CELEX: 51993PC0497
Language: en
Date: 1993-10-18
Title: Proposal for a COUNCIL DIRECTIVE laying down the principles relating to the zootechnical and genealogical conditions applicable to imports from third countries of animals, their semen, ovules and embryos

COMMISSION OF THE EUROPEAN COMVIUNITIES
                                            COM(93) 497 final
                                            Brussels, 18 October 1993
i
I                            Proposal for a
S•
J                          COUNCIL DIRECTIVE
        laying down the principles relating to the zootechnica
           and genealogical conditions applicable to imports
         from third countries of animals, their semen, ovules
                              and embryos
i                    (presented by the Commission)
 ---pagebreak---                              EXPLANATORY MEMORANDUM
 In connection with harmonizing zootechnical and genealogical rules, the
Council has adopted:
     Directive 77/504/EEC on pure-bred breeding animals of the bovine
     species.1
     Directive 88/661/EEC on the zootechnical standards applicable to
     breeding animals of the porcine species.2
     Directive 89/361/EEC concerning pure-bred breeding sheep and goats. 3
     Directive 90/427/EEC on the zootechnical and genealogical conditions
     governing intra-Community trade in equidae.4
     Directive 91/174/EEC laying down zootechnical and pedigree requirements
     for the marketing of pure-bred animals and amending
     Directives 77/504/EEC and 90/425/EEC.5
These rules are valid solely in respect of intra-Community trade or for the
marketing of these animals on Community territory.
With a view to harmonizing import rules, principles need to be laid down at
Community   level relating to the zootechnical and genealogical conditions
applicable to imports of these animals, their semen, ovules and embryos.
These imports will have to be subject to similar requirements to those
which apply in respect of Community production.
Provision is made in particular for:
     the establishment of approved third country authorities,
     the requirement of a genealogical and zootechnical certificate,
     conditions relating to entry or registration in a herd book or
     register.
Tne rules in Directives 91/496/EEC6 and 90/675/EEC7 will be applicable as
  égards inspection.
1    Go No L  206 of 12.8.1977, p. 8.
2    0J No L  382 of 31.12.1988, p. 36.
3    0J No L  153 of 6.6.1989, p. 30.
4    0J No L  224 of 18.8.1990, p. 55.
5    0J No L  85 of 5.4.1991, p. 37.
6    0J No L  268 of 24.9.1991, p. 56.
7    0J No L  373 of 31.12.1990, p. 1.
 ---pagebreak--- The purpose of the proposed nsgasure it to lay down the principes go e". =^
imports of pure-bred animals into the Community. This has already been den»
for intra-Community trade.
By virtue of the objectives of the proposed measure, which form part of the
single market, the Community has exclusive responsibility for the measure.
To comply with the objectives of the measure, rules need to be adopted,
setting out the general objectives, in the form of a Directive.
Implementation will be a matter for the Member States, without prejudice to
the adoption of rules of application by the Commission in accordance with
the advisory committee procedure (procedure 1 ) .
 ---pagebreak---                                       - 2> -
                                      Proposal
                                    for a
                              CounciI Direct ive
          laying down the principles relating to the zootechnica
             and genealogical conditions applicable to imports
            from third countries of animals, their semen, ovules
                                 and embryos
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
and in particular Article 43 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,
Whereas the rearing of pure-bred animals is generally part of normal
farming activities; whereas they constitute a source of income for a
proportion of the farming population;
Whereas pure-bred animals, as live animals, are included in the list in
Annex II to the Treaty;
Whereas as far as all animals, and particularly as far as the bovine,
porcine, ovine, caprine species and equidae, are concerned, rules
harmonized at Community level relating to the zootechnical and genealogica
conditions governing intra-Community trade or their marketing have been
drawn up;
 ---pagebreak---                                              LL -
                                              I
Whereas, in this context, the Council has adopted Directive ~:"7/£0*;/E'-X c
pure-bred breeding animais o- the bovine species1, last amen?o. by
Directive 91/174/EEC5, Directive 80/6G1/EEC on the zootechnical standard;
applicable to br-eding animais of the porcine species2, DirscUve
89/361/EEC concerning pure-bred bre6ding sheep and goats'', Directive
S0/427/EEC on the zootechnical and genealogical conditions governing intra-
Community treds in equidae4 and Directive 91/174/EEC laying down
zootechnical and pedigree requirements for the marketing of pure-bred
animals and amending Directives 77/504/EEC and 90/425/EEC5;
Whereas, in order especially to ensure rational development of the rearing
of pure-bred livestock and thus inc ease 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 from third countries;
Whereas the Commission should be entrusted with the responsibility of
adopting implementing measures in certain fields of a technical nature,
HAS ADOPTED THIS DIRECTIVE:
                                  Art icle 1
1.  This Directive lays down the principles relating to the zootechnical
    and genealogical conditions applicable to imports from third countries
    of animals, semen, ovules and embryos which are covered by
    Directives 77/504/EEC, 88/661/EEC, 89/361/EEC, 90/427/EEC and
    91/174/EEC.
2.  This Directive shall apply without prejudice to the Community animal
    health rules applicable to imports from third countries of animals and
    products as referred to in paragraph 1.
1   OJ No L 206 of 12.8.1977, p. 8.
2   OJ No L 382 of 31.12.1988, p. 36
3   0J No L 153 of 6.6.1989, p. 30..
4   OJ No L 224 of 18.8.1990, p. 55.
5   OJ No L 85 of 5.4.1991, p. 37.
 ---pagebreak---                                         - t> "
                                 Art icle 2
1. For the purposes of this Directive, "authorities" means any
   organization, stockrearing organization, breeders' association, private
   undertaking or official service which is permitted, in respect of the
   species concerned, to keep a herd book or register    in accordance with
   the relevant provisions of Directives 77/504/EEC, 88/661/EEC,
   89/361/EEC, 90/427/EEC and 91/174/EEC.
2. Furthermore, the definitions in Article 2 of Directives 77/504/EEC,
   88/661/EEC, 89/361/EEC, 90/427/EEC and 91/174/EEC shall be applicable
   if necessary.
                                 Art icle 3
1. A list of authorities of third countries approved for the purposes of
   this Directive shall be drawn up, in accordance with the procedure laid
   down in Article 11, in respect of the animals and products referred to
   in Article 1(1) and for each third country.
2. In order to appear on the list provided for in paragraph 1, the third
   country authority must:
   (a) appear on a list drawn up by the competent authorities of the third
       country and communicated to the Commission;
   (b) comply, in the case of each species, with the relevant    requirements
        laid down by Community legislation for authorities approved   in the
       Community and in particular::
            the provisions applicable to entry and registration in herd
            books or registers,
            the provisions applicable to the acceptance of animals for
            breeding purposes,
            the provisions applicable to the use of semen, ovules and
            embryos of animals,
            the methods used to check performance and assess the genetic
            value of animals,
   (c) be supervised by an official   inspection service of the third
       country.
 ---pagebreak---                                                      Art icle 4
To be imported, animals as referred to in Article 1 must:
         be entered or registered in a herd book or register kept by an
         authority named on a list as referred to in Article 3 ( 1 ) ,
         be accompanied by a pedigree and zootechnical certificate to be drawn
         up in accordance with the procedure laid down in Article 11,
         be accompanied by evidence that they are going to be entered or
         registered in a Community herd book or register.
  '"• f ' : <^    " '-•' '       - ' >JL   nc t..u~  Article grr   ' t;    ^ *r. * *•.. .:.
     ''.','••;.•'•"';' .)».•.'-•''' . - jtfio' -^vy-     "'wunity »oVf-l <..
To be imported, semen as referred to in Article 1 must:
t h •
         come from an animal which is entered or registered                  in a herd book or
         register kept by an authority shown on one of the lists referred to in
        Article 3(1);
         come from an animal which has undergone the performance checks and
        genetic value assessment to be determined in accordance with the
        procedure laid down in Article 11;
        be accompanied by a pedigree and zootechnical certificate to be drawn
        up in accordance with the procedure laid down in Article 11.
                                                     Art icle 6
To be imported, ovules as referred to in Article 1 must:
        come from an animal which is entered or registered                   in a herd book or
        register kept by an authority shown on one of the lists referred to in
        Article 3 ( 1 ) ;
        be accompanied by a pedigree and zootechnical certificate to be drawn
        up in accordance with the procedure laid down in Article 11.
 ---pagebreak---                                   Article 7
To be imported, embryos as referred to In Article 1 must:
    come from an animal which is entered or registered in a herd book or
    register kept by an authority shown on one of the lists referred to in
    Article 3(1);
    be accompanied by a pedigree and zootechnical certificate to be drawn
    up in accordance with the procedure laid down in Article 11.
                                  Article 8
1.  The provisions of Council Directive 91/496/EEC of 15 July 1991 laying
    down the principles relating to the organization of veterinary
     inspections for animals from third countries and amending
    Directives 89/662/EEC, 90/425/EEC and 90/675/EEC1, as last amended by
    Directive 92/438/EEC2, shall be applicable in respect of animals as
    referred to in Article 1(1).
2.  The provisions of Council Directive 90/675/EEC of 10 December 1990
     laying down principles relating to the organization of veterinary
    checks in respect of products from third countries brought into the
    Community3, as last amended by Directive 92/438/EEC, shall be
    applicable in respect of semen, ovules and embryos as referred to in
    Article 1(1).
3.   If necessary, specific detailed implementing rules for the purposes of
    the zootechnical checks resulting from this Article shall be adopted in
    accordance with the procedure laid down in Article 11.
1   OJ No L 268 Of 24.9.1991, p. 56.
2   OJ No L 243 Of 25.8.1992, p. 27.
3   OJ No L 373 of 31.12.1990, p. 1.
 ---pagebreak---                                     - s-
                                 Article 12
Member States shall bring into force the laws, regulations and
administrative provisions necessary to comply with this Directive no later
than 1 June 1994. They shall notify the Commission thereof.
When Member States adopt these provisions, they shall contain a reference
to this Directive or shall be accompanied by such reference on the occasion
of their official publication. The methods of making such a reference shall
belaid down by the Member States.
                                 Article 13
This Directive is addressed to the Member States.
Done at Brussels                                For the Council
 ---pagebreak---                                                                      ISSN 0254-1475
                                                              COM(93) 497 final
                                                      DOCUMENTS
ËN                                                                         06 03
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                                                             ISBN 92-77-59809-3
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