferred on the Commission taking into account that certain
provisions have implications both for the protection of public health and animal
health.

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99/0217 (COD)

Proposal for a

EUROPEAN PARLIAMENT AND COUNCIL DIRECTIVE

of

amending 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
Articles 37 and 152 thereof,

Having regard to the proposal from the Commission,

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

Having regard to the opinion of the Committee of the Regions,

Acting in accordance with the procedure laid down in Article 251 of the Treaty,

(1) Whereas Directive

64/432/EEC1

affecting
intra-Community trade in bovine animals and swine, as last amended by
Directive 98/99/EC2, has been amended and updated by Council Directive
97/12/EC3 with regard to the articles and Annexes B, C, D (Chapter II) and E,
and by Directive 98/46/EC4 with regard to Annexes A, D (Chapter I) and F;

problems

health

on

(2) Whereas the provisions of Directive 64/432/EEC as amended are applicable as
from 1 July 1999; whereas implementation problems have been encountered
that require transitional measures to avoid disturbances in trade in live animals
of the bovine and porcine species;

(3) Whereas moreover Directive 64/432/EEC, as amended and updated by
Council Directive 97/12/EC and Council Regulation (EC) N° 820/975
establishing a system for the identification and registration of bovine animals
and regarding the labelling of beef and beef products refer to the creation of

1

2

3

4

5

OJ 121, 29.7.1964, p. 1977/64.
OJ L 358, 31.12.1998, p. 107.
OJ L 109, 25.4.1997, p. 1.
OJ L 198, 15.7.1998, p. 22.
OJ L 117, 7.5.1997, p. 1.

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computer databases, inter alia for bovine animals, to store information on
animals and their movements;

(4) Whereas problems have been encountered with the application of the animal
health conditions and in particular in relation to the link with identification and
registration of animals;

(5) Whereas Directive 64/432/EEC must be amended to ensure coherence of
Community rules and to allow the Commission to adopt transitional measures
allowing the Member States to adapt to the new trade conditions,

(6) Whereas as a consequence it is appropriate to delay the entry into force of

certain provisions in the said Directive,

(7) Whereas since the measures for the implementation of this Directive are
measures of general scope within the meaning of Article 2 of Council
Decision 1999/468/EC of 28 June 1999 laying down the procedures for the
exercise of implementing powers conferred on the Commission6, they should
be adopted by use of the regulatory procedure provided for in Article 5 of that
Decision,

HAVE ADOPTED THIS DIRECTIVE:

Article1

Directive 64/432/EEC is amended as follows:

1.

In Article 6 (2) the following new paragraph is added:

“(e) Until 31 December 2000 by way of derogation from (a) and (b) above,
not be subject to the test requirements laid down respectively in Article
6, 2., (a) or (b) in the case of bovine animals aged less than 30 months
intended for meat production which:

–

–

–

–

come from a herd officially tuberculosis-free and officially
brucellosis-free,

are accompanied by an animal health certificate with paragraph 7
in Section A of Annex F Model 1 duly completed,

remain under supervision until their slaughter,

have not come into contact during transport with bovine animals
not coming from herds officially free from those diseases,

and provided that:

6

OJ L 184, 17.7.1999, p. 23.

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–

–

these arrangements are restricted to trade between Member States
or regions of Member States with the same health status with
regard respectively to tuberculosis or brucellosis,

the Member State of destination takes all necessary measures to
avoid any contamination of indigenous herds;”

2.

3.

In Article 6 (3) second paragraph, the date "31 December 1999" is replaced
by the date "31 December 2000".

In Article 16 the following new paragraph is added:

“3. Where necessary to facilitate the changeover to the new arrangements
provided for in this Directive, the Commission, acting in accordance
with the procedure laid down in Article 17A, may adopt transitional
measures applicable for a period of not more than three years.”

4.

Article 17 is replaced by the following:

“Article 17

1. The Commission shall be assisted by the Standing Veterinary
Committee established by Decision 68/361/EEC in accordance with the
procedure laid down in paragraph 2 below.

2. 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 measures within a time-limit which the chairman may lay
down according to the urgency of the matter. The opinion shall be
delivered by the majority laid down in Article 205(2) of the Treaty in the
case of decisions for which the Council is required to adopt on a
proposal from the Commission. The votes of the representatives of the
Member States within the Committee shall be weighted in the manner
set out in that Article. The chairman shall not vote.

3. The Commission shall adopt the measures envisaged if they are in

accordance with the opinion of the Committee.

4.

If the measures envisaged are not in accordance with the opinion of the
committee, or if no opinion is delivered, the Commission shall without
delay submit to the Council a proposal relating to the measures to be
taken.

5. The Council, acting by qualified majority, shall act on the proposal

within three months from the date of referral to the Council.

If, within that period, the Council indicates by qualified majority that it
opposes the proposal, the Commission shall reconsider it. It may present
an amended proposal to the Council, re-submit the same proposal or
present a legislative proposal on the basis of the Treaty.

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If the Council has not adopted the proposed implementing measures or
has not indicated its opposition to the proposed implementing measures
by the expiry of
they shall be adopted by the
Commission.”

the time limit,

5.

A new Article 17A is inserted as follows:

“ Article 17A

1.

2.

3.

4.

5.

6.

The Commission shall be assisted by the Standing Veterinary
Committee established by Decision 68/361/EEC in accordance with
the procedure laid down in paragraph 2 below.

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. The opinion shall be
delivered by the majority laid down in Article 205(2) of the Treaty in
the case of decisions which the Council is required to adopt on a
proposal from the Commission. The votes of the representatives of
the Member States within the Committee shall be weighted in the
manner set out in that Article. The chairman shall not vote.

If the European Parliament indicates, in a Resolution setting out the
grounds on which it is based, that draft implementing measures, the
adoption of which is contemplated and which have been submitted to
a committee pursuant to the present Directive adopted under Article
251 of the Treaty, would exceed the implementing powers provided
for in this Directive,
the Commission shall re-examine the draft
measures. Taking the Resolution into account and within the time-
limits of the procedure under way, the Commission may submit new
draft measures to the committee, continue with the procedure or
submit a proposal to the European Parliament and the Council on the
basis of the Treaty. The Commission shall inform the European
Parliament and the committee of the action which it intends to take on
the Resolution of the European Parliament and of its reasons for
doing so.

The Commission shall, without prejudice to paragraph 3, adopt the
measures envisaged if they are in accordance with the opinion of the
committee.

If the measures envisaged are not in accordance with the opinion of
the committee, or if no opinion is delivered, the Commission shall,
to the Council a proposal relating to the
without delay, submit
measures to be taken and shall inform the European Parliament.

If the European Parliament considers that a proposal submitted by the
Commission pursuant to the Directive adopted in accordance with the
procedure laid down in Article 251 of the Treaty exceeds the

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implementing powers provided for in this Directive, it shall inform
the Council of its position.

7.

The Council may, where appropriate in view of any such position, act
by qualified majority on the proposal, within three months from the
date of referral to the Council.

If within that period the Council has indicated by qualified majority
that it opposes the proposal, the Commission shall re-examine it. It
may submit an amended proposal
its
proposal or present a legislative proposal on the basis of the Treaty.

to the Council, re-submit

If on the expiry of that period the Council has neither adopted the
proposed implementing act nor
indicated its opposition to the
proposal for implementing measures, the proposed implementing act
shall be adopted by the Commission.”

6.

7.

In Annex A, I, 2., paragraph ( c ), third indent the word “ or” is inserted
between the points (1) and (2).

In Annex A, I, 4. and in Annex A, II, 7. paragraph (b) is replaced
respectively by the following:

“(b) each bovine animal
legislation, and ”

is identified in accordance with Community

8.

In Annex F Model 1 Section A the following new paragraph is inserted:

“7.3 is an animal less than 30 months old intended for meat production
originating from a herd which is officially tuberculosis, brucellosis and
leukosis free, and is dispatched in accordance with Article 6 (2)(e) of
Directive 64/432/EEC under licence N°…………………………..”

Article 2

1.

2.

Member States shall adopt the laws, regulations or administrative provisions
required for compliance with this Directive by 1 December 1999. They shall
immediately inform the Commission thereof.

The measures adopted by the Member State shall contain a reference to this
Directive or shall be accompanied by such reference at the time of their
publication. The procedure for making such reference shall be adopted by the
Member States.

Member States shall forward to the Commission the text of the main
provisions of national law which they adopt in the field governed by this
Directive.

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Article 3

This 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 European Parliament
The President

For the Council
The President

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