WRITTEN QUESTION No. 3119/97 by Agnes SCHIERHUBER to the Commission. Ban on battery farms in some Austrian Länder
Date: 1997-10-13
Institutions: European Parliament, SCHIERHUBER
Subjects: Austria, application of EU law, egg, intensive livestock farming, national law, poultry, protection of animals, report, restriction on competition, scientific committee (EU)













EUR-Lex - 91997E3119 - EN






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91997E3119

WRITTEN QUESTION No. 3119/97 by Agnes SCHIERHUBER to the Commission. Ban on battery farms in some Austrian Länder  


Official Journal C 134 , 30/04/1998 P. 0088 





WRITTEN QUESTION E-3119/97 by Agnes Schierhuber (PPE) to the Commission (13 October 1997)Subject: Ban on battery farms in some Austrian LänderThe animal protection legislation in the Länder of Vienna, Tirol and Salzburg bans the keeping of laying hens in battery systems or provides for this method to be banned in the next few years.Because of market conditions, a ban on battery systems in these Länder leads to enormous distortions of competition and to distortion of trade flows.1. Does the Commission plan to repeal Directive 88/166/EEC ((OJ L 74, 19.3.1988, p. 83. )) and instead adopt a regulation to achieve uniform animal protection provisions in Europe?2. How does the Commission view the distortions of competition caused by a ban on battery systems in some regions?3. Does it consider that egg producers using battery systems in the Länder where there is provision for a ban are discriminated against with regard to the existing marketing standards for eggs?4. When the animal protection laws of Salzburg and Tirol were notified why did the Commission not object to the ban on the keeping of laying hens in battery systems contained in this legislation?Answer given by Mr Fischler on behalf of the Commission (7 November 1997)Article 9 of the Directive 88/166/EEC laying down minimum standards for the protection of laying hens in battery cages ((OJ L 74, 19.3.1988. )) requires the Commission to submit a report on scientific developments regarding the welfare of laying hens under various systems of rearing, accompanied by any appropriate adjustment proposals to the Council.The scientific veterinary committee presented its report on the welfare of laying hens to the Commission at the end of last year. It is the intention of the Commission to present this report together with a proposal for legislation on the welfare of laying hens to the Council before the end of this year.Directive 88/166/EEC allows Member States to go beyond the minimum standards as laid down in the Directive, subject to the respect of the general requirements of Community law.There is no discrimination against egg producers using battery cages in the Bundesländer concerned under the existing marketing standards for eggs as provided for in Council Regulation (EEC) No 1907/90 ((OJ L 173, 6.7.1990. )) and Commission Regulation (EEC) No 1274/91 ((OJ L 121, 16.5.1991. )).The Commission, and also the Member States, have been informed about the intentions of the Bundesländer concerned for the adoption of such legislation through the notification procedure provided in Directive 83/189/EEC laying down a procedure for the provision of information in the field of technical standards and regulations ((OJ L 109, 26.4.1983. )). The Commission has not yet finalized its response to this notification.