Answer given by Mr Dalli on behalf of the Commission

21.9.2012

The Commission is unable to propose legislation on stray animal welfare. The Treaties do not provide a legal basis for such rules. Article 13 TFEU is not a legal basis nor does it describe an objective of the Treaties that could justify the use of the ‘flexibility clause’ (Article 352 TFEU). As a result animal welfare protection of stray animals falls within the competence of the Member States.

OJ C 228 E, 07/08/2013