WRITTEN QUESTION E-4031/00 by Theresa Villiers (PPE-DE) to the Commission. Treatment of animals at markets in Belgium.
Date: 2000-12-21
Institutions: European Parliament, Provisional data
Subjects: Belgium, EC Directive, animal welfare, competence of the Member States, protection of animals, trade event

3.7.2001

EN

Official Journal of the European Communities

C 187 E/113

According to what is stipulated in this Article, it is possible for a 20-year-old Belgian holder to drive
a heavy goods vehicle in the United Kingdom if he holds a certificate of professional competence
recognised by one of the Member States. This provision of Council Regulation (EEC) No 3820/85 has
a direct effect.

Concerning the harmonisation of heavy goods vehicle(cid:146)s driver qualifications, the Commission submitted on
the 2 February 2001 to the Parliament and the Council a proposal for a Parliament and Council Directive
on the training of professional drivers of goods or passengers by road (2).

(1) OJ L 370, 31.12.1985.
(2) COM(2001) 56 final.

(2001/C 187 E/120)

WRITTEN QUESTION E-4031/00

by Theresa Villiers (PPE-DE) to the Commission

(21 December 2000)

Subject: Treatment of animals at markets in Belgium

A recent
film shows great cruelty being inflicted on animals at the Belgian markets of Ciney and
Anderlecht. The film was shot in July-September 2000. It shows cattle being repeatedly and viciously hit
with sticks on their flanks and across the face and head and the presence of injured, diseased and severely
lame animals at the market. In the worst scenes of the film, a rope is tied round the front leg of cattle who
cannot walk. The other end of the rope is attached to a vehicle which then drives away, in one case
dragging the animal along the ground and, in another, hauling an animal up a ramp on its back.

What steps is the Commission taking to require the Belgian authorities to end such cruelty at markets?
Will it consider preparing a draft Council Directive on the protection of animals at markets?

Answer given by Mr Byrne on behalf of the Commission

(13 March 2001)

The general protection of animals against cruel treatment remains a matter within the national competence
of the Member States.

The protocol on the protection and welfare of animals annexed to the EC Treaty by the Treaty of
Amsterdam requires both the Community and the Member States to pay full regard to the welfare
requirements of animals in formulating and implementing the Community(cid:146)s agriculture, transport, internal
market and research policies.

Council Directive 91/628/EEC as amended by Council Directive 95/29/EC of 29 June 1995 on the
protection of animals during transport (1) imposes detailed obligations on the transporter, such as the
provision in Article 5A.1(a) prohibiting the causing of unnecessary suffering to transported animals. The
breach of these provisions may, depending on the circumstances, involve cruel treatment of the animals.

To the extent that the animals shown in the video filmed at certain Belgian markets show animals which
could still be regarded as under the authority of the transporter, for example during loading or unloading,
it appears that some of the scenes shown would indicate breaches of the Directive as well as applicable
national law concerning animal protection.

The Commission has therefore intervened with the Belgian authorities requesting full explanations and
detailed information of the action taken to prevent re-occurrence of the type of incident shown.

C 187 E/114

Official Journal of the European Communities

EN

3.7.2001

Infringement proceedings were already pending against Belgium in respect of certain other breaches of the
Directive and, depending on the further information obtained by the Commission, consideration will be
given to possible enlargement of the scope of those proceedings to include the incidents mentioned by the
Honourable Member.

Following its presentation of a report on the application of the relevant Directive to the Parliament and the
Council, the Commission will examine the extent to which it is necessary to update and improve the
provisions of this text.

(1) OJ L 148, 30.6.1995.

(2001/C 187 E/121)

WRITTEN QUESTION E-4032/00

by Manuel PØrez `lvarez (PPE-DE) to the Commission

Subject: Workers(cid:146) rights on flag of convenience vessels

(21 December 2000)

The necessary prerequisite of a proper job is that the work place meet proper health and safety standards,
independently of whether it is fixed or mobile, and that the employment be stable, within the range of
hiring possibilities provided for under whatever legal system applies.

Stability of employment
is not achievable when there is uncertainty, as is the case with flags of
convenience, under which legal security is scanty or non-existent, and there is a very real possibility of
workers(cid:146) social rights being flouted or ignored.

Does the Commissioner intend to tackle the question of specific rules and regulations for the working
conditions of EU workers serving on board flag of convenience vessels calling at Community ports?

Answer given by Mrs Diamantopoulou on behalf of the Commission

(8 March 2001)

The Honourable Member raises the issue of respecting the social rights of European workers serving on
board vessels flying the flag of a third country.

As regards protecting the health and safety of workers on board vessels, the Commission fully agrees with
the Honourable Member on the importance of assuring an appropriate level of protection for these
workers, independently of their work place, and particularly when they are on board vessels arriving at
Community ports, irrespective of their flag.

In this respect, it is important to mention Council Directive 92/29/EEC of 31 March 1992 concerning the
minimum safety and health requirements for improved medical treatment on board vessels (1), and Council
Directive 92/103/EC of 23 November 1993 concerning the minimum safety and health requirements for
work on board fishing vessels (2).

However, the definitions of vessels in these Directives (Articles 1 and 2 respectively)
imply that the
minimum requirements do not apply to vessels (cid:145)flying the flag of a Member State or registered under the
plenary jurisdiction of a Member State(cid:146).

The United Nations Convention on the Law of the Sea (3), to which the Community is a Contracting Party,
provides that every State shall take such measures for ships flying its flag as are necessary to ensure safety
at sea with regard, inter alia, to the manning of ships, the labour conditions and the training of crews,
taking into account the applicable international instruments. Consequently, the rights of workers on board
are defined by the law of the flag State, whatever their nationality.