31979L0111

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( 1 ) OJ NO 121 , 29 . 7 . 1964 , P . 1977/64 .

( 2 ) OJ NO L 26 , 31 . 1 . 1977 , P . 81 .

( 3 ) OJ NO C 289 , 2 . 12 . 1978 , P . 4 .

( 4 ) OPINION DELIVERED ON 19 JANUARY 1979 ( NOT YET PUBLISHED IN THE OFFICIAL JOURNAL ).

( 5 ) OPINION DELIVERED ON 19 DECEMBER 1978 ( NOT YET PUBLISHED IN THE OFFICIAL JOURNAL ).

( 6 ) OJ NO L 15 , 19 . 1 . 1978 , P . 32 .

( 7 ) OJ NO L 16 , 20 . 1 . 1978 , P . 22 .

COUNCIL DIRECTIVE

OF 24 JANUARY 1979

AMENDING DIRECTIVE 64/432/EEC AS REGARDS BRUCELLOSIS AND PROLONGING , IN RESPECT OF BRUCELLOSIS , TUBERCULOSIS AND SWINE FEVER , CERTAIN DEROGATION MEASURES GRANTED TO DENMARK , IRELAND AND THE UNITED KINGDOM

( 79/111 / // EEC )

THE COUNCIL OF THE EUROPEAN

COMMUNITIES ,

HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY AND IN PARTICULAR ARTICLES 43 AND 100 THEREOF ,

HAVING REGARD TO COUNCIL DIRECTIVE 64/432/EEC OF 26 JUNE 1964 ON ANIMAL HEALTH PROBLEMS AFFECTING INTRA-COMMUNITY TRADE IN BOVINE ANIMALS AND SWINE ( 1 ), AS LAST AMENDED BY DIRECTIVE 77/98/EEC ( 2 ), AND IN PARTICULAR ARTICLE 4 ( A ) THEREOF ,

HAVING REGARD TO THE PROPOSAL FROM THE COMMISSION ( 3 ),

HAVING REGARD TO THE OPINION OF THE EUROPEAN PARLIAMENT ( 4 ),

HAVING REGARD TO THE OPINION OF THE ECONOMIC AND SOCIAL COMMITTEE ( 5 ),

WHEREAS THERE SEEM TO BE GROUNDS FOR A HERD OF CATTLE TO BE DESCRIBED AS OFFICIALLY BRUCELLOSIS-FREE IF IT IS SITUATED IN A MEMBER STATE WHICH HAS BEEN COMPLETELY FREE OF THE DISEASE FOR A LONG PERIOD ;

WHEREAS UNDER ARTICLE 104 ( 3 ) OF THE ACT OF ACCESSION , DENMARK , IRELAND AND THE UNITED KINGDOM WERE AUTHORIZED TO RETAIN , UNTIL 31 DECEMBER 1977 , THEIR NATIONAL PROVISIONS FOR DECLARING A HERD OF CATTLE OFFICIALLY FREE OF TUBERCULOSIS OR FREE OF BRUCELLOSIS ; WHEREAS THIS AUTHORIZATION WAS EXTENDED UNTIL 31 DECEMBER 1978 BY DIRECTIVE 78/51/EEC ( 6 );

WHEREAS , IN VIEW OF THE TIME REQUIRED TO PROVIDE SOLUTIONS TO BASIC TECHNICAL PROBLEMS , IT IS NECESSARY TO PROLONG BY SIX MONTHS THE DEROGATIONS BY VIRTUE OF WHICH THE NEW MEMBER STATES ARE AUTHORIZED TO RETAIN THE METHODS APPLIED IN THEIR TERRITORY FOR DECLARING A HERD OF CATTLE OFFICIALLY TUBERCULOSIS FREE OR , IN THE CASE OF IRELAND AND THE UNITED KINGDOM , BRUCELLOSIS-FREE WITHIN THE MEANING OF ARTICLE 2 OF DIRECTIVE 64/432/EEC ;

WHEREAS , FOR THE SAME REASON AND IN ORDER NOT TO INTERRUPT THE TRADITIONAL TRADE IN LIVE ANIMALS BETWEEN IRELAND AND THE UNITED KINGDOM , IT IS NECESSARY TO PROLONG FOR THE SAME PERIOD CERTAIN SPECIAL DEROGATIONS GRANTED IN RESPECT OF SUCH TRADE ;

WHEREAS AS REGARDS SWINE FEVER , DENMARK , IRELAND AND THE UNITED KINGDOM WERE ALSO AUTHORIZED , MOST RECENTLY UNDER DIRECTIVE 78/54/EEC ( 7 ), TO RETAIN THEIR NATIONAL PROVISIONS ON PROTECTION AGAINST THIS DISEASE ; WHEREAS ONLY COMMUNITY RULES ON SWINE FEVER CAN PROVIDE A DEFINITIVE SOLUTION TO THIS PROBLEM ; WHEREAS THESE RULES ARE BEING DRAWN UP ; WHEREAS THE DEROGATIONS GRANTED TO THE THREE MEMBER STATES REFERRED TO ABOVE SHOULD THEREFORE BE PROLONGED FOR A PERIOD OF ONE YEAR IN ORDER TO ENABLE THE COUNCIL TO ADOPT COMMON RULES IN THIS FIELD ,

HAS ADOPTED THIS DIRECTIVE :

ARTICLE 1

1 . THE FOLLOWING PARAGRAPH SHALL BE ADDED TO ANNEX A ( II ) ( A ) OF DIRECTIVE 64/432/EEC :

' 1A . A BOVINE HERD IS ALSO CONSIDERED TO BE OFFICIALLY BRUCELLOSIS-FREE IF :

- IT IS SITUATED IN A MEMBER STATE IN WHICH , ON 1 JANUARY 1979 , NO CASE OF BOVINE BRUCELLOSIS HAS BEEN OFFICIALLY RECORDED FOR AT LEAST 10 YEARS ;

- IT HAS THROUGHOUT THIS PERIOD SATISFIED THE PROVISIONS OF PARAGRAPH 1 ABOVE WITH THE EXCEPTION , PROVIDED THAT ALL THE BOVINE HERDS IN THE MEMBER STATE CONCERNED HAVE UNDERGONE REGULAR OFFICIAL TESTING , OF THOSE UNDER ( C ) ( II ). '

2 . ARTICLE 2 ( E ) OF DIRECTIVE 64/432/EEC SHALL BE REPLACED BY THE FOLLOWING :

' ( E ) OFFICIALLY BRUCELLOSIS-FREE BOVINE HERD : MEANS A BOVINE HERD WHICH SATISFIES THE CONDITIONS LAID DOWN IN ANNEX A ( II ) ( A ) ( 1 ) OR ( 1A ); ' .

ARTICLE 2

BY WAY OF DEROGATION FROM DIRECTIVE 64/432/EEC , DENMARK , IRELAND AND THE UNITED KINGDOM ARE HEREBY AUTHORIZED TO RETAIN THE METHODS APPLIED IN THEIR TERRITORY WHEREBY A HERD OF CATTLE BECOMES CONSIDERED TO BE OFFICIALLY TUBERCULOSIS-FREE , WITHIN THE MEANING OF ARTICLE 2 OF THAT DIRECTIVE .

THE PROVISIONS RELATING TO THE TESTS LAID DOWN FOR ANIMALS TRADED WITHIN THE COMMUNITY SHALL CONTINUE TO APPLY , SUBJECT TO ARTICLE 4 ( B ).

ARTICLE 3

BY WAY OF DEROGATION FROM DIRECTIVE 64/432/EEC , IRELAND AND THE UNITED KINGDOM ARE HEREBY AUTHORIZED TO RETAIN THE METHODS APPLIED IN THEIR TERRITORY WHEREBY A HERD OF CATTLE BECOMES CONSIDERED TO BE BRUCELLOSIS-FREE WITHIN THE MEANING OF ARTICLE 2 OF DIRECTIVE 64/432/EEC , SUBJECT TO THE APPLICATION OF THE PROVISIONS OF THAT DIRECTIVE RELATING TO THE PRESENCE OF ANIMALS VACCINATED AGAINST BRUCELLOSIS .

THE PROVISIONS RELATING TO THE TESTS LAID DOWN FOR ANIMALS TRADED WITHIN THE COMMUNITY SHALL CONTINUE TO APPLY , SUBJECT TO ARTICLE 4 ( A ).

ARTICLE 4

CATTLE MAY BE TRADED FROM IRELAND TO THE UNITED KINGDOM BY WAY OF DEROGATION FROM THE PROVISONS OF DIRECTIVE 64/432/EEC RELATING TO :

( A ) THE BRUCELLOSIS TEST LAID DOWN FOR ANIMALS TRADED WITHIN THE COMMUNITY , WHICH SHALL NOT APPLY TO TRADE IN CASTRATED CATTLE ;

( B ) THE INTRADERMAL TUBERCULIN TEST LAID DOWN FOR ANIMALS TRADED WITHIN THE COMMUNITY , WHICH SHALL BE REPLACED BY A TEST IN ACCORDANCE WITH THE NATIONAL RULES OF THE ABOVEMENTIONED RECEIVING MEMBER STATE .

ARTICLE 5

IN ARTICLE 3 OF DIRECTIVE 78/51/EEC , THE DATE ' 31 DECEMBER 1978 ' SHALL BE REPLACED BY ' 31 JANUARY 1979 ' .

IN ARTICLES 1 AND 2 OF DIRECTIVE 78/54/EEC , THE DATE ' 31 DECEMBER 1978 ' SHALL BE REPLACED BY ' 30 JUNE 1979 ' .

ARTICLE 6

ARTICLES 2 , 3 AND 4 SHALL APPLY FROM 1 FEBRUARY TO 30 JUNE 1979 .

ARTICLE 7

MEMBER STATES SHALL BRING INTO FORCE THE LAWS , REGULATIONS AND ADMINISTRATIVE PROVISIONS NECESSARY TO COMPLY WITH THIS DIRECTIVE AND SHALL FORTHWITH INFORM THE COMMISSION THEREOF .

ARTICLE 8

THIS DIRECTIVE IS ADDRESSED TO THE MEMBER STATES .

DONE AT BRUSSELS , 24 JANUARY 1979 .

FOR THE COUNCIL

THE PRESIDENT

J . FRANCOIS-PONCET