CHAPTER IIRecognition of breed societies and breeding operations in Member States and approval of breeding programmes
Section 2Approval of breeding programmes
Article 8Approval of breeding programmes carried out by breed societies and breeding operations
1
A breed society or a breeding operation shall submit applications for approval of its breeding programmes to the competent authority which has recognised that breed society or breeding operation in accordance with Article 4(3).
2
The applications referred to in paragraph 1 shall be in writing, either on paper or in electronic form.
3
The competent authority referred to in paragraph 1 shall evaluate those breeding programmes and approve them provided that:
a
they have one or more of the following aims:
- (i)
in the case of purebred breeding animals:
the improvement of the breed,
the preservation of the breed,
the creation of a new breed,
the reconstruction of a breed;
- (ii)
in the case of hybrid breeding pigs:
the improvement of the breed, line or cross,
the creation of a new breed, line or cross;
b
they describe in detail the selection and breeding objectives;
c
they comply with the requirements set out in Part 2 of Annex I, and in addition in the case of purebred breeding animals of the equine species, in Part 3 of Annex I.
4
Breed societies or breeding operations may outsource to a third party specific technical activities related to the management of their breeding programmes, including performance testing and genetic evaluation, provided that:
a
the breed societies and breeding operations remain responsible to the competent authority for ensuring compliance with the requirements provided for in 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;
c
that third party fulfils all the necessary requirements to carry out those activities;
d
those breed societies and breeding operations specify the activities which they intend to outsource and the name and contact details of those third parties in their applications referred to in paragraph 2.
5
Where, for at least 24 months, there are no breeders which have their holdings, on which they keep their breeding animals, located on a given part of the geographical territory that are participating in a breeding programme approved in accordance with paragraph 3, the competent authority referred to in paragraph 1 may require the breed society or breeding operation concerned to adjust the geographical territory of its breeding programme so as not to include that given part.
Article 9Changes to an approved breeding programme
1
Prior to the implementation of any significant changes relating to the requirements referred to in Article 8(3) in its breeding programme approved in accordance with that provision, a breed society or breeding operation shall notify those changes to the competent authority which has recognised that breed society or breeding operation in accordance with Article 4(3).
2
The notification shall be in writing, either on paper or in electronic form.
3
Unless that competent authority indicates otherwise within a period of 90 days from the date of notification, those changes shall be considered to have been approved.
4
Breed societies and breeding operations shall inform in a transparent and timely manner the breeders participating in their breeding programmes of the changes in their breeding programme that have been approved in accordance with paragraph 3.
Article 10Derogations from Article 8(3) concerning the approval of breeding programmes
1
By way of derogation from Article 8(3), the competent authority which has recognised a breed society in accordance with Article 4(3) may refuse to approve a breeding programme of that breed society that complies with the requirements set out in Part 2 of Annex I, and additionally in the case of purebred breeding animals of the equine species, in Part 3 of Annex I, on the grounds that that breeding programme would compromise the breeding programme carried out by another breed society for the same breed which has already been approved in that Member State as regards at least one of the following:
a
the essential traits of the breed characteristics or the main objectives of that breeding programme;
b
the preservation of that breed or of the genetic diversity within that breed; or
c
where the aim of that breeding programme is the preservation of that breed, the effective implementation of that breeding programme:
- (i)
in the case of an endangered breed; or
- (ii)
in the case of an autochthonous breed which is not commonly found in one or more of the territories of the Union.
2
For the purpose of paragraph 1, the competent authority shall take due account of the following:
a
the number of breeding programmes already approved for that breed in that Member State;
b
the size of the breeding populations covered by those breeding programmes;
c
the possible genetic input from breeding programmes carried out by other breed societies for the same breed in other Member States or by breeding bodies in third countries.
Article 11Refusal of the approval of breeding programmes
Where the competent authority which has recognised a breed society or breeding operation in accordance with Article 4(3) refuses to approve a breeding programme submitted by such breed society or breeding operation in accordance with Article 8(1) or refuses to approve changes to a breeding programme notified in accordance with Article 9(1), it shall provide that breed society or breeding operation with a reasoned explanation for its refusal.
Article 12Notification and approval of breeding programmes carried out in Member States other than the Member State in which the breed society or breeding operation is recognised
1
Where a breed society or a breeding operation intends to carry out a breeding programme approved in accordance with Article 8(3) also on breeding animals kept in a Member State other than the Member State where that breed society or breeding operation is recognised in accordance with Article 4(3) (for the purpose of this Article, ‘that other Member State’), that breed society or breeding operation shall notify the intended extension of its geographical territory to the competent authority which has recognised that breed society or breeding operation in accordance with Article 4(3).
2
The competent authority which has recognised that breed society or breeding operation in accordance with Article 4(3) shall:
a
notify the competent authority of that other Member State at least 90 days before the intended commencement date of the breeding programme in that other Member State, and, at the request of the notified authority, provide a translation of that notification in one of the official languages of that other Member State;
b
at the request of the notified authority, provide, at least 60 days before the intended commencement date of the breeding programme in that other Member State, a copy of the breeding programme as approved in accordance with Article 8(3) accompanied, if requested by that authority, by a translation into one of the official languages of that other Member State which shall be provided by the applying breed society or breeding operation.
3
The competent authority of that other Member State may, within 90 days from the date of receipt of the notification referred to in point (a) of paragraph 2, refuse to approve the carrying out on its territory of the breeding programme, where:
a
an approved breeding programme is already being carried out in that other Member State on purebred breeding animals of the same breed; and
b
the approval of a further breeding programme would compromise the breeding programme carried out by another breed society for the same breed which has already been approved in that other Member State as regards at least one of the following:
- (i)
the essential traits of the breed characteristics or the main objectives of that breeding programme;
- (ii)
the preservation of that breed or of the genetic diversity within that breed;
- (iii)
where the aim of that breeding programme is the preservation of that breed, the effective implementation of that breeding programme:
in the case of an endangered breed, or
in the case of an autochthonous breed which is not commonly found in one or more of the territories of the Union.
4
The competent authority of that other Member State shall inform the competent authority which has recognised the breed society or breeding operation in accordance with Article 4(3) about the result of the notification provided for in paragraph 1 of this Article and, where it refuses the approval for the carrying out on its territory of the breeding programme, shall provide a reasoned explanation for its refusal.
5
Failure by the competent authority of that other Member State to reply to the notification referred to in point (a) of paragraph 2 within 90 days from the date of receipt of that notification shall constitute approval.
6
The competent authority which has recognised the breed society or breeding operation in accordance with Article 4(3) shall inform the breed society or breeding operation of the result of the notification provided for in point (a) of paragraph 2 of this Article without undue delay and, in the case of refusal, shall provide that breed society or breeding operation with the reasoned explanation for that refusal referred to in paragraph 4 of this Article.
7
Where the competent authority of that other Member State refuses the approval in accordance with paragraph 3, it shall inform the Commission of its refusal together with a statement of reasons for that refusal.
8
Where the competent authority of that other Member State refuses the approval in accordance with paragraph 3 of this Article and the breed society or breeding operation which intends to carry out that breeding programme in that other Member State requests reconsideration of that refusal, the competent authority of that other Member State and the competent authority which has recognised the breed society or breeding operation in accordance with Article 4(3) shall cooperate with each other with regard to that request for reconsideration.
9
The competent authority which has recognised the breed society or breeding operation in accordance with Article 4(3) shall inform the competent authority of that other Member State of the changes in breeding programmes approved in accordance with Article 9(3).
10
At the request of the competent authority of that other Member State, the breed society or breeding operation operating in accordance with this Article on the territory of that other Member State shall provide up-to-date information to that competent authority in particular with regard to the number of breeders and breeding animals on which the breeding programme is carried out on that territory. Any such request shall be made in the same manner as requests to the breed societies or breeding operations recognised in that other Member State.
11
The competent authority of that other Member State may withdraw the approval of the breeding programme provided for in this Article, where, for at least 12 months, no breeder on the territory of that other Member State participates in that breeding programme.