WRITTEN QUESTION E-0996/02 by Eurig Wyn (Verts/ALE) to the Commission. Live animal transportation from South America.
Date: 2002-04-15
Institutions: European Parliament, Provisional data
Subjects: South America, World Trade Organisation, animal welfare, international transport, live animal, originating product, swine, transport of animals

26.9.2002

EN

Official Journal of the European Communities

C 229 E/169

In view of this, can the Commission:

1.

2.

3.

supply information concerning to what extent the above-mentioned directive is currently being
implemented;

say whether it considers, in view of the consequences of such decisions for the environment and
public health, that more effective and targeted measures should be drawn up to promote regeneration
of waste oils rather than their disposal;

say whether it knows of any studies carried out into the regeneration of oils and its feasibility in terms
of cost-benefit, and if so, can it pass on the findings?

(1) OJ L 194, 25.7.1975, p. 23.
(2) OJ L 42, 12.2.1987, p. 43.

Answer given by Mrs Wallström on behalf of the Commission

(23 May 2002)

The Commission, pursuant to its obligations under Article 5 of Council Directive 91/692/EEC of
1.
23 December 1991, standardising and rationalising reports on the implementation of certain Directives
relating to the environment (1) (among them Directive 75/439/EEC of 16 June 1975 on the disposal of
waste oils), is working on the Report from the Commission to the Parliament and the Council on the
implementation of different Directives on waste. The report will be based on information submitted by
it will
Member States through several questionnaires for the period 1998-2000. More specifically,
summarise the information pertaining to the current management of waste oils. Furthermore,
the
Commission has just finished a study on the disposal of waste oils that gathers information on current
practices in Member States. The study,
‘Critical review of existing studies and life cycle analysis on the
regeneration and incineration of waste oils’, can be downloaded from the Commission’s website, at the
following URL address: http://www.europa.eu.int/comm/environment/waste/waste_oil.htm.

2.
The Commission is actively working on this dossier and has the intention to review the Directive on
the disposal of waste oils in order to adapt it to technical and scientific progress. However, due to other
more pressing priorities on its resources the Commission will not bring forward such a proposal in 2002.

3.
Although it is not a full cost-benefit analysis, the above-mentioned study includes information on
costs of regeneration and its economic feasibility. The Commission is not aware of any full cost-benefit
analysis being available.

(1) OJ L 377, 31.12.1991.

(2002/C 229 E/196)

WRITTEN QUESTION E-0996/02

by Eurig Wyn (Verts/ALE) to the Commission

(15 April 2002)

Subject: Live animal transportation from South America

Can the Commission confirm whether new EU regulations governing the transportation of live animals
will cover live imports from third countries? It has been brought to my attention that many thousands of
animals being shipped from South America are still enduring much cruelty and deprivation despite new
EU regulations.

C 229 E/170

Official Journal of the European Communities

EN

26.9.2002

Answer given by Mr Byrne on behalf of the Commission

(6 June 2002)

Firstly, it should be mentioned that, in relation to biungulates (bovines, pigs, sheep and goats) Community
animal health rules only authorize the importation into the Community of live breeding pigs from Chile.
Registered horses intended for competitions are also allowed from certain South American countries.
Statistical data indicate that no pigs were imported in 2001.

In relation to welfare conditions, 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
Council Directive 95/29/EC of 29 June 1995 (2), provides a set of rules on the protection of animals during
transport. The Commission has undertaken to present in the near future a legislative proposal to improve
the welfare conditions of the transported animals.

The present rules foresee that if during an import check at the entrance of the territory of the Community
it is discovered that animals are not fit to continue their planned journey, that Community journey times
are being exceeded or that the means of transport is unsuitable, action can be taken under existing
Community provisions.

However, imposing Community welfare requirements generally on the pre-import leg of the journey may
not be compatible with regards to the Community’s international obligations in general and the World
Trade Organisation (WTO) obligations in particular.

Nevertheless, to raise the level of protection of the animals internationally, the Commission is committed
to several
initiatives, such as the negotiation on behalf of the Community of the revised European
Convention for the Protection of Animals during International Transport, the support of the activity of the
OIE (3) in the field of animal welfare and the position expressed in WTO in animal welfare and agriculture.
The possibilities for WTO compatible bilateral agreements concerning animal welfare with certain third
countries will also be explored.

(1) OJ L 340, 11.12.1991.
(2) OJ L 148, 30.6.1995.
(3) Office international des Epizooties, the world organisation for animal health.

(2002/C 229 E/197)

WRITTEN QUESTION E-1022/02

by Bartho Pronk (PPE-DE), Maria Martens (PPE-DE), Karla Peijs (PPE-DE)
and Albert Maat (PPE-DE) to the Commission

(15 April 2002)

Subject: Question further to question E-2069/01 concerning free movement of captains

In its reply to Written Question E-2069/01 (1), the Commission referred to its answer to Written Question
E-3440/97 (2) by Mrs Van Dijk for
information about nationality requirements for captains. The
Commission observes that captains and first mates are employed in the public service as referred to in
Article 48(4) (now Article 39(4)). According to the Commission, Member States may require such posts to
be reserved for their own nationals, which is justified by invoking Article 48(3) (public policy, public
security and public health).

1.
Has not this reasoning been superseded by case law, particularly the judgment of 31 May 2001,
Commission v. Italy (case C-283/99), point 25, and the judgment of 29 October 1998, Commission v.
Spain (C-114/97), points 41 and 42?