92002E2207

WRITTEN QUESTION P-2207/02

by Bill Newton Dunn (ELDR) to the Commission

(12 July 2002)

Subject: Cruel treatment of animals at livestock markets in Belgium

The Commission is aware of several serious allegations of breaches of the Animal Transport Directive at livestock markets in Belgium and has indicated that it is investigating the matter. However, while it assumes responsibility for animal welfare on farm, during transport, and during slaughter, the Commission maintains that the general protection of animals from cruel treatment remains a matter for national authorities. This implies that evidence of cruelty to livestock when the animals are still in the hands of the transporter will lead to infringement proceedings, whereas cruelty to animals at other times is technically permissible. Does the Commission consider that this indicates inconsistency in its commitment to animal welfare?

If the Commission feels that, from a public and animal health perspective, cruelty to animals in these specific circumstances (during rearing, transport, and slaughter) is sufficiently important to merit legislation, why is it not possible to extend the existing regulations to treatment of animals at any stage in their lives?

Respect for animal welfare was enshrined in the Treaty of Amsterdam as part of Community policy on agriculture, transport, the internal market and research. This appears to be interpreted as applying to animal welfare protection on farm and at slaughter, but not during sale. Does the Commission have any plans to extend the interpretation to bring livestock markets under Community legislation on treatment of animals?

Joint answerto Written Questions E-2161/02, P-2207/02 and E-2244/02given by Mr Byrne on behalf of the Commission

(23 September 2002)

The establishment of rules to prevent maltreatment of and cruelty to animals is an area where competence of the Community is limited. The Community has no general power to regulate animal welfare. However it can regulate this matter either where differing national welfare rules risk distorting competition in the internal market, or in relation to a sector (such as agriculture) where it has more extensive regulatory powers.

In this framework, the Commission is committed to use its powers to help stop unacceptable animal welfare practices.

Concerning the case mentioned by the Honourable Members, infringement proceedings under Article 226 of the EC Treaty have been initiated against the Belgian authorities with regard to the inadequate implementation of Community legal provisions on animal welfare. As part of this process, several inspections by officials of the Commission's Food and Veterinary Office took place in Belgium regarding the implementation of European legislation on animal protection on farm, transport and slaughterhouses. This included livestock markets. The findings and recommendations arising from these inspection visits have been published on the Internet(1).

The experience of recent years has shown that there is a need to improve animal welfare in livestock markets. A forthcoming Commission proposal concerning the protection of animals during transport, will cover this area. The intention of such legislation is to ensure that Member States take the appropriate measures to ensure that animal welfare considerations are an integral part of the operation of livestock markets. It is not feasible, however, that the Commission assume responsibility for the supervision of such operations. This role is appropriate to the Member States both in keeping with the principle of subsidiarity and the resource limitations of the Commission.

(1) http://europa.eu.int/comm/food/fs/inspections/index_en.html.