Conclusion of appeal proceedings Nos. 98/4010 and 98/4826

27.8.2002

WRITTEN QUESTION E-2470/02
by Gerhard Hager (NI)
to the Commission

A ruling is to be made in cases 98/4010 and 98/4826 pending before the Commission as to the compatibility with EU law of national provisions laying down restrictions for the protection of races of bees. The Commission announced in September 2001 that these cases would be concluded by the end of 2001, yet proceedings are still under way.

 

The government of the province of Lower Austria intends to use the Commission's decision as a basis to amend the law on bee-keeping. In view of the uncertainty of the legal situation as long as the above cases have not been concluded, there is a risk of persistent crossbreeding with detrimental consequences for bee-keeping.

 

- How does the Commission justify the lengthiness of the proceedings in the above cases?

 

- Does the Commission consider that the cause of the delay in concluding the proceedings is a conflict of competence between the Agriculture DG and the Health and Consumer Protection DG? Which Directorate-General is responsible for settling these cases?

 

- When will the Commission take a decision in the above cases?

 

- Is the Commission aware of the judgment of the Court of Justice in a similar case, C-67/97 of 3 December 1998, that restrictions for the protection of races of bees were justified? What is the Commission's view of the possible application of Court of Justice case-law to the cases in question?

OJ C 52 E, 06/03/2003