WRITTEN QUESTION E-2836/97 by Livio Filippi (PPE) to the Commission (1 September 1997)

Subject: Ban on the use of 'specified risk material' in connection with BSE

On 23 July 1997, on a proposal from the Commission, the Council adopted a decision providing for the exclusion from the human and animal food chain of 'specified risk material' from beef, sheep and goats and for a ban on any possible use of such material. The decision introduces a ban in particular on specified risk material such as the cranium including the brain, the eyes, tonsils and spinal cord of beef, sheep and goats more than 12 months old and the spleen of sheep and goats of any age.

The decision seems to signal a belated rethink on the part of the Council as regards the measures taken by the Commission to date to stop the spread of BSE, which were deemed inadequate by Parliament, through the introduction of widespread measures whose consequences have not been properly thought through. Will the Commission answer the following questions:

1. What scientific grounds are there for a decision that affects all Member States indiscriminately, regardless of the different epidemiological situation in each country?

2. Has sufficient account been taken of the difficulties of disposing of substantial quantities of 'specified material' in application of these measures and of the possible consequences in terms of pollution that the incineration or burial of this material may have on the environment?

3. Has it assessed the adverse impact these stringent and wide-ranging measures may have on consumers, which may entail a further sharp reduction in the consumption of beef and undermine the effects of the financial effort already made by the Community to tackle the consequences of the BSE crisis?

4. Has it given due weight to the fact that the ban decided on by the Council, which also applies to third countries, may not be compatible with the GATT-Uruguay Round plant-protection agreement, under which health measures constituting a barrier to international trade may be adopted only on valid scientific grounds and that this could result in a situation where 'specified material' can move freely in the EU only if it originates in third countries?

5. Does it not consider that an appropriate and wide-ranging public information campaign should be launched as an antidote to the regular circulation of alarming and misleading information, which serves only to confuse consumers in the sensitive area of public health protection?

Answer given by Mrs Bonino on behalf of the Commission (26 November 1997)

On 30 July 1997, the Commission adopted Decision 97/534/EC ((OJ L 216, 8.4.1997. )) on the prohibition of the use of material presenting risks as regards transmissible spongiform encephalopathies.

1. The International Office of Epizootics (IOE) and the Community's Multidisciplinary Scientific Committee / Scientific Steering Committee are of the view that no Member State can now be considered free of bovine spongiform encephalopathy (BSE). After the emergence of BSE in the United Kingdom in 1986, cattle were exported from that country to other Member States, and some turned out to be infected with BSE. Contaminated meal was also exported.

Moreover, the results of inspections which were carried out in Member States in 1996 have revealed certain deficiencies in implementing the Community measures on BSE, in particular with respect to surveillance, training and diagnostic facilities and implementation and control of rendering standards and the ban on use of mammalian protein in ruminant feed.

2. In drafting its proposal, the Commission was aware of possible effects on the environment and of difficulties in respect of worker protection and management of the process involved in the disposal of specified risk material. It was considered that such effects and difficulties would be outweighed by the benefits for the health of humans and animals from the risk of transmitting transmissible spongiform encephalopathies (TSEs) afforded by the measures contained in Decision 97/534/EC. Furthermore, a reference is made, in Article 4(2) of Decision 97/534/EC, to Article 3(2) of Council Directive 90/667/EC laying down the veterinary rules for the disposal and processing of animal waste, for its placing on the market and for the prevention of pathogens in feedstuffs of animal or fish origin and amending Directive 90/425/EC ((OJ L 363, 27.12.1990. )). Article 3(2) of that Directive allows high-risk animal waste to be disposed of by burning or burial in a number of circumstances, including where animals are infected or suspected of being infected with a serious disease. It requires precautions to be taken to prevent contamination of water tables or any environmental nuisance. Moreover, Community measures to protect workers against risks from unconventional agents associated with BSE have already been laid down in Council Directives 89/391/EEC ((OJ L 183, 29.6.1989. )) and 90/679/EEC ((OJ L 374, 31.12.1990. )), and further measures are intended to be introduced in the near future.

3. The Commission has no information to suggest that Decision 97/534/EC might have had a negative impact on consumption. In fact, at the International Scientific Conference on Animal Meal held in Brussels on 1 and 2 July 1997, which was organised jointly by the Parliament and the Commission, the statements made by the representatives of the consumer associations showed rather that consumer concerns were along the same lines as the Commission measures in this area. Without underestimating the economic implications of the Commission measures for the Member States, these measures should have a positive rather than a negative impact on meat consumption.

4. Article 6, paragraph 4 of Decision 97/534/EC states that 'when implementing this Decision, the Community shall comply with obligations under international agreements'.

The Commission based its Decision on scientific advice given by the Scientific Veterinary Committee in December 1996. However, given that scientific progress has been made since then, it is currently consulting the Scientific Steering Committee (MSC/SSC) to update if necessary the scientific basis of the definition of specified risk material in the light of recent scientific developments. The MSC/SSC is expected to approve an opinion on this topic at its next meeting scheduled for 21 November 1997. It has been made clear to the Committee that any opinion on this issue has to have a well-documented and sound scientific basis, not least for the reason given by the Honourable Member.

As stated in Article 8 of the Decision, the Commission will amend its Decision if new scientific evidence requires it. ('This Decision shall be reviewed regularly in the light of new scientific information with regard to the risk of exposure to TSEs resulting from infectivity in other animal species, age categories, tissues or materials. Where necessary, this Decision shall be amended after consultation of the appropriate scientific committee and in accordance with the procedure laid down in Article 18 of Directive 89/662/EEC.').

5. As the Honourable Member points out, the Commission considers that it is highly advisable to launch a wide-ranging public information campaign on this issue. In particular, the Commission plans to distribute as from October 1997 the report on the International Scientific Conference on Animal Meal held on 1 and 2 July 1997 and a third, updated edition of the BSE guide, added to where necessary. Given the success of the second edition that appeared in November 1996, the new guide will be available in all the official languages of the Community and will be widely distributed in all Member States and in non-member countries.