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Zootechnical legislation

Overall state of play:

Commission proposal adopted on 11 February 2014, COM(2014)5
Legal act adopted on 8 June 2016, Regulation (EU) 2016/1012
Application on 1 November 2018, Article 65 from 19 July 2016
Transposition deadline for two amended Directives 1 November 2018

State of play, main conclusions, outlook

The Regulation provides a single legal framework for the rules applicable to the breeding, trade and entry into the Union of breeding animals (bovine, porcine, ovine, caprine and equine species) and their germinal products. It incorporates the updated acquis and creates the legal base for official zootechnical controls and activities. The purpose of the Regulation is also to promote cross-border activities of breed societies, focus the scope on the breeding of livestock, clarify a number of technical issues and protect genetic diversity.

The format of a Regulation was chosen to ensure harmonised application of the measures and to prevent trade problems previously encountered due to national transposition.

State of Play:

COM(2014)5, adopted by the Commission on 11 February 2014

Which objective(s) does the Commission pursue?

The proposed Regulation was intended to clarify and simplify the current legislation. Simplification aspects included:

• recognition and listing of breed societies and breeding operations in Member States and third countries,

• approval of breeding programmes,

• conditions for entering purebred breeding animals in breeding books, and their classification according to merits, and for the registration of hybrid breeding pigs in registers,

• rules on performance testing and genetic evaluation,

• content of zootechnical certificates for breeding animals and their semen, ova and embryos.

The proposal also aimed

• to consolidate existing rules for the promotion of free trade in breeding animals and their germinal products, and to update those rules to technical advances and established practices;

• to promote cross-border activities of breed societies providing their services under fair competition conditions;

• to align these rules with the requirements of the Lisbon Treaty;

• to simplify the legislative framework in a single Regulation replacing 8 species-specific Directives, which are largely identical but in parts confuse with different language and terminology;

• to establish rules on official controls and activities following the principles of the Regulation on official controls.

The Regulation empowers the Commission to adopt delegated and implementing acts supplementing general rules.

State of Play:

Adopted 8 June 2016, Regulation (EU) 2016/1012
Application on 1 November 2018, Article 65 from 19 July 2016
Transposition deadline for amended Directives 1 November 2018

Outcome of Legislative Procedure

In general, Council's and Parliament's positions supported the main REFIT objectives of the proposal.

Only the following amendments proposed by the Council and agreed by the European Parliament and by the Commission have an impact on the simplification objectives.

• Additional requirements imposed on authorities to justify their refusal to approve a breeding programme of a new breed society, or the extension of the geographical area of activity of a breeding programme into another Member State. Refusals should be justified by one of the following reasons: if the approval would jeopardise the breeding programme carried out on that breed by an existing breed society in general, or if it would negatively impact the characteristics of the breed, or if it would jeopardize the overall objectives of that breeding programme;
• Removal of the proposed empowerment to adopt delegated acts on the zootechnical rules related to breeding animals of species other than bovine, porcine, ovine, caprine and equine species;
• Removal of the provisions on dispute settlement between breeders and breed societies and delegation of the settling of such disputes to breed societies and Member States on the basis of subsidiarity;
• Introduction of definitions of “breed” and “breeding programme”;
• Simplification of the proposed provisions on official controls.

However all the main objectives and a large part of the details of the original proposal have been preserved.

State of Play:

In relation to the content of zootechnical certificates for breeding animals and their semen, ova and embryos the following implementing act and delegated act have been adopted:

• Commission Implementing Regulation (EU) 2017/717 of 10 April 2017 laying down rules for the application of Regulation (EU) 2016/1012 of the European Parliament and of the Council with regard to the model forms of zootechnical certificates for breeding animals and their germinal products (OJ L 109, 26.4.2017, p. 9)

• Commission Delegated Regulation (EU) 2017/1940 of 13 July 2017 supplementing Regulation (EU) 2016/1012 of the European Parliament and of the Council as regards the content and format of zootechnical certificates issued for purebred breeding animals of the equine species contained in a single lifetime identification document for equidae (OJ L 275, 25.10.2017, p. 1)

In relation to the recognition and listing of breed societies and breeding operations in Member States and third countries the following implementing act has been adopted:

• Commission Implementing Regulation (EU) 2017/716 of 10 April 2017 laying down rules for the application of Regulation (EU) 2016/1012 of the European Parliament and of the Council with regard to the model forms to be used for the information to be included in the lists of recognised breed societies and breeding operations (OJ L 109, 26.4.2017, p. 1)