WRITTEN QUESTION No. 200/99 by Gianni TAMINO Derogations granted by Italy for slaughterhouses (SUPPLEMENTARY ANSWER)
C 370/24 Official Journal of the European Communities EN 21. 12. 1999 (1999/C 370/032) WRITTEN QUESTION E-0200/99 by Gianni Tamino (V) to the Commission (11 February 1999) Subject: Derogations granted by Italy for slaughterhouses Yet again the deadline for adapting slaughterhouses to health and hygiene standards has been extended by Article 48 of the 1999 ‘finance law’, this time until 31 December 1999. Slaughterhouses have still not complied with the provisions of Directives 91/497/EEC (1) and 91/498/EEC (2) of 29 July 1991, transposed into Italian law by Decree No 286 of 18 April 1994. This derogation has also been extended to the requirement that animals should be stunned prior to slaughter, as provided for in Directive 93/119/EEC (3) of 22 December 1993, transposed into Italian law by Decree No 333 of 1 September 1998. In reply to Written Question E-3274/97 (4), tabled at the time of the previous extension, the Commission said it would contact the Italian authorities in order to clarify the situation. Is the Commission aware of this situation and what is its opinion on the matter? If it ascertains a blatant breach of Community law, will it initiate infringement proceedings against Italy? (1) OJ L 268, 24. 9. 1991, p. 69. (2) OJ L 268, 24. 9. 1991, p. 105. (3) OJ L 340, 31. 12. 1993, p. 21. (4) OJ C 158, 25. 5. 1998, p. 75. Supplementary answer given by Mr Fischler on behalf of the Commission (6 May 1999) The time limits for slaughterhouses to adapt their establishments to the provisions of Council Directive 64/ 433/EEC of 26 June 1964 on health problems affecting intra-Community trade in fresh meat (1) on conditions for the production and marketing of fresh meat as amended by Council Regulation 91/497/EEC of 29 July 1991 on health problems affecting intra-Community trade in fresh meat to extend it to the production and marketing of fresh meat are laid down in Council Directive 91/498/EEC of 29 July 1991 on the conditions for granting temporary and limited derogations from specific Community health rules on the production and marketing of fresh meat. The application of the new rules of the above mentioned Directives in practice has shown difficulties for many establishments in the Member States. In consequence when Directive 64/433/EEC was amended by Directive 95/23/EC of 22 June 1995 on conditions for the production and marketing of fresh meat (2), the following provision was introduced. The competent authorities may allow a slaughterhouse which qualifies for a derogation in accordance with Article 2 of Directive 91/498/EEC and which can show, to the satisfaction of the competent authority, that it has begun to bring itself into compliance with the requirements of this Directive but which cannot, for reasons not attributable to it, meet the time limits originally laid down, the additional time essential in order for it to comply with them. After learning by the Honourable Member’s Written Question E-3274/97 (3) of the practice in Italy, the Commission contacted the Italian authorities for clarification. The Italian Ministry of health informed the Commission that they have granted by law additional time to slaughterhouses which did not yet comply with the provision. If this additional period is granted as a general derogation and not on a case by case decision, the intention of Directive 95/23/EC. An additional general prolongation until 31 December 1999, as has been granted now by Italy, can hardly be justified with ‘the additional time’ which may be granted according to Article 4a no 2 of Directive 64/433/EEC as amended by Directive 95/23/EC. Under these circumstances the Commission reserves the right to open infringement proceedings against Italy. it might be difficult to meet (1) OJ L 121, 29. 7. 1964. (2) OJ L 243, 11. 10. 1995. (3) OJ C 15, 25. 5. 1998