WRITTEN QUESTION E-0803/01 by Hiltrud Breyer (Verts/ALE) to the Commission. BSE crisis: liability and compensation issues and measures by the Commission.
Date: 2001-03-19
Institutions: European Parliament, Provisional data
Subjects: bovine spongiform encephalopathy, consumer protection, defective product, health policy, indemnification, labelling, producer's liability

11.12.2001

EN

Official Journal of the European Communities

C 350 E/39

Answer given by Mr Byrne on behalf of the Commission

(21 June 2001)

Currently no tests are available to detect bovine spongiform encephalopathy (BSE) in the meat itself.
Testing is carried out on animals. The rapid tests used in the Community are capable of detecting BSE
affected animals in the clinical phase of BSE or close to the clinical phase, when applied to the brain or
spinal cord after the death or slaughter of the animal. These tests have a valuable role in ensuring that
animals in the late stages of incubation of BSE do not enter the food chain. However, they are not able to
detect infection in the early stages.

With regard to the aspect of human health, it is clear that the removal of specified BSE risk material
remains the key measure. The Commission cannot over-emphasise the importance of effective removal of
these specified risk materials.

However, the conclusion of the geographical BSE risk (GBR) assessment carried out by the Scientific
Steering Committee for Argentina was that it is highly unlikely that domestic cattle in Argentina has been
infected with the BSE-agent. As a result, Argentina has therefore been exempted from the requirements
laid down in the Commission Decision 97/534/EC of 30 July 1997 on the prohibition of the use of
material presenting risks as regards transmissible spongiform encephalopathies (1).

So far, no third country exporting to the Community has been required to carry out systematic BSE testing
as an export condition. The need to require such testing in the future will be examined in the framework
of a further harmonisation of the import conditions pursuant to the proposed Regulation of the Parliament
and of the Council laying down rules for the prevention, control and eradication of certain transmissible
spongiform encephalopathies (2). The BSE risk in the exporting country, the most appropriate way to
manage that risk and the international standard will have to be taken into account. Currently the
international standard does not recommend BSE testing as a trade condition.

As regards testing of animals already carried out in Argentina, a BSE surveillance system was established in
1992 to determine the prevalence of BSE in the livestock population. Testing has been carried out, mostly
on cattle over 24 months, but also on sheep, goats, deer and lamas. Between 1992 and 1999, 4 453
samples have been examined, out of which 680 were from animals with suspect clinical signs; all were
negative with regard to BSE.

No exports to Argentina of processed animal protein from the Community have been recorded in the
Statistical Office of
trade (Nimexe)
databases since 1980.

the European Communities (Eurostat) and Statistics on external

Exports to the South American countries, that have already been assessed by the Scientific Steering
Committee with regard to their geographical BSE-risk (Argentina, Brazil, Chile, Colombia, Paraguay and
Uruguay) of (cid:145)flours, meals and pellets made from meat or offal, greaves, not fit for human consumption(cid:146),
have been very small in the last 20 years. In the GBR terminology they have been negligible.

(1) OJ L 216, 8.8.1997.
(2) OJ C 258, 10.9.1999.

(2001/C 350 E/041)

WRITTEN QUESTION E-0803/01

by Hiltrud Breyer (Verts/ALE) to the Commission

(19 March 2001)

Subject: BSE crisis: liability and compensation issues and measures by the Commission

1.
Is the Commission aware of any instance of criminal proceedings being initiated or claims for
compensation being made against the producers of animal feedingstuffs owing to irregular production
procedures either in the EU or elsewhere? If not, how does it view the fact that no criminal proceedings
have been initiated against them?

C 350 E/40

Official Journal of the European Communities

EN

11.12.2001

2.

Does it consider that in the event of a violation product liability should be suspended?

3. What measures will it take to amend the directive on product liability in view of the BSE crisis?

4.

Does it intend to take measures to institute an open declaration of animal feedingstuffs?

Does it intend to take measures to draw up a positive list of ingredients of animal feedingstuffs and

5.
thus to institute a clear declaration stating whether animal feedingstuffs are of animal or plant origin?

6. What measures does it intend to take to develop alternatives to the use of animal meal (cid:129) meal from
animal carcasses (cid:129) in animal feedingstuffs?

7. When does it intend to organise a conference on animal meal, similar to the conference it organised
in July 1997?

Answer given by Mr Byrne on behalf of the Commission

(4 July 2001)

Although the Commission does not have information that any such case has been brought before
a criminal court for hearing in any Member State, it is aware that at least one complaint lodged by a civil
party in France is currently being examined under a preliminary instruction.

Council Directive 85/374/EEC of 25 July 1985 on liability for defective products (1) introduced in the
Community the principle of liability without fault. According to it, any producer of a defective movable
must compensate any damage caused to the physical well-being or property of individuals, independent of
whether or not there is negligence on the part of the producer. However, it should be noted that in
accordance with the general rules on liability, article 4 of the Directive recalls that (cid:145)The injured person shall
be required to prove the damage, the defect and the causal relationship between defect and damage(cid:146);
futhermore, article 7 which provides for the conditions under which the producer is exempted from its
liability, includes under its point (e) the case where (cid:145)the state of scientific and technical knowledge at the
time when he put the product into circulation was not such as to enable the existence of the defect to be
discovered(cid:146).

The Directive covered in its original version all movables, with the exception of primary agricultural
products and game. Primary agricultural products meant products of the soil, of stock-farming and of
fisheries, excluding products which have undergone initial processing. Therefore, animal feedingstuffs,
which in principle have undergone initial processing, were already covered by Council Directive
85/374/EEC.

In the light of the bovine spongiform encephalopathy (BSE) crisis, the Commission proposed to amend the
Directive and to extend its scope of application also to primary agricultural products and game. Directive
1999/34/EC of the Parliament and of the Council of 10 May 1999 amending Council Directive 85/374/
EEC on the approximation of the laws, regulations and administrative provisions of the Member States
concerning liability for defective products (2) now obliges the Member States to apply strict liability to
unprocessed agricultural products. The Honourable Member(cid:146)s attention is drawn to the Commission report
on the application of Directive 85/374/EEC, which it adopted on 31 January 2001 (3).

On 7 January 2000, the Commission adopted a proposal to introduce a new labelling regime (4). This
proposal is now before the Parliament and the Council. The Commission(cid:146)s proposal provides for each
ingredient in compound feedingstuffs to be mentioned on the label in order to enable the farmer to make
an informed choice. Group names of ingredients will no longer be allowed. This proposal is still under
discussion in the Council and in the Parliament under the co-decision procedure.

The Commission is considering launching a feasibility study on this issue, with special reference to laying
down rules for establishing and maintaining a positive list.

11.12.2001

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Official Journal of the European Communities

C 350 E/41

Following the Council(cid:146)s decision to extend to non-ruminants the ban on the use of processed animal
protein in animal feed in order to strengthen the guarantees provided to consumers on food safety, and
following its request for an analysis of the supply of and demand for plant protein, the Commission
submitted two documents to the Parliament and the Council, to which the Honourable Member is invited
to refer:

(cid:129) the first is a working document (5) on the supply of and demand for protein-rich plants in the

Community following the BSE crisis,

(cid:129) the second is a Communication (6) to the Parliament and the Council concerning options to promote

the cultivation of plant proteins in the Community, based on the working document.

A follow-up of the conference on animal protein organised in July 1997 is not foreseen in the current year
2001.

(1) OJ L 210, 7.8.1985.
(2) OJ L 141, 4.6.1999.
(3) COM(2000) 893 final.
(4) COM(1999) 744 final.
(5) SEC(2001) 431.
(6) COM(2001) 148 final.

(2001/C 350 E/042)

WRITTEN QUESTION E-0804/01

by Daniela Raschhofer (NI) to the Commission

(19 March 2001)

Subject: Exports of animal meal and imports of beef and veal

From 1 December 2000 the use of meat and bone meal in animal feed has been banned throughout the
EU, since it is seen as a possible source of BSE.

Will the Commission say:

(cid:129) Is animal feed containing meat and bone meal exported to the CEECs? If so, what amounts are

exported to which countries?

(cid:129) How many head of cattle and tonnes of beef and veal are imported every year into the EU from the

CEECs?

(cid:129) How many head of cattle and tonnes of beef and veal are imported into the individual Member States?

(cid:129) What scope does the Commission have to prevent exports of meat and bone meal to the CEECs and
to put an end to imports of beef and veal from the CEECs in order to protect consumers? What
measures does the Commission intend to take in this connection?

Answer given by Mr Byrne on behalf of the Commission

(11 June 2001)

Since the entry into force of Council Decision 2000/766/EC of 4 December 2000 concerning certain
protection measures with regard to transmissible spongiform encephalopathies and the feeding of animal
protein (1) on 1 January 2001, exports of animal
feedingstuffs containing meat and bone meal, or
processed animal proteins, and destined for feeding farmed animals destined for human consumption, have
been prohibited.

Prior to the entry into force of this Decision Member States have exported processed animal proteins and
animal feedingstuffs containing these products to almost all Central and Eastern European countries
(CEEC). Whereas the figures for exports of processed animal protein from the Community to CEEC can be
derived from the available statistics, it is difficult to estimate the amount of exports of animal feedingstuffs
containing such products with any precision.