EUROPEAN PARLIAMENT DECISION

of 17 July 1996

setting up a temporary commitee of inquiry

(96/C 239/01)

The European Parliament,

- having regard to the Treaty establishing the European Community, and in particular Article 138c thereof,

- having regard to the decision of the European Parliament, the Council and the Commission of 19 April 1995 on the detailed provisions governing the exercise of the European Parliament's right of inquiry (1),

- having regard to Rule 136 of its Rules of Procedure

- having regard to the request, appended to this Decision, by more than one quarter of its Members for a temporary committee of inquiry to be set up to investigate alleged contraventions or maladministration in the implementation of Community law in relation to BSE,

- having regard to the legal actions which, according to its information, have been brought before Community and national courts,

- having regard to the interim orders issued by the Presidents of the Court of Justice and the Court of First Instance on 12 and 13 July 1996 in Cases C-180/96R and T-76R respectively,

- having regard to the proposal of the conference of Presidents of 17 July 1996 concerning the request referred to above,

1. Decides to set up a temporary committee of inquiry to investigate alleged contraventions or maladministration in the implementation of Community law in relation to BSE, without prejudice to the jurisdiction of the national and Community courts;

2. Decides that the temporary committee of inquiry shall submit a report to Parliament within three months of the publication of this Decision in the Official Journal of the European Communities;

3. Decides that the temporary committee of inquiry shall consist of 19 members.

(1) OJ No L 113, 19. 5. 1995, p. 2.

ANNEX

Request for the setting up of a temporary committee of inquiry to investigate alleged contraventions or maladministration in the implementation of Community law in relation to bovine spongiform encephalopathy (BSE)

Pursuant to Article 138c of the EC Treaty, the undersigned members request the setting up of a committee of inquiry with a view to investigating alleged contraventions or maladministration in the implementation of Community law in relation to BSE

1. Subject of the inquiry

1.1. The BSE problem

BSE, the so-called 'mad-cow disease` was identified for the first time in the United Kingdom in 1986. Since 1988, more than 160 000 confirmed cases of BSE have been identified in British herds, according to figures supplied by the Unitd Kingdom in May 1996.

Cases of BSE have also been reported in France, Ireland, Portugal and Switzerland.

A number of preventive measures have been enacted in the United Kingdom since 1988 and at the level of the Union since 1990.

Since 1990 the European Parliament has adopted several resolutions related to BSE and has made a number of proposals with a view to eradication of the disease (1).

In March 1996, the independent body advising the United Kingdom Government on matters related to BSE published new information on the recent appearance of certain atypical cases of Creutzfeld-Jakob disease in the United Kingdom and stated that in the absence of any credible alternative, the most likely explanation was at present that these cases are linked to exposure to BSE.

On 22 March 1996, the Scientific Veterinary Committee of the European Union recognized the need to review the adequacy of the current Community measures in the light of the new information; the Committee also recognized that the risk of spread of BSE could be further reduced by excluding from the food chain animals most likely to have been exposed to infection.

On 27 March 1996, the Commission adopted Decision 96/239/EC which prohibits exports from the United Kingdom to the other Member States and non-member countries of live bovine animals, meat of bovine animals slaughtered in the United Kingdom, a number of products obtained from bovine animals slaughtered in the United Kingdom as well as bone meal. On this occasion, the Commission stated that the risk of transmission of BSE to man could not be excluded.

On 11 June 1996, the preventive measures imposed by Commission Decision 96/239/EC were partially relaxed. The export ban with regard to bovine semen was lifted. On other products (essentially gelatine and tallow) the lifting of the export ban was made subject to the application of certain manufacturing measures. This new decision also requires the Commission to carry out Community inspections, before exports of tallow or gelatine may be resumed.

On 16 July 1996, following and invitation by the European Parliament, the President of the Commission, Jacques Santer, and the Commissioner responsible for Agriculture, Franz Fischler, made declarations on the Commission's information policy on BSE since 1988 and measures it has taken to ensure compliance with the export ban and to eradicate the disease.

1.2. Current problems

There are significant indications that the BSE problem has not been managed with the necessary vigilance by the Commission or the national authorities in their responsiblity for monitoring the activities of economic operators and that the measures and initiatives taken have not proved sufficient to protect the health of the public in the European Union and effectively to combat 'mad-cow disease`.

- According to an internal Commission document published in the press the Commission underestimated its duty to inform the Member States in an appropriate manner about the risks connected with BSE and encouraged one Member State no longer to publish its research findings.

- Recent press revelations indicate that the export ban imposed by the Commission on 27 March 1996 has not been observed by certain Member States. The Commission, in cooperation with the Member States, is currently carrying out investigations to shed light on these allegations.

- Although the British Government banned the sale, in July 1988, of feeding stuffs for ruminants containing ruminant protein, the Council did not adopt the first measures in this connection until 1990. Moreover, the European Parliament had called on the Commission as early as 1990 to bring forward a proposal with a view to prohibiting the use as animal feed of animal protein recycled from carcases (1).

- Further to a technological change in the manufacturing process of meal of animal origin, the disease seems to have appeared without the Member States or the Commisison taking the precaution of effectively ascertaining the harmlessness of these new processes and the practices of the businesses concerned.

1.3. The aim of the temporary committee of inquiry

The aim of the temporary committee of inquiry is to establish the facts about these allegations and the implications for the various authorities and operators without prejudice to the jurisdiction of the Community and national courts. The Commission may, where appropriate, formulate recommendations as provided in Article 4 (3) of the decision of the European Parliament, the Council and the Commission of 19 April 1995 on the detailed provisions governing the exercise of the European Parliament's right of inquiry and in Rule 136 (10) of Parliament's Rules of Procedure.

2. Explanatory statement

2.1. Attitude of the Commission towards the dissemination of information about BSE

In the abovementioned internal Commission document the conclusion is drawn that it is necessary to 'practice disinformation` with regard to BSE and that 'it was better to say that the press has a tendency to exaggerate`. The committee of inquiry will investigate whether and to what extent this attitude was generally characteristic of the action taken by the Commission and the relevant Member States with regard to the real data relating to the spread of BSE and to their duties from the point of view of Community law as regards the protection of the health of European consumers and the necessary checks on the relevant products within the internal market.

It will also consider the implications and repercussions on the Member States' administrations and the national supervisory and research departments.

2.2. Publication of research findings about BSE

The committee of inquiry will verify whether the Member States' administrations, individuals or other bodies were the subject of enticements or recommendations to the effect that they should not disclose the information in their possession about the nature and seriousness of the disease and the development of relevant scientific knowledge.

2.3. Controls on the production and exports of recycled animal protein

In July 1988 the British Government prohibited the sale of cattle feed containing cattle protein. Subsequently the United Kingdom reportedly continued to export animal protein recycled from carcases to the other Member States and to third countries. These exports, to France in particular, allegedly increased substantially after the use of these animal proteins was prohibited on the British market.

The committee of inquiry will check the measures taken to control the quality and distribution of animal feed by the competent departments in the Commission and the Member States following the introduction of new manufacturing processes for meal of animal origin in the United Kingdom and in other Member States.

2.4. Controls on the temporary ban on exports of cattle, beef and meat-based products

The Commission's decision of March 1996 to ban the export of beef from the United Kingdom to other Member States and to third countries is apparently not being observed. The committee of inquiry will review the effectiveness of administrative checks at Member State level.

3. Brief of the temporary committee of inquiry

The temporary committee of inquiry will be set up in order to clarify the nature and causes of the alleged contravention or maladministration of the application of Community law by the competent authorities of the European Union and the Member States with regard to BSE, without prejudice to the jurisdiction of the Community and national courts.

It will identify any malfunctioning and will formulate conclusions in the light of the requirements of public health. It will recommend improvements as regards in particular:

- the transparency of the policy to combat BSE through the widest possible dissemination of relevant research data and findings,

- the procedures for monitoring the ban on exports of the products in question,

- the adoption of all relevant measures for the protection of public health and the restoration of the smooth operation of the markets.

4. Duration of the temporary committee of inquiry

The temporary committee of inquiry will submit its report within three months of the publication of the European Parliament's decision setting up the committee.(1) Minutes of 6. 6. 1996, Part II, Item 11;

OJ No C 117, 22. 4. 1996, p. 55;

OJ No C 42, 15. 2. 1993, p. 273;

OJ No C 175, 16. 7. 1990, p. 173.

(1) OJ No C 175, 16. 7. 1990, p. 173.