WRITTEN QUESTION E-0796/00 by Chris Davies (ELDR) to the Commission. Transport of farm animals.
Date: 2000-03-16
Institutions: European Parliament, Provisional data
Subjects: Food and Veterinary Office, administration of the Institutions, animal production, application of EU law, competence of the Member States, transport of animals

13.2.2001

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Official Journal of the European Communities

C 46 E/45

the working party described the problem of privacy-invading features
1/99 of 23 February 1999,
embedded in software and hardware used for communications over the Internet. The working party called
on the software and hardware industry to develop privacy-compliant products in line with the data
protection rules of the general data protection Directive 95/46/EC and the telecommunications data
protection Directive 97/66/EC (2). One of the objectives of the 1999 review of the telecommunications
regulatory framework is to ensure a consistent, technology neutral application of existing rules and to
propose amendments where technological neutrality is not guaranteed. At present providers of public
telecommunications services and networks are under specific legal obligations to guarantee the security of
their networks, to ensure the confidentiality of communications and to delete traffic data.

Since the adoption of the telecommunications data protection Directive,
the services delivered over
telecommunications networks have evolved with the rise of the Internet. Regarding the software which is
necessary for these new telecommunications services, such as some software used for sending e-mails and
browsers used for surfing the Internet, compliance with data protection rules is not entirely satisfactory as
the working party of data protection commissioners has noted. Clearly, there is no technological neutrality
in a situation where the protection of the privacy of the user depends on whether certain functionalities
necessary for a telecommunications service are in the network or in the software. The Commission is
considering various possibilities to tackle this problem. Concrete proposals will be made when the
Commission adopts its legislative proposals for the new regulatory framework for electronic communica-
tions.

The Commission will pursue its obligation under the EC Treaty to monitor the transposition
3. and 4.
and effective implementation of directives by the Member States, bearing in mind the case law of the Court
of justice concerning the strict interpretation of the scope of exceptions to fundamental principles of law
and civil liberties. As part of this monitoring the Commission will examine the proportionality of the
legislative measures taken by Member States on the basis of Article 13 of Directive 95/46/EC and
Article 14.1 of Directive 97/66/EC. These provisions allow Member States to adopt legislative measures
that restrict the application of some of the data protection principles established by the Directives in order
to safeguard the interests which are mentioned in Articles 13 and 14. However, such restrictions may only
be permitted under national law if they are necessary to safeguard the interests mentioned in Articles 13
and 14.

Until now, the process of transposition and implementation in the Member States of the data protection
directives has been slow. While the Commission has initiated infringement proceedings, it is currently
difficult to have a complete picture of the situation concerning the proportionality of the national
legislative measures that provide the basis for lawful interception of telecommunications. The Commission
will report further on the progress achieved in the next report on the implementation of the telecommu-
nications regulatory package.

(1) Directive 95/46/EC of the Parliament and of the Council of 24 October 1995 on the protection of individuals with

regard to the processing of personal data and the free movement of such data (OJ L 281, 23.11.1995).

(2) Directive 97/66/EC of the Parliament and of the Council of 15 December 1997 concerning the processing of

personal data and the protection of privacy in the telecommunications sector (OJ L 24, 30.1.1998).

(2001/C 46 E/051)

WRITTEN QUESTION E-0796/00

by Chris Davies (ELDR) to the Commission

(16 March 2000)

Subject: Transport of farm animals

Following the commitments given by Commissioner David Byrne at the meeting of 16 February of the
Eurogroup on Animal Welfare regarding enforcement of legislation concerning the transport of live farm

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13.2.2001

animals and the Commissioner(cid:146)s implication during this meeting that there is only one inspector in the
Food and Veterinary Office dealing specifically with transport matters, will the Commission indicate: what
additional steps it intends to take to ensure that Member States enforce the relevant legislation, and exactly
how many staff will be employed to undertake this task as a specific objective?

Answer given by Mr Byrne on behalf of the Commission

(2 May 2000)

The Commission has constantly been concerned with the welfare of animals during transport

The first directive on the protection of animals during transport was adopted in 1977 (Council Directive
77/489/EC of 18 July 1977 (1)). It was replaced by Council Directive 91/628/EEC of 19 November 1991 (2)
and later amended by Council Directive 95/29/EC of 29 June 1995 (3).

The day by day implementation of Community rules falls under the competence of the authorities of the
Member States.

Article 13 of Council Directive 95/29/EC provides for the Commission to submit a report to the Council
on the experience acquired by the Member States since the implementation of the Directive, possibly
accompanied by proposals. The report will be presented to the Council before June 2000 taking into
account all available information. The Commission will put forward proposals to amend the current
legislation to ensure better enforcement in the light of the conclusions of the above-mentioned report.

Three Commission veterinary experts are currently working in the Commission(cid:146)s food and veterinary office
(FVO), Dublin, specifically in the field of animal welfare. The missions to the Member States that they carry
out include aspects of animal welfare during transport. The implementation of Council Directive 91/628/
EEC on the protection of animals during transport will continue to be given a high priority in the work of
the FVO animal welfare group.

In addition, welfare issues are included in missions carried out by other FVO inspectors, notably in relation
to the welfare of laying hens in battery cages and at the time of slaughter.

(1) OJ L 200, 8.8.1977.
(2) OJ L 340, 11.12.1991.
(3) OJ L 148, 30.6.1995.

(2001/C 46 E/052)

WRITTEN QUESTION E-0798/00

by Sami Na(cid:239)r (PSE) to the Commission

(16 March 2000)

Subject: Commission communication on its strategic objectives 2000-20005 and work programme for the

year 2000 (COM(2000) 154 final)

1.

In its introduction the Commission speaks about modernising our social model.

(a) Why does it consider that is essential to reform the Welfare State?

(b) How is the Welfare State to be modernised in a way that it will remain (cid:145)based on solidarity and fair,

caring and inclusive in a climate of more cautious public spending(cid:146)?