Legal provisions of COM(2008)120 - Simplification of procedures of listing and publishing information in the veterinary and zootechnical fields - Main contents
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This page contains a limited version of this dossier in the EU Monitor.
dossier | COM(2008)120 - Simplification of procedures of listing and publishing information in the veterinary and zootechnical fields. |
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document | COM(2008)120 |
date | July 15, 2008 |
Contents
- Article 1 - Amendments to Directive 64/432/EEC
- Article 2 - Amendments to Directive 77/504/EEC
- Article 3 - Amendments to Directive 88/407/EEC
- Article 4 - Amendments to Directive 88/661/EEC
- Article 5 - Amendments to Directive 89/361/EEC
- Article 6 - Amendments to Directive 89/556/EEC
- Article 7 - Amendments to Directive 90/426/EEC
- Article 8 - Amendments to Directive 90/427/EEC
- Article 9 - Amendments to Directive 90/428/EEC
- Article 10 - Amendments to Directive 90/429/EEC
- Article 11 - Amendments to Directive 90/539/EEC
- Article 12 - Amendments to Directive 91/68/EEC
- Article 13 - Amendments to Directive 91/496/EEC
- Article 14 - Amendments to Directive 92/35/EEC
- Article 15 - Amendments to Directive 92/65/EEC
- Article 16 - Amendments to Directive 92/66/EEC
- Article 17 - Amendments to Directive 92/119/EEC
- Article 18 - Amendments to Directive 94/28/EC
- Article 19 - Amendments to Directive 2000/75/EC
- Article 20 - Amendments to Decision 2000/258/EC
- Article 21 - Amendments to Directive 2001/89/EC
- Article 22 - Amendments to Directive 2002/60/EC
- Article 23 - Amendments to Directive 2005/94/EC
- Article 24 - Transposition
- Article 25 - Entry into force
- Article 26 - Addressees
Article 1 - Amendments to Directive 64/432/EEC
1. | in Article 6, the first subparagraph of paragraph 2(a) shall be replaced by: ‘come from an officially tuberculosis-free bovine herd, and in the case of animals more than six weeks old, have reacted negatively to an intradermal tuberculin test carried out in accordance with the provisions of point 2.2 of Annex B either during the 30 days prior to leaving the herd of origin or in a place and under conditions to be defined in accordance with the procedure referred to in Article 17.’; |
2. | the following Article shall be inserted: ‘Article 6a Member States shall designate State institutes, national reference laboratories or official institutes responsible for coordinating the standards and methods of diagnosis referred to in Annexes A to D. They shall maintain up-to-date lists thereof and make them available to the other Member States and to the public. The tasks and responsibilities of those State institutes, national reference laboratories and official institutes are set out in Annexes B and C and Chapter II of Annex D. Detailed rules for the uniform application of this Article may be adopted in accordance with the procedure referred to in Article 17(2).’; |
3. | in Article 11, paragraph 3 shall be replaced by the following: ‘3. The competent authority shall issue an approval number to each approved assembly centre. Approvals of assembly centres may be limited to a particular species or to animals for breeding and production or to animals for slaughter. The competent authority shall draw up and keep up to date a list of approved assembly centres and their approval numbers and make it available to the other Member States and to the public.’; |
4. | in Article 13, the following paragraphs shall be added: ‘5. Member States shall draw up and keep up to date a list of approved dealers and registered premises used by dealers in connection with their business and their approval numbers and make that list available to the other Member States and to the public. 6. Detailed rules for the uniform application of paragraph 5 may be adopted in accordance with the procedure referred to in Article 17(2).’; |
5. | Article 16 shall be replaced by the following: ‘Article 16 Annexes A and D (Chapter I) shall be amended by the Council, acting by a qualified majority on a Commission proposal, in particular with regard to their adaptation to technological and scientific developments. Annexes B, C, D (Chapter II), E and F shall be amended by the Commission in accordance with the procedure referred to in Article 17.’; |
6. | Annex B shall be amended as follows:
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7. | Annex C shall be amended as follows:
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8. | in Annex D, Chapter II.A, points 2 and 3 shall be replaced by the following:
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Article 2 - Amendments to Directive 77/504/EEC
‘Article 4a
1. Member States shall draw up and keep up to date a list of bodies as referred to in Article 1(b), first indent, which are officially recognised for the purpose of maintaining or establishing herd books and make it available to the other Member States and to the public.
2. Detailed rules for the uniform application of this Article may be adopted in accordance with the procedure referred to in Article 8(2).’.
Article 3 - Amendments to Directive 88/407/EEC
1. | in Article 5, paragraph 2 shall be replaced by the following: ‘2. All semen collection or storage centres shall be registered, each centre being given a veterinary registration number. Each Member State shall draw up and keep up to date a list of semen collection or storage centres and their veterinary registration numbers and make it available to the other Member States and to the public. 3. Detailed rules for the uniform application of this Article may be adopted in accordance with the procedure referred to in Article 18(2).’; |
2. | Article 9 shall be replaced by the following: ‘Article 9 1. Member States shall only authorise imports of semen dispatched from a semen collection or storage centre situated in one of the third countries appearing on the list referred to in Article 8 and for which the competent authority of the third country concerned is able to give the guarantees that the following conditions are met:
2. The list of semen collection or storages centres that the competent authority of the third country appearing on the list referred to in Article 8 has approved in accordance with the conditions set out in paragraph 1 of this Article and from which semen may be dispatched to the Community shall be communicated to the Commission. The approval of a semen collection or storage centre must be immediately suspended or withdrawn by the competent authority of the third country where it no longer complies with the conditions set out in paragraph 1 and the Commission must be immediately informed thereof. The Commission shall provide the Member States with any new and updated lists that it receives from the competent authority of the third country in accordance with this paragraph and shall make them available to the public for information purposes. 3. Detailed rules for the uniform application of this Article may be adopted in accordance with the procedure referred to in Article 18(2).’; |
3. | Article 12 shall be replaced by the following: ‘Article 12 The rules laid down in Directive 97/78/EC shall apply, in particular to the organisation of, and follow-up to the checks to be carried out by the Member States and the safeguard measures to be applied in accordance with the procedure referred to in Article 22 of that Directive.’. |
Article 4 - Amendments to Directive 88/661/EEC
1. | the following Article shall be inserted: ‘Article 4a Member States shall draw up and keep up to date a list of bodies as referred to in Article 1(c), first indent, and make it available to the other Member States and to the public. Detailed rules for the uniform application of this Article may be adopted in accordance with the procedure referred to in Article 11(2).’; |
2. | the following Article shall be inserted: ‘Article 7a Member States shall draw up and keep up to date a list of bodies as referred to in Article 1(d), first indent, and make it available to the other Member States and to the public. Detailed rules for the uniform application of this Article may be adopted in accordance with the procedure referred to in Article 11(2).’. |
Article 5 - Amendments to Directive 89/361/EEC
‘Article 5
Member States shall draw up and keep up to date a list of bodies as referred to in Article 2(b), first indent, which are officially approved for the purpose of maintaining or establishing flock books and which meet the criteria determined in accordance with the first indent of Article 4 and make it available to the other Member States and to the public.
Detailed rules for the uniform application of this Article may be adopted in accordance with the procedure referred to in Article 8.’.
Article 6 - Amendments to Directive 89/556/EEC
1. | in Article 5(2), the first subparagraph shall be replaced by the following: ‘2. The competent authority of each Member State concerned shall register embryo collection teams and give a veterinary registration number to each team. Each Member State shall draw up and keep up to date a list of embryo collection teams and their veterinary registration numbers and make it available to the other Member States and to the public.’; |
2. | Article 8 shall be replaced by the following: ‘Article 8 1. Member States shall only authorise imports of embryos dispatched from an embryo collection or production team situated in one of the third countries appearing on the list referred to in Article 7 and for which the competent authority of the third country concerned is able to give the guarantees that the following conditions are met:
2. The list of embryo collection or production teams that the competent authority of the third country appearing on the list referred to in Article 7 has approved in accordance with the conditions set out in paragraph 1 of this Article and from which embryos may be dispatched to the Community shall be communicated to the Commission. The approval of an embryo collection or production team must be immediately suspended or withdrawn by the competent authority of the third country where it no longer complies with the conditions set out in paragraph 1 and the Commission must be immediately informed thereof. The Commission shall provide the Member States with any new and updated lists that it receives from the competent authority of the third country concerned in accordance with this paragraph and shall make them available to the public for information purposes. 3. Detailed rules for the uniform application of this Article may be adopted in accordance with the procedure referred to in Article 18(2).’; |
3. | Article 11 shall be replaced by the following: ‘Article 11 The rules laid down in Directive 97/78/EC shall apply, in particular to the organisation of, and follow-up to the checks to be carried out by the Member States and the safeguard measures to be applied in accordance with the procedure referred to in Article 22 of that Directive.’. |
Article 7 - Amendments to Directive 90/426/EEC
‘1. The equidae must be transported, as soon as possible, from the holding of origin either directly or via an approved market or marshalling centre as defined as “assembly centre” in Article 2(2)(o) of Directive 64/432/EEC to the place of destination in vehicles or containers which have been regularly cleansed and disinfected with a disinfectant at intervals to be fixed by the Member State of dispatch. The vehicles must be designed in such a way that equidae droppings, litter or fodder cannot escape from the vehicle during transportation. Transportation must be effected in such a way that the health and well-being of the equidae can be protected effectively.’.
Article 8 - Amendments to Directive 90/427/EEC
‘Article 5
Member States shall draw up and keep up to date the list of bodies maintaining or establishing studbooks as referred to in Article 2(c), first indent, which are approved or recognised on the basis of the criteria determined in accordance with Article 4(2)(a) and make it available to the other Member States and to the public.
Detailed rules for the uniform application of this Article may be adopted in accordance with the procedure referred to in Article 10.’.
Article 9 - Amendments to Directive 90/428/EEC
‘2. However,
— | the obligations referred to in Article 3 shall not affect the organisation of:
Member States intending to avail themselves of these possibilities shall make this intention and the justifications thereof available to the other Member States and to the public beforehand; |
— | for each competition or type of competition Member States shall be authorised to reserve, through the bodies officially approved or recognised for that purpose, a certain percentage of the prize money or profits referred to in paragraph 1(c) for the safeguard, development and improvement of breeding. The percentage may not exceed 20 % from 1993. The criteria for the distribution of these funds in the Member State concerned shall be made available to the other Member States and to the public.’. |
Article 10 - Amendments to Directive 90/429/EEC
1. | in Article 5, paragraph 2 shall be replaced by the following: ‘2. All semen collection centres shall be registered, each centre being given a veterinary registration number. Each Member State shall draw up and keep up to date a list of semen collection centres and their veterinary registration numbers and make it available to the other Member States and to the public.’; |
2. | Article 8 shall be replaced by the following: ‘Article 8 1. Member States shall only authorise imports of semen dispatched from a semen collection centre situated in one of the third countries appearing on the list referred to in Article 7 and for which the competent authority of the third country concerned is able to give the guarantees that the following conditions are met:
2. The list of semen collection centres that the competent authority of the third country appearing on the list referred to in Article 7 has approved in accordance with the conditions set out in paragraph 1 of this Article and from which semen may be dispatched to the Community shall be communicated to the Commission. The approval of a semen collection centre must be immediately suspended or withdrawn by the competent authority of the third country where it no longer complies with the conditions set out in paragraph 1 and the Commission must be immediately informed thereof. The Commission shall provide the Member States with any new and updated lists that it receives from the competent authority of the third country concerned in accordance with this paragraph and shall make them available to the public for information purposes. 3. Detailed rules for the uniform application of this Article may be adopted in accordance with the procedure referred to in Article 18(2).’; |
3. | in Article 15, paragraph 2 shall be replaced by the following: ‘2. The rules laid down in Directive 97/78/EC shall apply, in particular to the organisation of, and follow-up to the checks to be carried out by the Member States and the safeguard measures to be applied in accordance with the procedure referred to in Article 22 of that Directive.’. |
Article 11 - Amendments to Directive 90/539/EEC
1. | Article 4 shall be replaced by the following: ‘Article 4 Each Member State shall designate a national reference laboratory to be responsible for coordinating the diagnostic methods provided for in this Directive and their use by the approved laboratories located in its territory. Each Member State shall make the details of its national reference laboratory, and any subsequent changes, available to the other Member States and to the public. Detailed rules for the uniform application of this Article may be adopted in accordance with the procedure referred to in Article 32(2).’; |
2. | the following Article shall be inserted: ‘Article 6a Each Member State shall draw up and keep up to date a list of establishments approved in accordance with point 1(a) of Article 6 and their distinguishing numbers, and shall make it available to the other Member States and to the public. Detailed rules for the uniform application of this article may be adopted in accordance with the procedure referred to in Article 32.’; |
3. | Annex I shall be amended as follows:
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Article 12 - Amendments to Directive 91/68/EEC
1. | in Article 8a, paragraph 3 shall be replaced by the following: ‘3. The competent authority shall issue an approval number to each approved assembly centre. Approvals may be limited to one or more species covered by this Directive or to animals for breeding or fattening, or to animals for slaughter. The competent authority shall draw up and keep up to date a list of approved assembly centres and their unique approval numbers and make it available to the other Member States and to the public.’; |
2. | in Article 8b, the following paragraph shall be added: ‘5. Member States shall draw up and keep up to date a list of approved dealers and registered premises used by dealers in connection with their business and their approval numbers and shall make it available to the other Member States and to the public. Detailed rules for the uniform application of this paragraph may be adopted in accordance with the procedure referred to in Article 15(2).’. |
Article 13 - Amendments to Directive 91/496/EEC
‘4. |
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Article 14 - Amendments to Directive 92/35/EEC
1. | Article 14 shall be replaced by the following: ‘Article 14 1. Member States shall designate a national laboratory to carry out the laboratory examinations provided for in this Directive, and shall make the details of that laboratory, and any subsequent changes, available to the other Member States and to the public. Detailed rules for the uniform application of this paragraph may be adopted in accordance with the procedure referred to in Article 19. 2. The functions and duties of the national laboratories designated in accordance with paragraph 1 are set out in Annex I. 3. The national laboratories designated in accordance with paragraph 1 shall liaise with the Community reference laboratory referred to in Article 15.’; |
2. | in Annex I, Section A shall be deleted. |
Article 15 - Amendments to Directive 92/65/EEC
1. | Article 11 shall be replaced by the following: ‘Article 11 1. The Member States shall ensure that, without prejudice to the decisions to be taken in implementation of Articles 21 and 23, only semen, ova and embryos meeting the conditions laid down in paragraphs 2, 3, 4 and 5 are the subject of trade. 2. Semen of the ovine, caprine and equine species must, without prejudice to any criteria to be complied with for the entry of equids in stud books for certain specific breeds:
3. Ova and embryos of the ovine, caprine, equine and porcine species must:
Semen used for the insemination of donor females must comply with the provisions of paragraph 2 in the case of sheep, goats and equids and with the provisions of Directive 90/429/EEC for swine. Any additional guarantees may be determined in accordance with the procedure referred to in Article 26. 4. The approved centres referred to in the first indent of paragraph 2 and the approved teams referred to in the first indent of paragraph 3 shall be registered by the competent authority of the Member State concerned, each centre and team being given a veterinary registration number. Each Member State shall draw up and keep up to date a list of those approved centres and teams and their veterinary registration numbers and shall make it available to the other Member States and to the public. Detailed rules for the uniform application of this paragraph may be adopted in accordance with the procedure referred to in Article 26. 5. The animal health requirements and the specimen health certificates applicable to semen, ova and embryos of species not mentioned in paragraphs 2 and 3 shall be established in accordance with the procedure referred to in Article 26. Pending the establishment of animal health requirements and specimen health certificates for trade in such semen, ova and embryos, national rules shall continue to apply.’; |
2. | in Article 13(2), point (d) shall be replaced by the following:
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3. | in Article 17, paragraph 2 and 3 shall be replaced by the following: ‘2. Only animals, semen, ova and embryos referred to in Article 1 which satisfy the following requirements may be imported into the Community:
Pending the establishment of lists of third countries, approved establishments listed in point (b), animal health requirements and specimen health certificates as referred to in paragraphs (a) and (b), national rules shall continue to apply provided they are not more favourable than those laid down in Chapter II. 3. The following shall be established:
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4. | in Article 20, the first paragraph shall be replaced by the following: ‘The rules laid down in Directive 97/78/EC shall apply in particular to the organisation of, and follow-up to the checks to be carried out by the Member States and the safeguard measures to be applied in accordance with the procedure referred to in Article 22 of that Directive.’. |
Article 16 - Amendments to Directive 92/66/EEC
1. | Article 14 shall be amended as follows:
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2. | Annex IV shall be deleted. |
Article 17 - Amendments to Directive 92/119/EEC
1. | in Article 17, paragraph 5 shall be replaced by the following: ‘5. Member States shall maintain up-to-date lists of the national laboratories referred to in paragraph 1 and make them available to the other Member States and to the public.’; |
2. | in Annex II, point 5 shall be deleted. |
Article 18 - Amendments to Directive 94/28/EC
1. | Article 3 shall be amended as follows:
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2. | in Article 10, the following paragraph shall be added: ‘Where any serious infringement to the provisions in Article 3(2)(b) so warrants, in particular in the light of findings in relation to on-the-spot checks referred to in the first paragraph of this Article, measures may be adopted to suspend the import of animals, semen, ova and embryos referred to in Article 1(1) in accordance with the procedure referred to in Article 12.’. |
Article 19 - Amendments to Directive 2000/75/EC
1. | Article 15 shall be replaced by the following: ‘Article 15 1. Member States shall designate a national laboratory responsible for carrying out the laboratory tests provided for by this Directive, and shall make the details of that laboratory, and any subsequent changes, available to the other Member States and to the public. Detailed rules for the uniform application of this paragraph may be adopted in accordance with the procedure referred to in Article 20(2). 2. The tasks of the national laboratories designated in accordance with paragraph 1 are listed in Annex I. 3. The national laboratories designated in accordance with paragraph 1 of this Article shall liaise with the Community reference laboratory referred to in Article 16.’; |
2. | in Annex I, Section A shall be deleted. |
Article 20 - Amendments to Decision 2000/258/EC
1. | Article 3 shall be replaced by the following: ‘Article 3 1. On the basis of a favourable result of the appraisal of an applicant laboratory in a Member State, documented by AFSSA, Nancy, the competent authority of the Member State may authorise the applicant laboratory to carry out the serological tests to monitor the effectiveness of rabies vaccines. Member States shall draw up and keep up to date a list of those laboratories that they have authorised and shall make it available to the other Member States and to the public. 2. On the basis of a favourable result of the appraisal of an applicant laboratory in a third country documented by AFSSA, Nancy, and following an application for approval from the competent authority of the third country of origin of the applicant laboratory, such laboratory shall be authorised in accordance with the procedure referred to in Article 5(2) to carry out serological tests to monitor the effectiveness of rabies vaccines. 3. Detailed rules for the uniform application of this Article may be adopted in accordance with the procedure referred to in Article 5(2).’; |
2. | the following Article shall be inserted: ‘Article 5a Applications for approval of laboratories submitted by the Member States prior to 1 January 2010, in accordance with Article 3 and Annex II, shall continue to be governed by this Decision, in its version before 3 September 2008.’; |
3. | Annexes I and II shall be replaced by the text in the Annex to this Directive. |
Article 21 - Amendments to Directive 2001/89/EC
1. | in Article 17(1), point (b) shall be replaced by the following:
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2. | Annex III shall be amended as follows:
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Article 22 - Amendments to Directive 2002/60/EC
1. | in Article 18(1), point (b) shall be replaced by the following:
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2. | Annex IV shall be amended as follows:
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Article 23 - Amendments to Directive 2005/94/EC
‘2. Member States shall designate a national reference laboratory and shall make the details thereof, and any subsequent changes, available to the other Member State and to the public in a manner that may be specified in accordance with the procedure referred to in Article 64(2).’.
Article 24 - Transposition
When Member States adopt those provisions, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. Member States shall determine how such reference is to be made.
2. Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by the Directive.