Explanatory Memorandum to COM(2014)5 - Zootechnical and genealogical conditions for trade in and imports into the Union of breeding animals and their germinal products - Main contents
Please note
This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2014)5 - Zootechnical and genealogical conditions for trade in and imports into the Union of breeding animals and their germinal ... |
|---|---|
| source | COM(2014)5  |
| date | 11-02-2014 |
The Union zootechnical legislation aims at the promotion of free trade in breeding animals and their genetic material considering the sustainability of breeding programs and preservation of genetic resources.
At present Union zootechnical legislation consists of four species specific (vertical) basic acts laying down the fundamental principles, concerning breeding animals of the bovine, porcine, ovine, caprine and equine species. These Council Directives provide the legal bases for the adoption by the Commission of detailed measures on:
– the approval or recognition and listing of breeding organisations, breeders associations and private undertakings,
– the registration and classification of animals in herd-books, flock-books, stud-books and, in the case of hybrid breeding pigs in registers,
– on performance testing and genetic evaluation and
– for the content and format of zootechnical certificates for breeding animals and their semen, ova and embryos.
However, technical requirements of identical nature for acceptance of breeding animals for breeding are currently regulated in three Council Directives and a Commission Decision.
In addition, no implementing measures have been adopted for Council Directive 91/174/EEC establishing the principles of trade in purebred breeding animals of other animal species.
A horizontal Directive, complemented by implementing measures, provides rules on imports from third countries of breeding animals and their germinal products.
Finally, a specific Council Decision provides rules on the designation of a reference centre for breeding of bovine animals.
The present proposal consists of twelve Chapters and five technical Annexes.
Chapters I to VIII of the proposal combine the provisions of Council Directives 2009/157/EC (bovine animals), 88/661/EEC (purebred and hybrid breeding pigs), 89/361/EEC (sheep and goats), 90/427/EEC (equidae), 91/174/EEC (other animals) and 94/28/EC (imports) as indicated in the correlation table.
In particular, Chapter III contains provisions describing the relationship between breeders and breed societies and the settling of disputes taking into account the procedures currently laid down in Commission Decision 92/354/EEC.
In particular, Chapter IV includes the provisions on acceptance of breeding animals for breeding purposes and artificial insemination currently laid down in Council Directives 87/328/EEC (bovine), 90/118/EEC (purebred pigs) and 90/119/EEC (hybrid breeding pigs), as indicated in the correlation table, but also in Commission Decision 90/257/EEC (sheep and goats).
In particular, Chapter V on performance testing includes the provisions of Council Decision 96/463/EC designating the reference body for testing methods for purebred bovine animals.
Chapters IX and X of the proposal establish a legal basis for the execution of official controls in the zootechnical field and the cooperation between competent authorities, taking into account general principles applied to such controls. These provisions were included with a view to the new Animal Health Law and a proposal for a Regulation on official controls and other official activities. Because of those legal initiatives, the legislation on checks on animals and their germinal products in intra-Union trade (Council Directive 90/425/EEC) and as regards imports from third countries (Council Directive 91/496/EEC) and on cooperation between competent authorities (Council Directive 89/608/EEC) will no longer apply to zootechnical aspects. The proposed text follows closely in particular Title II on official controls, Title IV on administrative assistance, Title VI on Commission controls and Title VII on enforcement measures of the proposal for a new Regulation on official controls and other official activities.
Chapter XI reflects the entry into force of the Lisbon Treaty, which requires that enabling provisions in the basic acts of the Union zootechnical legislation are aligned with Article 290 and Article 291 of the Treaty on the Functioning of the European Union (TFEU). To this end, it is necessary to identify for each measure to be adopted on powers provided by the basic act the delegated powers in accordance with Article 290 TFEU or implementing powers in accordance with Article 291 TFEU needed.
Chapter XII provides the final provisions on repeals and dates for entry into force and application.
Annex I (detailed criteria for the recognition of breed societies and approval of breeding programmes) includes the provisions currently laid down in the Annexes to Commission Decisions 84/247/EEC (bovine), 89/501/EEC (purebred breeding pigs) 89/504/EEC (hybrid breeding pigs), 90/257/EEC (sheep and goats) and 92/353/EEC (equidae).
Annex II (detailed criteria for the entry of breeding animals in breeding books) includes the provisions currently laid down in Commission Decisions 84/419/EEC (bovine), 89/502/EEC (purebred breeding pigs), 89/505/EEC (hybrid breeding pigs) 90/255/EEC (sheep and goats) and 96/78/EC (equidae).
Annex III (detailed criteria for performance testing and genetic evaluation) includes the provisions currently laid down in Commission Decisions 2006/427/EC (bovine), 89/507/EEC (purebred and hybrid breeding pigs) and 90/256/EEC (sheep and goats).
Annex IV (Functions and duties of EU Reference Centres) reflects Annex II to Council Decision 96/463/EC.
Annex V (zootechnical certificate) includes the principle information requirements currently laid down in the Annexes to Commission Decisions 2005/379/EC (bovine) 89/503/EEC (purebred breeding pigs), 89/506/EEC (hybrid breeding pigs), 90/258/EEC (sheep and goats), 96/79/EC (equidae), 96/509/EC (imports of semen of purebred breeding animals of bovine, porcine, ovine and caprine species) and 96/510/EC (imports of breeding animals, semen, ova and embryos).
Contents
The basic principles and main rules of Union zootechnical legislation have shown to be adequate and sufficiently adapted to technical developments in the area of animal breeding and have therefore been maintained in the proposal. However, because the current Union zootechnical legislation is organised vertically according to species, the almost identical provisions have been streamlined, drafted in a more precise and consistent language in the format of a Regulation, in order to avoid obstacles to trade resulting from national transposition.
Over the past twenty years, the Commission had regularly meetings with Member States to discuss zootechnical matters in the Standing Committee on Zootechnics, and together the legislation has been developed. Cross border activities of approved breed societies have remained a controversial issue because certain Member States pointed to the differences in national transposition of the underlying Directives. This situation has not changed until the last meeting of the zootechnical working group in February 2012 where the main content, the structure and the new elements of the proposal were presented and discussed.
In addition, the Commission has been dealing with numerous problems raised by breeders, breed societies and competent authorities because of different interpretation of the existing provisions by competent authorities in Member States. The Commission is therefore well aware of the needs of the breeding sector and of the supervising competent authorities.
The proposed provisions on official controls in the zootechnical field are fully aligned, with the necessary adaptations, to those proposed, after intensive consultation with stakeholders, by the Commission for a Regulation on official controls and activities in the veterinary field.
The proposed regulation provides in a single legal framework the principles of recognition and listing of breeding organisations, breeders associations and private undertakings, approval of their breeding programmes, entering of animals in herd-books, flock-books, stud-books and their classification according to merits, registration of hybrid breeding pigs in registers, performance testing and genetic evaluation as well as the content of zootechnical certificates for breeding animals and their semen, ova and embryos.
In addition it provides rules on imports from third countries of breeding animals, their semen, ova and embryos, and the designation of reference centres for breeding of animals.
Provisions are laid down in this Regulation to carry out official controls and zootechnical checks and to resolve disputes arising where zootechnical checks disclose non-compliance with zootechnical requirements.
However, the rules hereby proposed mirror those laid down in the Commission proposal for a new Regulation on official controls that is currently discussed in the European Parliament and in the Council. In order to prevent inconsistencies between the two texts and to ensure a harmonised approach in the field of controls, the Commission will closely follow the evolution of the discussions on the two texts, and will make the necessary proposals in due time in order to ensure that the provisions on official controls in the field of zootechnics are included in the forthcoming Regulation on official controls.
The proposed Regulation provides the legal base for the adoption of delegated and implementing measure, in accordance with Articles 290 and 291 of the Treaty on the Functioning of the European Union.
None.
None.