REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL on the exercise of the power to adopt delegated acts conferred on the Commission pursuant to Regulation (EU) 2016/1012 on zootechnical and genealogical conditions for the breeding, trade in and entry into the Union of purebred breeding animals, hybrid breeding pigs and the germinal products thereof (‘Animal Breeding Regulation’)
Date: 2024-01-19
Institutions: Directorate-General for Health and Food Safety, European Commission
Subjects: European Commission, animal breeding, breeding animal, delegated legislation, import (EU), livestock, powers of the institutions (EU), transfer of competence, veterinary inspection, zootechnics

EN 

  EN 

   EUROPEAN COMMISSION  Brussels, 19.1.2024  COM(2024) 16 final  REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL on the exercise of the power to adopt delegated acts conferred on the Commission pursuant to Regulation (EU) 2016/1012 on zootechnical and genealogical conditions for the breeding, trade in and entry into the Union of purebred breeding animals, hybrid breeding pigs and the germinal products thereof (‘Animal Breeding Regulation’)  
 
 
REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND 
THE COUNCIL 

on the exercise of the power to adopt delegated acts conferred on the Commission 
pursuant to Regulation (EU) 2016/1012 on zootechnical and genealogical conditions for 
the breeding, trade in and entry into the Union of purebred breeding animals, hybrid 
breeding pigs and the germinal products thereof (‘Animal Breeding Regulation’) 

1.  INTRODUCTION 

Regulation  (EU)  2016/1012  on  zootechnical  and  genealogical  conditions  for  the  breeding, 
trade in and entry into the Union of purebred breeding animals, hybrid breeding pigs and the 
germinal  products  thereof  ('Animal  Breeding  Regulation’)1  was  adopted  in  2016.  That 
Regulation entered into force on 19 July 2016 and applies from 1 November 2018.  

The  Regulation  has  replaced  eight  Council  Directives  (Council  Directives  87/328/EEC, 
88/661/EEC,  89/361/EEC,  90/118/EEC,  90/119/EEC,  90/427/EEC,  94/28/EC  and 
2009/157/EC)2 and a number of Commission Decisions adopted pursuant to those Directives, 
on breeding of cattle, pigs, sheep and goats, and equidae, and on imports of breeding animals. 
In  addition,  it  repeals  Directive  91/174/EEC3  (breeding  of  animals  of  other  species)  and 
Council Decision 96/463/EC4 designating a European Union reference centre. 

1  

2 

3 

4 

p. 

of 

the 

167, 

species 

species 

animals 

(OJ  L 

26.6.1987, 

Regulation  (EU)  2016/1012  of  the  European  Parliament  and  of  the  Council  of  8  June  2016  on 
zootechnical  and  genealogical  conditions  for  the  breeding,  trade  in  and  entry  into  the  Union  of 
purebred  breeding  animals,  hybrid  breeding  pigs  and  the  germinal  products  thereof  and  amending 
Regulation (EU) No 652/2014, Council Directives 89/608/EEC and 90/425/EEC and repealing certain 
acts in the area of animal breeding ('Animal Breeding Regulation’) (OJ L 171, 29.6.2016, p. 66) ELI: 
http://data.europa.eu/eli/reg/2016/1012/oj. 
Council Directive 87/328/EEC of 18 June 1987 on the acceptance for breeding purposes of pure-bred 
breeding 
54)  ELI: 
bovine 
http://data.europa.eu/eli/dir/1987/328/oj. 
Council  Directive  88/661/EEC  of  19  December  1988  on  the  zootechnical  standards  applicable  to 
breeding  animals  of 
(OJ  L  382,  31.12.1988,  p.  36)  ELI: 
the  porcine 
http://data.europa.eu/eli/dir/1988/661/oj. 
Council Directive 89/361/EEC of 30 May 1989 concerning pure-bred breeding sheep and goats (OJ L 
153, 6.6.1989, p. 30) ELI: http://data.europa.eu/eli/dir/1989/361/oj. 
Council  Directive  90/118/EEC  of  5  March  1990  on  the  acceptance  of  pure-bred  breeding  pigs  for 
breeding (OJ L 71, 17.3.1990, p. 34) ELI: http://data.europa.eu/eli/dir/1990/118/oj. 
Council  Directive  90/119/EEC  of  5  March  1990  of  hybrid  breeding  pigs  for  breeding  (OJ  L  71, 
17.3.1990, p. 36) ELI: http://data.europa.eu/eli/dir/1990/119/oj. 
Council  Directive  90/427/EEC  of  26  June  1990  on  the  zootechnical  and  genealogical  conditions 
(OJ  L  224,  18.8.1990,  p.  55)  ELI: 
intra-Community 
governing 
http://data.europa.eu/eli/dir/1990/427/oj. 
Council Directive 94/28/EC of 23 June 1994 laying down the principles relating to the zootechnical and 
genealogical  conditions  applicable  to  imports  from  third  countries  of  animals,  their  semen,  ova  and 
embryos and amending Directive 77/504/EEC on pure-bred breeding animals of the bovine species (OJ 
L 178, 12.7.1994, p. 66) ELI: http://data.europa.eu/eli/dir/1994/28/oj. 
Council  Directive  2009/157/EC  of  30  November  2009  on  pure-bred  breeding  animals  of  the  bovine 
species (OJ L 323, 10.12.2009, p. 1) ELI: http://data.europa.eu/eli/dir/2009/157/oj. 
Council Directive 91/174/EEC of 25 March 1991 laying down zootechnical and pedigree requirements 
for the marketing of pure-bred animals and amending Directives 77/504/EEC and 90/425/EEC (OJ L 
85, 5.4.1991, p. 37) ELI: http://data.europa.eu/eli/dir/1991/174/oj. 
Council  Decision  96/463/EC  of  23  July  1996  designating  the  reference  body  responsible  for 
collaborating in rendering uniform the testing methods and the assessment of the results for purebred 

equidae 

trade 

in 

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The  Regulation  consolidates,  simplifies  and  adapts  to  the  Lisbon  Treaty  the  majority  of 
provisions  laid  down  in  those  Directives  in  a  single  legal  framework,  in  the  form  of  a 
Regulation. In addition, it introduces provisions on official controls and activities to be carried 
out by Member States and the Commission. 

According  to  the  provisions  of  the  Regulation,  the  Commission  is  empowered  to  adopt  a 
number  of  delegated  and  implementing  acts.  It  also  imposes  on  the  Commission  the 
obligation to report to the co-legislators on the exercise of the delegated powers it contains.  

2.  LEGAL BASIS 

This  report  is  required  under  Article  61(2)  of  Regulation  (EU)  2016/1012.  Pursuant  to  this 
provision, the power to adopt delegated acts concerning the matters listed therein is conferred 
on  the  Commission  for  a  period  of  five  years  from  19  July  2016  and  the  Commission  is 
required to prepare a report in respect of the delegated power at the latest nine months before 
the end of the five-year period. 

As set out in Article 61(2), the Commission is empowered to adopt delegated acts referred to 
in Articles 26(1), 29(5), 30(9) and 32(1) of Regulation (EU) 2016/1012. 

Article 61(2) also lays down that the delegation of power shall be tacitly extended for periods 
of  an  identical  duration,  unless  the  European  Parliament  or  the  Council  opposes  such 
extension not later than three months before the end of each period, while Article 61(3) states 
that the delegation of power may be revoked at any time by the European Parliament or by the 
Council. 

3.  EXERCISE OF THE DELEGATION 

During  the  reporting  period,  the  Commission  exercised  its  delegated  powers  conferred  by 
Article 32(1) of Regulation (EU) 2016/1012, by adopting the following mandatory delegated 
act: 

•  Commission  Delegated  Regulation  (EU)  2017/1940  of  13  July  2017  supplementing 
Regulation (EU) 2016/1012 of the European Parliament and of the Council as regards the 
content and format of zootechnical certificates issued for purebred breeding animals of the 
equine species contained in a single lifetime identification document for equidae5. 

That  Delegated  Regulation  streamlines  the  zootechnical  certificate  for  purebred  breeding 
animals of the equine species, as regards content and administrative procedure, with the single 
lifetime identification document referred to in Article 114 of Regulation (EU) 2016/429 of the 
European  Parliament  and  of  the  Council  ('Animal  Health  Law')6.  The  single  lifetime 
identification document must accompany purebred breeding animals of the equine species at 
all times, including when they are moved within the Union. This Delegated Regulation was 
transmitted  to  the  European  Parliament  and  the  Council.  The  European  Parliament  and  the 
Council  did  not  request  an  extension  of  the  objection  period  and  raised  no  objections.  The 

5  
6 

of 

the 

animals 

breeding 
bovine 
http://data.europa.eu/eli/dec/1996/463/oj. 
OJ L 275, 25.10.2017, p. 1, ELI: http://data.europa.eu/eli/reg_del/2017/1940/oj. 
Regulation  (EU)  2016/429  of  the  European  Parliament  and  of  the  Council  of  9  March  2016  on 
transmissible  animal  diseases  and  amending  and  repealing  certain  acts  in  the  area  of  animal  health 
('Animal Health Law') (OJ L 84, 31.3.2016, p. 1) ELI: http://data.europa.eu/eli/reg/2016/429/oj. 

19)  ELI: 

2.8.1996, 

(OJ  L 

species 

192, 

p. 

2 

 
 
Delegated Regulation was published in the Official Journal on 25 October 2017, entered into 
force on 14 November 2017 and is applicable since 1 November 2018. 

By now the Commission has thus used one out of the four empowerments to adopt delegated 
acts as provided for in Regulation (EU) 2016/1012. The three remaining empowerments are 
not  mandatory.  They  concern  possible  amendments  of  Annex  III  [requirements  for 
performance  testing  and  genetic  evaluation],  Annex  IV  [requirements  for  and  tasks  of 
European Union reference centres] and Annex V [content of zootechnical certificates] to the 
Regulation.  These  three  Annexes  contain  a  large  number  of  technical  elements,  and  their 
adaptation  might  be  required,  inter  alia,  in  the  light  of  technical  developments,  scientific 
advances or the functioning of the internal market.  

So far, no amendments to those Annexes were required following technical developments or 
scientific  advances.  Neither  was  a  need  for  their  amendment  indicated  by  the  competent 
authorities of Member States or by stakeholders.  

4.  CONCLUSION 

The  Commission  has  duly  delivered  the  delegated  act  based  on  the  empowerment  provided 
for  in  Article  32(1)  of  Regulation  (EU)  2016/1012,  i.e.  Commission  Delegated  Regulation 
(EU)  2017/1940.  The  Commission  sees  a  need  to  maintain  that  empowerment  as  future 
amendments of that Delegated Regulation may be required. 

As  the  three  empowerments  concerning  delegated  acts  amending  Annexes  III,  IV  and  V  to 
Regulation  (EU)  2016/1012  are  clearly  linked  to  scientific  or  technical  advances,  the 
Commission  sees  the  need  to  maintain  all  those  empowerments  to  adopt  delegated  acts  as 
provided for in that Regulation. The possible need to develop and adopt delegated acts based 
on  those  empowerments  is  likely  to  arise  in  the  future.  It  is  important  to  maintain  the 
necessary flexibility in the legal framework, as technicalities in Annexes III, IV and V to the 
Regulation  might  need  to  be  updated  due  to  future  technical  developments  or  scientific 
advances, or in the light of the functioning of the internal market.  

With this report the Commission complies with the reporting requirement under Article 61(2) 
of Regulation  (EU) 2016/1012  and invites the European Parliament and  the Council to  take 
note of this report. 

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