Proposal for a Council Directive amending Directive 87/328/EEC as regards the storage of semen of bovine animals intended for intra-Community trade
Date: 2004-08-18
Institutions: European Commission
Subjects: animal breeding, artificial insemination, health control, intra-EU trade, national implementing measure, veterinary inspection

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 18.08.2004 
COM(2004) 563 final 

2004/0188 (CNS) 

Proposal for a 

COUNCIL DIRECTIVE 

amending Directive 87/328/EEC as regards the storage of semen of bovine animals 
intended for intra-Community trade 

(presented by the Commission) 

EN 

   EN 

 
 
 
  
EXPLANATORY MEMORANDUM 

Council Directive 88/407/EEC lays down the animal health requirements applicable to intra-
Community  trade  in  and  imports  of  semen  of  domestic  animals  of  the  bovine  species.  This 
Directive has been amended recently by Directive 2003/43/EC in view of allowing semen to 
be  stored  not  only  in  “semen  collection  centres”  (with  own  production)  but  also  in  “semen 
storage centres” (without own production).  

Council Directive 87/328/EEC on the acceptance for breeding purposes of purebred breeding 
animals  of  the  bovine  species  refers  in  Article  4  to  animal  health  requirements  for  intra-
Community  trade  and  determines  that  semen  from  purebred  breeding  animals  has  to  be 
collected, processed and stored in an “official approved insemination centre”. 

Article  4  of  Council  Directive  87/328/EEC  should  be  amended  in  order  to  avoid  any 
confusion with the scope and definitions provided in Directive 88/407/EEC. 

EN 

2 

   EN 

 
2004/0188 (CNS) 

Proposal for a 

COUNCIL DIRECTIVE 

amending Directive 87/328/EEC as regards the storage of semen of bovine animals 
intended for intra-Community trade 

(Text with EEA relevance) 

THE COUNCIL OF THE EUROPEAN UNION, 

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

Having regard to the proposal from the Commission1, 

Having regard to the opinion of the European Parliament2, 

Having regard to the opinion of the European Economic and Social Committee3, 

Whereas: 

(1) 

(2) 

(3) 

Article  4  of  Council  Directive  87/328/EEC  of  18  June  1987  on  the  acceptance  for 
breeding  purposes  of  pure-bred  breeding  animals  of  the  bovine  species4  requires 
semen  for  intra-Community  trade  to  be  collected,  treated  and  stored  in  officially 
approved artificial insemination centres. 

Council  Directive  2003/43/EC5  has  modified  Council  Directive  88/407/EEC  of 
14 June  1988  laying  down  the  animal  health  requirements  applicable  to  intra-
Community trade in and imports of semen of domestic animals of the bovine species6, 
in view of allowing semen to be stored not only in semen collection centres but also in 
semen storage centres. 

In  order  to  ensure  consistency  in  Community  legislation,  Article  4  of  Directive 
87/328/EEC  should  be  adapted  to  the  extended  scope  and  the  newly  introduced 
definitions in Directive 88/407/EEC, 

HAS ADOPTED THIS DIRECTIVE: 

1 
2 
3 
4 
5 
6 

OJ C […], […], p. […] 
OJ C […], […], p. […] 
OJ C […], […], p. […] 
OJ L 167, 26.8.1987, p. 54. 
OJ L 143, 11.6.2003, p. 23. 
OJ L 194, 22.7.1988, p. 10. Directive as last amended by Commission Decision 2004/101/EC (OJ L 30, 
4.2.2004, p. 15). 

EN 

3 

   EN 

 
                                                 
Article 1 

Article 4 of Directive 87/328/EEC is replaced by the following text: 

“Member  States  shall  ensure  that,  for  intra-Community  trade,  the  semen  referred  to  in 
Article 2  is  collected  and  processed,  and  stored  if  need  be,  in  collection  or  storage  centres 
approved in accordance with Council Directive 88/407/EEC.” 

Article 2 

1. 

Member  States  shall  bring  into  force  the  laws,  regulations  and  administrative 
provisions necessary to comply with this Directive by [***] at the latest. They shall 
forthwith  communicate  to  the  Commission  the  text  of  those  provisions  and  a 
correlation table between those provisions and this Directive. 

When  Member  States  adopt  those  provisions,  they  shall  contain  a  reference  to  this 
Directive  or  be  accompanied  by  such  a  reference  on  the  occasion  of  their  official 
publication. Member States shall determine how such reference is to be made. 

2. 

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

This Directive shall enter into force on the twentieth day following the date of its publication 
in the Official Journal of the European Union. 

Article 3 

Article 4 

This Directive is addressed to the Member States. 

Done at Brussels, 

For the Council 
The President 

EN 

4 

   EN