92000E2333

WRITTEN QUESTION E-2333/00

by Gunilla Carlsson (PPE-DE) to the Commission

(11 July 2000)

Subject: Transport of animals

In its reply to my former colleague, Ivar Virgin (Question H-0324/97)(1), the Commission admitted that animals were not being protected during transport. The Commission indicated that it was considering asking the Court of Justice to examine whether certain Member States were not implementing directives as required. What measures has the Commission taken against those Member States who are not complying with Community directives? Can the EU not terminate payment of subsidies to the offending carriers who mistreat animals and fail to abide by EU legislation?

(1) Debates of the European Parliament 4-500 (May 1997).

Answer given by Mr Byrne on behalf of the Commission

(28 September 2000)

Article 226 (ex Article 169) of the EC Treaty requires the Commission to give a Member State alleged to have committed an infringement of Community law the opportunity of submitting its observations before the Commission issues a reasoned opinion in accordance with that article. It is only after the failure of a Member State to comply with the Commission's reasoned opinion within the time specified that the matter may be taken before the Court of Justice.

The Commission has already opened infringement proceedings against several Member States for inadequate enforcement of the requirements of Council Directive 91/628/EEC of 19 November 1991 on the protection of animals during transport and amending Directives 90/425/EEC and 91/496/EEC(1) as amended by Directive 95/29/EC of 29 June 1995(2) The Commission will need to take a decision in the near future on the issue of a reasoned opinion in these cases.

Commission Regulation (EC) No 615/98 of 18 March 1998 laying down specific detailed rules of application for the export refund arrangements as regards the welfare of live bovine animals during transport(3) implementing Article 33 (9) of Council Regulation (EC) 1254/1999 of 17 May 1999 on the common organisation of the market in beef and veal(4) does link the payment of export refunds on live cattle to the observance of Council Directive 91/628/EEC during the journey up to the first place of unloading in the country of destination.

If exporters fail to respect the provisions of Regulation 615/98 in respect of specific export consignments, it is for the Member States to take the appropriate action in relation to any claims for export refunds.

(1) OJ L 340, 11.12.1991.

(2) OJ L 148, 30.6.1995.

(3) OJ L 82, 19.3.1998.

(4) OJ L 160, 20.6.1999.