WRITTEN QUESTION E-1465/03

by Paulo Casaca (PSE) to the Commission

(29 April 2003)

Subject: Company failure due to European regulations

The Portuguese press (for instance Público on 27 March 2003) has reported that the Bela Olhão company has had to close down because it was unable to comply with the new Union legislation laying down a body of health rules governing the manufacture of animal feedingstuffs.

Can the Commission say what specific legislation is meant?

The press reports also maintain that the separation required by the legislation is such that two entirely separate buildings would be needed for each operation and shared premises of any type would be completely ruled out.

Can the Commission say whether this assertion is correct?

Can the Commission confirm that the legislation in question exists? Can it supply copies of impact statements indicating how employment in Europe is likely to be affected by this recent legislation? Can it supply a statement specifying the enforcement costs of this legislation both to public regulatory authorities (at European, national, regional, or local level) and to the private sector?

Assuming that the Commission can confirm that the above information is incorrect, could it explain what steps have been taken to dispel the misapprehensions within Portuguese public opinion?

Does it have an idea of the immense damage caused by news stories of the kind referred to above in that they undermine support for the actions of the European institutions?

Answer given by Mr Byrne on behalf of the Commission

(23 June 2003)

Regulation (EC) No 1774/2002(1) of the Parliament and of the Council of 30 October 2002, as amended by Regulation (EC) No 808/2003 of 12 May 2003(2), lays down health rules concerning animal by-products not intended for human consumption. It was adopted by the Parliament and by the Council on 3 October 2002, published on 10 October 2002 and is applied from 1 May 2003.

General requirements for the approval of category 1 and category 2 processing plants (Article 13) and for approval of category 3 processing plant (Article 17) are set out in Chapter I of Annex V to the above-mentioned Regulation.

Paragraph (1) (a) of Chapter I of Annex V to Regulation (EC) No1774/2002, as amended by Regulation (EC) No 808/2003 of 12 May 2003, foreseen that premises for the processing of animal by-products (ABP) must not be at the same site as slaughterhouses, unless located in a completely separate building.

However, a conveyer system may link an individual processing plant to a slaughterhouse on the same site provided the following conditions are met:

- There are separate entrances, reception bays, equipment, exits and personnel for the processing plant and the slaughterhouse; and

- The animal by-products to be processed originate on the same premises.

A fundamental revision of the Community rules applicable to ABP was necessary in the light of a wide variety of approaches existing in Member States as regards the financial support for processing, collection, storage and disposal of ABP. To ensure that the conditions of competition between agricultural products are not affected, it has been necessary to carry out an analysis and, if necessary, to take appropriate measures at Community level. On the basis of Article 36 of Regulation (EC) No1774/2002, the Commission is preparing a report on the financial arrangements in Member States for the processing, collection, storage and disposal of animal by-products accompanied by appropriate proposals.

Concerning information to the public opinion on the above-mentioned Regulation, the Commission recently issued guidance clarifying a number of issues raised by industry in relation to the provisions of the Regulation. Copy of the guidance is available on the Commission web-site: http://europa.eu.int/comm/food/fs/bse/legislation.

(1) OJ L 273, 10.10.2002.

(2) OJ L 117, 13.5.2003.