WRITTEN QUESTION E-3809/00 by Neil MacCormick (Verts/ALE) to the Commission. Export of live horses.
Date: 2000-12-07
Institutions: European Parliament, Provisional data
Subjects: animal welfare, application of EU law, competence of the Member States, equidae, transport of animals

C 174 E/150

Official Journal of the European Communities

EN

19.6.2001

The Commission does not consider that Italian law 236/1995 constitutes as such a breach of European
law, inasmuch as it lays down the conditions for the recruitment of language assistants and their essential
job description, while referring their concrete working conditions to collective bargaining at the appro-
priate level. Furthermore, the law confirms the acquired rights of lecturers who were in office prior to its
entry into force.

Thus, the Commission considers that this legal regime does not appear to discriminate against nationals
and that it is in conformity with the Italian legal standards that are followed for the legitimate modification
or adaptation of the legal status of any other professional category working for the Italian State.

However, on the basis of a large number of complaints from Community citizens and on the basis of a
substantive amount of information collected, the Commission has sufficient evidence showing that the
implementation of this legal regime in several State universities did not entirely respect the lecturers(cid:146)
acquired rights, despite what was provided for by law 236/1995.

Thus, while acknowledging that the organisation of the teaching and non-teaching staff within Italian
universities is not a matter of competence for the Commission, the Commission was able to conclude that
the lack of sufficient protection of acquired rights of the former lecturers, who were mainly non-Italian
Community citizens, could be considered as a breach of Community law.

In this context, and in connection with the Parliament(cid:146)s Resolution of 27 October 2000 on the lettori, the
Commission would like to confirm that it is pursuing an infringement case against Italy before the Court
of Justice. The Commission(cid:146)s infringement case is based on the lack of protection of the lecturers(cid:146) acquired
rights due to the practice of a number of Italian State universities when implementing law 236/1995.

The Commission considers that, within its remit, this infringement case strikes the right legal balance
between the legitimate competence of the Italian State and the Commission(cid:146)s essential duty to protect
European citizens(cid:146) rights.

(2001/C 174 E/155)

WRITTEN QUESTION E-3809/00

by Neil MacCormick (Verts/ALE) to the Commission

(7 December 2000)

Subject: Export of live horses

European Union legislation on the transportation of horses states that, after every 8 hours of travel, the
horses must be unloaded, given food and water and rested for at least 24 hours. The animals must be
facing the same direction, be tethered, and mares and stallions should be separated.

Will the Commission state what steps it is taking to ensure compliance?

Answer given by Mr Byrne on behalf of the Commission

(31 January 2001)

Chapter VII of the Annex to 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
Directive 95/29/EC of 29 June 1995 (2) provides watering and feeding intervals as well as journey times
and resting periods for livestock including horses.

As a general rule journey times for livestock shall not exceed eight hours. However paragraph 4(c) of
Chapter VII allows domestic solipeds to be transported for a maximum period of twenty-four hours
provided that additional requirements are met.

19.6.2001

EN

Official Journal of the European Communities

C 174 E/151

Day-to-day enforcement of Community legislation is the responsibility of Member States. The Commission
undertakes on-the-spot checks in Member States to ensure that competent authorities apply Community
legislation in an effective and uniform manner.

It should be mentioned that the Commission has opened infringement proceedings against some Member
States in relation to their failure to implement Community legislation in this field.

In addition the Commission has recently adopted a report (3) on the experience acquired by Member States
on the application of the Directive. The document is submitted to the Council and to the Parliament.

The Commission(cid:146)s report
the legislation by national
finds major shortcomings in enforcement of
authorities. Member States should allocate in the near future adequate resources in order to apply the
current legislation more efficiently.

Following the outcome of the report the Commission will start to review the current legislation. In
preparing its prooposals the Commission is likely to consider different aspects and in particular the rapid
adoption of additional measures for the protection of horses.

(1) OJ L 340, 11.12.1991.
(2) OJ L 148, 30.6.1995.
(3) Report from the Commission to the Council and the Parliament on the experience acquired by Member States since
the implementation of Council Directive 95/29/EC amending Directive 91/628/EEC concerning the protection of
animals during transport (cid:129) COM(2000) 809 final.

(2001/C 174 E/156)

WRITTEN QUESTION E-3810/00

by Neil MacCormick (Verts/ALE) to the Commission

(7 December 2000)

Subject: Bridge tolls and freedom of movement

Having regard to the issue of the free movement of goods and labour throughout the Union, does the
Commission have a view on the charging of tolls on bridges linking an island such as Skye (in the Scottish
Hebrides) to the European transport network? What requirements as to proportionality have a bearing on
the lawfulness of tolls charged?

Answer given by Mrs de Palacio on behalf of the Commission

(23 January 2001)

The application of tolls on bridges (especially for heavy goods vehicles) is subject to the provisions of
Directive 1999/62/EC of the Parliament and of the Council of 17 June 1999 on the charging of heavy
goods vehicles for the use of certain infrastructures (1). Article 7.9 stipulates that the level of the tolls has to
be related to and must not exceed the costs of constructing, operating and developing the infrastructure
concerned.

There are no Community rules that specify the proportionality of tolls in relation to regional or social
policy objectives. Member States are free to specify public service requirements and possibly compensate
unprofitable passenger services on the basis of Regulation (EEC) No 1191/69 of the Council of 26 June
1969 on action by Member States concerning the obligations inherent in the concept of a public service in
transport by rail, road and inland waterway (2) as amended by Council Regulation (EEC) No 1893/91 of
20 June 1991 (3).

Finally, the Community concept of free movement of goods and persons relates rather to the free
movement between Member States and the abolition of discrimination based on nationality. Bridge and
motorway tolls are not in contradiction with this principle.

(1) OJ L 187, 20.7.1999.
(2) OJ L 156, 28.6.1969.
(3) OJ L 169, 29.6.1991.