CELEX: 51979PC0785
Language: en
Date: 1980-01-11
Title: PROPOSAL FOR A COUNCIL REGULATION ( EEC ) RELATING TO THE ZOOTECHNICAL STANDARDS APPLICABLE TO BREEDING ANIMALS OF THE PORCINE SPECIES

N o C 44/12                        Official Journal of the European Communities                            21.2.80
                                                         II
                                                  (Preparatory Acts)
                                            COMMISSION
              Proposal for a Council Regulation relating to the zootechnkal standards applicable to
                                       breeding animals of the porcine species
                          (Submitted by the Commission to the Council on 25 January 1980)
THE COUNCIL OF THE EUROPEAN                                   disparities are also to be found in respect of these
COMMUNITIES,                                                  animals;
Having regard f.o the Treaty establishing the
European Economic Community, and in particular               Whereas, if these disparities are to be removed,
Article 43 thereof,                                           thereby increasing agricultural productivity in this
                                                              sector, intra-Community trade in all breeding pigs
                                                              must be progessively liberalized;
Having regard to the proposal from the Commission,
                                                             Whereas it must be possible for Member States to
Having regard to the opinion of the European Par-             require pedigree certificates drawn up in accordance
liament,                                                     with a Community procedure to be presented;
Having regard to the opinion of the Economic and             Whereas implementing measures in certain technical
Social Committee,                                             areas should be taken; whereas, for the application of
                                                              such measures, a procedure should be laid down
Whereas pig production occupies a very important              establishing close cooperation between Member States
place in Community agriculture and whereas satis-             and the Commission within the Standing Committee
factory results depend to a large extent on the use of        on Zootechnics set up by Council Decision
pure-bred breeding animals;                                   77/505/EEC ('); whereas, until such implementing
                                                              measures are adopted, the provisions at present in
Whereas most Member States have hitherto                      force in the areas in question should remain
endeavoured, as part of their national breeding               unchanged;
policies, to promote the production of livestock of a
limited    number    of    breeds    meeting    specific
zootechnical standards; whereas the breeds and                Whereas it must be ensured that breeding pigs cannot
standards vary from one Member State to another;              be imported from non-member countries subject to
whereas these disparities hinder intra-Community              conditions which are less severe than those applied
trade;                                                        within the Community,
Whereas the production of hybrid pigs has become
fairly widespread in the Community; whereas                  O OJ No L 206, 12. 8. 1977, p. 11.
 ---pagebreak--- 21.2.80                             Official Journal of the European Communities                  '       No C 44/13
HAS ADOPTED THIS REGULATION:                                                            Article 2
                                                                The following shall not be prohibited, restricted or
                                                                impeded on zootechnical grounds, provided that the
                                                                requirements of this Regulation and the measures to
                           Article 1                            be adopted pursuant to Article 6 are met:
For the purposes of this Regulation, the following              — intra-Community trade in pure-bred and hybrid
definitions shall apply:                                            breeding pigs,
(a) pure-bred breeding pig: any animal of the porcine           — intra-Community trade in the semen and embryos
     species the parents and grandparents of which are              of pure-bred or hybrid breeding pigs,
     entered or registered in a herd-book of the same
    breed and which is itself entered or registered and
                                                                — the establishment of herd-books, provided that
     eligible for entry in such a herd-book;
                                                                    they comply with the requirements laid down
                                                                    pursuant to Article 6,
(b) hybrid breeding pig: any animal of the porcine
     species which:
                                                                — the recognition of breeders' associations or
                                                                    breeding undertakings which maintain herd-books
     1. is produced by deliberate cross-breeding:                    in accordance with Article 6.
         — between animals of different breeds or
             lines,
                                                                                        Article 3
         — between animals whieh are themselves the
             outcome of a cross between diffefent               Member States may require or allow that certain
             breeds or lines,                                   imported pure-bred breeding pigs dispatched from
                                                                another Member State and having specific charac-
         — between pure-bred animals and animals                teristics rendering them different from the population
             belonging to either of the abovementioned          of the same breed to be found in the Member State of
             categories;                                        destination be entered in a separate section of the
                                                                herd-book for the breed to which they belong.
     2. is entered in a herd-book;
(c) herd-book:      any   book,    register,  file or  data
                                                                                        Article 4
     medium:
                                                                Breeders' associations officially recognized by a
     — which is maintained by a breeders' association
                                                                Member State may not oppose the entering in their
         or a breeding undertaking officially recog-
                                                                herd-books of pure-bred breeding pigs from other
         nized by the Member State in which the
                                                                Member States, provided that they satisfy the
         breeders' association or breeding undertaking
                                                                requirements laid down in accordance with Article 6.
         was constituted, and
                                                                Breeding undertakings shall be subject to the same
                                                                requirement in respect of the entering of hybrid
     — in which pure-bred or hybrid breeding pigs               breeding pigs.
         are entered or registered with mention of their
          ancestors;
 (d) official recognition: that which is granted by the                                 Article 5
      Member State:
                                                                 Member States may require that pure-bred pigs and
      1. to breeders' associations and breeding under-           the semen or embryos of such animals be
         takings which maintain herd-books,                      accompanied, in intra-Community trade, by a
                                                                 pedigree certificate which complies with a specimen
      2. to breeding undertakings which maintain their           drawn up in accordance with the procedure laid
         own books under the control and respon-                 down in Article 7, particularly with regard to
         sibility of a recognized breeders' association.         zootechnical performance.
 ---pagebreak---  No C 44/14                           Official Journal of the European Communities                            21.2.80
                          Article 6                            2. Within the Committee the votes of Member
                                                               States shall be weighted as provided for in Article 148
 1. The following shall be determined in accordance            (2) of the Treaty. The chairman shall not vote.
with the procedure laid down in Article 7:
                                                               3. The representative of the Commission shall
— performance monitoring methods and methods                  submit a draft of the measures to be adopted. The
    for assessing pigs' genetic value,                        Committee shall deliver its opinion on such measures
— the criteria governing the recognition of breeders'         within a time limit set by the chairman according to
    associations and breeding undertakings,                   the urgency of the matters concerned. Opinions shall
                                                              be delivered by a majority of 41 votes.
— the criteria governing the establishment of herd-
    books,                                                    4. The Commission shall adopt the measures and
— the criteria governing entry in herd-books,                 apply them immediately where they are in accordance
                                                              with the opinion of the Committee. Where they are
— where necessary, requirements in respect of                 not in accordance with the opinion of the Committee
    service and artificial insemination.                      or if no opinion is delivered, the Commission shall
                                                              without delay propose to the Council the measures to
2. Until the entry into force of the provisions               be adopted.
provided for in the first, second and third indents of
paragraph 1:                                                  The Council shall adopt the measures by a qualified
                                                              majority.
(a) the checks referred to in the first indent of
    paragraph 1 officially carried out in each Member         If, within three months from the date on which the
     State and herd-books currently in existence shall        proposal was submitted to it, the Council has not
    be recognized by other Member States;                     adopted any measures, the Commission shall adopt
                                                              the proposed measures and apply them immediately.
(b) the recognition of breeders' associations and
    breeding undertakings shall continue to be
    governed by the rules at present in force in each                                 Article 8
    Member State;
(c) the establishment of new herd-books shall                 Pending the implementation of Community rules on
    continue to meet the conditions currently in force        the subject, the zootechnical conditions applicable to
    in the Member States.                                     imports of pure-bred breeding pigs from non-member
                                                              countries must not be more favourable than those
                                                              governing intra-Community trade.
                         Article 7
 1. Where the procedure laid down in this Article is                                  Article 9
to be used, matters shall without <lelay be referred by
the chairman, either on his own initiative or at the          This Regulation shall enter into force on
request of a Member State, to the Standing
Committee on Zootechnics (hereinafter referred to as          This Regulation shall be binding in its entirety and
'the Committee') set up by Decision 77/505/EEC.               direcdy applicable in all Member States.