WRITTEN QUESTION E-3306/97 by Gianni Tamino (V) to the Commission (20 October 1997)

Subject: Failure by Italy to comply with the Directive on the protection of animals used for experimental and other scientific purposes

With reference to the Reply of 8 July 1997 to my Written Question E-1874/97 ((OJ C 45, 10.2.1998, p. 116. )) it should be noted that the information supplied by the Italian authorities concerning arrangements for regular checks of registers by the authorities relates to general provisions which are not supported by legislative acts.

In its Reply to Written Questions 2455/92 ((OJ C 141, 19.5.1993, p. 32. )) and 1747/93 ((OJ C 46, 14.2.1994, p. 34. )) the Commission states that the Italian Decree Law No 116 transposing Directive 86/609/EEC ((OJ L 358, 18.12.1986, p. 1. )) 'fails to comply with Article 17 of Directive 86/609/EEC and [the Commission] will communicate this to the Italian authorities'.

Following this communication, the Italian Ministry of Health drafted a Ministerial Decree, dated 22 December 1993, to remedy the deficiency but the decree has never entered into force.

Since no action has been taken to enforce Article 17 of Directive 86/609/EEC, does the Commission not agree that it should initiate infringement proceedings against Italy?

Answer given by Mrs Bjerregaard on behalf of the Commission (4 December 1997)

Regarding the Honourable Member's first point, the Commission does not find any generalities in the information supplied by the Italian authorities. As stated in the answer to the Honourable Member's Written Question E-1874/97, periodic inspection of records by the competent authorities (as required by Article 17 of Council Directive 86/609/EEC of 24 November 1986 on the approximation of laws, regulations and administrative provisions of the Member States regarding the protection of animals used for experimental and other scientific purposes) is carried out in Italy by the veterinary service of the local health department (U.S.L. - Unità Sanitarie Locali). It is the duty of the said service periodically to inspect breeding establishments and establishment supplying animals used for experimental purposes, under permanent veterinary supervision. These checks are governed by Article 24 of the Veterinary Policy Regulation, approved by Decree No 320 of 8 February 1954. In Italian law, regulations are subordinate to laws, but in the light of the constant case-law of the Court of Justice they satisfy the conditions for ensuring proper transposition of Community directives.

The abovementioned regulations are also taken up in two Explanatory Circulars (No 18 of 5 May 1993 and No 8 of 22 April 1994) on Decree Law No 116/92, which transposes Directive 86/609/EEC.

Regarding the second point, the fact that a ministerial decree has been drafted without ever having entered into force is irrelevant to the Commission's evaluation. When national legislation already complies with Community directives by virtue of acts introduced before those directives enter into force, no new act of transposition is required, and it is for the Member State to decide whether or not to adopt such an act.

On the basis of the foregoing, the Commission can find no infringement of Community law.