CELEX: 51988PC0598
Language: en
Date: 1988-11-03
Title: PROPOSAL FOR A COUNCIL REGULATION ( EEC ) LAYING DOWN ZOOTECHNICAL AND PEDIGREE REQUIREMENTS FOR THE MARKETING OF PUREBRED ANIMALS

No C 304/6                            Official Journal of the European Communities                                 29. 11. 88
                                                              II
                                                      (Preparatory Acts)
                                                 COMMISSION
             Proposal for a Council Regulation (EEC) laying down zootechnical and pedigree requirements
                                           for the marketing of purebred animals
                                                     COM(88) 598 final
                            (Submitted by the Commission to the Council on 8 November 1988)
                                                       (88/C 304/07)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                          Whereas, in principle, intra-Community trade must not
                                                                  be prohibited, restricted or impeded; whereas, however,
                                                                  the completion of the internal market may in certain
Having regard to the Treaty establishing the European             circumstances call for the approximation of laws,
Economic Community, and in particular Article 43                  particularly as regards entries in pedigree records and the
thereof,                                                          certificate required for marketing purposes;
                                                                  Whereas provisions should be introduced preventing
Having regard to the proposal from the Commission,
                                                                  purebred animals from being imported from third
                                                                  countries on terms which arc less stringent than those
Having regard      to   the   opinion  of    the  European        applicable within the Community;
Parliament,
                                                                  Whereas implementing measures should be adopted
                                                                  regarding certain technical aspects; whereas, for the
Having regard to the opinion of the Economic and                  purposes of the planned measures, provision should be
Social Committee,                                                 made for close cooperation between the Member States
                                                                  and the Commission within the Standing Committee on
                                                                  Zootechnics,
Whereas purebred animals, being 'live animals', are
included in the list in Annex II to the Treaty;
                                                                  HAS ADOPTED THIS REGULATION:
Whereas the breeding and production of purebred                                               Article 1
animals occupies an important place in Community agri-
                                                                  1.     This Regulation lays down zootechnical and
culture;
                                                                  pedigree requirements for the marketing of purebred
                                                                  animals and the semen, ova and embryos thereof.
Whereas specific rules for the approximation of
zootechnical legislation have been laid down at                   2.     This Regulation shall apply without prejudice to
Community level for cattle, swine, sheep, goats and               the provisions laid down in more specific Community
equidae;                                                          rules.
                                                                                              Article 2
Whereas, to ensure the rational development of livestock
production and thus increase productivity in that sector,         For the purpose of this Regulation:
rules for the marketing of purebred animals should be             (a) 'Purebred animal' shall be taken to mean any animal
laid down at Community level;                                          which is entered or registered in a pedigree record;
                                                                  (b) 'Pedigree record' shall be taken to mean any book,
Whereas purebred animals are generally reared in the                   register, file or data medium:
context of farming activities; whereas the rearing of such
animals constitutes a source of income for part of the.               — which is maintained by a breeders' organization
farming population and whereas it should therefore be                      or association officially recognized by a Member
encouraged;                                                                State or by an official agency of a Member State,
                                                                           and
Whereas satisfactory results in this field depend largely              — in which purebred animals of a given breed are
on the use of purebred animals;                                            entered or registered.
 ---pagebreak--- 29. 11. 88                           Official Journal of the European Communities                              No C 304/7
                         Article 3                                                        Article 6
Intra-Community trade in purebred animals and in the            The Commission shall be assisted by the Standing
semen, ova and embryos thereof may not be prohibited,           Committee on Zootechnics, hereinafter referred to as
restricted or impeded on zootechnical ground or for             'the Committee'.
reasons of pedigree breeding.
                                                                                          Article 7
                         Article 4                              Where the procedure laid down in this Article is to be
Where necessary, the Commission, acting in accordance           used, the following rules shall apply: The representative
with the procedure laid down in Article 7, shall establish:     of the Commission shall submit to the Committee a draft
                                                                of the measures to be adopted. The Committee shall
— the criteria for the recognition of breeder's organ-        t deliver its opinion on the draft within a time limit which
    izations and associations which maintain or establish       the Chairman may lay down according to the urgency of
    pedigree records;                                           the matter, if necessary by taking a vote.
— the criteria for entry or registration in pedigree            The opinion shall be entered in the minutes; in addition,
    records;                                                    each Member State shall have the right to ask to have its
                                                                position recorded in the minutes.
— the criteria for approval for reproduction and for the
    use of semen, ova and embryos;                              The Commission shall take the utmost account of the
                                                                opinion delivered by the Committee. It shall inform the
— the certificate to be required for the marketing of           Committee of the manner in which its opinion has been
    purebred animals and the semen, ova and embryos             taken into account.
    thereof.
                                                                                          Article 8
                         Article 5
                                                                This Regulation shall enter into force on the thirtieth
Until Community rules on the subject are implemented,           day following its publication in the Official Journal of the
the conditions applicable to imports of purebred animals        European Communities.
and to the semen, ova and embryos thereof from third
countries must not be more favourable than those                This Regulation shall be binding in its entirety and
governing intra-Community trade.                                directly applicable in all Member States.