CELEX: 31979L0111
Language: en
Date: 1979-01-24 00:00:00
Title: Council Directive 79/111/EEC of 24 January 1979 amending Directive 64/432/EEC as regards brucellosis and prolonging, in respect of brucellosis, tuberculosis and swine fever, certain derogation measures granted to Denmark, Ireland and the United Kingdom

Avis juridique important

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31979L0111

Council Directive 79/111/EEC of 24 January 1979 amending Directive 64/432/EEC as regards brucellosis and prolonging, in respect of brucellosis, tuberculosis and swine fever, certain derogation measures granted to Denmark, Ireland and the United Kingdom  

Official Journal L 029 , 03/02/1979 P. 0026 - 0027 Greek special edition: Chapter 03 Volume 24 P. 0018  Spanish special edition: Chapter 03 Volume 15 P. 0122  Portuguese special edition Chapter 03 Volume 15 P. 0122 

****( 1 ) OJ NO 121 , 29 . 7 . 1964 , P . 1977/64 .  ( 2 ) OJ NO L 26 , 31 . 1 . 1977 , P . 81 .  ( 3 ) OJ NO C 289 , 2 . 12 . 1978 , P . 4 .  ( 4 ) OPINION DELIVERED ON 19 JANUARY 1979 ( NOT YET PUBLISHED IN THE OFFICIAL JOURNAL ).  ( 5 ) OPINION DELIVERED ON 19 DECEMBER 1978 ( NOT YET PUBLISHED IN THE OFFICIAL JOURNAL ).  ( 6 ) OJ NO L 15 , 19 . 1 . 1978 , P . 32 .  ( 7 ) OJ NO L 16 , 20 . 1 . 1978 , P . 22 .    COUNCIL DIRECTIVE   OF 24 JANUARY 1979   AMENDING DIRECTIVE 64/432/EEC AS REGARDS BRUCELLOSIS AND PROLONGING , IN RESPECT OF BRUCELLOSIS , TUBERCULOSIS AND SWINE FEVER , CERTAIN DEROGATION MEASURES GRANTED TO DENMARK , IRELAND AND THE UNITED KINGDOM  ( 79/111 / //  EEC )   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 PROBLEMS AFFECTING INTRA-COMMUNITY TRADE IN BOVINE ANIMALS AND SWINE ( 1 ), AS LAST AMENDED BY DIRECTIVE 77/98/EEC ( 2 ), AND IN PARTICULAR ARTICLE 4 ( A ) THEREOF ,   HAVING REGARD TO THE PROPOSAL FROM THE COMMISSION ( 3 ),   HAVING REGARD TO THE OPINION OF THE EUROPEAN PARLIAMENT  ( 4 ),   HAVING REGARD TO THE OPINION OF THE ECONOMIC AND SOCIAL COMMITTEE ( 5 ),   WHEREAS THERE SEEM TO BE GROUNDS FOR A HERD OF CATTLE TO BE DESCRIBED AS OFFICIALLY BRUCELLOSIS-FREE IF IT IS SITUATED IN A MEMBER STATE 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 WERE AUTHORIZED TO RETAIN , UNTIL 31 DECEMBER 1977 , THEIR NATIONAL PROVISIONS FOR DECLARING A HERD OF CATTLE OFFICIALLY FREE OF TUBERCULOSIS OR FREE OF BRUCELLOSIS ; WHEREAS THIS AUTHORIZATION WAS EXTENDED UNTIL 31 DECEMBER 1978 BY DIRECTIVE 78/51/EEC ( 6 );   WHEREAS , IN VIEW OF THE TIME REQUIRED TO PROVIDE SOLUTIONS TO BASIC TECHNICAL PROBLEMS , IT IS NECESSARY TO PROLONG BY SIX MONTHS THE DEROGATIONS BY VIRTUE OF WHICH THE NEW MEMBER STATES ARE AUTHORIZED TO RETAIN THE METHODS APPLIED IN THEIR TERRITORY FOR DECLARING A HERD OF CATTLE OFFICIALLY TUBERCULOSIS FREE OR , IN THE CASE OF IRELAND AND THE UNITED KINGDOM , BRUCELLOSIS-FREE WITHIN THE MEANING OF ARTICLE 2 OF DIRECTIVE 64/432/EEC ;   WHEREAS , FOR THE SAME REASON AND IN ORDER NOT TO INTERRUPT THE TRADITIONAL TRADE IN LIVE ANIMALS BETWEEN IRELAND AND THE UNITED KINGDOM , IT IS NECESSARY TO PROLONG FOR THE SAME PERIOD CERTAIN SPECIAL DEROGATIONS GRANTED IN RESPECT OF SUCH TRADE ;   WHEREAS AS REGARDS SWINE FEVER , DENMARK , IRELAND AND THE UNITED KINGDOM WERE ALSO AUTHORIZED , MOST RECENTLY UNDER DIRECTIVE 78/54/EEC ( 7 ), TO RETAIN THEIR NATIONAL PROVISIONS ON PROTECTION AGAINST THIS DISEASE ; WHEREAS ONLY COMMUNITY RULES ON SWINE FEVER CAN PROVIDE A DEFINITIVE SOLUTION TO THIS PROBLEM ; WHEREAS THESE RULES ARE BEING DRAWN UP ; WHEREAS 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   1 .  THE FOLLOWING PARAGRAPH SHALL BE ADDED TO ANNEX A ( II )  ( A ) OF DIRECTIVE 64/432/EEC :   ' 1A . A BOVINE HERD IS ALSO CONSIDERED TO BE OFFICIALLY BRUCELLOSIS-FREE IF :   -  IT IS SITUATED IN A MEMBER STATE IN WHICH , ON 1 JANUARY 1979 , NO CASE OF BOVINE BRUCELLOSIS HAS BEEN OFFICIALLY RECORDED FOR AT LEAST 10 YEARS ;   -  IT HAS THROUGHOUT THIS PERIOD SATISFIED THE PROVISIONS OF PARAGRAPH 1 ABOVE WITH THE EXCEPTION , PROVIDED THAT ALL THE BOVINE HERDS IN THE MEMBER STATE CONCERNED HAVE UNDERGONE REGULAR OFFICIAL TESTING , OF THOSE UNDER ( C ) ( II ). '   2 .  ARTICLE 2 ( E ) OF DIRECTIVE 64/432/EEC SHALL BE REPLACED BY THE FOLLOWING :   ' ( E ) OFFICIALLY BRUCELLOSIS-FREE BOVINE HERD : MEANS A BOVINE HERD WHICH SATISFIES THE CONDITIONS LAID DOWN IN ANNEX A ( II ) ( A ) ( 1 ) OR ( 1A ); ' .   ARTICLE 2   BY WAY OF DEROGATION FROM DIRECTIVE 64/432/EEC , DENMARK , IRELAND AND THE UNITED KINGDOM ARE HEREBY AUTHORIZED TO RETAIN THE METHODS APPLIED IN THEIR TERRITORY WHEREBY A HERD OF CATTLE BECOMES CONSIDERED TO BE OFFICIALLY TUBERCULOSIS-FREE , WITHIN THE MEANING OF ARTICLE 2 OF THAT DIRECTIVE .   THE PROVISIONS RELATING TO THE TESTS LAID DOWN FOR ANIMALS TRADED WITHIN THE COMMUNITY SHALL CONTINUE TO APPLY , SUBJECT TO ARTICLE 4 ( B ).   ARTICLE 3   BY WAY OF DEROGATION FROM DIRECTIVE 64/432/EEC , IRELAND AND THE UNITED KINGDOM ARE HEREBY AUTHORIZED TO RETAIN THE METHODS APPLIED IN THEIR TERRITORY WHEREBY A HERD OF CATTLE BECOMES CONSIDERED TO BE BRUCELLOSIS-FREE WITHIN THE MEANING OF ARTICLE 2 OF DIRECTIVE 64/432/EEC , SUBJECT TO THE APPLICATION OF THE PROVISIONS OF THAT 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 4 ( A ).   ARTICLE 4   CATTLE MAY BE TRADED FROM IRELAND TO THE UNITED KINGDOM BY WAY OF DEROGATION FROM THE PROVISONS OF DIRECTIVE 64/432/EEC RELATING TO :  ( 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 ABOVEMENTIONED RECEIVING MEMBER STATE .   ARTICLE 5   IN ARTICLE 3 OF DIRECTIVE 78/51/EEC , THE DATE ' 31 DECEMBER 1978 '  SHALL BE REPLACED BY ' 31 JANUARY 1979 ' .   IN ARTICLES 1 AND 2 OF DIRECTIVE 78/54/EEC , THE DATE ' 31 DECEMBER 1978 '  SHALL BE REPLACED BY ' 30 JUNE 1979 ' .   ARTICLE 6   ARTICLES 2 , 3 AND 4 SHALL APPLY FROM 1 FEBRUARY TO 30 JUNE 1979 .   ARTICLE 7   MEMBER STATES SHALL BRING INTO FORCE THE LAWS , REGULATIONS AND ADMINISTRATIVE PROVISIONS NECESSARY TO COMPLY WITH THIS DIRECTIVE AND SHALL FORTHWITH INFORM THE COMMISSION THEREOF .   ARTICLE 8   THIS DIRECTIVE IS ADDRESSED TO THE MEMBER STATES .   DONE AT BRUSSELS , 24 JANUARY 1979 .   FOR THE COUNCIL   THE PRESIDENT   J . FRANCOIS-PONCET