WRITTEN QUESTION E-2404/03 by Bart Staes (Verts/ALE) to the Commission. Zinc bacitracin used by rabbit breeders to combat Epizootic Rabbit Enterocolitis: prohibited in Belgium under EU law but now in use again in the Netherlands and in France.
Date: 2003-07-21
Institutions: European Parliament, Provisional data
Subjects: Belgium, France, Netherlands, application of EU law, livestock farming, market approval, rabbit, restriction on competition, veterinary drug, veterinary legislation

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As far as the priorities ‘a greater understanding of youth’ and ‘voluntary activities’ are concerned, the
Commission will proceed accordingly. Currently these two priorities are tackled by the Member States.

(1) OJ C 168, 13.7.2002.
(2) Commission staff working paper: Analysis of Member States’ replies to the Commission questionnaires on youth

participation and information (SEC(2003) 465.

(3) Communication from the Commission to the Council: Follow-up to the White Paper on a New Impetus for
European Youth. Proposed common objectives for the participation and information of young people, in response
to the Council Resolution of 27 June 2002 regarding the framework of European cooperation in the youth field,
COM(2003) 184 final.

(2004/C 33 E/272)

WRITTEN QUESTION E-2404/03

by Bart Staes (Verts/ALE) to the Commission

(21 July 2003)

Subject: Zinc bacitracin used by rabbit breeders to combat Epizootic Rabbit Enterocolitis: prohibited in

Belgium under EU law but now in use again in the Netherlands and in France

Council Regulation (EC) No 2821/98 (1) of 17 December 1998 amending, as regards withdrawal of the
authorisation of certain antibiotics, Directive 70/524/EEC (2) concerning additives in feedingstuffs prohibits
the use of zinc bacitracin as an additive in feedingstuffs. Zinc bacitracin is used, inter alia, by rabbit
breeders to combat Epizootic Rabbit Enterocolitis (ERE). In accordance with the Regulation, the Belgian
Government has banned the use of zinc bacitracin. The problem is that Allpharma, the company which
markets the product, was late in initiating the application procedure for the registration of zinc bacitracin
as a medicinal product. As a result, there is currently no product available to rabbit breeders to combat
ERE. In the interim, the Netherlands and France have introduced emergency legislation to permit the use of
zinc bacitracin by rabbit breeders. That has led to unfair competition between, on the one hand, Dutch
and French rabbit breeders and, on the other, Belgian rabbit breeders.

the Netherlands and France have renewed
inter alia,
Is the Commission aware of
authorisation to use zinc bacitracin, although such use is actually prohibited under European law, and
that it results in a distortion of the market in rabbit breeding?

the fact

that,

Does the Commission acknowledge that, given that zinc bacitracin is the only currently known means of
combating ERE, this results in a distortion of the market?

If so, is the Commission intending to seek a solution to this problem?

(1) OJ L 351, 29.12.1998, p. 4.
(2) OJ L 270, 14.12.1970, p. 1.

Answer given by Mr Liikanen on behalf of the Commission

(1 September 2003)

Council Directive 70/524/EEC of 23 November 1970 concerning additives in feeding-stuffs modified by
Council Regulation (EC) 2821/98 of 17 December 1998 prohibits the use of zinc bacitracin as feed
additive for the purpose of growth promotion, not as active substance included in veterinary medicinal
products for the treatment/prevention of specific diseases.

The authorisation of veterinary medicinal products is governed by Directive 2001/82/EC of the Parliament
and of the Council of 6 November 2001 on the Community code relating to veterinary medicinal
products (1). Article 6 of this Directive states that as a prerequisite for such an authorisation, the active

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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