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( 1 ) OJ NO C 289 , 2 . 12 . 1978 , P . 6 .

( 2 ) OPINION DELIVERED ON 19 JANUARY 1979 ( NOT YET PUBLISHED IN THE OFFICIAL JOURNAL ).

( 3 ) OPINION DELIVERED ON 19 DECEMBER 1978 ( NOT YET PUBLISHED IN THE OFFICIAL JOURNAL ).

( 4 ) OJ NO L 145 , 13 . 6 . 1977 , P . 44 .

( 5 ) OJ NO L 15 , 19 . 1 . 1978 , P . 34 .

COUNCIL DIRECTIVE

OF 24 JANUARY 1979

AUTHORIZING THE ITALIAN REPUBLIC TO POSTPONE THE NOTIFICATION AND IMPLEMENTATION OF ITS NATIONAL PLANS FOR THE ACCELERATED ERADICATION OF BRUCELLOSIS AND TUBERCULOSIS IN CATTLE

( 79/110/EEC )

THE COUNCIL OF THE EUROPEAN

COMMUNITIES ,

HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY , AND IN PARTICULAR ARTICLES 43 AND 100 THEREOF ,

HAVING REGARD TO THE PROPOSAL FROM THE COMMISSION ( 1 ),

HAVING REGARD TO THE OPINION OF THE EUROPEAN PARLIAMENT ( 2 ),

HAVING REGARD TO THE OPINION OF THE ECONOMIC AND SOCIAL COMMITTEE ( 3 ),

WHEREAS ARTICLES 2 AND 3 OF COUNCIL DIRECTIVE 77/391/EEC OF 17 MAY 1977 INTRODUCING COMMUNITY MEASURES FOR THE ERADICATION OF BRUCELLOSIS , TUBERCULOSIS AND LEUCOSIS IN CATTLE ( 4 ), PROVIDE THAT MEMBER STATES IN WHICH CATTLE ARE INFECTED WITH BRUCELLOSIS OR TUBERCULOSIS ARE TO DRAW UP NATIONAL PLANS FOR ACCELERATING THE ERADICATION OF THESE DISEASES ; WHEREAS ARTICLE 9 ( 1 ) OF THAT DIRECTIVE STIPULATES THAT MEMBER STATES ARE TO FORWARD THESE PLANS TO THE COMMISSION PRIOR TO THEIR IMPLEMENTATION AND NOT LATER THAN 31 MARCH 1978 ;

WHEREAS , HOWEVER , THE ITALIAN REPUBLIC HAS OFFICIALLY INFORMED THE COMMISSION THAT IT IS ENCOUNTERING CONSIDERABLE DIFFICULTIES IN DRAWING UP ITS NATIONAL ERADICATION PLANS , AND IS THEREFORE BEHIND SCHEDULE ;

WHEREAS IT IS DESIRABLE AND IN ACCORDANCE WITH THE AIMS OF THE ABOVEMENTIONED DIRECTIVE THAT THE TIME ALLOWED FOR THE PREPARATION OF NATIONAL ERADICATION PLANS BY THE ITALIAN REPUBLIC , AND FOR THEIR COMMUNICATION TO THE COMMISSION , SHOULD BE SUCH AS TO ENSURE EFFECTIVE IMPLEMENTATION ;

WHEREAS ARTICLE 29 ( 2 ) AND ( 3 ) OF DIRECTIVE 78/52/EEC ( 5 ) STIPULATES THAT THE THREE-YEAR PERIOD OF EXECUTION , PROVIDED FOR IN ARTICLE 6 ( 1 ) OF DIRECTIVE 77/391/EEC FOR IMPLEMENTATION OF NATIONAL PLANS FOR ERADICATION OF BRUCELLOSIS AND TUBERCULOSIS , IS TO BEGIN NOT LATER THAN 31 DECEMBER 1978 AND IS TO BE RESTRICTED TO SLAUGHTERINGS CARRIED OUT BEFORE 1 JANUARY 1982 ;

WHEREAS , IF THE DEADLINE FOR NOTIFYING THE ERADICATION PLANS SUBMITTED BY THE ITALIAN REPUBLIC IS EXTENDED , THEN , TO ENSURE FULL EFFECTIVENESS OF THE MEASURES , THE DEADLINE FOR THE ENTRY INTO FORCE OF THESE PLANS AND THE DATE UNTIL WHICH SLAUGHTERINGS CARRIED OUT MAY RECEIVE COMMUNITY FINANCE SHOULD BE EXTENDED BY A MAXIMUM OF ONE YEAR ,

HAS ADOPTED THIS DIRECTIVE :

ARTICLE 1

BY WAY OF DEROGATION FROM ARTICLE 9 ( 1 ) OF DIRECTIVE 77/391/EEC , THE ITALIAN REPUBLIC SHALL FORWARD TO THE COMMISSION THE PLANS PROVIDED FOR IN ARTICLES 2 AND 3 OF THAT REGULATION PRIOR TO THEIR IMPLEMENTATION AND NOT LATER THAN 31 MARCH 1979 .

ARTICLE 2

1 . BY WAY OF DEROGATION FROM ARTICLE 29 ( 2 ) OF DIRECTIVE 78/52/EEC , THE ITALIAN REPUBLIC SHALL BRING INTO FORCE THE LAWS , REGULATIONS AND ADMINISTRATIVE PROVISIONS NECESSARY FOR IMPLEMENTATION OF THE NATIONAL PLANS FOR ACCELERATED ERADICATION , ADOPTED IN ACCORDANCE WITH ARTICLE 9 ( 2 ) OF DIRECTIVE 77/391/EEC , ON THE DATE LAID DOWN BY THE COMMISSION IN ITS DECISION APPROVING THE PLANS AND NOT LATER THAN 31 DECEMBER 1979 .

2 . BY WAY OF DEROGATION FROM ARTICLE 29 ( 3 ) OF DIRECTIVE 78/52/EEC , THE THREE-YEAR PERIOD OF EXECUTION PROVIDED FOR IN ARTICLE 6 ( 1 ) OF DIRECTIVE 77/391/EEC SHALL RUN , FOR THE ITALIAN REPUBLIC , FROM THE DATE LAID DOWN BY THE COMMISSION PURSUANT TO PARAGRAPH 1 . HOWEVER , COMMUNITY FINANCE SHALL IN ALL CASES BE RESTRICTED TO SLAUGHTERINGS CARRIED OUT BEFORE 1 JANUARY 1983 .

ARTICLE 3

THIS DIRECTIVE IS ADDRESSED TO THE ITALIAN REPUBLIC .

DONE AT BRUSSELS , 24 JANUARY 1979 .

FOR THE COUNCIL

THE PRESIDENT

J . FRANCOIS-PONCET