WRITTEN QUESTION E-2411/03 by Karl-Heinz Florenz (PPE-DE), Willi Görlach (PSE),Friedrich-Wilhelm Graefe zu Baringdorf (Verts/ALE), Christa Klaß (PPE-DE)and Dagmar Roth-Behrendt (PSE) to the Commission. Food and kitchen waste from commercial undertakings.
Date: 2003-07-21
Institutions: European Parliament, Provisional data
Subjects: animal nutrition, catering industry, consumer protection, food hygiene, public health, waste management, waste recycling

6.2.2004

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Official Journal of the European Union

C 33 E/263

substance must be shown in Annexes I, II or III of Council Regulation (EEC) No 2377/90 (2). Zinc
bacitracin is included in Annex I of said Regulation since 27 March 2003 (3). It is therefore perfectly legal
for the competent national authorities to grant marketing authorisations for veterinary medicinal products
containing zinc bacitracin for the treatment of enterocolitis in rabbits provided that the quality, safety and
efficacy of the product has been demonstrated.

According to Article 7 of Directive 2001/82/EC, Member States may, where the health situation so
requires, authorise the marketing or administration to animals of veterinary medicinal products authorised
in another Member State. It is therefore within the competence of the Belgian authorities to judge whether
such measures are warranted in this case. The Commission cannot comment on a possible distortion of the
market in an area as a result of decisions taken by Member States in the their field of competence.

(1) OJ L 311, 28.11.2001.
(2) Council Regulation (EEC) No 2377/90 of 26 June 1990 laying down a Community procedure for the establishment

of maximum residue limits of veterinary medicinal products in foodstuffs of animal origin, OJ L 224, 18.8.1990.

(3) OJ L 81, 28.3.2003.

(2004/C 33 E/273)

WRITTEN QUESTION E-2411/03

by Karl-Heinz Florenz (PPE-DE), Willi Görlach (PSE),
Friedrich-Wilhelm Graefe zu Baringdorf (Verts/ALE), Christa Klaß (PPE-DE)
and Dagmar Roth-Behrendt (PSE) to the Commission

(21 July 2003)

Subject: Food and kitchen waste from commercial undertakings

The Commission’s reply to Written Question E-1154/03 (1) prompts the following additional questions:

(cid:1) does the Commission currently have data as to the methods and channels whereby waste food and
kitchen scraps from commercial undertakings such as industrial kitchens, restaurants, catering firms
and public catering services throughout the EU are inspected, analysed, labelled, collected, transported,
treated, processed, disposed of and/or destroyed, or does it first need to obtain the ‘information …
from the Member States’ referred to in the reply to Question E-1154/03;

(cid:1) does the Commission not agree that the subject matter of this question constitutes an acute problem
which, for reasons of epidemic control, must be dealt with without further delay? How can the
Commission ensure that food and kitchen waste from commercial undertakings within the EU is not
illegally fed to animals or otherwise illegally removed or disposed of;

(cid:1) what measures can and will the Commission take in the event of individual Member States providing
no information, or insufficient information, on the collection and treatment of former foodstuffs, and
in particular on the analysis, inspection, processing, disposal and/or elimination of food and kitchen
waste from commercial undertakings?

(1) OJ C 268 E, 7.11.2003, p. 177.

Answer given by Mr Byrne on behalf of the Commission

(14 August 2003)

Further to the Commission’s recent reply to Written Question E-1154/03 by the Honourable Members, the
Commission can confirm that
former
foodstuffs referred to in that reply is not yet available.

the information concerning the collection and treatment of

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6.2.2004

The competent authority in each Member State is responsible for enforcing the law, including ensuring
that catering waste is not illegally fed to farmed animals and that it is safely disposed of. The Commission’s
Food and Veterinary Office will continue to monitor the situation to ensure harmonious implementation
of the law.

In line with Article 35 of the Regulation (EC) No 1774/2002 of the Parliament and of the Council of
3 October 2002 laying down health rules concerning animal by-products not
intended for human
consumption (1), Member States are expected to inform the Commission of the measures taken to ensure
compliance with the Regulation within one year of its entry into force. The Commission will take
appropriate actions to ensure that such information is communicated in due course.

(1) OJ L 273, 10.10.2002, p. 1.

(2004/C 33 E/274)

WRITTEN QUESTION E-2465/03

by Giuseppe Gargani (PPE-DE), Fiorella Ghilardotti (PSE)
and Enrico Ferri (PPE-DE) to the Commission

(23 July 2003)

Subject: Application by the Member States of Directive 2001/29 on copyright

What steps is the Commission taking to monitor and ascertain the correct transposition by the EU
Member States of Directive 2001/29/EC (1) of the European Parliament and of the Council of 22 May 2001
on the harmonisation of certain aspects of copyright and related rights in the information society?

(1) OJ L 167, 22.6.2001, p. 10.

Answer given by Mr Bolkestein on behalf of the Commission

(4 September 2003)

Since the adoption of Directive 2001/29/EC on the harmonisation of certain aspects of copyright and
related rights in the information society (1) on 22 May 2001 and even prior to its entry into force upon
publication on 22 June 2001, the Commission began a work program to assist Member States in timely
and correct transposition. A series of four informal meetings with Member States was held at intervals
beginning in May 2001, December 2001,
June 2002 and finally in October 2002. In addition, the
Commission undertook bilateral visits to the capitals to discuss transposition of the Directive with the
competent authorities. The transposition of the Directive was also discussed at the first meeting of the
Copyright Contact Committee on 10 March 2003, which was established by Article 12 of Directive 2001/
29/EC and is composed of representatives of the competent authorities of Member States under the
chairmanship of the Commission. Furthermore, the Commission wrote to all Member States reminding
them of the great importance of a speedy transposition of the Directive because of its relevance to the
Community’s international obligations (the Directive is the means by which the Community and its
Member States will implement the WIPO Copyright Treaty and the WIPO Performances and Phonogram
Treaties, which were adopted on 20 December 1996 under the auspices of the World Intellectual Property
Organisation (cid:1) WIPO).

Directive 2001/29/EC was due to be transposed in Member States’ laws by 22 December 2002. Denmark
and Greece have met this deadline. Italy and Austria transposed the Directive in April and June 2003
respectively. The Commission has received official notification of the national instruments of transposition
from those four Member States. Germany has adopted its transposition law in July 2003. It is expected
that the other Member States will have transposed in the course of 2003. The Commission, fulfilling its
role as guardian of the Treaties, is pursuing infringement proceedings against those Member States that
have not yet notified transposition of the Directive.

(1) OJ L 167, 22.6.2001.