Common Position (EC) No 17/2000 of 24 January 2000 adopted by the Council, acting in accordance with the procedure referred to in Article 251 of the Treaty establishing the European Community, with a view to adopting a Directive of the European Parliament and of the Council on health problems affecting intra-Community trade in bovine animals and swine
Date: 2000-01-24
Institutions: Council of the European Union
Subjects: EU control, cattle, health control, health legislation, intra-EU trade, swine

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Official Journal of the European Communities

22.3.2000

COMMON POSITION (EC) No 17/2000

adopted by the Council on 24 January 2000

with a view to adopting a Directive 2000/.../EC of the European Parliament and of the Council of
... amending Council Directive 64/432/EEC on health problems affecting intra-Community trade
in bovine animals and swine

(2000/C 83/03)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,

HAVE ADOPTED THIS DIRECTIVE:

Having regard to the Treaty establishing the European Com-
munity, and in particular Article 152 thereof,

Article 1

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

Having regard to the opinion of the Economic and Social
Committee (2),

After consulting the Committee of the Regions,

Directive 64/432/EEC is hereby amended as follows:

1.

In point 3 of Article 14(3)(C), the third subparagraph shall
be replaced by the following:

‘However, only points 2, 3 and 4 shall be applicable to
porcine animals.’;

2. The following point shall be added to Article 14(3)(C):

Acting in accordance with the procedure laid down in
Article 251 of the Treaty (3),

‘4.

Whereas:

(1) Both Council Directive 64/432/EEC (4) and Council Regu-
lation (EC) No 820/97 of 21 April 1997 establishing a
system for the identification and registration of bovine
animals and regarding the labelling of beef and beef
products (5) refer to the creation of computer databases,
for bovine and porcine animals, to store information on
animals and their movements.

(2) The appropriate implementation of functional national
databases for recording the movements of porcine ani-
mals must be ensured,

(1) OJ C 100, 2.4.1998, p. 23.
(2) OJ C 235, 27.7.1998, p. 59.
(3) Opinion of the European Parliament of 16 June 1998 (OJ C 210,
6.7.1998, p. 30), Council Common Position of 24 January 2000
and Decision of the European Parliament of ... (not yet published
in the Official Journal).

(4) OJ L 121, 29.7.1964, p. 1977/64. Directive amended and updated
by Council Directive 97/12/EC (OJ L 109, 25.4.1997, p. 1)
and last amended by Council Directive 98/99/EC (OJ L 358,
31.12.1998, p. 107).
(5) OJ L 117, 7.5.1997, p. 1.

In order to ensure the operation of
the national
computer databases concerning porcine animals,
appropriate rules of application, including the infor-
mation that the national databases must contain, shall
be adopted in accordance with the procedure laid
down in Article 17.’;

3. Article 18 shall be replaced by the following:

‘Article 18

Those Member States which have not
introduced an
approved surveillance network system shall ensure that a
computer database complying with the provisions laid
down in Article 14 is fully operational as follows:

(a) for bovine animals, from 31 December 1999;

(b) for a register of holdings of porcine animals, complying
with the provisions laid down in Article 14(3)(C)(2)
from 31 December 2000;

(c) for movements of porcine animals, complying with

the provisions laid down in Article 14(3)(C)(3):

— from their holding of birth, by 31 December 2001,

— from all other holdings, by 31 December 2002.

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There shall be an entry in the database for each separate
movement of porcine animals. The entry shall comprise at
least the following: the number of porcine animals being
moved, the identification number of the holding or herd of
departure, the identification number of the holding or herd of
arrival and the departure and arrival dates.’

Article 2

1. Member States shall bring into force the laws, regulations
or administrative provisions necessary to comply with this
Directive. They shall forthwith inform the Commission thereof.

When Member States adopt these measures, 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 reference shall be laid down by
Member States.

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

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 ...

For the European Parliament

For the Council

The President

The President

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Official Journal of the European Communities

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STATEMENT OF THE COUNCIL’S REASONS

I.

INTRODUCTION

1. On 19 February 1998 the Commission sent the Council a proposal based on Article 100a of
the EC Treaty and designed to amend Directive 64/432/EEC on health problems affecting
intra-Community trade in bovine animals and swine.

2. On 16 June 1998 the European Parliament delivered its opinion on the proposal, approving it

without amendment.

On 16 September 1999, following the entry into force of the Amsterdam Treaty, the European
Parliament stated that its June 1998 opinion could be considered as a first reading under the
co-decision procedure, the proposal’s legal basis having become Article 152 of the EC Treaty.

The Economic and Social Committee delivered its opinion on 27 May 1998.

The Committee of the Regions was consulted by letter dated 6 December 1999.

3. At its meeting on 24 January 2000, the Council adopted a Common Position in accordance with

Article 251 of the EC Treaty.

II. OBJECTIVES

4. Directive 64/432/EEC on health problems affecting intra-Community trade in bovine animals and
swine as amended and updated by Council Directive 97/12/EC (1), provides, inter alia, for the
creation of computer databases for the storage of information on bovine animals and swine and
their movements.

5.

In order to ensure the operations of the various national databases and the intra-Community
the proposal would, where necessary, give the
exchange of
Commission the task of adopting appropriate rules of application under the Standing Veterinary
Committee procedure.

information between them,

III. THE COMMON POSITION

6. The Council accepted the Commission proposal but restricted the delegation of powers to
databases for swine. It saw no justification for delegating powers for the databases for bovine
animals, which should be in place by 31 December 1999 at the latest.

The Council acknowledged the problem involved in setting up databases for swine by the prescribed
deadline: the timetable for establishing computerised databases for swine has therefore been spread
over three years (see new Article 18(b) and (c) under point 3). This does not call into question the
principle of the Directive.

IV. CONCLUSIONS

The Council adopted as its Common Position the Commission proposal as approved by the European
Parliament, with the amendments described above.

(1) OJ L 109, 25.4.1997, p. 1.