CELEX: 31996D0817(01)
Language: en
Date: 1996-07-17 00:00:00
Title: European Parliament Decision of 17 July 1996 setting up a temporary commitee of inquiry

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31996D0817(01)

European Parliament Decision of 17 July 1996 setting up a temporary commitee of inquiry  

Official Journal C 239 , 17/08/1996 P. 0001 - 0004

EUROPEAN PARLIAMENT DECISIONof 17 July 1996setting up a temporary  commitee of inquiry(96/C  239/01)The European Parliament, - having regard to the Treaty establishing the European Community, and in particular Article 138c  thereof, - having regard to the decision of the European Parliament, the Council and the Commission of 19  April 1995 on the detailed provisions governing the exercise of the European Parliament's right of  inquiry  (1), - having regard to Rule 136 of its Rules of Procedure- having regard to the request, appended to  this Decision, by more than one quarter of its Members for a temporary committee of inquiry to be  set up to investigate alleged contraventions or maladministration in the implementation of  Community law in relation to BSE, - having regard to the legal actions which, according to its information, have been brought before  Community and national courts, - having regard to the interim orders issued by the Presidents of the Court of Justice and the  Court of First Instance on 12 and 13 July 1996 in Cases C-180/96R and T-76R respectively, - having regard to the proposal of the conference of Presidents of 17 July 1996 concerning the  request referred to above, 1.  Decides to set up a temporary committee of inquiry to investigate alleged  contraventions or maladministration in the implementation of Community law in relation to BSE,  without prejudice to the jurisdiction of the national and Community courts; 2.  Decides that the temporary committee of inquiry shall submit a report to Parliament within  three months of the publication of this Decision in the Official Journal of the European  Communities; 3.  Decides that the temporary committee of inquiry shall consist of 19 members. (1) OJ No L 113, 19. 5. 1995, p. 2.   ANNEX Request for the setting up of a temporary committee of inquiry to investigate  alleged contraventions or maladministration in the implementation of Community law in relation to  bovine spongiform encephalopathy (BSE) Pursuant to Article 138c of the EC Treaty, the undersigned  members request the setting up of a committee of inquiry with a view to investigating alleged  contraventions or maladministration in the implementation of Community law in relation to BSE1.  Subject of the inquiry1.1. The BSE problemBSE, the so-called 'mad-cow disease` was identified for  the first time in the United Kingdom in 1986. Since 1988, more than 160  000 confirmed cases of BSE  have been identified in British herds, according to figures supplied by the Unitd Kingdom in May  1996. Cases of BSE have also been reported in France, Ireland, Portugal and Switzerland. A number of preventive measures have been enacted in the United Kingdom since 1988 and at the level  of the Union since 1990. Since 1990 the European Parliament has adopted several resolutions related to BSE and has made a  number of proposals with a view to eradication of the disease  (1). In March 1996, the independent body advising the United Kingdom Government on matters related to  BSE published new information on the recent appearance of certain atypical cases of  Creutzfeld-Jakob disease in the United Kingdom and stated that in the absence of any credible  alternative, the most likely explanation was at present that these cases are linked to exposure to  BSE. On 22 March 1996, the Scientific Veterinary Committee of the European Union recognized the need to  review the adequacy of the current Community measures in the light of the new information; the  Committee also recognized that the risk of spread of BSE could be further reduced by excluding from  the food chain animals most likely to have been exposed to infection. On 27 March 1996, the Commission adopted Decision 96/239/EC which prohibits exports from the United  Kingdom to the other Member States and non-member countries of live bovine animals, meat of bovine  animals slaughtered in the United Kingdom, a number of products obtained from bovine animals  slaughtered in the United Kingdom as well as bone meal. On this occasion, the Commission stated  that the risk of transmission of BSE to man could not be excluded. On 11 June 1996, the preventive measures imposed by Commission Decision 96/239/EC were partially  relaxed. The export ban with regard to bovine semen was lifted. On other products (essentially  gelatine and tallow) the lifting of the export ban was made subject to the application of certain  manufacturing measures. This new decision also requires the Commission to carry out Community  inspections, before exports of tallow or gelatine may be resumed. On 16 July 1996, following and invitation by the European Parliament, the President of the  Commission, Jacques Santer, and the Commissioner responsible for Agriculture, Franz Fischler, made  declarations on the Commission's information policy on BSE since 1988 and measures it has taken to  ensure compliance with the export ban and to eradicate the disease. 1.2. Current problemsThere are significant indications that the BSE problem has not been managed  with the necessary vigilance by the Commission or the national authorities in their responsiblity  for monitoring the activities of economic operators and that the measures and initiatives taken  have not proved sufficient to protect the health of the public in the European Union and  effectively to combat 'mad-cow disease`. - According to an internal Commission document published in the press the Commission underestimated  its duty to inform the Member States in an appropriate manner about the risks connected with BSE  and encouraged one Member State no longer to publish its research findings. - Recent press revelations indicate that the export ban imposed by the Commission on 27 March 1996  has not been observed by certain Member States. The Commission, in cooperation with the Member  States, is currently carrying out investigations to shed light on these allegations. - Although the British Government banned the sale, in July 1988, of feeding stuffs for ruminants  containing ruminant protein, the Council did not adopt the first measures in this connection until  1990. Moreover, the European Parliament had called on the Commission as early as 1990 to bring  forward a proposal with a view to prohibiting the use as animal feed of animal protein recycled  from carcases  (1). - Further to a technological change in the manufacturing process of meal of animal origin, the  disease seems to have appeared without the Member States or the Commisison taking the precaution of  effectively ascertaining the harmlessness of these new processes and the practices of the  businesses concerned. 1.3. The aim of the temporary committee of inquiryThe aim of the temporary committee of inquiry is  to establish the facts about these allegations and the implications for the various authorities and  operators without prejudice to the jurisdiction of the Community and national courts. The  Commission may, where appropriate, formulate recommendations as provided in Article 4 (3) of the  decision of the European Parliament, the Council and the Commission of 19 April 1995 on the  detailed provisions governing the exercise of the European Parliament's right of inquiry and in  Rule 136 (10) of Parliament's Rules of Procedure. 2. Explanatory statement2.1. Attitude of the Commission towards the dissemination of information  about BSEIn the abovementioned internal Commission document the conclusion is drawn that it is  necessary to 'practice disinformation` with regard to BSE and that 'it was better to say that the  press has a tendency to exaggerate`. The committee of inquiry will investigate whether and to what  extent this attitude was generally characteristic of the action taken by the Commission and the  relevant Member States with regard to the real data relating to the spread of BSE and to their  duties from the point of view of Community law as regards the protection of the health of European  consumers and the necessary checks on the relevant products within the internal market. It will also consider the implications and repercussions on the Member States' administrations and  the national supervisory and research departments. 2.2. Publication of research findings about BSEThe committee of inquiry will verify whether the  Member States' administrations, individuals or other bodies were the subject of enticements or  recommendations to the effect that they should not disclose the information in their possession  about the nature and seriousness of the disease and the development of relevant scientific  knowledge. 2.3. Controls on the production and exports of recycled animal proteinIn July 1988 the British  Government prohibited the sale of cattle feed containing cattle protein. Subsequently the United  Kingdom reportedly continued to export animal protein recycled from carcases to the other Member  States and to third countries. These exports, to France in particular, allegedly increased  substantially after the use of these animal proteins was prohibited on the British market. The committee of inquiry will check the measures taken to control the quality and distribution of  animal feed by the competent departments in the Commission and the Member States following the  introduction of new manufacturing processes for meal of animal origin in the United Kingdom and in  other Member States. 2.4. Controls on the temporary ban on exports of cattle, beef and meat-based productsThe  Commission's decision of March 1996 to ban the export of beef from the United Kingdom to other  Member States and to third countries is apparently not being observed. The committee of inquiry  will review the effectiveness of administrative checks at Member State level. 3. Brief of the temporary committee of inquiryThe temporary committee of inquiry will be set up in  order to clarify the nature and causes of the alleged contravention or maladministration of the  application of Community law by the competent authorities of the European Union and the Member  States with regard to BSE, without prejudice to the jurisdiction of the Community and national  courts. It will identify any malfunctioning and will formulate conclusions in the light of the requirements  of public health. It will recommend improvements as regards in particular: - the transparency of the policy to combat BSE through the widest possible dissemination of  relevant research data and findings, - the procedures for monitoring the ban on exports of the products in question, - the adoption of all relevant measures for the protection of public health and the restoration of  the smooth operation of the markets. 4. Duration of the temporary committee of inquiryThe temporary committee of inquiry will submit  its report within three months of the publication of the European Parliament's decision setting up  the committee.(1) Minutes of 6. 6. 1996, Part II, Item 11; OJ No C 117, 22. 4. 1996, p. 55; OJ No C 42, 15. 2. 1993, p. 273; OJ No C 175, 16. 7. 1990, p. 173.  (1) OJ No C 175, 16. 7. 1990, p. 173.