WRITTEN QUESTION P-2576/99 by Michael Cashman (PSE) to the Commission. Dietary and natural health products.
8. 8. 2000 EN Official Journal of the European Communities C 225 E/171 Answer given by Mr Byrne on behalf of the Commission (4 February 2000) The Belgian authorities were asked to send comments on the facts reported by the Commissionís food and veterinary office (FVO) in relation to a mission to Belgium on the protection of animals during transport. Although a reminder was sent and a new date of 30 August 1999 was fixed by which the authorities were to inform the Commission of measures taken to rectify the deficiencies, a reply has still not been received. The Commission will shortly take a decision with regard to opening infringement proceedings under Article 226 (ex-Article 169)of the EC Treaty in respect of the reported breaches by Belgium of its obligations under Council Directive 91/628/EEC as amended by Directive 95/29/EC of June 1995, concerning the protection of animals during transport (1). Concerning the recommendations of the report of the FVO mission to Ireland on the protection of animals during transport carried out during 1998 and 1999, the Commission was informed by the Irish authorities that a programme would be initiated targeting in particular the deficiencies highlighted within the country. The Commission has not yet received this programme. The Commission has recently convened a new working group on the protection of animals during long distance transport which aims to consider all the problems involved in the enforcement of the relevant directives and possible solutions to these problems. Representatives of the authorities from Belgium and Ireland are both participating in this working group. (1) OJ L 148, 30. 6. 1995. (2000/C 225 E/189) WRITTEN QUESTION P-2576/99 by Michael Cashman (PSE) to the Commission (16 December 1999) Subject: Dietary and natural health products Could the Commission please indicate whether there is any intention to harmonise legislation with regard to dietary supplements and natural health products? Could the Commission also outline the differing positions of the Member States regarding the classification of health products as medicines? Answer given by Mr Liikanen on behalf of the Commission (12 January 2000) The Commission had intended to put forward a proposal for a Parliament and Council directive on food supplements containing vitamins and minerals early in the year 2000. The term ánatural health productí is not defined in Community legislation and the Commission has no intention to propose specific measures regarding these products. Existing Community pharmaceutical legislation makes no distinction between ánaturalí or ánon-naturalí products. According to Article 1 of Council Directive 65/65/EEC, of 26 January 1965 on the approximation of provisions laid down by law, regulation or administrative action relating to proprietary medicinal products (1), any substance or combination of substances presented for treating or preventing disease in human beings or animals shall be regarded as a medicinal product. Likewise, any substance or combination of substances which may be administered to human beings or animals with a view to making a medicinal diagnosis or to restoring, correcting or modifying physiological functions in human beings or animals, has to be considered a medicinal product. The decision whether a ánatural health productí falls under the above definition of medicinal product and therefore needs to be authorised as medicinal product must be taken by the national authorities on a case by case approach, taking into account both the ingredients and the presentation of a concrete áhealth productí. C 225 E/172 Official Journal of the European Communities EN 8. 8. 2000 It is up to the regulatory authorities in Member States to apply the above principles of Community pharmaceutical legislation and to take concrete decisions on authorisations and restrictions (e. g. medical prescription) for specific products. The Commission is not considering a proposal to change that approach. In the context of this question, the attention of the Honourable Member is also drawn to the answer already delivered by the Commission to Written Question P-2317/99 by Mr Fitzsimons (2) on regulatory control on herbal medicinal products in the Community. (1) OJ 22, 9. 2. 1965. (2) See page 97. (2000/C 225 E/190) WRITTEN QUESTION P-2577/99 by Alexander de Roo (Verts/ALE) to the Commission (16 December 1999) Subject: Transport of animals It is clear from recent television pictures of horse transport that the provisions of the Transport of Animals Directive are not being properly enforced in many Member States. The Commission has a duty to monitor the way that Member States are enforcing this Directive. However, for some years now, only one Inspector from the Food and Veterinary Office has been given this task. When will the Commission take its responsibilities in this area more seriously and increase the number of Inspectors to 12, as demanded by the Council of Agriculture Ministers in June 1995? Answer given by Mr Byrne on behalf of the Commission (27 January 2000) The Commission is aware of the problems in relation to animal welfare reported by different television broadcasters in Europe. Reports by its food and veterinary office (FVO) and complaints from various animal welfare organisations also indicate that problems continue to exist in this domain. The Commission fully shares the Honourable Memberís views on the importance of protecting animal welfare in the field of transport. The Commission is still in the process of recruiting inspection personnel and a number of new staff have specific responsibilities for monitoring the implementation of animal welfare legislation which applies in the Member States. The Commission is aware of the increasing importance attached to animal welfare by consumers and will continue to ensure that, amongst its other responsibilities, animal welfare will be given corresponding importance. Given the importance of the issue, inspectors take account of animal welfare issues during missions in Member States. The practice of performing combined inspections will increase the level of information available concerning the enforcement of Community legislation in this field