WRITTEN QUESTION E-0099/01 by Rosa Miguélez Ramos (PSE) to the Commission. BSE: compensation for cattle farmers.
Date: 2001-01-29
Institutions: European Parliament, Provisional data
Subjects: approximation of laws, bovine spongiform encephalopathy, common agricultural policy, indemnification, market support, slaughter of animals, withdrawal price

C 235 E/118

Official Journal of the European Communities

EN

21.8.2001

The following Community legislation currently applies on production, transportation and disposal of meat-
and-bone meal:

(cid:129) Council Directive 90/667/EEC of 27 November 1990 (1) laying down the veterinary rules for the

disposal and processing of animal waste, for its placing on the market;

(cid:129) Commission Decision 97/735/EC of 21 October 1997 (2) concerning certain protection measures with

regard to trade in certain types of mammalian waste;

(cid:129) Council Decision 1999/534/EC of 19 July 1999 (3) on measures applying to the processing of certain

animal waste to protect against transmissible spongiform encephalopathies;

(cid:129) Commission Decision 2000/418/EC of 29 June 2000 (4) regulating the use of material presenting risks

as regards transmissible spongiform encephalopathies.

intended for human consumption (5)

The proposal for a Regulation of the Parliament and the Council laying down the health rules concerning
lays down detailed conditions for the
animal by-products not
production, storage, transportation and disposal of meat-and-bone meal. This proposal implements the
most recent scientific advice in this area. In line with this proposal for a Regulation, meat-and-bone meal
which is unfit for consumption under a strategy to prevent a disease, has to be disposed of as waste, thus
complying with the waste legislation, particularly with Council Directive 75/442/EEC of 15 July 1975 on
waste (6) and Council Directive 91/689/EEC of 12 December 1991, on hazardous waste (7), and they should
be classified according to the list of hazardous waste, Council Decision 94/904/EC of 22 December 1994
establishing a list of hazardous waste pursuant to Article 1(4) of Council Directive 91/689/EEC on
hazardous waste (8), under the category (cid:145)waste whose collection and disposal are subject
to special
requirements in view of the prevention of infection(cid:146). This meat-and-bone meal would be classified as
hazardous waste unless they are pre-treated following the process for the inactivation of the infectious
agents, as laid down by the Council Decision 1999/534/EC of 19 July 1999 on measures applying to the
processing of certain animal waste to protect against transmissible spongiform encephalopathies and
amending Commission Decision 97/735/EC (3). Once thus pre-treated, the meat-and bone-meal can be
considered as non hazardous waste within the meaning of the environmental legislation.

Directive 2000/54/EC of the Parliament and of the Council of 18 September 2000 (9) lays down minimum
provisions on the protection of workers against risks to their health and safety, including the prevention of
such risks, arising or likely to arise from exposure to biological agents including unconventional agents
associated with the transmissible spongiform encephalopathies.

(1) OJ L 363, 27.12.1990. Directive as last amended by the Act of Accession of Austria, Finland and Sweden.
(2) OJ L 294, 28.10.1997. Decision as last amended by Decision 1999/534/EC.
(3) OJ L 204, 4.8.1999.
(4) OJ L 158, 30.6.2000. Decision last amended by Commission Decision 2001/2/EC (OJ L 1, 4.1.2001).
(5) COM(2000) 574 final.
(6) OJ L 194, 25.7.1975.
(7) OJ L 377, 31.12.1991.
(8) OJ L 356, 31.12.1994.
(9) OJ L 262, 17.10.2000.

(2001/C 235 E/124)

WRITTEN QUESTION E-0099/01

by Rosa MiguØlez Ramos (PSE) to the Commission

(29 January 2001)

Subject: BSE: compensation for cattle farmers

The various measures taken to protect consumer health in response to BSE include withdrawing and
slaughtering cattle over the age of 30 months which are considered specified risk material (SRM). Although
the decision in question has been taken at Community level, the task of implementing it falls to the
national governments. This situation is giving rise to disparities, depending on the national (or regional)

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Official Journal of the European Communities

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government which is paying the relevant compensation to cattle farmers. Besides the fact that withdrawal
prices differ, in some instances cattle farmers are entitled to or denied additional aid such as payments for
loss of income. It is furthermore apparent that in some cases the administrative authorities bear the cost of
withdrawing livestock or the SRM of head of cattle which have died on farms and provide safety
guarantees for the transfer and subsequent slaughter thereof, whereas elsewhere this cost is incurred by
the farmer (by and large a smallholder with 15 or so head of cattle).

Is the Commission aware of the aforementioned situation?

Will it provide information on the prices and compensation paid to cattle farmers in EU Member States for
the withdrawal of cattle earmarked for slaughter? Furthermore, in which Member States is the cost of
withdrawing cattle and SRM borne by farmers?

In its view, would it not be more appropriate to harmonise the compensation made available, as well as
the systems and responsibility for destroying cattle and SRM, at European level?

Answer given by Mr Fischler on behalf of the Commission

(9 March 2001)

No Community legislation provides for obligatory slaughter of animals aged more than 30 months and
such animals are not considered as specific risk material (SRM) except with regard to the parts of the
animal
listed as SRM in Commission Decision 2000/418/EC of 29 June 2000 regulating the use of
material presenting risks as regards transmissible spongiform encephalopathies and amending Decision 94/
474/EC (1).

Commission Regulation (EC) No 2777/2000 of 18 December 2000 adopting exceptional support measures
for the beef market (2) was not adopted solely in order to encourage testing of over thirty months of age
(OTM) animals but also as a market support measure to remove animals from the beef market, which
otherwise would be slaughtered for consumption and thereby make the imbalanced supply situation even
worse. The financing of the scheme is shared between the Commission and national authorities according
to specific rules laid down in that Regulation.

As to the actual payment under the purchase for destruction scheme within the basic rules of Article 4 of
the above-mentioned Regulation, prices logically vary as a function of category, quality and prevailing
market prices. With regard to the farmers(cid:146) contribution to the destruction costs, the Commission has only
provisional indications, but it is currently seeking further information on the subject.

The Commission has constantly reminded Member States that unless provided for in Community
legislation, national financing of measures or compensations in relation to BSE must be notified and
dealt with in accordance with Community law. The Commission will shortly present a report with a view
to ensuring the proper functioning of the Internal Market.

(1) OJ L 158, 30.6.2000.
(2) OJ L 321, 19.12.2000.

(2001/C 235 E/125)

WRITTEN QUESTION E-0107/01

by Dana Scallon (PPE-DE) to the Council

(1 February 2001)

Subject: Failure of Ireland to appoint an ombudsman for farming

Why has Ireland not appointed an ombudsman for farming?