WRITTEN QUESTION E-0310/03

by Michl Ebner (PPE-DE) to the Commission

(10 February 2003)

Subject: Animal protection and the humane treatment of animals

Cases have been reported of animals being inhumanely treated in Greece, an EU Member State: for no obvious reason, cows and other farm animals are apparently being kept in pastures with two of their legs bound together.

The amendment to item 8 of the Annex to Directive 91/629/EEC(1) under which calves may not be tethered, applies only to calves kept in livestock buildings. Do any legal provisions exist on this matter covering farm animals in pastures? If so, do they provide for any arrangements allowing animals, particularly in warm southern regions, to protect themselves from the sun? Do any rules exist to ensure that animals are supplied with water?

Will the Commission also say whether the provisions governing the transportation of farm animals, in particular vertebrate animals, are being respected? Scientific studies show that animals suffer particularly high levels at stress during loading and unloading. Are Community criteria governing staging points in Annex I of Council Regulation (EC) No 1255/97(2) of 25 June 1997 concerning Community criteria for staging points and amending the route plan referred to in the Annex to Directive 91/628/EEC(3) being respected? To what extent are the reports submitted to the Commission by Greece, an EU Member State, on the humane treatment of farm animals satisfactory?

(1) OJ L 340, 11.12.1991, p. 28.

(2) OJ L 174, 2.7.1997, p. 1.

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

Answer given by Mr Byrne on behalf of the Commission

(9 April 2003)

At Community level there is no specific legislation in place for the protection of cows. However, they are covered by Council Directive 98/58/EC of 20 July 1998 concerning the protection of animals kept for farming purposes(1). Article 3 of that Directive provides that: Member States shall make provision to ensure that the owners or keepers take all reasonable steps to ensure the welfare of animals under their care and ensure that these animals are not caused any unnecessary pain, suffering or injury. Number 7 of the Annex to the Directive stipulates that the freedom of movement of an animal, having regard to its species and in accordance with established experience and scientific knowledge, must not be restricted in such a way as to cause it unnecessary suffering or injury and that where an animal is continuously or regularly tethered or confined, it must be given the space appropriate to its physiological and ethnological needs in accordance with established experience and scientific knowledge. Furthermore, the Directive requires that animals not kept in buildings shall where necessary and possible be given protection from adverse weather conditions [] (number 12 of the Annex) and that all animals must have access to a suitable water supply or be able to satisfy their fluid intake needs by other means. (number 16 of the Annex).

Moreover, the Community and its Member States are contracting parties of the Council of Europe's Convention for the Protection of animals kept for farming purposes. Under this Convention a Recommendation concerning cattle has been adopted.

At the Agriculture Council meeting of January 2001 the Commission presented a report on the experience acquired by Member States with the application of Directive 91/628/EEC(2) on animal transport. This document has also been submitted to the Parliament. The report identifies major shortcomings in enforcement of the legislation by national authorities. The Commission concludes that improvements both in the legislation and in its enforcement by Member States are necessary.

Furthermore, the Food and Veterinary Office carries out regularly inspections on the application of the Community animal welfare legislation. The results of these missions are publicly available on the Internet. Regrettably these reports continue to indicate in respect of Greece deficiencies in applying and enforcing Community legislation in this domain.

Greece has not fully complied with its reporting obligations concerning the inspections carried out to check compliance with the provisions of Directive 98/58 for the 2000-2001 period as provided by Commission Decision 2000/50/EC of 17 December 1999, concerning the minimum requirements for the inspection of holdings on which animals are kept for farming purposes(3). The Commission has reminded Greece of its obligation in this regard and if necessary will consider initiating infringement proceedings in accordance with Article 226 of the EC Treaty.

(1) OJ L 221, 8.8.1998, p. 23.

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

(3) OJ L 19, 25.1.2000, p. 51.