91998E2863

WRITTEN QUESTION P-2863/98

by Jonas Sjöstedt (GUE/NGL) to the Commission

(14 September 1998)

Subject: EU rules on animal registers

In Västerbotten (northern Sweden) the regional agricultural authority, the country administration, has refused to recognise a farmer's cattle registration book. This means that the farmers will not be regarded as entitled to EU aid, which will jeopardise their finances and livelihood. The farmer in question correctly entered all the required details, but the register was by an oversight entered in a different book. The only difference is in the colour of the cover and the layout of the pages.

The regional authorities have referred to EU legislation, in this case Council Regulation 820/97(1) and Directive 92/102/EEC(2). Perusal of these texts does however reveal little to support the action by the authorities. For example, the Regulation expressly states that "it is essential not to impose excessive demands on the producer in terms of administrative formalities", and that "Any sanctions imposed by the Member State shall be proportionate to the gravity of the breach." In this case the decision is likely to push the farmers into bankruptcy.

Does the Commission believe that the EU legislation on this matter requires the authorities to take this course of action?

Answer given by Mr Fischler on behalf of the Commission

(7 October 1998)

Council Regulation (EC) 820/97 of 21 April 1997 establishing a system for the identification and registration of bovine animals and regarding the labelling of beef and beef products(3) provides for the holding register in relation to the identification of bovine animals and (in Article 7,4 ) stipulates that: "The register shall be in a format approved by the competent authority in manual or computerised form, and be available at all times to the competent authority, upon request, for a minimum period to be determined by the competent authority but which may not be less than three years." Therefore, it is within the competence of the Member State to decide the format of the holding register.

Similarly, Council Directive 92/102/EEC of 27 November 1992 on the identification and registration of animals(4) does not provide for the format of the holding register.

However, Community law does provide for the data which must be recorded in the holding register (see Article 8 of Commission Regulation (EC) 2629/97 of 29 December 1997 laying down detailed rules for the implementation of Council Regulation (EC) 820/97 as regards eartags, holding registers and passports in the framework of the system for the identification and registration of bovine animals(5)).

As the format of the holding register is defined by the national authorities, the Commission considers that sanctions for non respect of the format are also a matter for the law of the Member States.

(1) OJ L 117, 7.5.1997, p. 1.

(2) OJ L 355, 5.12.1992, p. 32.

(3) OJ L 117, 7.5.1997.

(4) OJ L 355, 5.12.1992.

(5) OJ L 354, 30.12.1997.