CELEX: 51993PC0605
Language: en
Date: 1993-11-30
Title: Proposal for a COUNCIL DECISION amending Decision 90/218/EEC concerning the placing on the market and administration of Bovine Somatrotrophin (B.S.T.)

COMMISSION OF THE EUROPEAN COMMUNITIES
                                          COM(93) 605 final
                                          Bruxelles, 30 novembre 1993
                          Proposal for a
                         COUNCIL DECISION
      amending Decision 90/218/EEC concerning the placing
              on the market and administration of
                Bovine Somatrotrophin (B.S.T.)
                  (presented by the Commission)
 ---pagebreak---                                 Explanatorv Memorandum
   Council Decision 90/218/EEC< 1 ) requires Member States to ensure until 31st
   December 1993, that the placing on the market of bovine somatotrophin (B.S.T.)
   and its administration on their territory to dairy cows by any means
   whatsoever will not be authorized.
   It was recognized that further time was needed to study the effects and
   consequences of the administration of this product. These studies have been
   completed and in accordance with Article 4 of the Decision a report on the
 ^ situation for the Parliament and the Council has been agreed by the
   Commission ( 2 ).
 J The Commission's report concluded that the marketing of B.S.T. and its
]  administration to dairy cows in the Community be prohibited for the duration
|   of the application of the regime for milk quotas estabIished by Council
 [  regulation 3950/92/EEC^ 3 ^ establishing an additional levy in the milk and
 '  milk products sector. In accordance with Article 4 of Council Decision
   90/218/EEC the Commission is required to submit appropriate proposals on the
   matter. The present proposal fulfills this obligation.
   The proposed measure comes under the Common Agricultural Policy. In order to
   obtain the measures objectives, it is necessary to adopt a Decision.
fi
   The measures take the form of a Decision, its implementation will be the
   responsibility of the Member States.
   The Commission invites the Council to adopt a rapid Decision.
   (1)    O.J. N* L116, 08.05.1990, Decision amended by Decision 92/98/EEC (O.J.
          N- L 39, 15.02.1992, p. 41.
   (2)    COM (93) 331 Final of 16th September 1993.
   (3)    O.J. N' L 405, 31.12.1992, p. 1.
 ---pagebreak---                                         PROPOSAL
                                 COUNCIL DECISION
                                 of
               amending Decision 90/218/EEC concerning the placing
                       on the market and administration of
                          Bovine Somatrotrophin (B.S.T.)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community, and
in particular Article 43 thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Par Iiament^ 1 ),
Having regard to the opinion of the Economic and Social Committee*2)
Whereas, by Decision 90/218/EEC^3) as amended, the Council called on Member
States to prohibit, until 31st December      1993, the administration of bovine
somatotrophin (B.S.T.) on their territory by any means whatsoever       to dairy
cows   in   view  of  the   fact  that  the  effects  and  consequences  of  the
administration of this product were not sufficiently clear at the time;
Whereas in the meantime in depth studies have been undertaken on the effects
and consequences of the administration of bovine somatrophin to dairy cows,
whereas the Committee on Veterinary Medicinal Products (C.V.M.P.), created by
Directive 81/851/EEC arrived at the view that the B.S.T. products it studied
satisfy the traditional criteria for authorisation of "quality", "safety" and
"efficacity";
(1)   O.J. N" C
(2)   O.J. N* C
(3)      O.J. N* L 116, 08.05.1990, Decision amended by Decision 92/98/EEC
          (O.J. N- L 39. 15.02.1992, p. 41).
 ---pagebreak---                                          2
Whereas, however, the same Committee       indicated  that  its favorable approach
depends on several requirements, e.g. the respect of high standards of animal
husbandry, the choice of animals for treatment and their subsequent care, a
specific nutritional   regime for these animals, a veterinary prescription in
each case and a good hygiene at the injection site; whereas the same Committee
stressed the need of a permanent monitoring of somatic cell counts of milk
obtained from B.S.T. treated animals for health reasons;
Whereas,   the  group  of  Advisers  to   the  Commission   on  ethics   recommended
safeguard similar to those requested by the C.V.M.P.;
Whereas   the effect  of  the  introduction of B.S.T. would      conflict   with  the
objectives of the Common Agricultural Policy,        in particular   the milk quota
scheme introduced since 1984-,
Whereas negative consumer reactions and related effects on consumption, likely
major   changes  in production practices, and potentially       adverse effects on
Community    exports  could   continue   to   exacerbate   market   and    structural
 imbalances in both the milk and beef sectors;
Whereas in order to take these policies into account the marketing of B.S.T.
and   its administration  to dairy   cows   in the Community   should   at   least be
prohibited for the duration of the application of the milk quotas regime in
the Community;
HAS ADOPTED THIS DECISION :
 ---pagebreak---                                         3   -
                                   Article 1
Decision 90/218/EEC is hereby amended as follows .-
1. Article 1 shall be replace by the following :
    'Article 1
   Member States shall ensure that, until the end of the regime established by
   Council Regulation (CEE) No 3950/92 (3) establishing an additional    levy in
   the milk and milk products sector, the placing on the market of bovine
   somatotroph in and its administration on their territory to dairy cows by
   any means whatsoever will not be authorized.'
2. Article 4 shall be replaced by the following :
    'Art icle 4
    In case of review of the regime referred to in Article 1 the Commission
   shall present to the European Par I iament and to the Council a report on the
   situation together with appropriate proposals.'
                                   Article 2
This Decision is addressed to the Member States
Done at Brussels,                                          For the Council,
                                                          The President
(3)     O.J. N* L 405, 31.12.1992, p. 1
 ---pagebreak---                                                -H'
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                                                              COM(93) 605 final
                                                      DOCUMENTS
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