WRITTEN QUESTION E-2989/98

by Bernd Lange (PSE) to the Commission

(8 October 1998)

Subject: Health problems affecting poultrymeat: use of in-house staff for poultrymeat inspections

1. According to Article 8(3) of Directive 71/118/EEC(1) on health problems affecting trade in fresh poultrymeat, as amended by Directive 92/116/EEC(2), the general criteria for the training of staff of undertakings in poultrymeat inspection were to be established before 1 October 1993 pursuant to the procedure laid down in Article 21. When are such criteria likely to be established?

2. Is the Commission aware that in the Netherlands staff of undertakings are used to inspect poultrymeat, even though these criteria have not been established, and how does it regard this unilateral measure in the context of equality of competition?

3. Is the Commission aware of the qualifications of the staff in question, and how does it assess such qualifications in the light of guaranteeing consumer protection?

4. Does the Commission believe it is permissible, in the absence of criteria established at Community level for the training of staff, for other Member States to take the same action as the Netherlands?

Answer given by Mrs Bonino on behalf of the Commission

(26 November 1998)

1. Council Directive 92/116/EEC of 17 December 1992 amending and updating Directive 71/118/EEC on health problems affecting trade in fresh poultry meat(3) (poultry meat Directive) contains the provisions for inspection. It requires slaughterhouses to be under veterinary supervision and the veterinarian to be responsible for meat inspection. However, provision is also made for the official veterinarian to be assisted in many operations by auxiliaries who fulfil the specific conditions for professional qualifications (which cover training and are laid down in Annex III of the Directive) and who are placed under his authority and responsibility.

The Directive also makes it possible for the Member State authority to permit staff of the undertaking, under the direct supervision of the official veterinarian, to carry out certain operations. The general criteria for these operations have not yet been established.

A revision of the meat hygiene rules is currently under consideration to develop an integrated approach in the whole production line starting at farm level. In this context aspects of the inspection of poultry meat and the tasks of inspection personnel will be taken into account. The work will be based on scientific evidence and the advice of the scientific committee will be sought before revisions are proposed.

2. The Commission carried out preliminary visits in all Member States and in particular in the Netherlands in 1994 and 1995 in order to evaluate the application of Directive 71/118/EEC of 15 February 1971 on health problems affecting trade in fresh poultry meat(4). During this mission the team was informed that the Member State authority permits the staff of establishments to undertake certain operations and that they have received special training. The application of these legal requirements is checked by the Commission within the limitations imposed by the available staff resources.

3. The Commission was informed during the above mentioned mission by the Netherlands of the general criteria for the qualification of the staff permitted to carry out certain operations. Staff should act under the direct supervision of the official veterinarian who has the final responsibility, and no poultry meat should be health marked if the conditions laid down in the Directive are not fulfilled.

4. The Court of justice has constantly held that, where the Community legislature has not made any provisions and there is, as a result, a gap in the Community rules, there cannot, in principle, be any objections to a Member State retaining or introducing national measures (see, for instance, joined cases 47/83 and 48/83 Pluimveeslachterijen Midden-Nederland and Van Miert [1984] ECR 1721, paragraph 22). It follows that, in a situation characterised by the absence of implementing measures provided in Article 8(3) of Council Directive 71/118/EEC, this provision does not preclude a Member State from adopting national rules or from taking pre-existing national rules into account. Nevertheless, the Court laid down the general rule that, although they are empowered to apply their national law in a case like that, Member States are not exempt from observing the principles and general rules governing the Community action in the sector.

(1) OJ L 55, 8.3.1971, p. 23.

(2) OJ L 62, 15.3.1993, p. 1.

(3) OJ L 62, 15.3.1993.

(4) OJ L 55, 8.3.1971.