92001E0098

WRITTEN QUESTION E-0098/01

by Rosa Miguélez Ramos (PSE) to the Commission

(29 January 2001)

Subject: BSE: incinerators

As a result of the measures adopted by the European Union in response to the emergence of further and in some instances the first cases of BSE in various European countries, the authorities find themselves faced with the need to take drastic measures to tackle this serious problem, with a view to protecting consumer health and containing the spread of the epidemic.

Of the measures adopted, the one which is apparently proving most problematic especially in those Member States where the first cases of BSE have surfaced concerns the transportation and subsequent destruction of risk material.

Incinerators have been unable to cope with the large number of cattle earmarked for slaughter in keeping with recent decisions by the Council of Ministers. Moreover, there would appear to be no easy means of transporting animals for slaughter.

In view of the justifiable public alarm that this issue has generated amongst consumers and cattle farmers who in many instances are not only losing their cattle but are also having to bear the cost of the transportation and subsequent slaughter thereof what procedures does the Commission intend to introduce to enable compliance with European rules on the mandatory requirement that SRM which is to be disposed of is properly incinerated and transported?

Answer given by Mr Byrne on behalf of the Commission

(13 March 2001)

According to Commission Decision 2000/418/EC of 29 June 2000 regulating the use of material presenting risks as regards transmissible spongiform encephalopathies (BSE) and amending Decision 94/474/EC(1), specified risk material (SRM) shall be completely destroyed by:

- incineration with or without pre-processing,

- co-incineration with pre-processing,

- burial in an approved landfill site after pre-processing of at least 133° C for 20 minutes at 3 bars of pressure.

Point 4 of Annex I to this Decision establishes that Member States may allow the burial of SRM in the circumstances set out in Article 3(2) of Council Directive 90/667/EEC of 27 November 1990 laying down the veterinary rules for the disposal and processing of animal waste, for its placing on the market and for the prevention of pathogens in feedstuffs of animal or fish origin and amending Directive 90/425/EEC(2) and by a method which precludes all risk of transmission of a transmissible spongiform encephalopathy (TSE) and is authorised and supervised by the competent authority.

Commission experts carry out regular on-the-spot checks in all Member States to verify the correct implementation of Community legislation on BSE and related matters, including the above mentioned legislation on SRM.

In cases where, after establishing the facts, it appears to the Commission that a Member State is not fulfilling its obligations, the Commission is prepared to take all necessary action within its power to ensure that Community law is respected. In appropriate cases this action would include the opening of infringement proceedings under Article 226 (ex Article 169) of the EC Treaty.

(1) OJ L 158, 30.6.2000. Decision last amended by Commission Decision 2001/2/EC of 27 December 2000 (OJ L 1, 4.1.2001).

(2) OJ L 363, 27.12.1990.