Question to the EC: Timing of the Commission’s replies to complaints related to animal transport

See here the joint question by Francisco Guerreiro (Greens/EFA), Eleonora Evi (NI), Anja Hazekamp (GUE/NGL), Pascal Durand (Renew), Maria Noichl (S&D), Chrysoula Zacharopoulou (Renew), Veronika Vrecionová (ECR), Tilly Metz (Greens/EFA) and Niels Fuglsang (S&D) to the European Commission on the timing of the Commission’s replies to complaints related to animal transport.

Subject: Timing of the Commission’s replies to complaints related to animal transport

In May 2016 a number of complaints related to the failure by 13 EU Member States to comply with Regulation (EC) No 1/2005 on the protection of animals during transport(1) were submitted to the Commission. Between 3 June and 10 July 2020, the Commission informed the complainants of its decision to proceed with the closure of these cases. 

Can the Commission explain why it failed to react to these complaints within the one year time limit and why the timing of its replies coincides with the period during which Parliament decided to set up a Committee of inquiry on animal transport? 

Moreover, for many of these complaints, the Commission has justified its decision on the basis of commitments undertaken by Member States rather than concrete progress in their compliance with the relevant EU legislation.

Has the Commission verified the implementation of the measures communicated by the Member States or did it close the cases solely on the basis of their statements? 

Furthermore, the complainants were only given four weeks to submit any new information that might demonstrate the existence of an infringement of EU law.

Can such a time frame be considered adequate, given that providing such information would require significant time and resources and might entail new in-field investigations?

(1)       CHAP(2016) 01709-11 and CHAP(2016) 01713-18.

Answer in writing

The Commission closed 11 of the 13 complaints(1) received in May 2016 on animal transport by road to Turkey against Member States due to the absence of systematic breaches of Regulation (EC) No 1/2005 on the protection of animals during transport(2).

This decision was taken following the assessment of the situation in the Member States concerned, on the basis of the results of the Commission services’ project (2017-2019) that focused on the welfare of animals transported to non-EU countries. This included audits to Member States and analysis of data collected throughout the same three-year period from the Commission’s TRACES system and the Member States’ authorities.

The publication in February 2020 of the overview report on the welfare of live animals exported by road(3) concludes this project. The conclusion of this project and the evidence gathered in its context contributed to the decision process that led to the closure of the abovementioned complaints. The timing of the closure of these complaints was therefore in no way due or related to the Parliament’s decision to set up a Committee of inquiry.

In line with the communication ‘EC law: Better results through better application’(4), the Commission informed the complainant in writing that it was not possible to arrive to a decision on the way forward on the complaints in the time of one year from the date of registration of the complaint.

This communication sets out a period of four weeks in which the complainant can provide new elements in reply to the Commission letter informing of the intention to close the case. Such period is considered reasonable. Should new in-field investigations point to systematic breaches of EC law, the complainant has the possibility to lodge a new complaint to the Commission.

(1) The remaining two complaints are still under examination.

(2) OJ L 3, 5.1.2005, p. 1.

(3) https://ec.europa.eu/food/audits-analysis/overview_reports/details.cfm?rep_id=136

(4) C/2016/8600, OJ C 18, 19.1.2017, p. 10.

Share this post