Document type: reply from the European Commission to question E-001752/2025
Authors: question : Marianne Vind (S&D). Answer: Mr Várhelyi on behalf of the European Commission
Question en anglais (original) : Article 25 of Regulation (EC) No 1/2005 requires Member States to lay down and enforce effective penalties for infringements of the rules on the protection of animals during transport. For long journeys, a journey log must be drawn up and submitted to the authority of the country of departure within one month after the journey concerned has been completed[1]. Logs identify infringements in particular. However, the regulation does not specify how authorities should act in the event of infringements outside their jurisdiction. Article 28 only stipulates that notification must be given to authorities that gave authorisation to the transport operators concerned, but not, for example, to authorities in transit countries. Documents provided by Animal Protection Denmark show that cases involving foreign firms are usually dropped, either because Denmark does not have jurisdiction or because of a lack of proportionality between resources and the expected penalty. The information available suggests that there are similar practices in other Member States.
In the light of the above:
1. Does the Commission have an overview of Member States’ prosecutions in these cases, and does the Commission regard it as compatible with EU law[2]for Member States not to prosecute in such situations?
2. How should Member States fulfil their obligations under EU law in this respect?
3. Does the Commission intend to bring infringement proceedings against Member States that fail to prosecute, or what measures is the Commission considering introducing in the forthcoming revision of the Transport Regulation so as to ensure that infringements established on the basis of return journey logs are prosecuted regardless of where they are committed and of where transport operators are based?
[1] See Annex II, point 8.
[2] Including Article 25 of the Transport Regulation and the duty of loyalty under Article 4(3) TFEU.
Réponse en anglais (original) : 1. Current EU legislation on the protection of animals during transport[1] requires Member States to impose penalties if necessary. An overview of their enforcement actions is regularly made publicly available by Member States, but this information is not detailed enough for the Commission to identify specific cases, such as penalties imposed following the notification of infringement through a journey log.
2. According to the Official Controls Regulation (OCR)[2], it is the responsibility of Member States to take the appropriate actions in the event of non-compliances established by their risk-based controls, including controls of journey logs submitted within one month after the journey concerned has been completed. In the case of a non-compliance that concerns more than one Member State, the OCR contains detailed rules and procedures for administrative assistance and cooperation, which require, among others, to inform the competent authority of the Member State concerned[3]. The Commission has recently launched a Rapid Alert System for Food and Feed (iRASFF) animal welfare module, which constitutes the IT tool that Member States must use to implement certain provisions of the OCR on administrative assistance and cooperation[4]. Filing a non-compliance in this module requires the notified Member States to take certain obligatory actions[5], including actions to ensure compliance with the rules on the protection of animals during transport.
3. In its proposal for a regulation on the protection of animals during transport, the Commission introduces a new approach to harmonise sanctions in case of infringements of the rules on animal transport[6]. The debate is ongoing. The Commission remains open to work with the co-legislators in this area.
[1] Council Regulation (EC) No 1/2005 of 22 December 2004 on the protection of animals during transport and related operations, OJ L 3, 5.1.2005, p. 1-44.
[2] Regulation (EU) 2017/625 of the European Parliament and of the Council of 15 March 2017 on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products (Official Controls Regulation), OJ L 95, 7.4.2017, p. 1-142.
[3] See in particular Title IV of the Official Controls Regulation.
[4] In particular, Articles 105 and 106 of the Official Controls Regulation.
[5] Article 50 of Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety and Articles 102 to 108 of Regulation (EU) 2017/625.
[6] Chapter IX ‘Sanctions’, Proposal for a regulation of the European Parliament and of the Council on the protection of animals during transport and related operations, COM/2023/770 final.
From the European Parliament website
