WRITTEN QUESTION E-0787/04 by Marianne Thyssen (PPE-DE) to the Commission. Problems relating to the transposition into national law of Directive 2002/2/EC on the circulation of compound feedingstuffs.
Date: 2004-03-11
Institutions: European Parliament, Provisional data
Subjects: application of EU law, interpretation of the law, labelling, manufactured feedingstuffs, national implementing measure

C 84 E/448

Official Journal of the European Union

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3.4.2004

on material resistance calculations that provide a guarantee of stability in the event of seismic events
or fire;

(cid:1) on 31 October 2002, an earthquake of medium intensity resulted in the collapse of a primary school

in the municipality of San Giuliano di Puglia (Molise, Italy), causing the deaths of 27 children;

(cid:1) the municipality of Bojano, which is in an area of maximum seismic risk (1 S=12), is located on the
same seismic fault (Matese) as San Giuliano and in 1 805 suffered losses and damage as a result of an
earthquake that caused 7 000 deaths (the public buildings in Bojano were erected in the absence of
any anti-seismic construction standards).

In order to avoid a repeat of the catastrophe that occurred in San Giuliano and in view of the danger
posed by seismic activity in the area (and to the municipality of Bojano in particular), would the
Commission not consider it appropriate to bring forward a legislative proposal on the ‘safety of public
buildings’ that calls on Member States to establish programmes for the surveying and evaluation of the
structural resistance of public buildings, and in particular schools, and makes it obligatory for all buildings
in areas of high seismic risk to be earthquake-proof.

(1) OJ L 332, 19.12.2003, p. 62.

Answer given by Mr Liikanen on behalf of the Commission

(24 March 2004)

Eurocodes are European standards which guarantee a high level of safety in the construction works to
which they apply and thereby confer a presumption of conformity with essential requirement No 1
‘mechanical resistance and stability’ of the Construction Products Directive, including in areas at risk from
seismic movements.

However, the use of these standards is voluntary and alternative methods may also guarantee safety.
It should also be pointed out that under the terms of the Construction Products Directive, it is the Member
States which are responsible for the safety of construction works.

The purpose of the recommendation is to ask the Member States not only to accord Eurocodes the
presumption of conformity with their own safety requirements, but also to promote their use. This makes
it possible to achieve the prime objective of guaranteeing the free movement of engineering services and
products in the EU. In addition, the adoption of the Eurocodes by all the Member States should, in the
Commission’s view, facilitate the development of joint research activities, which should make it possible to
raise the general safety of construction works, particularly with regard to seismic risk.

The Commission has no current plans to put forward a legislative proposal obliging the Member States to
implement the Eurocodes. It does, however, closely monitor their implementation and reserves the right,
if necessary, to investigate other initiatives if the results expected are not achieved.

(2004/C 84 E/0523)

WRITTEN QUESTION E-0787/04

by Marianne Thyssen (PPE-DE) to the Commission

(11 March 2004)

Subject: Problems relating to the transposition into national law of Directive 2002/2/EC on the circulation

of compound feedingstuffs

On 29 January 2004 I received an answer from the Commission to my Written Question P-4074/03 (1)
law of Directive 2002/2/EC (2) on the
concerning problems relating to the transposition into national
circulation of compound feedingstuffs. The Commission indicated that
the
implementation of national measures had been suspended in three Member States.

it was aware that

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Proper administration entails adopting sound legislation and regularly evaluating and where necessary
adjusting it. In this specific instance, problems have arisen even before the transposed provisions have been
published or, in certain Member States, have entered into force. It may perhaps be that the consequences
of the decision on indicating percentages on labels of compound feedingstuffs were misjudged.

In the light of the problems which have already arisen in a number of Member States: Does the
Commission envisage submitting a proposal
to amend Directive 2002/2/EC in order to drop the
compulsory indication of percentages on labels? Or does the Commission still stand fully behind the
Directive, and does it intend to put forward a proposal for amendment only if legally obliged to do so as a
consequence of the ruling of the Court and in the meantime to allow the implementation of the relevant
measure, which is leading to distortion of competition, to continue?

(1) OJ C 78 E, 27.3.2004.
(2) OJ L 63, 6.3.2002, p. 23.

Answer given by Mr Byrne on behalf of the Commission

(26 March 2004)

As already stated in its reply to the Honourable Member’s Written Question P-4074/03, the Commission
still supports the legitimacy of the provisions laid down in Directive 2002/2/EC of the Parliament and of
the Council of 28 January 2002 amending Council Directive 79/373/EEC on the circulation of compound
feeding stuffs and repealing Commission Directive 91/357/EEC. It is waiting for the preliminary ruling to
be given by the European Court of Justice on this issue.

Without prejudice to the Commission’s intention to propose, in the medium-term, a recast of the feed
labelling legislation, the Commission does not intend to propose an amendment to Directive 2002/2/EC in
view of the current situation.

(2004/C 84 E/0524)

WRITTEN QUESTION P-0799/04

by Baroness Sarah Ludford (ELDR) to the Commission

Subject: UK implementation of Directive 2000/78/EC

(5 March 2004)

Are UK regulations ‘The Employment Equality (Sexual Orientation) Regulations 2003’, with particular
regard to section 7(3), in full compliance with Directive 2000/78/EC (1), in particular Article 4(2)?

If the regulations do not fully comply with the Directive, what action does the Commission intend to take?

(1) OJ L 303, 2.12.2000, p. 16.

Answer given by Mr Dimas on behalf of the Commission

(31 March 2004)

The Commission is reviewing the legislation submitted to it by Member States and which implements
Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment
in employment and occupation,
including The Employment Equality (Sexual Orientation) Regulations
2003 submitted by the United Kingdom.

The Commission expects all Member State legislation to fully and properly implement the Directive.
The Commission will pay particular attention to the way in which the Member States use any of the