Answer given by Mr Kallas on behalf of the Commission
1. and 2. The Commission is not aware of the matter referred to by the Honourable Member or of any similar cases involving airlines in the Member States.
3. Air transport of animals is in general considered as cargo transport which is also subject in principle to a control and traceability system. As in the case of ordinary baggage, problems may nevertheless occur in the handling of animal transport containers.
In this case Council Regulation (EC) No 1/2005 on the protection of animals during transport applies(1). Annex I, Chapter II, Article 4 requires that animals being transported by air should be in containers, pens or stalls which comply with International Air Transport Association (IATA) live animals Regulations. The regulation also states that these containers should be clearly and visibly marked indicating the presence of live animals. Reference should be made however to the Montreal Convention(2), which was transposed into EC law(3). It intervenes at a later stage as it contains liability rules for damage sustained in the event of the destruction or loss of or damage to baggage and cargo where the event which caused the damage took place during the carriage by air.