WRITTEN QUESTION E-3551/00 by Michl Ebner (PPE-DE) to the Commission. Ban on dangerous dog breeds.
Date: 2000-11-15
Institutions: European Parliament, Provisional data
Subjects: civil defence, domestic animal, national law

6.6.2001

EN

Official Journal of the European Communities

C 163 E/161

allows the basic access needs and development of individuals, companies and societies to be met safely and
in a manner consistent with human and ecosystem health, and promotes equity within and between
generations;
is affordable, operates efficiently, offers choice of transport mode, and supports a vibrant
economy and regional development; limits emissions and waste within the planet(cid:146)s ability to absorb them,
uses renewable resources at or below their rates of generation, and, uses non renewable resources at or
below the rates of development of renewable substitutes and minimises the use of land and the generation
of noise.

(1) OJ L 204, 21.7.1998.

(2001/C 163 E/181)

WRITTEN QUESTION E-3551/00

by Michl Ebner (PPE-DE) to the Commission

(15 November 2000)

Subject: Ban on dangerous dog breeds

With reference to my earlier question (E-2659/00) (1), I would point out first that the Commission(cid:146)s work
programme ought to be adaptable to real conditions and events, and secondly, that if there is no legal basis
it should be the Commission(cid:146)s business to establish one by submitting proposals to that effect. The
problem of dangerous dogs does not halt at the national frontiers and the protection of defenceless
children and people with a dog phobia can be achieved only by strict, uniform European rules. In a
European Union proclaiming the principle of freedom of movement for persons, this protection must be
guaranteed. I would therefore again call on the Commission to initiate measures to bring to an end the
series of horrific attacks, some of which have been fatal. Dangerous breeds of dog are and, however well
trained, will remain, inappropriate and unacceptable weapons.

(1) OJ C 113 E, 18.4.2001, p. 146.

Answer given by Mr Byrne on behalf of the Commission

(23 January 2001)

The Commission is aware that dangerous dogs constitute a potential hazard for EU citizens. However, in
the light of the subsidiarity principle and in accordance with the EC Treaty, in particular Articles 28 and
30 (ex Articles 30 and 36), the Commission takes the view that it is up to Member States to adopt
appropriate measures to protect human life.

According to Article 28 of the EC Treaty, Member States are not allowed to adopt national measures
creating restrictions on the movement of these dogs. However, Article 30 of the Treaty authorises the
adoption of such measures if justified on grounds of, in particular, public morality, public order, public
security, the protection of health and life of humans or animals.

These measures must be strictly necessary and proportionate to their intended objective, i.e. to protect
people from the danger posed by these dogs.

As long as these principles are respected, any Member State may therefore establish national provisions to
protect people.

At the moment, the Member States have very different attitudes to dangerous dogs. The Commission does
not have a sufficiently sound scientific basis for drawing up European legislation on this matter. In the
circumstances, the Commission(cid:146)s view is that, for the time being,
it is unable to make any relevant
proposals.