# CE2004088EN.01071601.xml

| 8.4.2004 | EN | Official Journal of the European Union | CE 88/716 |
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8.4.2004

EN

Official Journal of the European Union

CE 88/716

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(2004/C 88 E/0736)

WRITTEN QUESTION E-0901/04

by Graham Watson (ELDR) to the Commission

(24 March 2004)

Subject:   The treatment of animals in livestock markets

Subject:

Could the Commission please advise what infringement proceedings under Article 226 of the Treaty have been initiated against Member States with regard to inadequate implementation of EU legal provisions on animal welfare?

Answer given by Mr Byrne on behalf of the Commission

(22 April 2004)

(22 April 2004)

The treatment of animals in livestock markets is only governed by Community Law currently in force to the extent that it falls within Council Directive 91/628/EEC of 19 November 1991 on the protection of animals during transport (1) as amended by Directive 95/29/EC (2).

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Transport of the animals to, and unloading them at, the market would be covered if the journey to the market was more than 50 kilometres but once the animals pass out of the control of the transporter the Directive does not deal with their situation until loading for the journey from the market commences.

The Commission's proposal for a new Regulation on the protection of transported animals aims, in particular, to extend the protection afforded by Community Law to animals at markets. Personnel handling animals at markets would have to receive the necessary training. Livestock market operators would be responsible for ensuring that the welfare of the animals was respected during their stay at the market including during loading and unloading. Market operators would also be responsible for the introduction and monitoring of the appropriate procedures to ensure respect of the relevant rules on their premises.

Infringement proceedings were opened against Belgium in the year 2000 in connection (inter alia) with serious animal welfare deficiencies in relation to loading and unloading of animals at a livestock market.

Following further incidents, Belgium modified its legislation and adopted strict enforcement procedures including prosecution of those alleged to be responsible for some of the incidents. Following reports of the Commission's Food and Veterinary Office (FVO), which indicated an improved situation, the Commission subsequently decided not to proceed further with the infringement action.

Other incidents concerning alleged mistreatment of animals in markets in some other Member States have also been brought to the attention of the Commission in recent years but following the intervention of the Commission's services, action was in most cases taken to improve the situation. It was not considered necessary to open infringement proceedings in relation to these incidents.

In relation to the Commission's general position on initiation of infringement proceedings in relation to breaches of Community animal welfare legislation, the Honourable Member is referred to the answer given to written question E-2884/02 of Mr Erik Meijer on 20 November 2002 (3).

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(1)  OJ L 340, 11.12.1991.

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(2)  OJ L 148, 30.6.1995.

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(3)  OJ C 155 E, 3.7.2003.

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