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Select Committee on European Legislation Tenth Report
TRANSMISSIBLE SPONGIFORM ENCEPHALOPATHIES: CONTROLS ON CATTLE, SHEEP AND GOATS |
1.1 We considered this proposal
on 11 December on the basis of an Explanatory Memorandum, as the
official text was not then available. The proposal was to prohibit
certain tissues from sheep and goats from the food chain on the
grounds that no Member State or Third Country could demonstrate
freedom from all transmissible spongiform encephalopathies. Action
would be required in all Member States and also on all imports
into the Community. The Minister said that the proposal went
beyond the current UK legislation in relation to sheep and goats,
but gave no indication was given of the cost to the industry of
compliance, or of the practicability of enforcement.
1.2 We raised a number of
points with the Government, including the legal procedure for
the proposal's adoption. The proposal had gone to the Council
only because there had been no agreement in the Standing Veterinary
Committee. We judged that a proposal put directly to the Council
under Article 43 would have been more appropriate, because the
Commission considered that the main requirement for the measure
was to introduce uniform rules throughout the Community in order
to safeguard the single market for cattle, sheep and goats. We
raised questions on the justification for the measures, which
went further than the scientific advice from the SEAC Committee[3].
We also queried whether the powers were strictly necessary, in
that no cases of "BSE" in sheep or goats had yet been
detected in a natural environment; and we queried the practicabilities
of enforcement, and the cost.
1.3 In a letter of 16 December
1996 the Minister of State, Mr Baldry told us that the Government
intended to support the Commission proposal for Community-wide
controls at the Council on 16-17 December. His letter did not,
however, deal with the questions we raised, other than to say
that "our legal experts have considered the points you made
in relation to the legal basis for the decision and they are satisfied
that the correct procedures have been followed as provided for
in Community law". He assured us that he would respond on
the detailed points on enforcement and costs as soon as possible.
He also undertook to deposit the text of the proposal for the
Council's decision, which has now been done.
1.4 In a further letter of
14 January 1997, the Minister of State reports that the Council
failed to agree on the proposal, which was rejected by a simple
majority. He indicates that the Commission is considering making
further proposals which would go for "Commission decision"
and would come to the Council only if the Standing Veterinary
Committee failed once again to agree. He stated that his legal
experts considered that Commission action was appropriate because
other Member States had adopted unilateral measures against imports.
It is not however clear whether measures relating to imports
from Third Countries (as covered by the proposed Council decision)
should be treated in the same way as matters relating to the internal
market. The Minister's letter does not deal with the other points
raised by us.
1.5 At the time of the
December Council on 16-17 December we had a number of questions
outstanding on this proposal, relating to the legal procedures,
and to the justification, practicability and enforcement of the
measures. The Minister's letter of 16 December responded only
on the legal point. Although the Council rejected the proposal,
it is clear that the matter is still in play and may well come
back to the Council if and when the Commission puts forward a
further proposal. We are still waiting for answers to our questions
on enforcement and costs, and are not clearing the document at
this stage. 2 (17713) SEC(96)2300; see HC 36-vii (1996-97), paragraph 3 (11 December 1996). Back 3 The Spongiform Encephalopathy Advisory Committee (SEAC) is an expert committee which advises UK Ministers. Back |
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| © Parliamentary copyright 1997 | Prepared 31 January 1997 |