2.

Decides that the committee of inquiry shall: — investigate the alleged failure of the Commission to act upon the evidence of serious and systematic infringements of Regulation (EC) No 1/2005 which occur when animals are transported live across the Union and to third countries. The Commission has been regularly informed of the systematic and severe violations occurring during the transport of live animals. Since 2007, the Commission has received approximately 200 reports on breaches to Regulation (EC) No 1/2005. In 2016, the law firm Conte & Giacomini, acting on behalf of Animal Welfare Foundation/Tierschutzbund Zürich (AWF/TSB), issued a formal complaint to the Commission on the violation of Regulation (EC) No 1/2005 during the transport of animals from Europe to Turkey by road (4), calling on the Commission to open infringement procedures against the Member States involved in illegal practices, — investigate the alleged failure of the Commission to enforce effectively, and of Member States to implement and to enforce effectively, the provisions on space allowance and headroom laid down in Article 3, second paragraph, point (g), of, and in Chapter II, point 1.2, Chapter III, point 2.3, and Chapter VII of Annex I to, Regulation (EC) No 1/2005, — investigate the alleged failure of the Commission to enforce effectively, and of Member States to implement and to enforce effectively, the provisions on the approval of means of transport by road and of livestock vessels, laid down in Articles 7, 18 and 19 of Regulation (EC) No 1/2005, — investigate the alleged failure of the Commission to enforce effectively, and of Member States to implement and to enforce effectively, the provisions on watering and feeding laid down in Article 3, second paragraph, point (h), of, and in Chapter V, point 1.4, point 1.5 and point 2.1 (a) and (b), and in Chapter VI, points 1.3 and 2.2 of Annex I to, Regulation (EC) No 1/2005, — investigate the alleged failure of the Commission to enforce effectively, and of Member States to implement and to enforce effectively, the provisions on bedding laid down in Chapter II, point 1.1 (h) and point 1.5, and in Chapter VI, point 1.2, of Annex I to Regulation (EC) No 1/2005, — investigate the alleged failure of the Commission to enforce effectively, and of Member States to implement and to enforce effectively, the provisions on temperature and ventilation system laid down in Chapter II, point 1.1 (b), Chapter III, point 2.6, and Chapter VI, point 3.1, of Annex I to Regulation (EC) No 1/2005, — investigate the alleged failure of the Commission to enforce effectively, and of Member States to implement and to enforce effectively, the prohibition to transport unfit animals provided for in Article 3, second paragraph, point (b), of, and in Chapter I of Annex I to, Regulation (EC) No 1/2005, — investigate the alleged failure of the Commission to enforce effectively, and of Member States to implement and to enforce effectively, the provisions concerning the separation of certain animals laid down in Chapter III, point 1.12, of Annex I to Regulation (EC) No 1/2005, — investigate the alleged failure of the Commission to enforce effectively, and of Member States to implement and to enforce effectively, the additional provisions concerning long distance journey laid down in Article 14 of, and in Chapter VI of Annex I to, Regulation (EC) No 1/2005, — investigate the alleged failure of the Commission to enforce effectively, and of Member States to implement and to enforce effectively, the provisions concerning the checks to be carried out laid down in Article 15(2) and Article 21 of Regulation (EC) No 1/2005, — investigate the alleged failure of the Commission to enforce effectively, and of Member States to implement and to enforce effectively, the obligation of Member States’ competent authorities to, in case of infringements, take specific measures and notify the infringements, laid down in Article 26 of Regulation (EC) No 1/2005, — investigate the alleged failure of the Commission to enforce effectively, and of Member States to implement and to enforce effectively, the provisions concerning the obligation of the competent authority to prevent and to reduce delay during transport, and the appropriate measures to be taken in such case, laid down in Article 22 of Regulation (EC) No 1/2005 , — investigate the alleged failure of the Commission to enforce effectively, and of the Member States to implement and to enforce effectively, the provisions concerning the transportation of unweaned animals, laid down in Chapter V, point 1.4 (a), of Annex I to Regulation (EC) No 1/2005, — investigate the alleged failure of the Commission to enforce effectively, and of the Member States to implement and to enforce effectively, the provisions concerning the transport of live animals by the sea, including the loading practices and the structures on vessels, laid down in Articles 19, 20 and 21 of, and in Chapter II, points 1 and 3, Chapter III, point 1, and Chapter IV of Annex I to, Regulation (EC) No 1/2005, — investigate the alleged failure of the Commission to enforce effectively, and of the Member States to implement and to enforce effectively, the provisions concerning the means of transport laid down in Chapter II, points 1, 2 and 5, of Annex I to Regulation (EC) No 1/2005, — investigate the alleged failure of the Commission to enforce effectively, and of the Member States to implement and to enforce effectively the provisions concerning the handling of animals, including the loading and unloading operations, laid down in Article 3, second paragraph, point (e), of, and in Chapter III, points 1.2, 1.3, 1.4, 1.6, 1.7, 1.8, 1.9 and 1.11 of Annex I to, Regulation (EC) No 1/2005, — investigate the alleged failure of the Commission to enforce effectively, and of the Member States to implement and to enforce effectively, the provisions concerning the route planning and the journey log laid down in Article 5(4), Article 8, Article 14(1), points (a), (b) and (c), and Article 21(2) of, and in Annex II to, Regulation (EC) No 1/2005, — investigate the alleged failure of the Commission to enforce effectively, and of the Member States to implement and to enforce effectively, the provisions concerning the duties and obligations of Member States’ competent authorities laid down in Articles 10 and 13 of Regulation (EC) No 1/2005, — investigate the alleged failure of the Commission to enforce effectively, and of the Member States to implement and to enforce effectively, Regulation (EC) No 1/2005 outside the Union, in accordance with the judgment of the Court of Justice (Fifth Chamber) of 23 April 2015 in Case C-424/13; in its judgment, the Court of Justice recalled that Regulation (EC) No 1/2005 imposes severe obligations not only on transport of live vertebrate animals taking place entirely within the territory of the European Union, but also on transport operations having their points of departure within that territory and their destination in a third country. In the same judgment, the Court held that compliance should be ensured by Member States’ competent authorities when they authorise journeys taking place in third countries, — investigate potential breaches of the duty of sincere cooperation established in Article 4(3) of the Treaty on European Union that are relevant to the scope of the inquiry; to that end, assess, in particular, whether any such breach may arise from alleged failure to take appropriate measures to prevent the operation of modes of transport in such a way that the identity of their ultimate beneficial owners is hidden from the institutions of the Union, competent authorities, and other intermediaries, and violations to Regulation (EC) No 1/2005 are facilitated, — investigate the alleged failure of the Commission to facilitate the OIE mission of implementing international standards on animal welfare during transport, — investigate the alleged failure of the Commission to respect the Union’s trade values enshrined in the new EU trade strategy ‘Trade4All’, especially in relation to the horrendous transport practices documented in third countries, which are critical, not only from an animal welfare point of view, but also in terms of food security and public health, — make any recommendation that it deems to be necessary in this matter, including in respect of the implementation, by Member States, of the above-mentioned judgment of the Court of Justice;