Answer given by Mr Dalli on behalf of the Commission
31.5.2011
Article 25 of Regulation (EC) No 1/2005 on the protection of animals during transport[1] does not oblige Member States to provide precise information on how an infringement or offence is sanctioned. Article 25 only obliges Member States to notify rules pertaining to penalties laid down by Member States that are applicable for infringement of Regulation (EC) No 1/2005. In consequence, the information provided is only descriptive in nature, usually referring to the national penal codes. Such information only becomes meaningful if linked to a precise infringement or offence and contrasted against the gravity of the infringement or offence. Thus whether a Member State's penalty is effective, proportionate and dissuasive can only be evaluated on a case by case basis and in full knowledge of all material circumstances.
The Commission is presently preparing a report on animal transport in accordance with the provisions of Regulation (EC) No 1/2005 on the protection of animals during transport. The report is planned for adoption in September 2011. In the light of the report and the foreseen discussions and inputs from the European Parliament and the Council the Commission will consider which actions are appropriate to address any identified problems.
- [1] Council Regulation (EC) No 1/2005 of 22 December 2004 on the protection of animals during transport and related operations and amending Directives 64/432/EEC and 93/119/EC and Regulation (EC) No 1255/97. OJ L 3, 5.1.2005, p. 1.
OJ C 314 E, 27/10/2011