WRITTEN QUESTION E-2729/01 by Albert Maat (PPE-DE), Reimer Böge (PPE-DE)and Dorette Corbey (PSE) to the Commission. Export of sperm to third countries.
Date: 2001-10-05
Institutions: European Parliament, Provisional data
Subjects: World Trade Organisation, animal breeding, artificial insemination, bovine spongiform encephalopathy, export restriction, health legislation, international standard

16.5.2002

EN

Official Journal of the European Communities

C 115 E/151

Answer given by Mrs Wallström on behalf of the Commission

(23 November 2001)

Directive 98/70/EC of the Parliament and of the Council of 13 October 1998, relating to the quality of
petrol and diesel fuels (1) requires Member States to prohibit the marketing of leaded petrol from 1 January
2000. In the case of Italy the Commission, pursuant to Article 3, paragraph 3 of the directive, granted a
derogation to permit Italy to continue the marketing of leaded petrol until 31 December 2001.

Directive 98/70/EC does not specify the precise steps which Member States should undertake to phase out
leaded petrol and in particular does not specify which additives should be used to replace lead in lead
replacement petrol or in what manner such additives should be distributed.

The Commission does not see a need at this point for Community legislation to specify how additives used
to replace lead should be distributed in lead replacement petrol as the sale of such petrol will only be
necessary for a transition phase until the demand for this product diminishes over time in accordance with
the declining number of vehicles requiring this petrol.

(1) OJ L 350, 28.12.1998.

(2002/C 115 E/155)

WRITTEN QUESTION E-2729/01

by Albert Maat (PPE-DE), Reimer Böge (PPE-DE)
and Dorette Corbey (PSE) to the Commission

(5 October 2001)

Subject: Export of sperm to third countries

Breeding organisations have informed us about problems with the export of sperm to certain third
countries (for example Japan and Hungary) and also to Austria. Those countries refuse to import sperm
from countries where cases of BSE have been identified. The International Office of Epizootics (OIE) states
in its documents that sperm cannot be a carrier of BSE (this also applies to milk and leather). There is,
therefore, no reason why imports should be refused. The countries that are refusing to import sperm are
all members of the OIE.

Is the Commission aware of this situation, and what does it intend to do to solve this problem? Does the
refusal of these countries conflict with WTO rules?

Answer given by Mr Byrne on behalf of the Commission

(26 November 2001)

The Commission is aware of the restrictions imposed by certain third countries for exports of semen from
bovine spongiform encephalopathy (BSE) affected countries. The Commission considers that such
restrictions are not based on scientific principles and they are clearly against the international standards,
i.e. the Office International des Epizooties (OIE) animal health code. Consequently, the Commission
considers that these restrictions are not in compliance with the World Trade Organisation (WTO) rules and
the Sanitary and Phytosanitary (SPS) Agreement.

The Commission has frequently addressed the above problem during bilateral and multilateral contacts 7
such as the SPS Committee 7 with the relevant third countries insisting that import restrictions must be
science based and comply with the international standards. The Commission will continue to address this
issue in future contacts with these countries.

As regards the restrictions imposed by Austria on semen originating from Germany and France, the
Commission is considering the opportunity to initiate infringement procedures against Austria on basis of
article 226 (ex Article 169) of the EC Treaty.