WRITTEN QUESTION P-1386/02

by Patricia McKenna (Verts/ALE) to the Commission

(6 May 2002)

Subject: Trade in horses

A trade in live horses has been operating on an ongoing basis between Ireland and the UK. It appears that this trade operates outside the law and flouts EU rules on live animal transport. Indeed, while officially horses need passports or ID Marking sheets to travel out of the state, in this case only a welfare certificate is issued at the exit port.

Is the Commission aware of this live export trade of horses for slaughter between Ireland and the UK and was this the subject of an investigation by a Food and Veterinary Office (FVO) team in the past?

Has the Commission issued warnings to Ireland for failing to comply fully with the transport of live animals directive and would the Commission investigate this matter and send an inspection team as soon as possible?

Would the Commission penalise Ireland for failing to comply with EU law on this aspect of the live animal transport directive?

Answer given by Mr Byrne on behalf of the Commission

(10 June 2002)

With reference to the questions raised by the Honourable Member, the Commission would like to draw attention to Council Directive 90/426/EEC of 26 June 1990 on animal health conditions governing the movement and import from third countries of equidae(1), as last amended by Commission Decision 2002/160/EC of 21 February 2002(2).

In accordance with Article 8 (1) second indent of that Directive, equidae (other than registered equidae, i.e. equidae for breeding and production and equidae for slaughter), must be accompanied during transportation by an animal health certificate complying with the model in Annex C to that Directive, as amended.

In accordance with Article 6 of Directive 90/426/EEC Member States may grant each other derogations from the provisions of the second indent of Article 8 (1), i.e. certification, on a reciprocal basis, provided that an alternative control system is implemented which provides guarantees equivalent to those laid down in Article 4 (5), which refers to holdings freedom from specific diseases, as regards the movement within their territory of equidae and registered equidae, in particular by means of identification documents.

The Commission is aware that such derogations are applied for movement of equidae between the tripartite countries France, Ireland and United Kingdom, and that in particular no certification of the animal health status is required for equidae moving between Ireland and the United Kingdom. In accordance with Commission Decision 2000/68/EC of 22 December 1999 amending Commission Decision 93/623/EEC and establishing the identification of equidae for breeding and production(3) all equidae must be accompanied during their movement by an identification document, and in particular if destined for slaughter. The latter is a requirement to ensure proof that veterinary medicinal treatment had not been carried out by use of unauthorized medicinal products.

Where Member States grant each other the derogation provided for in Article 6 of Directive 90/426/EEC, the measures must be applied without prejudice to the animal welfare requirements laid down in Decision 2002/298/EC(4), i.e. certification of fitness to travel.

Furthermore, in the case of movement of equidae other than registered equidae from one Member State to another, the movement must be recorded in the computerised Animal Movement information system ANIMO, in order to ensure the traceability of the animals concerned.

Movement of equidae between Member States has not been a specific subject of a veterinary inspection mission of the Food and Veterinary Office (FVO). However, the last FVO mission to Ireland on the subject of animal welfare during transport (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(5)) took place in March 1999 (see report XXIV/1491/98 available on Directorate General for Health and Consumer Protection's website)6(6).

The FVO plans to carry out a follow-up mission to Ireland on the same legal basis in the second half of 2002. In addition, the Commission services in charge of public and animal health and animal welfare will inquire with the competent authorities of the United Kingdom and Ireland on the controls carried out within the framework of Council Directive 90/426/EEC and will report the findings directly to the Honourable Member of the European Parliament.

(1) OJ L 224, 18.8.1990.

(2) OJ L 53, 23.2.2002.

(3) OJ L 23, 28.1.2000.

(4) OJ L 102, 12.4.2001.

(5) OJ L 340, 11.12.1991.

(6) http://europa.eu.int/comm/dgs/health_consumer/index_fr.htm.