WRITTEN QUESTION E-1394/02 by Caroline Lucas (Verts/ALE) to the Commission. Implementation of the Hens Directive.
Date: 2002-05-15
Institutions: European Parliament, Provisional data
Subjects: European Commission, United Kingdom, application of EU law, infringement procedure (EU), laying poultry, national implementing measure, protection of animals

C 277 E/198

Official Journal of the European Communities

EN

14.11.2002

The lifting on the ban on the use of pithing rods would go a long way towards ensuring that animals
1.
which certain religious communities are allowed to slaughter in accordance with their own rites can first
be stunned and then slaughtered painlessly. Now that the BSE crisis has died down, is the Commission
considering the possibility of authorising the use of pithing rods once again?

Does the Commission share the view that,

2.
in the light of the widely differing legal provisions
governing the slaughter of animals in accordance with religious rites in the EU Member States, action is
urgently needed with a view to standardising these provisions and bringing them into line with national
law? In the interests of animal welfare, to what extent and when might it be possible to carry out such
standardisation?

(1) OJ L 158, 30.6.2000, p. 76.

Answer given by Mr Byrne on behalf of the Commission

(28 June 2002)

1.
The Commission would like to remind the Honourable Member that pithing is not a stunning
method, but was used to stop post-stunning convulsions before the animal was shackled. Moreover, as far
as the Commission is aware, pithing was not used in ritual slaughter, as a prior perforation of the skull is
necessary to introduce the pithing rod into the cranial cavity. This perforation was generally performed by
means of a captive bolt stunner, the use of which is banned when slaughtering animals in accordance with
certain religious rites.

The prohibition to use pithing in relation to animal slaughter is based on opinions from the Scientific
Steering Committee. These opinions bring out the fact that certain slaughter techniques, including pithing,
lead to the release of particles of brain-tissue, potentially containing high titres of transmissible spongiform
encephalopathy infectivity,
into the blood stream. Therefore, the Commission does not intend to re-
authorise the use of pithing.

2.
The freedom of religion enjoys a high value in the Community law and is also subject of the Charter
of the fundamental rights of the Union, which awards the right to each person to manifest religion or
belief, in worship, teaching, practice and observance.

Recital 6 of Council Directive 93/119/EC of 22 December 1993 on the protection of animals at the time
of slaughter and killing (1) underlines the necessity to take account of the particular requirements of certain
religious rites. In consequence, Article 5(2) of the Directive states that the obligation for the Member States
to ensure the stunning before slaughter shall not apply to animals subject to particular methods of
slaughter required by certain religious rites.

However, having regard to the competence of the Member States for cultural matters and the principle of
subsidiarity, the Member States are responsible for deciding not if, but under which conditions the ritual
slaughter without stunning may be carried out on their territory. Therefore, the Commission does not
intend to propose further harmonisation of this question.

(1) OJ L 340, 31.12.1993.

(2002/C 277 E/219)

WRITTEN QUESTION E-1394/02

by Caroline Lucas (Verts/ALE) to the Commission

(15 May 2002)

Subject: Implementation of the Hens Directive

In July 1999 the European Union took a step forward in prohibiting the battery cage for egg-laying hens
when it agreed Council Directive 1999/74/EC (1).

14.11.2002

EN

Official Journal of the European Communities

C 277 E/199

Under Article 13 of the Directive, Member States are required to implement the Directive before 1 January
2002 and inform the Commission thereof.

the United Kingdom has not yet

Given that
implemented Council Directive 1999/74/EC, has the
Commission begun infringement proceedings against the UK to ensure that animal welfare is given a
higher priority by the government?

(1) OJ L 203, 3.8.1999, p. 53.

Answer given by Mr Byrne on behalf of the Commission

(10 June 2002)

In its task of monitoring the application of Community law, the Commission systematically opens
infringement proceedings against Member States which have failed to transpose directives within the
prescribed deadline following its review of the implementation status of directives coming into force every
two months.

In relation to the non-implementation of Council Directive 1999/74/EC of 19 July 1999 laying down
minimum standards for the protection of laying hens, by the United Kingdom, the Commission opened
infringement proceedings under Article 226 EC of the EC Treaty by a letter of formal notice dated 26 April
2002.

(2002/C 277 E/220)

WRITTEN QUESTION E-1395/02

by John McCartin (PPE-DE) to the Commission

(15 May 2002)

Subject: Chicken meat imports into the EU

Can the Commission state what quantities of chicken meat are imported annually into the EU and from
what countries? What percentage do these imports represent compared with European production? Further
can the Commission state to what extent food safety standards and animal welfare standards are being
observed in the production of these imported products?

Answer given by Mr Byrne on behalf of the Commission

(28 June 2002)

The imports of poultry meat into the Community, although having increased in recent years, represent less
than ten per cent of Community production. The statistical data of the carcass weight equivalent for the
period 1997 to 2001 are sent direct to the Honourable Member and to the Parliament’s Secretariat. The
three principal exporting countries are Brazil, Thailand and Hungary.

Imports of poultry meat are subject to sanitary requirements as strict as those applied to Community
production. The authorisation to export is given only after an evaluation of the competent authorities and
of the system of inspection and certification of the third country. This evaluation includes visits on the
spot from the inspectors of the Commission’s Food and Veterinary Office to check that the competent
authorities of the third country are in a position to apply the Community sanitary requirements and that
these conditions are actually respected for the products exported to the Community.

In addition, controls are carried out in the Community border inspection posts to check systematically the
health certificates accompanying the products and to carry out, on a random basis, sampling and analyses
in order to detect possible failures in the inspection system of the third country.