WRITTEN QUESTION E-1855/02 by Jan Mulder (ELDR) to the Council. Amendment of OIE rules on the use of marker vaccines.
Date: 2002-06-28
Institutions: European Parliament, Provisional data
Subjects: World Organisation for Animal Health, animal plague, foot-and-mouth disease, international meeting, swine, vaccination, vaccine, veterinary inspection, veterinary legislation

6.3.2003

EN

Official Journal of the European Union

C 52 E/109

Will the Commission say:

(cid:1) whether, and under what terms and conditions, the time limits for the submission of applications for
the transfer of pension rights are to be re-opened for the benefit of those who failed in the past to
take the necessary action in order to regularise their situation;

(cid:1) whether or not the 2 March 1978 Commission-INPS agreement also covers other Italian social-
security bodies which administer other forms of compulsory insurance (ENPALS, INPGI, INPDAI,
INPDAP); if it does not, do other, specific agreements exist for those bodies?

Answer given by Mr Kinnock on behalf of the Commission

(31 July 2002)

The relevant legislation is under Article 11(2) of Annex VIII to the Staff Regulations of officials of the
European Communities (Council Regulation (EEC, Euratom, ECSC) No 259/68 of 29 February 1968, which
lays down the Staff Regulations of officials and the conditions of employment of other servants of the
Communities and instituting special measures temporarily applicable to officials of the Commission (1).
This law makes the provision that, upon establishment, an official may request the transfer to the
Community pension scheme of pension rights acquired before entry into service with a European
institution.

Since the Staff Regulations are in the form of a Council Regulation, they are directly applicable in all
Member States. It is therefore by not essential to conclude an agreement to confirm the obligations of the
Member States in this matter. In practice, however, contacts between the Commission and the departments
and bodies concerned in the Member States are necessary in order to co-ordinate all the administrative and
procedural aspects. The Agreement of 2 March 1978 should be seen as part of that process.

Officials who do not submit a transfer request in the period laid down lose their entitlement to do so, and
any rights which they might have remain with their national scheme which will (cid:1) in certain cases (cid:1) pay
them a national pension provided they fulfil the conditions laid down by national legislation. There is no
provision in the law for opening new deadlines.

The Staff Regulations provide for the transfer of rights from all Italian pension funds, for example, ENPALS
and INPGI. For reasons peculiar to the Italian system, in the case of certain funds, such as INPDAI and
INPDAP, the transfer is made via the Istituto Nazionale della Previdenza Sociale. There are similar
mechanisms in a number of Member States and it is up to the national authorities to judge whether this is
sensible and justified.

(1) OJ L 56, 4.3.1968.

(2003/C 52 E/123)

WRITTEN QUESTION E-1855/02

by Jan Mulder (ELDR) to the Council

(28 June 2002)

Subject: Amendment of OIE rules on the use of marker vaccines

A proposal to shorten the period after which a region where animals have been vaccinated against foot-
and-mouth disease can regain its FMD-free status was approved at the annual General Session of the OIE
in Paris in May 2002. (The waiting period was shortened from 12 to 6 months). This is conditional upon
serological tests being carried out which show that the disease has been eradicated and that the vaccinated
animals do not have the disease. The latter can be demonstrated if emergency vaccinations are carried out
with marker vaccines for which corresponding test methods exist.

1.
Have EU Member States also called for the period to be shortened to three months, the length of
time after which a region can regain FMD-free status following the sanitary slaughter of animals (stamping-
out)? If not, why not?

C 52 E/110

Official Journal of the European Union

EN

6.3.2003

Since adoption of Directive 2001/89/EC (1), the use of marker vaccines has been permitted in the context
of measures to control classical swine fever. Such vaccines now exist and have received a favourable
opinion from the EMEA in London. Corresponding test methods are currently being developed.

Have the Member States therefore called for the OIE rules to be changed so as to shorten the waiting

2.
period in the case of swine fever, too? If not, why not?

(1) OJ L 316, 1.12.2001, p. 5.

Reply

(11 November 2002)

At its 70th session from 26 to 31 May 2002, the OIE agreed to the reduction from 12 to 6 months
1.
of the period after which official
‘disease-free’ status in relation to foot-and-mouth disease could be
regained, and noted that the use of new serological tests made it possible to differentiate the antibodies of
vaccinated animals from those of animals that had been in contact with live virus. However, it seems that
these new tests, which have not yet been officially validated, are not 100 % reliable in detecting live virus.

Thus if a country which has used emergency vaccination and does not want to slaughter the vaccinated
animals, but wishes to recover its disease-free status without vaccination at the end of 6 months (and not
12 as in the previous OIE code),
including
comprehensive use of the new tests on all the animals vaccinated, to convince the OIE of the absence of
the live virus.

it must provide very detailed epidemiological evidence,

It should also be noted that the European Commission is currently drawing up a proposal for a Directive
to revise and update Community standards in force in relation to foot-and-mouth disease, in the light of
the latest scientific and technical developments. Of course, the Member States and the European Parliament
will have every opportunity to make their views heard on the measures proposed.

Pending the adoption of new measures, Member States must comply with the rules currently laid down in
Directive 85/511/EEC of 18 November 1985.

2.
As regards classical swine fever, the new chapter of the OIE Code relating to that epizootic disease is
entirely in conformity with the provisions of the Community Directive applicable in this area, namely
Directive 2001/89/EC of 23 October 2001.

The basic rule in that Directive is that vaccination is banned, although in certain circumstances emergency
vaccination may be possible in accordance with very specific rules. These rules require in particular the
presentation of a vaccination plan (which must always be adopted by the Commission), recommend the
use of traditional vaccines and authorise the potential use of marker vaccines subject to the development
of a discriminatory serological test.

At this stage, research is still being done into such a test, which means that the rules currently in force as
regards vaccination should be adhered to, with the consequences which that implies for regaining official
‘disease-free’ status after any use of vaccination.

3.
The Community is not a member of the OIE. The Member States participate in the meetings of that
international organisation, of which they are individual members. Since several questions dealt with by the
OIE are covered by Community rules, Member States coordinate their positions both before and during
those meetings.