Background information : 02-09-96
A six-point guide to the Temporary Committee of Inquiry into BSE
BACKGROUND NOTE
Brussels, September 2, 1996
A six-point guide to the Temporary Committee of
Inquiry into BSE
The constituent meeting of the Temporary Committee of Inquiry into bovine spongiform
encephalopathy (BSE) will take place at 3.00 pm, Tuesday, 3 September 1995 at the EP (Room BEL
62 + and relayed to BEL 61). The committee will elect its chairman and appoint a rapporteur. It will
start work immediately: statements will be made by Ivan YATES, President-in-Office of the
Agriculture Council and Commissioner Franz FISCHLER.
Terms of reference of the Committee of Inquiry
In accordance with the resolution adopted by the Plenary on 18 July 1995, the Committee of Inquiry
is charged with investigating alleged contraventions or maladministration in the implementation of
Community law in relation to BSE, without prejudice to the jurisdiction of the national and Community
Courts.
It will recommend improvements as regards in particular:
- the transparency of the policy to combat BSE through the widest possible dissemination of
relevant research data and findings;
- the procedures for monitoring the ban on exports of the products in question;
- the adoption of all relevant measures for the protection of public health and the restoration of
the smooth operation of the markets.
There are a number of legal actions relating to the export ban, viz:
- an action for annulment C-180/96, brought in the Luxembourg Court by the United Kingdom
against the Commission, supported by the Council (by order of 12 July 1996, the Court rejected
an application C-180/96R for suspension of implementation of the ban;
- an action for annulment T-76/96, brought in the Court of First Instance (CFI) by the National
Farmers Union and others, supported by the United Kingdom, against the Commission;
- a reference to the Court for a preliminary ruling C-157/96 in connection with a case before the
High Court of Justice, Queen's Bench Division brought by the National Farmers Union and
others against the Ministry of Agriculture, Fisheries and Food concerning the measures taken
by the Ministry's departments in implementing the export ban of 27 March 1996;
- an action T-53/96 brought in the Court of First Instance by a French trade union against the
Commission and apparently relating to compensation for damage to the market as a result of
the BSE crisis.
The Committee of Inquiry is required to submit its report by 17 November 1996 (within three months
of publication of the decision in the Official Journal).
Bovine spongiform encephalopathy (BSE)
Transmissible spongiform encephalopathies are diseases associated with a transmissible agent, the
nature of which is not yet fully understood. The most frequent hypothesis is that of a prion. It has the
characteristics of a virus but is exceptionally resistant to heat, ultra-violet and ionizing radiation and
chemical disinfectants.
BSE is a transmissible spongiform encephalopathy in cattle and was first identified in the United
Kingdom in 1986. The disease leads to dementia and death of the infected animals. The
epidemiological studies available point in most cases to possible exposure to animal protein
products obtained from rendering plants. The epizootic may have been caused by offal from sheep
infected with scrapie (a disease found in sheep for many years) or offal from cattle infected with
BSE. On 29 August 1996 the number of confirmed cases broken down by country was as follows
(Source: UK Ministry of Agriculture, Fisheries and Food):
Great Britain 162 796
Northern Ireland1 716
Isle of Man408
Channel Islands729
Switzerland224
Ireland140
Portugal44
France25
Germany4
Italy2
Oman2
Canada1
Denmark1
The Falklands1
(Non-UK figures should be used as guide only).
Cases of BSE have even been found in animals born after the United Kingdom banned the use of
offal in the production of ruminant feed in 1988; such cases are referred to as BAB (born after ban)
animals and are probably due to the fact that stocks of bonemeal were still used after the ban.
Following the introduction of a whole series of measures by the British authorities, the disease now
seems to be on the decline in the United Kingdom with fewer than 1 000 suspected cases per month
now, as against 3 000 cases a month at the end of 1991.
However, in a statement made on 29 July 1996 the United Kingdom BSE advisory committee
admitted that the disease could be transmitted vertically (from cow to calf).
Creutzfeld-Jacob disease (CJD) and its new strain (V-CJD)
CJD is an incurable and fatal neurological disease which affects humans. It belongs to the family of
human spongiform encephalopathies which also includes kuru and two rare genetic diseases.
Classic CJD presents in three different forms:
- sporadic (85% of cases);
- genetic (10% of cases);
- iatrogenic transmission (transmission by infected human tissue).
It almost always affects the elderly (mean age 65). Death occurs within four to six months of the
appearance of symptoms of the disease. The scientific data available so far does not establish a link
between classic CJD and BSE.
Between March 1995 and January 1996 the CJD Surveillance Unit in Edinburgh reported ten cases
of a new strain of the disease affecting young patients (average age 26). In this new strain, death
occurs on average thirteen months after appearance of the disease.
The United Kingdom's BSE advisory committee has considered these cases and on 20 March 1996
it concluded that although there is no direct proof of a link on the basis of the current data and in the
absence of any credible alternative, 'the most likely explanation' for the time being is that these
cases are linked to exposure to BSE before the ban on specified bovine offal in 1989.
This announcement by the United Kingdom on 20 March triggered an unprecedented crisis of
confidence in beef among European consumers. Their concern was further fuelled by the large
number of incomplete and contradictory reports which followed. It is with the aim of clarifying these
reports and the scientific data available that the EP has decided to set up the temporary committee
of inquiry into BSE.
The EP - an effective watchdog
The EP has kept a very close eye on the BSE affair, tabling oral questions and resolutions since
1990. It is particularly concerned about public health and has recently adopted a whole series of
resolutions calling for complete openness about BSE and condemning the evident lack of
determination shown by the Commission and the Member States in tackling the crisis.
The Committee on the Environment, Public Health and Consumer Protection and the Committee on
Agriculture and Rural Development also held a joint hearing on 24 and 25 June 1995, at which
members recommended the setting-up of a committee of inquiry (please see Info memo dated 25
June 1995).
Powers of the Committee of Inquiry
This is the second time that the EP has set up a temporary committee of inquiry since it was
empowered to do so by the change to the Treaty made at Maastricht. The first temporary committee
of inquiry has been looking into fraud in community transit since January of this year. Subsequent
changes made to the EP's Rules of Procedure stipulate that alleged contraventions of Community
law or alleged maladministration may be the act of an institution or body of the European
Communities, of a public administrative body of a Member State, or of persons empowered by
Community law to implement that law.
The committee of inquiry has powers of investigation and its procedures are similar to those of the
Community's judicial bodies. The new text of the Rules of Procedure also contains a series of
provisions to ensure that the committee's work is confidential.
Any person called to give evidence before a temporary committee of inquiry may claim the rights they
would enjoy if acting as a witness before a tribunal in their country of origin. At any time, a person
giving evidence may ask for the proceedings to be held in camera, or this may be done at the
initiative of the committee itself.
Composition
The EP decision was that the temporary committee of inquiry should consist of 19 members, namely:
PSE Group: Mr Giulio FANTUZZI (I), Mr José HAPPART (B), Mr André LAIGNEL (F), Mr Manuel
MEDINA ORTEGA (E), Mrs Dagmar ROTH-BEHRENDT (D), Mr Philip WHITEHEAD (UK).
PPE Group: Mr Jean-Pierre BEBEAR (F), Mr Reimer BÖGE (D), Lord PLUMB (UK), Mrs Encárnación
REDONDO JIMENEZ (E), and Mr Antonios TRAKATELLIS (GR)
UPE Group: Mr Giacomo SANTINI (I) and Mr Philippe MARTIN (F)
ELDR Group: Mr Niels Anker KOFOED (DK)
GUE/NGL Group: Mr Salvador JOVE (E)
Green Group: Mr Friedrich-Wilhelm GRAEFE zu BARINGDORF (D)
ARE Group: Mr Noël MAMERE (F)
EDN Group: Mr des PLACES (F)
Non-attached: Mr Jean-Claude MARTINEZ (F)
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