WRITTEN QUESTION P-1805/96 by Alman Metten (PSE) to the Commission (26 June 1996)

Subject: Deliberate exportation of contaminated feed

1. What truth is there in the report carried by 'Nature' on 13 June 1996 that Great Britain exported large quantities of cattlefeed which could have been contaminated with BSE after its use had been banned in Britain itself?

2. Since when has the Commission been aware of these facts?

3. Has the Commission not hitherto had any inkling of these practices on the part of the British; did it not ask the British Government for any information or carry out any checks?

4. Does the Commission consider that either the British Government itself or the Commission was negligent in failing to ban exports of cattlefeed which could have been contaminated with BSE?

5. What procedures is the Commission currently using which might be able to prevent a possible recurrence of such a scandal?

6. Is the Commission sure that no contaminated meat products have ended up in other animal feed, for example catfood?

Answer given by Mr Fischler on behalf of the Commission (6 September 1996)

When it was first revealed that the probable origin of bovine spongiform encephalopathy (BSE) was contaminated meat-and-bone meal which was not treated sufficiently to inactivate the agent, the Commission considered the possibility of a ban on the export of meat-and-bone meal from the United Kingdom. However this was a non-harmonised product and there was no legal base for such a ban. The Commission therefore advised the Member States during successive standing veterinary committee meetings that they should consider national measures. By early 1991, all Member States confirmed that they had introduced a national ban on import of this product from the United Kingdom. Most had taken the measures in 1988-1989. The British veterinary service, for its part, undertook not to issue certificates for export to Member States and third countries which had introduced a national ban.

It is also relevant to record that the United Kingdom itself introduced measures in 1990 to ensure that the specified bovine offals were not put into animal feed. Export of feed containing specified bovine offal was effectively banned by the United Kingdom in September 1990. This would have reduced the potential for contamination of feedstuffs significantly.

Furthermore the use of mammalian meat-and-bone meal in the Community is not and never has been prohibited for feeding to poultry or pigs, nor is the use of poultry material for ruminants banned. There was no reason, therefore, from the Community legal point of view, to prohibit export of this material from the United Kingdom for feeding to the appropriate species. In fact, once Community standards for processing animal waste with respect to BSE were introduced on 1 January 1995, British meat-and-bone meal produced after that date could be legally traded, under the provisions of Decision 94/474/EC ((OJ L 194, 29.7.1994. )). It is the responsibility of the individual Member States to ensure that material is fed only to the species for which it is approved.

These facts must be taken into account when considering the questions put to the Commission. The questions can therefore be answered as follows.

1. The Commission has no data to confirm or deny the report in 'Nature'. Cattle feed can be legally exported from the United Kingdom although it should not contain material derived from mammalian waste, in common with cattle feed in all other Member States. The Commission was informed by all Member States in 1991 that they had prohibited the import of meat-and-bone meal from the United Kingdom, and the British authorities agreed to respect these measures.

2. The claims made in the 'Nature' report are the first information of this character received by the Commission.

3. The Commission has as yet no evidence that contaminated cattle feed was exported. Community inspections have been carried out, but spot checks are not likely to uncover infringements such as have been claimed. The implementation of all export and trade controls is the responsibility of the Member States themselves.

4. If the United Kingdom has not respected the bans legally introduced by the Member States, it would clearly have failed to meet its obligations in this respect. The Commission has asked the United Kingdom for full explanation of the circumstances.

5. Since the introduction of the overall ban on 27 March 1996, the Commission has intensified the level of Community inspections. The team which carries out the next inspection will be asked to make a special report on this matter.

6. Prior to the first diagnosis of BSE in 1986, there were no specific protection measures. Exposure of animals cannot be excluded. However, the level of infection at that time was probably low. In 1990, the United Kingdom introduced a ban on inclusion of specified bovine offal from animal feed. If properly applied, this measure would have significantly reduced this potential risk. The Commission is not in a position to say categorically that inadvertent or fraudulent contamination could not have occurred.