WRITTEN QUESTION P-0824/04 by Alexander de Roo (Verts/ALE) to the Commission. Vaccination of pet farm animals.
Date: 2004-03-08
Institutions: European Parliament, Provisional data
Subjects: animal disease, domestic animal, live poultry, vaccination, veterinary legislation

3.4.2004

EN

Official Journal of the European Union

C 84 E/451

Thus, Community Law (1) requires national authorities to take into account, for professional purposes,
qualifications obtained in another Member State. This does not mean that the qualification is recognised
automatically. National authorities should examine the qualifications and compare the training completed
by the migrant and the training required in the host Member State for access to the regulated profession
concerned. They must, if necessary, allow the migrant to undergo an adaptation period or take an aptitude
test, in order to make up for any considerable differences which may exist between the migrant’s training
and that required by the host Member State.

For employment in the public sector, where access is restricted to those who hold a qualification attesting
to a certain level of education without the contents being specified, Article 39 of the EC Treaty can be
directly applied. In this case it is the level of education attested to by a diploma rather than the detailed
contents of the training which should be taken into account for admission to the selection procedure.

Since the question concerns the steps which the citizen concerned could take, as well as the possibility of
lodging a complaint with the Commission and given that this is an individual case the Commission advises
the citizen to seek redress from the national administrative authorities or courts, which alone have the
jurisdiction to overturn a decision taken by a national authority concerning that citizen.

Finally, the Commission would like to draw the Honourable Member’s attention to the recent adoption of
the legislation package on a ‘Single European Sky’. Article 5 of the Regulation of the Parliament and the
Council on the supply of air navigation services (2) states that ‘as soon as possible after the entry into force
of this Regulation, the Commission will submit, if necessary, to the European Parliament and the Council,
a proposal concerning the granting of licences to controllers’. This proposal will lead to a European Air
Traffic Controller’s licence, which will facilitate the free movement of workers through mutual recognition
of these licences.

(1) Depending on the level of education required:

(cid:1) Council Directive 89/48/EEC of 21 December 1988 on a general system for the recognition of higher-education
diplomas awarded on completion of professional education and training of at least three years’ duration OJ L 19
of 24.1.1989 or

(cid:1) Council Directive 92/51/EEC of 18 June 1992 on a second general system for the recognition of professional

education and training to supplement Directive 89/48/EEC OJ L 209 of 24.7.1992.

(2) Not yet published.

(2004/C 84 E/0526)

WRITTEN QUESTION P-0824/04

by Alexander de Roo (Verts/ALE) to the Commission

(8 March 2004)

Subject: Vaccination of pet farm animals

The number of hobby farmers in Europe is growing rapidly. There are already 250 000 hobby farmers in
the Netherlands alone. These farmers own chickens, turkeys, guinea fowl, ducks, geese, swans, quails,
pheasants, peacocks, partridges and walking birds (ostriches, emu and nandos) and doves that are not kept
for consumption.

As a result of the outbreak of avian influenza in 2003, I asked the Commission a number of questions on
the preventive culling of poultry kept by hobby farmers (Written Question E-1401/03 (1)).

In answer to my question, Commissioner Byrne indicated, on 2 June 2003, that the decision to introduce
following
emergency vaccination around an outbreak may be taken by an affected Member State,
notification to the Commission. The Member State is free to choose between preventive culling and
preventive vaccination, in both cases following notification to the Commission.

This means that, in practice, pet farm animals may be vaccinated.

C 84 E/452

Official Journal of the European Union

EN

3.4.2004

The European Commission and the Council of Agriculture Ministers are currently drawing up a new law.

How will the position of hobby farmers be regulated in the new law: is there to be a separate status for pet
farm animals (with the possibility of preventive vaccination), or will the possibility remain that pet farm
animals will still have to be culled?

(1) OJ C 268 E, 7.11.2003, p. 196.

Answer given by Mr Byrne on behalf of the Commission

(1 April 2004)

The Commission is in the process of assessing the outbreaks of avian influenza in the European Union
during 2003 and the present outbreaks in Asia and North America. The lessons learned from these events
and the opinions delivered by scientists will be the basis for drafting a proposal for a revised legislation on
avian influenza, which the Commission intends to submit to the Parliament and the Council in 2004. In
this framework the issue of vaccination of both commercial and hobby birds will be considered taking into
account all relevant epidemiological, socio-economic and animal welfare implications. It is clear, however,
that the Commission will have to consider also the evolution at international level in this field and in
particular the standards of the OIE (Office International des Epizooties).

(2004/C 84 E/0527)

WRITTEN QUESTION P-0849/04

by Joan Vallvé (ELDR) to the Commission

(11 March 2004)

Subject: Late payment in commercial operations

8 August 2000 saw the publication in the Official Journal of the European Communities of Directive
2000/35/EC (1) of the European Parliament and of the Council of 29 June 2000 on combating late
payment in commercial transactions.

Article 6 of this directive lays down a deadline of two years from its publication for adoption by the
Member States of the laws, regulations and administrative provisions necessary to comply with the
directive. This deadline expired on 8 August 2002.

The directive makes it clear that late payment represent a failure to fulfil a contract, to the financial benefit
of debtors. In addition, the existence of late payment on a larger scale in some Member States than others
creates a distortion of free competition in the internal market.

In early July 2003 the Spanish government presented a draft law instituting measures against delayed
payment in commercial transactions. However, the draft text, which appeared in report form in the
Official Bulletin of the Spanish Parliament on 3 December 2003, has yet to be adopted.

Can the Commission ask the Spanish government
implements the directive as a matter of urgency?

to account

for this delay and insist

that Spain

(1) OJ L 200, 8.8.2000, p. 35.

Answer given by Mr Liikanen on behalf of the Commission

(31 March 2004)

The Commission is conscious of the negative effects of
late payments and accordingly is pursuing
infringement proceedings against the relevant Member States (i.e. Spain and Luxembourg), as fast as
possible. Infringement proceedings against Spain began on 30 September 2002, and the second stage was
opened on 6 February 2003, when the Commission sent to the Spanish Government a Reasoned Opinion