CELEX: 51987PC0594
Language: en
Date: 1987-11-27
Title: PROPOSAL FOR A COUNCIL DIRECTIVE AMENDING DIRECTIVE 64/432/EEC AND REVOKING DIRECTIVE 80/1102/EEC AS REGARDS THE ARRANGEMENTS IN RELATION TO ENZOOTIC BOVINE LEUKOSIS

9.1.88                                   Official Journal of the European Communities                               No C 5/5
             Proposal for a Council Directive amending for the fifth time Directive 74/651/EEC on the tax
             reliefs to be allowed on the importation of goods in small consignments of a non-commercial
                                                character within the Community
                                                       COM(87) 583 final
                              (Submitted by the Commission to the Council on 1 December 1987)
                                                           (88/C5/05)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                            index for the Member States is 6,8 % for the period
                                                                    1 October 1985 to 30 September 1987;
Having regard to the Treaty establishing the European
Economic Community, and in particular Article 99                    Whereas the resulting amounts should be rounded off,
thereof,
                                                                    HAS ADOPTED THIS DIRECTIVE:
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Par-                                            Article 1
liament,
                                                                    Article 1 of Directive 74/651/EEC is hereby amended as
Having regard to the opinion of the Economic and                    follows:
Social Committee,                                                   (a) in paragraph 2(d), '100 ECU' is replaced by '110
                                                                         ECU';
Whereas Article 1 (4), of Council Directive 74/651/
EEC ('), as last amended by Directive 85/349/EEC (2),               (b) in paragraph 2a, '77 ECU' is replaced by '85 ECU'.
provides that every two years, and for the first time on
31 October 1987 at the latest, the Council, acting in                                        Article 2
accordance with the procedures laid down by the Treaty
in the matter, is to adjust the amounts of the reliefs               1.   Member States shall bring into force the measures-
referred to in paragraphs 2 and 2a of that Article in               necessary to comply with this Directive no later than
order to maintain real value;                                       1 November 1987.
Whereas, according to the survey conducted by the                   2.    Member States shall inform the Commission of the
Commission, the weighted average increase in the price              provisions which they adopt to implement this Directive.
                                                                                             Article 3
(') OJ No L 354, 30. 12. 1974, p. 57.
(2) OJNo L 183, 16. 7. 1985, p. 27.                                 This Directive is addressed to the Member States.
              Proposal for a Council Directive amending Directive 64/432/EEC and revoking Directive
                      80/1102/EEC as regards the arrangements in relation to enzootic bovine leukosis
                                                       COM(87) 594 final
                               (Submitted by the Commission to the Council on 3 December 1987)
                                                           (88/C 5/06)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                             Having regard to the opinion of the European Par-
                                                                     liament,
 Having regard to the Treaty establishing the European
                                                                     Having regard to the opinion of the Economic and
 Economic Community, and in particular Article 43
                                                                     Social Committee,
 thereof,
                                                                     Whereas Council Directive 64/432/EEC of 26 June
 Having regard to the proposal from the Commission,                  1964 on animal health measures affecting intra-
 ---pagebreak---  NoC5/6                                 . Official Journal of the European Communities                                                9.1:88
 Community trade in bovine animals and swine (*), as last            bovine leukosis w h e n these animals are entered into
 amended by Directive 87/489/EEC (2), lays down                      i n t r a - C o m m u n i t y t r a d e ; whereas a system has been set
 common health guarantees as applicable to bovine                    up, on a M e m b e r State or regional basis, to dispense
 animals intended for intra-Community trade; whereas                 with individual animal and herd tests which are some of
that Directive has been amended by Directives 80/1102/               these health g u a r a n t e e s , should the disease situation
 EEC (3) and 85/571/EEC (4) in respect, of enzootic                  w a r r a n t it;
bovine leukosis;
                                                                     W h e r e a s it is necessary                  to  include new tests  in
                                                                     C o m m u n i t y legislation;
Whereas Article 8 (2) of Directive 64/432/EEC provides
for the recognition of Member States able to give                    W h e r e a s these rules will facilitate the free m o v e m e n t of
adequate guarantees as regards enzootic bovine leukosis;             bovine animals in the C o m m u n i t y , and therefore increase
whereas, by Commission Decision 85/445/EEC of 31                     their value and productivity while reducing the risk of
July 1985 concerning certain animal health measures                  spread of disease,
with regard to bovine leukosis (5), certain Member States
were so recognised; whereas these Member States should
                                                                     HAS ADOPTED THIS DIRECTIVE:
continue to be so recognised, but it is also necessary to
establish the conditions for the recognition of other
Member States;                                                                                                Article 1
                                                                     Directive 64/432/EEC is hereby amended as follows:
Whereas it is necessary to consolidate the legislation               1. In Article 3 (2), point (j) is deleted.
applicable to trade and to take cognizance of the
favourable developing situation in relation to the disease           2. In Article 3 (3), point (d) is deleted.
and to implement further rules designed to govern trade
for a period of four years; whereas these rules must be              3. The following Article 4c is inserted:
reviewed, however, in the light of the measures necessary
for the completion of the internal market;                                  'Article 4c
                                                                           A. 1. As regards guarantees which are to be required
Whereas Directive 80/1102/EEC required Member                                         in respect of enzootic bovine leukosis for
States to implement a minimal eradication programme,                                  certain categories of bovine animals intended
where necessary; whereas the requirements laid down                                   for intra-Community trade, the following rules
therein form the basis of criteria necessary for the                                  shall apply:
provision of guarantees for intra-Community trade,
                                                                                      (a) Bovine animals intended for breeding and
which requirements should therefore form part of
                                                                                           production must:
Directive 64/432/EEC; whereas therefore Directive
80/1102/EEC can be repealed;                                                                 (i) where they are over 12 months of age,
                                                                                                   have reacted negatively to a serological
                                                                                                   test carried out in accordance with
                                                                                                   Annex G during the 30 days before
Whereas it is desirable that highly valuable pure-bred
                                                                                                   they are loaded,
bovines, as defined in Council Directive 77/504/EEC of
25 July 1977 concerning pure-bred bovine breeding                                           (ii) come from a herd in which no facts
animals (6) that are traded should originate in enzootic                                           have been brought to the notice of the
bovine leukosis-free herds;                                                                        official veterinarian which would lead
                                                                                                   him to conclude that a case of
                                                                                                   enzootic bovine leukosis has occurred
                                                                                                   within the three preceding years, and
Whereas it is necessary that bovines for breeding or
production that are intended for combining with disease-                                   (iii) come from a herd, the owner of which
free herds should also originate in one if they are traded;                                        has declared that he has no knowledge
                                                                                                   of such facts and has further declared
                                                                                                   in writing that the animal or animals
                                                                                                   intended for intra-Community trade
Whereas special health guarantees should be applicable
                                                                                                   have either been born and reared in
for certain categories of bovines intended for breeding or
                                                                                                   the said herd or have remained an
production to reduce the risk of spread of enzootic
                                                                                                   integral part of it for the previous 12
                                                                                                   months.
(') OJ No 121, 29. 7. 1964, p. 1977/64.
(2) OJ No  L 280,  3. 10. 1987, p. 28.                                                (b) Pure-bred breeding bovine animals, as
(3) OJ No  L 325', 1. 12. 1980, p. 18.                                                     defined in Article 1 of Directive 77/504/
(4) OJ No  L 372,  31. 12. 1985, p. 12.                                                    EEC, which are intended solely for repro-
O   OJ No  L 260,  2. 10. 1985, p. 18.                                                     ductive purposes and are highly valuable,
(*) OJ No  L 206,  12. 8. 1977, p. 8.                                                      must satisfy the conditions of paragraph (a)
 ---pagebreak--- 9.1.88                                   Official Journal of the European Communities                               No C 5/7
                above, and must also have been born and                          the national herd over two years of age
                reared in a herd in which all the animals                        must have reacted negatively to a test
                more than 24 months of age at the date of                        carried out in accordance with Annex G;
                the test have in the previous 24 months
                reacted negatively to a serological test                     (b) a tumour notification, identification and
                carried out in accordance with Annex G.                          classification system must have dem-
                                                                                 onstrated that no lymphatic tumour was
          (c) The additional guarantee mentioned in                              caused by infection with Bovine Leukaemia
                paragraph (b) above may also be required                         virus during the previous 12 months
                for bovine animals for breeding and                              (sampling procedures must be carried out
                production by Member States which are                            on at least one lymphatic tumour per
                applying a compulsory programme for the                          300 000 head of live cattle in the Member
                eradication of enzootic bovine leukosis,                         State or region); if, during the course of
                providing that the said bovines are intended                     such testing, an animal is found to be
                                                                                 affected with a leukotic tumour and the
                for combining with bovine herds all of
                                                                                 diagnosis of enzootic bovine leukosis is
                whose animals above 24 months of age
                                                                                 confirmed, the infected animals must be
                have undergone at least one serological test
                                                                                 removed       for   slaughter   under      the
                in accordance with Annex G in the
                                                                                 supervision of the veterinary authorities.
                preceding 24 months.
                                                                                 The herd must remain under official
                                                                                 control until such time as it has shown a
       2. The individual animal test provided for in                             negative reaction to at least three tests
          paragraph 1 (a) (i) above shall not be required                        carried out at six-monthly intervals on all
          if the bovine animals themselves:                                      cattle over 24 months of age and in
                                                                                 accordance with the requirements of Annex
          (a) come from a herd which fulfils the                                 G in a laboratory directly supervised by a
                guarantees mentioned in paragraphs 1 (a)                         laboratory mentioned in Annex C.
                (ii) and (iii) which has been tested in
                accordance with 1 (b) above, or                           5. Member States availing themselves of the
                                                                             possibility to dispense with individual animal
          (b) are male bovine animals or bullocks less                       and herd tests as provided for in paragraph 4
                than 30 months of age intended for meat                      above, shall submit to the Commission full
                production, provided that such animals are                   details of the results which form the basis of
                identified by a special mark when they are                   such justification.
                loaded and that the Member State of
                destination takes all measures to prevent                    Furthermore, not later than 30 June, the
                contamination of indigenous herds.                           Member State shall provide evidence to the
                                                                             Commission on an annual basis that:
       3. Countries of destination may grant to one or
          more exporting countries general authorization                     (a) during the preceeding 12 months, a random
          or authorizations restricted to specific cases for                     sample of at least 10 % of the bovines in
          the introduction into their territory of female                        the national herd over two years of age
          bovine animals less than 30 months of age                              have reacted negatively to a test carried out
          intended for meat production which have not                            in accordance with Annex G;
          been subject to a serological test, provided that
          such animals are identified by a special mark                      (b) the conditions of paragraph          (4)    (b)
          when they are loaded and that Member States                            continue to be fulfilled.
          of destination take all measures to prevent
          contamination of indigenous herds.                              6. The Commission shall inform the other
                                                                             Member States when it considers that a
       4. The requirement to carry out serological testing                   Member State has fulfilled the requirements of
          on individual bovines that are intended for                        paragraph 4 or 5 above.
          intra-Community trade and on their herds of
          origin, as required by paragraph 1 (a) (i) and               B. This Article shall apply until 31 December 1991.
           (b), in an exporting Member State or region of
           a Member State will be dispensed with provided                 The Commission shall submit to the Council
           it is justified on the basis of demonstrating an               before 31 December 1990 proposals concerning
           absence of enzootic bovine leukosis or that the                the definitive arrangements for the completion of
          prevalence of this disease is insignificant. Justi-             the internal market in respect of enzootic bovine
           fication shall be based on the following:                      leukosis.
           (a) over a period of two years a random                        The Council shall take a decision          on   these
                 sample of at least 20 % of the bovines in                proposals before 1 July 1991.'
 ---pagebreak--- NoC5/8                                   Official Journal of the European Communities                                    9.1.88
4. In Article 7 (1), point G is deleted.                                       (e) Conjugate — an antibovine           lmmuno-
                                                                                    globulin     biotinylated     or    enzyme
5. In Article 8 (2), the last subparagraph is deleted.                              conjugated or an anti-BLV          immuno-
                                                                                    globulin     biotinylated     or    enzyme
6. Article 8a is deleted.                                                           conjugated.
7. In Model I of Annex F:                                                      (f) Avidin — enzyme fo r assays using
                                                                                    biotynilated immunoglobulin preparations.
   (a) in the third indent of paragraph V (c), the figure                      (g) A substrate adapted to the enzyme used.
       '12' is replaced by the figure '24';
                                                                               (h) A stopping solution.
   (b) footnote 12 is replaced as follows:                                     (i) Buffered solutions for the dilution of the
       '(12) These conditions are only required in the                              test samples for preparations of the
              case of pure-bred breeding animals which                              reagents and for washing.
              are intended solely for            reproduction                  (j) A reading system with appropriate filters
              purposes and which are highly valuable, or                            corresponding to the substrate used.
              where the animals themselves are intended
              for combining with bovine herds all of                        2. Standardization and sensitivity of test
              whose animals above 24 months of age have                        The sensitivity of the ELISA assay used must
              undergone at least one serological test in a                     be of such a level that E4 serum is scored
              Member State applying a compulsory                               positive when diluted 10 times (serum samples)
              eradication programme.'                                          or 250 times (milk samples) more than the
                                                                               dilution obtained of individual samples when
8. The following shall be added to Annex G:                                    these are included in pools.
                                                                               In assays where samples (serum and milk) are
   'C. Enzyme-linked immunosorbent assay (ELISA) for
                                                                               tested individually E4 serum diluted 1 to 10 (in
       enzootic bovine leukosis
                                                                               negative serum) or 1 to 250 (in negative milk)
       1. For the ELISA method, the materials and                              must be scored positive when tested in the
          reagents to be used are as follows:                                  same assay dilution as used for the individual
                                                                               test samples.
           (a) Solid phase microplates, cuvettes or any
                other solid phase.                                             The E4 serum will be supplied by the National
           (b) The antigen is fixed to the solid phase with                    Veterinary Laboratory, Copenhagen.
               or without the aid of polyclonal or
               monoclonal catching antibodies. If antigen                                      Article 2
               is coated directly to the solid phase all test
                                                                    Directive 80/1102/EEC is hereby repealed.
               samples giving positive reactions have to be
               retested against control antigen. The
                                                                                               Article 3
               control antigen should be identical to the
               antigen except for the BLV antigens. If              Member States shall bring into force the laws, regu-
               catching antibodies are coated to the solid          lations and administrative provisions necessary to comply
               phase the antibodies must not react to               with this Directive not later than 1 January 1988. They
               other antigens other than BLV antigens.              shall forthwith inform the Commission thereof.
          (c) The biological fluid to be tested (serum or
               milk).                                                                          Article 4
          (d) A positive and negative control.                      This Directive is addressed to the Member States.