WRITTEN QUESTION E-2302/99 by Brigitte Langenhagen (PPE-DE) to the Commission. Veterinary inspections in establishments producing fishery products and fees charged for such inspections.
Date: 1999-12-13
Institutions: European Parliament, Provisional data
Subjects: competence of the Member States, fishery product, food inspection, infringement of EU law, regions of Germany

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Answer given by Mr Monti on behalf of the Commission

(13 December 1999)

The Commission fully shares the Honourable Member(cid:146)s concerns about the current situation on the world
shipbuilding market and the difficulties facing Community yards. However in its view the various actions
decided by the 9 November 1999 Industry Council represent a balanced package of useful measures that
should be pursued to tackle the problem of unfair competition. At this stage there are no plans for short-
term emergency measures. The Commission will continue to keep the market situation under review and
will collate and evaluate all the information and evidence collected pursuant to the Council conclusions on
the issue.
It will submit its findings to the Council and to the Parliament as soon as necessary in
accordance with Article 12 of Council Regulation (EC) No 1540/98 of 29 June 1998 establishing new
rules on aid to shipbuilding (1).

Following the conclusions of the Council, the Korean side has agreed to participate in bilateral discussions
involving industries and administrations from both the Community and Korea in the margins of an
Organisation for economic cooperation and development (OECD) working party meeting in Paris in mid-
December.

In addition, the Commission has encouraged Member States to urge the International monetary fund (IMF)
and World Bank to continue investigating whether the conditions and assumptions under which the
IMF-led rescue package was given to Korea are fully respected.

So far as the Millennium Round negotiations are concerned, these should be launched and concluded as a
single undertaking, in order to strike a generally advantageous overall balance of rights and obligations for
all World trade organisation (WTO) members. It would be difficult for the Community, at this stage, to
identify shipbuilding as a specific sector where it seeks special rules. Nevertheless, the existing agreement
on subsidy and countervailing measures includes a dispute mechanism which provides a means to tackle
unfair subsidies. As requested by the Council, the Commission stands ready to launch a trade action under
the WTO when sufficient supporting evidence has been gathered.

As for the Commission(cid:146)s recent negative decision regarding special tax credits paid to the publicly-owned
yards in Spain, the Commission was carrying out its duty to monitor that conditions of aid decisions are
fully respected. The current difficulties facing Community yards underline the need to ensure that
Community aid rules are complied with in order to avoid distortions to intra-Community competition.

(1) OJ L 202, 18.7.1998.

(2000/C 303 E/042)

WRITTEN QUESTION E-2302/99

by Brigitte Langenhagen (PPE-DE) to the Commission

(13 December 1999)

Subject: Veterinary inspections in establishments producing fishery products and fees charged for such

inspections

Is the Commission aware that the veterinary inspections in establishments producing fishery products,
required to be carried out under Directive 91/493/EEC (1), vary in their frequency and nature not only
from one country to another within Europe, but from one Land to another within the Federal Republic of
Germany?

Is it also aware that, contrary to Directive 96/43/EC, there is also a considerable lack of uniformity not
only at European level but also among the Federal L(cid:228)nder of Germany with regard to the charging of fees
for such inspection and the amount of these fees?

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Moreover, is it compatible with Directive 96/43/EC (2) that the fishing industry in at least one Land of the
Federal Republic of Germany was accorded a DM 150 000 reduction in fees by the administrative, political
and economic authorities?

Are these actions in accordance with the above-mentioned EU directives?

(1) OJ L 268, 24.9.1991, p. 15.
(2) OJ L 162, 1.7.1996, p. 1.

Answer given by Mr Byrne on behalf of the Commission

(4 February 2000)

Article 3 of Council Directive 91/493/EC of 22 July 1991 laying down the health conditions for the
production and the placing on the market of fishery products states that (cid:145)the placing on the market of
fishery products caught in their natural environment shall be subject to the following conditions: (cid:133) they
must have undergone a health check in accordance with Chapter V of the Annex(cid:146). Chapter V of the Annex
states that (cid:145)arrangements for checking and monitoring must be made by the competent authorities (cid:133)(cid:146).

Furthermore, Article 7 states that (cid:145)the competent authorities shall approve establishments once they have
verified that these establishments meet the requirements of this Directive, with regard to the nature of the
activities they carry out(cid:146).

The frequency of monitoring of individual fishery product establishments to ensure that they comply with
Community requirements is a matter for the relevant Member State authorities, taking account of the
nature of the establishment and the result of previous monitoring.

The above-mentioned conditions apply throughout
the Honourable
Member is aware that the inspection checks applied in Germany are not in accordance with the conditions
of Council Directive 91/493/EC, the Commission would be grateful for information allowing it to initiate
the necessary procedures.

the Community. Nevertheless,

if

The Community rules on the fees applicable to fishery products covered by Directive 91/493/EEC are laid
down in Chapter III of Annex A to Council Directive 85/73/EEC, as amended and consolidated by Council
Directive 96/43/EC of 26 June 1996 in order to ensure financing of veterinary inspections and controls on
live animals and certain animal products and amending Directives 90/675/EEC and 91/496/EEC.

Generally speaking, for fishery products covered by Chapter I of Directive 91/493/EEC, the Community
rules provide for a flat-rate fee for landed products (€ 1 per tonne for the first 50 tonnes and € 0,5 per
tonne thereafter) and for products entering a preparation or processing establishment or coming from a
factory ship (€ 1 per tonne).

However, Member States have a certain amount of leeway, either to reduce the flat-rate fee (Chapter III,
Section I, point 4 of Annex A to Directive 85/73/EEC) or to lay down arrangements for levying fees by
hour of work, where actual costs cannot be covered by collecting fees at the flat rate (Chapter III, Section I,
point 3 of Annex A to Directive 85/73/EEC).

The conditions for reducing flat-rate fees are as follows. Checks to be carried out on landing must be
facilitated by means of grading in accordance with the rules or by grouping together first sale transactions,
for example in a fish auction or wholesale market. Regarding checks on products to be carried out in
establishments, preparation or processing operations must take place on the same site as the first sale or
processing or, for a given establishment, operating conditions and guarantees as to the establishment(cid:146)s own
checks must allow a reduction in the number of inspection staff needed.

Under these circumstances, any difference in fee levels is not in itself incompatible with Directive 85/73/
EEC. In carrying out inspections, the Commission(cid:146)s inspectors also examine the rules on fees. If irregular
situations are found, the Commission will initiate the necessary procedures. If the Honourable Member has

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any information to the effect that in certain cases the rules applied are incompatible with Community
rules, she may forward it to the Commission, which will initiate the required procedures.

Article 5(2), first sentence, of Directive 85/73/EEC states that (cid:145)no direct or indirect refund of the fees
provided for in this Directive shall be permitted(cid:146).

The Commission will contact the German authorities in order to obtain information on the DEM 150 000
reduction granted, according to the Honourable Member, in one German Land.

(2000/C 303 E/043)

WRITTEN QUESTION E-2336/99

by Anna Karamanou (PSE) to the Council

(13 December 1999)

Subject: Potentially fatal health hazards arising from exposure to radiation from mobile telephones

Recent research by Swedish scientists and other public health experts have shown that exposure to
radiation from the use of mobile telephones causes serious damage to the human organism, for example
the development of carcinogenic tumours on the brain and the acoustic nerve, together with functional
genetic disorders.

What measures and policies will the Council
telephones and the protection of public health in general?

launch with a view to ensuring the safe use of mobile

Reply

(10/11 April 2000)

The Council, on the basis of a proposal
from the Commission and after consulting the European
Parliament, adopted on 12 July 1999 a Recommendation on the limitation of exposure of the general
public to electromagnetic fields (0 Hz to 300 GHz) (1) which aims to provide a Community framework
with regard to exposure to electromagnetic fields, with the objective of protecting the public. The
Recommendation, which is based solely on established scientific effects, comprises basic restrictions and
reference levels which apply to all radiation emitted by electromagnetic fields emanating from electric
appliances, including mobile telephones. It is based on advice from the International Commission on Non-
Ionising Radiation Protection (ICNIRP) and endorsed by the Commission(cid:146)s Scientific Steering Committee.

Concerning, more specifically, the long term-effects to which the Honourable Member refers, the Council
has invited the Commission to encourage research on the short and long-term effects of exposure to
electromagnetic fields at all relevant frequencies as part of the implementation of the current framework
programme of research and to keep the matters covered by this Recommendation under review, with a
view to its revision and updating, taking into account also possible effects which are currently the subject
of research, including relevant aspects of precaution.

The Council, aware of the issues at stake for public health, and in the light of the fact that at international
level it has not been proven that such exposure, including from the use of mobile telephones, might cause
the development of cancer, has asked the Commission to keep a very open attitude towards ongoing and
future research in this area.

(1) OJ L 199, 30.7.1999, p. 59.