WRITTEN QUESTION E-3223/00

by Robert Evans (PSE) to the Commission

(17 October 2000)

Subject: Transport of animals and compliance with Council Directive 91/628/EEC

The Commission recently published a report on a mission to France in November 1999 concerning staging points for the long-distance transport of animals. The report stated that 40 % of the vehicles from another Member State which were due to stop at a French staging point failed to do so. The Commission also visited a port at which a ferry arrived carrying livestock vehicles from another Member State. The Commission found numerous irregularities in the vehicles' route plans. They also found that, out of seven vehicles whose route plans indicated they would rest the animals at a particular place, only three in fact did so.

Could the Commission ascertain:

1. the Member State from which the vehicles came in both of the above incidents, and

2. the steps which are being taken to persuade France and the other Member States to enforce EU law on the need for:

(a) route plans to include all the information required by Council Directive 91/628/EEC(1) and

(b) transporters to comply with their route plans and give animals the rest periods required by the Directive?

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

Answer given by Mr Byrne on behalf of the Commission

(16 January 2001)

During the mission of the Commission's Food and Veterinary Office (FVO) to France in November 1999, the findings at the French port and staging point, to which the Honourable Member refers, concerned transporters whose journeys originated in Ireland.

In its recommendations following this mission, the FVO asked the French authorities to inform the Commission of the action taken to ensure that route plans are properly used and signed. Although the French authorities have informed the FVO that they have addressed several of the recommendations of this report in the time laid down, the issue of route plans was not satisfactorily dealt with and the FVO has asked for further clarification on this point. The Irish authorities have been similarly informed of these findings and a meeting has been scheduled to discuss this issue.

The reports of the Food and Veterinary Office (FVO) indicate that, in general, the level of priority given to the control of route plans has not been high in many Member States. The central authorities of many Member States do not provide detailed instructions or particular assistance to local authorities in relation to the check of the route plans. The FVO has made it a priority to assess the control of route plans, during its missions in the field of animal welfare during transport and to make recommendations to the Member State concerned and to the Commission where appropriate.

Finally, the Commission has recently adopted a report on the implementation in the Member States of the Community legislation on the protection of animals during transport(1). This document is submitted to the Council and to the Parliament. The Commission intends to present proposals based on the conclusions of this report, which will include initiatives to address the problem of insufficient enforcement of the travelling time limits.

The failure of Member States to enforce essential provisions of the current Directive, Council Directive 95/29/EC of 29 June 1995 amending Directive 90/628/EEC concerning the protection of animals during transport(2), also constitutes a breach of Community Law which the Commission may, in appropriate cases, pursue under Article 226 (ex Article 169) of the EC Treaty. The Commission will consider taking action under Article 226 in the above case unless it is satisfied that adequate action has been taken by both Ireland and France to ensure respect of the Directive.

(1) COM(2000) 809 final.

(2) OJ L 148, 30.6.1995.