WRITTEN QUESTION E-0747/01 by Nicholas Clegg (ELDR) to the Commission. Launching a case under the WTO's dispute settlement procedures (Council of Ministers' instruction).
Date: 2001-03-13
Institutions: European Parliament, Provisional data
Subjects: World Trade Organisation, access to EU information, settlement of disputes

11.12.2001

EN

Official Journal of the European Communities

C 350 E/33

(2001/C 350 E/033)

WRITTEN QUESTION E-0746/01

by Nicholas Clegg (ELDR) to the Commission

(13 March 2001)

Subject: Launching a case within the WTO(cid:146)s dispute settlement procedures (Commission(cid:146)s recommen-

dation)

When the Commission recommends to the Council of Ministers that it is to launch a case within the
WTO(cid:146)s dispute settlement procedures, are the details of the recommendation made available to the public
before the Council of Ministers takes its own decision? If not, why not?

(2001/C 350 E/034)

WRITTEN QUESTION E-0747/01

by Nicholas Clegg (ELDR) to the Commission

(13 March 2001)

Subject: Launching a case under

the WTO(cid:146)s dispute settlement procedures

(Council of Ministers(cid:146)

instruction)

When the Council of Ministers instructs the Commission to launch a case within the WTO(cid:146)s dispute
settlement procedures, what procedures are in place to ensure that the reasons for launching the case are
immediately made available to the public?

Joint answer
to Written Questions E-0746/01 and E-0747/01
given by Mr Lamy on behalf of the Commission

(11 May 2001)

As the Honourable Member knows, there are two possible ways for the Commission to ensure the
enforcement of the rights of the Community through World Trade Organization (WTO) dispute settlement
procedures.

The first one is action under the Trade Barriers Regulation, i.e. Council Regulation (EC) No 3286/94 of
22 December 1994 laying down Community procedures in the field of the common commercial policy in
order to ensure the exercise of the Community(cid:146)s rights under international trade rules, in particular those
established under the auspices of the WTO (1).

Article 8 paragraph 1(a) of that Regulation provides that when the Commission considers that there is
sufficient evidence to justify the initiation of an examination procedure, it publishes a notice in the Official
the information received and inviting
Journal of
interested parties to submit comments.

the European Communities giving a summary of

If, at the end of the examination procedure, the Commission decides to initiate a WTO dispute settlement
procedure, Article 12 paragraph 4 of the Council Regulation provides that such decision shall state the
reasons on which it is based and again be published in the Official Journal of the European Communities.
A similar publication happens in case no action is undertaken.

As the guardian of the Treaties, including international agreements, the Commission may also enforce the
negotiated rights of the Community outside the specific framework of the Trade Barriers Regulation (see
Article 15 of the Council Regulation).

In that case, the Commission consults the special committee established under Article 133 paragraph 3 of
the EC Treaty.

C 350 E/34

Official Journal of the European Communities

EN

11.12.2001

In both instances, the current Commission has decided, in a spirit of increased transparency, to make
available on the website of Directorate General for Trade the texts of the requests for WTO consultations
and of the requests for the establishment for a WTO panel submitted by the Commission on behalf of the
Community. These documents provide a description of the measure or practice challenged in the WTO, as
well as the indication of the legal provisions which allegedly are breached.

(1) OJ L 349, 21.12.1994. A description of that regulation is also available on the website of DG Trade.

(2001/C 350 E/035)

WRITTEN QUESTION E-0768/01

by Charles Tannock (PPE-DE) to the Commission

(13 March 2001)

Subject: Turbo pigs

What action has the Commission taken to protect European consumers in the aftermath of the (cid:145)turbo pigs(cid:146)
scandals in Austria and Germany involving revelations about the illegal use on Austrian and German pig
farms of antibiotics, growth-inducing hormones and vaccines smuggled into Europe from the Far East and
the United States, and what measures it has taken to ensure that no animal sold within the EU has been
treated with illegal substances?

Answer given by Mr Byrne on behalf of the Commission

(6 June 2001)

Council Directive 96/23/EC of 29 April 1996, on measures to monitor certain substances and residues
thereof in live animals and animal products (1) requires that Member States and third countries exporting
food of animal origin to the Community should control use, misuse and illegal use of veterinary medical
products.

Controls can be carried out by the Member States at the farm,
in the slaughterhouse or at border
inspection posts. Moreover, the Commission, through its Food and Veterinary Office, evaluates the ability
of Member States or third countries to carry out their controls through audits and inspections. Depending
on the findings of such audits and inspections, the Commission may recommend improvements, initiate
infringement procedures, delete a third country from the list of countries authorised to export food of
animal origin to the Community or apply a safeguard measure.

Therefore, the Commission considers that the current framework, if properly implemented, provides the
tools to ensure consumer protection from misuse and illegal use of veterinary medical products in food
producing animals.

(1) OJ L 125, 23.5.1996.

(2001/C 350 E/036)

WRITTEN QUESTION E-0781/01

by Jonas Sj(cid:246)stedt (GUE/NGL) to the Commission

(13 March 2001)

Subject: Publication of an OLAF report

It is undoubtedly very much in the general interest that instances of fraud at the Commission(cid:146)s Stockholm
Information Office be fully and publicly clarified, so as to prevent further speculation.

Will the Commission publish the OLAF report on fraud at the Commission(cid:146)s Stockholm Information
Office? If not, will it state the reasons why the report is to remain secret?