WRITTEN QUESTION E-3223/00 by Robert Evans (PSE) to the Commission. Transport of animals and compliance with Council Directive 91/628/EEC.
Date: 2000-10-17
Institutions: European Parliament, Provisional data
Subjects: France, animal welfare, application of EU law, transport of animals

C 174 E/26

Official Journal of the European Communities

EN

19.6.2001

Reply

(26 February 2001)

The common position adopted by the Council on 31 July 2000 (1) provides that, as from 1 January 2004,
the yield of cigarettes released for free circulation, marketed or manufactured in the Member States shall
not be greater than 10 mg per cigarette for tar.

As you have pointed out, the common position includes a temporary derogation for Greece with regard to
the maximum tar yield of cigarettes manufactured and marketed within its territory. As a result, it will not
be possible for cigarettes manufactured in Greece with tar yields over 10 mg to be marketed outside
Greece.

As the Honourable Member is aware, this directive is intended to promote the elimination of those
differences between the Member States(cid:146) laws, regulations and administrative provisions on the manufac-
ture, presentation and sale of tobacco products which impede the functioning of the internal market.

As a consequence of the case law of the Court of Justice, Community legislation should be applied
uniformly in all the Member States. However, a derogation is possible when, as in this case, the derogation
is objectively justified and limited in time.

(1) OJ C 300, 20.10.2000, p. 49.

(2001/C 174 E/026)

WRITTEN QUESTION E-3223/00

by Robert Evans (PSE) to the Commission

(17 October 2000)

Subject: Transport of animals and compliance with Council Directive 91/628/EEC

The Commission recently published a report on a mission to France in November 1999 concerning
staging points for the long-distance transport of animals. The report stated that 40 % of the vehicles from
another Member State which were due to stop at a French staging point failed to do so. The Commission
also visited a port at which a ferry arrived carrying livestock vehicles from another Member State. The
Commission found numerous irregularities in the vehicles(cid:146) route plans. They also found that, out of seven
vehicles whose route plans indicated they would rest the animals at a particular place, only three in fact
did so.

Could the Commission ascertain:

1.

2.

the Member State from which the vehicles came in both of the above incidents, and

the steps which are being taken to persuade France and the other Member States to enforce EU law on
the need for:

(a)

(b)

route plans to include all the information required by Council Directive 91/628/EEC (1) and

transporters to comply with their route plans and give animals the rest periods required by the
Directive?

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

Answer given by Mr Byrne on behalf of the Commission

(16 January 2001)

During the mission of the Commission(cid:146)s Food and Veterinary Office (FVO) to France in November 1999,
the findings at the French port and staging point, to which the Honourable Member refers, concerned
transporters whose journeys originated in Ireland.

19.6.2001

EN

Official Journal of the European Communities

C 174 E/27

In its recommendations following this mission, the FVO asked the French authorities to inform the
Commission of the action taken to ensure that route plans are properly used and signed. Although the
French authorities have informed the FVO that they have addressed several of the recommendations of this
report in the time laid down, the issue of route plans was not satisfactorily dealt with and the FVO has
asked for further clarification on this point. The Irish authorities have been similarly informed of these
findings and a meeting has been scheduled to discuss this issue.

The reports of the Food and Veterinary Office (FVO) indicate that, in general, the level of priority given to
the control of route plans has not been high in many Member States. The central authorities of many
Member States do not provide detailed instructions or particular assistance to local authorities in relation
to the check of the route plans. The FVO has made it a priority to assess the control of route plans, during
its missions in the field of animal welfare during transport and to make recommendations to the Member
State concerned and to the Commission where appropriate.

Finally, the Commission has recently adopted a report on the implementation in the Member States of the
Community legislation on the protection of animals during transport (1). This document is submitted to the
Council and to the Parliament. The Commission intends to present proposals based on the conclusions of
include initiatives to address the problem of insufficient enforcement of the
this report, which will
travelling time limits.

The failure of Member States to enforce essential provisions of the current Directive, Council Directive 95/
29/EC of 29 June 1995 amending Directive 90/628/EEC concerning the protection of animals during
transport (2), also constitutes a breach of Community Law which the Commission may, in appropriate
cases, pursue under Article 226 (ex Article 169) of the EC Treaty. The Commission will consider taking
action under Article 226 in the above case unless it is satisfied that adequate action has been taken by
both Ireland and France to ensure respect of the Directive.

(1) COM(2000) 809 final.
(2) OJ L 148, 30.6.1995.

(2001/C 174 E/027)

WRITTEN QUESTION E-3240/00

by Gabriele Stauner (PPE-DE) to the Commission

(20 October 2000)

Subject: FlØchard firm(cid:146)s involvement in adulterated butter fraud

On 6 July 2000 the Commission issued a press release from its Anti-Fraud Office OLAF concerning a case
of fraud involving adulterated butter.

The above press release reports that, over a period of several years, members of a Camorra clan operating
in the Naples area had been producing adulterated butter on a large scale and marketing it with the help of
Italian, French and Belgian firms.

The adulterated butter was composed of almost one third chemical additives, vegetable fat, beef tallow and
other substances normally intended for use in cosmetics. In all, around 16 000 tonnes of adulterated butter
were produced between 1997 and 1999.

Some of the adulterated butter was exported to third countries, with export refunds being paid from the
Community budget. Some was used in baking, again receiving aid from the Community budget.

Can the Commission confirm that information from the competent judicial authorities in France and

1.
Italy shows that the FlØchard firm played a key role in the marketing of adulterated butter?