WRITTEN QUESTION E-2763/02

by Bart Staes (Verts/ALE) to the Commission

(1 October 2002)

Subject: Transport of manure and the free movement of goods, services and capital

Can the Commission confirm that manure is subject to the everyday European Union rules governing the free movement of goods, capital and services and that, as a result, public authorities and judicial bodies may not restrict lawful deliveries of manure in a routine supplier-customer trade relationship?

May the authorities close borders for a product such as manure, particularly when the purchaser intends to use it to improve the soil?

Answer given by Mr Byrne on behalf of the Commission

(5 November 2002)

It is correct that intra-Community trade in manure is subject to the general provisions of the EC Treaty relating to the free movement of products.

The transportation and use of manure may create difficulties as regards both the spreading of disease and environmental problems.

As far as health aspects are concerned, intra-Community trade in manure is regulated by Directive 92/118/EEC(1). According to Annex 1 Chapter 14 of this Directive, as amended by decisions 96/103/EC(2) and 2001/7/EC(3), trade in unprocessed manure of species other than poultry or equidae is prohibited, except for manure from an area which is not subject to restrictions by virtue of a serious transmissible disease, and manure which is intended for spreading, under the supervision of the competent authorities, on land forming part of a single holding located on both sides of the frontier of two Member States and within a distance of approximately 20 kilometres. Records should be kept by the owner of the holding concerning these cross-frontier movements in order to be approved. The competent authority must keep a register of such approved holdings

Trade in unprocessed poultry manure is subject to stringent requirements, whereas no health restrictions apply to trade in unprocessed manure from equidae.

As regards processed manure and processed manure-based products, intra-Community trade is permitted under certain conditions.

In view of the above, it is up to the Member States to carry out the necessary checks to ensure that the Community provisions referred to are fully implemented.

(1) Council Directive 92/118/EEC of 17 December 1992 laying down animal health and public health requirements governing trade in and imports into the Community of products not subject to the said requirements laid down in specific Community rules referred to in Annex A (I) to Directive 89/662/EEC and, as regards pathogens, to Directive 90/425/EEC, OJ L 62, 15.3.1993.

(2) 96/103/EC: Commission Decision of 25 January 1996 amending Chapter 14 of Annex I to Council Directive 92/118/EEC laying down animal health and public health requirements governing trade in and imports into the Community of products not subject to the said requirements laid down in specific Community rules referred to in Annex A (I) to Directive 89/662/EEC and, as regards pathogens, to Directive 90/425/EEC (Text with EEA relevance), OJ L 24, 31.1.1996).

(3) 2001/7/EC: Commission Decision of 19 December 2000 amending Annex I, Chapter 14 of Council Directive 92/118/EEC laying down animal health and public health requirements governing trade in and imports into the Community of products not subject to the said requirements laid down in specific Community rules referred to in Annex A(I) to Directive 89/662/EEC and, as regards pathogens, to Directive 90/425/EEC (Text with EEA relevance), OJ L 2, 5.1.2001).