WRITTEN QUESTION E-0654/01

by Jan Mulder (ELDR) to the Commission

(6 March 2001)

Subject: Destruction of entire herds of cattle when one case of BSE is discovered on a farm

To date, the European Commission has taken the position that it is for the individual Member States to decide what to do if one case of BSE is discovered on a farm: destruction of the entire herd or destruction of the cohort. The Member States actually apply both solutions.

1. Can the Commission indicate the scientific opinion (and the committee which delivered that opinion) on which it bases its position?

2. Why does the Commission not take the view that, where the Member States' attitude is based on the precautionary principle, that principle should apply uniformly throughout the European Union on the grounds of the unity of the market?

3. Is the Commission prepared, where appropriate, to have an investigation carried out as a matter of urgency into the need to destroy entire herds on a farm where one case of BSE has been discovered?

Answer given by Mr Byrne on behalf of the Commission

(6 June 2001)

The present rules on the treatment of bovine spongiform encephalopathy (BSE) suspect and confirmed cases are laid down in Commission Decisions 98/272/EC of 23 April 1998 on epidemio-surveillance

for transmissible spongiform encephalopathies and amending Decision 94/474/EC(1) and 2000/764 of 29 November 2000 on the testing of bovine animals for the presence of bovine spongiform encephalopathy and amending Decision 98/272/EC on epidemio-surveillance for transmissible spongiform encephalopathies(2) (as amended). These decisions provide, apart from the rules for surveillance and monitoring of transmissible spongiform encephalopathies (TSE), for the destruction of BSE-positive animals. They do not impose any rules as regard the treatment of other animals in the herd.

However, the Commission proposed in 1998 a Regulation of the Council and Parliament on transmissible spongiform encephalopathies(3), providing inter alia for the measures to be taken after confirmation of a BSE case. Following a Parliamentary amendment in first reading, whole-herd slaughter was added to the two eradication measures proposed by the Commission, i.e. slaughter of birth/rearing cohorts and of off-spring cohorts. The Parliament adopted an opinion in second reading on this proposal recently and it will enter into force on 1 July 2001.

An opinion on BSE related culling of cattle was adopted by the Scientific Steering Committee (SSC) on 15 September 2000. This opinion states that culling of the cohort is more efficient than whole herd culling. However, it also states that if tracing of cohorts is not reliable, whole herd culling is a second best option.

The precautionary measures of the Member States aim, by killing cattle in herds where BSE cases have been detected, at eliminating otherwise not identified BSE cases and preventing future BSE cases from appearing. The institutions are in the process of adopting permanent Community legislation on the basis of Article 95 (ex Article 100A) of the EC Treaty, based on scientific advice and the precautionary principle. This Regulation will replace the existing Community safeguard measures on BSE as well as the national eradication measures.

It is the intention of the Commission, with a view to implementing the SSC opinion on culling strategies adopted after its initial proposal, to evaluate the need for more detailed rules for the application in practice of the provisions on eradication set out in the Regulation before it enters into force. A proposal to the Standing Veterinary Committee for its opinion is expected shortly in this respect.

(1) OJ L 122, 24.4.1998.

(2) OJ L 305, 6.12.2000.

(3) OJ C 45, 19.2.1999.