WRITTEN QUESTION E-3840/00

by Raina Echerer (Verts/ALE) to the Commission

(7 December 2000)

Subject: Directive 91/628/EEC

The Commission has received a massive amount of information during the last ten years about the failure by several Member States to implement Directive 91/628/EEC(1) on the transport of animals. This information has been produced by, among others, the European Parliament, national Member States' administrations, NGOs and the Commission itself (Directorate for Health and Consumer Protection).

1. Can the Commission explain why the Commission considers it unnecessary in this respect to apply its supervisory function by avoiding the opening of any infringement proceedings against the Member States which are not fulfilling the provisions of Directive 91/628/EEC?

2. Regarding Italy, the Commission, answering to two written questions submitted by MEP Gianni Tamino and MEP Caroline Lucas, stressed the existence of a situation requiring the opening of infringement proceedings against this Member State. Can the Commission explain why up to now no letter of formal notice has been sent to Italy?

(1) OJ L 340, 11.12.1991, p. 17.

Answer given by Mr Byrne on behalf of the Commission

(7 March 2001)

1. The Commission can confirm that it receives a considerable amount of correspondence from animal welfare societies and individual citizens alleging that Member States are not complying with their obligations under 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 Council Directive 95/29/EC of 29 June 1995(2).

Some Member States also communicate information to the Commission concerning alleged infringements occurring in other Member States. Member States are obliged to communicate this information in some circumstances (Article 18.3 of the Directive). In cases where it appears clear that there is some justification for the complaint the Commission normally intervenes with the Member State concerned.

Furthermore, where it appears that the complaint indicates serious shortcomings in relation to enforcement of the requirements of the Directive by a Member State, the Commission's Food and Veterinary Office (FVO) may examine the situation in the Member State during one of its periodic inspection missions to that Member State.

Where following Commission intervention it appears that a Member State is not prepared to take the necessary action to rectify the deficiencies concerned or that the action taken has been inadequate or ineffective the Commission is prepared to consider the opening of the infringement procedure under Article 226 (ex Article 169) of the EC Treaty.

Several such procedures have been opened in relation to Directive 91/628/EEC.

2. The Commission has kept the situation in Italy under close observation and has intervened frequently with the authorities of that Member State on animal transportation issues. Several FVO missions have been organised including multiple visits to the sites where particular animal welfare deficiencies have been recorded.

The situation has been complicated because many of the particular problems have arisen in connection with animals arriving in Italy, from third countries or in transit through Italy bound for third country destinations.

A further inspection has recently taken place and a report will issue shortly on its findings. In the light of this report the Commission will, in the near future, take a decision as to whether to open the Article 226 (ex Article 169) procedure of the EC Treaty.

(1) OJ L 340, 11.12.1991.

(2) OJ L 148, 30.6.1995.