WRITTEN QUESTION E-2377/98

by Eryl McNally (PSE) to the Commission

(27 July 1998)

Subject: Maximum residue limits

I have received a letter of concern from one of my constituents who has read that new legislation is due to come into effect after 1 January 2000 with request to maximum residue limits on drugs used to treat horses.

Could the Commission inform me of any European intentions to present animals from being harmed when this legislation becomes active.

Are there any plans to differentiate between animals for leisure and competition purposes and those that are intended for the food chain? By what mechanisms would this differentiation take place? (i.e. freeze branding, micro chipping or ear tagging)?

Could you also inform me of any proposed increase in insurance for horses which may result from the entry into force of these regulations?

Answer given by Mr Bangemann on behalf of the Commission

(22 September 1998)

Council Regulation (EEC) 2377/90 of 20 June 1990 laying down a Community procedure for the establishment of maximum residue limits of veterinary medicinal products in foodstuffs of animal origin(1) came into force on 1 January 1992. It is related to Article 4 of Council Directive 81/851/EEC(2). According to this directive, a marketing authorisation can only be issued for a veterinary medicinal product for use in food producing animals, if the active substances contained in this product are listed in Annex I, II or III of Council Regulation (EEC) 2377/90. The inclusion in Annex I, II or III of Council Regulation (EEC) 2377/90 means that the substance was evaluated with a positive result.

Council Regulation (EEC) 2377/90 established a transition period for so called "old substances" (substances already on the market before 1 January 1992). For these substances an application for the establishment of maximum residue limits (MRLs) accompanied by the necessary documentation had to be submitted to the European Agency for the evaluation of medicinal products (EMEA) in London before 1 January 1996. This exemption has already been prolonged from 1 January 1997 to 1 January 2000 through Council Regulation (EC) 434/97 of 3 March 1997(3).

It has been suggested that substances used in horses kept for sporting purposes should be excluded from these requirements. However, many horses enter the meat production chain at the end of their lives, irrespective of whether they were kept for meat production or recreational purposes. This is also the case with horses in countries where horsemeat is not usually consumed since these horses are often exported to other countries where they are slaughtered for human consumption. Separation of sporting or recreational animals from meat-producing animals is not easily achieved: any system of control would need to be both straightforward and reliable. However, simply relying on documentation (especially if such documentation just takes the form of a declaration by the horse's owner) will not fulfil these requirements. Indelible marking with microchips, branding and tattooing have all been suggested and discussions are still under way concerning the effectiveness and feasibility of such marking systems. It is clear that any solution will have to be valid for the whole Community and not for specific Member States.

The Commission is also considering various options to facilitate the authorisation of veterinary medicinal products in certain circumstances. Any solutions will have to consider products which were on the market before Council Regulation (EEC) 2377/90 came into force. At present, the Commission is making an effort to find a solution for existing problems which takes the principles of consumer protection into account.

Insurance fees for horses are established by the companies active in this field according to their own risk analysis.

(1) OJ L 224, 18.8.1990.

(2) OJ L 317, 6.11.1981.

(3) OJ L 67, 7.3.1997.