WRITTEN QUESTION E-2605/01 by Caroline Lucas (Verts/ALE) to the Commission. Transport of animals from accession countries to the European Union.
Date: 2001-09-26
Institutions: European Parliament, Provisional data
Subjects: EC Directive, cooperation policy, enlargement of the Union, health control, import (EU), protection of animals, transport of animals, veterinary legislation

C 134 E/54

Official Journal of the European Communities

EN

6.6.2002

1. What action does the Commission intend to take if the compulsory deposit system is triggered by
publication of the failure to achieve these percentages?

2. What does the Commission intend to do, in view of the impending publication of the failure to
achieve the percentages, speedily, efficiently and effectively to guarantee the free movement of goods?

3. What means does the Commission have at its disposal for this purpose?

Answer given by Mrs Wallström on behalf of the Commission

(21 December 2001)

The publication of the reuse quota results, which is the trigger under the existing German Packaging
Ordinance, has not been released yet. Thus, it is still unclear if, when and for which categories of drinks
the deposit obligation will apply. Therefore, the Commission is not in a position to take a view in this
respect.

The Commission has thoroughly assessed the existing German Packaging Ordinance with a view to its
compatibility with the European Parliament and Council Directive 94/62/EC of 20 December 1994 on
packaging and packaging waste (1) and with the Internal Market rules. In March 2001 it decided to instigate
proceedings against Germany before the Court of Justice, because it takes the view that the reuse quota
system set up by the existing German Packaging Ordinance infringes EC law insofar as mineral waters are
concerned that have to be filled at source (2).

As the ‘guardian of the Treaties’ (Article 211 (ex Article 155) of the EC-Treaty), the Commission must
ensure the respect by the Member States of Community law. According to Article 226 (ex Article 169) of
the EC-Treaty, the Commission opens an infringement procedure, if a Member State has failed to fulfil its
obligations under the Treaty.

(1) OJ L 365, 31.12.1994.
(2) The Commission has reserved its right to consider, at a later stage, the question of the compatibility of the German
justification and other Community

Packaging Regulation 1998 in particular in the light of its environmental
requirements as regards beverages other than natural mineral water (e.g. wine).

(2002/C 134 E/054)

WRITTEN QUESTION E-2605/01

by Caroline Lucas (Verts/ALE) to the Commission

(26 September 2001)

Subject: Transport of animals from accession countries to the European Union

In January 2001 the European Commission presented a report to the Council on the experience acquired
by Member States since the implementation of the 1995 Directive on the protection of animals during
transport.

This report reveals:

= the low level of priority given in certain Member States to implementing the Directive;

= the use of poorly-designed, ill-maintained and dirty vehicles;

= non-compliant route plans and insufficient resting time for the animals;

= negligence and poor handling of animals;

= the transport of unfit animals and insufficient ventilation in vehicles.

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Official Journal of the European Communities

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However, large numbers of live farm animals are also being exported into the European Union from the
accession countries.

How many (a) live sheep, (b) live bovines, (c) live horses and donkeys, and (d) live pigs have been exported
from each accession country to individual Member States in (1) 1998, (2) 1999, and (3) 2000 for (a)
slaughter and (b) further fattening?

What steps has the Commission taken to monitor the welfare of those animals before they enter
Community territory?

What steps has the Commission taken to ensure the welfare of those animals before they enter Community
territory?

What further steps does the Commission intend to propose to improve the welfare of those animals when
Council Directive 91/628/EEC (1) (as amended by Council Directive 95/29/EC (2)) is reviewed in 2002?

(1) OJ L 340, 11.12.1991, p. 17.
(2) OJ L 148, 30.6.1995, p. 52.

Answer given by Mr Byrne on behalf of the Commission

(15 November 2001)

As far as figures on trade of live animals are concerned the Commission will provide the Honourable
Member with the data requested under separate cover.

Article 11 of 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, requires that transporters presenting live
animals for importation, transit or transport into and through Community territory shall be authorised
only if they give a written undertaking to comply with the requirements of the Directive.

Council Directive 91/496/EEC of 15 July 1991, lays down the principles governing the organisation of
veterinary checks on animals entering the Community from third countries (1). Article 4 of the Directive
provides that the official veterinarian must carry out a physical check on animals presented at the
inspection site. That check must include, in particular, verification of compliance with the requirements of
Directive 91/628/EEC.

It should be noted that directives are addressed to the Member States, which are responsible for bringing
them into force. Article 10 of Directive 91/628/EEC provides that the Commission shall carry out on-the-
spot checks to ensure uniform application of the Directive. However, day to day monitoring to ensure the
welfare of the transported animals is the responsibility of the Member States.

level, several

the international

At
in particular, close
co-operation with competent authorities of the applicant countries for Union membership. As a result
several countries adopted Community requirements to protect animals during transport during the past
year.

initiatives have been undertaken including,

The Commission obtained on 23 October 2001 the mandate from the Council to negotiate on behalf of
the Community the ongoing review of the European Convention for the protection of animals during
international transport. All Member States are parties of the convention as well as Cyprus, the Czech
Republic, Iceland, Norway, Poland, Romania, Russia, Switzerland, and Turkey.

In the framework of the revision of Directive 91/628/EEC, the Commission will consider, in its proposal,
how the welfare conditions of animals transported to the Community can be improved whilst respecting
its international obligations. The proposal will be based on a new opinion of the Scientific Committee on
Animal Health and Animal Welfare, which is expected by the end of 2001.

(1) OJ L 268, 24.9.1991, as last amended by Council Directive 96/43/EC of 26 June 1996, OJ L 162, 1.7.1996.