WRITTEN QUESTION E-2258/00 by Lord Inglewood (PPE-DE) to the Commission. Revision of Article 296.
Date: 2000-07-07
Institutions: European Parliament, Provisional data
Subjects: EU Member State, European treaties, arms industry, competition law, derogation from EU law, intergovernmental conference (EU), single market, tax exemption

C 81 E/182

Official Journal of the European Communities

EN

13.3.2001

Moreover, as long ago as 1992, the SVC stressed that (cid:145)the occurrence of poor welfare can be reduced
considerably by slaughtering near the point of rearing and transporting meat(cid:146).

Does the Commission accept that many of the welfare problems associated with long-distance transport
could be avoided by the adoption of a major change of policy, whereby the long-distance transport of live
farm animals was, wherever practicable, abandoned and replaced by a meat trade?

Answer given by Mr Byrne on behalf of the Commission

(12 September 2000)

Council Directive 91/628/EEC of 19 November 1991 on the protection of animals during transport and
amending Directives 90/425/EEC and 91/496/EEC (1), as amended by Council Directive 95/29/EC of
29 June 1995 (2) sets out the requirements concerning travelling time, resting periods,
feeding and
watering of the animals during transport.

Community legislation is drawn up on the basis of the results of scientific research and practical
knowledge, both elements of which indicate that animal transport is actually acceptable on welfare
grounds if specific animal protection conditions are adhered to.

In accordance with Article 13 of Directive 91/628/EEC, the Commission intends to submit a report to the
Council on the experience acquired by Member States derived from the application of Community
legislation in this field. The report will also be presented to the Parliament.

In the compilation of the report the Commission has identified several areas of difficulty for enforcement
of current law. Long-term initiatives as well as technical solutions are currently being examined.

Following the presentation of the report the Commission will submit specific proposals to address these
difficulties.

As soon as possible several fundamental aspects of the Directive should be evaluated on a scientific basis
and notably data concerning travelling times, stress related to loading and unloading operations and
loading densities. In this framework, measures to encourage the slaughter of animals closer to the places
where they are raised also merit examination.

The Commission intends to explore in the near future those and any other possibilities for improvement
with experts from the Member States and sectors concerned.

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

(2001/C 81 E/232)

WRITTEN QUESTION E-2258/00

by Lord Inglewood (PPE-DE) to the Commission

(7 July 2000)

Subject: Revision of Article 296

In the light of paragraph 23 of the resolution adopted by the European Parliament on 15 June 2000
(LalumiŁre report), does the Commission now intend to propose to the IGC that Article 296 should be
revised in the Treaty of Nice and made more (cid:145)flexible(cid:146) so as to create the conditions for a single market in
defence equipment?

13.3.2001

EN

Official Journal of the European Communities

C 81 E/183

Answer given by Mr Patten on behalf of the Commission

(4 August 2000)

Article 296 (formerly Article 223) of the EC Treaty which authorises the Member States to exempt their
defence industries from competition law is being increasingly perceived in many quarters as an obstacle to
the development of a European defence industry. The national derogations which it allows may have been
justified at a time when there was no prospect of a European defence industry but now seem ineffective in
some cases.

The Court of Justice(cid:146)s interpretation of this Article is becoming increasingly restrictive as attested in
particular by its judgment of 16 September 1999 (Case C414/97, Commission v. Spain). The Treaty
normally applies to products covered by this Article and a Member State applying for a derogation must
prove that it is justified.

Although the Commission shares the interpretation of the Court of Justice, it is aware of the issues and
debate to which this Article gives rise. Consequently it is considering whether to present a proposal to
amend the Article at a future Intergovernmental Conference. However it is also considering an alternative
approach; this would be to propose a sort of code of conduct for the interpretation of and harmonised
practices for Article 296 of the EC Treaty.

(2001/C 81 E/233)

WRITTEN QUESTION E-2275/00

by Sebastiano Musumeci (UEN) to the Commission

(7 July 2000)

Subject: Bilateral agreements between Sicily and North Africa in the fisheries sector

No solution has yet been found to the fisheries problems involving the Sicilian and North African fishing
fleets in the international waters of the Sicilian Channel.

It should be noted that, by virtue of is special statute, the Region of Sicily is the authority primarily
responsible for fisheries.

It should also be noted that Sicily is on the European Union(cid:146)s frontier with the Afro-Asian basin.

Could the Commission state whether, and subject to what restrictions, the Sicilian regional authorities
could be allowed to conclude bilateral fisheries agreements with neighbouring North African countries?

Answer given by Mr Fischler on behalf of the Commission

(28 July 2000)

The Community has exclusive powers to negotiate and conclude bilateral fisheries agreements with non-
member countries; these are exercised by the Commission on the basis of negotiating instructions given to
it by the Council.