WRITTEN QUESTION No. 682/97 by Friedhelm FRISCHENSCHLAGER to the Commission. Legal responsibility of Member States in connection with the BSE crisis
Date: 1997-03-06
Institutions: European Parliament, FRISCHENSCHLAGER
Subjects: EAGGF Guarantee Section, United Kingdom, animal disease, beef, cattle, closing of accounts, veterinary inspection, veterinary legislation













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91997E0682

WRITTEN QUESTION No. 682/97 by Friedhelm FRISCHENSCHLAGER to the Commission. Legal responsibility of Member States in connection with the BSE crisis  


Official Journal C 367 , 04/12/1997 P. 0038 





WRITTEN QUESTION E-0682/97 by Friedhelm Frischenschlager (ELDR) to the Commission (6 March 1997)Subject: Legal responsibility of Member States in connection with the BSE crisisPart A of the final report of the Temporary Committee of Inquiry on alleged contraventions or maladministration in the implementation of Community law in relation to BSE, which was adopted by the European Parliament, by a very large majority, on Wednesday, 19 February 1997 during its February part-session in Strasbourg, makes provision in the section entitled 'Recommendations' for the Commission to institute infringement proceedings under Article 169 of the EC Treaty against those Member States which have failed to fulfil their obligations under the Treaty and, further, for the Commission, if it denies responsibility itself, to bring administrative proceedings against the United Kingdom to secure the repayment of all sums disbursed in recent years to the United Kingdom for the eradication of BSE.As part of the critical scrutiny of the Commission's implementation of the measures recommended by the European Parliament, I have the following questions for Commissioner Fischler (DG VI), who has political responsibility for the common agricultural policy:Will the Commission follow the above recommendations made by the European Parliament?If not, why not?If so, what is the Commission's estimate of the amount to be repaid by the United Kingdom?What practical steps has the Commission taken so far to institute the relevant proceedings?What provisional timetable has the Commission drawn up for carrying out these procedures?Answer given by Mr Fischler on behalf of the Commission (30 April 1997)The Commission has already begun examining compatability with Community rules of all national legislation adopted on bovine spongiform encephalopathy by the Member States. The findings of past veterinary inspection visits are also being examined to determine whether and to what extent sufficient grounds exist for opening infringement procedures.It should be remembered that in such cases the burden of proof of an infringement lies with the Commission.As part of the procedure for clearance of the accounts of the Guarantee Section of the European Agricultural Guidance and Guarantee Fund the Commission is examining the regularity of expenditure claimed by the United Kingdom as incurred under Commission Regulation (EC) No 716/96 of 19 April 1996 adopting exceptionalsupport measures for the beef market in the United Kingdom ((OJ L 99, 20.4.1996. )) and Commission Regulation (EC) No 1757/96 of 10 September 1996 adopting additional exceptional support measures for the same market ((OJ L 230, 11.9.1996. )). As this examination is still in progress no quantified results can yet be given.