CELEX: 51986PC0557
Language: en
Date: 1986-10-21
Title: PROPOSAL FOR A COUNCIL DECISION INTRODUCING A SUPPLEMENTARY COMMUNITY MEASURE FOR THE ERADICATION OF BRUCELLOSIS, TUBERCULOSIS AND LEUKOSIS IN CATTLE

No C 292/2                                   Official Journal of the European Communities                                  18. 11. 86
                                                                     II
                                                            (Preparatory Acts)
                                                      COMMISSION
               Proposal for a Council Decision introducing a supplementary Community measure for the
                                      eradication of brucellosis, tuberculosis and leukosis in cattle
                                                           COM(86)      557final
                                  (Submitted by the Commission to the Council on 31 October 1986)
                                                             (86/C 292/02)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                                 Whereas in respect of brucellosis and tuberculosis it is
                                                                         necessary for small areas of certain other Member States
Having regard to the Treaty establishing the European                    to achieve routine control of all of their herds;
Economic Community, and in particular Article 43
thereof,                                                                 Whereas it is still necessary for some Member States to
                                                                         submit plans for the eradication of enzootic bovine
                                                                         leukosis;
Having regard to the proposal from the Commission,
                                                                         Whereas the final eradication of these diseases
Having regard to the opinion of the European Par-                        constitutes an essential basis for the establishment of the
liament,                                                                 internal market in bovine animals as well as for in-
                                                                         creasing the productivity of breeding and consequently
                                                                         improving the standard of living of persons engaged in
Having regard to the opinion of the Economic and                         this sector;
Social Committee,
                                                                         Whereas to achieve these objectives it is necessary to
Whereas Council Directive 77/391 /EEC ('), as last                       allow for a new period of three years for each eligible
amended by Regulation (EEC) No 3768/85 (2),                              Member State;
introduced Community measures for the eradication of
brucellosis, tuberculosis and leukosis; whereas, in view of              Whereas the Community should participate financially in
the results obtained and of the satisfactory progress of                 this measure;
the programmes presented by the Member States, the
Council adopted Directive 82/400/EEC of 14 June 1982                     Whereas the plans presented by the Member States
amending Directive 77/391/EEC and introducing a                          should comply with Community criteria and objectives;
supplementary Community measure for the eradication                      whereas they must therefore be approved in accordance
of brucellosis, tuberculosis and leukosis in cattle (3);                 with a Community procedure, and whereas the
                                                                         implementation of the plans must be controlled regularly
Whereas Council Directive 78/52/EEC (4) established                      on the spot,
the Community criteria for national plans for the
accelerated eradication of brucellosis, tuberculosis and                 HAS ADOPTED THIS DECISION:
enzootic leukosis in cattle;
                                                                                                   Article 1
Whereas in view of the results obtained within the
framework of the above action and of the satisfactory                    A Community measure is hereby established with a view
progress of the previous programmes presented by the                     to completing the eradication of brucellosis, tuberculosis
Member States, it is necessary in particular to make                     and leukosis in cattle.
similar arrangements for cattle herds in Spain and
Portugal to be brought up to the same standards in                                                 Article 2
respect of brucellosis and tuberculosis;
                                                                         1.    Member States, having herds as defined in Article 6
                                                                         shall prepare new accelerated eradication plans in
                                                                         accordance with the technical provisions of Articles 2, 3
O   OJ No L 145, 13. 6. 1977, p. 44.                                     and 4 of Directive 77/391 /EEC and conforming with
O   OJ No L 362, 31. 12. 1985, p. 8.                                     the criteria established by Directive 78/52/EEC. Plans
O   OJ No L 173, 19. 6. 1982, p. 18.                                     drawn up by Member States shall ensure continuity with
(4) O J N o L 15, 19. 1. 1978, p. 34.                                    the measures put in hand under the original plans, taking
 ---pagebreak--- 18. 11. 86                              Official Journal of the European Communities                               No C 292/3
account of results achieved         and of   any   necessary       2.     The Community shall reimburse to the Member
adjustments.                                                       States 72,5 ECU for each cow slaughtered and 36,25
                                                                   ECU for each other bovine animal slaughtered pursuant
2.    The new accelerated eradication plans shall be               to the measures referred to in Chapter 1 of Directive
communicated to the Commission at the latest two                   77/391/EEC.
months after notification of this Decision.
                                                                                               Article 7
                           Article 3                               1.     The provisions of Article 7 (1) of Council Regu-
1.    The Commission after examination of the proposed             lation (EEC) No 729/70 of 21 April 1970 on the
plans and any amendments thereto shall approve them in             financing of the common agricultural policy (') shall
accordance with the procedure laid down in Article 10.             apply to Commission Decisions concerning the
                                                                   Community financing of the present measure.
2.    The Fund Committee shall be consulted on the
financial aspects.                                                 2.     Applications for payment shall relate to slaugh-
                                                                   terings carried out by Member States in the course of a
                                                                   calendar year and shall be submitted before 1 July of the
3.    On the dates fixed by the Commission in its                  following year.
decision of approval, Member States shall bring into
force the laws, regulations or administrative provisions
required to implement the new accelerated eradication              3.      Detailed rules for the implementation of this Article
plans.                                                             shall be adopted in accordance with the procedure set
                                                                   out in Article 13 of Regulation (EEC) No 729/70.
                           Article 4
                                                                                               Article 8
1.    Community financial aid shall be given for the
measures provided for in this Decision.                            Council Regulation (EEC) No 129/78 of 24 January
                                                                    1978 on the exchange rates to be applied for the
                                                                   purposes of the common agricultural structures policy (2)
2.    Expenditure incurred by the Member States in                 and Articles 8 and 9 of Regulation No 729/70 EEC shall
connection with measures adopted pursuant to the new               apply mutatis mutandis.
accelerated eradication plans approved in accordance
with Article 3 shall qualify for Community aid within the
limits indicated in Articles 5 and 6.                                                          Article 9
                                                                    1.    Veterinary control of the application of the new
                           Article 5                               accelerated eradication plans shall be carried out in
                                                                   accordance with Article 10 of Directive 77/391/EEC.
1.    The duration of the Community financial aid shall
be three years commencing from the date laid down by
the Commission Decision approving the new accelerated              2.     When all the new accelerated eradication plans
eradication plans for each Member State.                           have been executed, the Commission shall submit a
                                                                   general report to the Council on the results obtained,
                                                                   with a proposal for further harmonization of national
2.    The estimated amount of aid to be charged to the             preventive measures, should this be necessary.
chapter of the Community budget covering expenditure
in the agricultural sector for the period laid down in
paragraph 1 is 31,7 million ECU.                                                              Article 10
                                                                    1.     Where reference is made to the procedure defined
                           Article 6                                in this Article, the Standing Veterinary Committee,
                                                                    hereinafter called the Committee, shall be consulted
 1.    Community financial aid shall be available for              without delay by its chairman, either on his own
compensation for animals slaughtered in respect of:                 initiative or at the request of a Member State.
— Brucellosis, those animals coming from type Bj and
                                                                    2.     Within the Committee, the votes of the Member
    type B2 herds as defined in Article 2 (1) of Directive
                                                                    States shall be weighted as provided for in Article 148 (2)
    78/52/EEC,
                                                                    of the Treaty. The Chairman shall not vote.
— Tuberculosis, those animals coming from type Tj and
    type T 2 herds as defined in Article 2 (2) of Directive         3.     The representative of the Commission shall submit
    78/52/EEC,                                                      a draft of the measures to be adopted. The Committee
                                                                    shall deliver its opinion on the draft within a time limit
— Enzootic bovine leukosis, those animals coming from
    cattle herds which are not already under a routine              (') OJ No L 94, 28. 4. 1970, p. 13.
    testing programme.                                              O OJ No L 20, 25. 1. 1978, p. 16.
 ---pagebreak--- No C 292/4                              Official Journal of the European Communities                                18.11.86
set by the Chairman according to the urgency of the                to be adopted. The Council shall adopt the measures by
matter. An opinion shall be delivered by a majority of 54          a qualified majority.
votes.                                                             If the Council has not adopted any measures within
                                                                   three months of the date on which the proposal was
4.    The Commission shall adopt the measures and shall            referred to it, the Commission shall adopt the proposed
apply them immediately, where they are in accordance               measures and apply them immediately.
with the opinion of the Committee. Where they are not
in accordance with the opinion of the Committee, or if                                        Article 11
no opinion is delivered, the Commission shall without
delay submit a proposal to the Council on the measures             This Decision is addressed to the Member States.
             Proposal for a Council Regulation on the conclusion of the Protocol establishing rights and
             compensation provided for in the Agreement between the Government of the Republic of
             Senegal and the European Economic Community on fishing off the coast of Senegal for the
                                       period from 1 October 1986 to 28 February 1988
                                                       COM(86) 596 final
                              (Submitted by the Commission to the Council on 4 November 1986)
                                                         (86/C 292/03)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                           the coast of Senegal for the period from 1 October 1986
                                                                   to 28 February 1988 was initialled on 1 October 1986;
Having regard to the Treaty establishing the European
Economic Community, and in particular Article 43                   Whereas that Protocol takes into consideration the
thereof,                                                           interests of the fishermen of the Canary Islands and
                                                                   maintains fishing possibilities for fishermen of the
Having regard to the Act of Accession of Spain and                 enlarged Community in the waters under the sovereignty
Portugal, and in particular Articles 155 (2) (b) and               or jurisdiction of Senegal;
 167 (3),                                                          Whereas it is in the interest of the Community to
                                                                   conclude that Agreement,
Having regard to the proposal from the Commission,
                                                                   HAS ADOPTED THIS REGULATION:
Having regard to the opinion of the European Par-
liament,                                                                                       Article 1
Whereas, pursuant to the second paragraph of Article 17            The Protocol laying down the fishing rights and
of the Agreement between the European Economic                     compensation provided for in the Agreement between
Community and the Government of the Republic of                    the     European     Economic        Community  and    the
Senegal on fishing off the coast of Senegal (x), as                Government of the Republic of Senegal on fishing off
amended by the Agreement signed on 21 January                      the coast of Senegal for the period from 1 October 1986
 1982 (2), and as further amended by the Agreement                 to 28 February 1988 is hereby approved on behalf of the
signed on 20 November 1985 (3), the Community and                  Community.
Senegal have conducted negotiations to determine the               The text of the Protocol is attached to this Regulation.
amendments or additions to be made to the said
Agreement at the end of the period of application of the                                       Article 2
Protocol;
                                                                   The President of the Council is hereby authorized to
                                                                   designate the persons empowered to sign the Protocol, in
Whereas, as a result of these negotiations, a draft
                                                                   order to bind the Community.
Protocol laying down the fishing rights                   and
compensation provided for in the Agreement between                                             Article 3
the    European     Economic         Community     and     the
Government of the Republic of Senegal on fishing off               This Regulation shall enter into force on the third day
                                                                   following its publication in the Official Journal of the
                                                                    European Communities.
 C) OJ No L 226, 29. 8. 1980, p. 15.
O OJ No L 234, 9. 8. 1982, p. 9.                                   This Regulation shall be binding in its entirety and
(3) OJ No L 361, 31. 12. 1985, p. 87.                               directly applicable in all Member States.