WRITTEN QUESTION E-1642/99

by Monica Frassoni (Verts/ALE) to the Council

(22 September 1999)

Subject: Implementation of Directive 95/29/EC and Regulation (EC) 411/98 in Italy

Directive 95/29/EC(1) and Regulation (EC) 411/98(2) lay down rules governing the issuing of authorisation for the transport of animals and specific requirements regarding the means to be used. Article 37 of the Italian law on veterinary standards (D.P.R. 320/54) provides for annual renewal of this authorisation.

1. Is the authorisation under the directive in question to be considered as open-ended?

2. Should the structural requirements relating to the means of transport be checked and, if so, how often?

(1) OJ L 148, 30.6.1995, p. 52.

(2) OJ L 52, 21.2.1998, p. 8.

Joint answer to Written Questions E-1641/99, E-1642/99 and E-1643/99

(24 January 2000)

Directive 95/29/EC(1) amended the rules on the protection of animals during transport laid down in Council Directive 91/628/EEC(2). Article 13(1) of the original Directive required the Commission to submit a report, possibly accompanied by proposals, on maximum journey times, feeding and watering intervals, resting periods, space allowances and the standards to be met by means of transport as regards the transport of certain types of animal.

The second recital of Directive 95/29/EC states that the report from the Commission, based on an opinion from the Scientific Veterinary Committee, shows that standards can be established on the abovementioned matters in respect of certain types of animal, based on scientific knowledge and well established experience.

As clearly indicated in the fourth recital, the Council was guided by the objective of harmonising travelling times and resting periods, feeding and watering intervals, and space allowances, for certain types of animal, to make it possible in the context of the internal market, to eliminate technical barriers to trade in live animals and to allow the market organisations in question to operate smoothly, while ensuring a satisfactory level of protection for the animals concerned.

On the basis of these factors, the Council adopted in particular provisions:

- with which the Member States must comply as regards the transport of domestic solipeds (Annex, Chapter VII, point 4(c) of Directive 91/628/EEC as amended by Directive 95/29/EC);

- with which all transporters wishing to transport animals must comply, including the requirements for issuing an authorisation (Article 5 of Directive 91/628/EEC as amended by Directive 95/29/EC; additional animal protection standards, applicable to road vehicles used for the carriage of livestock on journeys exceeding eight hours, are laid down in Regulation (EC) No 411/98)(3);

- relating more specifically to the drawing up of a route plan by the transporter to accompany the consignment (in particular section A.2(b) of the abovementioned Article 5, for transport on

Community territory, and Article 11(2) of Directive 91/628/EEC, as amended by Directive 95/29/EC, for imports from third countries).

Beyond the references to the legislation cited above, the Honourable Member will agree that is not the role of the Council to interpret its own acts or to monitor their application by the Member States, these being powers which the Treaty confers on the Court of Justice and the Commission respectively.

(1) OJ L 148, 30.6.1995, p. 52.

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

(3) OJ L 52, 21.2.1998, p. 8.