Answer given by Ms Kroes on behalf of the Commission
15.5.2012
There are no harmonised rules at EU level banning the production of audiovisual content featuring cruelty towards animals such as the ones described by the honourable Member. In this respect, it has to be underlined that Article 13 TFEU does not confer to the EU a general competence to legislate on that matter but only require from the EU and the Member State to pay full regard to the welfare requirements of animals when formulating and implementing certain Union's policies.
However, if such videos are shown in the frame of an audiovisual media service, this falls under the regulatory framework of the audiovisual media services directive (Directive 2010/13/EU).Such content might indeed possibly be considered as harmful for minors and hence should normally not be seen or heard by them. It may also fall under stricter national rules adopted by Member States at national level.
OJ C 117 E, 24/04/2013