Proposal for a Council Directive on pure-bred breeding animals of the bovine species (codified version)
Date: 2006-12-01
Institutions: European Commission
Subjects: animal breeding, artificial insemination, cattle, codification of EU law, disclosure of information, intra-EU trade

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 1.12.2006 
COM(2006) 749 final 

2006/0250 (CNS) 

Proposal for a 

COUNCIL DIRECTIVE 

on pure-bred breeding animals of the bovine species 

(codified version) 

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

In  the  context  of  a  people’s  Europe,  the  Commission  attaches  great  importance  to 
simplifying  and  clarifying  Community  law  so  as  to  make  it  clearer  and  more 
accessible to the ordinary citizen, thus giving him new opportunities and the chance 
to make use of the specific rights it gives him. 

This aim cannot be achieved so long as numerous provisions that have been amended 
several times, often quite substantially, remain scattered, so that they must be sought 
partly  in  the  original  instrument  and  partly  in  later  amending  ones.  Considerable 
research work, comparing many different instruments, is thus needed to identify the 
current rules. 

For  this  reason  a  codification  of  rules  that  have  frequently  been  amended  is  also 
essential if Community law is to be clear and transparent. 

On  1  April  1987  the  Commission  therefore  decided1  to  instruct  its  staff  that  all 
legislative acts should be codified after no more than ten amendments, stressing that 
this  is  a  minimum  requirement  and  that  departments  should  endeavour  to  codify  at 
even  shorter  intervals  the  texts  for  which  they  are  responsible,  to  ensure  that  the 
Community rules are clear and readily understandable. 

The  Conclusions  of 
the  Edinburgh  European  Council 
(December 1992) confirmed this2, stressing the importance of codification as it offers 
certainty as to the law applicable to a given matter at a given time. 

the  Presidency  of 

Codification  must  be  undertaken  in  full  compliance  with  the  normal  Community 
legislative procedure. 

Given  that  no  changes  of  substance  may  be  made  to  the  instruments  affected  by 
codification, the European Parliament, the Council and the Commission have agreed, 
by  an  interinstitutional  agreement  dated  20  December  1994,  that  an  accelerated 
procedure may be used for the fast-track adoption of codification instruments. 

is 

this  proposal 

to  undertake  a  codification  of  Council 
The  purpose  of 
Directive 77/504/EEC of 25 July 1977 on pure-bred breeding animals of the bovine 
species3. The new Directive will supersede the various acts incorporated in it4; this 
proposal  fully  preserves  the  content  of  the  acts  being  codified  and  hence  does  no 
more than bringing them together with only such formal amendments as are required 
by the codification exercise itself. 

COM(87) 868 PV. 
See Annex 3 to Part A of the Conclusions. 
Carried out pursuant to the Communication from the Commission to the European Parliament and the 
Council – Codification of the Acquis communautaire, COM(2001) 645 final. 
Annex I, Parts A and B of this proposal. 

1. 

2. 

3. 

4. 

1 
2 
3 

4 

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5. 

The codification proposal was drawn up on the basis of a preliminary consolidation, 
in all official languages, of Directive 77/504/EEC and the instruments amending it, 
carried out by the Office for Official Publications of the European Communities, by 
means  of  a  data-processing  system.  Where  the  Articles  have  been  given  new 
numbers,  the  correlation  between  the  old  and  the  new  numbers  is  shown  in  a  table 
contained in Annex II to the codified Directive. 

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(cid:208) 77/504/EEC (adapted) 

2006/0250 (CNS) 

Proposal for a 

COUNCIL DIRECTIVE 

on pure-bred breeding animals of the bovine species 

(Text with EEA relevance) 

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  establishing  the  European  Community,  and  in  particular 
Articles 37 and 94 thereof, 

Having regard to the proposal from the Commission, 

Having regard to the opinion of the European Parliament5, 

Having regard to the opinion of the European Economic and Social Committee6, 

Whereas: 

(1) 

Council Directive 77/504/EEC of 25 July 1977 on pure-bred breeding animals of the 
bovine  species7  has  been  substantially  amended  several  times8.  In  the  interests  of 
clarity and rationality the said Directive should be codified. 

(cid:208)  

(2) 

Cattle  production  occupies  a  very  important  place  in  Community  agriculture,  and 
satisfactory results depend to a large extent on the use of pure-bred breeding animals. 

(cid:208) 77/504/EEC Recital 1 

5 
6 
7 

8 

OJ C  
OJ C  
OJ  L  206,  12.8.1977,  p.  8.  Directive  as  last  amended  by  Regulation  (EC)  No  807/2003  (OJ  L  122, 
16.5.2003, p. 36). 
See Annex I, Parts A and B. 

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(cid:208) 77/504/EEC recitals 2 (adapted) 
and 3 (adapted) 

(3)  ⌦ Disparities  between  Member  States  as  regards  breeds  and  standards  hinder 
intra-Community trade. ⌫ If these disparities are to be removed, thereby increasing 
agricultural  productivity  in  this  sector,  intra-Community  trade  in  all  pure-bred 
breeding animals ⌦ should ⌫ be liberalised.  

(4) 

Rules  harmonised  at  Community  level  relating  to  the  zootechnical  and  genealogical 
conditions  governing  intra-Community  trade  or  the  marketing  of  all  animals, 
particularly  the  bovine,  porcine,  ovine  and  caprine  species  and  equidae,  have  been 
drawn up. 

(cid:208) 94/28/EC Recital 3 

(cid:208) 94/28/EC Recital 5 

(5) 

In order especially to ensure rational development of the rearing of pure-bred livestock 
and  thus  increase  productivity  in  this  sector,  principles  should  be  laid  down  at 
Community  level  relating  to  the  zootechnical  and  genealogical  conditions  applicable 
to  the  importation  of  these  animals,  their  semen,  ova  and  embryos  from  third 
countries. 

(6) 

It ⌦ should ⌫  be  possible  for  the  Member  States  to  insist  on  pedigree  certificates 
drawn up in accordance with a Community procedure being presented. 

(cid:208) 77/504/EEC Recital 4 (adapted) 

(cid:208)  

(7) 

(8) 

The measures necessary for the implementation of this Directive should be adopted in 
accordance  with  Council  Decision  1999/468/EC  of  28  June  1999  laying  down  the 
procedures for the exercise of implementing powers conferred on the Commission9. 

This  Directive  should  be  without  prejudice  to  the  obligations  of  the  Member  States 
relating to the time-limits for transposition into national law of the Directives set out in 
Annex I, Part C, 

9 

OJ L 184, 17.7.1999, p. 23. Decision as amended by Decision 2006/512/EC (OJ L 200, 22.7.2006, p. 
11). 

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HAS ADOPTED THIS DIRECTIVE: 

Article 1 

(cid:208) 77/504/EEC (adapted) 

For the purposes of this Directive ⌦ , ⌫ the following definitions shall apply: 

(a)  ⌦ ‘ ⌫  pure-bred  breeding  animal  of  the  bovine  species  ⌦ ’ ⌫:  any  bovine 
animal ⌦, including buffalo, ⌫ the parents and grandparents of which are entered 
or registered in a herd-book of the same breed, and which is itself either entered or 
registered and eligible for entry in such a herd-book; 

(b)  ⌦ ‘ ⌫ herd-book ⌦ ’ ⌫ : any book, register, file or data medium ⌦ : ⌫ 

(cid:208) 1979 Act of Accession Art. 21 
and Annex I, p. 86 (adapted) 

(i)  which  is  maintained  by  a  breeders'  organisation  or  association  officially 
recognised  by  a  Member  State  in  which  the  breeders'  organisation  or 
association was constituted, or by an official department of the Member State 
concerned ⌦ ; ⌫ and 

(ii) 

in which pure-bred breeding animals of a given breed of the bovine species are 
entered or registered with mention of their ancestors. 

(cid:208) 77/504/EEC (adapted) 
(cid:206)1 94/28/EC Art. 11 

Article 2 

The  Member  States  shall  ensure  that  the  following  shall  not  be  prohibited,  restricted  or 
impeded on zootechnical grounds: 

(a) 

(b) 

(c) 

(d) 

intra-Community trade in pure-bred breeding animals of the bovine species; 

intra-Community trade in the semen, (cid:206)1 ova and embryos  of pure-bred breeding 
animals of the bovine species; 

the  establishment  of  herd-books,  provided  that  they  comply  with  the  requirements 
laid down pursuant to Article 6; 

the  recognition  of  organisations  or  associations  which  maintain  herd-books,  in 
accordance with Article 6 ⌦ ; ⌫ and 

(e) 

subject to Article 3, intra-Community trade in bulls used for artificial insemination. 

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(cid:208) 77/504/EEC 

Article 3 

The  Council,  acting  on  a  proposal  from  the  Commission,  shall,  before  1  July  1980,  adopt 
Community provisions for the approval of pure-bred breeding animals of the bovine species 
for breeding. 

Article 4 

Breeders'  organisations  or  associations  officially  recognised  by  a  Member  State  may  not 
oppose the entry in their herd-books of pure-bred breeding animals of the bovine species from 
other Member States provided that they satisfy the requirements laid down in accordance with 
Article 6. 

(cid:208) 77/504/EEC (adapted) 
(cid:206)1 94/28/EC Art. 11 

Article 5 

Member  States  may  require  that  pure-bred  breeding  animals  of  the  bovine  species  and  the 
semen  or  (cid:206)1 ova  and  embryos   from  such  animals  shall  be  accompanied,  in  intra-
Community  trade,  by  a  pedigree  certificate  which  complies  with  a  specimen  drawn  up  in 
accordance with the procedure ⌦ referred to ⌫ in Article 8(2), particularly with regard to 
zootechnical performance. 

The  following  shall  be  determined  in  accordance  with  the  procedure  ⌦ referred  to ⌫  in 
Article 8(2): 

Article 6 

(a) 

(b) 

(c) 

(d) 

(e) 

performance monitoring methods and methods for assessing cattle's genetic value; 

the criteria governing the recognition of breeders' organisations and associations; 

the criteria governing the establishment of herd-books; 

the criteria governing entry in herd-books; 

the particulars to be shown on the pedigree certificate. 

Article 7 

Member  States  shall  not  authorise  the  import  of  pure-bred  breeding  animals  of  the  bovine 
species  from  ⌦ third ⌫  countries  unless  they  are  accompanied  by  a  pedigree  certificate 
certifying  that  they  are  entered  or  registered  in  a  herd-book  in  the  exporting  ⌦ third ⌫ 

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country. Proof must be provided that the animals are either entered or registered and eligible 
for entry in a herd-book in the Community. 

(cid:208) 807/2003 Art. 3 and Annex III, 
pt. 23 

Article 8 

The  Commission  shall  be  assisted  by  the  Standing  Committee  on  Zootechnics 
instituted by Council Decision 77/505/EEC10. 

Where 
to 
Decision 1999/468/EC shall apply. 

is  made 

reference 

this  paragraph,  Articles  5  and  7  of 

1. 

2. 

The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at three 
months. 

3. 

The Committee shall adopt its rules of procedure. 

(cid:208)  

Article 9 

Directive 77/504/EEC, as amended by the acts listed in Annex I, Parts A and B, is repealed, 
without  prejudice  to  the  obligations  of  the  Member  States  relating  to  the  time-limits  for 
transposition into national law of the Directives set out in Annex I, Part C. 

References  to  the  repealed  Directive  shall  be  construed  as  references  to  this  Directive  and 
shall be read in accordance with the correlation table in Annex II. 

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

Article 10 

10 

OJ L 206, 12.8.1977, p. 11. 

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(cid:208) 77/504/EEC 

Article 11 

This Directive is addressed to the Member States. 

Done at Brussels, 

For the Council 
The President 

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(cid:207) 

ANNEX I 

Part A 

Repealed Directive with its successive amendments 
(referred to in Article 9) 

Council Directive 77/504/EEC 
(OJ L 206, 12.8.1977, p. 8) 

Council Directive 79/268/EEC 
(OJ L 62, 13.3.1979, p. 5) 

Council Directive 85/586/EEC 
(OJ L 372, 31.12.1985, p. 44) 

Council Regulation (EEC) No 3768/85 
(OJ L 362, 31.12.1985, p. 8) 

Council Directive 91/174/EEC 
(OJ L 85, 5.4.1991, p. 37) 

Council Directive 94/28/EC 
(OJ L 178, 12.7.1994, p. 66) 

Article 4 only 

Annex, pt. 46 only 

Article 3 only 

Article 11 only 

Council Regulation (EC) No 807/2003 
(OJ L 122, 16.5.2003, p. 36) 

Annex III, pt. 23 only 

Part B 

Non-repealed successive amending acts 
(referred to in Article 9) 

1979 Act of Accession 

1994 Act of Accession 

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Part C 

List of time-limits for transposition into national law 
(referred to in Article 9) 

Directive 

Time-limit for transposition 

77/504/EEC 

85/586/EEC 

91/174/EEC 

94/28/EC 

1 January 1979, with the 
exception of Article 7. 

Relating 
to  Article  7,  as 
regards  each  of  the  points 
which  it  covers,  on  the  same 
dates  as  those  on  which  the 
Member  States  comply  with 
the  provisions  applicable  in 
intra-Community  trade,  and 
in  particular 
the  decisions 
that  are  successively  adopted 
pursuant to Article 6. 

1 January 1986 

31 December 1991 

1 July 1995 

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ANNEX II 

CORRELATION TABLE 

Directive 77/504/EEC 

This Directive 

Article 1(a) 

Article 1(a) 

Article 1(b), first and second indents 

Article 1(b)(i) and (ii) 

Article 2, first paragraph, first to fifth indents  Article 2(a) to (e) 

Article 2, second paragraph 

Article 3, first paragraph 

Article 3, second paragraph 

Article 4 

Article 5 

________ 

Article 3 

________ 

Article 4 

Article 5 

Article 6(1), first to fifth indents 

Article 6(a) to (e) 

Article 6(2) 

Article 7, first paragraph 

Article 7, second paragraph 

Article 8 

Article 9 

________ 

________ 

Article 10 

________ 

________ 

________ 

________ 

Article 7 

Article 8 

________ 

Article 9 

Article 10 

Article 11 

Annex I 

Annex II 

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