Amended proposal for a Council Directive on pure-bred breeding animals of the bovine species (codified version) (Text with EEA relevance)
Date: 2009-05-20
Institutions: European Commission
Subjects: animal breeding, artificial insemination, cattle, codification of EU law, disclosure of information, intra-EU trade

EN 

EN 

   EN 

 
COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 20.5.2009 
COM(2009) 235 final 

2006/0250 (CNS) 

Amended proposal for a 

COUNCIL DIRECTIVE 

on pure-bred breeding animals of the bovine species (codified version) 

(Text with EEA relevance) 

EN 

   EN 

 
 
  
 
 
1. 

2. 

3. 

4. 

EXPLANATORY MEMORANDUM 

On 1 December 2006, the Commission presented a proposal for a Council Directive 
codifying  Council  Directive  77/504/EEC  of  25  July  1977  on  pure-bred  breeding 
animals of the bovine species1. 

In  its  opinion  of  20  December  2006  the  Consultative  Working  Party  of  the  legal 
services  set  up  under  the  Interinstitutional  Agreement  of  20  December  1994  on  an 
accelerated  working  method  for  official  codification  of  legislative  texts2  has  stated 
that the proposal referred to in point 1 does indeed confine itself to straightforward 
codification, without any substantive changes to the acts covered by it. 

Having  regard  to  the  amendment  adopted3  in  respect  of  the  proposal  referred  to  in 
point  1  and  in  view  of  the  work  already  carried  out  in  the  Council  thereon,  the 
Commission  has  decided  to  present  –  in  accordance  with  Article  250(2)  of  the  EC 
Treaty – an amended proposal for codification of the Directive in question. 

The changes made in this amended proposal, compared with the proposal referred to 
in point 1, are the following: 

(1) 

in  Article  2(e),  ”Article  3”  is  replaced  by  ”Council  Directive  87/328/EEC”, 
including the corresponding footnote;  

(2)  Article 3 is deleted; 

(3)  Article 4 is renumbered Article 3; 

(4) 

the following Article 4 is inserted: 

”Article 4 

1.  Member  States  shall  draw  up  and  keep  up  to  date  a  list  of  bodies  as 
referred  to  in  Article  1(b)(i)  which  are  officially  recognised  for  the 
purpose of maintaining or establishing herd-books and make it available 
to the other Member States and to the public. 

2.  Detailed rules for the uniform application of paragraph 1 may be adopted 

in accordance with the procedure referred to in Article 8(2).”; 

(5) 

in Article 8, paragraph 3 is deleted; 

1 
2 
3 

COM(2006) 749 final of 1.12.2006. 
OJ C 102, 4.4.1996, p. 2. 
Council  Directive  2008/73/EC  of  15  July  2008  simplifying  procedures  of  listing  and  publishing 
information  in  the  veterinary  and  zootechnical  fields  and  amending  Directives  64/432/EEC, 
77/504/EEC,  88/407/EEC,  88/661/EEC,  89/361/EEC,  89/556/EEC,  90/426/EEC,  90/427/EEC, 
90/428/EEC, 90/429/EEC, 90/539/EEC, 91/68/EEC, 91/496/EEC, 92/35/EEC, 92/65/EEC, 92/66/EEC, 
92/119/EEC,  94/28/EC,  2000/75/EC,  Decision  2000/258/EC  and  Directives  2001/89/EC,  2002/60/EC 
and 2005/94/EC (OJ L 219, 14.8.2008, p. 40). 

EN 

2 

   EN 

                                                 
(6) 

in Article 10, the following paragraph is added: 

”It shall apply from 2 January 2010.”; 

(7)  Annex I and the references to its Parts are adapted to current practice. 

5. 

6. 

The  Correlation  Table,  in  Annex  II,  has  been  modified  in  accordance  with  the 
foregoing. 

To  facilitate  reading  and  examination,  the  full  text  of  the  amended  proposal  for 
codification is attached hereto. 

EN 

3 

   EN 

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

2006/0250 (CNS) 

Amended proposal for a 

COUNCIL DIRECTIVE 

on pure-bred breeding animals of the bovine species (codified version) 

(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 Parliament4, 

Having regard to the opinion of the European Economic and Social Committee5, 

Whereas: 

(1) 

Council Directive 77/504/EEC of 25 July 1977 on pure-bred breeding animals of the 
bovine  species6  has  been  substantially  amended  several  times7.  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 

4 
5 
6 
7 

OJ C […], […], p. […].  
OJ C […], […], p. […].  
OJ L 206, 12.8.1977, p. 8. 
See Annex I, Part A. 

EN 

4 

   EN 

 
 
 
                                                 
(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 Commission8. 

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 B, 

8 

OJ L 184, 17.7.1999, p. 23.  

EN 

5 

   EN 

 
 
 
 
 
                                                 
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 

EN 

6 

   EN 

 
 
 
(e) 

subject  to  ⌦ Council  Directive  87/328/EEC9 ⌫,  intra-Community  trade  in  bulls 
used for artificial insemination. 

(cid:208) 77/504/EEC 

Article 3 

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) 2008/73/EC Art. 2 (adapted) 

Article 4 

1.  Member  States  shall  draw  up  and  keep  up  to  date  a  list  of  bodies  as  referred  to  in 
Article 1(b)  ⌦ (i) ⌫  which  are  officially  recognised  for  the  purpose  of  maintaining  or 
establishing herd-books and make it available to the other Member States and to the public. 

2.  Detailed  rules  for  the  uniform  application  of  ⌦ paragraph  1 ⌫  may  be  adopted  in 
accordance with the procedure referred to in Article 8(2). 

(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. 

Article 6 

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

(a) 

(b) 

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

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

9 

OJ L 167, 26.6.1987, p. 54. 

EN 

7 

   EN 

 
 
 
                                                 
(c) 

(d) 

(e) 

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 ⌫ 
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 

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

2. Where reference is made to this paragraph, Articles 5 and 7 of Decision 1999/468/EC shall 
apply. 

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

(cid:208)  

Article 9 

Directive 77/504/EEC, as amended by the acts listed in Annex I, Part A, 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 B. 

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 

It shall apply from 2 January 2010. 

10 

OJ L 206, 12.8.1977, p. 11. 

EN 

8 

   EN 

 
 
                                                 
(cid:208) 77/504/EEC 

Article 11 

This Directive is addressed to the Member States. 

Done at Brussels, […] 

For the Council 
The President 
[…] 

EN 

9 

   EN 

 
 
 
 
(cid:207) 

ANNEX I 

Part A 

Repealed Directive with list of 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) 

Point II.A.65 of Annex I to the 1979 Act of Accession 
(OJ L 291, 19.11.1979, p. 64) 

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) 

Point V.F.I.A.60 of Annex I to the 1994 Act of 
Accession 
(OJ C 241, 24.8.1994, p. 155) 

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

Council Directive 2008/73/EC 
(OJ L 219, 14.8.2008, p. 40) 

Article 4 only 

Annex, point 46 only 

Article 3 only 

Article 11 only 

Annex III, point 23 only 

Article 2 only 

EN 

10 

   EN 

 
 
 
 
 
Part B 

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

Directive 

Time-limit for transposition 

77/504/EEC 

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 
in 
intra-Community 
particular  the  decisions  that  are 
successively  adopted  pursuant  to 
Article 6. 

trade,  and 

85/586/EEC 

91/174/EEC 

94/28/EC 

2008/73/EC 

1 January 1986 

31 December 1991 

1 July 1995 

1 January 2010 

_____________ 

EN 

11 

   EN 

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 

Article 4 

Article 4a 

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 7 

Article 8(1) and (2) 

Article 8(1) and (2) 

Article 8(3) 

Article 9 

________ 

________ 

Article 10 

________ 

________ 

________ 

________ 

Article 9 

Article 10 

Article 11 

Annex I 

Annex II 

_____________ 

EN 

12 

   EN