Council Directive 88/661/EEC of 19 December 1988 on the zootechnical standards applicable to breeding animals of the porcine species
Modified by
  • Actconcerning the conditions of accession of the Kingdom of Norway, the Republic of Austria, the Republic of Finland and the Kingdom of Sweden and the adjustments to the Treaties on which the European Union is founded(94/C 241/08)Decision of the Council of the European Unionof 1 January 1995adjusting the instruments concerning the accession of new Member States to the European Union(95/1/EC, Euratom, ECSC), 194N395D0001, August 29, 1994
  • Decision of the Council of the European Unionof 1 January 1995adjusting the instruments concerning the accession of new Member States to the European Union(95/1/EC, Euratom, ECSC), 395D0001, January 1, 1995
  • Council Regulation (EC) No 806/2003of 14 April 2003adapting to Decision 1999/468/EC the provisions relating to committees which assist the Commission in the exercise of its implementing powers laid down in Council instruments adopted in accordance with the consultation procedure (qualified majority), 303R0806, May 16, 2003
  • Council Directive 2008/73/ECof 15 July 2008simplifying procedures of listing and publishing information in the veterinary and zootechnical fields and amending Directives 64/432/EEC, 77/504/EEC, 88/407/EEC, 88/661/EEC, 89/361/EEC, 89/556/EEC, 90/426/EEC, 90/427/EEC, 90/428/EEC, 90/429/EEC, 90/539/EEC, 91/68/EEC, 91/496/EEC, 92/35/EEC, 92/65/EEC, 92/66/EEC, 92/119/EEC, 94/28/EC, 2000/75/EC, Decision 2000/258/EC and Directives 2001/89/EC, 2002/60/EC and 2005/94/EC(Text with EEA relevance), 308L0073, August 14, 2008
Council Directiveof 19 Decemberon the zootechnical standards applicable to breeding animals of the porcine species(88/661/EEC) THE COUNCIL OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Economic Community, and in particular Article 43 thereof,Having regard to the proposal from the CommissionOJ No C 44, 21.2.1980, p. 12.,Having regard to the opinion of the European ParliamentOJ No C 147, 16.6.1980, p. 34.,Having regard to the opinion of the Economic and Social CommitteeOJ No C 182, 21.7.1980, p. 5.,Whereas the breeding and production of animals of the porcine species occupy a very important place in Community agriculture; whereas they may be a source of income for part of the agricultural population;Whereas production of animals of the porcine species should be encouraged; whereas satisfactory results in this field depend to a large extent on the use of pure-bred or hybrid breeding animals;Whereas most Member States have hitherto endeavoured, as part of their national breeding policies, to promote the production of livestock meeting specific zootechnical standards; whereas the existence of disparities in the implementation of these policies may hinder intra-Community trade;Whereas, if these disparities are to be removed, thereby increasing agricultural productivity in this sector, intra-Community trade in all breeding pigs must be progressively liberalized; whereas the total liberalization of trade presupposes subsequent further harmonization, in particular with regard to approval for breeding and criteria governing entry in herd-books or registers;Whereas it must be possible for Member States to require certificates drawn up in accordance with a Community procedure to be presented;Whereas implementing measures should bet taken; whereas, for the application of such measures, a procedure should be laid down establishing close cooperation between Member States and the Commission within the Standing Committee on Zootechnics set up by the Council by Decision 77/505/EECOJ No L 206, 12.8.1977, p. 11.;Whereas, pending further Community decisions, Member States may continue to apply their national provisions in accordance with the general rules laid down in the Treaty;Whereas it must be ensured that breeding pigs cannot be imported from non-member countries subject to conditions which are more favourable than those applied within the Community;Whereas, bearing in mind the special conditions obtaining in Spain and Portugal, provision should be made for a further time limit for the implementation of this Directive,HAS ADOPTED THIS DIRECTIVE:
CHAPTER IDefinitions
Article 1For the purposes of this Directive, the following definitions shall apply:(a)pure-bred breeding pig: any animal of the porcine species, the parents and grandparents of which are entered or registered in a herd-book of the same breed and which is itself entered or registered and eligible for entry in such a herd-book;(b)hybrid breeding pig: any animal of the porcine species which fulfils the following criteria:1.it is produced by deliberate cross-breeding:between pure-bred breeding pigs of different breeds or lines,between animals which are themselves the outcome of a cross between different breeds or lines,or between pure-bred animals and animals belonging to one or other of the above categories;2.it must be entered in a register;(c)herd-book: any book, file or data medium:which is maintained either by a breeders' association officially approved by the Member State in which that association is established or by an official service of the Member State in question,Member States may, however, also provide that it be maintained by a breeding organization officially approved by the Member State in which that organization is established,in which pure-bred breeding pigs of a specified breed are entered or registered with mention of their ancestors;(d)register: any book, file or data medium:which is maintained either by a breeders' association, a breeding organization or a private undertaking officially approved by the Member State in which that association, organization or undertaking is established, or by an official service of the Member State in question,in which hybrid breeding pigs are entered with mention of their ancestors.
CHAPTER IIRules governing intra-Community trade in pure-bred breeding pigs
Article 21.Member States may not prohibit, restrict or impede on zootechnical grounds:intra-Community trade in pure-bred breeding pigs or in their semen, ova and embryos,the establishment of herd-books, provided that they meet the conditions laid down pursuant to Article 6,the official approval of breeders' associations or breeding organizations as referred to in Article 1 (c), which establish or maintain herd-books in accordance with Article 6.2.However, Member States may continue to apply their national provisions which comply with the general rules of the Treaty pending the entry into force of the relevant Community decisions referred to in Articles 3, 5 and 6.
Article 3The Council, acting by a qualified majority on a proposal from the Commission, shall adopt by not later than 31 December 1990 Community provisions for the approval of pure-bred breeding pigs for breeding.
Article 41.Breeders' associations and/or breeding organizations as referred to in Article 1 (c) which are officially approved by a Member State and/or the official service of a Member State may not oppose the entry in their herd-books of pure-bred breeding pigs from other Member States, provided that they satisfy the requirements laid down in accordance with Article 6.2.However, Member States may require or allow certain pure-bred breeding pigs dispatched from another Member State and having specific characteristics distinguishing them from the population of the same breed in the Member State of destination to be entered in a separate section of the herd-book for the breed to which they belong.
Article 4aMember 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).
Article 5Member States may require pure-bred breeding pigs and the semen, ova and embryos of such animals to be accompanied at the time of their marketing by certificates drawn up in accordance with Article 6.
Article 61.The following shall be determined in accordance with the procedure laid down in Article 11:methods for monitoring performance and assessing the genetic value of pure-bred breeding pigs,the criteria governing the establishment of herd-books,the criteria governing entry in herd-books,the criteria for approval and supervision of breeders' associations and/or breeding organizations as referred to in Article 1 (c) which establish or maintain herd-books,the certificate mentioned in Article 5.2.Pending entry into force of the provisions provided for in paragraph 1, the monitoring referred to in the first indent of paragraph 1 officially carried out in each Member State and the herd-books shall be recognized by the other Member States.
CHAPTER IIIRules governing intra-Community trade in hybrid breeding pigs
Article 71.Member States may not prohibit, restrict or impede on zootechnical grounds:intra-Community trade in hybrid breeding pigs or the semen, ova and embryos of such animals,the establishment of registers, provided that they meet the conditions laid down pursuant to Article 10,the official approval of breeders' associations and/or breeding organizations and/or private undertakings as referred to in Article 1 (d) which establish or maintain registers in accordance with Article 10.2.However, Member States may continue to apply their national provisions which comply with the general rules of the Treaty pending the entry into force of the relevant Community decisions referred to in Articles 8, 9 and 10.
Article 7aMember 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 8The Council acting by a qualified majority on a proposal from the Commission shall, not later than 31 December 1990, adopt Community provisions for the approval of hybrid breeding pigs for breeding.
Article 9Member States may require hybrid breeding pigs and the semen, ova and embryos of such animals to be accompanied at the time of their marketing by certificates drawn up in accordance with Article 10.
Article 101.The following shall be determined in accordance with the procedure laid down in Article 11:methods for monitoring performance and assessing the genetic value of hybrid breeding pigs,the criteria governing the establishment of registers,the criteria governing entry in registers,the criteria governing the approval and monitoring of breeders' associations and breeding organizations and/or private undertakings as referred to in Article 1 (d), establishing or maintaining registers,the certificate mentioned in Article 9.2.Pending entry into force of the provisions provided for in paragraph 1, the monitoring referred to in the first indent of paragraph 1 officially carried out in each Member State and the registers shall be recognized by the other Member States.
CHAPTER IVGeneral provisions
Article 111.The Commission shall be assisted by the Standing Committee on Zootechnics set up pursuant Decision 77/505/EEC.2.Where reference is made to this Article, Articles 5 and 7 of Decision 1999/468/ECOJ L 31, 1.2.2002, p. 1. shall apply.The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at three months.3.The Committee shall adopt its Rules of Procedure.
Article 12Pending the implementation of Community rules on the subject, the zootechnical conditions applicable to imports of pure-bred and hybrid breeding pigs from third countries must not be more favourable than those governing intra-Community trade.
Article 13Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive not later than 1 January 1991. They shall forthwith inform the Commission thereof.However the Kingdom of Spain and the Portugese Republic shall dispose of a further period of two years within which to comply with this Directive, except in cases where the Council, acting by a qualified majority on a proposal from the Commission, decides to extend that derogation.
Article 14This Directive is addressed to the Member States.
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