WRITTEN QUESTION E-3274/97 by Gianni Tamino (V) to the Commission (20 October 1997)

Subject: Derogations granted by Italy for slaughterhouses

Yet again the deadline for adapting slaughterhouses to health and hygiene standards has been extended by Article 6b of Law No 228 of 16 July 1997 (amending and converting into a law Decree-Law No 130 of 19 May 1997 containing urgent provisions for preventing and tackling forest fires in Italy, as well as laying down measures in the spheres of civil protection, the environment and agriculture). There are also health problems connected with the production and marketing of fresh meat products, in that the plants do no yet comply with the provisions of Directive 91/497/EEC ((OJ L 268, 24.9.1991, p. 69. )) and Directive 91/498/EEC ((OJ L 268, 24.9.1991, p. 105. )) of 29 July 1991, transposed into Italian law by Decree No 286 of 18 April 1994.

Is the Commission aware of this situation and what is its opinion on the subject?

If it ascertains a blatant contravention of Community legislation, does it intend to initiate infringement proceedings against Italy?

Answer given by Mr Fischler on behalf of the Commission (24 November 1997)

The health conditions for the production and marketing of fresh meat are laid down in Council Directive 64/433/EEC ((OJ 121, 29.7.1964. )), as amended by Council Directives 91/497/EEC ((OJ L 268, 24.9.1991. )) and 95/23/EC ((OJ L 243, 11.10.1995. )). With a view to the completion of the internal market, the rules for the production and marketing of fresh meat were extended to national markets by Directive 91/497/EEC.

These rules took into account the fact that certain establishments would be unable to comply with all of the new requirements by 1 January 1993. In order to prevent abrupt closures of establishments, the principle of limited and temporary derogations from specific Community health rules for establishments in operation before 1 January 1992 was accepted by the Member States under certain conditions laid down in Council Directive 91/498/EEC2. These derogations were limited until 31 December 1995. Directive 95/23/EC introduced the possibility for authorities to allow a slaughterhouse which qualifies for a derogation additional time to comply. In such cases the operator must show, to the satisfaction of the authorities, that he has begun to bring the premises into compliance with the requirements of the Directive but cannot, for reasons not attributable to him, meet the time limits originally laid down.

In addition special requirements (derogations) were introduced for small artisanal establishments (up to a production volume of 1000 livestock units per year) in order to avoid difficulties in the implementation of the rules. This derogation concerns structural requirements.

Furthermore, a derogation was introduced in Directive 64/433/EEC for slaughter establishments which handle not more than 2000 livestock units per year taking into account specific geographical situations and infrastructural circumstances in Member States. Member States may, at their request, be authorised to apply the structural requirements for small slaughterhouses (1000 livestock units per year) to these establishments if they are in regions suffering from special geographical constraints or affected by supply difficulties.

For the judgement of possible health problems further information is necessary on the size of establishments and kind of problem. The Commission does not have information on health problems connected with the application of rules and production and marketing of fresh meat in Italy. In order to clarify the situation the Commission will contact the Italian authorities with a request for further information on the subject.