WRITTEN QUESTION P-3865/98

by Karin Riis-Jørgensen (ELDR) to the Commission

(9 December 1998)

Subject: Enforcement of the Zoonose Directive

In view of the time limits which it lays down, the Zoonose Directive (92/117)(1) should by now have been implemented in all Member States. Unfortunately, this is not the case. Unless the Directive is implemented in all Member States, it is very difficult to argue the case for imposing special requirements in respect of products from third countries.

What steps has the Commission actually taken to ensure that the Directive is enforced throughout the Community?

Might it not be possible to envisage using a 'scoreboard' approach, along the lines of the famous Single Market Scoreboard?

Has the Commission considered instituting proceedings in the Court of Justice pursuant to Articles 169 and 171?

Will the Commission explain in detail how it interprets the objective of Article 14 of the Directive?

Answer given by Mr Fischler on behalf of the Commission

(27 January 1999)

Article 17(1) of Directive 92/117/EEC of 17 December 1992 concerning measures for protection against specified zoonoses and specified zoonotic agents in animals and products of animal origin, in order to prevent outbreaks of food-borne infections and intoxications (the Zoonoses Directive) requires Member States to implement the Directive before 1 January 1994.

Certain provisions of this Directive were amended by Directive 97/22/EC of 22 April 1997(2) for which the implementation deadline expired on 1 September 1997. In the case of both directives, the Commission, as soon as the deadline expired, opened infringement proceedings under Article 169 of the EC Treaty against the Member States which had not notified their implementation measures. One of these proceedings led to a judgement of the Court of justice noting that Italy had not fulfilled its obligation to implement Directive 92/117/EEC.

At present, the Commission still awaits for Directive 97/22/EC notification of the implementation measures of France, Italy and the Netherlands. According to the last information available to the Commission the publication of the national measures by these Member States is imminent.

The "Action plan for the single market"(3) of June 1997 provided for the implementation progress to be measured every six months in a "scoreboard" presented by the Commission. For such an act as the Zoonoses Directive, the Commission considers existing instruments sufficient to follow the implementation in each Member State.

Besides these legal actions the Commission has actively encouraged and assisted Member States in their attempts to reach the objectives of the Zoonoses Directive and to combat zoonotic diseases in animals. The financial funding for eradication and control of zoonoses has been significant. For 1999 the Community financial contribution for eradication and monitoring of zoonotic diseases in animals and other programmes aimed at the prevention of zoonoses equals 36 million euro. Among other measures taken is the establishment of the Community reference laboratories for salmonella and for epidemiology of zoonoses, providing national reference laboratories with details of analytical methods, organising comparative testing and conducting training courses and workshops.

An important tool for the evaluation of the enforcement of the Zoonoses Directive is the control activity of the Food and veterinary office. As a result of missions the Commission may, if necessary, endorse safeguard measures or open infringement proceedings.

The Commission is supporting a study concerning a scientific evaluation of the arrangements for dealing with zoonoses in the Member States from a public health point of view within the framework of the recently adopted Decision No 2119/98/EC of the Parliament and of the Council of 24 September 1998 setting up a network for the epidemiological surveillance and control of communicable diseases in the Community(4). This project will start at the beginning of 1999 and the results will be used in the review required under Article 15 of the Zoonoses Directive.

According to Article 14 of Directive 92/117/EEC third countries should submit a plan giving details of the guarantees they afford as regards inspections for zoonoses and zoonotic agents. The admission, or retention, on the Community list of third countries from which imports are authorised shall be subject to the submission of such plan. At present, no third country has submitted a zoonoses plan and this should mean that trade from the third countries concerned is stopped. However, taking into account the level which various Member States have achieved in order to implement the requirements of the Zoonoses Directive, such an act would be inappropriate, could lead to unforeseen consequences in trade with third countries and could provoke a challenge in the World trade organisation (WTO). The Commission is preparing a proposal to the Council and the Parliament to postpone the time limit laid down in Article 14 of the Directive.

(1) OJ L 62, 15.3.1993, p. 38.

(2) OJ L 113, 30.4.1997.

(3) CSE(97)1 final.

(4) OJ L 268, 3.10.1998.