Answer given by Ms Vassiliou on behalf of the Commission
24.11.2008
The keeping of geese and ducks for the production of food or other farming purposes is covered by Directive 98/58/EC[1] concerning the protection of animals kept for farming purposes which is applicable in all Member States. Member States were required to transpose this directive into national legislation before the end of 1999. In addition, Member States are required to report to the Commission on the enforcement of this legislation in accordance with Decision 2006/778/EC[2] as already before by Decision 2000/50/EC[3]. From 30 June 2009, these reports will include specific information on the keeping of geese and ducks. Therefore the Commission vigilantly monitors the correct enforcement of Directive 98/58/EC by the Member States.
Directive 98/58/EC reflects, within Community legislation, the approval by the Community[4] of the European Convention for the Protection of Animals kept for Farming Purposes of 1976 (‘the Convention’)[5] adopted at the Council of Europe. All Member States apart from Estonia, Romania and Slovakia have ratified that Convention.
Several recommendations[6] of this Convention cover the keeping of geese and ducks also for foie gras production which were adopted by the Council of Europe in 1999 with the support of the Community. These recommendations contain many provisions on how the animals have to be kept. For example, the use of single cages where the animals cannot turn around or flap their wings are already mainly prohibited since the beginning of 2005. The recommendations also foresee that until new scientific evidence is available, the production of foie gras shall be carried out only where it is current practice and then only in accordance with standards laid down in domestic law.
The Commission also closely monitors the scientific situation of foie gras production in Europe. Furthermore, the Commission is working on the development of welfare indicators in order to assess the quality of the farming procedures. As stated in the Community Action Plan on the protection and welfare of animals, the Commission plans to assess the best options to revise the European legislation on animal welfare at farm to allow the use of scientific animal welfare indicators. The process will take into account updated scientific evidence regarding gavage and will be based on socioeconomic data to assess the best legislative or non-legislative option.
It should also be noted that the Commission has been informed of production methods which do not use gavage.
The Commission is aware that foie gras is produced in several Member States through the use of gavage and this product circulates throughout the Single Market. The Commission is also aware that the production method of gavage is banned in several Member States.
The Commission will continue to monitor this issue.
- [1] OJ L 221, 8.8.1998.
- [2] OJ L 314, 15.11.2006.
- [3] OJ L 19, 25.1.2000.
- [4] The Community approved this Convention by Decision 78/923/EEC, OJ L 323, 17.11.1978.
- [5] http://conventions.coe.int/Treaty/Commun/QueVoulezVous.asp?NT=087&CM=1&DF=&CL=ENG
- [6] Recommendation concerning Muscovy Ducks and hybrids of Muscovy and domestic Ducks, Recommendation concerning domestic Geese and Recommendation concerning domestic Ducks (all adopted by the T-AP on 22 June 1999), cp. http://www.coe.int/T/E/Legal_affairs/Legal_cooperation/Biological_safety,_use_of_animals/Farming/A_texts_documents.asp#TopOfPage.