CELEX: 51978PC0597
Language: en
Date: 1978-11-13
Title: PROPOSAL for COUNCIL DIRECTIVE on brucellosis, tuberculosis and swine fever and prolonging certain derogations granted to Denmark, Ireland and the United Kingdom (Submitted by the Commission to the Council)

ARCHIVES HISTORIQUES
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DOCUMENTS "COM"
COM (78) 597
Vol. 1978/0228
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                            COM(78)597 final
                                            Brussels , 13 November 1978
                                        j* * f
                                    PROPOSAL .  :
                                    for
                               COUNCIL DIRECTIVE
                 on brucellosis , tuberculosis and swine fever,
                 and prolonging certain derogations granted to
                 Denmark . Ireland and the United Kingdom
                  (Submitted V the Commission to the Council )
 COM(78 ) 597 final
 ---pagebreak---                          EXPLANATORY MEMORANDUM
Under Article 104 of the Treaty of Accession and the provisions prolonging
its effects , Denmark , Ireland and the United Kingdom were authorized to
retain , until the end of 1978 , their national rules for declaring a herd
of cattle officially free of tuberculosis or brucellosis-free and on
protection against swine fever .    The same Article introduced certain
derogations to existing Community provisions in order to maintain traditional
trade between Ireland and the United Kingdom .
The present situation now makes it possible as far as brucellosis is concerned ,
to maVe. a start in providing for a final solution by permitting a herd from
a region where there has been no case of brucellosis for at least ten years
                 m
to be declared officially brucellosis-free .    This provision deals with the
situation in Denmark .    In the case of Ireland and the United Kingdom some
technical difficulties still have to be solved and therefore the derogations
should be prolonged .   The same applies to the solution of two specific
problems ( use of tuberculins and the status of castrated cattle in trade
between the two countries ).
                                                                0
As regards tuberculosis and swine fever , the final sol     ion to the technical
problems depends essentially on Community rules which a : e being drawn up at
present and therefore the derogations granted to Denmark , Ireland and the
United Kingdom should be prolonged by one year .    However , for the latter two
States it is now possible to limit the derogation to the standards for the
manufacture and use of tuberculins .
 ---pagebreak---                                                                     5117 / VI / 78-EN rev. 1
                                    Proposal for
                                Council Directive of ...
             on brucellosis / tuberculosis and swine fever and prolonging
             certain derogations granted to Denmark / Ireland and the United Kingdom
  THE COUNCIL OF THE EUROPEAN COMMUNITIES /
-Having regard to the Treaty establishing the European Economic Community and in
 particular Articles 43 and 100 thereof .
  Having regard to Council Directive 64 / 432 / EEC of 26 June 1964 on animal health
•      ■ <      « « . «   • .   »     • .     i  • i  •     »  i     •     ■    ( 1I )/
                                                                                \
 problems affecting intra-Community trade in bovine animals and swine                   / as last
  amended by Directive 77 /98 /EEC ^* and in particular Article 4a thereof /
 Having regard to the proposal from the Commission /
                        *
  Having regard to the Opinion of the European Parliament /
 Having regard to the'Opinion of the Economic and Social Committee / ' )
                                                                             1
  Whereas it seems justified to relax the provisions of Directive 64 / 432 / EEC
  relating tobrucellosis ; whereas , in particular , it is reasonable for cattle
  to be described as qfficially brucellosis-free when they are !n an area which
  has been completely free of the disease for a long period ;
  Whereas under Article 104 ( 3 ) of the Act of Accession , Denmark , Ireland and
  the United Kingdom are authorized to retain, until 31 December 1977 , their
  national provisions for declaring a herd of cattle officially free of
  tuberculosis or free of brucellosis; iwhereas this authorization was extended until
  31 December 1978 by Council Directive 78/51 /EEC of 13 December 1977'3;~1 _                     -
    1 > 0.j:-No 121 , 29.7.1964, p . 1977/64
   (2>0.J. No L 26, 31.1.1977, p. 81
   (3> 0.J. No L 15/ 19.1.1978, p . 32
 ---pagebreak---                                    - 2 -
whereas as regards tuberculosis , in view of the time needed to provide solutions-
to basic technical problems on which the Commission has undertaken studies which
are not yet complete / it is necessary to retain for one year a               number of
limited derogation provisions for Ireland and the United Kingdom regarding the
standards for manufacture and use of tuberculins ; whereas as regards brucellosis ,
it is also necessary for the same reasons to prolong by one year the derogations
granted to Ireland and the United Kingdom while permitting them , to continue to
benefit , for the same period, from the derogations which have been specially
granted 1n order to prevent any interrupt ion In traditional trade between these
two countries ;
Whereas as regards swine fever , Denmark , Ireland and the United Kingdom have
also been authorized by the provisions referred to above to retain their national
provisions on protection against this disease ;      whereas only Community rules on
swine fever can provide a final solution to this problem ;        whereas these rules
are being drawn up and ' the derogations granted to the three Member States
 referred to above should therefore be prolonged for a period of one year in order
 to enable the Council to adopt common rules in this field . .
 HAS ADOPTED THIS DIRECTIVE :
                                    Article 1
 In Article 2 of Directive 64 / 432 / EEC the following point o ) shall be added :
 "o> Region : means that .part of the territory of a Member State the approximate
     •area of which is more than 2,000 Km^ And which is under the control of the
      competent authorities and which includes at least one of the following
      administrative areas :
                       - Belgium    :       Provinces / Provincies
                       - The Federal Republic of Germany : Regier ungsbezi rke
                       - Denmark    :       Amter t>r der
                       - France     :        Départements
                       - Italy      :       Province
                       - Luxembourg :
 ---pagebreak---                                     - 3 -
                          - Metherlands     t  •  Provincies
                          - United Kingdom :      Counties for England , Wales and
                                                  Northern Ireland and districts and
                                                  Islands Area for Scotland
                          - Ireland         ;     Counties "
                                      Article H
1 . The following paragraph 1a is added to Anne * A II A 1              of Directive
     64 / 432 / EEC :
    ""A bovine herd is also considered to be officially brucellosis free if
®      - it is situated in a region in which , on 1 January 1979 , no case of bovine
          brucellosis has been officially notified for at least 10 years ;
       - it has satisfied the provisions of paragraph 1 above except those under c )
          ii >, provided that all the bovine herds in the region concerned have been
          subjected to regular official tests /
 2 o In Article 3 of Directive 64 / 432 / EEC , the following paragraph 13 shall be
      added ;                                                   .            '
      " In derogation from Annex A II A.1 ( cXii ) and 1a , it may be decided , under
        the procedure laid down in Article 12 , that in a Member State or. in a reaion of
                                                                               - .    .       »
        a Member State where at least 99.8% of the bovine herds have been declared
        officially brucellosis-free in conformity with Community rules for at least
       ten years , the inspection tests for determining whether this status is to be
       preserved may be carried out under conditions to be specified under the
        same procedure ."
                                      Article 3
  Until 31 December 1979 by way of derogation from the Directive 64 / 432 / EEC S
  - Denmark is authorised to retain the methods applied in its territory for
    declaring a herd of cattle officially free of tuberculosis ;
  - Ireland and the United Kingdom are authorised to retain the standards for
     manufacture and use of tuberculins applied in their territory for declaring
     a herd of cattle officially free of tuberculr ^ s .
     Bovine herds in Ireland and the United Kingdom -» hich have been declared as offi -    !
     cially tuberculosis-free " by way of National ».v 3 * bods on the 31 December 1978 may
     maintain this qualification in the application vf Annex A.I. of Directive 64 / 432 / EE'
  The provisions relating to the tests laid down for rrim-ls traded within the
   Community shall continue to apply subject to the provis ons of Article 5 b )."
 ---pagebreak---                                     - 4 -
                                    Article 4
Until 31st December 1979 by way of derogation from Directive 64 / 432 / EEC ,
Ireland and the United Kingdom are hereby authorised to retain the methods
applied in their territory for declaring a herd of cattle
brucellosis -free within the meaning of Article 2 of the Directive, subject to
the application of the provisions of the Directive relating to the presence
of animals vaccinated against brucellosis .
The provisions relating to the tests laid down for animals traded within the
Community shall continue to apply, subject to Article 5 ( a ).
                                     Article 5
Until 31st December 1979 cattle may be traded from Ireland to the United Kingdom
by way of derogation from the provisions of Directive 64 /432 /EEC relating to :
                      Φ
 a) the brucellosis test laid down for animals traded within the Community which
      shall not apply to trade in castrated cattle;
 b) the intradermal tuberculin test laid down for animals traded within the
      Community which shall be replaced by a test in accordance with the national
      rules of the above-mentioned receiving Member State ,
                                     Article 6
 1 . In Article 1 of Council Directive 78/54/EEC 4, the date "31 December 1978"
       is replaced by " 31 December 1979". .        ...
                                                    I   .
                                            _ . . –
  2 . In Article 13 of Council Directive 72 /A61 /EEC 5/ as last amended by Directive
       78/ 54 /EEC the date "31 December 1978" us replaced by "31 December 1979".
     4> 0.J. No L 16, 20.1.1978, p. 22
   C5) 0.J. No L 302, 31.12.1972, p. 24
 ---pagebreak---                              Article 7
Member States shall bring into force the laws , regulations and administrative
provisions necessary to comply with this Directive by 1 January 1979 and shall
forthwith inform the Commission thereof .
                             Article 8
This Directive is addressed to the Member States .
Done at Brussels ,                                   For the Council ,
                                                     The President