WRITTEN QUESTION E-1427/96 by Klaus Rehder (PSE) to the Commission (6 June 1996)

Subject: Adoption of EU standards by Central and East European countries

For some time the Central and East European countries have been adjusting their standards on veterinary, foodstuffs and plant health checks to those of the EU. They all complain that this adoption required rightly in the first White Paper is rendered more difficult because of the very differing standards in the individual EU Member States.

1. In connection with the current negotiations on equivalence, is the Commission able to draw up a uniform EU standard with a high level of safety in these areas and give it to these countries, and what would this standard be like?

2. Are the relevant WTO and SPS provisions enough to guarantee this high level of safety which is essential for all European consumers?

Answer given by Mr Fischler on behalf of the Commission (15 July 1996)

1. The white paper contains ((COM(95) 163. )), in the veterinary and phytosanitary domain, the main legislation which applies throughout Member States and was prepared to assist the central and east European countries in their understanding of Community law, with a view to gradual adaptation.

These countries are taking on board over a period of time the Community acquis based on the white paper and the relevant implementing legislation. In the discussions on equivalency on veterinary and phytosanitary matters with Central and East European countries, as well as with other third countries, the Commission is using these same standards as a basis for negotiations. For sectors for which the complete harmonisation has not been finalised, equivalency cannot be recognised. However, the Commission is pushing for the finalisation of the harmonisation of Community import rules in order that the equivalency of those measures can be recognised.

The different health requirements on imports from third countries applied by different Member States depends on the objective differences in the health status existing in their territory and on the different interpretation and application of the basic directives regulating such matters. The first set of differences is recognised in Community law and the Member States are allowed to request additional guarantees in intra-Community trade. The second is the object of continuing work by the Commission to bring about uniform application.

In its negotiations the Commission is taking as a basis Community legislation and therefore third countries will be asked to honour the additional guarantees recognised at Community level.

The Commission has concentrated on sanitary measures concerning trade aspects, and implementation will be monitored.

2. The sanitary and phytosanitary agreement (SPS) which resulted from the last Uruguay round multilateral negotiations does not establish sanitary or phytosanitary measures but rules which relate to the use of such measures. These include reference to international standards, guidelines or recommendations established by relevant international organisations such as the Codex alimentarius commission, and the International office of epizootics. Normally Community health provisions are consistent with these standards. However, the agreement also enables members to introduce or maintain higher standards if there is scientific justification or as a consequence of the level of sanitary or phytosanitary protection a member determines to be appropriate in accordance with the general provisions of the agreement. Naturally the decisions necessary to protect European consumers can only be taken within the framework of Community legislation.