18 Protection of animals during transport
| (a)
(22357)
7969/01
COM(01) 197
+ ADD 1
(b)
(24774)
11794/03
COM(03) 425
|
Commission Report on the application of the different ventilation systems for animal transport vehicles for road journeys exceeding eight hours
Draft Council Regulation amending Regulation (EC) No. 411/98 as regards ventilation in road vehicles carrying livestock on long journeys
Commission Communication on the protection of animals during transport
Draft Council Regulation on the protection of animals during transport and related operations and amending Directives 64/432/EEC and 93/119/EEC
|
| Legal base | Article 37 EC; consultation; QMV
|
| Department | Environment, Food and Rural Affairs
|
| Basis of consideration | Minister's letter of 24 May 2004
|
| Previous Committee Reports | (a) HC 152-i (2001-02), para 14 (18 July 2001)
(b)HC 63-xxxvii (2002-03), para 2 (12 November 2003)
(Both) HC 42-xvi (2003-04), para 1 (31 March 2004)
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| Discussed in Council | 26-27 April 2004
|
| Committee's assessment | Politically important
|
| Committee's decision | Cleared by resolution of the House of 21 April 2004
|
Background
18.1 The Commission regards transport as the most controversial
aspect of animal welfare, and, in December 2000, it brought forward
a Communication[43] on
the experience acquired by Member States since the relevant Council
Directive (91/28/EEC) was last amended in 1995.[44]
The Commission said that some of actions recommended had already
been initiated, including a proposal in April 2001 (document (a))
to improve the ventilation standards of vehicles used for long-distance
journeys, but that most could only be addressed by amendments
to the current legislation. It therefore sought to do this in
July 2003 by proposing (document (b)) that existing Community
laws on the protection of animals during transport should be repealed,
and replaced by a new measure, which would also subsume the earlier
proposal on ventilation standards.
18.2 The aims of the proposal include setting stricter
journey times and space allowances; improving the mandatory training
of personnel; banning the transport of very young animals, and
setting out clearer definitions for when animals are unfit for
transport; setting up stricter welfare standards for the transport
of horses; upgrading technical standards for road vehicles; and
introducing specific requirements for all livestock vessels operating
from Community ports. As we noted in our Report of 12 November
2003, these aims are broadly in accord with UK policy, but nevertheless
include a number of potentially contentious or difficult issues.
We were told that revised proposals were expected to be published
following discussion by a Council Working Group of Veterinary
Experts and Chief Veterinary Officers, and would be the subject
of a further Explanatory Memorandum and a Regulatory Impact Assessment.
18.3 We subsequently received a supplementary Explanatory
Memorandum of 29 March 2004 from the Minister for Nature Conservation
and Fisheries at the Department for Environment, Food and Rural
Affairs (Mr Ben Bradshaw), which said that, in the light of the
anticipated discussions by veterinarians, a revised text had been
produced. We said that the late emergence of new text, the evident
difficulty which the Government had encountered in establishing
a meaningful Regulatory Impact Assessment, the continuing uncertainty
over the status of the earlier proposal on ventilation standards,
and the lack of any concrete information about the outcome of
the Government's consultation exercise had reinforced our earlier
feeling that it would be right for these documents to be considered
further in European Standing Committee A. That debate took place
on 20 April 2004.
Minister's letter of 24 May 2004
18.4 We have now received a letter of 24 May from
the Minister, in which he says:
"In the Agriculture and Fisheries Council on
26 April, EU Ministers failed to reach agreement on these proposals.
I pushed hard for finite journey limits and rest off the vehicles
at approved premises. I was very disappointed that agreement
could not be reached but I could not sign up to a package that
did not deliver significant benefits in this important area.
"Earlier this week the Chief Veterinary Officers
considered the possibility of resurrecting the bulk of the proposal,
whilst retaining the status quo for maximum journey times, rest
and space allowances. Although the UK supported this proposal,
it did not receive sufficient support from other Member States.
As a result the proposal will not be taken forward and current
rules will continue to apply for the foreseeable future.
"The outstanding proposal to amend Regulation
(EC) 411/98 to set detailed standards for forced ventilation,
was included in the proposals for the new Council Regulation on
the protection of animals during transport. We do not expect
that this will be brought forward again as a freestanding proposal."
Conclusion
18.5 We share the Minister's disappointment at
this outcome, and hope that it will be possible to revive these
proposals in the not too distant future. In the meantime, we
are simply drawing the present position to the attention of the
House.
43 (22004) 14650/00: see HC 28-vii (2000-01), para
16 (28 February 2001). Back
44
By Directive 95/29/EC.OJ No. L 148, 30.6.95, p.52. Back
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