CELEX: 51989PC0652
Language: en
Date: 1989-12-20
Title: PROPOSAL FOR A COUNCIL DIRECTIVE AMENDING DIRECTIVE 64/432/EEC AS REGARDS ENZOOTIC BOVINE LEUKOSIS

COMMISSION OF THE EUROPEAN COMMUNITIES
                                                        C0MC89) 652 final
                                                       Brussels, 20 December 1989
                                   Proposal for a
                                  Council Directive
         amending Directive 64/432/EEC as regards enzootic bovine leukosis
                            (presented by the Commission)
<& • J
 ---pagebreak---                                                                C*vu ^-ft
                           EXPLANATORY MEMORANDUM
Enzootic bovine leukosis Is cancer of the white cells of the blood of
cattle. It Is caused by a virus and may be a serious source of loss to
owners in herds where the disease has.become established.
Many   infected  Member   States   have   established   National  eradication
programmes and in fact some have nearly finished.
From 1 July 1990      Intra-Community   trade   In certain types of bovine
animals intended for breeding or production will be restricted to herds
that are enzootic leukosis free as defined, or which come from E.B.L.
free Member States or regions, which this proposal defines.
Article   4  of   Council   Directive    88/406/EEC   which   amends  Council
Directive 64/432/EEC as regards enzootic bovine leukosis requires that
the Commission makes a proposal to lay down the cirterla permitting a
Member State or region to be recognized as being free from enzootic
bovine leukosis and the conditions to be Implemented to guarantee the
maintenance of such status, as well as the rules applicable to trade
from  enzootic  bovine    leukosis   free   regions or   Member  States, the
attached Is designed to accomplish this.
The rules for Intra-Community trade from E.B.L. free herds, regions and
Member States will now be the same for all these situations, I.e. a
negative test 30 days before loading. However, It Is Intended to review
these rules at a later date.
In addition, it Is proposed to modify the provisions concerning the
delegation of competence by the Council to the Commission by deleting
the "contre-fI let" clause In the Regulatory Committee procedure.
There are no financial repercussions on the Community budget Involved.
 ---pagebreak---                                    Proposal
                                      for a
                               CounclI Directive
    amending Directive 64/432/EEC as regards enzootic bovine leukosis
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    Council     Directive    88/406/EEC (1 >, which      amends    Council
Directive   64/432/EEC    of  26   June   1964   on animal     health   problems
affecting   intra-Communlty    trade   in bovine animals and swine* 2 ),       as
                                               3
 last  amended   by   Directive   89/360/EEC^ ^, lays     down   common    health
guarantees regarding enzootic bovine leukosis as applicable to certain
categories of bovine animals Intended for Intra-Community trade which
will  apply from 1 July 199U;
Whereas Article 4 of Directive 88/406/EEC requires that proposals be
made to lay down the criteria permitting a Member State or part of the
territory   of  a Member    State to be recognized       as being     free   from
enzootic   bovine   leukosis and    the conditions     to be    Implemented    to
guarantee   the   maintenance   of   such   status,  as   well   as   the   rules
applicable to trade from such areas;
                                                                          .../...
<1> O.J. N # L 194, 22.07.1988. p. 1
<2> O.J. N # 121,     29.07.1964, p. 1977/64
<3) o.J. N* L 153. 06.06.1989, p. 29
 ---pagebreak---                                        2 -
Whereas from surveys carried out to dato it would appear that certain
Member   States and  regions are    free of enzootic bovine          leukosis and
whereas    it is necessary  to define, on a ComiTiunl ty basis, how           these
areas shall be established and the conditions under which they thai I be
maintained as being free of enzootic bovine leukosis and the conditions
 in relation to trade,
Whereas   the conditions   relating   to trade will   now be        the same for
bovines coming from enzootic bovine leukosis free herds, Memcer States
and regions;    whereas, however, it is intended to review these rules at
a Later date,
HAS ADOPTED THIS DIRECTIVE:
                                 ARTiCLS 1
Directive 64/432/EEC is hereby amended as follows:
1. Art icle 2 (S) is replaced by the follow in:::
    "(s) 'Enzootic bovine leukosis free herd' means:
    a herd which satisfies the conditions laid down in points A or B
    of Chapter I of Annex G"
2. At   the end of Article 12 the words      "save where         the Council   has
    decided by a s impie majority against the a 3 measures" are deleted.
3. At   the end of Article    13 the words ."s.v-. e v; !•*.-•. re the Cornell     haz
    decided by a simple majority against the;.:, msusure-o" are deleted.
4. The existing Annex G becomes Chapter II of Annex G.
5. The Annex to this Directive is inserted as Chapter I of Annex G.
                                                                            ../...     4
 ---pagebreak---                                   ART i CL. F ?
 Member   States  shall  bring   ir.to   f'orcj     ;.;•/   !:.vs,   r -J-JU ! a * ioric and
 administrative provisions necessary      to co;,;:..:, wi:i-, this Directive.- not
 later  than  1 July  19S0. They   shali     for wi":v;i (.h I'ir'orm    the Cv.i.Vils^lon
 thereof.
The provisions adopted pursuant to the first paragraph shall make express
 reference to this Directive.
                                 APTICLE 3
This Directive Is addressed to the Member States.
Done at Brussels,
                                                 For the Council
                                                 The President
 ---pagebreak---                                 ANNEX
                            "Chapter I
 Enzootic Bovine Leukosis free herds, Member States and regions
A. .Enzootic bovine leukosis free herd means a herd in which:
     (I)   there Is no evidence, either clinical or as a result of
            tests carried out       in accordance with Chapter        II of any
           case of enzootic bovine          leukosis nor has any such case
           been confirmed In the previous two years;
     (II)  the    animals    over   24 months     of   age   have,   during    the
           previous     12   months,    reacted    negatively    to   two    tests
           carried out in accordance with Chapter I I , at Intervals of
           at least four months or, In the case of a herd which has
           already      satisfied      that    requirement,      have     reacted
           negatively to a single test carried out In accordance with
           Chapter 11 ;
     (III) from the date of the first            Inspection, there are only
           animals born       In the herd, or which        have come from an
           enzootic bovine leukosis free herd.
B.   1. As and from the 1st April 1990 a herd may also be considered
        as enzootic bovine leukosis free if it Is situated within a
        Member   State or region of a Member States which has been
        declared as enzootic bovine leukosis free under the procedure
        laid   down   In Article      12 on    the   basis  of   the   following
        conditions:
        a) during the proceeding 2 years all bovine animals over 2
           years of age, In a random sample of at least 20% of the
           holdings     In   which    cows   are   habitually    kept,    In   the
           national or regional herd, must have reacted negatively to
           a test carried out in accordance with Chapter 11 of this
           Annex ;
        b) all   tumors    In the organs and        the  lymphatic    system    of
           bovines     must     be    notified     and    must    be    examined
           histologically       by   a   veterinary     laboratory    which     Is
           directly supervised by a laboratory mentioned In Chapter
           II and during the proceeding 3 years this procedure must
           jsmon-tratc that no lymphatic tumour has been caused by
           Infection with bovln-3 leukaemia virus;                                 ^
 ---pagebreak---                            - 5 -
c) the results of surveys previously carried out in the area
    concerned in respect of enzootic bovine leukosis shall be
    presented to the Commission. These surveys, based'on tests
    carried out on milk or blood and on tumour classification,
    must demonstrate, without prejudice to paragraphs a) and
    b), that when cases have been         Identified, that , they have
    been    related     to    specific     circumstances      and   that
    appropriate measures have been taken to ensure that they
    no longer pose a threat to the National or regional herd.
The status of      the herds within       the qualified     areas shall
continue    to   be  maintained      provided    that   the   conditions
continue to be fulfilled. Should a case of enzootic bovine
 leukosis be diagnosed during the course of these monitoring
procedures the status of the Member State or region shall be
Immediately    'withdrawn.     The   Member    State   concerned    must
immediately     Inform    the   Commission    and   the   other   Member
States.
The   matter   shall   be   referred    to  the   Standjng    Veterinary
Committee who shall assess the circumstances of the outbreak
and the Commission shall, under         the procedure      laid down  In
Article   12,   if the situation       justifies    it,   lay down   the
conditions under which the status may be regained."
                                                                         t
 ---pagebreak---              COMPETITIVENESS AND EMPLOYMENT IMPACT STATEMENT
     What is the main reason for Introducing the measure?
     To allow bovine herds In Member States or regions to be declared
     as enzootic bovine leukosis free by teslng a random percentage of
     20% of the herds.
 !.  Features of the businesses in question. In particular:
     a) Are they many SMEs?
          if farms are SMEs, then the answer is yes.
     b) Are they concentrated     in regions which are:
          i.   eligible for regional aid in the Member States?
               Some are.
          II. eligible under the ERDF?
               Yes.
 II.  What direct obligations does this measure Impose on businesses?
      None.
IV.   What indirect obligations are local authorities     likely to Impose
      on businesses?
      None .
v.    Are there     any   special  measures  in  respect of  SMEs?  Please
      spec i fy .
      No.
vi.   What is the likely effect on:
      a) the competitiveness of businesses?
           it will  improve the competitiveness of farms
     'b) empIoyment?
          May increase it slightly.
VII.  Have both sides of industry been consulted? Please indicate their
      op i n ions
      Not necessary.
 ---pagebreak---                                                                      ISSN 0254-3.475
                                                              COM(89) 652 final
                                                      DOCUMENT
EN                                                                               03
                                 Catalogue number : CB-CO-89-610-EN-C
                                                             ISBN 92-77-56124-6
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