WRITTEN QUESTION E-3882/98

by Eva Kjer Hansen (ELDR) to the Commission

(4 January 1999)

Subject: Implementation of Council Directive 92/117/EEC

Further to my Question No P-3253/96(1), will the Commission say which Member States have still not implemented the minimum requirements in regard to salmonella pursuant to Annex III, Section 1 of Directive 92/117/EEC?

Has the Commission initiated the procedure under Article 169 against the Member States concerned?

When will the Commission submit the report on measures to combat and prevent zoonoses, which was to have been submitted before 1 November 1997?

Will the Commission take steps to halt trade in poultry from countries which do not meet the minimum requirements?

How will the Commission ensure that consumer protection is not neglected as a result of the slow process of implementation in some Member States?

Answer given by Mr Fischler on behalf of the Commission

(12 February 1999)

Article 17(1) of Directive 92/117/EEC concerning measures for protection against specified zoonoses and specified zoonotic agents in animals and products of animal origin, in order to prevent outbreaks of food-borne infections and intoxications(2) (the so-called Zoonoses Directive), required Member States to implement this Directive before 1 January 1994. Certain provisions of this Directive were amended by Directive 97/22/EC(3), for which the implementation deadline expired on 1 September 1997. In the case of both Directives, the Commission, as soon as the expiry date expired, opened infringement proceedings under Article 169 of the EC Treaty against the Member States which had not notified national implementation measures, leading in one case to a judgement of the Court of justice noting that Italy had not fulfilled its obligation to implement Directive 92/117/EEC. At present, the Commission still awaits for Directive 97/22/EC the notification of the measures of France, Italy and the Netherlands. The Commission undestands the publication of the national measures by these Member States to be imminent.

Article 10, Paragraph 1, of Directive 92/117/EEC, as amended by Directive 97/22/EC, to which the Honourable Member refers, requires Member States to implement as from 1 January 1998 the minimum measures laid down for salmonella in Annex III, Section I of the Directive. The Commission will use its powers to ensure implementation of the Community legislation. However, it should be noted that within Directive 92/117/EEC, there are no specific requirements for Member States to submit to the Commission plans or other measures adopted to fulfil the requirements of the Article.

Under Article 15a, Paragraph 1 of Directive 92/117/EEC, the Commission had to submit a report to the Council concerning the measures to be implemented for the control and prevention of zoonoses since it became apparent after entry into force of the Directive that an amendment was necessary. At the same time, reflection was needed on other measures needed at Community level to prevent zoonoses posing a threat to human health. Such a review deals with a range of complex and difficult issues and was expected to take an extended period of time. Upon a proposal from the Commission, the Council granted the Commission, through Directive 97/22/EEC, a period of 18 months to come up with new proposals. Unfortunately, the time limit of 1 November 1997 for submitting a report on a fundamental review could not be respected, due to the complex and difficult nature of organising uniform and efficient control measures and the need for a better scientific basis for such measures. The Commission will therefore present shortly a proposal in order to grant and additional time period. This proposal will include an interim report on the measures to be put in force for the control and prevention of zoonoses.

According to Article 12 of Directive 92/117/EEC the safeguard measures provided in Directive 90/425/EEC concerning veterinary checks to be carried out in trade with a view to the completion of the internal market(4) apply for the purposes of this Directive. According to Directive 90/425/EEC the authorities of the Member State of destination immediately notify the authorities of the other Member States and the Commission in writing, by the most appropriate means, of the findings, the decisions taken and the reasons for such decisions. Thus the Community legislation enables the use of safeguard measures if serious health problems emerge.

An important element for the evaluation of veterinary public health policies is also the control activity of the Commission. As a result of its missions, safeguard measures may be endorsed or infringement proceedings opened

(1) OJ C 138, 5.5.1997, p. 43.

(2) OJ L 62, 15.3.1993.

(3) OJ L 113, 30.4.1997.

(4) OJ L 224, 18.8.1990.