WRITTEN QUESTION E-3834/00 by Raina Echerer (Verts/ALE) to the Commission. Monitoring of animal transport.
Date: 2000-12-07
Institutions: European Parliament, Provisional data
Subjects: animal welfare, application of EU law, export refund, transport of animals

C 174 E/158

Official Journal of the European Communities

EN

19.6.2001

Answer given by Mr Byrne on behalf of the Commission

(5 February 2001)

The Commission has, on several occasions, been informed by animal welfare societies carrying out studies
into the welfare of
they have received threats from transporters or their
employees.

transported animals that

The Commission is not, however, in possession of any conclusive evidence that Member States(cid:146) officials
have been obstructed or prevented from performing their duties in relation to the requirements of
Community legislation on the transport of animals or the payment of export refunds on live bovines in
accordance with Regulation (EC) No 615/98 (1).

The Commission is currently carrying out enquiries in several Member States concerning the implementa-
tion of Commission Regulation (EC) No 615/98 of 18 March 1998 laying down specific detailed rules of
application for the export refund arrangements as regards the welfare of live bovine animals during
transport (1).

The responsibility for ensuring that no breaches of criminal law occur in relation to the matters raised by
the Honourable Member rests with the Member States. The Commission does, however, have a responsi-
bility to ensure that Member States implement and adequately enforce the relevant Community legislation.
The Commission would certainly need to consider taking appropriate action if it appeared that the
authorities in any Member State were unable to ensure compliance with their Community law obligations
in this domain because of conduct of the type mentioned by the Honourable Member.

In this context the Commission is, of course, prepared to examine carefully any evidence that the
Honourable Member can supply to back up her submissions.

(1) OJ L 82, 19.3.1998.

(2001/C 174 E/165)

WRITTEN QUESTION E-3834/00

by Raina Echerer (Verts/ALE) to the Commission

(7 December 2000)

Subject: Monitoring of animal transport

It has been established that hitherto the authorities of the Member States have only been formally
monitoring certification pursuant to Article 2(2) of Commission Regulation 615/98/EC (1) and, if necessary,
formally checking the reports upon unloading in the third country of final destination pursuant to Article
3(3) of Commission Regulation 615/98/EC, while even the design of the forms gives the impression that
more detailed statements by official vets are not called for or cannot even be made and that, in carrying
out their duty of investigation, the national authorities do not substantively, either at all or fully, require
compliance with the Directive on the protection of animals during transport pursuant to Article 1 of
Commission Regulation 615/98/EC in conjunction with Directive 91/628/EEC and have not adopted
adequate procedural precautions.

What will the Commission do, therefore, to ensure that, before granting export refunds, the authorities of
the Member States adequately check that all preconditions for payment pursuant to Commission Regula-
tion 615/98/EC and Council Regulation 805/68/EEC (2) have been complied with?

(1) OJ L 82, 19.3.1998, p. 19.
(2) OJ L 148, 28.6.1968, p. 24.

19.6.2001

EN

Official Journal of the European Communities

C 174 E/159

Answer given by Mr Fischler on behalf of the Commission

(23 January 2001)

Commission Regulation (EC) No 615/98 of 18 March 1998 laying down specific detailed rules of
application for the export refund arrangements as regards the welfare of live bovine animals during
transport provides in its Articles 2 and 3 respectively for checking of all consignments on exit from the
Community and for targeted checks when the animals are unloaded in the non-EU countries. Under Article
5(3) of the Regulation the national authority responsible for refund payments decides, in the light of the
check report and/or any other relevant information at its disposal, whether the provisions of the Directive
on protection of animals during transport were respected and the refund is to be paid.

A summary table showing the financial impact of Member States(cid:146) application of the Regulation is being
sent to the Honourable Member and Parliament(cid:146)s Secretariat for information. Between 1 September 1998
and 30 June 2000 refunds were refused on 3150 animals.

Application of Regulation (EEC) No 615/98 features on the agenda of the committee within whose remit
its management falls. Discussions will continue with the Member States in order to arrive at more uniform
application.

The Commission is also in contact with Member States(cid:146) paying agencies in order to assess application of
Regulation (EC) No 615/98 more thoroughly.

(2001/C 174 E/166)

WRITTEN QUESTION E-3837/00

by Daniela Raschhofer (NI) to the Commission

(7 December 2000)

Subject: Concerted practices with regard to the value date for bank transfers

In its reply to question E-2963/00, the Commission states that it has no information about interest gains
or losses due to the practice with regard to value dates for bank transfers.

As transfers are not made in real time, either nationally or within the EU as a whole:

1. When a transfer is made, what date does the transferring bank take as the value date for the transfer

from the payer(cid:146)s account?

2. What is the value date for entering the amount transferred in the recipient(cid:146)s account?

3. Who receives the interest during the transfer period?

4.

If interest accrues to the banks involved during this period, in what proportions is it divided?

5. Can the Commission say whether there are agreements between the banks concerning the apportion-

ment of interest during the transfer period?

6. Might a uniform practice contravene European competition rules as constituting a concerted practice?

Answer given by Mr Bolkestein on behalf of the Commission

(19 January 2001)

Both cross-border and national transfers are based on legal transactions between customers and their credit
institutions. For this reason, the value date applied to the transferor(cid:146)s account is essentially subject to
freedom of contract, or possibly to specific national rules.