WRITTEN QUESTION P-2060/01 by Hiltrud Breyer (Verts/ALE) to the Commission. Deliberate prevention of BSE testing.
Date: 2001-07-03
Institutions: European Parliament, Provisional data
Subjects: Germany, bovine spongiform encephalopathy, slaughter of animals, testing, veterinary inspection

14.2.2002

EN

Official Journal of the European Communities

C 40 E/175

When will the Commission comply with the binding provisions pursuant to Articles 155 and 169 and thus
put an end to the wage discrimination in Sweden which is prohibited by the EC Treaty? Or does the
Commission (cid:129) in disregard of the law (cid:129) aim to have this model introduced throughout the EU?

Answer given by Mrs Diamantopoulou on behalf of the Commission

(4 September 2001)

With reference to the questions raised by the Honourable Member, the Commission would like to point
out that the principle of equal pay for equal work or work of equal value is a fundamental principle of the
EC Treaty (Article 141, paragraphs 1 and 2, ex Article 119), which is a provision of direct application,
i.e. that citizens can rely on this provision before their national instances in order to avoid the application
of any discriminatory national legislation.

Moreover, Directives 75/117/EEC (1) and 96/97/EC (2) modifying Directive 86/378/EEC (3) specify the exact
scope of this principle. Sweden has already taken measures for the implementation of the above-mentioned
Community legislation.

The Commission, in the tasks conferred to it under Article 211 (ex Article 155) of the EC Treaty, follows
with the greatest attention the implementation of these Directives in all Member States and will not
hesitate if it notices that a Member State has not fulfilled its obligations under both the Treaty and the
above mentioned Directives to engage infringements proceedings under Article 226 (ex Article 169).

In the context of the Community framework strategy on gender equality (2001-2005) (4) equal pay is one
of the major subject matters. According to the programme relating to the strategy, 2001-2002 will be
dedicated to equal pay and will be the occasion for identifying the existing gaps and the possible measures
to be taken, for example, updating the existing legislation.

(1) Council Directive of 10 February 1975 on the approximation of the laws of the Member States relating to the

application of the principle of equal pay for men and women (OJ L 45, 19.2.1975).

(2) Council Directive of 20 December 1996 amending Directive 86/378/EEC on the implementation of the principle of

equal treatment for men and women in occupational social security schemes (OJ L 46, 17.2.1997).

(3) Council Directive of 24 July 1986 on the implementation of the principle of equal treatment for men and women

in occupational social security shemes (OJ L 225, 12.8.1986).

(4) COM(2000) 335 final.

(2002/C 40 E/188)

WRITTEN QUESTION P-2060/01

by Hiltrud Breyer (Verts/ALE) to the Commission

(3 July 2001)

Subject: Deliberate prevention of BSE testing

Is the Commission aware that the industry is encouraging farmers over the Internet to leave dead animals
for a number of days before informing veterinary surgeons in order to avoid BSE testing and thereby leave
possible cases of BSE undetected?

Does the Commission have any information from the Member States concerning when animals have died
and when their deaths were reported?

What has the Commission done hitherto, or what does it intend to do in the future, to stop such deliberate
prevention of BSE testing

C 40 E/176

Official Journal of the European Communities

EN

14.2.2002

Answer given by Mr Byrne on behalf of the Commission

(26 July 2001)

The Food and Veterinary Office of the Commission carried out an inspection in Germany from 28 May to
1 June 2001.
In one of the L(cid:228)nder visited, the inspectors were informed that some farmers might
deliberately have delayed the notification of dead-on-farm cattle with a view to prevent possible bovine
spongiform encephalopathy (BSE) cases from being detected. The authorities had already informed various
producers(cid:146) organisations in writing that any undue delay in reporting a dead-on-farm animal was against
legislation.
the German legislation and that sanctions would be used against any breaches to that
Furthermore, delays in the notification of a dead-on-farm animal would not necessarily result in a possible
BSE case remaining undetected, as rapid tests can detect BSE in autolysed brain material.

The correct implementation of the BSE monitoring programme is audited by the Food and Veterinary
Office through regular inspections. Where deficiencies are found, the Member State concerned is asked to
take corrective action. It is the Commission intention to focus on surveillance measures, including testing
of dead-on-farm cattle, in future inspections. This is especially relevant in the light of the requirement to
test all such cases aged over 24 months, with effect from 1 July 2001.

(2002/C 40 E/189)

WRITTEN QUESTION P-2061/01

by Helena Torres Marques (PSE) to the Commission

(3 July 2001)

Subject: Lack of competition in Portugal

In Portugal, credit card payments made outwith the country are surcharged at 1,7 %.

How does the Commission intend to solve the problem of the lack of competition in the banking system
and of properly transparent information?

How is it possible to charge a percentage on payments in euro zone countries, when there is now a single
currency?

This situation has obtained since 1999. How is the Commission going to resolve it by 1 January 2002?

Answer given by Mr Bolkestein on behalf of the Commission

(17 September 2001)

The problem raised by this question could be resolved when the proposal for a Parliament and Council
Regulation on cross-border payments in euros, which the Commission tabled on 25 July 2001, is adopted
and comes into effect.

The Regulation would establish the principle of equal charges for domestic and cross-border payments in
euros: each bank would set a single charge for the euro payments area. This principle would apply from
1 January 2002 for both card payments and withdrawals at cash dispensers. If that target date is to be met,
Parliament and the Council must swiftly reach agreement so that the text can be adopted before the end of
this year.

On the lack of competition alleged by the Honourable Member, it should be pointed out that charging
commission on transactions does not in itself constitute a restriction of competition. The Commission is
not aware of the existence of any anti-competitive agreements between Portuguese banks on the fees
charged to consumers for the cross-border use of cards.