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The pet and stray framework
In early July 2012, the European Parliament adopted a resolution tabled by the Committee on Petitions calling for the establishment of an EU legal framework for the protection of pets and stray animals - all animal organizations and animal friends around Europe were overjoyed .... but it did not last long .......
European Parliament resolution of 4 July 2012 on the establishment of an EU legal framework for the protection of pets and stray animal.
– having regard to the large number of petitions from EU citizens requesting the establishment of an EU legal framework for the protection of pets and stray animals (1613/2010, 1274/2011, 1321/2011, 1377/2011, 1412/2011 and others),
– having regard to the European Convention for the Protection of Pet Animals (CETS No 125),
– having regard to Rule 202(2) of its Rules of Procedure,
A. whereas Article 13 of the TFEU stipulates that, since animals are sentient beings, the Union and the Member States must pay full regard to their welfare requirements;
B. whereas there is no EU legislation for the protection of pets and stray animals, despite the fact that the EU's pet population is estimated at over one hundred million;
C. whereas the European Convention for the Protection of Pet Animals has not yet been signed by all Member States;
D. whereas pets and stray animals are victims of mistreatment and cruelty in many Members States, and whereas the petitioners mainly refer to Member States in southern and eastern Europe;
1. Calls on the European Union and the Member States to ratify the European Convention for the Protection of Pet Animals and to transpose its provisions into national legal systems;
2. Calls on the Commission to put forward an EU legal framework for the protection of pets and stray animals, including:
3. Instructs its President to forward this resolution to the Council and the Commission.
European Parliament resolution of 4 July 2012 on the establishment of an EU legal framework for the protection of pets and stray animal.
– having regard to the large number of petitions from EU citizens requesting the establishment of an EU legal framework for the protection of pets and stray animals (1613/2010, 1274/2011, 1321/2011, 1377/2011, 1412/2011 and others),
– having regard to the European Convention for the Protection of Pet Animals (CETS No 125),
– having regard to Rule 202(2) of its Rules of Procedure,
A. whereas Article 13 of the TFEU stipulates that, since animals are sentient beings, the Union and the Member States must pay full regard to their welfare requirements;
B. whereas there is no EU legislation for the protection of pets and stray animals, despite the fact that the EU's pet population is estimated at over one hundred million;
C. whereas the European Convention for the Protection of Pet Animals has not yet been signed by all Member States;
D. whereas pets and stray animals are victims of mistreatment and cruelty in many Members States, and whereas the petitioners mainly refer to Member States in southern and eastern Europe;
1. Calls on the European Union and the Member States to ratify the European Convention for the Protection of Pet Animals and to transpose its provisions into national legal systems;
2. Calls on the Commission to put forward an EU legal framework for the protection of pets and stray animals, including:
- rules for the identification and registration of animals,
- stray animal management strategies, including vaccination and sterilisation programmes,
- measures to promote responsible ownership,
- the prohibition of unlicensed kennels and shelters,
- the prohibition of the killing of stray animals without medical indication,
- information and educational programs in schools on animal welfare,
- severe sanctions to be imposed on any Member State which fails to comply with the rules;
3. Instructs its President to forward this resolution to the Council and the Commission.
kolla http://www.europarl.europa.eu/oeil/popups/ficheprocedure.do?reference=2012/2670%28RSP%29&l=en#documentGateway
It is estimated that Europe has about 100-150 million homeless companion animals
The Resolution on the establishment of an EU legal framework for the protection of pets and stray animals: The framework was adopted by the Parliament - which means that the majority of member states think that the framework is important and necessary!
The European Parliament adopted a resolution tabled by the Committee on Petitions calling for the establishment of an EU legal framework for the protection of pets and stray animals.
It notes the fact that the EU’s pet population is estimated at over one hundred million and that pets and stray animals are victims of mistreatment and cruelty in many Members States, with petitioners mainly referring to Member States in southern and eastern Europe.
Parliament calls on the European Union and Member States to ratify the European Convention for the Protection of Pet Animals and to transpose its provisions into national legal systems. It calls on the Commission to put forward an EU legal framework for the protection of pets and stray animals, including - 2012/2670(RSP) - 04/07/2012 - Text adopted by Parliament, single reading:
It notes the fact that the EU’s pet population is estimated at over one hundred million and that pets and stray animals are victims of mistreatment and cruelty in many Members States, with petitioners mainly referring to Member States in southern and eastern Europe.
Parliament calls on the European Union and Member States to ratify the European Convention for the Protection of Pet Animals and to transpose its provisions into national legal systems. It calls on the Commission to put forward an EU legal framework for the protection of pets and stray animals, including - 2012/2670(RSP) - 04/07/2012 - Text adopted by Parliament, single reading:
- rules for the identification and registration of animals, stray animal management strategies, including vaccination and sterilisation programmes,
- measures to promote responsible ownership,
- the prohibition of unlicensed kennels and shelters,
- the prohibition of the killing of stray animals without medical indication,
- information and educational programmes in schools on animal welfare,
- severe sanctions to be imposed on any Member State which fails to comply with the rules.
...... was denied by the Commission - because companion animals and stray animals are not adopted in the EU Treaties, but is governed by each Member State - the member country's own animal welfare laws - the companion animals and stray animals are - The excluded animals
Response to requests and overview of action taken, or intended to be taken, by the Commission:
The Commission is unable to propose the adoption in EU law of the remainder of the desired legal framework because Union competences are governed by the principle of conferral (Article 5 of the Treaty on European Union – TEU). Thus competences not conferred upon the Union by the Treaties remain within the Member States (Article 4 TEU).
The Treaties do not provide a legal basis for the requested rules which all relate to animal welfare protection falling within the competence of the Member States. 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).
Only a change in the Treaties making the protection of the welfare of animals an objective of the Treaties can provide the necessary legal base for the desired legal framework. There is currently no unanimity of the Member States to engage in such a treaty reform with this aim in mind.
The Treaties do not provide a legal basis for the requested rules which all relate to animal welfare protection falling within the competence of the Member States. 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).
Only a change in the Treaties making the protection of the welfare of animals an objective of the Treaties can provide the necessary legal base for the desired legal framework. There is currently no unanimity of the Member States to engage in such a treaty reform with this aim in mind.
The EU knows about everything - all atrocities and suffering - but can not do anything because the EU treaties do not include companion animals and stray dogs - it is each member state's responsibility to take care of these animals.
Read more about the Commission's response to why they rejected the proposal that would improve animal welfare in several member states - PDF
