92001E1260

WRITTEN QUESTION P-1260/01

by Francesco Turchi (UEN) to the Commission

(19 April 2001)

Subject: Decision 2001/208/EC of 14 March 2001 concerning certain protection measures with regard to foot and mouth disease in France

Given that:

- the Italian text of Decision 2001/208/EC(1) stipulates that the commercial document required by Community legislation for intra-Community trade must be endorsed and must be accompanied by an attached copy of the official certificate stating that the production process has been audited and found in compliance with the appropriate requirements;

- a literal interpretation of this provision implies that both an endorsement of the commercial document and a further veterinary certificate stating that the production process has been audited and found in compliance with the appropriate requirements, a certificate which is valid for 30 days, are required;

- a literal translation of the French and English text of the Decision suggests that it is enough for the commercial document required by Community legislation for intra-Community trade to be endorsed by the attachment of a copy of an official certificate stating that the production process has been audited and found in compliance with the appropriate requirements;

- on the basis of the Italian text, each consignment must be inspected by a civil servant empowered to carry out checks, whereas, for example, a French seller of hides, in order to comply with the law applicable to him, must merely present, attached to the commercial document, the copy of a certificate which an official veterinary surgeon issues only once every 30 days;

- the difference is significant as regards compliance with the law and the swiftness of legal procedures.

Can the Commission state:

- which language version is authentic;

- what steps it intends to take to deal with this problem and how soon;

- whether this state of affairs might not give rise to breaches of the rules underpinning competition policy and the single market.

(1) OJ L 73, 15.3.2001, p. 38.

Answer given by Mr Byrne on behalf of the Commission

(18 June 2001)

Like the Honourable Member, the Commission noticed that the Italian version of Article 9 of Commission Decision 2001/208/EC of 14 March 2001 concerning certain protection measures with regard to foot-and-mouth disease in France is indeed different from the other language versions published in the Official Journal of the European Communities. Contrary to what the Honourable Member says in his question, the Italian version of the above Decision does not require the consignment to be inspected by the official veterinarian responsible; it merely requires the latter to stamp the commercial document.

It was not the Community legislator's intention to impose a special stamp on the document accompanying the products to which the above Article 9 applies.

The Commission deeply regrets the error in the Italian version. It feels, however, that there would be no point in publishing an amendment in the Official Journal, because the provisions set out in Decision 2001/208/EC, as amended for example by Commission Decision 2001/250/EC of 29 March 2001(1), no longer apply since 12 April 2001.

(1) OJ L 90, 30.3.2001.