WRITTEN QUESTION E-2838/00

by Erik Meijer (GUE/NGL) to the Commission

(8 September 2000)

Subject: Quarantine rules for exported pigs possibly infected with swine fever

As a result of swine fever in England, in early August the Dutch government imposed a ban on imports of pigs from England. Because of the long incubation period it is not yet known how many of the imported pigs are infected. Accordingly, the LTO, the farmers' organisation in the Netherlands, has proposed that imported pigs be kept for four weeks in quarantine before being sent to farms in the Netherlands.

1. Can the Commission confirm the statement from the Dutch Ministry of Agriculture, Nature Management and Fisheries, that the European Union does not allow the Dutch government to impose a quarantine obligation on importers?

2. What are the Commission's reasons for preventing quarantine arrangements?

3. Does the Commission share the view that action must be taken to prevent European rules resulting in unexpected and undesirable consequences and accordingly being regarded as pointless and harmful by the public?

4. What does the Commission intend to do to enable Member States of the European Union to introduce a quarantine scheme for animals suspected of carrying a disease and, in general, to ensure that in such cases European rules do not have an adverse effect?

Answer given by Mr Byrne on behalf of the Commission

(23 October 2000)

1. The emergency measures that may be enforced in case of occurrence of an animal disease in the Community are laid down in Council Directive 90/425/EEC of 20 June 1990, concerning veterinary and zootechnical checks applicable in intra-Community trade in certain live animals and products with a view to the completion of the internal market(1).

The Member State of dispatch as well as the Member State of destination of commodities such as animals or animal products, which may pose a risk for public or animal health, may take the measures necessary to prevent any spread of disease, which may include quarantine of the animals, in accordance with the provisions of this Directive.

However, the safeguard measures taken by the Member States must then be reviewed as soon as possible by the Commission in the standing veterinary committee (SVC), where all Member States are represented. In the framework of this committee, the suitability of the measures adopted is evaluated. If deemed necessary, the Commission may submit to the SVC for its opinion draft decisions including safeguard measures to be adopted at Community level. However, the Commission may also, under exceptional circumstances, adopt disease control measures without a prior opinion of the SVC, on condition that these measures are then reviewed by this committee as soon as possible. Whenever safeguard measures are taken at Community level, the Member States must adapt their legislation accordingly. Following the outbreak of classical swine fever (CSF) reported in the United Kingdom on 8 August 2000, the Dutch government adopted on 10 August a number of disease control measures. Subsequently, the Commission adopted a number of decisions concerning this outbreak. The Netherlands supported all draft decisions discussed in the SVC, which included provisions on a ban on moving pigs from the areas of the United Kingdom considered as CSF infected and some restrictions on movements of pigs from all or a large part of the United Kingdom to other Member States. These restrictions included a 30 day standstill (quarantine) of all pigs in the holding of origin before pigs are moved to other Member States.

Therefore, Community legislation did not prevent the Dutch government from taking interim measures to prevent the spread of disease in the Netherlands, although once the Commission adopted its own decisions, the Dutch government had then to conform to these provisions.

2. As just explained, the Commission has not sought to prevent the adoption of disease control measures by the Member States. However, one of the objectives of the Commission is to ensure that, including in case of an emergency, the measures taken by the Member States are in accordance with Community legislation.

3. The Community provisions and procedures on the measures that may be taken in an emergency which poses a risk for public or animal health in relation to intra-Community trade of certain live animals and products are aimed at providing a legal base for the adoption by the Member State and/or the Commission of adequate protection measures in the shortest possible delay. These interim measures are then reviewed as quickly as possible at Community level by a body of experts to ensure a consistent and technically sound approach, taking also into consideration the need to avoid unnecessary restrictions on trade.

Directive 90/425/EEC has shown itself to be a very effective tool for these purposes. Therefore, the Commission cannot share the view of the Honourable Member on this matter.

4. As already explained above, the Member States can adopt quarantine measures to prevent the spread of animal diseases, in the framework of Directive 90/425/EEC.

The Commission cannot agree with the statement that this Directive has an adverse effect and it does not intend to review its substance.

(1) OJ L 224, 18.8.1990.