One of the British MEP’s, Fiona Hall, has kindly responded to one of her constituents about asking your own MEP to support a Parliamentary Question submitted by Derek Vaughan MEP.
Subject: Your email to Fiona Hall MEP Our Ref: FH/JF
19 January 2011
Dear….
Thank you for your email regarding the treatment of greyhounds in Spain. This issue has been raised with me by a number of constituents and I share your concerns that so many dogs are being mistreated.
The treatment of greyhounds in Spain has been raised with the European Commission before and a copy of the Parliamentary Question and answer are below for your information.
As you can see, the Commission says that it does not have the power to act in order to protect greyhounds and that this is the responsibility of the Member State. However, there is legislation in place with regards to the animal health conditions for imports from third countries and for trade in dogs from other Member States. Another question on the issue has been tabled here but is still waiting for an answer from the Commission.
You may be interested to know that I have recently raised the issue of the welfare of greyhounds in Ireland with the Commission and I am in contact with a local greyhound welfare group and am raising their concerns on a number of issues. The recent reply that I have received from the Commission can be viewed here. I am pleased to read that a second EU strategy for the protection and welfare of animals is being prepared and I look forward to hearing about the initiatives on the welfare of dogs when these proposals reach the European Parliament.
I am pleased to hear that Mr Vaughan has also tabled a Parliamentary Question on this issue and will look out for the Commission’s reply to him.
Yours sincerely
Fiona Hall MEP
Question: Charges of cruelty to greyhounds in Spain
According to complaints made by the NGO ‘Galgos sin Fronteras’ (‘Greyhounds Without Borders’) and the Altarriba Foundation, and as graphically exemplified in the programme ‘El buscador’ broadcast by the Spanish TV station Telecinco, the maltreatment of greyhounds is becoming ever more frequent and disturbing. ‘Galgos sin Fronteras’ states that the number of abandoned greyhounds has recently risen by 40%. Besides abandonment, there have been numerous proven cases of brutal torture, hangings and other types of killing.
According to the sources cited, the Spanish Government, when questioned on the matter (by, among others, the Belgian government, which is studying a possible exception for greyhounds, in cases of abandonment or cruelty, in the context of a new law banning imports of dogs into Belgium), immediately reacts by denying that any such maltreatment happens in Spain.
In the light of the above data, can the Commission state whether it is aware of these charges of cruelty? What is its view on these practices? Has it taken or will it take any action on the matter? What mechanisms are available to the Commission concerning respect for the rights of animals in the Member States and implementation of the rules? Does the Commission believe that in view of these suspicions, it is justifiable for other Member State governments to introduce greater flexibility into their laws on imports of dog breeds, especially in the case of those liable to cruelty?
Answer given by Ms Vassiliou on behalf of the Commission
The Commission is aware of the alleged cases of mistreatment and cruelty towards greyhounds in Spain.
The Commission attaches great importance to animal welfare. Animals are recognised by the Protocol on Animal Welfare annexed to the EC Treaty(1) as sentient beings and the European institutions are obliged to pay full regard to the welfare requirements of animals when formulating and implementing Community legislation. At the same time, however, the European institutions must stay within their competence conferred on them by the EC Treaty and their power to legislate in improving the welfare of animals and in preventing cruelty against animals and their mistreatment extends only to the policy areas covered by the EC Treaty, such as agriculture.
Accordingly, although a considerable body of Community legislation for the protection of animal welfare has been adopted with respect to the treatment of animals, the Community legislator has no power to act in order to protect the welfare of greyhounds as such. Since the Union has no competence to act in this field, this issue remains under the responsibility of the Member States.
However, Community law is in place as regards the animal health conditions for imports from third countries and for trade in dogs from other Member States that are laid down in Council Directive 92/65/EEC(2) and in its implementing legislation. In addition, Regulation (EC) No 998/2003(3) establishes the animal health conditions for the non-commercial movement of pet animals.
The zootechnical and pedigree requirements for the marketing of pure-bred animals, such as dogs, are laid down in Council Directive 91/174/EEC(4).
Member States cannot refuse trade in dogs complying with the aforementioned Community provisions. However, they may adopt additional national measures on the breeding and marketing of dog breeds, to take into account issues other than animal health and welfare and zootechnics such as cruelty, for example on the so-called ‘dangerous dog breeds’, or to ban dog fights. However these national laws would have to be in compliance with the general principles established in the EC Treaty and secondary legislation.
(1)
Treaty of Amsterdam amending the Treaty on European Union, the Treaties establishing the European Communities and certain related acts — Protocol annexed to the Treaty of the European Community — Protocol on protection and welfare of animals, OJ C 340, 10.11.1997 p. 110.
(2)
Council Directive 92/65/EEC of 13 July 1992 laying down animal health requirements governing trade in and imports into the Community of animals, semen, ova and embryos not subject to animal health requirements laid down in specific Community rules referred to in Annex A(I) to Directive 90/425/EEC, OJ L 268, 14.9.1992.
(3)
Regulation (EC) No 998/2003 of the Parliament and of the Council of 26 May 2003 on the animal health requirements applicable to the non-commercial movement of pet animals and amending Council Directive 92/65/EEC, OJ L 146, 13.6.2003.
(4)
Council Directive 91/174/EEC of 25 March 1991 laying down zootechnical and pedigree requirements for the marketing of pure-bred animals and amending Directives 77/504/EEC and 90/425/EEC, OJ L 85, 5.4.1991.