WRITTEN QUESTION No. 4167/97 by Simon MURPHY to the Commission. The alleged use of stray dogs and cats for research in Belgian universities
Date: 1998-01-21
Institutions: European Parliament, MURPHY SIMON
Subjects: Belgium, EC Directive, animal experimentation, application of EU law, domestic animal, medical research, protection of animals, scientific research, university

C 223/66

EN

Official Journal of the European Communities

17. 7. 98

(98/C 223/79)

WRITTEN QUESTION E-4167/97

by Simon Murphy (PSE) to the Commission

(21 January 1998)

Subject: The alleged use of stray dogs and cats for research in Belgian universities

With  respect  to  the  formal  complaint  (97/4379)  submitted  to  the  Commission  by  the  British  Union  for  the
Abolition of Vivisection relating to the use of stray dogs and cats for research in Belgium, will the Commission
confirm whether a reply from the Belgian authorities has now been received?

Should the use of stray dogs and cats for research be confirmed, in contravention of Directive 86/609/EEC (1),
will the Commission consider initiating infringement proceedings against Belgium before the Court of Justice?

(1)  OJ L 358, 18.12.1986, p. 1.

Answer given by Mrs Bjerregaard on behalf of the Commission

(27 February 1998)

The  Commission  can  confirm  to  the  Honourable  Member  that  the  Belgian  authorities  have  responded  to  the
Commission(cid:146)s requests for information.

The Commission can also confirm that, should there be proof of the use of stray dogs and cats for research, in
contravention of Council Directive 86/609/EEC of 24 November 1986 on the approximation of laws, regulations
and administrative provisions of the Member States regarding the protection of animals used for experimental
and  other  scientific  purposes (1),  and  lack  of  action  on  behalf  of  the  Member  State  concerned  to  remedy  the
situation, it could consider opening infringement proceedings against this Member State.

If the alleged breaches of the directive have been investigated by the national authority, appropriate enforcement
measures taken and legal proceedings initiated in accordance with the relevant national rules, it can hardly be
maintained  that  the  Member  State  concerned  has  failed  to  ensure  that  natural  or  legal  persons  under  its
jurisdiction abide by the directive. The mere fact that violations occur does not suffice in itself to demonstrate
that  a  Member  State  contravenes  Community  law  since  it  can  never  be  guaranteed  that  all  rules  are  always
respected  by  all  natural  or  legal  persons.  It  is  however  the  duty  of  the  Member  State  to  take  the  necessary
measures to end violations of the provisions of the directive.

It will be in the light of the aforementioned considerations that the Commission will examine the complaint to
which the Honourable Member refers.

(1)  OJ L 358, 18.12.1986.

(98/C 223/80)

WRITTEN QUESTION E-4179/97

by Daniel Varela Suanzes-Carpegna (PPE) to the Commission

(21 January 1998)

Subject: Cohesion policy and culture

Both  the  Council  (in  its  Decision  of  30  June  1997)  and  the  Commission  (statement  made  in  Decision
No 2228/97/EC (1) establishing a Community action programme in the field of cultural heritage (the Raphael
programme))  advocated  the  creation  of  a  framework  instrument  for  culture.  The  Commission  confirmed  its
intention to submit a proposal for a comprehensive programme as soon as possible.

Can the Commission supply information about the timetable, objectives, guidelines and content of the future
framework programme (cid:145)Culture(cid:146) which is the subject of the proposal?

(1)  OJ L 305, 8.11.1997, p. 31.