Explanatory Memorandum to COM(2024)16 - Delegated acts of the Commission under Regulation (EU) 2016/1012 on zootechnical and genealogical conditions for the breeding, trade in and entry into the Union of purebred breeding animals, hybrid breeding pigs and the germinal products thereof (‘Animal Breeding Regulation’) - Main contents
Please note
This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2024)16 - Delegated acts of the Commission under Regulation (EU) 2016/1012 on zootechnical and genealogical conditions for the ... |
|---|---|
| source | COM(2024)16 |
| date | 19-01-2024 |
Contents
COM(2024) 16fina
REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND
THE COUNCIL
on the exercise of the power to adopt delegated acts conferred on the Com mission pursuantto Kegulation (EU) 2016/1012 on zootechnical and genealogical conditions for the breeding, trade in and entry into the Union of purebred breeding animals, hybrid
b reeding pigs and the germinal products thereof ('Animal Breeding Regulation')
EN
EN
REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND
THE COUNCIL
on the exercise of the power to adopt delegated acts conferred on the Commission pursuant to Kegulation (EU) 2016/1012 on zootechnical and genealogical conditions for the breeding, trade in and entry into the Union of purebred breeding animals, hybrid
breeding pigs and the germinal products thereof ('Animal Breeding Regulation')
Regulation (EU) 2016/1012 on zootechnical and genealogical conditions for the breeding, trade in and entry into the Union of purebred breeding animals, hybrid breeding pigs and the germinal products thereof ( A nimal Breeding Regulation ) was adopted in 2016. T h at Regulation entered into force on 19 July 2016 and applies from 1 N o v e m b e r 2018.
The R egulation has replaced eight Uouncil LJirectives [council LJi recti ves 87/328/EEC,
88/661/EEC, 89/361/EEC, 90/118/EEC, 90/119/EEC, 90/427/EEC, 94/28/EC and
2009/157/EC)2 and a number of Vvom mission Uecisi ons adopted pursuant to those LJirectives, on breeding of cattle, pigs, sheep and goats, and equidae, and on impo rts of breeding animals. In addition, it repeals LJirective 91/174/EEC3 ( breeding of animals of other species) and Council Decision 96/463/EC4 designating a European Union reference centre.
on
Regu iation (EU) 2016/1012 of the r I i a m ent and of the Council of 8 June 2016
zo otech n i ca I and genealogical conditions for the breeding; trade in and entry i nto the Union of purebred breeding animals, hybri d breeding pigs and the germinal p rod u cts thereof and amending
Regu Iation (EU) No 652/2014, Co unci! LJirectives 89/608/EEC and 90/425/EEC and repealing cert a in
acts in the area of animal breeding ('Animal Breeding Regulation') (OJ L 171, 29,6,2016, P, 66) ELI:
http ',77'J ata , eu ro p a , eu7si i/r eg/2016/1012/oj,
Council Directive 87/328/EEC of 18 June 1987 on the acceptance for breeding p urposes of pu re ~b red
breeding animals of the bovine sped es (OJ L 16/, 266198/ P. 54) ELI: http, ata , europa, eu/e I i/d i r /1987/328/oj.
Council Directive 88/661/EEC of 19 December 1988 on the zootech n ica I standards applicable to
b reed i ng animals of the porcine sped es (OJ L 382, 31,121988, P. 36) ELI: http, ata , eu ro p a , e u/si i/~J i r /1988/661/oj,
Council Directive 89/361/EEC of 30 May 1989 concerning p u re ~b red breeding sheep and g oats (OJ L
153, 661989, P. 30) ELI: http .//data,europa, eu/e I i/d ir/1989/361/oj,
Council Directive 90/118/EEC of 5 March 1990 on the acceptance of p u re ~b red breeding pigs for
breeding (OJ L /I, 17.3.1990, P. 34) ELI: http ',//'J ata, europa, eu/e li/-J ir /1990/118/oj.
Council Directive 90/119/EEC of 5 March 1990 of hybrid breeding pigs for breeding (OJ L /I, 1/31990, P. 36) ELI: http //data, europa, eu/ei i/d ir/1990/119/oj ,
Council Directive 90/427/EEC of 26 June 1990 on the zootech n i ca I and genealogical conditions
governing intra't^ommun ity trade in equidae (OJ L 224, 18.8.1990, P. 55) ELI: http, 7/c ata , eu ro p a , e u/si i/~J i r /1990/42//oj.
Council Directive 94/28/EC of 23 Ju n e 1994 laying down the principles relating to the zootech n i ca I and genealogical conditions applicable to impo rts from third co u ntr i es of animals, their semen, ova and emb ryos and amending LJ i recti ve ///504/EEC on p u re ~b red breeding animals of the bovine species (OJ L 1/8, 12/1994, p. 66) ELI: http ,7/data, eu ro p a , eu/ei i/d i r/1994/28/oj,
Council Directive 2009/157/EC of 30 No vem b er 2009 on p u re~b red breeding animals of the bovine
spec i es (OJ L 323, 10.12.2009, P.
1) ELI: http, 7/c ata , eu ro p a , e u/e I i/d i r 72009/157/oj.
Council Directive 91/1 /4/E EC of 25 Ma r c h 1991 laying do wn zootech n i ca 1 and pedigree requirements
fo r the m a rketing of p u re~b red animals and amending LJ i r eet i v es 7//504/EEC and 90/425/EEC (OJ L 85, 5.4.1991, p. 3/) ELI: http ,7/data,europa, eu/ei i/d ir/1991/I 74/oj,
Council Decision 96/463/EC of 23 July 1996 designating the reference bo dy resp onsib I e for collaborating in rendering u n iform th e testing m eth ods and the a ssess m ent of the resu Its for purebred
1
The R egulation consolidates, simplifies and adapts to the Lisbon I reaty the majority of provisions laid down in those Directives in a single legal framework, in the form of a Regulation. In addition, itintroduces provisions on official controls and activitiesto be carried out by M ember States and the Commission.
Ac c ording to the provisions of the Regulation, the Commission is empowered to adopt a number of delegated and implementing acts. It also imposes on the Commission the obligation to reportto the co_leg islators on the exercise of the delegated powers itcontains.
This report is required under Article 61(2) of R egulation (EU) 2016/1012. P u rs u a nt to this provision, the power to adopt delegated acts concerning the m a tte rs listed therein is conferred on the Uommission for a period of five years from 19 Juiy 2016 and the Uom mission is required to prepare a report in respect of the delegated power at the latest nine months before the end of the five~year period.
As s et out in Art i cle 61(2), the Commission is empowered to adopt delegated acts referred to ih Artie,es 26(1), 29(5), 30(9) and 32(1) of Regu,at,on (EU) 2016/1012.
Artie,e 61(2) a, so lays down thatthe delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period, while Artie,e 61(3) states thatthe delegation of power may be revoked at any time by the European Parliament or by the Council.
During the reporting period, the Commission exercised its delegated powers conferred by Artie,e 32(1) of R egulation (EU) 2016/1012, by adopting the following mandatory delegated a ct.
• Commission Delegated Regulation (EU) 2017/1940 of 13 July 2017 supplementi ng Regulation (EU) 2016/1012 of the Luropean Parliament and of the uouncil as regards the content and format of zootechnical certificates issued for purebred breeding animals of the
5
equine species contained in a single lifetime identification documentfor equidae .
That Delegated Regulation streamlines the zootechnical certificate for purebred breeding animals of the equine species, as regards content and administrative procedure, with the single lifetime identification document referred to in Article 114 of R egulation (EU) 2016/429 of the European Parliament and of the Council ( A nimal Health Law) . The single lifetime identification document must accompany purebred breeding animals of the equine species at all times, including when they are moved within the Union. This De, egated Kegulation was transmitted to the Luropean Parliament and the uouncil, The E uropean Parliament and the Council did not request an extension of the objection period and raised no objections. The
b reed i ng animals of the bovine species (OJ L 192, 2,8,1996, P, 19) ELI:
http .'//data, eu r o p a , eu/e I i/d ec/1996/463/oj,
5 O J L 275, 25,10.2017, p. 1, EL I: http ',//data, europa, eu/e I i/reg_d e ,72017719407oj.
Regu iation (EU) 2016/429 of the LEuropean lariiament and of the Co unci! of 9 Ma rch 2016 o n transmissible animal d isea s es and amending and repealing certain a cts in the area of a n i m a I hea ith ('Anima! Health Lav.) (OJ L 84, 31.3.2016, p.
1) ELL' nttpV/data, europa, eu/e I ,/r eg/2016/429/oj,
2
Delegated Regulation was published in the Official Journal on 25 October 2017, entered i nto force on 14 N o v e m b e r 2017 and is applicable since 1 N o v e m b e r 2018.
By now the Commission has thus used one out of the four empowerments to adopt delegated acts as provided for in Kegulation (EU) 2016/1012. T he three remaining empowerments are not mandatory. They concern possible amendments of A nnex III [requirements for performance testing and genetic evaluation], r\ nnex IV [ requirements for and tasks of European Union reference centres] and A nnex V [content of zootechnical certificates] to the Regulation. These three Annexes contain a large number of technical elements, and their adaptation might be required, i nter alia, in the light of technical developments, scientific advances or the functioning of the internal market.
So far, no amendments to those A nnexes were required following technical developments or scientific advances. Neither was a need for their amendment indicated by the competent authorities of M emberStates or by stakeholders.
The Commission has duly delivered the delegated act based on the empowerment provided for in Article 32(1) of R e g u I at i o n (EU) 2016/1012, i.e. C om mission LJelegated Kegulation (EU) 2017/1940. The C om mission sees a need to maintain that empowerment as future amend ments of that Delegated Regulation may be required.
As the three empowerments concerning delegated acts amending A nnexes III, IV and V to Regulation (EU) 201 6/101 2 are clearly linked to scientific or technical advances, the Commission sees the need to maintain all those empowerments to adopt delegated acts as provided for in that Regulation. The possible need to develop and adopt delegated acts based on those empowerments is likely to arise in the future. It is important to maintain the necessary flexibili ty in the legal framework, as technicalities in r\ nnexes III, IV and V to th e Regulation might need to be updated due to future technical developments or scientific advances, or in the light of the fun ctioning of the internal market.
W ith this reportthe Uom mission complies with the reporting requirement under Article 61(2) of Kegulation (EU) 2016/1012 and invites the European Parliament and the Uouncil to take note of this report.
3