2004/101/EC: Commission Decision of 6 January 2004 amending Annex D to Directive 88/407/EEC as regards health certificates applying to intra-Community trade in semen of domestic animals of bovine species (Text with EEA relevance) (notified under document number C(2003) 5307)
Date: 2004-01-06
Institutions: European Commission
Subjects: animal breeding, artificial reproduction, cattle, health certificate, intra-EU trade

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COMMISSION

COMMISSION DECISION

of 6 January 2004

amending Annex D to Directive 88/407/EEC as regards health certificates applying to intra-Com-
munity trade in semen of domestic animals of bovine species

(notified under document number C(2003) 5307)

(Text with EEA relevance)

(2004/101/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Having regard to Council Directive 88/407/EEC of 14 June
1988 laying down animal health requirements governing trade
and imports into the Community of semen of domestic animals
of bovine species (1), and in particular Article 17 thereof,

Whereas:

(1)

(2)

Council Directive 2003/43/EC amending Directive 88/
407/EEC provides that as of 1 January 2005, semen of
domestic animals of bovine species must be collected,
processed and stored according to the new provisions
introduced by Directive 2003/43/EC in order to be
eligible to intra-Community trade.

However, it is appropriate to authorise the continuing
trade of stocks of semen of domestic animals of bovine
species in accordance with the provisions of Directive
88/407/EEC, prior to the modification introduced by
Directive 2003/43/EC.

— after this date, Member States shall not authorise
intra-community trade in and import of semen of
domestic animals of bovine species in accordance
with the provisions formerly in force unless it was
collected, processed and stored before 31 December
2004. However, the model of certificate applicable
to intra-Community trade when taking place after
that date has been omitted.

(4)

Consequently, it is necessary to provide models of certifi-
cate for trade in and imports of semen of domestic
animals of bovine species collected, processed and stored
before 31 December 2004, carried out as of 1 January
the Directive,
to Article 11.2 of
2005. Pursuant
however, the current models of certificates for imports
should be updated in a separate instrument.

(5) With regard to intra-Community trade, and in the
interest of clarity, it is necessary to amend the Annex D
to Directive 88/407/EEC in order to precise the two
different models of certificate applicable for intra-Com-
munity trade in bovine semen in accordance with the
former or the new provisions of the said Directive.

(3)

Therefore, Article 2 paragraph 2 of Directive 2003/43/
EC provides that:

(6)

— up until 31 December 2004, Member States shall
authorise intra-community trade in and imports of
animals of bovine
semen of domestic
species
stored before 31 December
collected, processed,
2004 and accompanied by a certificate in accordance
with the models provided for before the amendments
introduced by Directive 20003/43/EC.

Although the trade in stocks of semen collected before
31 December 2004 should be transitory and progres-
thus rendering the corresponding
sively phased out,
model of certificate obsolete, the long lasting stocking
capabilities for the product concerned make it impos-
sible at present to fix a date for its deletion.

(1) OJ L 194, 22.7.1988, p. 10. Directive as last amended by Directive

2003/43/EC (OJ L 143, 11.6.2003, p. 23),

(7)

The measures provided for in this Decision are in
accordance with the opinion of the Standing Committee
on the Food Chain and Animal Health.

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HAS ADOPTED THIS DECISION:

Article 3

Article 1

This Decision is addressed to the Member States.

Annex D of Directive 88/407/EEC is replaced by the Annex to
this Decision.

Done at Brussels, 6 January 2004.

Article 2

This Decision shall apply as of 1 January 2005.

For the Commission

David BYRNE

Member of the Commission

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ANNEX

‘ANNEX D

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