European Commission urges Cyprus, Greece, Hungary, Finland and the UK to Transpose Animal Welfare Directive

In the absence of a satisfactory response within two months, the Commission may decide to refer these Member States to the European Court of Justice.

25 Nov 2010 --- The European Commission has asked Cyprus, Greece, Hungary, Finland and the United Kingdom to notify national transposition measures as required by the Animal Welfare Directive 2007/43/EC. The request takes the form of a "reasoned opinion" under EU infringement procedures. In the absence of a satisfactory response within two months, the Commission may decide to refer these Member States to the European Court of Justice.

Cyprus. Greece, Hungary, Finland and the UK have not communicated the measures transposing Directive 2007/43/EC.

The Commission initiated the infringement procedure, described in Article 258 of the Treaty on the Functioning of the European Union (TFEU), earlier this year by sending a letter of formal notice to the five Member States. By the sending of a "Reasoned Opinion," the Commission formally requests those Member States to take action to comply with EU law within a period of two months. Subsequently, the Commission may decide to refer the Member States to the European Court of Justice if action to ensure compliance is not taken.

Directive 2007/43/EC establishes rules at EU level for the protection of chickens kept for meat production. It aims to avoid distortions of competition that may interfere with the smooth running of the common market organisation in that sector and also to ensure the uniform development of the sector.

Member States' competent authorities are required to conduct inspections to verify compliance with the requirements of the Directive and put in place appropriate procedures to determine stocking density. Member States are also encouraged to develop guides to good management practice including guidance on compliance with the requirements of the Directive.

Member States are also required to lay down rules on penalties for non-compliance with national provisions adopted to apply this Directive. Penalties have to be effective, proportionate and dissuasive. Member States were supposed to implement Directive 2007/43/EC by June 30, 2010, but Cyprus, Greece, Hungary, Finland and the United Kingdom have failed to do so.