Source: EURLEX
Language: en
Format: md

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# 91997E4167

**WRITTEN QUESTION No. 4167/97 by Simon MURPHY to the Commission. The alleged use of stray dogs and cats for research in Belgian universities** 
  
*Official Journal C 223 , 17/07/1998 P. 0066*

  

WRITTEN QUESTION E-4167/97 by Simon Murphy (PSE) to the Commission (21 January 1998)

Subject: The alleged use of stray dogs and cats for research in Belgian universities

With respect to the formal complaint (97/4379) submitted to the Commission by the British Union for the Abolition of Vivisection relating to the use of stray dogs and cats for research in Belgium, will the Commission confirm whether a reply from the Belgian authorities has now been received?

Should the use of stray dogs and cats for research be confirmed, in contravention of Directive 86/609/EEC ((OJ L 358, 18.12.1986, p. 1. )), will the Commission consider initiating infringement proceedings against Belgium before the Court of Justice?

Answer given by Mrs Bjerregaard on behalf of the Commission (27 February 1998)

The Commission can confirm to the Honourable Member that the Belgian authorities have responded to the Commission's requests for information.

The Commission can also confirm that, should there be proof of the use of stray dogs and cats for research, in contravention of Council Directive 86/609/EEC of 24 November 1986 on the approximation of laws, regulations and administrative provisions of the Member States regarding the protection of animals used for experimental and other scientific purposes ((OJ L 358, 18.12.1986. )), and lack of action on behalf of the Member State concerned to remedy the situation, it could consider opening infringement proceedings against this Member State.

If the alleged breaches of the directive have been investigated by the national authority, appropriate enforcement measures taken and legal proceedings initiated in accordance with the relevant national rules, it can hardly be maintained that the Member State concerned has failed to ensure that natural or legal persons under its jurisdiction abide by the directive. The mere fact that violations occur does not suffice in itself to demonstrate that a Member State contravenes Community law since it can never be guaranteed that all rules are always respected by all natural or legal persons. It is however the duty of the Member State to take the necessary measures to end violations of the provisions of the directive.

It will be in the light of the aforementioned considerations that the Commission will examine the complaint to which the Honourable Member refers.

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