Legal provisions of COM(2013)892 - Cloning of animals of the bovine, porcine, ovine, caprine and equine species kept and reproduced for farming purposes

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dossier COM(2013)892 - Cloning of animals of the bovine, porcine, ovine, caprine and equine species kept and reproduced for farming purposes.
document COM(2013)892 EN
date December 18, 2013

Contents

Article 1 - Subject matter and scope

This Directive lays down rules on:

(a)          the cloning of animals in the Union;

(b)          the placing on the market of embryo clones and animal clones.

It shall apply to animals of the bovine, porcine, ovine, caprine and equine species ('the animals') kept and reproduced for farming purposes.

Article 2 - Definitions

For the purposes of this Directive, the following definitions shall apply:

(a)          animals 'kept and reproduced for farming purposes' means animals kept and reproduced for the production of food, wool, skin or fur or for other farming purposes. It shall not include animals kept and reproduced exclusively for other purposes such as research, the production of medicinal products and medical devices, the preservation of rare breeds or endangered species, sporting and cultural events;

(b)          'cloning' means asexual reproduction of animals with a technique whereby the nucleus of a cell of an individual animal is transferred into an oocyte from which the nucleus has been removed to create genetically identical individual embryos ("embryo clones"), that can subsequently be implanted into surrogate mothers in order to produce populations of genetically identical animals ("animal clone");

(c)          'placing on the market' means the first making available of an animal or a product on the internal market.

Article 3 - Provisional prohibition

Member States shall provisionally prohibit:

(a)          the cloning of animals;

(b)          the placing on the market of animal clones and embryo clones.

Article 4 - Penalties

Member States shall lay down the rules on penalties applicable to infringements of the national provisions adopted pursuant to this Directive and shall take all measures necessary to ensure that they are implemented. The penalties provided for must be effective, proportionate and dissuasive. Member States shall notify those provisions to the Commission by [date for transposition of the Directive] at the latest and shall notify it without delay of any subsequent amendment affecting them.’

Article 5 - Reporting and Review

1. By [date = 5 years after the date of transposition of this Directive], the Member States shall report to the Commission on the experience gained by them on the application of this Directive.

2. The Commission shall present a report to the European Parliament and the Council on the application of this Directive taking into account:

(a)     the reports submitted by Member States in accordance with paragraph 1;

(b)     scientific and technical progress, in particular relating to the animal welfare aspects of cloning;

(c)     international developments.

Article 6 - Transposition

1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by [date = 12 month after the date of transposition of this Directive]. They shall forthwith communicate to the Commission the text of those provisions.

When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.

2. Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.

Article 7 - Entering into force

This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

Article 8 - Addressees

This Directive is addressed to the Member States.