WRITTEN QUESTION No. 1347/98 by Yves VERWAERDE to the Commission. Measures to control mad cow disease
Date: 1998-04-29
Institutions: European Parliament, VERWAERDE
Subjects: Belgium, animal disease, beef, cattle, fraud, health control, health risk, labelling

C 386/116

Official Journal of the European Communities

EN

11.12.98

In relation to the proposal made by Mr Brittan on the liberalization of transatlantic trade, does the Commission
consider this proposal to be compatible with the extraterritorial effects of the Helms-Burton Act? Does it consider
this proposal to be viable as long as there is no solution to the disputes between the Community and the US on the
matter?

Joint answer to Written Questions
E-1343/98 and E-1344/98
given by Sir Leon Brittan on behalf of the Commission

(12 June 1998)

Since the Honourable Member submitted his questions on the Helms-Burton Act, there have been a number of
important new developments.

At the Community/United States Summit of 18 May 1998, the Community and the United States reached
agreement, after more than a year of intensive negotiations under the terms of the 11 April 1997 Understanding on
the Helms-Burton Act and Iran-Libya Sanctions Act (ILSA), on a package of elements that offer the real prospect
for a lasting resolution of the differences over these Acts, which so negatively affect the political and economic
relations.

This includes agreement on disciplines for new investments into illegally expropriated property and on principles
concerning the use of secondary boycotts, containing a United States commitment to future extraterritorial
legislation. As set out in the Community(cid:146)s unilateral statement issued in parallel, these elements need to be
complemented by waivers for the Community and for Community companies under both Acts. In this respect,
there is a commitment that the American administration will seek authority for an open-ended Helms-Burton
Title IV waiver without delay. The Community will not implement the agreed disciplines concerning investment
until this waiver authority is exercised.

In addition, with respect to Title III of the Helms-Burton Act, there is now not only a United States commitment to
continue to waive the right to file law-suits until the end of the President(cid:146)s term, but also, for the first time, a clear
undertaking by the American Administration to consult Congress about obtaining an open-ended waiver.

The United States had determined under section 9(c) of ILSA to waive the imposition of sanctions against Total
and the United States has expressed its expectation that similar cases would result in like decisions for
Community companies. As regards Libya, the Community achieved at the summit an American commitment
to (cid:145)engage with the EU in a sustained process for consideration of waivers under section 9(c) of ILSA to
companies from the EU(cid:146).

As to the World trade organisation (WTO) case, the Community has made it clear that it has reserved its right to
re-establish a WTO panel against the United States in respect of the Helms-Burton Act if the above-mentioned
waivers are not granted or are withdrawn or if action is taken against Community companies or individuals under
the Iran-Libya Sanctions Act or if, by the time of the expiry of the President(cid:146)s term of office, no waiver without
specific time limit in respect of Title III has been granted.

(98/C 386/159)

WRITTEN QUESTION E-1347/98

by Yves Verwaerde (PPE) to the Commission

(29 April 1998)

Subject: Measures to control mad cow disease

A cattle dealer in Alveringem (Belgium) is being prosecuted by the Veurne public prosecutor for changing the
dates of birth, in collusion with a printer, of 300 cattle before selling them to a firm in the Netherlands.
The fraudulent act was intended to circumvent the ban on putting cattle born before 1991 into circulation in the
European Union, as part of the fight against BSE.