WRITTEN QUESTION E-3389/97 by Nikitas Kaklamanis (UPE) to the Commission (23 October 1997)

Subject: Risks posed by condemned beef

According to reports in the European press, an extensive and well-organized trading network has been operating in the EU since last year, illegally channelling thousands of tonnes of banned beef (because of 'mad cow disease') from the UK to France, Belgium, the Netherlands, Spain and Greece.

Furthermore, a great many tonnes of condemned beef have reportedly already been dispatched from Belgium to Russia and Egypt.

This network is trading in dangerous meat which it buys up cheaply and exports at more than 100% profit. The problem is particularly serious in countries with a beef shortage, such as Greece, where domestic production covers only 30% of the country's consumption.

What is the Commission's response to this problem, which is a direct threat to public health in the Union and involves a huge network of fraud based on supplying condemned meat with false documentation and official stamps from countries such as Belgium, the Netherlands, France etc. and dispatching it to other markets within and outside the Union?

Answer given by Mrs Bonino on behalf of the Commission (2 December 1997)

The Honourable Member refers to a fraud, involving the redescription and recertification of frozen beef of British origin as coming from other Member States.

Investigations by the Commission (veterinary and anti-fraud services), working very closely with the relevant Member States authorities, into the extent and implications of this fraud are continuing and have been the subject of three reports to the temporary committee of the Parliament on the follow-up of recommendations on bovine spongiform encephalopathy (BSE). Care is needed at this stage not to jeopardise the success of these investigations through the premature release of information on their findings. Nevertheless, it can be stated that no evidence has yet been found that beef has been exported illegally from the United Kingdom to Greece.

Primary responsibility for controlling the health marking, certification and movement of meat rests with the Member States. Although fraud is extremely difficult to prevent completely, it has become clear from the Commission's investigations that there are deficiencies in the official control of meat production in the United Kingdom and other Member States and that the present Community control regime needs reinforcement. An ad-hoc inter-service group has been set up to give urgent consideration to the action which must be taken as a result of these findings. The lines of action have been identified and are described in the final report of the Commission to the temporary committee of the Parliament on the follow-up of recommendations on BSE ((COM(97) 509 final. )).

The Commission will take the necessary steps to strengthen the veterinary checks system.

The Commission dispatched a letter to the United Kingdom on 8 July 1997. The British minister of agriculture, fisheries and food after receipt of the letter undertook to take urgent action to meet the Commission's concerns. Thus on 1 August 1997 new legislation reinforcing and extending existing powers in relation to the export ban, came into force in the United Kingdom.

Given the action taken by the United Kingdom the Commission postponed consideration of the opening of infringement proceedings until September 1997. United Kingdom legislation on portal controls now appears to contain all the powers necessary to provide for enforcement of the export ban. Practical application of the rules has been subject to a further Commission inspection from 29 September 1997 to 3 October 1997. The mission team noted that an enhanced and more flexible system of portal controls has been implemented. These controls are useful but their effect is limited because of the very small proportion of trucks which undergo a physical check of the goods.

However, taking into account recent veterinary inspection reports, it appears that the United Kingdom remains in breach of its Community obligations in respect of controls at meat plants. The Commission has therefore opened, by letter dated 22 September 1997, the procedure under Article 169 EC Treaty in respect of this matter and has decided on 12 November 1997 to pursue the infringement procedure by the issue of reasoned opinion.

The Commission is also investigating whether those Member States where the illegal beef was handled after it left the United Kingdom failed to apply Community legislation correctly. In this connection correspondence has been exchanged with the Belgian and German authorities.