Key Benefits:
Decision of 8 August 1994 laying down detailed rules for the rearing of livestock and other animal species
We Beatrix, at the grace of God, Queen of the Netherlands, Princess of Orange-Nassau, etc. etc. etc.
On the nomination of the Secretary of State for Agriculture, Nature Management and Fisheries of 1 February 1994, No. J. 941220, Directorate-General for Legal and Business Organisational Affairs;
Having regard to Directive No 77 /504/EEC -of the Council of the European Communities of 25 July 1977 on pure-bred breeding animals of the bovine species ( PbEG L 206), Directive No 87 /328/EEC of the Council of the European Communities of 18 June 1987 on the admission of pure-bred breeding animals of the bovine species to breeding ( PbEG L 167), Directive No 88 /661/EEC -of the Council of the European Communities of 19 December 1988 on zootechnical standards applicable to breeding pigs ( PbEG L 382), Directive No 89 /361/EEC -of the Council of the European Communities of 30 May 1989 concerning pure-bred breeding sheep and goats ( PbEG L 153), Directive No 90 /118/EEC of the Council of the European Communities of 5 March 1990 on the acceptance of pure-bred breeding pigs for breeding ( PbEG L 71), Directive No 90 /119/EEC of the Council of the European Communities of 5 March 1990 on the admission of hybrid breeding pigs to breeding ( PbEG L 71), Directive No 90 /427/EEC -of the Council of the European Communities of 26 June 1990 on the zootechnical and genealogical conditions governing intra-Community trade in equidae ( PbEG L 224), Directive No 91 /174/EEC of the Council of the European Communities of 25 March 1991 on zootechnical and genealogical rules governing the trade in purebree animals and amending the Directives 77 /504/EEC and 90 /425/EEC ( PbEG L 85), Directive No 94 /28/EC of the Council of the European Union of 23 June 1994 laying down the principles governing the zootechnical and genealogical conditions applicable to imports from third countries of animals, their semen, ova and embryos and amending them Directive 77 /504/EEC on pure-bred breeding animals of the bovine PbEG L 178) and the European Community legislation based on the above directives and on the Articles 76 , first paragraph, 108 , 111 and 130, 1st paragraph, of the Health and Welfare Act for animals ;
Having regard to the opinion of the Council on Animal Affairs and the Opinion of the Agricultural Committee;
The Council of State heard (opinion of 11 July 1994, no. W11.94.0060);
Having regard to the further report of Our Minister of Agriculture, Nature Management and Fisheries of 27 July 1994, No. J. 9412185, Directorate-General for Legal and Business Organisational Affairs;
Have found good and understand:
For the purposes of this Decision and the provisions based thereon, the following definitions shall apply:
| Directive No 87 /328/EEC of the Council of the European Communities of 18 June 1987 on the admission of pure-bred breeding animals of the bovine species to reproduction (PbEG L 167); |
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| Directive No 88 /661/EEC to the Council of the European Communities of 19 December 1988 on the zootechnical standards applicable to breeding pigs (PbEG L 382); |
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| Directive No 89 /361/EEC of the Council of the European Communities of 30 May 1989 concerning pure-bred breeding sheep and goats (PbEG L 153); |
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| Directive No 90 /118/EEC of the Council of the European Communities of 5 March 1990 on the acceptance of pure-bred breeding pigs for breeding (PbEG L 71); |
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| Directive No 90 /119/EEC of the Council of the European Communities of 5 March 1990 on the admission of hybrid breeding pigs to breeding (PbEG L 71); |
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| Directive 90 /427/EEC of the Council of the European Communities of 26 June 1990 on the zootechnical and genealogical conditions governing intra-Community trade in equidae (PbEG L 224); |
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| Directive No 91 /174/EEC of the Council of the European Communities of 25 March 1991 on zootechnical and genealogical rules governing the trade in purebree animals and amending the Directives 77 /504/EEC and 90 /425/EEC (PbEG L 85); |
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| Directive No 94 /28/EC of the Council of the European Union of 23 June 1994 laying down the principles governing the zootechnical and genealogical conditions applicable to imports from third countries of animals, their semen, ova and embryos and amending them Directive 77 /504/EEC on pure-bred breeding animals of the bovine species (PbEG L 178); |
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| Directive 2009 /157/EC: |
Council Directive 2009 /157/EC of 30 November 2009 concerning pure-bred breeding animals of the bovine species (PbEU 2009, L 323); |
| Regulation (EC) 999/2001: |
Regulation (EC) No 999/2001 of the European Parliament and of the Council of the European Union of 22 May 2001 laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies (PbEG 2001, L 147); |
| Decision 89 /507/EEC: |
Commission Decision 89 /507/EEC of 18 July 1989 laying down methods of performance testing and determining the breeding value of pure-bred and hybrid breeding pigs (PbEG 1989, L 247); |
| Decision 90 /256/EEC: |
Commission Decision 90 /256/EEC of 10 May 1990 laying down methods of performance review and assessment of the genetic value of pure-bred breeding sheep and goats (PbEG 1990, L 145); |
| Decision 2006 /427/EC: |
Commission Decision 2006 /427/EC of 20 June 2006 laying down methods of performance review and methods for the assessment of the genetic value of pure-bred breeding animals of the bovine species (PbEU 2006, L 169); |
| Equidae: |
domestic horses, asses or cross-breeds thereof; |
| third country: |
country which is not a Member State of the European Union; |
| Raspure: |
entered:-a herd-book as referred to in Article 1 of Directive 2009 /157/EC, Article 1 Of Directive 88 /661/EEC , Article 2 of Directive 89 /361/EEC or Article 2 of Directive 90 /427/EEC -a herd book or a register as intended Article 1 Of Directive 91 /174/EEC , or-a pedigree or register as intended Article 4 , first indent, of Directive 94 /28/EC , or, as long as the list is intended to be Article 3, first paragraph , from Directive 94 /28/EC has not yet been established, in a herd-book or register in a third country; |
| Hybrid: |
entered:-a register as referred to in Article 1 of Directive 88 /661/EEC . |
1 In respect of bovine animals, buffaloes, swine, sheep, goats and equidae, the registration of animals in a herd-book or register, the establishment of certificates issued for animals so registered and their semen, ova and eggs and embryos, performance research and assessment of the genetic values of the animals in accordance with the rules applicable to them under Article 7, first paragraph , have been set and
(a) for bovine animals and buffaloes, as provided for in Article 3 of Directive 2009 /157/EC and by Regulation of the European Community pursuant to Article 6 of that Directive;
b. for pigs: Article 4 of Directive 88 /661/EEC and regulations of the European Community pursuant to Articles 6 and 10 of that Directive;
(c) ovine and caprine animals: in the case of European Community legislation pursuant to Article 4 of the EEC Treaty: Directive 89 /361/EEC set up;
d. for equidae: in Article 6 of the Directive 90 /427/EEC and regulations of the European Community pursuant to Article 4, second paragraph, and 7 of that Directive.
2 Our Minister makes communication in the Official Gazette of the regulations of the European Community referred to in paragraph 1, including the date of entry into force of those rules.
1 Our Minister acknowledges on request an organisation as referred to in Article 1 (b) (i) of Directive 2009 /157/EC, Article 1, part c, first indent, and part d, first indent, of Directive 88 /661/EEC, Article 2, part b, First indent, of Directive 89 /361/EEC or Article 2 (c), first indent, of Directive 90 /427/EEC, where the following conditions are satisfied:
(a) for bovine and buffalo: in the case of legislation of the European Community pursuant to Article 6 of Directive 2009 /157/EC;
(b) for pigs: in the case of Community legislation under Articles 6 and 10 of the EEC Treaty; Directive 88 /661/EEC set up;
(c) ovine and caprine animals: in the case of European Community legislation pursuant to Article 4 of the EEC Treaty: Directive 89 /361/EEC set up;
d. for equidae: by Regulation of the European Community pursuant to Article 4 of the EEC Treaty; Directive 90 /427/EEC have been set.
2 Our Minister, on request, recognises an organisation for the regulation of performance research as referred to in Decision 2006 /427/EC, Decision 90 /256/EEC or Decision 89 /507/EEC.
3 Our Minister recognises on request an organisation for the regulation of breeding value estimates and the publication of the estimated values referred to in Decision 2006 /427/EC, Decision 90 /256/EEC or Decision 89 /507/EEC.
4 A recognition referred to in the second and third paragraphs shall be granted if the fulfilment of the provisions of the second and third paragraphs is fulfilled; Article 7, first paragraph , set conditions.
5 Our Minister makes communication in the Official Gazette of the regulations of the European Community referred to in paragraph 1, including the date of entry into force of those rules.
1 A recognition as intended Article 3, first, second and third paragraphs , is not granted if it is not ensured that the organisation concerned Article 2, first paragraph , and Article 6, first paragraph -I'll take care of it.
2 Our Minister shall withdraw approval if:
a. An organisation no longer complies with the terms of approval;
b. an organization the in Article 2, first paragraph or Article 6, first paragraph , do not comply with the rules.
1 A following Article 3, first, second or third paragraphs recognised organisation shall report to our Minister annually before 1 June on the activities for which recognition has been granted.
2 The reporting referred to in paragraph 1 shall be drawn up using a form drawn up by Our Minister.
3 An organisation referred to in paragraph 1 shall report circumstances which result in no longer complying with the relevant conditions of approval or in sufficient guarantees that the conditions of qualification of the Article 2, first paragraph , or Article 6, first paragraph These regulations shall be complied with, as soon as possible to our Minister.
One due to Article 3, first paragraph , recognised organisation shall obtain a tender which does not comply with the rules applicable to or under Article 2, first paragraph , or Article 6, first paragraph , have been identified.
The entry in a herd-book or register shall be subject to compliance with the provisions concerning the acceptance of pure-bred bovine, buffalo, porcine, ovine, caprine and equine-origin, hybrid pigs until reproduction Prescribed under Article 7, first paragraph , and
a. for bovine animals and buffaloes: in Article 3 of Directive 87 /328/EEC ;
b. for pigs: in Article 2 of Directive 90 /118/EEC and in Article 1 of Directive 90 /119/EEC ;
(c) ovine and caprine animals: in the case of European Community legislation pursuant to Article 4 of the EEC Treaty: Directive 89 /361/EEC ;
d. for equidae: by legislation of the European Community under Article 7 of the EEC Treaty; Directive 90 /427/EEC .
2 Our Minister makes communication in the Official Gazette of the regulations of the European Community referred to in paragraph 1, including the date of entry into force of those rules.
1 For the purposes of the implementation of the Articles 2 and 6 The directives mentioned and the decisions taken by the European Union under those directives may be laid down in a ministerial arrangement.
2 In connection with the implementation of Directive 91 /174/EEC may by ministerial arrangement with respect to other than the Article 2, first paragraph The rules on the recognition of breeders ' organisations, registration or registration in registers or herd-books, the acceptance of variety animals to breeding, the use of semen, ova and embryos of animals of the bovine species, shall be set out. trade in pureblight animals and their semen, ova and embryos, including the certificate required.
3 The rules referred to in paragraphs 1 and 2 may also relate to the procedure for the recognition, withdrawal of a recognition and the cancellation of a registration in a herd-book or register.
1 It is prohibited to bring purebred animals and hybrid pigs as such from a third country into the Netherlands, if the provisions of Article 4 of this Regulation are not fulfilled. Directive 94 /28/EC and, where appropriate, the zootechnical or genealogical rules referred to in Article 8 of this Regulation, adopted by the European Commission; Directive 94 /28/EC .
2 It is prohibited to bring semen, ova and embryos of pure-bred animals, or hybrid pigs as such from a third country into the Netherlands, if they are not complied with in Articles 5, 6 or 7 of this Article. Directive 94 /28/EC and, where appropriate, the zootechnical or genealogical rules referred to in Article 8 of this Regulation, adopted by the European Commission; Directive 94 /28/EC .
3 As long as the requirements for the release of purebred animals, hybrid swine and their semen, ova or embryos from a third country into the territory of the European Community are not yet fully Directive 94 /28/EC have been established, it shall be prohibited to bring purebred animals, hybrid pigs and their semen, ova or embryos into the Netherlands if:
(a) in so far as pure-bred animals or hybrid pigs are intended for the Netherlands, they are not accompanied by a certificate indicating that the animals are entered in a herd-book or register in the third country of dispatch; and of a document showing that the animals are in a herd-book or register in the Netherlands or are to be registered;
(b) in so far as the semen, ova or embryos of pure-bred animals or hybrid pigs are intended for the Netherlands, they must not be accompanied by a certificate proving that these products come from pure-bred animals or hybrid animals pigs entered in a herd-book or register in the third country of dispatch;
(c) in so far as pure-bred animals or hybrid pigs are concerned, their semen, ova or embryos destined for a Member State are not accompanied by a certificate proving that the animals or products comply with the conditions laid down in Article 3 (2) of the EEC Treaty; the zootechnical or genealogical conditions of the Member State of destination.
4 It is prohibited to bring semen of animals, not pure purebred animals and hybrid swine intended for one Member State, to the Netherlands from a third country if the zootechnical or genealogical conditions of the zootechnical or genealogical conditions of a Member State are not complied with. the Member State of destination.
1 It is prohibited to transfer pure-bred equidae from one Member State to the Netherlands or to the territory of another Member State from one Member State to another if they are not accompanied during the transport by a Member State which is not accompanied by a document referred to in Article 8 (1) of Directive 90 /427/EEC and complies with the provision referred to above.
2 The first paragraph shall apply mutatis mutandis to semen, ova and embryos of pure-bred equidae, except that a document referred to in Article 8 (2) of this Regulation shall apply mutatis mutandis. Directive 90 /427/EEC , there must be a presence.
3 It is prohibited to bring purebred bovine animals and buffaloes, purebred pigs, sheep and goats, hybrid pigs and their semen, ova and embryos outside the Netherlands to or across the territory of another Member State without that they are accompanied by their pedigree certificates, where the presence of such documents is prescribed by the Member State in question in connection with their transport to or through the territory of that Member State.
4 In the case of a ministerial arrangement, it may be prohibited to bring purebred bovine animals and buffaloes, purebred pigs, sheep and goats, hybrid pigs, their semen, ova and embryos into the Netherlands as such from a Member State, if they are not accompanied by their pedigree certificates.
Detailed rules may be laid down in the case of ministerial arrangements for the implementation of the aid to and under the conditions of Articles 8 and 9 Some.
1 Recognitions granted under Article 3, first paragraph, subparagraph a, of the Regulation recognition conditions for pedigal, performance and breeding valuation (PVV) 2010 shall be considered as approvals referred to in Article 3 (1) of the Regulation. Article 3, first paragraph .
2 Approvals granted under Article 3 (b) of the Regulation for the recognition of herd-books, performance and breeding valuation (PVV) 2010 shall be regarded as recognition of the following: Article 3, second paragraph .
3 Approvals granted under Article 3, first paragraph, part c, of the Regulation approval conditions for pedigal, performance and breeding valuation (PVV) 2010 shall be considered as recognitions intended Article 3, third paragraph .
1 A change of one or more parts of the in Article 1 those Directives shall enter into force for the purposes of the Articles of this Decision, which shall refer to those parts, from the date on which the relevant amending Directive is to be implemented at the latest, except where Ministerial order, that in the Official Gazette shall be published, an earlier date or another from the date of adoption of that Directive.
2 A change in one or more elements of the European Community implementing legislation based on the directives referred to in paragraph 1 shall apply to the application of the Articles of this Decision, in which those parts are to be referred, in effect, from the day on which the relevant amending regulation has to be implemented.
3 Our Minister is acting from a amending directive or change legislation as referred to in the previous paragraphs, communication in the Official Gazette , including the date of entry into force of those rules.
Ministerial arrangements may be implemented pursuant to Article 6a of Regulation (EC) No 238/62. The rules on the rearing of ovine animals for resistance to transmissible spongiform encephalopathies are laid down in the Regulation.
Articles 76 and 129, part A , from the Animal health and welfare law as well as this Decision shall enter into force from the day following the date of issue of the State Sheet where it is placed.
This Decision is cited as: 'Fokkerijdecision'.
Burden and order that this Decision, together with the accompanying note of explanatory note to the State Sheet will be placed.
' s-Gravenhage, 8 August 1994
Beatrix
The Minister for Agriculture, Nature Management and Fisheries,
P. Bukman
Published the twenty-ninth September 1994The Minister of Justice,
W. Sorgdrager
