WRITTEN QUESTION E-1106/97 by Reino Paasilinna (PSE) to the Commission (21 March 1997)

Subject: EU support for the transport of live animals for slaughter

Live animals are currently transported for slaughter within the Member States of the EU, and especially towards countries outside the EU, under conditions which are often nothing short of terrible and are quite inhumane. A documentary produced by the German TV channel ZDF showed that the sheer torment inflicted on animals in transit is still going on.

The transport of live animals for slaughter on long journeys to countries outside the EU by various means of transport is indefensible either on humane or on economic grounds. Such transport of animals for slaughter under inhumane conditions takes place with EU support, thus giving rise to a continuing licence to torment animals in transit. Because the transport companies receive support, this torture has become economically viable.

In the light of the above, what measures does the Commission propose taking to put an immediate stop both to the transport of live animals for slaughter, and to EU support for such transport?

Answer given by Mr Fischler on behalf of the Commission (14 May 1997)

The Commission has become increasingly concerned about the welfare situation of animals traded between the Community and third countries following complaints received from animal welfare interests. Although the

Community has adopted various measures to protect transported animals both within its territory and also where part of the journey involves the territory of third countries, it cannot be denied that problems of inadequate enforcement by the authorities and inadequate respect of the rules by commercial operators have occurred.

Particular difficulties are involved in trade with third countries as, of course, Community Directives cannot directly apply within those countries.

Directive 91/628/EEC ((OJ L 340, 11.12.1991. )), as amended by Directive 95/29/EC ((OJ L 148, 30.6.1995. )) on the protection of animals during transport however, contains provisions designed to ensure the respect that transport operators transporting animals from the Community territory to third countries respect adequate welfare conditions for the animals. In particular the authorities of the exporting Member State must ensure that no animal shall be transported unless suitable provisions have been made for its care during the journey and on arrival at the place of destination. Under these provisions the authorities of a Member State should normally be able to ensure that the operator carrying out the export will be obliged to respect the provisions of the Directive throughout the journey and carry out the transport in lorries and vessels which are adequate for the purpose.

The transport operator must also provide a written undertaking to comply with the requirements of the Directive as far as the place of destination. The intention of this provision is that an operator who fails to comply with this legally binding undertaking may be prosecuted before a court or subjected to administrative penalties within a Member State.

The export of live bovine animals is a traditional trade and as internal prices are above the third country prices, an export refund can be payable. Export refunds have been paid since the beginning of the market organisation for beef in 1968. In certain third countries there is a specific demand for imports of live animals. If the Community does not offer live animals for sale, other countries will do so and the Community will lose that market.

Discussions have started with Member States concerning the necessary provisions for the withdrawal of the export refund from exporters, where it is shown that they have not fully respected the rules on the welfare of animals during transport. Such a measure would require an amendment of Council Regulation (EEC) No 805/68 ((OJ L 148, 28.6.1968. )) on the common organisation of the market. The Commission adopted a proposal on such a charge on 18 April 1997 and presented it to the Council ((COM(97)161. )).

Community policy aims to improve the enforcement and effectiveness of current rules where necessary rather than to impose a ban on these exports.