WRITTEN QUESTION E-2244/02 by Phillip Whitehead (PSE) to the Commission. Animal welfare in marketplaces.
Date: 2002-07-23
Institutions: European Parliament, Provisional data
Subjects: Belgium, EU control, Food and Veterinary Office, animal welfare, infringement procedure (EU), live animal, protection of animals, sale, transport of animals

C 28 E/192

Official Journal of the European Union

EN

6.2.2003

(2003/C 28 E/218)

WRITTEN QUESTION E-2161/02

by Eurig Wyn (Verts/ALE) to the Commission

(18 July 2002)

Subject: Welfare of animals in livestock markets

Instances of cruelty against animals at livestock markets throughout the European Union continue to
surface. Recent filmed evidence by the welfare group, ‘Animals’ Angels’, highlighted quite shocking animal
cruelty in two livestock markets in Belgium. This sort of physical abuse and basic neglect is going
unchecked at the very heart of the European Union.

Would not the Commission agree that European legislation laying down basic protection for animals at
livestock markets should be drawn up as soon as possible?

(2003/C 28 E/219)

WRITTEN QUESTION P-2207/02

by Bill Newton Dunn (ELDR) to the Commission

(12 July 2002)

Subject: Cruel treatment of animals at livestock markets in Belgium

The Commission is aware of several serious allegations of breaches of the Animal Transport Directive at
livestock markets in Belgium and has indicated that it is investigating the matter. However, while it
assumes responsibility for animal welfare ‘on farm’, during transport, and during slaughter,
the
Commission maintains that the ‘general’ protection of animals from cruel treatment remains a matter for
national authorities. This implies that evidence of cruelty to livestock when the animals are still in the
hands of the transporter will lead to infringement proceedings, whereas cruelty to animals at other times is
technically permissible. Does the Commission consider that this indicates inconsistency in its commitment
to animal welfare?

If the Commission feels that, from a public and animal health perspective, cruelty to animals in these
specific circumstances (during rearing,
to merit
legislation, why is it not possible to extend the existing regulations to treatment of animals at any stage
in their lives?

transport, and slaughter)

is sufficiently important

Respect for animal welfare was enshrined in the Treaty of Amsterdam as part of Community policy on
agriculture, transport, the internal market and research. This appears to be interpreted as applying to
animal welfare protection on farm and at slaughter, but not during sale. Does the Commission have any
plans to extend the interpretation to bring livestock markets under Community legislation on treatment of
animals?

(2003/C 28 E/220)

WRITTEN QUESTION E-2244/02

by Phillip Whitehead (PSE) to the Commission

(23 July 2002)

Subject: Animal welfare in marketplaces

Given the examples of cruelty alleged by animal welfare groups at livestock markets in Belgium and the
role that markets can play in transmitting disease between animals, does the Commission see a need for
the introduction of a Markets (Protection of Animals) Directive to provide basic standards for Europe’s
marketplaces? Will the Commission carry out a study of the conditions in marketplaces across the EU and
the regulations that govern them, in order to assess whether such action, or other appropriate measures,
are needed?

6.2.2003

EN

Official Journal of the European Union

C 28 E/193

If this is not the case, does the Commission foresee an extension of the Live Animal Transport Directive to
cover livestock markets, following the opinion of SCAHAW in its report of March 2002 which suggested a
minimisation of their use?

Joint answer
to Written Questions E-2161/02, P-2207/02 and E-2244/02
given by Mr Byrne on behalf of the Commission

(23 September 2002)

The establishment of rules to prevent maltreatment of and cruelty to animals is an area where competence
of the Community is limited. The Community has no general power to regulate animal welfare. However it
can regulate this matter either where differing national welfare rules risk distorting competition in the
internal market, or in relation to a sector (such as agriculture) where it has more extensive regulatory
powers.

In this framework, the Commission is committed to use its powers to help stop unacceptable animal
welfare practices.

Concerning the case mentioned by the Honourable Members, infringement proceedings under Article 226
of the EC Treaty have been initiated against the Belgian authorities with regard to the inadequate
implementation of Community legal provisions on animal welfare. As part of this process, several
inspections by officials of the Commission’s Food and Veterinary Office took place in Belgium regarding
the implementation of European legislation on animal protection on farm, transport and slaughterhouses.
This included livestock markets. The findings and recommendations arising from these inspection visits
have been published on the Internet (1).

The experience of recent years has shown that there is a need to improve animal welfare in livestock
markets. A forthcoming Commission proposal concerning the protection of animals during transport, will
cover this area. The intention of such legislation is to ensure that Member States take the appropriate
measures to ensure that animal welfare considerations are an integral part of the operation of livestock
markets. It is not feasible, however, that the Commission assume responsibility for the supervision of such
operations. This role is appropriate to the Member States both in keeping with the principle of subsidiarity
and the resource limitations of the Commission.

(1) http://europa.eu.int/comm/food/fs/inspections/index_en.html.

(2003/C 28 E/221)

WRITTEN QUESTION E-2166/02

by Rosa Miguélez Ramos (PSE) to the Commission

(18 July 2002)

Subject: Illegal use of driftnets

According to reports in the European press (Faro de Vigo, 4 July 2002), the Irish fishing vessel ‘Albatross’,
flying the Belize flag, attempted to land 36 tonnes of bonito caught using driftnets, a type of gear which
has been banned in Community waters since 1 January 2002, in the port of Vigo. The port and inspection
authorities prevented the fish from being landed, and the Albatross then headed for Ireland to attempt to
land its catch at an Irish port.

Is the Commission aware of this incident? What action has it taken or will it take? Have any infringements
of the ban on driftnets been detected by the Commission or by Member State inspection services since it
entered into force? If so, where did these infringements occur and what steps were taken with regard both
to the vessel and any catch landed?

Furthermore, fishermen currently engaged in coastal fishing for bonito in Cantabrian waters have noted
the presence in those fishing grounds of vessels from the French island of Yeu which are allegedly fishing
with encircling nets. This type of gear is banned for the Spanish fleet because it is highly unselective and is
associated with high levels of bycatches.