ITALIAN ISSUES AND REGULATORY U.E.
Law, animal health and animal welfare
COMMISSION OF THE 'EUROPEAN
COMMISSION DECISION
On official controls to verify compliance
with feed and food law, animal health and animal welfare
Brussels 29 September 2006
Having regard to Regulation (EC) No 882/2004 of the European Parliament and Council of 29 April 2004 on official controls to verify compliance with feed and food law, animal health and animal welfare, the Commission is required to develop guidelines that define the criteria for the conduct of audits in art. 4, paragraph 6 of the above Regulation reflecting in this way the rules and recommendations issued by international organizations on the organization and operation of official services. These guidelines provide Member States with information relevant to the implementation of Regulation (EC) No 882/2004.
Title II, Chapter I, Article 3, paragraph 1 of this Regulation (in force since 1 January 2006) "Member States shall ensure that official controls are carried out regularly, according to a risk assessment and with appropriate frequency, for achieve the objectives of this Regulation, "
A total failure in the application of the above, the audit reports drawn up on the regional health care system are only three regions: Emilia Romagna, Lazio, Sicily. (Source: Ministry of Health 30.5.2007)
Italy is an obvious inconsistency in complying with the regulation due to the slow and cumbersome system of organization.
Protection of farm animals
COMMISSION OF THE 'EUROPEAN
Commission report to Council
Brussels 19/12/2006
The Commission's report to the Council of the European Community, on the experience gained with the implementation of Directive 98/58/EC on the protection of farm animals, has reported a delay on the part of the application of the rules on the welfare of animals and found 323 (three hundred twenty-three) violations relating primarily to the four categories defined by Decision 2000/50/EC, in the period 2000/01:
1) buildings - this definition includes an inadequate design of buildings and equipment and an inappropriate use of services, such as ventilation or lighting. The pig appear more often than others in this category of violations
2) freedom of movement - includes excessive stocking densities. This type of abuse is also common for all species (calves, pigs and laying hens).
3) inspection - concerns the inadequate examination of the animals.
4) Registration - concerning the traceability of inadequate medical treatment and the mortality observed by the farmer.
showed also that the recording mode lacks consistency and transparency.
In conclusion, the Commission highlights the need, by the competent Italian authority, to improve the level of awareness and knowledge of the technical staff responsible for supervising compliance with the rules on animal welfare at farms.
ECE Convention on the Protection of pet
COUNCIL MEMBER STATES OF EUROPE
Strasbourg 13 November 1987
While each party undertakes to take the necessary steps to give effect to the provisions of this Convention for the Protection of pets, Italy shows a lack of respect in the same Convention owed the impurities class management.
The ignorance interpretation of EU rules is evident even in the recent Order of 28 March 2007 the Ministry of Health signed Livia Turkish, in contravention of the provisions. 10 paragraph 1, of the Strasbourg Convention 13.11.'87.
The Government, with the latter act has given us back twenty years to incivility and lack of sensitivity.
Animal testing
COMMISSION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
Community Action Plan on the Protection and Welfare of Animals 2006-2010
EESC opinion
Brussels 26/10/2006
Of animals used in experiments, the Committee agreed on the need to promote cooperation between the Commission and industry to promote alternatives to this type of testing in industry, even under the proposed new center and the presentation of a strategy (the statement on testing, Brussels 7.11.2005) on the application of the so-called "principle of the 3 Rs: reduction (reduction of animal experimentation) refinement (ie the further refinement of models of animal testing so that less strain) and replacement (ie, development of alternative methods to animal testing), which can guide the use of animals for experimentation. The Committee believes, however, necessary to extend the strategy to include a criterion of need, so that animal testing is permitted only if proven, to the community, the actual need of the product for which you use the chemical or other type test;
already the EU cosmetics directive requires the industry to find alternatives to animal testing.
The Commission's initiative may encourage the search for alternative methods. Including in particular the European Center for Validation of Alternative Methods (ECVAM) and the European Consensus Platform for Alternatives to Animal Experimentation ECOPA).
The Legislative Decree 27 January 1992, n.116 not provide for the implementation of the strategy on the application of the "principle of the 3 R", does not include the criterion of need. In addition, the Government has not granted, the program of action, the declaration on animal welfare adopted in Brussels in 2005 by not meeting its commitments on page. 153 Program of the 2006 election. It highlights, therefore, a total inconsistency with the opinion of the Economic and Social Committee.
Hunting
Although Italy has a law on hunting, 157/92, among the most permissive in Europe for the number of species killing and for the period of the hunting season, and despite the amendments to that law for the introduction of rules on the exceptions provided by the EEC Birds Directive No 79/409, which puts in place a sort of semi regime hunting the birds for which hunting is prohibited, hunting is out of the rule, and disrespectful of the laws and directives. The shameful and uncivilized behavior has attracted the criticism of the European Union and consequently the Court of Justice in Luxembourg condemned Italy well 4 times:
1) See the Court of 8 July 1987 (Case 262/85). The sentence covers the following topics: the list of birds that can be hunted, and the marketing of the birds; regional permits for the capture and sale of migratory birds; l 'use of migratory birds as live decoys.
2) Judgments of the Court of 17 January 1991 (Case C-157/89). The sentence for the following argument: Hunting a species of wild birds during the nesting and during the various stages of reproduction, as well as several migratory species during their return to nesting sites.
3) Judgments of the Court of 17 January 1991 (Case C-334/89). The sentence for the following argument: non-implementation of Directive 85/411/EEC, amending Annex 1 (protected species) of Directive 79/409/EEC.
4) Judgment of 17 May 2001 (Case C-159/99). The sentence for the following argument: authorization for the capture and detention of sparrow species in Italy, passera sparrows and transfer in breach of Directive 79/409/EEC.
Furthermore, the European Commission began infringement proceedings against Italy 2001/2211. The letter of formal notice, sent on 23 October 2001, concerns the non-conformity of the Italian (and regional) to Article 9 of Directive 79/4097CEE and misapplication in the same article. In application of .226 of the EC Treaty, the Commission asked the Italian government to send its comments on the reported in the letter.
And yet the European Commission in the infringement procedure 2006/2131 challenged to, among other aspects to the derogation, the cumbersome and slow for such a monitoring system. However, if the change made by the decree (art.7.1 letter c) would appear appropriate to resolve the disputed issue by the European Commission would open an important issue in this case set by the regional measure to grant exemption was a legislative act and not purely administrative. In this case the intervention of the government can not intervene directly on regional legislation, would be virtually impossible and the reasons that have attracted the criticism of the European Union will widen further.
Is incoherent and embarrassing the Italian government's attitude towards the Member States of the EC.