Procedure : 2014/0032(COD)
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Document selected : A8-0288/2015

Texts tabled :

A8-0288/2015

Debates :

Votes :

PV 12/04/2016 - 5.8
CRE 12/04/2016 - 5.8
Explanations of votes

Texts adopted :

P8_TA(2016)0101

REPORT     ***I
PDF 1246kWORD 891k
15.10.2015
PE 557.277v02-00 A8-0288/2015

on the proposal for a regulation of the European Parliament and of the Council on the zootechnical and genealogical conditions for trade in and imports into the Union of breeding animals and their germinal products

(COM(2014)0005 – C7‑0032/2014 – 2014/0032(COD))

Committee on Agriculture and Rural Development

Rapporteur: Michel Dantin

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

on the proposal for a regulation of the European Parliament and of the Council on the zootechnical and genealogical conditions for trade in and imports into the Union of breeding animals and their germinal products

(COM(2014)0005 – C7‑0032/2014 – 2014/0032(COD))

(Ordinary legislative procedure: first reading)

The European Parliament,

–  having regard to the Commission proposal to Parliament and the Council (COM(2014)0005),

–  having regard to Article 294(2) and Articles 42 and 43(2) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7-0032/2014),

–  having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

–  having regard to the opinion of the European Economic and Social Committee of 25 March 2014(1)

–  having regard to Rule 59 of its Rules of Procedure,

–  having regard to the report of the Committee on Agriculture and Rural Development and the opinion of the Committee on the Environment, Public Health and Food Safety (A8-0288/2015),

1.  Adopts its position at first reading hereinafter set out;

2.  Calls on the Commission to refer the matter to Parliament again if it intends to amend its proposal substantially or replace it with another text;

3.  Instructs its President to forward its position to the Council, the Commission and the national parliaments.

Amendment    1

Proposal for a regulation

Recital 1

Text proposed by the Commission

Amendment

(1) The breeding of domestic animals of the bovine, porcine, ovine, caprine and equine species, and to a lesser extent the breeding of animals of other species, occupy an important place in Union agriculture and is a source of income for the agricultural community. The breeding of animals of those species is best encouraged if purebred breeding animals or hybrid breeding pigs of recorded high genetic quality are used.

(1) The breeding of livestock of the bovine, porcine, ovine, caprine and equine species, and to a lesser extent the breeding of animals of other species, occupies a strategic place in Union agriculture in economic and social terms. That agricultural activity, which contributes to food security in the Union, is a source of income for the agricultural community. Breeding also play a key role in conserving rare breeds and thereby in protecting biodiversity. The breeding of animals of those species is best encouraged if purebred breeding animals or hybrid breeding pigs of recorded high genetic quality are used. The importance of cross-breeding in bovine, ovine and caprine species should also be taken into account.

Amendment    2

Proposal for a regulation

Recital 2 a (new)

Text proposed by the Commission

Amendment

 

(2a) However, efforts to achieve competitiveness should not lead to the disappearance of breeds with characteristics that are adapted to specific biophysical contexts. Local breeds may be at risk if they are not maintained in sufficient numbers, which would represent a loss of biogenetic diversity.

Amendment    3

Proposal for a regulation

Recital 2 b (new)

Text proposed by the Commission

Amendment

 

(2b) Animal health and welfare, including transport conditions for live animals, are concerns that need to be taken into account by all actors in the zootechnical sector, in particular with regard to genetic improvement of breeds. The Commission should therefore ensure that those concerns are duly taken into account in the delegated and implementing acts that are to be adopted for the effective implementation of this Regulation.

Amendment     4

Proposal for a regulation

Recital 4

Text proposed by the Commission

Amendment

(4) Council Directive 87/328/EEC of 18 June 1987 on the acceptance for breeding purposes of pure-bred breeding animals of the bovine species10, Council Directive 90/118/EEC of 5 March 1990 on the acceptance of pure-bred breeding pigs for breeding11 and Council Directive 90/119/EEC of 5 March 1990 of hybrid breeding pigs for breeding12 were adopted to prevent national rules relating to the acceptance for breeding purposes of breeding animals of the bovine and porcine species and the production and use of their semen, oocytes and embryos constituting a prohibition or restriction on intra-Union trade or an obstacle thereto whether in the case of natural services, artificial insemination or the collection of semen, oocytes or embryos.

Does not affect English version.

___________

 

10 OJ L 167, 26.6.1987, p. 54. .

 

11 OJ L 71, 17.03.90, p. 34. .

 

12 OJ L 71, 17.03.90, p. 36. .

 

Justification

Linguistic correction to the Hungarian term for ‘artificial insemination’.

Amendment     5

Proposal for a regulation

Recital 7

Text proposed by the Commission

Amendment

(7) Union legislation on the breeding of animals has also contributed to the preservation of animal genetic resources, the protection of genetic biodiversity and to the production of typical quality regional products that rely on the specific hereditary characteristics of local breeds of domestic animals.

(7) Union legislation on the breeding of animals has also contributed to the preservation of animal genetic resources, the protection of genetic biodiversity and the Union’s cultural heritage and the production of typical quality regional products that rely on the specific hereditary characteristics of local breeds of domestic animals.

Amendment     6

Proposal for a regulation

Recital 10

Text proposed by the Commission

Amendment

(10) In addition, experience has shown that in order to facilitate the application of the rules provided for in those Directives a number of the provisions require more precise wording and consistent terminology. In the interests of clarity and consistency of Union legislation, it is also appropriate to provide for more definitions.

(10) In addition, experience has shown that in order to facilitate the application of the rules provided for in those Directives a number of the provisions require more precise wording and consistent terminology that is standard across all Member States. In the interests of clarity and consistency of Union legislation, it is also appropriate to provide for more definitions, including a definition of ‘breed’.

Amendment    7

Proposal for a regulation

Recital 11

Text proposed by the Commission

Amendment

(11) However, the terminus "breed" should remain an undetermined legal concept allowing breed societies to describe the group of animals of sufficient genetic uniformity that they consider as distinct from other animals of that species and to enter them with mention of their known ascendants in breeding books in order to reproduce their inherited characteristics by way of reproduction, exchange and selection within the framework of an established breeding programme.

deleted

Justification

The concept of a ‘breed’ occurs throughout the regulation, but it is not defined. For reasons of legal certainty, your rapporteur is proposing a definition.

Amendment     8

Proposal for a regulation

Recital 13

Text proposed by the Commission

Amendment

(13) Accordingly, the rules on purebred breeding animals laid down in this Regulation should aim at granting access to trade based on agreed principles applicable to the recognition of breed societies managing breeds and the approval of their respective breeding programmes. This Regulation should also lay down criteria governing the entry of purebred breeding animals in the different classes of the main section of breeding books, rules for performance testing and genetic evaluation and criteria for the acceptance of breeding animals for breeding as well as the content of the zootechnical certificates.

(13) Accordingly, the rules on purebred and crossbred breeding animals laid down in this Regulation should aim at granting access to trade based on agreed principles applicable to the recognition of breed societies managing breeds and the approval of their respective breeding programmes. This Regulation should also lay down criteria governing the entry of purebred breeding animals in the different classes of the main section of breeding books, the entry of crossbred breeding animals in supplementary sections of breeding books, rules for performance testing and genetic evaluation and criteria for the acceptance of breeding animals for breeding as well as the content of the zootechnical certificates.

Justification

Crossbred breeding should be enabled in this regulation in order to facilitate trade within the internal market.

Amendment    9

Proposal for a regulation

Recital 14

Text proposed by the Commission

Amendment

(14) Similarly, the rules on hybrid breeding pigs laid down in this Regulation should aim at granting access to trade based on agreed principles applicable to the recognition of breeding operations managing different crosses of hybrid breeding pigs and the approval of their respective breeding programmes. This Regulation should also lay down criteria governing the entry of hybrid breeding pigs in the main section of breed registers, rules for performance testing, genetic evaluation and criteria for the acceptance of hybrid breeding pigs for breeding as well as the content of the zootechnical certificates.

(14) Similarly, the rules on hybrid breeding pigs laid down in this Regulation should aim at granting access to trade based on agreed principles applicable to the recognition of breeding operations managing different crosses of hybrid breeding pigs and the approval of their respective breeding programmes. This Regulation should also lay down criteria governing the entry of hybrid breeding pigs in the main section of zootechnical registers, rules for performance testing, genetic evaluation and criteria for the acceptance of hybrid breeding pigs for breeding as well as the content of the zootechnical certificates.

 

(This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.)

Justification

The term 'breed register' is already used in some Member States to denote documents other than that to which this text refers. In the interests of clarity, a different term should be used: 'zootechnical register'.

Amendment    10

Proposal for a regulation

Recital 14 a (new)

Text proposed by the Commission

Amendment

(14a) Animal health and welfare should be taken into account by actors in the zootechnical sector, in particular in their work on the genetic improvement of breeds.

Amendment    11

Proposal for a regulation

Recital 14 b (new)

Text proposed by the Commission

Amendment

(14b) Issues relating to cloning should not be addressed in this Regulation.

Amendment     12

Proposal for a regulation

Recital 15

Text proposed by the Commission

Amendment

(15) Since the objective of this Regulation, namely to ensure a harmonised approach to trade in breeding animals and their germinal products and their imports into the Union and to the official controls necessary to be performed on breeding programmes carried out by breed societies and breeding operations, cannot be sufficiently achieved by the Member States at national level and can therefore, by reason of its effect, complexity, trans-border and international character, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as referred to in Article 5 of the Treaty on European Union. Since the scope of this Regulation is limited to what is necessary in order to achieve its objectives, it also respects the principle of proportionality as referred to in Article 5(4) of that Treaty.

(15) Since the objective of this Regulation, namely to ensure a harmonised approach to trade in breeding animals and their germinal products and their imports into the Union, with an eye to the degree to which livestock breeders form associations, the capital levels of those associations and the effectiveness of breeding programmes, and to the official controls necessary to be performed on breeding programmes carried out by breed societies and breeding operations, cannot be sufficiently achieved by the Member States at national level and can therefore, by reason of its effect, complexity, trans-border and international character, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as referred to in Article 5 of the Treaty on European Union. Since the scope of this Regulation is limited to what is necessary in order to achieve its objectives, it also respects the principle of proportionality as referred to in Article 5(4) of that Treaty.

Amendment    13

Proposal for a regulation

Recital 16

Text proposed by the Commission

Amendment

(16) The quality of the services provided by breed societies and breeding operations and the way that they evaluate and classify animals has an impact on the value of breeding animals on the market. Accordingly, rules should be laid down for the recognition of breed societies and breeding operations based on harmonised Union criteria and their supervision by the competent authority of Member States in order to ensure that the rules established by them do not create disparities between breeding programmes and breeding standards and thereby create technical barriers to intra-Union trade.

(16) The quality of the services provided by breed societies and breeding operations and the way that they evaluate and classify animals define the animal's performance level and have an impact on the value of breeding animals on the market. Accordingly, rules should be laid down for the recognition of breed societies and breeding operations based on harmonised Union criteria and their supervision by the competent authority of Member States in order to ensure that the rules established by them do not create disparities between breeding programmes and breeding standards and thereby create technical barriers to intra-Union trade.

Amendment    14

Proposal for a regulation

Recital 18

Text proposed by the Commission

Amendment

(18) The right of recognition of a breed society or breeding operation which meets the established criteria is a fundamental principle of Union zootechnical legislation. The protection of the economic activity of an existing recognised breed society should no longer justify the refusal by the competent authority of the recognition of a further breed society for the same breed. The same applies for the approval of the geographical extension of a breeding programme, which is carried out on the same breed or on breeding animals that can be recruited from the breeding population of the existing breed society. However, the competent authority should have the legal base to refuse recognition or approval where there is a substantiated risk that such recognition or approval would compromise the preservation of a rare breed or the protection of the genetic diversity.

(18) The right of recognition of a breed society or breeding operation which meets the established criteria is a fundamental principle of Union zootechnical legislation. The protection of the economic activity of an existing recognised breed society should no longer justify the refusal by the competent authority of the recognition of a further breed society for the same breed. The same applies for the approval of the geographical extension of a breeding programme, which is carried out on the same breed or on breeding animals that can be recruited from the breeding population of the existing breed society. However, the competent authority should have the legal base to refuse recognition or approval where there is a substantiated risk that such recognition or approval would compromise the preservation of a rare breed or the protection of the genetic diversity. Such a legal basis should not be used for other purposes than those set by this Regulation and could not in any event justify violations of the principles governing the internal market.

Amendment    15

Proposal for a regulation

Recital 19 a (new)

Text proposed by the Commission

Amendment

(19a) The Union is a contracting party to the Convention on Biological Diversity, the objectives of which are the conservation of biological diversity, the sustainable use of its components and the fair and equitable sharing of the benefits arising out of the utilisation of genetic resources. That Convention stipulates that states have sovereign rights to their biological resources and are responsible for the conservation of their biological diversity and the sustainable use of their biological resources. The Union is also a contracting party to the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilisation. This Regulation should therefore take account of the obligations of Member States and enable them to meet those obligations in the sustainable management of their zoogenetic resources.

Justification

As reference will be made to the Nagoya Protocol and to the Convention on Biological Diversity in this regulation, the context should be spelled out.

Amendment     16

Proposal for a regulation

Recital 20

Text proposed by the Commission

Amendment

(20) Breed societies and breeding operations recognised in one Member State should have the possibility to implement their approved breeding programme in one or more other Member States in order to ensure the best possible utilisation of breeding animals of high genetic value as an important production factor within the Union. To this end a simple notification procedure should ensure that the competent authority in the other Member State is aware of the intended activity.

(20) Breed societies and breeding operations recognised in one Member State should have the possibility to implement their approved breeding programme in one or more other Member States in order to ensure the best possible utilisation of breeding animals of high genetic value as an important production factor within the Union. To this end certification arrangements should be introduced for those societies in order to guarantee the quality of their breeding programmes, while a simple notification procedure should ensure that the competent authority in the other Member State is aware of the intended activity.

Amendment    17

Proposal for a regulation

Recital 20 a (new)

Text proposed by the Commission

Amendment

 

(20a) Cross-border cooperation should be facilitated between breed societies and breeding operations which wish to engage in such cooperation, while ensuring free enterprise and the removal of obstacles to the free movement of breeding animals and their genetic material. Such Union partnership arrangements would help in particular to strengthen the Union identity of particular breeds by sharing resources and pooling information with a view to greater reliability and a higher profile.

Amendment    18

Proposal for a regulation

Recital 23

Text proposed by the Commission

Amendment

(23) The Commission should be empowered to adopt delegated acts amending Annex I in order to adapt the criteria for the recognition of breed societies and breeding operations and for the approval of breeding programmes to developments in the breeding sector.

deleted

Justification

There are far too many delegated acts, and they are far too broad in scope and relate to key aspects of the text.

Amendment     19

Proposal for a regulation

Recital 24

Text proposed by the Commission

Amendment

(24) It is necessary to clarify the relationship between breeders and breed societies and breeding operations notably to ensure their right of membership in breed societies and breeding operations and their right to participate in the breeding programme within the geographical area where it is carried out. Breed societies should have rules that prevent discrimination of breeders because of their origin and must provide a minimum of service.

(24) It is necessary to clarify the relationship between breeders and breed societies and breeding operations notably to ensure their right of membership in breed societies and breeding operations and their right to participate in the breeding programme within the geographical area, which may straddle national borders, where it is carried out. Breed societies should have rules that prevent discrimination of breeders because of their origin and must provide a minimum of service.

Amendment    20

Proposal for a regulation

Recital 34

Text proposed by the Commission

Amendment

(34) Performance testing and genetic evaluation may be carried out by institutions designated by the breed society or the breeding operation. Those designated institutions shall cooperate with the European Union reference centres designated by the Commission. The Commission should therefore be empowered to designate by way of implementing acts European Union reference centres and the necessary powers should be granted to the Commission to adopt delegated acts describing their duties and functions, where necessary by amending Annex IV. Those reference centres qualify for Union aid in accordance with Council Decision 2009/470/EC of 25 May 2009 on expenditure in the veterinary field14. In the case of purebred breeding animals of the bovine species, performance testing and genetic evaluation carried out by a breed society are at present assisted by the Interbull Centre, the European Union reference body designated by Council Decision 96/463/EC of 23 July 1996 designating the reference body responsible for collaborating in rendering uniform the testing methods and the assessment of the results for purebred breeding animals of the bovine species15.

(34) Performance testing and genetic evaluation may be carried out by institutions designated by the breed society or the breeding operation. Those designated institutions shall cooperate with the European Union reference centres designated by the Commission. The Commission should therefore be empowered to designate by way of implementing acts European Union reference centres and the necessary powers should be granted to the Commission to adopt delegated acts describing their duties and functions, where necessary by amending Annex IV. Those reference centres qualify for Union aid in accordance with Regulation (EU) No 652/2014 of the European Parliament and of the Council14. In the case of purebred breeding animals of the bovine species, performance testing and genetic evaluation carried out by a breed society are at present assisted by the Interbull Centre, a permanent subcommittee of the International Committee for Animal Recording (ICAR), designated by Council Decision 96/463/EC of 23 July 1996 as the reference body responsible for collaborating in rendering uniform the testing methods and the assessment of the results for purebred breeding animals of the bovine species15.

_______________

_______________

4 OJ L 155, 18.6.2009, p. 30.

14 Regulation (EU) No 652/2014 of the European Parliament and of the Council of 15 May 2014 laying down provisions for the management of expenditure relating to the food chain, animal health and animal welfare, and relating to plant health and plant reproductive material, amending Council Directives 98/56/EC, 2000/29/EC and 2008/90/EC, Regulations (EC) No 178/2002, (EC) No 882/2004 and (EC) No 396/2005 of the European Parliament and of the Council, Directive 2009/128/EC of the European Parliament and of the Council and Regulation (EC) No 1107/2009 of the European Parliament and of the Council and repealing Council Decisions 66/399/EEC, 76/894/EEC and 2009/470/EC (OJ L 189, 27.6.2014, p. 1).

15 OJ L 192, 2.8.1996, p. 19.

15 OJ L 192, 2.8.1996, p. 19.

Amendment    21

Proposal for a regulation

Recital 35

Text proposed by the Commission

Amendment

(35) Since detailed provisions are made in this Regulation for the breeding of animals of the bovine, porcine, ovine, caprine and equine species only, it is necessary to empower the Commission to adopt delegated acts on the recognition of breed societies, approval of breeding programmes, entry of breeding animals in breeding books, performance testing and genetic evaluation and the acceptance for breeding as well as to adopt implementing acts for the zootechnical certificates pertaining to trade in breeding animals of other species and their germinal products and their imports into the Union should this be required to remove obstacles to trade.

deleted

Justification

There are far too many delegated acts, and they are far too broad in scope and relate to key aspects of the text. Furthermore, other species must be incorporated into this regulation only on the basis of codecision arrangements.

Amendment     22

Proposal for a regulation

Recital 36

Text proposed by the Commission

Amendment

(36) The import of breeding animals and their germinal products is essential for the European agriculture. Imports of breeding animals and their germinal products should therefore be carried out under conditions closely in line with those rules applicable to trade between Member States. However, breeding animals and their germinal products should only be entitled for entry in the main section of a breeding book or breed register in the Union, if the level of official controls carried out in the exporting third country ensures the same certainty of pedigree details and the results of performance testing and genetic evaluation as in the Union. In addition, breeding bodies in third countries should accept as a matter of reciprocity breeding animals and their germinal products from the respective breed society or breeding operation recognised in the Union.

(36) The import of breeding animals and their germinal products is essential for the European agriculture. Imports of breeding animals and their germinal products should therefore be carried out under conditions closely in line with those rules applicable to trade between Member States and should comply with all the standards relating to the quality of imported material. However, breeding animals and their germinal products should only be entitled for entry in the main section of a breeding book or breed register in the Union, if the level of official controls carried out in the exporting third country ensures the same certainty of pedigree details and the results of performance testing and genetic evaluation as in the Union. In addition, breeding bodies in third countries should accept as a matter of reciprocity breeding animals and their germinal products from the respective breed society or breeding operation recognised in the Union.

Amendment     23

Proposal for a regulation

Recital 43

Text proposed by the Commission

Amendment

(43) The Commission should carry out controls in Member States as appropriate and in particular in the light of the results of the official controls carried out by Member States to ensure the application of the zootechnical and genealogical rules laid down in this Regulation in all Member States.

(43) The Commission should carry out risk-based controls in Member States and in particular in the light of the results of the official controls carried out by Member States to ensure the application of the zootechnical and genealogical rules laid down in this Regulation in all Member States.

Amendment     24

Proposal for a regulation

Recital 44

Text proposed by the Commission

Amendment

(44) With a view to establishing the lists of third countries from where imports into the Union of breeding animals and their semen, oocytes and embryos should be allowed, to drawing up the conditions for such imports, to obtaining information relating to the functioning of bilateral agreements and where any serious infringement of the conditions for such imports laid down in this Regulation so warrants, the Commission should be empowered to carry out controls in third countries on behalf of the Union, as appropriate.

(44) With a view to establishing the lists of third countries from where imports into the Union of breeding animals and their semen, oocytes and embryos should be allowed, and to drawing up the conditions for such imports, it is necessary to obtain information on their traceability in the form of zootechnical certificates attesting to their origin and on the functioning of bilateral agreements and, where any serious infringement of the conditions for such imports laid down in this Regulation so warrants, the Commission should be empowered to carry out controls in third countries on behalf of the Union, as appropriate.

Amendment     25

Proposal for a regulation

Recital 46

Text proposed by the Commission

Amendment

(46) In order to ensure the proper application of this Regulation and to supplement it, or to amend Annexes I to V to it, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of the procedures and criteria employed and conditions required to recognise breed societies and breeding operations, approve breeding programmes, enter animals in breeding books and breed registers, accept breeding animals for breeding, natural and assisted reproduction, carry out performance testing and genetic evaluations, define zootechnical and genealogical requirements for trade in breeding animals and their germinal products and their imports from third countries, describe the duties and functions of reference centre.

deleted

Amendment    26

Proposal for a regulation

Recital 47

Text proposed by the Commission

Amendment

(47) The power to adopt acts in accordance with Article 290 of the Treaty in relation to trade in purebred breeding animals and their germinal products of species other than bovine, porcine, ovine, caprine and equine species and in relation to their imports into the Union should be delegated to the Commission in order to allow Member States to react to disturbances in trade but much more important to react where a rare breed is on the verge of extinct or a there is a risk for the protection of genetic diversity.

deleted

Justification

Other species must be incorporated only on the basis of codecision arrangements.

Amendment    27

Proposal for a regulation

Article 1 – paragraph 1 – point a

Text proposed by the Commission

Amendment

(a) zootechnical and genealogical rules for trade in breeding animals and their semen, oocytes and embryos and imports into the Union of breeding animals and their semen, oocytes and embryos;

(a) zootechnical and genealogical rules for the preservation and improvement of animal breeding and for trade in breeding animals and their semen, oocytes and embryos and imports into the Union of breeding animals and their semen, oocytes and embryos;

Amendment     28

Proposal for a regulation

Article 1 – paragraph 1 – point b a (new)

Text proposed by the Commission

Amendment

 

(ba) rules governing the conservation and improvement of native or endangered breeds;

Amendment    29

Proposal for a regulation

Article 2 – point a – point i

Text proposed by the Commission

Amendment

(i) the bovine species (Bos taurus and Bubalus bubalis), porcine species (Sus scrofa), ovine species (Ovis aries), caprine species (Capra hircus);

(i) the bovine species (Bos taurus, Bos indicus and Bubalus bubalis), porcine species (Sus scrofa), ovine species (Ovis aries), caprine species (Capra hircus);

Justification

The scope of the bovine species should be widened to include zebus in particular.

Amendment    30

Proposal for a regulation

Article 2 – paragraph 1 – point a – indent iii

Text proposed by the Commission

Amendment

(iii) species other than those referred to in points (i) and (ii) for which delegated acts have been adopted pursuant to Articles 35(1) or 45(1);

deleted

Justification

Other species must be incorporated into this regulation only on the basis of codecision arrangements.

Amendment    31

Proposal for a regulation

Article 2 – paragraph 1 – point a a (new)

Text proposed by the Commission

Amendment

(aa) 'breed' means a group of animals of sufficient uniformity of characteristics, that can be passed on to their progeny, to be considered distinct from other animals of that same species by one or more groups of breeders who agree to manage them within breeding programmes and register them in their breeding books with a view to breeding, exchange and selection, improvement or preservation.

Amendment     32

Proposal for a regulation

Article 2 – paragraph 1 – point d

Text proposed by the Commission

Amendment

(d) ‘breed society’ means any breeding organisation or breeders’ association which is recognised by the competent authority of a Member State in accordance with Article 4(2) for the purpose of carrying out a breeding programme on purebred breeding animals entered in the breeding book(s) it maintains or establishes;

(d) ‘breed society’ means any private operator or public body, established in accordance with the legislation of the Member State in which the application for recognition was made and which is recognised by the competent authority of a Member State in accordance with Article 4(2) for the purpose of carrying out a breeding programme;

Amendment     33

Proposal for a regulation

Article 2 – paragraph 1 – point f a (new)

Text proposed by the Commission

Amendment

 

(fa) 'breeding programme' means the set of systematic actions designed and implemented by a breed society or breeding operation in accordance with Article 8(1), including, in particular, the definition and detailed phenotypic and genotypic characteristics of the breed, breed orientation and objectives, the rules on organising and keeping the breeding book, the definition of the performance control system, taking account of the breed objectives, the definition of the criteria selected and their weighting as regards genetic evaluation, where required, the definition of the performance recording and control system where required, and addressing the preservation, improvement and/or promotion of the breed concerned;

Amendment    34

Proposal for a regulation

Article 2 – paragraph 1 – point g – point ii

Text proposed by the Commission

Amendment

(ii) the organisation of official controls on breed societies and breeding operations in accordance with the rules provided for in Article 46 and in delegated acts adopted pursuant to Article 52(1);

(ii) the organisation of official controls on breed societies and breeding operations in accordance with the rules provided for in Article 46;

Amendment     35

Proposal for a regulation

Article 2 – paragraph 1 – point g a (new)

Text proposed by the Commission

Amendment

 

(ga) ensuring the quality of breeding programmes;

Amendment    36

Proposal for a regulation

Article 2 – paragraph 1 – point i – point ii

Text proposed by the Commission

Amendment

(ii) of the species referred to in point (a)(ii) which descents from parents entered in the main section of a breeding book of the same breed and which is itself entered or registered and eligible for entry in the main section of such a breeding book in accordance with Article 19;

(ii) of the species referred to in point (a)(ii) which descents from parents entered in the breeding book of the same breed and which is itself entered or registered and eligible for entry in the breeding book, including geldings, in accordance with Article 19;

Justification

The current definition, which only includes breeding animals, does not correspond to the particularities of the equine breeding book, in which animals are registered at birth, regardless of whether or not they will be breeding animals in future. This relates in particular to geldings and their status as 'registered equidae'.

Amendment    37

Proposal for a regulation

Article 2 – paragraph 1 – point i – point iii

Text proposed by the Commission

Amendment

(iii) of a species other than those referred to in (i) and (ii) of this point for which the specific zootechnical and genealogical rules for trade in those breeding animals and their germinal products and their imports into the Union are laid down in delegated acts adopted pursuant to Articles 35(1) and 45(1) respectively;

deleted

Amendment     38

Proposal for a regulation

Article 2 – paragraph 1 – point i – point iii a (new)

Text proposed by the Commission

Amendment

 

(iiia) animals which, on the basis of the derogations under Articles 17 and 19, have been entered in the main section of a breeding book;

Amendment    39

Proposal for a regulation

Article 2 – paragraph 1 – point j a (new)

Text proposed by the Commission

Amendment

 

(ja) ‘line’ means a genetically fixed sub-population of purebred animals of a particular breed;

Justification

If it were to be introduced, DNA sampling could accompany the documentation of a breeding animal throughout its life and be used in the event of a dispute or difficulties in identification.

Amendment    40

Proposal for a regulation

Article 2 – paragraph 1 – point o

Text proposed by the Commission

Amendment

(o) ‘merit’ means a quantifiable heritable characteristic of a breeding animal;

(o) ‘merit' means an estimate of the expected effect of an animal's genotype on a given characteristic of its progeny;

Amendment    41

Proposal for a regulation

Article 2 – paragraph 1 – point v

Text proposed by the Commission

Amendment

(v) ‘zootechnical check’ means the documentary and identity checks carried out on breeding animals and their germinal products imported into to the Union to verify compliance with the zootechnical conditions provided for in Articles 42 and the zootechnical and genealogical rules laid down in delegated acts adopted pursuant to Article 45(1);

(v) ‘zootechnical check’ means the documentary and identity checks carried out on breeding animals and their germinal products imported into to the Union to verify compliance with the zootechnical conditions provided for in Article 42;

Amendment    42

Proposal for a regulation

Article 2 – paragraph 1 – point w – point ii

Text proposed by the Commission

Amendment

(ii) purebred breeding animals and their germinal products when imported into the Union as provided for in delegated acts adopted pursuant to Article 45(1);

deleted

Amendment     43

Proposal for a regulation

Article 2 – paragraph 1 – point y a (new)

Text proposed by the Commission

Amendment

 

(ya) 'endangered breed' means a breed in respect of which the number of sires and dams in the Union or in a Member State has fallen below a particular level and which therefore is at risk of extinction.

Amendment    44

Proposal for a regulation

Article 4 – paragraph 1

Text proposed by the Commission

Amendment

1. Breed societies and breeding operations may apply to the competent authority for recognition in accordance with paragraph 2.

1. Breed societies and breeding operations shall apply to the competent authority for recognition in accordance with paragraph 2.

Justification

The legal framework for Member State recognition of breed societies needs to be clarified. Operators must be required to make an application for recognition in order to keep a breeding book and conduct a breeding programme.

Amendment     45

Proposal for a regulation

Article 4 – paragraph 2 – point c – point i – indent 1

Text proposed by the Commission

Amendment

– the preservation of the breed, or

– the preservation of genetic variation within the breed,

– the improvement of the breed or cross;

– the improvement of the breed,

 

– the planning of crosses, or

 

the planning of a new breed;

Amendment    46

Proposal for a regulation

Article 4 – paragraph 3

Text proposed by the Commission

Amendment

3. The Commission shall be empowered to adopt delegated acts in accordance with Article 71 concerning amendments to the requirements for the recognition of breed societies and breeding operations set up in Part 1 and, in the case of purebred breeding animals of the equine species, in Part 3 of Annex I to take account of the variety of breed societies and breeding operations affected by them.

deleted

Amendment     47

Proposal for a regulation

Article 5 – paragraph 1

Text proposed by the Commission

Amendment

1. By way of derogation from Article 4(2)(b), the competent authority may refuse to recognise a breed society that complies with the requirements set out in Part 1 of Annex I where the breeding programme of that breed society would compromise the preservation or the genetic diversity of purebred breeding animals entered, or registered and eligible for entry, in the breeding book established for that breed by a breed society that has already been recognised in that Member State.

1. By way of derogation from Article 4(2)(b), the competent authority may refuse to recognise a breed society that complies with the requirements set out in Part 1 of Annex I where the breeding programme of that breed society would compromise:

 

(a) the preservation of purebred breeding animals entered, or registered and eligible for entry, in the breeding book established for that breed by a breed society that has already been recognised in that Member State;

 

(b) the genetic diversity of purebred breeding animals, due to a loss of efficiency in terms of monitoring inbreeding and managing genetic anomalies as a result of a failure to coordinate and exchange information on the genetic heritage of the breed;

 

(c) in the case of a rare or endangered breed, the effective implementation of a breeding programme of an existing breed society for the same breed leading to a significant loss of effectiveness in terms of the genetic progress expected; or

 

(d) the preservation and sustainable management of the animal genetic resources over which the Member State concerned exercises sovereignty and for which it has responsibility in accordance with the objectives of the Convention on Biological Diversity and of the Nagoya Protocol to that Convention.

Amendment     48

Proposal for a regulation

Article 5 – paragraph 2 – point c a (new)

Text proposed by the Commission

Amendment

 

(ca) potential interference and a weakening which would result from the recognition of a body registering the same breeding animals as a breed society that has already been recognised, if it concerns a rare or endangered breed;

Amendment    49

Proposal for a regulation

Article 7 – paragraph 2 – point b

Text proposed by the Commission

Amendment

(b) the breed or cross for which their breeding programme has been approved;

(b) the breed or cross for which their breeding programme has been approved in accordance with Article 8(1);

Amendment    50

Proposal for a regulation

Article 8 – paragraph -1 (new)

Text proposed by the Commission

Amendment

-1. A breed society or breeding operation shall conduct a breeding programme after approval thereof by the competent authority in accordance with paragraph ‑1a.

Amendment    51

Proposal for a regulation

Article 8 – paragraph -1 a (new)

Text proposed by the Commission

Amendment

-1a. A breed society or breeding operation shall submit the application for approval for its breeding programme to the competent authority that has recognised the breed society or breeding operation in accordance with Article 4(2).

Amendment    52

Proposal for a regulation

Article 8 – paragraph 1

Text proposed by the Commission

Amendment

1. The competent authority shall approve the breeding programme of a breed society or breeding operation recognised by it in accordance with Article 4(2), provided that the breed society or breeding operation submits an application for approval of its breeding programme, demonstrating compliance with the requirements provided for in Article 4(2)(c) and set out in Part 2, and in the case of purebred equine animals in Part 3 of Annex I.

1. The competent authority referred to in paragraph -1a shall assess the breeding programmes of a breed society or breeding operation and approve them provided that they fulfil the requirements provided for in Article 4(2)(c) and set out in Part 2 of Annex I, and in the case of purebred equine animals in Part 3 of Annex I.

Amendment    53

Proposal for a regulation

Article 8 – paragraph 2

Text proposed by the Commission

Amendment

2. The competent authority referred to in Article 4 may authorise breed societies and breeding operations to outsource the technical management of their breeding book or breed register and other specific aspects of their breeding programme to a third party, provided that:

2. Breed societies and breeding operations may outsource technical operations relating to the management of their breeding book or zootechnical register and other specific aspects of their breeding programme to one or more third parties, provided that:

(a) the breed societies and breeding operations remain responsible vis-à-vis the competent authority for ensuring compliance with the requirements provided for in Article 4(2)(c);

(a) the breed societies and breeding operations remain responsible vis-à-vis the competent authority for ensuring compliance with the requirements provided for in Article 4(2)(c) and Parts 2 and 3 of Annex I ;

(b) there is no conflict of interests between that third party and the economic activities of breeders who participate in the breeding programme;

(b) there is no conflict of interests between that third party and the economic activities of breeders who participate in the breeding programme;

 

(c) those breed societies and breeding operations have specified the activities which they intend to outsource and the name and contact details of those third parties in their application referred to in paragraph -1a.

Amendment    54

Proposal for a regulation

Article 8 – paragraph 3

Text proposed by the Commission

Amendment

3. The Commission shall be empowered to adopt delegated acts in accordance with Article 71 concerning amendments to the requirements for the approval of breeding programmes set up in Part 2 and, in the case of purebred equine animals, in Part 3 of Annex I to take account of the variety of breeding programmes carried out by breed societies and breeding operations.

deleted

Amendment    55

Proposal for a regulation

Article 9 – paragraph 1 – introductory part

Text proposed by the Commission

Amendment

1. Where the scope of a breeding programme or the geographical territory where it is to be carried out indicates that a breed society or breeding operation intends to carry it out on breeding animals resident in another Member State, the competent authority referred to in Article 8(1) shall:

1. Where the scope of a breeding programme or the geographical territory where it is to be carried out indicates that a breed society or breeding operation intends to carry it out on breeding animals resident in another Member State, the competent authority referred to in Article 8(-1a) shall:

Amendment    56

Proposal for a regulation

Article 9 – paragraph 1 – point a

Text proposed by the Commission

Amendment

(a) notify the competent authority of that other Member State at least 90 calendar days before the intended commencement date of the breeding programme;

(a) notify the competent authority of that other Member State at least 90 calendar days before the intended commencement date of the breeding programme, in the official language of the other Member State;

Amendment    57

Proposal for a regulation

Article 9 – paragraph 1 – point b

Text proposed by the Commission

Amendment

(b) provide the competent authority referred to in point (a), together with that notification, with a copy of the application for approval of the breeding programme provided for in Article 8(1).

(b) provide the competent authority referred to in point (a), together with that notification, with a copy of the application for approval of the breeding programme provided for in Article 8(-1a), in the official language of the Member State referred to in point (a).

Amendment    58

Proposal for a regulation

Article 9 – paragraph 2 – introductory part

Text proposed by the Commission

Amendment

2. The competent authority referred to in paragraph 1(a) of this Article may, within 90 days from the date of receipt of the notification referred to in that paragraph, refuse the approval for the carrying out on its territory of a breeding programme by a breed society recognised by the competent authority referred to in Article 8(1), where:

2. The competent authority referred to in paragraph 1(a) of this Article may, within 90 days from the date of receipt of the notification referred to in that paragraph, refuse the approval for the carrying out on its territory of a breeding programme by a breed society recognised by the competent authority referred to in Article 8(-1a), where:

Amendment     59

Proposal for a regulation

Article 9 – paragraph 2 – point b

Text proposed by the Commission

Amendment

(b) the approval of a further breeding programme would fragment the population of purebred breeding animals available in that Member State to an extend that would compromise the preservation or the genetic diversity of that breed.

b) the approval of a further breeding programme might jeopardise the preservation or genetic diversity of a breed in a Member State in terms of monitoring inbreeding and managing genetic anomalies as a result of a failure to coordinate and exchange information, or might jeopardise the improvement programmes of rare or endangered breeds due to breeding developments that are inconsistent with the characteristics specified for the breed in that Member State and that would result in a loss of efficiency in terms of the genetic progress expected.

Amendment    60

Proposal for a regulation

Article 9 – paragraph 5

Text proposed by the Commission

Amendment

5. Where the competent authority referred to in paragraph 1(a) intends to refuse approval in accordance with paragraph 2, it shall inform the Commission of its intention to refuse approval together with a reasoned explanation.

5. Where the competent authority referred to in paragraph 1(a) refuses approval in accordance with paragraph 2, it shall inform the Commission thereof.

Amendment    61

Proposal for a regulation

Article 10 – paragraph 1

Text proposed by the Commission

Amendment

1. Where the rules of a breed society or breeding operation provide for membership, breeders may apply:

deleted

(a) for membership of such breed societies or breeding operations;

 

(b) to participate in the breeding programme within the scope and the geographical area of activity approved in accordance with Article 8(1) or Article 9.

 

Amendment    62

Proposal for a regulation

Article 10 – paragraph 2

Text proposed by the Commission

Amendment

2. Where the rules of a breed society or breeding operation do not provide for membership, breeders participating in a breeding programme approved in accordance with Article 8(1) or Article 9 may apply:

2. Breeders participating in a breeding programme approved in accordance with Article 8(1) or Article 9 shall have access without discrimination to all the services provided under the breeding programme.

(a) to have their purebred breeding animals entered in the main section of the breeding book established for the breed by the breed society in accordance with Article 17(1);

 

(b) to have their animals recorded in a supplementary section of the breeding book established for the breed by the breed society in accordance with Article 17(3);

 

(c) to have their hybrid breeding pigs registered in a breed register established for the cross by a breeding operation in accordance with Articles 24;

 

(d) to participate in performance testing and genetic evaluation in accordance with Article 27;

 

(e) to be provided with a zootechnical certificate in accordance with Article 33(1) and (2).

 

Amendment    63

Proposal for a regulation

Article 10 – paragraph 2 a (new)

Text proposed by the Commission

Amendment

2a. Where the rules of a breed society or breeding operation provide for membership:

 

(a) breeders may apply for membership of such breed societies or breeding operations;

 

(b) breeders may apply to participate in the breeding programme within the scope and the geographical area of activity approved in accordance with Article 8(1) or Article 9;

 

(c) breeders shall participate in the breeding programme without discrimination and within the scope and the geographical area of activity approved in accordance with Article 8(1) or Article 9.

Justification

The new paragraph seeks to clarify breeders’ rights where they are members of a breed society or breeding operation. Specifically, such rights must be reserved for breeders within the geographical area of activity of the breed society. Breeders must have access to the services provided under the programme without discrimination.

Amendment    64

Proposal for a regulation

Article 10 – paragraph 3

Text proposed by the Commission

Amendment

3. Breeders shall have the right to choose the breeding book or breed register in which they wish to have their breeding animals entered or registered in accordance with Articles 19 and 24.

3. Breeders shall have the right to choose the breeding book or zootechnical register in which they wish to have their breeding animals entered or registered in accordance with Articles 19 and 24, provided that the breeding programme linked to the breeding book or zootechnical register has been approved in the Member State of the breeders concerned in accordance with Article 8(1) or Article 9.

Amendment    65

Proposal for a regulation

Article 10 – paragraph 3 a (new)

Text proposed by the Commission

Amendment

3a. Breeders who move their animals to holdings outside the geographical area in which the breeding programme approved in accordance with Article 8(1) is carried out by the breed society or breeding operation may register their animals in that breed society’s breeding book in line with the rules of procedure adopted by the breed society or breeding operation and provided for in point 3(e)(ii) of Part 1 of Annex I.

Amendment    66

Proposal for a regulation

Article 11

Text proposed by the Commission

Amendment

Article 11

deleted

Rights of breeders disputing a decision taken by a breed society

 

1. Breeders may have recourse to the measures provided for in Article 13 where they claim that any of the following have been unduly refused by a breed society:

 

(a) an application in accordance with Article 10(1);

 

(b) an application for the entry of a purebred breeding animal in the main section of a breeding book as provided for in Article 19;

 

(c) an application for the recording of an animal in a supplementary section of a breeding book as provided for in Article 20(3);

 

(d) the acceptance of a purebred breeding animal for:

 

(i) breeding as provided for in Article 21; or

 

(ii) artificial insemination as provided for in Article 23(1);

 

(e) the acceptance of a purebred breeding animal or its semen for official performance testing and genetic evaluation as provided for in Article 23(2);

 

(f) the acceptance of the results of the performance testing and genetic evaluation carried out in accordance with Article 27.

 

2. Breeders may have recourse to the measures provided for in Article 13 where they claim that a breed society has failed to carry out performance testing or genetic evaluation in accordance with Article 27.

 

(Article 11 is deleted in its entirety)

Justification

Provisions on disputes between one or more breeders and a breed society already exist in national legislation.

Amendment    67

Proposal for a regulation

Article 12

Text proposed by the Commission

Amendment

Article 12

deleted

Rights of breeders disputing a decision taken by a breeding operation

 

1. Breeders may have recourse to the measures provided for in Article 13 where they claim that any of the following have been unduly refused by a breeding operation:

 

(a) an application for the registration of a hybrid breeding pig in a breed register as provided for in Article 24;

 

(b) the acceptance of a hybrid breeding pig for artificial insemination as provided for in Article 26(1);

 

(c) the acceptance of a hybrid breeding pig or its semen for performance testing as provided for in Article 26(2);

 

(d) the acceptance of the results of the performance testing carried out in accordance with Article 27.

 

2. Breeders may have recourse to the measures provided for in Article 13 where they claim that a breeding operation has failed to carry out performance testing or genetic evaluation in accordance with Article 27.

 

(Article 12 is deleted in its entirety)

Justification

Provisions on disputes between one or more breeders and a breed society already exist in national legislation.

Amendment    68

Proposal for a regulation

Article 13

Text proposed by the Commission

Amendment

Article 13

deleted

Measures available to breeders disputing a decision taken by a breed society or breeding operation

 

1. In the cases referred to in Articles 11 and 12, breeders may:

 

(a) obtain the opinion of an independent expert;

 

(b) appeal against the refusals referred to in Articles 11(1) and 12(1) or against the results of performance testing and genetic evaluation referred to in Articles 11(2) and 12(2) within 30 days from the date of receipt of the refusal or results from the breed society or breeding operation.

 

2. In the appeal referred to in paragraph 1(b), the breeder shall describe the facts and the grounds, where available based on the opinion of the independent expert referred to in paragraph 1(a), on which it considers that:

 

(a) the refusal by the breed society or breeding operation does not comply with Articles 19, 21, 23, 27, 28, 30 or 32; or

 

(b) the results of the performance testing and genetic evaluation have not been obtained in accordance with Article 27.

 

(Article 13 is deleted in its entirety)

Justification

Provisions on disputes between one or more breeders and a breed society already exist in national legislation.

Amendment    69

Proposal for a regulation

Article 14

Text proposed by the Commission

Amendment

Article 14

deleted

Dispute settling

 

1. Where a breed society or breeding operation refuses the appeal by a breeder provided for in Article 13(1)(b), it shall notify the breeder and the competent authority that recognised the breed society or breeding operation in accordance with Article 4(2), within 30 days from the date of its decision to refuse the appeal.

 

2. The competent authority referred to in Article 8(1) or 9 may reverse the decision of the breed society or breeding operation, where it considers that that decision does not comply with Articles 19, 21, 23, 27, 28, 30 or 32.

 

3. Member States shall ensure that an appeal procedure is available and that appeal decisions are rendered within a reasonable period of time.

 

To that end, the competent authority may decide to establish a specific tribunal with the authority to reverse decisions of a breed society or breeding operation where the tribunal considers that the refusal by the breed society or breeding operation of an appeal lodged by a breeder was unjustified.

 

(Article 14 is deleted in its entirety)

Justification

Provisions on disputes between one or more breeders and a breed society already exist in national legislation.

Amendment    70

Proposal for a regulation

Article 15 – paragraph 1 a (new)

Text proposed by the Commission

Amendment

 

1a. Breed societies or breeding operations may exclude:

 

- breeders from participating in a breeding programme if they do not comply with the rules set out in the breeding programme or with the obligations as laid down in the rules of procedure referred to in point 3(f) of Part 1 of Annex I ;

 

- after their registration, animals and their progeny as well as genetic material that no longer meet the requirements officially laid down for being listed in the corresponding breeding book.

Amendment    71

Proposal for a regulation

Article 15 – paragraph 2 – point b

Text proposed by the Commission

Amendment

(b) exclude breeders from membership where those breeders fail to comply with their duties set out in the rules of procedure in accordance with point 3(e) of Part 1 of Annex I.

(b) exclude breeders from membership where those breeders fail to comply with their duties set out in the rules of procedure as provided for in Article 16(1).

Amendment     72

Proposal for a regulation

Article 15 – paragraph 2 a (new)

Text proposed by the Commission

Amendment

 

2a. Breed societies may carry out performance testing based on the requirements of their breeding programme and, where performance testing is undertaken, may select activities appropriate for their breeding programme;

Amendment    73

Proposal for a regulation

Article 16 – paragraph 3

Text proposed by the Commission

Amendment

3. Breed societies and breeding operations shall have the primary responsibility to prevent and where necessary to settle disputes that may arise between breeders and between breeders and the breed society or breeding operation in the process of carrying out breeding programmes approved in accordance with Article 8(1) or 9, in accordance with the rules established pursuant to Article 14(3) by the Member State where the dispute arises and the rules set out in point 3 of Part 1 of Annex I.

3. Breed societies and breeding operations shall have the primary responsibility to prevent and where necessary to settle disputes that may arise between breeders and between breeders and the breed society or breeding operation in the process of carrying out breeding programmes approved in accordance with Article 8(1) or Article 9, in accordance with the rules set out in point 3(f) of Part 1 of Annex I.

Amendment     74

Proposal for a regulation

Article 16 – paragraph 3 a (new)

Text proposed by the Commission

Amendment

 

3a. Breed societies and breeding operations in a Member State shall be jointly responsible for ensuring that a purebred breeding animal of a breed threatened with extinction can be entered in the main section of a breeding book in any Member State, in accordance with Article 19. Breeders shall be free to choose the breed society, breeding operation or state body to which they wish to belong. The competent authority shall support and monitor the process.

Amendment     75

Proposal for a regulation

Chapter 4 – title

Text proposed by the Commission

Amendment

Entry of breeding animals in breeding books and breed registers and acceptance for breeding, artificial insemination and testing

Does not apply to English version.

Justification

Linguistic correction to the Hungarian term for ‘artificial insemination’.

Amendment    76

Proposal for a regulation

Article 17 – paragraph 2 – subparagraph 2

Text proposed by the Commission

Amendment

Those criteria and procedures may require the purebred breeding animal to undergo performance testing or genetic evaluation as provided for in Article 27 or set out in the delegated act adopted pursuant to Article 28(1) or any other assessment described in the breeding programme approved in accordance with Article 8(1) or Article 9 prior to entry into a specific class of the main section.

Those criteria and procedures may require the purebred breeding animal to undergo performance testing or genetic evaluation as provided for in Article 27 or any other assessment described in the breeding programme approved in accordance with Article 8(1) or Article 9 prior to entry into a specific class of the main section.

Amendment    77

Proposal for a regulation

Article 17 – paragraph 3 – introductory part

Text proposed by the Commission

Amendment

3. Breed societies may, in addition to the main section provided for in paragraph 1 of this Article, establish one or more supplementary sections of the breeding book for animals of the same species that are not eligible for entry in the main section, provided the animals meet the requirements of Article 20(1), and the rules of the breed society allow the progeny of those animals to be entered in the main section in accordance with the rules set up in:

3. Breed societies may, in addition to the main section provided for in paragraph 1 of this Article, establish one or more supplementary sections of the breeding book for animals of the same species that are not eligible for entry in the main section, provided the animals meet the requirements laid down in points 1 and 2 of Chapter III of Part 1 of Annex II, and the rules of the breed society allow the progeny of those animals to be entered in the main section in accordance with the rules set up in:

Amendment     78

Proposal for a regulation

Article 17 – paragraph 3 – point a a (new)

Text proposed by the Commission

Amendment

 

(aa) point 4 of Chapter III of Part 1 of Annex II, in the case of male sheep and goats; or

Justification

Existing exemptions for robust breeds should be retained in order to safeguard genetic diversity.

Amendment     79

Proposal for a regulation

Article 17 – paragraph 4

Text proposed by the Commission

Amendment

4. The Commission shall be empowered to adopt delegated acts in accordance with Article 71 concerning amendments to the rules set out in points 3 and 4 of Chapter III of Part 1 of Annex II under which the progeny of animals recorded in a supplementary section is allowed to be entered in the main section.

deleted

Justification

The delegated act referred to would allow the Commission to amend the rules on entering in the main section the progeny of animals recorded in a supplementary section. The supplementary section is a ʽsensitiveʼ point in the draft text because the creation of a supplementary section within a breeding book links the former closely to the main section of the breeding book. The aforementioned rules should therefore remain under the scope of the basic regulation.

Amendment    80

Proposal for a regulation

Article 19 – paragraph 4

Text proposed by the Commission

Amendment

4. The Commission shall be empowered to adopt delegated acts in accordance with Article 71 concerning amendments to the requirements for the entry of purebred breeding animals in the main section of breeding books set out in Chapter I and II of Part 1 of Annex II.

deleted

Amendment    81

Proposal for a regulation

Article 20 – paragraph 2

Text proposed by the Commission

Amendment

2. The Commission shall be empowered to adopt delegated acts in accordance with Article 71 concerning amendments to the conditions for the recording of animals in supplementary sections of breeding books set out in Chapter III of Part 1 of Annex II.

deleted

Amendment     82

Proposal for a regulation

Article 21 – title

Text proposed by the Commission

Amendment

Acceptance of purebred breeding animals for breeding

Acceptance of purebred breeding animals and their germinal products for breeding

Amendment    83

Proposal for a regulation

Article 21 – paragraph 1 – introductory part

Text proposed by the Commission

Amendment

1. Breed societies shall not exclude on zootechnical or genealogical grounds, other than those resulting from the application of Article 19, the use of purebred breeding animals entered in the main section of their breeding book for breeding using the following reproduction techniques:

1. Breed societies shall not exclude on zootechnical or genealogical grounds, other than those resulting from the application of Article 19 and 27, the use of purebred breeding animals entered in the main section of their breeding book for breeding, or their germinal products, using the following reproduction techniques:

Amendment    84

Proposal for a regulation

Article 21 – paragraph 1 – point c

Text proposed by the Commission

Amendment

(c) collection of semen from breeding animals which have undergone, where applicable, performance testing and genetic evaluation in accordance with Article 27 or set out in the delegated act adopted pursuant to Article 28(1);

(c) collection of semen from breeding animals which have undergone, where required by the breeding programme, performance testing and genetic evaluation in accordance with Article 27;

Amendment    85

Proposal for a regulation

Article 21 – paragraph 1 a (new)

Text proposed by the Commission

Amendment

1a. By way of derogation from paragraph 1, a breed society with a breeding book for purebred breeding animals of the equine or asinine species may, for the purposes of the breeding programme approved by the competent authority in accordance with Article 8(1), or to preserve genetic diversity within a breed, place restrictions on or prohibit:

 

(a) the acceptance of breeding animals and their germinal products for breeding;

 

(b) the use of one or more of the reproduction techniques referred to in paragraph 1 on purebred breeding animals entered in their breeding book.

Justification

Article 21(1) implies that artificial insemination may be prohibited only on certain performance testing and genetic evaluation grounds. In respect of equine animals, the regulation must allow breed societies to choose which reproduction methods to use in their breeding programmes.

Amendment    86

Proposal for a regulation

Article 21 – paragraph 2

Text proposed by the Commission

Amendment

2. The Commission shall be empowered to adopt delegated acts in accordance with Article 71 concerning criteria for:

deleted

(a) the acceptance by breed societies of purebred breeding animals for breeding;

 

(b) the collection and use of germinal products of purebred breeding animals for breeding purposes.

 

Amendment    87

Proposal for a regulation

Article 22 – paragraph 1 – introductory part

Text proposed by the Commission

Amendment

1. Breed societies shall require that purebred breeding animals of the bovine species and male purebred breeding animals of dairy breeds of the ovine and caprine species are identified by analysis of their blood group or by any other appropriate method providing at least the same degree of certainty when they are used for:

1. Breed societies shall require that purebred breeding animals of the bovine, ovine and caprine species and male purebred breeding animals of the porcine species are identified by analysis of their blood group, or by DNA analysis, such as by single nucleotide polymorphism (SNP) analysis, by microsatellite analysis or by any other appropriate method providing at least the same degree of certainty when they are used for:

Amendment    88

Proposal for a regulation

Article 22 – paragraph 1 – subparagraph 1 a (new)

Text proposed by the Commission

Amendment

 

The Commission shall take account of advances in identification methods on the basis of the work of the International Committee for Animal Recording (ICAR) and the International Society for Animal Genetics (ISAG).

Amendment    89

Proposal for a regulation

Article 22 – paragraph 2 – subparagraph 1

Text proposed by the Commission

Amendment

2. On request of a Member State or a European association of breed societies for purebred animals of the species concerned, the Commission may, by means of implementing acts, approve methods for the verification of the identity of purebred breeding animals of the bovine species and male purebred breeding animals of dairy breeds of the ovine and caprine species that provide at least the same degree of certainty as the analysis of the blood group of those purebred breeding animals, taking into account technical advances and the recommendations of the European reference centres referred to in Article 31.

2. On request of a Member State or a European association of breed societies for purebred animals of the species concerned, the Commission may, by means of implementing acts, approve methods for the verification of the identity of the breeding animals provided for in paragraph 1 that provide at least the same degree of certainty as the analysis of the blood group of those purebred breeding animals, taking into account technical advances and the recommendations of the European reference centres referred to in Article 31.

Amendment    90

Proposal for a regulation

Article 23 – paragraph 2 a (new)

Text proposed by the Commission

Amendment

2a. In the case of rare or endangered breeds, the competent authority of a Member State or the breed societies may prohibit the use of a purebred breeding animal and its germinal products where such use would compromise the improvement, differentiation, preservation and genetic diversity of that breed.

Amendment    91

Proposal for a regulation

Article 23 – paragraph 3 a (new)

Text proposed by the Commission

Amendment

 

3a. By way of derogation from paragraph 3, the competent authority may, where necessary for the purposes of the preservation or genetic diversity of a breed and for a use that is limited to the national territory of the Member State concerned, authorise the collection, processing and storage of germinal products from purebred breeding animals for the purposes set out in paragraphs 1 and 2 by an embryo collection and production centre that is not officially approved for intra-Union trade in those commodities in accordance with Union animal health legislation, provided that the health and hygiene conditions are such that the germinal products can be used at a later stage within the national territory.

Justification

It may be necessary, for logistical reasons, to collect and store germinal products without the possibility of doing so in a centre officially approved for intra-Union trade. Such cases are limited to requirements relating to the preservation or genetic diversity of a breed, and when such products are used within the national territory of the Member State concerned, which means, therefore, that they are not intended for trade and thus do not require approval.

Amendment    92

Proposal for a regulation

Article 23 – paragraph 4

Text proposed by the Commission

Amendment

4. The Commission shall be empowered to adopt delegated acts in accordance with Article 71 concerning the conditions for the acceptance of:

deleted

(a) purebred breeding animals of the equine species of certain breeds for artificial insemination and in-vitro fertilisation of oocytes;

 

(b) purebred breeding animals of the equine species of certain breeds and their germinal products for performance testing and genetic evaluation.

 

Amendment    93

Proposal for a regulation

Article 24 – paragraph 2

Text proposed by the Commission

Amendment

2. The Commission shall be empowered to adopt delegated acts in accordance with Article 71 concerning amendments to the requirements for the registration of hybrid breeding pigs in breed registers set out in Part 2 of Annex II.

deleted

Amendment    94

Proposal for a regulation

Article 25 – paragraph 1 – point c

Text proposed by the Commission

Amendment

(c) collection and use of semen from breeding animals which have undergone, performance testing and genetic evaluation in accordance with Article 27 or set out in the delegated act adopted pursuant to Article 28(1);

(c) collection and use of semen from breeding animals which have undergone performance testing and genetic evaluation in accordance with Article 27;

Amendment    95

Proposal for a regulation

Article 25 – paragraph 2

Text proposed by the Commission

Amendment

2. The Commission shall be empowered to adopt delegated acts in accordance with Article 71 concerning criteria for:

deleted

(a) the acceptance by breeding operations of hybrid breeding pigs for breeding;

 

(b) the collection and use of semen, oocytes or embryos of hybrid breeding pigs for breeding purposes.

 

Amendment    96

Proposal for a regulation

Article 26 – paragraph 4

Text proposed by the Commission

Amendment

4. The Commission shall be empowered to adopt delegated acts in accordance with Article 71 concerning the conditions for the acceptance of hybrid breeding pigs for artificial insemination and testing.

deleted

Amendment    97

Proposal for a regulation

Article 27 – paragraph 2

Text proposed by the Commission

Amendment

2. Where a breeding programme approved in accordance with Article 8(1) or Article 9 requires performance testing and genetic evaluation for the classification of purebred breeding animals of the equine species in breeding books and for the acceptance for breeding of male breeding animals of the equine species and their semen, breed societies shall ensure that such performance testing and genetic evaluation are carried out in accordance with the following rules set out in Annex I:

2. Where a breeding programme approved in accordance with Article 8(1) or Article 9 requires performance testing and genetic evaluation for the classification of purebred breeding animals of the equine or asinine species in breeding books and for the acceptance for breeding of breeding animals and their germinal products, breed societies shall ensure that such performance testing and genetic evaluation are carried out in accordance with the following rules set out in Annex I:

Justification

Donkeys should also be included. Performance testing and genetic evaluation for acceptance for breeding should be an option for female breeding animals as well. This is of vital importance to some breed societies.

Amendment    98

Proposal for a regulation

Article 28 – paragraph 1

Text proposed by the Commission

Amendment

1. The Commission shall be empowered to adopt delegated acts in accordance with Article 71 concerning the rules for performance testing and genetic evaluation, and where necessary to amend Annex III, to take account of:

deleted

(a) scientific advances;

 

(b) technical developments;

 

(c) the functioning of the internal market; or

 

(d) the needs to protect valuable genetic resources.

 

Amendment    99

Proposal for a regulation

Article 28 – paragraph 2 – subparagraph 1

Text proposed by the Commission

Amendment

2. In the light of the opinion of the independent expert referred to in Article 13(1)(a), the Commission may, by means of an implementing act, lay down uniform rules for performance testing and genetic evaluations and the interpretation of the results thereof.

2. In the light of the opinion of the independent expert referred to in Article 13(1)(a), the Commission may, by means of an implementing act, lay down uniform rules for performance testing and genetic evaluations for animals other than those belonging to the equine and porcine species, and for the interpretation of the results thereof, on the basis of the work of the ICAR.

Justification

For equine animals, performance testing and genetic evaluation depend on each breeding book and on the relevant breeding objectives. Those objectives vary, which is why uniform rules are not appropriate in this case. Similarly, uniform rules are not advisable where pigs are concerned, either, as performance testing and genetic evaluation are vital, strategic elements when it comes to the competitiveness of breed societies or breeding operations.

Amendment     100

Proposal for a regulation

Article 29 – paragraph 1

Text proposed by the Commission

Amendment

1. Breed societies and breeding operations shall, where necessary to carry out their breeding programme approved in accordance with Article 8(1) or Article 9, designate the institution which carries out the performance testing and the genetic evaluation of breeding animals provided for in Article 27.

1. When breeding animals and their germinal products are to be accepted for breeding, and when performance testing and genetic evaluation activities are necessary to carry out their breeding programme approved in accordance with Article 8(1) or Article 9, breed societies and breeding operations shall:

 

(a) carry out those activities themselves; or

 

(b) designate a third party to whom those activities are delegated.

Justification

The conditions should be stipulated for carrying out performance testing and genetic evaluation prior to accepting breeding animals for breeding (both male and female, as may be the case for some breeds within the horse family).

Amendment    101

Proposal for a regulation

Article 29 – paragraph 2 – introductory part

Text proposed by the Commission

Amendment

2. The institutions provided for in paragraph 1 may either:

2. Breed societies or breeding operations that delegate performance testing and genetic evaluation activities to the third parties designated in accordance with paragraph 1(b) shall fulfil the conditions laid down in Article 8(2).

 

The third parties designated in accordance with paragraph 1(b) shall:

Amendment    102

Proposal for a regulation

Article 29 – paragraph 2 – point a

Text proposed by the Commission

Amendment

(a) operate as specialised units under the responsibility of a breed society or breeding operation; or

(a) operate as specialised units under the responsibility of a breed society or breeding operation, provided they are recognised by the European Union reference centre designated under Article 31 or certified in accordance with the ISO standard by an independent institution; or

Amendment    103

Proposal for a regulation

Article 29 – paragraph 2 – point b

Text proposed by the Commission

Amendment

(b) be authorised by the competent authority which has approved the breeding programme.

(b) be authorised by the competent authority which has approved the breeding programme, provided that they comply with Annex III.

Amendment    104

Proposal for a regulation

Article 30 – title

Text proposed by the Commission

Amendment

Obligations of institutions designated in accordance with Article 29(1)

Obligations of breed societies, breeding operations and third parties which carry out performance testing or genetic evaluations

Amendment    105

Proposal for a regulation

Article 30 – paragraph 1

Text proposed by the Commission

Amendment

1. Institutions designated by breed societies or breeding operations as provided for in Article 29(1) shall provide the following information on request of the competent authority:

1. Breed societies or breeding operations which carry out performance testing or genetic evaluations, as provided for in Article 29(1)(a), or the third parties referred to in Article 29(1)(b)shall provide the following information on request of the competent authority :

Amendment    106

Proposal for a regulation

Article 30 – paragraph 1 – point b

Text proposed by the Commission

Amendment

(b) the identity of the designating breed society or breeding operation and of the competent authority referred to in Article 29(2)(b);

(b) in the case of breed societies or breeding operations which have delegated these activities to third parties, as provided for in Article 29(1)(b), the identity of that body;

Amendment    107

Proposal for a regulation

Article 30 – paragraph 2

Text proposed by the Commission

Amendment

2. The institutions designated by breed societies or breeding operations as provided for in Article 29(1) shall make publicly available and keep up-to-date the results of the genetic evaluation of breeding animals whose semen is used for artificial insemination.

2. Breed societies and breeding operations which carry out performance testing or genetic evaluations and the third parties designated by breed societies or breeding operations as provided for in Article 29(1)(b) shall make publicly available and keep up-to-date the results of the genetic evaluation of breeding animals whose semen is used for artificial insemination.

Amendment    108

Proposal for a regulation

Article 30 – paragraph 2 a (new)

Text proposed by the Commission

Amendment

2a. The third parties designated in accordance with Article 29(1)(b) shall communicate the information to be given to the competent authorities pursuant to paragraph 1 to the breed societies or breeding operations which have designated them.

Amendment    109

Proposal for a regulation

Article 30 – paragraph 2 b (new)

Text proposed by the Commission

Amendment

 

2b. If, after considering the information submitted pursuant to paragraph 1, the competent authorities find that the performance testing or genetic evalutions are not being carried out in accordance with recognised zootechnical principles, they may suspend the approved breeding programme. That suspension shall cease after the implementation of corrective actions by the breed society, breeding operation or third parties designated in accordance with Article 29(1)(b).

Amendment     110

Proposal for a regulation

Article 31

Text proposed by the Commission

Amendment

Article 31

deleted

Designation of European Union reference centres

 

1. The Commission shall, by means of implementing acts, designate the European Union reference centre responsible for collaborating with breed societies in rendering uniform the methods for performance testing and genetic evaluation of purebred breeding animals of the bovine species.

 

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 72(2).

 

2. The Commission may, by means of implementing acts, designate the European Union reference centres responsible for harmonising the methods for performance testing and genetic evaluation of purebred breeding animals of the species other than bovine species.

 

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 72(2).

 

Amendment     111

Proposal for a regulation

Article 33 – paragraph 2 – introductory part

Text proposed by the Commission

Amendment

2. Breed societies and breeding operations that carry out performance testing and genetic evaluation in accordance with their breeding programme approved in accordance with Article 8(1) or Article 9 shall state in the zootechnical certificate issued for a breeding animal or its germinal products:

2. Breed societies and breeding operations that carry out performance testing and genetic evaluation in accordance with their breeding programme approved in accordance with Article 8(1) or Article 9, or that have at their disposal the results of performance testing and/or genetic evaluation carried out by an institution authorised in accordance with point (b) of Article 29(2), shall state in the zootechnical certificate issued for a breeding animal or its germinal products the main production characteristics and any genetic peculiarities and genetic defects on the animal itself or its parents or grandparents, in accordance with the breeding programme.

Amendment    112

Proposal for a regulation

Article 33 – paragraph 3

Text proposed by the Commission

Amendment

3. The Commission shall be empowered to adopt delegated acts in accordance with Article 71 concerning the information required in accordance with paragraph 1(a) and where necessary the amendments to the contents of zootechnical certificates provided for in Annex V:

3. The Commission shall be empowered to adopt delegated acts in accordance with Article 71 so as to amend, where necessary, the contents of zootechnical certificates provided for in Annex V in order to take into account:

 

(a) scientific progress;

 

(b) technical developments;

 

(c) the functioning of the internal market;

 

(d) the need to protect genetic resources.

Justification

The nature of the delegated acts must be specified.

Amendment    113

Proposal for a regulation

Chapter VI

Text proposed by the Commission

Amendment

CHAPTER VI

deleted

Zootechnical and genealogical rules for trade in purebred breeding animals of other species

 

Article 35

 

Delegated powers and implementing powers concerning the zootechnical and genealogical rules for trade in purebred breeding animals referred to in Article 2(i)(iii) and their germinal products

 

1. The Commission shall be empowered to adopt delegated acts in accordance with Article 71 concerning the zootechnical and genealogical rules for trade in purebred breeding animals referred to in Article 2(i)(iii) and their germinal products where this is necessary either for the functioning of the internal market or for the protection of valuable genetic resources, as regards:

 

(a) the recognition of breed societies;

 

(b) the approval of breeding programmes;

 

(c) the conditions for the entry of those purebred breeding animals in breeding books;

 

(d) the acceptance by breed societies of those purebred breeding animals for breeding, artificial insemination and the collection and use of their germinal products;

 

(e) the methods for performance testing and genetic evaluation of those purebred animals;

 

(f) the information to be contained in zootechnical certificates that must accompany those purebred breeding animals.

 

2. Insofar as the Commission has adopted the delegated acts referred to in paragraph 1, it shall, by means of implementing acts, draw up model forms of zootechnical certificates referred to in paragraph 1(f) of this Article for purebred breeding animals referred to in Article 2(i)(iii) and their semen, oocytes and embryos.

 

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 72(2).

 

Justification

Other species may be incorporated into this Regulation only through co-decision.

Amendment     114

Proposal for a regulation

Article 36 – paragraph 1 – point a

Text proposed by the Commission

Amendment

(a) meets the criteria for listing breeding bodies provided for in Article 37;

(a) meets the criteria for listing breeding bodies provided for in Article 37 and all European quality standards;

Amendment    115

Proposal for a regulation

Article 38 – paragraph 1 – point a

Text proposed by the Commission

Amendment

(a) the recognition and supervision of breed societies and breeding operations provided for in Article 4 or set out in the delegated act adopted pursuant to Article 35(1);

(a) the recognition and supervision of breed societies and breeding operations provided for in Article 4 and the official controls provided for in Article 46;

Amendment    116

Proposal for a regulation

Article 38 – paragraph 1 – point b

Text proposed by the Commission

Amendment

(b) the approval of breeding programmes of breed societies and breeding operations provided for in Article 8(1) or set out in the delegated act adopted pursuant to Article 35(1);

(b) the approval of breeding programmes of breed societies and breeding operations provided for in Article 8(1);

Amendment    117

Proposal for a regulation

Article 38 – paragraph 1 – point c

Text proposed by the Commission

Amendment

(c) the entry of breeding animals in breeding books and breed registers provided for in Articles 19 and 24 or set out in the delegated act adopted pursuant to Article 35(1);

(c) the entry of purebred breeding animals in breeding books or the registration of hybrid breeding pigs in the zootechnical registers provided for in Articles 19 and 24;

Amendment    118

Proposal for a regulation

Article 38 – paragraph 1 – point d

Text proposed by the Commission

Amendment

(d) the acceptance of breeding animals for breeding provided for in Articles 21 and 25 or set out in the delegated act adopted pursuant to Article 35(1);

(d) the acceptance of breeding animals for breeding provided for in Articles 21 and 25;

Amendment    119

Proposal for a regulation

Article 38 – paragraph 1 – point e

Text proposed by the Commission

Amendment

(e) the use of germinal products for breeding provided for in Article 23(1) or set out in the delegated act adopted pursuant to Article 35(1);

(e) the use of germinal products for breeding provided for in Article 23(1);

Amendment    120

Proposal for a regulation

Article 38 – paragraph 1 – point f

Text proposed by the Commission

Amendment

(f) the use of semen for testing provided for in Article 23(2) or set out in the delegated act adopted pursuant to Article 35(1);

(f) the use of semen for testing provided for in Article 23(2) ;

Amendment    121

Proposal for a regulation

Article 38 – paragraph 1 – point g

Text proposed by the Commission

Amendment

(g) the performance testing and genetic evaluation provided for in Article 27 or set out in the delegated act adopted pursuant to Article 35(1).

(g) the performance testing and genetic evaluation provided for in Article 27 .

Amendment     122

Proposal for a regulation

Article 39 – paragraph 1 – point c a (new)

Text proposed by the Commission

Amendment

 

(ca) the document accompanying the batches of semen, oocytes and embryos referred to in points (b) and (c) shall also contain the data required for genetic identification.

Amendment    123

Proposal for a regulation

Article 39 – paragraph 2

Text proposed by the Commission

Amendment

2. The Commission shall be empowered to adopt delegated acts in accordance with Article 71 concerning the zootechnical and genealogical rules for imports into the Union of breeding animals and their germinal products to take into account the specific zootechnical situation in a third country of origin of a breeding animal.

deleted

Amendment    124

Proposal for a regulation

Chapter VIII

Text proposed by the Commission

Amendment

CHAPTER VIII

deleted

Zootechnical and genealogical conditions for imports into the Union of purebred breeding animals of other species

 

Article 45

 

Delegated powers and implementing powers concerning the zootechnical and genealogical rules for imports into the Union of purebred breeding animals referred to in Article 2(i)(iii) and their germinal products

 

1. The Commission shall be empowered to adopt delegated acts in accordance with Article 71 concerning specific rules for imports into the Union of purebred breeding animals referred to in Article 2(i)(iii) and their germinal products where this is necessary either for the functioning of the internal market or for the protection of valuable genetic resources, as regards:

 

(a) the listing of breeding bodies;

 

(b) the conditions for the entry of those purebred animals in breeding books established by breed societies;

 

(c) the acceptance by breed societies of those purebred breeding animals for breeding, artificial insemination and the collection and use of their germinal products

 

(d) the methods for performance testing and genetic evaluation of those purebred animals;

 

(e) the main information to be contained in the zootechnical certificate that must accompany those purebred breeding animals and their germinal products.

 

2. Insofar as the Commission has adopted the delegated acts referred to in paragraph 1, it shall, by means of implementing acts, draw up model forms of zootechnical certificates referred to in paragraph 1(f) for purebred breeding animals referred to in Article 2(i)(iii) and their semen, oocytes and embryos.

 

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 72(2).

 

Justification

Other species may be incorporated into this Regulation only through co-decision.

Amendment    125

Proposal for a regulation

Article 46 – paragraph 1 – point d

Text proposed by the Commission

Amendment

(d) any information that might indicate non-compliance.

(d) any information that might indicate non-compliance with the zootechnical and genealogical rules set out in this Regulation.

Amendment    126

Proposal for a regulation

Article 46 – paragraph 3

Text proposed by the Commission

Amendment

3. Official controls performed prior to trade in certain breeding animals and their germinal products in view of the issuance of the official certificates or official attestations required by the zootechnical and genealogical rules provided for in this Regulation as a condition for trade in breeding animals or their germinal products shall be performed in accordance with:

deleted

(a) the zootechnical and genealogical rules provided for in this Regulation;

 

(b) the delegated acts adopted by the Commission in accordance with Articles 35 and 45.

 

Justification

This Regulation does not refer to official controls carried out with a view to the issuing of zootechnical certificates. That activity is entrusted to breed societies.

Amendment    127

Proposal for a regulation

Article 47 – paragraph 3

Text proposed by the Commission

Amendment

3. The competent authority may publish or make otherwise publicly available information on the rating of individual breed societies and breeding operations based on an assessment of their conformity with rating criteria and on the results of official controls, provided that the following conditions are met:

deleted

(a) the rating criteria are objective, transparent and publicly available;

 

(b) appropriate arrangements are in place to ensure the consistency and transparency of the rating process.

 

Justification

Breed societies may not be subject to any classification by the competent authority. They already meet strict standards for their accreditation.

Amendment    128

Proposal for a regulation

Article 50 – paragraph 2 – point b – point i

Text proposed by the Commission

Amendment

(i) the premises, offices and equipment of breeders, breed societies and breeding operations;

deleted

Amendment    129

Proposal for a regulation

Article 50 – paragraph 2 – point c

Text proposed by the Commission

Amendment

(c) an examination of documents and other records which may be relevant to the assessment of compliance with the zootechnical and genealogical rules provided for in this Regulation;

(c) an examination of documents, traceability records and other records which may be relevant to the assessment of compliance with the zootechnical and genealogical rules provided for in this Regulation;

Amendment    130

Proposal for a regulation

Article 51 – title

Text proposed by the Commission

Amendment

Obligations of breeders, breed societies and breeding operations

Obligations of breeders, breed societies and breeding operations subject to official controls and other official activities

Amendment    131

Proposal for a regulation

Article 51 – paragraph 1 – point a

Text proposed by the Commission

Amendment

(a) premises, offices and equipment;

deleted

Amendment    132

Proposal for a regulation

Article 52

Text proposed by the Commission

Amendment

Article 52

deleted

Delegation of powers concerning specific rules on official controls and on action to be taken by the competent authority in relation to breeding animals and their germinal products

 

1. The Commission shall be empowered to adopt delegated acts in accordance with Article 71 concerning rules:

 

(a) for the performance of official controls on breeding animals and their germinal products to verify compliance with the zootechnical and genealogical rules provided for in this Regulation;

 

(b) on the action to be taken by the competent authority in the light of the results obtained following the performance of official controls.

 

2. The delegated acts provided for in paragraph 1 shall specify:

 

(a) the specific responsibilities and tasks of the competent authority, in addition to those provided for in Articles 46 to 50;

 

(b) the cases where the competent authority, in relation to specific cases of non-compliance shall take one or more of the measures provided for in implementing acts adopted pursuant to Article 66(1) or additional measures to those provided for in that Article.

 

Amendment    133

Proposal for a regulation

Article 53 – paragraph 2

Text proposed by the Commission

Amendment

2. The administrative assistance provided for in paragraph 1 shall include, where appropriate, participation by the competent authority of a Member State in on-the-spot official controls that the competent authority of another Member State performs.

2. The administrative assistance provided for in paragraph 1 shall include, where necessary, participation by the competent authority of a Member State in on-the-spot official controls that the competent authority of another Member State performs.

Amendment    134

Proposal for a regulation

Article 54 – paragraph 1

Text proposed by the Commission

Amendment

1. Where the competent authority ("requesting competent authority") considers that it requires information from a competent authority in another Member State ("requested competent authority") for the performance or effective follow-up of official controls, it shall submit a reasoned request to that competent authority.

1. Where the competent authority ("requesting competent authority") considers that it requires information from a competent authority in another Member State ("requested competent authority") for the performance or effective follow-up of official controls, it shall submit a reasoned request to that competent authority. The authority concerned has an obligation to assist.

The requested competent authority shall, without undue delay:

 

(a) acknowledge receipt of the reasoned request and indicate the time necessary to provide the requested information;

 

(b) perform official controls or investigations necessary to

 

(i) provide the requesting competent authority with all necessary information and the original documents or certified copies thereof;

 

ii) verify, where necessary on-the-spot, compliance with the zootechnical and genealogical rules provided for in this Regulation within their jurisdiction.

 

Amendment    135

Proposal for a regulation

Article 54 – paragraph 2

Text proposed by the Commission

Amendment

2. The requesting and requested competent authorities may agree that officials designated by the former are present during the official controls referred to in point (b)(i) of the second subparagraph of paragraph 1.

2. The requesting and requested competent authorities may agree that officials designated by the former are present during the official controls referred to in paragraph 1.

In such cases the officials of the requesting competent authority:

 

(a) shall at all times be able to produce written authority stating their identity and their official capacity;

 

(b) shall have access to the same premises and documents as the present official of the requested competent authority for the sole purpose of the official controls being carried out;

 

(c) may not, on their own initiative, exercise the powers of performing official controls conferred on officials of the requested competent authority.

 

Amendment    136

Proposal for a regulation

Article 55 – paragraph 2

Text proposed by the Commission

Amendment

2. The competent authority notified in accordance with paragraph 1 shall:

deleted

(a) acknowledge receipt of the notification without delay;

 

(b) indicate within ten days from the date of receipt of the notification:

 

(i) the investigations that it intends to carry out concerning the case of non-compliance referred to in paragraph 1; or

 

(ii) the reasons why it considers that no investigations are necessary.

 

Amendment    137

Proposal for a regulation

Article 56 – paragraph 2

Text proposed by the Commission

Amendment

2. The competent authorities notified in accordance with paragraph 1 shall, without undue delay:

deleted

(a) acknowledge receipt of the notification and indicate what investigations they intend to carry out concerning the case of non-compliance referred to in paragraph 1;

 

(b) investigate the matter, take all necessary measures and inform the notifying competent authority of the nature of the investigations and the official controls performed by them, of the decisions taken and of the reasons for such decisions.

 

Amendment    138

Proposal for a regulation

Article 56 – paragraph 3

Text proposed by the Commission

Amendment

3. If the notifying competent authority referred to in paragraph 1 has reason to believe that the investigations performed or the measures taken by the notified competent authorities in accordance with paragraph 2 do not adequately address the case of non-compliance established, they shall request the notified competent authorities to carry out additional official controls or measures.

deleted

In such cases:

 

(a) the competent authorities from the two Member States shall seek ways and means of finding an agreed approach with the aim of appropriately addressing the case of non-compliance referred to in paragraph 1 of this Article, including through joint on-the-spot official controls performed in accordance with Articles 53(2) and 54(2);

 

(b) they shall inform the Commission without undue delay where they are not able to agree on appropriate measures.

 

Amendment    139

Proposal for a regulation

Article 58 – paragraph 1 – point a

Text proposed by the Commission

Amendment

(a) information available to the Commission indicates that activities that are, or appear to be, non-compliance:

(a) information available to the Commission indicates that activities that are, or appear to be, non-compliant with the zootechnical and genealogical rules provided for in this Regulation:

Amendment    140

Proposal for a regulation

Article 61 – paragraph 1 – point a

Text proposed by the Commission

Amendment

(a) perform any further investigation necessary to determine the origin and extent of the non-compliance and to establish the responsibilities of breeders, breed societies and breeding operations;

(a) perform all official controls or any further investigation necessary to determine the origin and extent of the non-compliance and to establish the responsibilities of breeders, breed societies and breeding operations;

Amendment    141

Proposal for a regulation

Article 61 – paragraph 2

Text proposed by the Commission

Amendment

2. When acting in accordance with paragraph 1, competent authorities shall, as appropriate:

2. When acting in accordance with paragraph 1, competent authorities shall take all measures they deem appropriate to ensure compliance with the zootechnical and genealogical rules provided for in this Regulation.

(a) postpone the entry in breeding books of purebred breeding animals or the registration in breed registers of hybrid breeding pigs;

 

(b) order the alteration of the status of the animals or their germinal products as intended for breeding in accordance with this Regulation or corrective information to be provided to breeders;

 

(c) restrict or prohibit the trade in animals and germinal products as breeding animals or germinal products defined in Article 2 or their imports into the Union or exports to third countries or prohibit or order their return to the Member State of dispatch;

 

(d) order that the breeder, breed society or breeding operation increases the frequency of own controls;

 

(e) order that certain activities of the breeder, breed society or breeding operation concerned be subject to increased or systematic official controls;

 

(f) order the cessation for an appropriate period of time of all or part of the activities of the breeder, breed society or breeding operation concerned and, where relevant, of the Internet sites it operates or employs and suspend the approval of a breeding programme carried out by a breed society or breeding operation, where that breed society or breeding operation repeatedly, continuously or generally fails to comply with the requirements of the breeding programme approved in accordance with Article 8(1) or Article 9;

 

(g) order the withdrawal of the recognition of the breed society or breeding operation granted in accordance with Article 4(2), if the administrative practice of that breed society or breeding operation indicates that it repeatedly, continuously or generally fails to comply with the requirements of Article 4(2)(c);

 

(h) take any other measure the competent authorities deem appropriate to ensure compliance with the zootechncial and genealogical rules provided for in this Regulation.

 

Amendment    142

Proposal for a regulation

Article 65 – paragraph 1

Text proposed by the Commission

Amendment

1. To assist the Commission in carrying the Commission controls provided for in Article 63(1), Member States shall:

1. To assist the Commission in carrying out the Commission controls provided for in Article 63(1), Member States shall provide all necessary technical assistance and all the documentation and all other technical means requested by Commission experts so as to be able to carry out controls efficiently and effectively;

(a) provide the necessary assistance, documentation and other technical support that Commission experts request to enable them to carry out the Commission controls efficiently and effectively;

 

(b) ensure that Commission experts have access to all premises or parts of premises and to information, including computing systems, necessary to carry out the Commission controls.

 

(Point (a) is included in the introductory part with one modification, while point (b) is deleted.)

Amendment    143

Proposal for a regulation

Article 66 – paragraph 2 – point b

Text proposed by the Commission

Amendment

2. The measures provided for in paragraph 1 shall be adopted only after the Member State concerned has failed to correct the situation upon request and within the time limit set by the Commission.

2. The measures provided for in paragraph 1 shall be adopted only after the Member State concerned has failed to correct the situation upon request and within the appropriate time limit set by the Commission.

Amendment    144

Proposal for a regulation

Article 67 – paragraph 1 – point a

Text proposed by the Commission

Amendment

(a) verify that the zootechnical and genealogical rules on breeding animals and their germinal products provided for in the legislation of the third country provides equivalent guarantees to that provided for in the Union by this Regulation;

(a) verify that the legislation and systems of those third countries comply with, or are equivalent to, the zooetchnical and genealogical rules provided for in the Union by this Regulation;

Amendment    145

Proposal for a regulation

Article 67 – paragraph 1 – point b

Text proposed by the Commission

Amendment

(b) verify that the control system in place in the third country concerned can ensure that consignments of breeding animals and their germinal products exported to the Union comply with relevant requirements in Chapter VII of this Regulation;

(b) verify the ability of the control system in place in the third country concerned to ensure that consignments of breeding animals and their germinal products exported to the Union comply with relevant requirements in Chapter VII of this Regulation;

Amendment    146

Proposal for a regulation

Article 67 – paragraph 1 – point c

Text proposed by the Commission

Amendment

(c) collect information to elucidate the causes of recurring cases where breeding animals and their germinal products imported into the Union do not meet the zootechnical and genealogical requirements for imports into the Union for which compliance was unduly certified.

(c) collect information and data to elucidate the causes of recurring or emerging cases where breeding animals and their germinal products imported into the Union do not meet the zootechnical and genealogical requirements for imports into the Union for which compliance was unduly certified.

Amendment    147

Proposal for a regulation

Article 67 – paragraph 2 – point b

Text proposed by the Commission

Amendment

(b) the organisation of the competent authority of the third country, its powers and independence, the supervision to which it is subject and the authority it has to enforce the legislation referred to in point (a) effectively;

(b) the organisation of the competent authority of the third country, its powers and independence, the supervision to which it is subject and the authority it has to enforce the appropriate legislation effectively;

Amendment    148

Proposal for a regulation

Article 67 – paragraph 2 – point c

Text proposed by the Commission

Amendment

(c) the training of staff in the performance of official controls;

(c) the training of staff by the competent authorities of third countries in the performance of official controls;

Amendment    149

Proposal for a regulation

Article 67 – paragraph 2 – point f

Text proposed by the Commission

Amendment

(f) the extent and operation of official controls performed on breeding animals and their germinal products arriving from other third countries;

(f) the extent and operation of official controls performed by the competent authorities of third countries on breeding animals and their germinal products arriving from other third countries;

Amendment    150

Proposal for a regulation

Article 68 – paragraph 1

Text proposed by the Commission

Amendment

1. The frequency of Commission controls in third countries shall be determined on the basis of:

1. The frequency of the Commission controls in third countries referred to in Article 67(1) shall be determined on the basis of:

Amendment    151

Proposal for a regulation

Article 68 – paragraph 1 – point d a (new)

Text proposed by the Commission

Amendment

 

(da) any other information considered appropriate.

Amendment    152

Proposal for a regulation

Article 70 – paragraph 1

Text proposed by the Commission

Amendment

1. Where there is evidence that widespread serious non-compliance with the zootechnical and genealogical rules provided for in this Regulation may be taking place, the Commission shall, by means of implementing acts, adopt the special measures necessary to put an end to such non-compliance.

1. Where there is evidence that serious non-compliance with the zootechnical and genealogical rules provided for in this Regulation may be taking place, the Commission shall, by means of implementing acts, adopt the special measures necessary to put an end to such non-compliance.

Amendment    153

Proposal for a regulation

Article 70 – paragraph 2 – point b – point ii

Text proposed by the Commission

Amendment

(ii) accompanied by an official certificate or any other evidence attesting that the breeding animals or their germinal products meet the requirements set out in Chapter VII of this Regulation or in the delegated act adopted pursuant to Article 45(1);

(ii) accompanied by an official certificate or any other evidence attesting that the breeding animals or their germinal products meet the requirements set out in Chapter VII of this Regulation;

Amendment    154

Proposal for a regulation

Article 71 – paragraph 2

Text proposed by the Commission

Amendment

2. The power to adopt delegated acts referred to in Articles 4(3), 8(3), 17(4), 19(4), 20(2), 21(2), 23(4), 24(2), 28(1), 32(2), 33(3), 35(1), 39(2), 45(1) and 52(1) shall be conferred on the Commission for an indeterminate period from the date of entry into force of this Regulation.

2. The power to adopt delegated acts referred to in Article 32(2) and Article 33(3) shall be conferred on the Commission for a period of five years from the date of entry into force of this Regulation. The Commission shall draw up a report on the delegation of power not later than nine months before the end of the five-year period and shall report to the European Parliament and the Council. The 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.

Amendment    155

Proposal for a regulation

Article 71 – paragraph 3

Text proposed by the Commission

Amendment

3. The delegation of power referred to in Articles 4(3), 8(3), 17(4), 19(4), 20(2), 21(2), 23(4), 24(2), 28(1), 32(2), 33(3), 35(1), 39(2), 45(1) and 52(1) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.

3. The delegation of power referred to in Article 32(2) and Article 33(3) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.

Amendment    156

Proposal for a regulation

Article 71 – paragraph 5

Text proposed by the Commission

Amendment

5. A delegated act adopted pursuant to Articles 4(3), 8(3), 17(4), 19(4), 20(2), 21(2), 23(4), 24(2), 28(1), 32(2), 33(3), 35(1), 39(2), 45(1) and 52(1) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period may be extended by two months at the initiative of the European Parliament or of the Council.

5. A delegated act adopted pursuant to Article 32(2) and Article 33(3) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period may be extended by two months at the initiative of the European Parliament or of the Council.

Amendment    157

Proposal for a regulation

Annex I – Part 1 – title

Text proposed by the Commission

Amendment

General requirements for the recognition of breed societies and breeding operations as provided for in Article 4(2)

General requirements for the recognition of breed societies and breeding operations as provided for in Article 4(2)(b)

 

(This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.)

Amendment    158

Proposal for a regulation

Annex I – Part 1 – paragraph 2

Text proposed by the Commission

Amendment

2. be legally and financially independent from the competent authority;

deleted

Justification

This provision does not invariably reflect the situation on the ground and in some cases, therefore, might place the existence of breed societies in jeopardy.

Amendment    159

Proposal for a regulation

Annex I – Part 1 – paragraph 3 – point d

Text proposed by the Commission

Amendment

(d) can generate and use the livestock performance data of breeding animals necessary for carrying out its breeding programme to be approved in accordance with Article 8(1) and, where applicable Article 9;

(d) is able, directly or indirectly, to generate and use the livestock performance data of breeding animals necessary for carrying out its breeding programme to be approved in accordance with Article 8(1) and, where applicable, Article 9;

Justification

Breed societies or breeding operations may delegate part of their activities.

Amendment    160

Proposal for a regulation

Annex I – Part 1 – paragraph 3 – point e – introductory part

Text proposed by the Commission

Amendment

(e) in case where membership of breeders is required by the breed society or breeding operation, has adopted rules of procedure to provide for:

(e) where a breed society or breeding operation has a membership scheme, the society or operation shall draw up rules of procedure providing in particular for:

Amendment    161

Proposal for a regulation

Annex I – Part 1 – paragraph 3 – point f

Text proposed by the Commission

Amendment

(f) has adopted rules of procedure to settle disputes with breeders arising from the performance testing and genetic evaluation of breeding animals, the entry into classes according to merits and the acceptance of breeding animals for breeding and collection and use of germinal products.

(f) has adopted rules of procedure to settle disputes with breeders and setting out the rights and obligations of breeders participating in the breeding programme of the breed society or breeding operation.

Amendment    162

Proposal for a regulation

Annex I – Part 2 – paragraph 1 – point d

Text proposed by the Commission

Amendment

(d) the objectives of the breeding programme and detailed evaluation criteria concerning the selection of breeding animals, which in the case of the establishment of a breeding book for a new breed, must include information on the detailed circumstances justifying the establishment of the new breed;

(d) the objectives of the breeding programme, the populations to be assessed, and detailed evaluation criteria concerning the selection of breeding animals, which in the case of the establishment of a breeding book for a new breed, must include information on the detailed circumstances justifying the establishment of the new breed;

Amendment    163

Proposal for a regulation

Annex I – Part 2 – paragraph 1 – point e

Text proposed by the Commission

Amendment

(e) the systems to generate, record, communicate and use the results of performance testing and, where required in accordance with Article 27, to carry out a genetic evaluation in order to estimate the genetic values of breeding animals with a view to the improvement, selection or preservation of the breed or the improvement of the cross;

(e) the systems to generate, record, communicate and use the results of performance testing and, where required in accordance with Article 27, to estimate the genetic values, which may include a genomic evaluation, of breeding animals with a view to the improvement, selection or preservation of the breed or the planning of the cross;

Amendment    164

Proposal for a regulation

Annex I – Part 2 – point 1 – subparagraph 1 a (new)

Text proposed by the Commission

Amendment

 

If the breeding programme is to be carried out as a conservation programme, in addition to meeting the conditions laid down in points (a) to (g) of the first subparagraph, it must involve any appropriate in situ (on living animals) and ex situ (conservation of reproductive material or tissue) measure required to preserve the genetic heritage of a species.

Amendment    165

Proposal for a regulation

Annex II – Part 1 – Chapter I – point 1 – point a – point i

Text proposed by the Commission

Amendment

(i) in point (i) of Article 2(i) in the case of purebred breeding animals of the bovine species (Bos taurus and Bubalus bubalis), porcine species (Sus scrofa), ovine species (Ovis aries) and caprine species (Capra hircus);

(i) in point (i) of Article 2(i) in the case of purebred breeding animals of the bovine species (Bos taurus, Bos indicus and Bubalus bubalis), porcine species (Sus scrofa), ovine species (Ovis aries) and caprine species (Capra hircus);

Amendment    166

Proposal for a regulation

Annex II – Part 1 – Chapter 1 – paragraph 1 – point a – point ii

Text proposed by the Commission

Amendment

(ii) in point (ii) of Article 2(i) in the case of purebred breeding animals of the equine species (Equus caballus and Equus asinus);

(ii) in point (ii) of Article 2(i) in the case of purebred breeding animals of the equine or asinine species (Equus caballus and Equus asinus). Both of the animal’s parents are entered in the main section of the breeding book and have been accepted for breeding by the breed society;

Justification

The process prior to the acceptance (or, possibly, rejection) of a stallion or mare for breeding in a breeding book enables the zootechnical level of animals to be scrutinised in keeping with a breeding approach that goes beyond mere pedigree. Asses should also be included.

Amendment    167

Proposal for a regulation

Annex II – Part 1 – Chapter I – paragraph 1 – point a – point iii

Text proposed by the Commission

Amendment

(iii) in the delegated acts adopted pursuant to Article 35(1) and 45(1) in the case of purebred breeding animals of other species referred to in Article 2(i)(iii);

deleted

Amendment     168

Proposal for a regulation

Annex II – section 1 – subsection 1 – point 1 – point c

Text proposed by the Commission

Amendment

(c) it has been identified after birth in accordance with Union animal health legislation pertaining to the species concerned and the rules set out in the breeding programme approved in accordance with Article 8(1) or Article 9, which must require in the case of purebred breeding animals of the equine species the identification as foal at foot and at least a covering certificate;

(c) it has been identified after birth in accordance with Union animal health legislation pertaining to the breed concerned and the rules set out in the breeding programme approved in accordance with Article 8(1) or Article 9, which must require in the case of purebred breeding animals of the equine species the identification as foal at foot and at least a covering certificate;

Amendment    169

Proposal for a regulation

Annex II – Part 1 – paragraph 3 a (new)

Text proposed by the Commission

Amendment

 

3a. A breed society that enters a purebred breeding animal of the equine species in its breeding book may not refuse to enter, or to register with a view to entering, a castrated male of the equine species which meets the conditions laid down in points (b) and (c) of paragraph 1, and, where appropriate, point (d) thereof, if the parents of that animal were entered in that breeding book and accepted for breeding by the breed society.

Amendment     170

Proposal for a regulation

Annex II – section 1 – subsection 3 – point 3 a (new)

Text proposed by the Commission

Amendment

 

3a. Breed societies may not refuse to enter any male animal of the ovine or caprine species which is regarded as purebred in the main section of the breeding book they have established, as provided for in Chapter I, if the animal meets the following conditions:

 

(a) its parents and grandparents are entered in a supplementary section of a breeding book for the same breed, as provided for in point 1;

 

(b) it is an animal from a robust breed in respect of which an authorised, time-limited breeding programme is being carried out which provides for the entry of male breeding animals in a supplementary section of a breeding book for the same breed, as provided for in point 1.

Justification

Existing exemptions for robust breeds should be retained in order to safeguard genetic diversity.

Amendment     171

Proposal for a regulation

Annex II – section 1 – subsection 3 – point 4 – paragraph 1

Text proposed by the Commission

Amendment

In the case of female purebred breeding animals of the equine species, those conditions shall not be stricter than the conditions set out in point 3(a) and (b) of this Chapter.

deleted

Justification

Certaines races d’équidés (races rustiques entre autres) utilisent une section annexe en vue d’obtenir des animaux de race pure (ou quasiment) inscriptibles en section principale. Ce niveau de pureté de la race ne peut être atteint qu’à l’issue de croisements successifs de juments (ou ânesses), inscrites en annexe, avec des étalons (ou baudets) de la race et sur plusieurs générations. Or, la disposition introduite au dernier alinéa et qui n’existe pas dans la réglementation actuelle, ne permettrait plus d’atteindre ce niveau de pureté en obligeant à inscrire en section principale des femelles issues seulement de deux croisements successifs avec un mâle de la race.

Amendment     172

Proposal for a regulation

Annex III – heading 1 a (new)

Text proposed by the Commission

Amendment

 

Breed societies may carry out performance testing based on the requirements of their breeding programme and, where performance testing is undertaken, may select activities appropriate for their breeding programme.

Amendment    173

Proposal for a regulation

Annex III – Part 1 – Chapter I – subparagraph 1

Text proposed by the Commission

Amendment

Breed societies shall carry out performance testing to establish the genetic value of purebred breeding animals of the bovine species using one or a combination of the methods set out in this Chapter.

Breed societies shall carry out, or have a designated institution as referred to in Article 29(1) carry out, performance testing to establish the genetic value of purebred breeding animals of the bovine species using one or a combination of the methods set out in this Chapter.

Amendment    174

Proposal for a regulation

Annex III – Part 1 – Chapter I – paragraph 2

Text proposed by the Commission

Amendment

Performance testing shall follow the rules and standards established by the relevant European Union reference centre provided for in Article 31(1) in cooperation with the International Committee for Animal Recording (ICAR).

Performance testing shall follow the rules and standards established by the relevant European Union reference centre provided for in Article 31(1) in cooperation with ICAR.

 

(This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.)

Amendment    175

Proposal for a regulation

Annex III – Part 1 – Chapter I – Section 2

Text proposed by the Commission

Amendment

Breed societies shall record milk production data according to the rules and standards established by the relevant European Union reference centre provided for in Article 31(1) in cooperation with ICAR.

(Does not affect English version.)

Amendment    176

Proposal for a regulation

Annex III – Part 1 – Chapter I – Section 3 – paragraph 2

Text proposed by the Commission

Amendment

2. The inclusion in the genetic evaluation of temperament, morphological rating data and disease resistance shall only be considered if the data are generated on the basis of a recording system approved by the designated institution as provided for in Article 29(1).

2. The inclusion in the genetic evaluation of temperament, morphological rating data and disease resistance or any other new trait shall only be considered if the data are generated on the basis of a recording system approved by the designated institution as provided for in Article 29(1).

Justification

Other species must be incorporated into this regulation only on the basis of codecision arrangements.

Amendment    177

Proposal for a regulation

Annex III – Part 1 – Chapter II – paragraph 2 – subparagraph 2

Text proposed by the Commission

Amendment

The breeding value of a breeding animal shall be calculated on the basis of the results of the performance testing of the individual or of its relatives and the confidence in such a breeding value may be enhanced by the use of genomic information or based on another method validated by the European Union reference centre referred to in Article 31(1).

The breeding value of a breeding animal shall be calculated on the basis of genome-related information and/or the results of the performance testing of the individual and/or of its relatives and/or any other source of information validated by the European Union reference centre referred to in Article 31(1).

Justification

The Commission’s wording could be interpreted to mean that young bulls with no daughters (‘genomic bulls’) may not be accepted for breeding. It is important to ensure that semen from genomically evaluated bulls may be placed on the market.

Amendment    178

Proposal for a regulation

Annex III – Part 1 – Chapter II – paragraph 2 a (new)

Text proposed by the Commission

Amendment

 

2a. Breed societies shall guarantee that there is no bias resulting from the influences of the main environmental factors and data structure. A breed society may approach the relevant European Union reference centre provided for in Article 31(1) if it wishes to ascertain whether its statistical methods for genetic evaluation comply with internationally established and recognised standards and rules. If it is asked for an expert opinion, the European Union reference centre shall treat information supplied by the breed society as confidential.

Justification

The firm obligation laid down in the Commission proposal could stifle innovation in the genetic evaluation field and might lead to confidentiality problems for breed societies that developed innovative statistical methods.

Amendment    179

Proposal for a regulation

Annex III – Part 1 – Chapter II – paragraph 3 – subparagraph 1

Text proposed by the Commission

Amendment

3. The statistical methods applied in genetic evaluation shall comply with the rules and standards established by the relevant European Union reference centre provided for in Article 31(1) in cooperation with ICAR and guarantee a genetic evaluation unbiased from the influences of the main environmental factors and data structure.

deleted

Amendment    180

Proposal for a regulation

Annex III – Part 1 – Chapter II – paragraph 3 – subparagraph 2

Text proposed by the Commission

Amendment

The reliability of the genetic evaluation shall be measured as the coefficient of determination in accordance with rules and standards established by the relevant European Union reference centre provided for in Article 31(1) in cooperation with ICAR. When publishing the evaluation results, the reliability as well as the date of evaluation shall be given.

(Does not affect English version.)

Amendment     181

Proposal for a regulation

Annex III – section 1 – subsection 2 – point 5 – introductory part

Text proposed by the Commission

Amendment

5. Bulls intended for artificial insemination, with the exception of bulls belonging to breeds threatened with extinction, shall be subjected to a genetic evaluation on compulsory traits as described in point 6 or 7. Those breeding values shall be published by the breed society.

5. Bulls at least 12 months old placed on the market for artificial insemination, with the exception of bulls belonging to breeds threatened with extinction, shall be subjected to a genetic evaluation on, as a minimum requirement, compulsory traits as described in point 6 or 7. All of those breeding values shall be published by the breed society.

Justification

The right to information must cover all the breeding values available, but should not apply to bulls being tested or in the process of being confirmed.

Amendment    182

Proposal for a regulation

Annex III – Part 1 – Chapter II – paragraph 5 – subparagraph 1 a (new)

Text proposed by the Commission

Amendment

 

All the other breeding values existing for bulls intended for artificial insemination programmes shall also be published by the breed society.

Amendment    183

Proposal for a regulation

Annex III – Part 1 – Chapter II – paragraph 5 – subparagraph 2

Text proposed by the Commission

Amendment

Other available breeding values of bulls intended for artificial insemination shall also be published by the breed society.

The breeding values existing for bulls intended for natural services, as well as for females, shall also be published by the breed society.

Justification

This information must also be available for indexed females.

Amendment    184

Proposal for a regulation

Annex III – Part 1 – Chapter II – paragraph 6 – subparagraph 2

Text proposed by the Commission

Amendment

The minimum reliability of the genetic evaluation of bulls for artificial insemination of the dairy breeds shall be at least 0,5 for the traits milk yield, butterfat and protein content, according to the rules and standards established by the relevant European Union reference centre provided for in Article 31(1) in cooperation with ICAR for the evaluation of the main production traits, taking into account all information available from progeny and collaterals.

(Does not affect English version.)

Amendment    185

Proposal for a regulation

Annex III – Part 1 – Chapter II – paragraph 6 – subparagraph 3

Text proposed by the Commission

Amendment

Genomically evaluated young bulls, without progeny performance records, shall be considered suitable for artificial insemination if their genomic evaluation is validated according to rules and standards established by the relevant European Union reference centre provided for in Article 31(1) in cooperation with ICAR.

(Does not affect English version.)

Amendment    186

Proposal for a regulation

Annex III – Part 1 – Chapter II – paragraph 7 – subparagraph 1 – point e

Text proposed by the Commission

Amendment

(e) genomic evaluation or any other method, including a combination of these methods, validated in accordance with the rules and standards established by the relevant European Union reference centre provided for in Article 31(1) in cooperation with ICAR.

(Does not affect English version.)

Amendment    187

Proposal for a regulation

Annex III – Part 1 – Chapter II – paragraph 7 – subparagraph 3

Text proposed by the Commission

Amendment

The minimum reliability of the genetic evaluation of bulls for artificial insemination of beef breeds shall be at least 0,5 for the traits live weight gain and muscular development (beef conformation) according to the rules and standards established by the relevant European Union reference centre provided for in Article 31(1) in cooperation with ICAR for the evaluation of the main production traits,

The minimum reliability of the genetic evaluation of bulls for artificial insemination of beef breeds shall be at least 0,3 for the traits live weight gain and muscular development (beef conformation) according to the rules and standards established by the relevant European Union reference centre provided for in Article 31(1) in cooperation with ICAR for the evaluation of the main production traits,

Justification

The threshold proposed by the Commission would appear to be too high given the breeding methods currently used for meat production.

Amendment    188

Proposal for a regulation

Annex III – Part 1 – Chapter II – paragraph 7 – subparagraph 3

Text proposed by the Commission

Amendment

The minimum reliability of the genetic evaluation of bulls for artificial insemination of beef breeds shall be at least 0,5 for the traits live weight gain and muscular development (beef conformation) according to the rules and standards established by the relevant European Union reference centre provided for in Article 31(1) in cooperation with ICAR for the evaluation of the main production traits,

(Does not affect English version.)

Amendment    189

Proposal for a regulation

Annex III – Part 1 – Chapter II – paragraph 7 – subparagraph 4

Text proposed by the Commission

Amendment

Where genomic breeding values are calculated, those values shall be validated for the traits concerned according to the rules and standards established by the relevant European Union reference centre provided for in Article 31(1) in cooperation with ICAR.

(Does not affect English version.)

Amendment     190

Proposal for a regulation

Annex III – section 2 – subsection 2 – point 1 – point a – introductory part

Text proposed by the Commission

Amendment

(a) the genetic merit of the breeding animal shall be calculated by assessing the qualities of a suitable number of progeny or collaterals in relation to production characteristics:

(a) the genetic merit of the breeding animal shall be calculated on the basis of genomic information or by assessing the qualities of a suitable number of progeny or collaterals in relation to production characteristics or by a combination of those methods:

Justification

Technical advances should be taken into account so that the genomic method can be applied to pig breeding.

Amendment     191

Proposal for a regulation

Annex III – section 3 – subsection 1 – point 1 – point b – point ii

Text proposed by the Commission

Amendment

(ii) the maximum age or maximum weight of young breeding animals at the start of the test and number of animals;

(ii) the sex, maximum age or maximum weight of young breeding animals at the start of the test and number of animals;

Amendment    192

Proposal for a regulation

Annex III – Part 3 – Chapter I – paragraph 3 – point a

Text proposed by the Commission

Amendment

(a) the traits recorded in conformity with the principles agreed by the ICAR, such as milk production, milk composition or any other relevant data, shall be stated;

(Does not affect English version.)

Amendment    193

Proposal for a regulation

Annex III – Part 3 – Chapter I – paragraph 3 – point b – point i

Text proposed by the Commission

Amendment

(i) relate to a period of time which conforms to the norm laid down by ICAR for recording productivity of milk animals;

(Does not affect English version.)

Amendment     194

Proposal for a regulation

Annex III – section 3 – subsection 2 – paragraph 1 – introductory part

Text proposed by the Commission

Amendment

The genetic merit of a breeding animal shall be calculated by assessing the qualities of a suitable number of progeny and, where appropriate, collaterals as follows:

The genetic merit of a breeding animal shall be calculated on the basis of genomic information or by assessing the qualities of a suitable number of progeny and, where appropriate, collaterals, or by a combination of those methods, as follows:

Justification

Technical advances should be taken into account so that the genomic method can be used in sheep breeding.

Amendment     195

Proposal for a regulation

Annex IV – point 1 – point c

Text proposed by the Commission

Amendment

(c) staff been instructed to respect the confidential nature of certain subjects, results or communications;

(c) procedures in place to ensure that the confidential nature of certain subjects, results or communications is maintained;

Amendment    196

Proposal for a regulation

Annex V – Part 2 – Chapter I – paragraph 1 – point l

Text proposed by the Commission

Amendment

(l) all available results of performance tests and up-to-date results of the genetic evaluation including genetic peculiarities and genetic defects on the purebred breeding animal itself and its parents and grandparents as required in the breeding programme approved in accordance with Art 8(1) or Article 9 for the category and the purebred breeding animal in question;

(l) all available results of the genetic evaluation or, failing that, performance tests, including genetic peculiarities and genetic defects on the purebred breeding animal itself and its parents and grandparents as required in the breeding programme approved in accordance with Art 8(1) or Article 9 for the category and the purebred breeding animal in question;

Justification

Providing all information on the breeding program would overburden the pedigree without real added value. Relevant, summarised information on the available results of the genetic evaluation is sufficient.

EXPLANATORY STATEMENT

The aim of European Union zootechnical legislation is to encourage intra-EU free trade in, and facilitate imports of, breeding animals and their genetic material, while ensuring that breeding programmes and genetic resource preservation programmes are maintained.

The breeding of livestock, particularly of animals with a high level of genetic particularity, not only contributes to the economic and social development of the area in which it takes place, but is also one of the pillars on which the EU’s food security is based.

The Commission’s intention was to bring together all the directives relating to the zootechnical legislation on different species into a single body of law in the form of this Regulation in order to complete the single market in this area. Nevertheless, it should be pointed out that the Commission is going beyond the simple aim of consolidating and simplifying the texts. It is proposing a harmonised structuring of animal breeding which will have a significant impact on animal genetics in Europe. Your rapporteur supports this general approach, but believes that certain points need clarification or reassessment.

Firstly, your rapporteur has sought to add some definitions and make others more specific. In particular, the terms ‘breed’ and ‘breeding programme’ are not defined, even though they are essential to interpreting this Regulation.

Efforts to achieve competitiveness, in particular to allow major European breeds to be exported internationally, should not jeopardise local breeds – some of which are in very low numbers – which are an integral part of the biogenetic diversity in Europe. Throughout this text your rapporteur has sought to maintain this balance. Articles 5 and 9, in particular, have been changed accordingly.

Animal breeding will now be steered by a breed society or a breeding operation, which must meet precise criteria in order to obtain recognition from the competent authority. Its breeding programme must, at the same time, be approved by the competent authority. Your rapporteur supports this approach, which will allow European breeds to be effectively structured as the global market become increasingly complex and competitive. The recognition and approval procedure should therefore be made secure, which is the purpose of some of the amendments, especially in Chapter II. Certain existing realities need to be taken into account, which is the reasoning behind some of the amendments which have sought to give greater flexibility over the legal status of the breed society, its ability to delegate some of its activities to third parties and its internal organisation in connection with breeders.

Your rapporteur has sought to rebalance the provisions concerning the rights and obligations of breeders. For some aspects, national law would seem to be perfectly sufficient to allow breeders to consolidate their position within a breed society/breeding operation. This is the reason for the deletion of provisions considered too extreme, in particular as regards the systems for appeal (Articles 11 to 14).

The provisions concerning official controls should be simplified to ensure that they are limited to what is appropriate to ensure that third countries comply with EU standards.

Your rapporteur also considers that the number and scope of delegated acts proposed by the Commission needs to be drastically reduced. In particular, delegated acts should not cover essential provisions such as those concerning the recognition of breed societies/breeding operations, the approval of breeding programmes, the keeping of breeding books or the incorporation into the Regulation of new species.

Furthermore, in the opinion of your rapporteur, equine animals cannot be treated in this Regulation in the same way as other species on account of the particularity of their breeding book. While the EU has the honour of hosting the headquarters of their organisation, the major equine breeds are organised internationally, which is not something that needs to be called into question. Europe is today the world leader in equidae production. The diversity and quality of the breeding books should be preserved.

Finally, your rapporteur wishes to reiterate the importance of the work of the International Committee for Animal Recording (ICAR) regarding identification methods, performance monitoring rules and genetic assessment of livestock. The ICAR should be clearly designated as the reference body in the development of zootechnical legislation in its areas of competence.

26.1.2015

OPINION of the Committee on the Environment, Public Health and Food Safety

for the Committee on Agriculture and Rural Development

on the proposal for a regulation of the European Parliament and of the Council on the zootechnical and genealogical conditions for trade in and imports into the Union of breeding animals and their germinal products

(COM(2014)0005 – C7‑0032/2014 – 2014/0032(COD))

Rapporteur: Michel Dantin

SHORT JUSTIFICATION

The aim of European Union zootechnical legislation is to encourage intra-EU free trade in, and facilitate imports of, breeding animals and their genetic material, while ensuring that breeding programmes and genetic resource preservation programmes, and thereby all the breeds which exist in Europe, are maintained.

The breeding of livestock, particularly of animals with a high level of genetic particularity, not only contributes to the economic and social development of the area in which it takes place, but is also one of the pillars on which the EU’s food security is based.

Efforts to achieve competitiveness, in particular to allow major European breeds to be exported internationally, should not jeopardise local breeds – some of which are in very low numbers – which are an integral part of the biogenetic diversity in Europe. Throughout this text your rapporteur has sought to maintain this balance.

The Commission’s intention was to bring together all the directives relating to the zootechnical legislation on different species into a single body of law in the form of this Regulation in order to complete the single market in this area. While your rapporteur supports this approach, certain provisions nevertheless need to be amended, in view of the objective referred to in the preceding paragraph.

In particular, the concepts of ‘breed’, ‘breeding programme’, ‘preservation programme’ and ‘compromising preservation or genetic diversity’, which are vital to the interpretation of the Regulation, are missing. Your rapporteur felt it appropriate to incorporate them into his draft report.

In addition, Articles 5 and 9, which deal in particular with the preservation of biodiversity, have been supplemented to take into account all the circumstances that might jeopardise a local breed which is established in Europe.

Furthermore, in the opinion of your rapporteur, equine animals cannot be treated in this Regulation in the same way as other species on account of the particularity of their breeding book. While the EU has the honour of hosting the headquarters of their organisation, the major equine breeds are organised internationally, which is not something that needs to be called into question. Europe is today the world leader in equidae production. The diversity and quality of the stud books should be preserved.

Finally, your rapporteur wishes to reiterate the importance of the work of the International Committee for Animal Recording (ICAR) regarding identification methods, performance monitoring rules and genetic assessment of livestock. The ICAR should be clearly designated as the reference body in the development of zootechnical legislation in its areas of competence.

AMENDMENTS

The Committee on the Environment, Public Health and Food Safety calls on the Committee on Agriculture and Rural Development, as the committee responsible, to take into account the following amendments:

Amendment    1

Proposal for a regulation

Recital 1

Text proposed by the Commission

Amendment

(1) The breeding of domestic animals of the bovine, porcine, ovine, caprine and equine species, and to a lesser extent the breeding of animals of other species, occupy an important place in Union agriculture and is a source of income for the agricultural community. The breeding of animals of those species is best encouraged if purebred breeding animals or hybrid breeding pigs of recorded high genetic quality are used.

(1) The breeding of livestock of the bovine, porcine, ovine, caprine and equine species, and to a lesser extent the breeding of animals of other species, occupy a strategic place in Union agriculture in economic and social terms. This agricultural activity, which contributes to food security in the Union, is a source of income for the agricultural community. The breeding of animals of those species is best encouraged if purebred breeding animals or hybrid breeding pigs of recorded high genetic quality are used.

Amendment    2

Proposal for a regulation

Recital 2 a (new)

Text proposed by the Commission

Amendment

 

(2a) However, efforts to achieve competitiveness must not lead to the disappearance of breeds with characteristics that are adapted to specific biophysical contexts. Local breeds may be at risk if they are not maintained in sufficient numbers, which would represent a loss of biogenetic diversity.

Amendment    3

Proposal for a regulation

Recital 2 a (new)

Text proposed by the Commission

Amendment

 

(2a) Animal health and welfare, including transport conditions for live animals, are concerns that need to be taken into account by all actors in the zootechnical sector, in particular with regard to genetic improvement of breeds. The Commission should therefore ensure that those concerns are duly taken into account in the delegated and implementing acts that are to be adopted for the effective implementation of this Regulation.

Amendment    4

Proposal for a regulation

Recital 11

Text proposed by the Commission

Amendment

(11) However, the terminus "breed" should remain an undetermined legal concept allowing breed societies to describe the group of animals of sufficient genetic uniformity that they consider as distinct from other animals of that species and to enter them with mention of their known ascendants in breeding books in order to reproduce their inherited characteristics by way of reproduction, exchange and selection within the framework of an established breeding programme.

deleted

Justification

The concept of a ‘breed’ occurs throughout the regulation, but it is not defined. For reasons of legal certainty your rapporteur proposes a definition.

Amendment    5

Proposal for a regulation

Recital 16

Text proposed by the Commission

Amendment

(16) The quality of the services provided by breed societies and breeding operations and the way that they evaluate and classify animals has an impact on the value of breeding animals on the market. Accordingly, rules should be laid down for the recognition of breed societies and breeding operations based on harmonised Union criteria and their supervision by the competent authority of Member States in order to ensure that the rules established by them do not create disparities between breeding programmes and breeding standards and thereby create technical barriers to intra-Union trade.

(16) The quality of the services provided by breed societies and breeding operations and the way that they evaluate and classify animals define the animal’s performance level and have an impact on the value of breeding animals on the market. Accordingly, rules should be laid down for the recognition of breed societies and breeding operations based on harmonised Union criteria and their supervision by the competent authority of Member States in order to ensure that the rules established by them do not create disparities between breeding programmes and breeding standards and thereby create technical barriers to intra-Union trade.

Amendment    6

Proposal for a regulation

Recital 19 a (new)

Text proposed by the Commission

Amendment

 

(19a) The objectives of the Nagoya Protocol on access to genetic products and the fair and equitable sharing of benefits arising from their utilisation to the Convention on Biological Diversity are the conservation of biological diversity, the sustainable use of its components and the fair and equitable sharing of benefits arising from the utilisation of genetic resources, including by appropriate access to genetic resources and by appropriate transfer of technologies, taking into account rights over those resources and technologies, and by appropriate funding.

Amendment    7

Proposal for a regulation

Recital 34

Text proposed by the Commission

Amendment

(34) Performance testing and genetic evaluation may be carried out by institutions designated by the breed society or the breeding operation. Those designated institutions shall cooperate with the European Union reference centres designated by the Commission. The Commission should therefore be empowered to designate by way of implementing acts European Union reference centres and the necessary powers should be granted to the Commission to adopt delegated acts describing their duties and functions, where necessary by amending Annex IV. Those reference centres qualify for Union aid in accordance with Council Decision 2009/470/EC of 25 May 2009 on expenditure in the veterinary field15. In the case of purebred breeding animals of the bovine species, performance testing and genetic evaluation carried out by a breed society are at present assisted by the Interbull Centre, the European Union reference body designated by Council Decision 96/463/EC of 23 July 1996 designating the reference body responsible for collaborating in rendering uniform the testing methods and the assessment of the results for purebred breeding animals of the bovine species16.

(34) Performance testing and genetic evaluation may be carried out by institutions designated by the breed society or the breeding operation. Those designated institutions shall cooperate with the European Union reference centres designated by the Commission. The Commission should therefore be empowered to designate by way of implementing acts European Union reference centres and the necessary powers should be granted to the Commission to adopt delegated acts describing their duties and functions, where necessary by amending Annex IV. Those reference centres qualify for Union aid in accordance with Regulation (EU) No 652/2014 of the European Parliament and of the Council15. In the case of purebred breeding animals of the bovine species, performance testing and genetic evaluation carried out by a breed society are at present assisted by the Interbull Centre, a permanent sub-committee of the International Committee for Animal Recording (ICAR), designated by Council Decision 96/463/EC as the reference body responsible for collaborating in rendering uniform the testing methods and the assessment of the results for purebred breeding animals of the bovine species16.

__________________

__________________

15 OJ L 155, 18.6.2009, p. 30.

15 Regulation (EU) No 652/2014 of the European Parliament and of the Council of 15 May 2014 laying down provisions for the management of expenditure relating to the food chain, animal health and animal welfare, and relating to plant health and plant reproductive material, amending Council Directives 98/56/EC, 2000/29/EC and 2008/90/EC, Regulations (EC) No 178/2002, (EC) No 882/2004 and (EC) No 396/2005 of the European Parliament and of the Council, Directive 2009/128/EC of the European Parliament and of the Council and Regulation (EC) No 1107/2009 of the European Parliament and of the Council and repealing Council Decisions 66/399/EEC, 76/894/EEC and 2009/470/EC (OJ L 189, 27.6.2014, p. 1).

16 OJ L 192, 2.8.1996, p. 19.

16 OJ L 192, 2.8.1996, p. 19.

Amendment    8

Proposal for a regulation

Article 1 – paragraph 1 – point a

Text proposed by the Commission

Amendment

(a) zootechnical and genealogical rules for trade in breeding animals and their semen, oocytes and embryos and imports into the Union of breeding animals and their semen, oocytes and embryos;

(a) zootechnical and genealogical rules for the preservation and improvement of animal breeding and for trade in breeding animals and their semen, oocytes and embryos and imports into the Union of breeding animals and their semen, oocytes and embryos;

Justification

Consistent with the new recital 2a put forward by the rapporteur. The rules also aim to conserve and improve animal breeds by seeking both to conserve native breeds and biodiversity and to enhance the positive characteristics of those breeds.

Amendment    9

Proposal for a regulation

Article 2 – point a – point i

Text proposed by the Commission

Amendment

(i) the bovine species (Bos taurus and Bubalus bubalis), porcine species (Sus scrofa), ovine species (Ovis aries), caprine species (Capra hircus);

(i) the bovine species (Bos taurus, Bos indicus and Bubalus bubalis), porcine species (Sus scrofa), ovine species (Ovis aries), caprine species (Capra hircus);

Amendment    10

Proposal for a regulation

Article 2 – point a a (new)

Text proposed by the Commission

Amendment

 

(aa) ‘breed’ means a group of animals that are genetically similar enough to be considered to be distinct from other animals of the same species by one or more groups of breeders who agree to enter them in their breeding books, specifying the animals’ known ascendants, for the purpose of reproducing their inherited characteristics for reproduction, exchange and selection as part of an established breeding programme;

Amendment    11

Proposal for a regulation

Article 2 – point e

Text proposed by the Commission

Amendment

(e) ‘breeding operation’ means any breeding organisation, breeders' association or private undertaking which is recognised by the competent authority of a Member State in accordance with Article 4(2) for the purpose of carrying out a breeding programme on hybrid breeding pigs registered in the breed register(s) it maintains or establishes;

(e) ‘hybrid company’ means any breeding organisation, breeders' association or private undertaking which is recognised by the competent authority of a Member State in accordance with Article 4(2) for the purpose of carrying out a breeding programme on hybrid breeding pigs registered in the hybrid register(s) it maintains or establishes;

Amendment    12

Proposal for a regulation

Article 2 – point f a (new)

Text proposed by the Commission

Amendment

 

(fa) ‘breeding programme’ means any breeding and/or improvement and/or preservation programme run by breed societies or breeding companies which must fulfil the minimum requirements laid down in Part 2 of Annex I in order to be approved by the competent authorities;

Amendment    13

Proposal for a regulation

Article 2 – point i – point ii

Text proposed by the Commission

Amendment

(ii) of the species referred to in point (a)(ii) which descents from parents entered in the main section of a breeding book of the same breed and which is itself entered or registered and eligible for entry in the main section of such a breeding book in accordance with Article 19;

(ii) of the species referred to in point (a)(ii) which descents from parents entered in the main section of a breeding book of the same breed and which is itself entered or registered and eligible for entry in the main section of such a breeding book, including geldings, in accordance with Article 19;

Justification

The current definition, which only includes breeding animals, does not correspond to the particularities of the equine breeding book, in which animals are registered at birth, regardless of whether or not they will be breeding animals in future. This relates in particular to geldings and their status as ‘‘registered equidae’.

Amendment    14

Proposal for a regulation

Article 2 – point j – introductory part

Text proposed by the Commission

Amendment

(j) ‘hybrid breeding pig’ means an animal of the porcine species registered in a breed register, which is produced by deliberate cross-breeding between:

(j) ‘hybrid breeding pig’ means an animal of the porcine species registered in a hybrid register, which is produced by deliberate cross-breeding between:

Amendment    15

Proposal for a regulation

Article 2 – point j a (new)

Text proposed by the Commission

Amendment

 

(ja) ‘line’ means a genetically fixed sub-population of purebred animals of a particular breed;

Justification

If it were to be introduced, DNA sampling could accompany the documentation of a breeding animal throughout its life and be used in the event of a dispute or difficulties in identification.

Amendment    16

Proposal for a regulation

Article 2 – point o

Text proposed by the Commission

Amendment

(o) "merit" means a quantifiable heritable characteristic of a breeding animal;

(o)merit means an estimate of the expected effect of an animal’s genotype on a given characteristic of its progeny;

Amendment    17

Proposal for a regulation

Article 2 – point y a (new)

Text proposed by the Commission

Amendment

 

(ya) ‘cloned animal’ means an animal produced by means of a method of asexual, artificial reproduction with the aim of producing a genetically identical or nearly identical copy of an individual animal;

Justification

Linked to the amendments on Articles 33 and 40, as well as Annex V.

Amendment    18

Proposal for a regulation

Article 2 – point y b (new)

Text proposed by the Commission

Amendment

 

(yb) ‘descendant of a cloned animal’ means an animal produced by means of sexual reproduction, in cases in which at least one of the progenitors is a cloned animal.

Justification

Linked to the amendments on Articles 33 and 40, as well as Annex V.

Amendment    19

Proposal for a regulation

Article 5 – paragraph 1

Text proposed by the Commission

Amendment

1. By way of derogation from Article 4(2)(b), the competent authority may refuse to recognise a breed society that complies with the requirements set out in Part 1 of Annex I where the breeding programme of that breed society would compromise the preservation or the genetic diversity of purebred breeding animals entered, or registered and eligible for entry, in the breeding book established for that breed by a breed society that has already been recognised in that Member State.

1. By way of derogation from Article 4(2)(b), the competent authority may refuse to recognise a breed society that complies with the requirements set out in Part 1 of Annex I where the breeding programme of that breed society would compromise:

 

the preservation or the genetic diversity of purebred breeding animals entered, or registered and eligible for entry, in the breeding book established for that breed by a breed society that has already been recognised in that Member State, leading to a loss of efficiency in terms of monitoring any increase of inbreeding, and of managing genetic anomalies, as a result of a lack of coordinated management and of exchange of information on the genetic heritage of the breed;

 

– the effective implementation of an existing recognised society's improvement programme for the same breed, leading to a significant loss of effectiveness in terms of the genetic progress expected;

 

– the achievement of the objectives of the Nagoya Protocol and of the Convention on Biological Diversity in relation to biodiversity conservation; or

 

– the objectives of the EU Biodiversity strategy to 2020.

Justification

The provisions on the possibilities for refusing to grant recognition to breed societies should be supplemented to prevent a proliferation of breed societies for the same breed in a given territory, which would reduce clarity for users.

Amendment    20

Proposal for a regulation

Article 5 – paragraph 2 – point c a (new)

Text proposed by the Commission

Amendment

 

(ca) potential interference and a weakening which would result from the recognition of a body registering the same breeding animals as a breed society that has already been recognised.

Amendment    21

Proposal for a regulation

Article 8 – paragraph 1 a (new)

Text proposed by the Commission

Amendment

 

1a. A breed society or hybrid company may not implement its own zootechnical programme until the latter has been approved by the competent authority in accordance with paragraph 1.

Justification

This paragraph has been included to specify that the activity of a breed society or hybrid company depends on the approval of the zootechnical programme and cannot be considered separately.

Amendment    22

Proposal for a regulation

Article 8 – paragraph 2 – introductory part

Text proposed by the Commission

Amendment

2. The competent authority referred to in Article 4 may authorise breed societies and breeding operations to outsource the technical management of their breeding book or breed register and other specific aspects of their breeding programme to a third party, provided that:

2. The breed societies and breeding operations may outsource the technical management of their breeding book or breed register and other specific aspects of their breeding programme to a third party, provided that:

Justification

It should be up to the breed societies to decide whether or not to outsource the technical management of their breeding books or breed registers and other specific aspects of their breeding programmes.

Amendment    23

Proposal for a regulation

Article 8 – paragraph 2 – subparagraph 1 a (new)

Text proposed by the Commission

Amendment

 

Breed societies and breeding operations that choose to take up the option provided for in the first subparagraph shall inform the competent authority that they have done so.

Amendment    24

Proposal for a regulation

Article 8 – paragraph 3

Text proposed by the Commission

Amendment

3. The Commission shall be empowered to adopt delegated acts in accordance with Article 71 concerning amendments to the requirements for the approval of breeding programmes set up in Part 2 and, in the case of purebred equine animals, in Part 3 of Annex I to take account of the variety of breeding programmes carried out by breed societies and breeding operations.

3. The Commission shall be empowered to adopt delegated acts in accordance with Article 71 concerning the requirements for the approval of breeding programmes set up in Part 2 and, in the case of purebred equine animals, in Part 3 of Annex I to take account of the variety of breeding programmes carried out by breed societies and breeding operations.

Amendment    25

Proposal for a regulation

Article 9 – paragraph 1 – point b

Text proposed by the Commission

Amendment

(b) provide the competent authority referred to in point (a), together with that notification, with a copy of the application for approval of the breeding programme provided for in Article 8(1).

(b) provide the competent authority referred to in point (a), together with that notification, with a copy, in that authority’s national language, of the application for approval of the breeding programme provided for in Article 8(1).

Amendment    26

Proposal for a regulation

Article 9 – paragraph 2 – point b

Text proposed by the Commission

Amendment

(b) the approval of a further breeding programme would fragment the population of purebred breeding animals available in that Member State to an extend that would compromise the preservation or the genetic diversity of that breed.

(b) the approval of a further breeding programme would fragment the population of purebred breeding animals available in that Member State to an extent that:

 

(i) for preservation programmes, there would be a threat to the preservation or the genetic diversity of purebred breeding animals entered, or registered and eligible for entry, in the breeding book established for that breed by a breed society that has already been recognised in that Member State, owing to a loss of efficiency in terms of monitoring increases in inbreeding and managing genetic anomalies as a result of a failure to coordinate management and exchange information on the genetic heritage of the breed; or

 

(ii) for genetic improvement programmes, without prejudice to Article 18, such approval would result in a loss of efficiency in terms of the genetic progress expected, monitoring increases in inbreeding and managing genetic anomalies as a result of a failure to coordinate management and exchange information on the genetic heritage of the breed, or result in breeding developments that depart from or are inconsistent with the characteristics specified for the breed in that Member State.

Amendment    27

Proposal for a regulation

Article 10 – paragraph 3 a (new)

Text proposed by the Commission

Amendment

 

3a. Breeders who move their animals to sites outside the geographical area in which a zootechnical programme managed by a breed society or hybrid company has been approved may have their animals entered or registered in the breeding book or hybrid register kept by that breed society or hybrid company, in accordance with Articles 19 and 24.

Amendment    28

Proposal for a regulation

Article 20 – paragraph 2

Text proposed by the Commission

Amendment

2. The Commission shall be empowered to adopt delegated acts in accordance with Article 71 concerning amendments to the conditions for the recording of animals in supplementary sections of breeding books set out in Chapter III of Part 1 of Annex II.

2. The Commission shall be empowered to adopt delegated acts in accordance with Article 71 concerning the conditions for the recording of animals in supplementary sections of breeding books set out in Chapter III of Part 1 of Annex II.

Amendment    29

Proposal for a regulation

Article 21 – paragraph 1 – introductory part

Text proposed by the Commission

Amendment

1. Breed societies shall not exclude on zootechnical or genealogical grounds, other than those resulting from the application of Article 19, the use of purebred breeding animals entered in the main section of their breeding book for breeding using the following reproduction techniques:

1. Breed societies shall not exclude on zootechnical or genealogical grounds, other than those resulting from the application of Article 19 and Article 27, the use of purebred breeding animals entered in the main section of their breeding book for breeding using the following reproduction techniques:

Amendment    30

Proposal for a regulation

Article 21 – paragraph 1 a (new)

Text proposed by the Commission

Amendment

 

1a. By way of derogation from paragraph 1, a breed society that keeps a breeding book for purebred breeding animals of the equine species may, for the purposes of its breeding programmes or to safeguard genetic diversity within a pure breed, place restrictions on or prohibit the use for reproduction of one or more of the reproduction techniques referred to in paragraph 1 on purebred breeding animals entered in the main section of its breeding book.

Amendment    31

Proposal for a regulation

Article 22 – paragraph 1 – introductory part

Text proposed by the Commission

Amendment

1. Breed societies shall require that purebred breeding animals of the bovine species and male purebred breeding animals of dairy breeds of the ovine and caprine species are identified by analysis of their blood group or by any other appropriate method providing at least the same degree of certainty when they are used for:

1. Breed societies shall require that purebred breeding animals of the bovine, ovine and caprine species are identified by analysis of their blood group, by single nucleotide polymorphism (SNP) or microsatellite analysis, or DNA sample, or by any other appropriate method providing at least the same degree of certainty when they are used for:

Justification

SNP and microsatellite analysis need to be included among the reference methods.

Amendment    32

Proposal for a regulation

Article 22 – paragraph 1 – subparagraph 1 a (new)

Text proposed by the Commission

Amendment

 

The Commission shall take account of advances in identification methods on the basis of the work of the ICAR and the International Society of Animal Genetics (ISAG).

Amendment    33

Proposal for a regulation

Article 22 – paragraph 2 – subparagraph 1

Text proposed by the Commission

Amendment

1. On request of a Member State or a European association of breed societies for purebred animals of the species concerned, the Commission may, by means of implementing acts, approve methods for the verification of the identity of purebred breeding animals of the bovine species and male purebred breeding animals of dairy breeds of the ovine and caprine species that provide at least the same degree of certainty as the analysis of the blood group of those purebred breeding animals, taking into account technical advances and the recommendations of the European reference centres referred to in Article 31.

1. On request of a Member State or a European association of breed societies for purebred animals of the species concerned, the Commission may, by means of implementing acts, approve methods for the verification of the identity of purebred breeding animals of the bovine species and male purebred breeding animals of dairy breeds of the ovine and caprine species that provide at least the same degree of certainty as the analysis of the blood group of those purebred breeding animals, taking into account technical advances in identification methods based on the work of ICAR and ISAG and the recommendations of the European reference centres referred to in Article 31.

Amendment    34

Proposal for a regulation

Article 27 – paragraph 2 – introductory part

Text proposed by the Commission

Amendment

2. Where a breeding programme approved in accordance with Article 8(1) or Article 9 requires performance testing and genetic evaluation for the classification of purebred breeding animals of the equine species in breeding books and for the acceptance for breeding of male breeding animals of the equine species and their semen, breed societies shall ensure that such performance testing and genetic evaluation are carried out in accordance with the following rules set out in Annex I:

2. Where a breeding programme approved in accordance with Article 8(1) or Article 9 requires performance testing and genetic evaluation for the classification of purebred breeding animals of the equine species in breeding books and for the acceptance for breeding of breeding animals of the equine species and their germinal products, breed societies shall ensure that such performance testing and genetic evaluation are carried out in accordance with the following rules set out in Annex I:

Justification

Performance testing and genetic evaluation for acceptance for breeding should be an option for female breeding animals as well. This is of vital importance to some breed societies.

Amendment    35

Proposal for a regulation

Article 28 – paragraph 1 – point d a (new)

Text proposed by the Commission

Amendment

 

(da) ethical concerns.

Amendment    36

Proposal for a regulation

Article 28 – paragraph 2

Text proposed by the Commission

Amendment

2. In the light of the opinion of the independent expert referred to in Article 13(1)(a), the Commission may, by means of an implementing act, lay down uniform rules for performance testing and genetic evaluations and the interpretation of the results thereof.

2. In the light of the opinion of the independent expert referred to in Article 13(1)(a), the Commission may, by means of an implementing act, lay down uniform rules for performance testing and genetic evaluations and the interpretation of the results thereof on the basis of the work of ICAR.

Amendment    37

Proposal for a regulation

Article 33 – paragraph 1 a (new)

Text proposed by the Commission

Amendment

 

1a. In any case, the zootechnical certificates shall mention if the breeding animal is a cloned animal or a descendant of a cloned animal, or if the germinal product comes from a cloned animal or from a descendant of a cloned animal.

Justification

Back in 2011, all 3 institutions agreed that traceability was necessary as a basic and easy-to-implement requirement for whatever rules on cloned animals and their descendants would be decided upon later on. Farmers should have the right to know whether the reproductive material they buy is from a cloned animal or descendant thereof. The COM already promised in its 2010 cloning report to establish traceability requirements within the zootechnical legislation. (http://ec.europa.eu/dgs/health_consumer/docs/20101019_report_ec_cloning_en.pdf, p. 14).

Amendment    38

Proposal for a regulation

Article 40 – paragraph 1 a (new)

Text proposed by the Commission

Amendment

 

1a. In any case, the zootechnical certificates shall mention if the breeding animal is a cloned animal or a descendant of a cloned animal, or if the germinal product comes from a cloned animal or from a descendant of a cloned animal.

Justification

Back in 2011, all 3 institutions agreed that traceability was necessary as a basic and easy-to-implement requirement for whatever rules on cloned animals and their descendants would be decided upon later on. Farmers should have the right to know whether the reproductive material they buy is from a cloned animal or descendant thereof. The COM already promised in its 2010 cloning report to establish traceability requirements within the zootechnical legislation (http://ec.europa.eu/dgs/health_consumer/docs/20101019_report_ec_cloning_en.pdf, p. 14).

Amendment    39

Proposal for a regulation

Article 50 – paragraph 2 – point c

Text proposed by the Commission

Amendment

(c) an examination of documents and other records which may be relevant to the assessment of compliance with the zootechnical and genealogical rules provided for in this Regulation;

(c) an examination of documents, traceability records and other records which may be relevant to the assessment of compliance with the zootechnical and genealogical rules provided for in this Regulation;

Amendment    40

Proposal for a regulation

Article 53 – paragraph 2

Text proposed by the Commission

Amendment

2. The administrative assistance provided for in paragraph 1 shall include, where appropriate, participation by the competent authority of a Member State in on-the-spot official controls that the competent authority of another Member State performs.

2. The administrative assistance provided for in paragraph 1 shall include, where necessary, participation by the competent authority of a Member State in on-the-spot official controls that the competent authority of another Member State performs.

Amendment    41

Proposal for a regulation

Article 60 – paragraph 3 a (new)

Text proposed by the Commission

Amendment

 

3a. Under no circumstances shall the existing EU eight-hour limit to all live animal transport journeys, as laid down in Council Regulation (EC) No 1/2005, be infringed.

Justification

Farmers have a legal responsibility to ensure their animals are transported in a way that won’t cause injury or unnecessary suffering to them. Despite of that, severe animal welfare problems during the transport persist, according to evidence from the European Commission and EFSA. For some EU countries the penalties for non-compliance are not at all dissuasive.

Amendment    42

Proposal for a regulation

Annex I – Part 1 – paragraph 2

Text proposed by the Commission

Amendment

2. be legally and financially independent from the competent authority;

2. be legally and financially independent from the competent authority, without that financial independence preventing public authorities from granting them public aid in accordance with Union law;

Amendment    43

Proposal for a regulation

Annex I – Part 2 – point 1 – point c

Text proposed by the Commission

Amendment

(c) the system for recording pedigrees of purebred breeding animals entered or registered and eligible for entry into breeding books or of hybrid breeding pigs registered in breed registers;

(c) the system for recording pedigrees of purebred breeding animals, including the percentage of the animals’ pedigree purity, entered or registered and eligible for entry into breeding books or of hybrid breeding pigs registered in breed registers;

Justification

It is important to sustain principles of transparency and accountability to ensure that the breed’s purity are clear to all stakeholders thus ensuring that the genetic diversity of the breed is preserved.

Amendment    44

Proposal for a regulation

Annex I – Part 2 – point 1 – point d

Text proposed by the Commission

Amendment

(d) the objectives of the breeding programme and detailed evaluation criteria concerning the selection of breeding animals, which in the case of the establishment of a breeding book for a new breed, must include information on the detailed circumstances justifying the establishment of the new breed;

(d) the objectives of the breeding programme, the populations to be assessed and detailed evaluation criteria concerning the selection of breeding animals, which in the case of the establishment of a breeding book for a new breed, must include information on the detailed circumstances justifying the establishment of the new breed;

Amendment    45

Proposal for a regulation

Annex I – Part 2 – point 1 – subparagraph 1 a (new)

Text proposed by the Commission

Amendment

 

If the breeding programme is to be carried out as a conservation programme, in addition to meeting the conditions laid down in points (a) to (g) of the first subparagraph, it must involve any appropriate in situ (on living animals) and ex situ (conservation of reproductive material or tissue) measure required to preserve the genetic heritage of a species.

Amendment    46

Proposal for a regulation

Annex II – Part 1 – Chapter I – point 1 – point a – point i

Text proposed by the Commission

Amendment

(i) in point (i) of Article 2(i) in the case of purebred breeding animals of the bovine species (Bos taurus and Bubalus bubalis), porcine species (Sus scrofa), ovine species (Ovis aries) and caprine species (Capra hircus);

(i) in point (i) of Article 2(i) in the case of purebred breeding animals of the bovine species (Bos taurus, Bos indicus and Bubalus bubalis), porcine species (Sus scrofa), ovine species (Ovis aries) and caprine species (Capra hircus);

Amendment    47

Proposal for a regulation

Annex II – Part 1 – Chapter I – point 1 – point a – point ii

Text proposed by the Commission

Amendment

(ii) in point (ii) of Article 2(i) in the case of purebred breeding animals of the equine species (Equus caballus and Equus asinus);

(ii) in point (ii) of Article 2(i) in the case of purebred breeding animals of the equine species (Equus caballus and Equus asinus). Both of the animal’s parents shall be accepted for breeding by the breed society;

Amendment    48

Proposal for a regulation

Annex II – Part 1 – Chapter I – paragraph 1 – point b

Text proposed by the Commission

Amendment

(b) it has its pedigree established in accordance with the rules set out in the breeding book in accordance with the breeding programme approved in accordance with Article 8(1) or Article 9;

(b) it has its pedigree, accompanied by the percentage of its pedigree purity, established in accordance with the rules set out in the breeding book;

Justification

Pedigree-related matters are governed by the rules laid down in the breeding book, not by the breeding programme.

Amendment    49

Proposal for a regulation

Annex II – Part 1 – Chapter I – point 3 a (new)

Text proposed by the Commission

Amendment

 

3a. A breed society which enters in its filial breeding book a purebred breeding animal of the equine species may not refuse to enter, or to register with a view to entering, a castrated male of the equine species which meets the conditions laid down in points (b) and (c) of paragraph 1, and, where appropriate, point (d) of paragraph 1, if the parents of that animal were entered in the main section of that filial breeding book and accepted for breeding by the breed society.

Amendment    50

Proposal for a regulation

Annex III – Part 1 – Chapter I – first paragraph

Text proposed by the Commission

Amendment

Breed societies shall carry out performance testing to establish the genetic value of purebred breeding animals of the bovine species using one or a combination of the methods set out in this Chapter.

Breed societies shall carry out, or have a third party carry out, performance testing to establish the genetic value of purebred breeding animals of the bovine species using one or a combination of the methods set out in this Chapter.

Amendment    51

Proposal for a regulation

Annex III – Part 1 – Chapter I – second paragraph

Text proposed by the Commission

Amendment

Performance testing shall follow the rules and standards established by the relevant European Union reference centre provided for in Article 31(1) in cooperation with the International Committee for Animal Recording (ICAR).

Performance testing shall follow the rules and standards established by the relevant European Union reference centre provided for in Article 31(1) in cooperation with ICAR.

Amendment    52

Proposal for a regulation

Annex III – Part 1 – Chapter I – Section 2

Text proposed by the Commission

Amendment

Breed societies shall record milk production data according to the rules and standards established by the relevant European Union reference centre provided for in Article 31(1) in cooperation with ICAR.

(Does not affect English version.)

Amendment    53

Proposal for a regulation

Annex III – Part 1 – Chapter I – Section 3 – paragraph 2

Text proposed by the Commission

Amendment

2. The inclusion in the genetic evaluation of temperament, morphological rating data and disease resistance shall only be considered if the data are generated on the basis of a recording system approved by the designated institution as provided for in Article 29(1).

2. The inclusion in the genetic evaluation of temperament, morphological rating data and disease resistance and any other new trait shall only be considered if the data are generated on the basis of a recording system approved by the designated institution as provided for in Article 29(1).

Amendment    54

Proposal for a regulation

Annex III – Part 1 – Chapter II – paragraph 2 – second subparagraph

Text proposed by the Commission

Amendment

The breeding value of a breeding animal shall be calculated on the basis of the results of the performance testing of the individual or of its relatives and the confidence in such a breeding value may be enhanced by the use of genomic information or based on another method validated by the European Union reference centre referred to in Article 31(1).

The breeding value of a breeding animal shall be calculated on the basis of genome-related information and/or the results of the performance testing of the individual and/or of its relatives and/or any other source of information validated by the European Union reference centre referred to in Article 31(1).

Justification

The Commission’s wording could be interpreted as prohibiting the acceptance for breeding of young bulls with no daughters (‘genomic bulls’). It is important to ensure that semen from genomically evaluated bulls may be placed on the market.

Amendment    55

Proposal for a regulation

Annex III – Part 1 – Chapter II – paragraph 3 – first subparagraph

Text proposed by the Commission

Amendment

3. The statistical methods applied in genetic evaluation shall comply with the rules and standards established by the relevant European Union reference centre provided for in Article 31(1) in cooperation with ICAR and guarantee a genetic evaluation unbiased from the influences of the main environmental factors and data structure.

3. Breed societies shall guarantee that there is no bias resulting from the influences of the main environmental factors and data structure. A breed society may approach the relevant European Union reference centre provided for in Article 31(1) if it wishes to ascertain whether its statistical methods for genetic evaluation comply with internationally established and recognised standards and rules. If it is asked for an expert opinion, the European Union reference centre shall treat information supplied by the breed society as confidential.

Justification

The firm obligation laid down in the Commission proposal could stifle innovation in the genetic evaluation field and could lead to confidentiality problems for breed societies that develop innovative statistical methods.

Amendment    56

Proposal for a regulation

Annex III – Part 1 – Chapter II – paragraph 3 – second subparagraph

Text proposed by the Commission

Amendment

The reliability of the genetic evaluation shall be measured as the coefficient of determination in accordance with rules and standards established by the relevant European Union reference centre provided for in Article 31(1) in cooperation with ICAR. When publishing the evaluation results, the reliability as well as the date of evaluation shall be given.

(Does not affect English version.)

Amendment    57

Proposal for a regulation

Annex III – Part 1 – Chapter II – point 5 – first subparagraph

Text proposed by the Commission

Amendment

5. Bulls intended for artificial insemination, with the exception of bulls belonging to breeds threatened with extinction, shall be subjected to a genetic evaluation on compulsory traits as described in point 6 or 7. Those breeding values shall be published by the breed society.

5. Bulls intended for artificial insemination, with the exception of bulls belonging to breeds threatened with extinction, shall be subjected to a genetic evaluation on, as a minimum requirement, compulsory traits as described in point 6a or 7. All of those breeding values shall be published by the breed society.

 

All the other breeding values existing for bulls intended for artificial insemination programmes shall also be published by the breed society.

 

The breeding values existing for bulls intended for natural services, as well as for females, shall also be published by the breed society.

Amendment    58

Proposal for a regulation

Annex III – Part 1 – Chapter II – paragraph 6 – second subparagraph

Text proposed by the Commission

Amendment

The minimum reliability of the genetic evaluation of bulls for artificial insemination of the dairy breeds shall be at least 0,5 for the traits milk yield, butterfat and protein content, according to the rules and standards established by the relevant European Union reference centre provided for in Article 31(1) in cooperation with ICAR for the evaluation of the main production traits, taking into account all information available from progeny and collaterals.

(Does not affect English version.)

Amendment    59

Proposal for a regulation

Annex III – Part 1 – Chapter II – paragraph 6 – third subparagraph

Text proposed by the Commission

Amendment

Genomically evaluated young bulls, without progeny performance records, shall be considered suitable for artificial insemination if their genomic evaluation is validated according to rules and standards established by the relevant European Union reference centre provided for in Article 31(1) in cooperation with ICAR.

(Does not affect English version.)

Amendment    60

Proposal for a regulation

Annex III – Part 1 – Chapter II – paragraph 7 – first subparagraph – point e

Text proposed by the Commission

Amendment

(e) genomic evaluation or any other method, including a combination of these methods, validated in accordance with the rules and standards established by the relevant European Union reference centre provided for in Article 31(1) in cooperation with ICAR.

(Does not affect English version.)

Amendment    61

Proposal for a regulation

Annex III – Part 1 – Chapter II – paragraph 7 – third subparagraph

Text proposed by the Commission

Amendment

The minimum reliability of the genetic evaluation of bulls for artificial insemination of beef breeds shall be at least 0,5 for the traits live weight gain and muscular development (beef conformation) according to the rules and standards established by the relevant European Union reference centre provided for in Article 31(1) in cooperation with ICAR for the evaluation of the main production traits,

(Does not affect English version.)

Amendment    62

Proposal for a regulation

Annex III – Part 1 – Chapter II – paragraph 7 – fourth subparagraph

Text proposed by the Commission

Amendment

Where genomic breeding values are calculated, those values shall be validated for the traits concerned according to the rules and standards established by the relevant European Union reference centre provided for in Article 31(1) in cooperation with ICAR.

(Does not affect English version.)

Amendment    63

Proposal for a regulation

Annex III – Part 3 – Chapter I – paragraph 3 – point a

Text proposed by the Commission

Amendment

(a) the traits recorded in conformity with the principles agreed by the ICAR, such as milk production, milk composition or any other relevant data, shall be stated;

(Does not affect English version.)

Amendment    64

Proposal for a regulation

Annex III – Part 3 – Chapter I – paragraph 3 – point b – point i

Text proposed by the Commission

Amendment

(i) relate to a period of time which conforms to the norm laid down by ICAR for recording productivity of milk animals;

(Does not affect English version.)

Amendment    65

Proposal for a regulation

Annex V – Part 2 – Chapter I – point 1 – point h a (new)

Text proposed by the Commission

Amendment

 

(ha) where applicable, the fact that the animal is a cloned animal;

Justification

Back in 2011, all 3 institutions agreed that traceability was necessary as a basic and easy-to-implement requirement for whatever rules on cloned animals and their descendants would be decided upon later on. Farmers should have the right to know whether the reproductive material they buy is from a cloned animal or descendant thereof. The COM already promised in its 2010 cloning report to establish traceability requirements within the zootechnical legislation.(http://ec.europa.eu/dgs/health_consumer/docs/20101019_report_ec_cloning_en.pdf, p. 14).

Amendment    66

Proposal for a regulation

Annex V – Part 2 – Chapter I – point 1 – point h b (new)

Text proposed by the Commission

Amendment

 

(hb) where applicable, the fact that the animal is a descendant of a cloned animal;

Justification

Back in 2011, all 3 institutions agreed that traceability was necessary as a basic and easy-to-implement requirement for whatever rules on cloned animals and their descendants would be decided upon later on. Farmers should have the right to know whether the reproductive material they buy is from a cloned animal or descendant thereof. The COM already promised in its 2010 cloning report to establish traceability requirements within the zootechnical legislation. (http://ec.europa.eu/dgs/health_consumer/docs/20101019_report_ec_cloning_en.pdf, p. 14.)

Amendment    67

Proposal for a regulation

Annex V – Part 2 – Chapter I – point 1 – point k – introductory part

Text proposed by the Commission

Amendment

(k) the pedigree:

(k) the pedigree as illustrated below, also accompanied by the percentage of the animal’s pedigree purity:

Justification

It is important to sustain principles of transparency and accountability to ensure that the breed’s purity are clear to all stakeholders thus ensuring that the genetic diversity of the breed is preserved.

Amendment    68

Proposal for a regulation

Annex V – Part 3 – Chapter I – paragraph 1 – point h a (new)

Text proposed by the Commission

Amendment

 

(ha) where applicable, the fact that the animal is a cloned animal;

Justification

Back in 2011, all 3 institutions agreed that traceability was necessary as a basic and easy-to-implement requirement for whatever rules on cloned animals and their descendants would be decided upon later on. Farmers should have the right to know whether the reproductive material they buy is from a cloned animal or descendant thereof. The COM already promised in its 2010 cloning report to establish traceability requirements within the zootechnical legislation. (http://ec.europa.eu/dgs/health_consumer/docs/20101019_report_ec_cloning_en.pdf, p. 14).

Amendment    69

Proposal for a regulation

Annex V – Part 3 – Chapter I – paragraph 1 – point h b (new)

Text proposed by the Commission

Amendment

 

(hb) where applicable, the fact that the animal is a descendant of a cloned animal;

Justification

Back in 2011, all 3 institutions agreed that traceability was necessary as a basic and easy-to-implement requirement for whatever rules on cloned animals and their descendants would be decided upon later on. Farmers should have the right to know whether the reproductive material they buy is from a cloned animal or descendant thereof. The COM already promised in its 2010 cloning report to establish traceability requirements within the zootechnical legislation. (http://ec.europa.eu/dgs/health_consumer/docs/20101019_report_ec_cloning_en.pdf, p. 14.)

PROCEDURE

Title

Zootechnical and genealogical conditions for trade in and imports into the Union of breeding animals and their germinal products

References

COM(2014)0005 – C7-0032/2014 – 2014/0032(COD)

Committee responsible

       Date announced in plenary

AGRI

25.2.2014

 

 

 

Opinion by

       Date announced in plenary

ENVI

25.2.2014

Rapporteur

       Date appointed

Michel Dantin

10.7.2014

Discussed in committee

24.11.2014

 

 

 

Date adopted

21.1.2015

 

 

 

Result of final vote

+:

–:

0:

66

0

2

Members present for the final vote

Marco Affronte, Pilar Ayuso, Zoltán Balczó, Catherine Bearder, Ivo Belet, Simona Bonafè, Biljana Borzan, Lynn Boylan, Cristian-Silviu Bușoi, Nessa Childers, Mireille D’Ornano, Miriam Dalli, Jørn Dohrmann, Ian Duncan, Stefan Eck, Bas Eickhout, Eleonora Evi, José Inácio Faria, Karl-Heinz Florenz, Francesc Gambús, Iratxe García Pérez, Elisabetta Gardini, Enrico Gasbarra, Gerben-Jan Gerbrandy, Jens Gieseke, Julie Girling, Matthias Groote, Françoise Grossetête, Andrzej Grzyb, Jytte Guteland, Esther Herranz García, György Hölvényi, Anneli Jäätteenmäki, Jean-François Jalkh, Benedek Jávor, Josu Juaristi Abaunz, Karin Kadenbach, Kateřina Konečná, Giovanni La Via, Peter Liese, Norbert Lins, Valentinas Mazuronis, Gesine Meissner, Susanne Melior, Miroslav Mikolášik, Massimo Paolucci, Gilles Pargneaux, Piernicola Pedicini, Bolesław G. Piecha, Pavel Poc, Marcus Pretzell, Michèle Rivasi, Teresa Rodriguez-Rubio, Daciana Octavia Sârbu, Annie Schreijer-Pierik, Davor Škrlec, Renate Sommer, Dubravka Šuica, Tibor Szanyi, Claudiu Ciprian Tănăsescu, Nils Torvalds, Glenis Willmott, Jadwiga Wiśniewska

Substitutes present for the final vote

Nicola Caputo, Michel Dantin, Esther Herranz García, James Nicholson, Alojz Peterle, Bart Staes

PROCEDURE – COMMITTEE RESPONSIBLE

Title

Zootechnical and genealogical conditions for trade in and imports into the Union of breeding animals and their germinal products

References

COM(2014)0005 – C7-0032/2014 – 2014/0032(COD)

Date submitted to Parliament

11.2.2014

 

 

 

Committee responsible

       Date announced in plenary

AGRI

25.2.2014

 

 

 

Committees asked for opinions

       Date announced in plenary

ENVI

25.2.2014

 

 

 

Rapporteurs

       Date appointed

Michel Dantin

3.9.2014

 

 

 

Discussed in committee

3.9.2014

 

 

 

Date adopted

5.10.2015

 

 

 

Result of final vote

+:

–:

0:

40

3

1

Members present for the final vote

John Stuart Agnew, Clara Eugenia Aguilera García, Eric Andrieu, Richard Ashworth, José Bové, Paul Brannen, Daniel Buda, Nicola Caputo, Matt Carthy, Viorica Dăncilă, Michel Dantin, Paolo De Castro, Albert Deß, Diane Dodds, Edouard Ferrand, Luke Ming Flanagan, Beata Gosiewska, Martin Häusling, Anja Hazekamp, Esther Herranz García, Jan Huitema, Peter Jahr, Jarosław Kalinowski, Elisabeth Köstinger, Zbigniew Kuźmiuk, Philippe Loiseau, Mairead McGuinness, Nuno Melo, Giulia Moi, Ulrike Müller, James Nicholson, Maria Noichl, Marijana Petir, Laurenţiu Rebega, Jens Rohde, Bronis Ropė, Jasenko Selimovic, Lidia Senra Rodríguez, Czesław Adam Siekierski, Marc Tarabella, Janusz Wojciechowski, Marco Zullo

Substitutes present for the final vote

Franc Bogovič, Rosa D’Amato, Angélique Delahaye, Georgios Epitideios, Fredrick Federley, Maria Heubuch, Norbert Lins, Momchil Nekov, Sofia Ribeiro, Hannu Takkula

Date tabled

12.10.2015

FINAL VOTE BY ROLL CALL IN COMMITTEE RESPONSIBLE

38

+

ALDE

Fredrick Federley, Jan Huitema, Ulrike Müller, Jasenko Selimovic

ECR

Richard Ashworth, Beata Gosiewska, Zbigniew Kuźmiuk, James Nicholson, Janusz Wojciechowski

ENF

Edouard Ferrand, Philippe Loiseau, Laurenţiu Rebega

NI

Diane Dodds

PPE

Daniel Buda, Michel Dantin, Angélique Delahaye, Albert Deß, Esther Herranz García, Peter Jahr, Jarosław Kalinowski, Elisabeth Köstinger, Norbert Lins, Mairead McGuinness, Nuno Melo, Marijana Petir, Czesław Adam Siekierski

S & D

Clara Eugenia Aguilera García, Eric Andrieu, Paul Brannen, Nicola Caputo, Paolo De Castro, Viorica Dăncilă, Maria Noichl, Marc Tarabella

VERTS/ALE

José Bové, Maria Heubuch, Martin Häusling, Bronis Ropė

3

-

EFDD

John Stuart Agnew

GUE/NGL

Anja Hazekamp, Lidia Senra Rodríguez

3

0

EFDD

Giulia Moi, Marco Zullo, Luke Ming Flanagan

Key to symbols:

+  :  in favour

-  :  against

0  :  abstention

(1)

  OJ C 226, 16.7.2014, p. 70.

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