European Union Legislation

The Treaty (EU constitution)

The European Union (EU) was established by the Treaty of Rome (EEC Treaty or TEC) signed in 1951, with the objective of safeguarding peace and promoting economic and social progress in Europe. The EU is essentially an area of economic activity and trade without internal frontiers. The Treaty identified animals as 'goods' or 'agricultural products'. There were no powers in the Treaty of Rome to introduce EU legislation for the specific purpose of protecting animals. Thus, any measures to protect animals were secondary to the primary purpose of the legislation (such as harmonisation of Member States laws). The Directive prohibiting the importation of baby seal products and the leghold trap regulation appear to be the only exceptions to this rule, although they both affect trade (and conservation is included in the EU'S Governing Treaty).

There was some improvement in this situation in 1992, when the Treaty of the European Union was signed in Maastricht (The Maastricht Treaty). A declaration was agreed, which was annexed to the Treaty rather than integrated into its provisions. This required the European Institutions to take account of animal welfare when considering legislation in the areas of research, transport, agriculture and the internal market.

The European Union heads of state of government meeting in Amsterdam June 16 1997 agreed to include a special legally binding protocol on animal welfare in the new European Union Treaty (The Amsterdam Treaty). The text of this protocol is repeated below: -

Protocol to the EUROPEAN UNION TREATY (THE AMSTERDAM TREATY)

This protocol was introduced following strong pressure from animal protection groups. It introduced a clear legal obligation for the Community institutions (Commission, Parliament and Council) to pay full regard to the welfare requirements of animals. It did not, however, extend the competence of the Community to include animal welfare per se within its remit. Furthermore, there is a growing movement in favour of the principle of 'subsidiarity' in the EU, which considers that EU legislation should only cover areas which impinge upon EU trade/economy, and that other matters - such as animal welfare - should be dealt with at national level.
This has been included in the enlarged EU’s draft constitution. However, it is far from perfect, due to the ‘get out’ clause for acts of cruelty justified by cultural/religious reasons.

EU Animal Welfare Provisions

The main areas affected by animal welfare legislation at EU level include:

• Transport
• Slaughter
• Battery hens
• Veal calves and pigs
• Animal experimentation
• Drift netting
• Seals
• Fur trapping
• Conservation/wild bird

Further information can be obtained from the 'Eur-Lex' section of the European Union's Web Site: http://europa.eu.int/eur-lex/en/index.html

This site includes information on various aspects of European Union law, including:

• Official Journals (recent versions of EU law publications)
• Treaties:
  Treaties (consolidated)
  Treaties in the process of ratification
• Legislation: Community legislation in force
• Consolidated texts
• Case-law

Eur-LEX Contains a specific section on EU animal protection measures, see:
http://europa.eu.int/eur-lex/en/lif//ind/en_analytical_index_15.html

Further details on animal protection law at EU level can also be obtained from the Eurogroup for Animal Welfare.

Status of EU Legislation

All the EU's welfare legislation is legally binding upon Member States, and the country can be taken to the European Court of Justice for any cases of non-compliance. The EU's animal welfare legislation takes the form of either Regulations, Decisions or Directives, although the latter is more usual in the field of animal welfare. The difference is as follows:

Directives
Binding on member states as to the results to be achieved, but leaves the method of implementation to national governments. They should be transposed into national law.

Decisions
Binding on those to whom they are addressed (can be member states, companies or individuals).

The Eurogroup for Animal Welfare

The Eurogroup for Animal Welfare (Eurogroup) forms the Secretariat of the Intergroup for Animal Welfare (the European Parliament group established to consider animal welfare matters). Eurogroup carries out political lobbying at EU level on all animal welfare matters. Its objective is to work towards "the introduction, implementation and enforcement of animal welfare legislation in the European Union." It has member societies in each of the EU member countries.

Eurogroup is a useful source of information on EU animal welfare legislation. See Useful Books and Other Resources

The European Coalition to End Animal Experiments

The European Coalition to End Animal Experiments was established in 1990, originally as the European Coalition to End Cosmetic Testing on Animals and later expanding its remit to include all areas of animal experimentation. The European Coalition comprises active animal welfare/rights groups throughout Europe sharing a common interest in working together to end animal experimentation. The European Coalition's early flagship campaigns were cosmetic testing and the use of primates for research, but it now covers all areas of animal experimentation in its lobbying activities.

The European Coalition for Farm Animals

The European Coalition for Farm Animals (ECFA ) was formed in 1993 and is an alliance of animal advocacy groups including 31 organisations in 25 European countries and Israel. It is an informal, activity-based Coalition with the objective of achieving an end to Europe-wide factory farming and the long distance transport of live animals.

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