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***(EU) action on non-compliance of vivisection law

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  • wildtimber2112@aol.com
    From: AR-News@envirolink.org COMMISSION ACTS AGAINST BELGIUM, THE NETHERLANDS AND FRANCE FOR NON-COMPLIANCE WITH EU
    Message 1 of 1 , Jul 17, 2003


      From:AR-News@...


      COMMISSION ACTS AGAINST BELGIUM, THE NETHERLANDS AND FRANCE FOR
      NON-COMPLIANCE WITH EU LAW ON ANIMAL EXPERIMENTS
      July 17, 2003
      European Commission Press Release DN: IP/03/1039

      The European Commission has requested that the Netherlands and France comply
      with judgements of the European Court of Justice relating to an EU law on
      animal experiments. The law in question aims to ensure that, where animals
      are used for experimental or other scientific purposes, certain common
      animal protection provisions are applied across the European Union. The
      Court had found that the Netherlands and France had failed to adopt
      appropriate national legislation to implement the specific provisions of the
      EU law. The Commission's requests take the form of a letter of formal notice
      (the first stage of an infringement procedure under Article 228 of the
      Treaty). The Commission is also sending an additional final written warning
      or "Reasoned Opinion" to Belgium because it has failed to comply with the
      same law. In particular, the Commission is concerned that, despite recent
      modifications, Belgian legislation still allows too wide a scope for the
      experimental use of cats and dogs that have not been bred for the purpose.

      The Netherlands
      On 16 January 2003, the Court of Justice found that the Netherlands had
      failed to adopt the necessary measures to correctly transpose Articles 11
      and 22(1) of the Animal Experiments Directive (Case C-2001/205). Article 11
      concerns the release of animals that have been used for experimental
      purposes. It stipulates that an animal should be set free only when the
      maximum possible care has been taken to safeguard its well being and
      provided that its health allows this to be done and there is no danger to
      public health or the environment. This measure has not been transposed into
      Dutch law. Article 22(1) relates to the mutual recognition of experiments.
      The Netherlands has not taken appropriate measures to enable the validity of
      data generated by experiments carried out in other Member States (insofar as
      this is possible) to be recognised, in order to avoid duplication of
      testing.

      France
      On 12 September 2002, the Court of Justice found that France had failed to
      adopt the measures required to correctly transpose several articles of the
      Animal Experiments Directive (Case C-152/00) into French national
      legislation. France has not correctly transposed Article 22(1) or Article
      7(3), which relates to the minimising of harm and suffering for experimental
      animals. Finally, France has not fully transposed Article 18(1), which
      relates to individual identification marks.

      Belgium
      The case against Belgium follows a Commission investigation into a complaint
      that the Belgian authorities were allowing too wide a scope for exemptions
      for the experimental use of cats and dogs that were not bred for the
      purpose. This is in breach of Article 19(4) of the Directive. In July 2001,
      the Commission decided to refer Belgium to the Court of Justice but,
      following the adoption and notification of new Belgian legislation, the
      referral was not made. However, the new legislation still proved
      unsatisfactory, and the Commission has, therefore, sent Belgium a second
      Reasoned Opinion (final written warning).

      Background
      The Animal Experiments Directive
      The Animal Experiments Directive (1) aims to ensure that, where animals are
      used for experimental or other scientific purposes, certain common animal
      protection provisions are applied across the EU. The Directive includes
      controls on breeding centres for laboratory animals. It also defines general
      and specific criteria concerning the housing of animals, restrictions on
      their freedom of movement, the close monitoring of their physical condition,
      measures to prevent pain and undue suffering and the timely elimination of
      any physical defect or suffering. The relevant public authority must approve
      or register the centres, which must keep detailed records on the animals in
      their care.

      Legal Process
      Article 226 of the Treaty gives the Commission powers to take legal action
      against a Member State that is not respecting its obligations. If the
      Commission considers that there may be an infringement of Community law that
      warrants the opening of an infringement procedure, it addresses a "Letter of
      Formal Notice" (or first written warning) to the Member State concerned,
      requesting it to submit its observations by a specified date, usually two
      months.

      In the light of the reply or absence of a reply from the Member State
      concerned, the Commission may decide to address a "Reasoned Opinion" (or
      final written warning) to the Member State. This clearly and definitively
      sets out the reasons why it considers there to have been an infringement of
      Community law and calls upon the Member State to comply within a specified
      period, usually two months.

      If the Member State fails to comply with the Reasoned Opinion, the
      Commission may decide to bring the case before the Court of Justice.
      Article 228 of the Treaty gives the Commission power to act against a Member
      State that does not comply with a previous judgement of the European Court
      of Justice. The article also allows the Commission to ask the Court to
      impose a financial penalty on the Member State concerned. The Commission
      will send a first written warning to the Netherlands and France.

      For current statistics on infringements in general, please visit the
      following web-site:
      http://europa.eu.int/comm/secretariat_general/sgb/droit_com/index_en.htm#inf
      ractions





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