EU; EU Court of Justice Issues New Rulings For Animals Being Transported Outside of the EU.

EU AW LOGO

 

Dear all,

It is very good news. Normally when animals exit the EU territory they are transported for hours and hours, even days, without being unloaded and rested after 29hrs and often with no water breaks.

At least now, when EU animals exit the EU territory, like to Turkey, we can demand legal action when animals are not given these EU minimums. As well, we can stop transports planning on going very far into third countries, when that country does not have official control posts. 

Although the EU norms may not be as ideal as we want, they sure are a lot better than any other country.

This judgement is really helping us influencing and even stopping some consignments heading to Turkey. Conditions there were horrible for EU animals, now we have some extra support.

The same can be done for all the EU animals sent to Russia, Kazachstan and soon the borders will be open to go further into the Middle East by road, like Irak.

Hope everyone is well, With best regards,

Lesley

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Link

http://curia.europa.eu/jcms/upload/docs/application/pdf/2015-04/cp150043en.pdf

Court of Justice of the European Union PRESS RELEASE

No 43/15 Luxembourg, 23 April 2015 Judgment in Case C-424/13 Zuchtvieh-Export GmbH v Stadt Kempten

Protection for animals under EU law does not stop at the outer borders of the EU The requirements relating to watering and feeding intervals and duration of journeys and resting periods also apply to those stages of the transport taking place outside the EU

Under the EU treaties, since animals are sentient beings, the EU and the Member States are to pay full regard to the welfare requirements of animals. To that end, the EU legislature has laid down detailed provisions in a regulation governing the protection of animals during transport.

1 That regulation is on the principle that animals must not be transported in a way likely to cause injury or undue suffering to them and on the consideration that, for reasons of animal welfare, the transport of animals over long journeys should be limited as far as possible. A German Court, the Bayerischer Verwaltungsgerichtshof (Administrative Court, Bavaria)

2 has referred a question asking whether the requirements pertaining to the journey log and the powers conferred on the competent authority of the place of departure enabling it to require changes in certain circumstances also apply, in the case of transport between Member States and third countries, to those stages of the journey taking place outside the EU.

By today’s judgment, the Court of Justice answers that question in the affirmative.

Thus, in order for a transport operation involving a long journey for horses, cattle, pigs, sheep or goats

3 to be authorised by the competent authority of the place of departure, the organiser of the journey must submit a realistic journey log which indicates that the provisions of the regulation will be complied with, including for the stages of the journey taking place outside the EU. The planned journey as stated in the journey log must show that the planned transport will observe, inter alia, the technical rules on watering and feeding intervals and journey times and resting periods.

4 Should the journey log not satisfy those requirements, the authority is empowered to require changes to those arrangements. The regulation does not subject the transport of animals with a point of departure within the territory of the EU and a destination in a third country to any particular approval scheme, different from that applicable to transport taking place within the EU. The organiser of a long journey must 1 Council Regulation (EC) No 1/2005 of 22 December 2004 on the protection of animals during transport and related operations and amending Directives 64/432/EEC and 93/119/EC and Regulation (EC) No 1255/97 (OJ 2005, L 3, p. 1, and corrigendum OJ 2011, L 336, p. 86). 2 The Bayerischer Verwaltungsgerichtshof is hearing a case involving the German undertaking Zuchtvieh-Export GmbH and the municipality of Kempten (Germany) regarding the decision taken by latter, as the competent authority of the place of departure, to refuse clearance for a consignment of cattle to be transported by road from Kempten to Andijan (Uzbekistan) and to require changes to the transport plans. The municipality of Kempten took the view that the journey log for the 7 000 km journey (via Poland, Belarus, Russia and Kazakhstan) did not comply with the requirements under the regulation because it did not provide for any resting or transfer points for the stages of the journey which were expected to take approximately 146 hours on the territory of third countries between the cities of Brest (Belarus) and Karaganda (Kazakhstan). 3 More specifically, the animals concerned are domestic Equidae other than registered Equidae, and domestic animals of bovine, ovine, caprine and porcine species. 4 Thus, as far as cattle are concerned, subject to certain conditions, long journeys by road must include, after 14 hours of travel, a rest period of at least one hour during which they must be given liquid and if necessary fed, after which they may be transported for a further period of up to 14 hours, at the end of which animals must be unloaded, fed, watered and be rested for at least 24 hours. http://www.curia.europa.eu provide the competent authority of the place of departure with a duly completed copy of section 1 (Planning) of the journey log. The information contained in that section, concerning matters such as scheduled resting, transfer or exit points must cover the entire planned transport operation, from the place of departure to the place of destination.

Thus, in the case of a long journey with a destination in a third country, the journey log must contain the necessary information on watering and feeding intervals and journey times and resting periods both for the stages of the journey taking place in the territory of the EU and in the territory of third countries. The Court considers that, in the check to be carried out prior to the journey, the competent authority has a certain margin of discretion allowing it to take due account of the uncertainties involved in a long journey, part of which is to take place in the territory of third countries. Should it be the case that the law or administrative practice of a third country through which the transport will transit verifiably and definitely precludes full compliance with the technical rules of the regulation, the margin of discretion conferred on the competent authority of the place of departure empowers it to accept realistic planning for transport which, in the light of factors such as the means of transport used and the journey arrangements made, indicates that the planned transport will safeguard the welfare of the animals at a level equivalent to those technical rules. In any event, the authority may require, among other things, changes to the arrangements for the intended transport in order to ensure that it will pass by enough resting and transfer points to indicate that the transport will comply with the requirements as to watering and feeding intervals and journey times and resting periods. NOTE: A reference for a preliminary ruling allows the courts and tribunals of the Member States, in disputes which have been brought before them, to refer questions to the Court of Justice about the interpretation of European Union law or the validity of a European Union act. The Court of Justice does not decide the dispute itself. It is for the national court or tribunal to dispose of the case in accordance with the Court’s decision, which is similarly binding on other national courts or tribunals before which a similar issue is raised. Unofficial document for media use, not binding on the Court of Justice.

The full text of the judgment is published on the CURIA website on the day of delivery.  (+352) 4303 3355(Press contact: Christopher Fretwell

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Our recent SAV post link regarding EU animals being exported to non EU nations:

https://serbiananimalsvoice.com/2015/08/31/the-eu-and-its-meps-need-to-step-up-to-the-plate-and-actually-defend-animals-not-give-us-eu-yukspeak-and-false-promises/

Netherlands: EoA Information Regarding Investigations Into EU Cattle Being Transported To Turkey For Slaughter.

Netherlands

 

Dear colleagues working in animal-welfare,

letter to France Aug 2015 English

Please find attached a letter that we sent to the French Minister of Agriculture. We do not ask that you take any action, but that you are aware of our observations. We hope to hear back from the French authorities in due time.

With best wishes,

Lesley Moffat


Lesley Moffat, MSc Ethology
Eyes on Animals – Director

Want to read about animal-welfare improvements? Sign up for our GoodNews Letter on our website www.eyesonanimals.com
Twitter : @Eyes_on_Animals
LinkedIn: LDN Eyes on Animals
Facebook: eyesonanimals
Youtube : eyesonanimalsinspect

More reasons to stop the live transportation of animals over long distances !

letter to France Aug 2015 English

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Past SAV posts showing links to Lesley and EoA:

I have had the real pleasure of working with the excellent Lesley regarding live animal transport work in the recent past.

Please also go to ‘About Us’  https://serbiananimalsvoice.com/about-us/  to see our work for the EU regarding an investigation report series into live calf transports.

Mark – SAV.

https://serbiananimalsvoice.com/2015/08/10/netherlands-eyes-on-animals/

https://serbiananimalsvoice.com/2014/12/15/netherlands-a-video-message-from-our-friend-lesley-at-eyes-on-animals-netherlands-re-turkish-slaughterhouse-campaigning/

https://serbiananimalsvoice.com/2013/12/17/netherlands-eyes-on-animals-a-direct-message-from-the-field-turkey/

https://serbiananimalsvoice.com/2013/06/26/netherlands-excellent-investigation-reports-into-chicken-welfare-during-loading-and-transport-by-eyes-on-animals-nl/

Serbia: More Illegal Hunting – And ‘Rule Of Law’ Failures.

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Hi Mark ,

I continue with cases : Turtle dove, massacre, North of Serbia, hunting clubs Jazovo.

Display hunting turtle doves in the North of Vojvodina, near by Kikinda, hunting clubs Jazovo who preyed upon the special nature reserves – “Pastures of great bustard”, in a zone of the reserve, where hunting is forbidden by law to the Decree of the Government of Republic of Serbia on the Protection of Special Nature Reserve, “Pastures of great bustard” Mokrin (Official Gazette of RS No.37 / 97).

The first hunt for which we filed the charge took place 26.08.2010. That same day in the evening, a large flock of turtle doves in migration were attempting to land to feed in the fields of sunflowers, get watered and then move to lands on sleeping in a nearby small forest, which is planted for this purpose.

They were chased and the Italian hunters and a few local hunters took lots of them.  For those few hours, in a desperate flocks of turtle doves to feed, water and rest, hunters, according to a report of the hunting inspector killed 420 birds.

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It was dark, and many did not see anything; they were not picked up, the dozens of dead birds; and several dozen left wounded on the ground to die overnight.

After the hunt , our associate who lives on the reservation, Joca Jančić, went to the place  and saw a horrible scene, the field was covered with corpses of the birds and he also saw  many wounded turtle doves that had dragged themselves around after being shot, at least 40 – 50 birds.  Several turtle doves who were less injured were picked up and taken home to recuperate from the stress of what they had endured.  Unfortunately only one of those rescued and taken away survived, the poison of the hunters lead in the bullets / shot which is absorbed by the blood causing a slow and suffering death. The one dove which survived eventually recovered after about 3 weeks and then was freed to continue its migration because they are smaller flocks that fly further South.

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The Hunting inspector who acted according to our report wrote that hunters killed 420 turtle doves and they themselves determine that they can kill 500, so for her it was all right / ok. The fact that they were hunting in a prohibited place was not even considered, so nothing further was done regarding this at all – nothing !

From that whole flocks of doves undertaking a migratory flight, only one survived.  A few photos from the scene (and shown here – SAV) show exactly what it looked like. Total shock, our correspondent managed to make a few pictures, the rest of the time was looking for birds in better condition / who were still alive to try to save them. Most were already dead or were facing death due to being shot but not killed by the hunters.

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We have a record of hunting inspector on the hunt, but he is archived, and if need be I will find him.

The next year, hunting association Jazovo again organized hunting turtle doves in the same place on 2 occasions; 41 turtle doves were killed during the first hunt on 24.08.2011, and they killed 84 turtle dove on the second hunt. The hunting and mass killings were again undertaken in a place which according to the Serbian law is prohibited for hunting.

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We have submitted the application for the other hunt of 27.08.2011.  This was interrupted because the reserve guard, who was an associate of us, watched the hunting and reported it immediately, he called the police etc.  The guard reserve, Zeljko Reljin, his report is shown at the end of this post, was fired from his work and he does not work any more as guardian of the reserve.

This is the corruption of the system – a reserve guard reports illegal activity by the hunters and he is the one who ends up losing his job whilst the hunting continues !

The report of the hunting inspector is also attached of the hunt from 2011, where you can see that for her it is all OK. It reports the guardian and pretends that he did not know that any hunting, including hunting turtle  doves banned in A zone of the reserve called great bustard..

Then we filed a complaint about the work of the hunting inspector Ljiljana Bucalo Latinovic. In her record, according to the Italians, they issued receipt for turtle doves that were killed, birds officially according to EU law they can not take out of Serbia but were somehow presented.

After high alert about hunting turtle doves, 2012. Hunting was prohibited in the reserve, but the migratory birds were hunted elsewhere.  This time, the flocks of doves migrating were smaller and smaller.

Thus, as described here, so being hunted turtle dove and quail  everywhere in Serbia. Everything else is a lie.

Below is the complaint about the work of the hunting inspector, and we have since back to 2010.all the papers, just all in very large archives, and as I said, if you need,  to find them  and scan for SAV, we can find.

In the next sending I’ll find some case of quail hunting with decoys, or bird hunting nets. All this is happening now, as I write this, throughout Serbia. We have a lot of information about the poaching received from associates but it is difficult to arrive everywhere at the right time.

 Zapisnik lovne insp. br.104-037-416-2011-05 od 15.09.2011. lov grlica u srp velika droplja, str.1

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Regards V.

SAV comment:

Serbian authorities are not enforcing the rule of law as required for new EU membership nations.  You do not fire a park / reserve ranger who reports hunters undertaking their blood lust in illegal no hunt areas; but the authorities appear to think this is ok; no doubt in conjunction with the hunts.

We are in the final stages now of our first report to the EU, which will cover several issues including all our hunting information.  We will show the EU Parliament and Commission that Serbia is NOT enforcing the rule of law and as such is not worthy of EU membership.  If Serbia wants to join the EU, then it has to stop all this government / authority / hunter / police corruption and start to show that they are actually prosecuting people for events which deserve it.

This is just the very start – Serbia is in for one big shock if it even becomes a member of the EU in future.   EU animal welfare organisations, who are very strong in Europe, will go ballistic at the current events; and they will be head hunting all those in authority.  It has been done in Romania, it will be done in Serbia.

People who call themselves ‘politicians’ and who may consider themselves immune from prosecution will have a change of face the day Serbia joins the EU.  Those who currently turn a blind eye to the undertakings of the hunters, including the police; will themselves be hunted and prosecuted through the EU by the EU animal welfare movement. 

Not a possibility, but a promise !!

 

Where Have You Been ?

EUUN0001

Hi all;

Well things on the site have been quiet for the past week or so, but we have been working behind the scenes on a new project.

We cannot say that much about it at the moment, but it does involve the EU Enlargement Commission; Serbia’s current attempts to join the EU at present, and the fact that Serbia is NOT enforcing it own rules of law – or laws / legislation; which is what a nation seeking EU accession has to show and prove it is doing to the EU Enlargement Commission PRIOR to EU membership.

We are working with both Serbian and Austrian campaigners to take the issues of animal welfare; or the lack of, a lot further now.  Via all of our contacts, as well as those of our Austrian colleagues; we will have the ability to make massive contacts with both the EU and its Parliament, as well as giving the reports we are producing to our Serbian campaigner friends who will then be able to approach the Serbian government directly also to ask what we know will be some very embarrassing questions for the government.

Combined with the fact that we know that the EU has authorised over the period 2014-2020 that it provides Serbia with over 1.5 BILLION Euros to get it s house in shape, we are asking, as UK and Austrian (EU) taxpayers providing contributions to this funding; what are we getting back from the Serbian government with regard animal welfare improvements within Serbia.

Over the last week we have now produced the almost final draft of our first report to the EU.  There will be several more over the coming months which will target specific issues in particular.  This first report is best described as an ‘overview; which outlines the situation for Serbian animals; the lack of legislation implementation by the serbian government; as well as the huge financial incentives that the EU is giving to Serbia in order that it enforces application of the ‘rule of, law’ – something which we know is NOT being implemented at the moment regarding Serbian animal welfare law.

The documents we hope will cause problems with the EU and Serbian governments.  As the EU is providing over 1.5 BILLION Euros to Serbia for pre EU accession, we have the right to ask questions and to ask exactly where our EU money is going and what it is being spent on.

At the moment, not on animal welfare.  We hope that via our reports and the massive links we have across the EU, we can make a difference.  We will probably be publishing each report on this site as we produce it; so you can get an idea of what we are doing.

We hope that this will be a positive move for Serbian animal welfare.  The EU must enforce what it preaches on its europa website.  We aim to question lots about the whole system and its apparent current failures.

Regards Mark.

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smed5

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Could Stopping Hunting In Albania For 2 Years (at least) Be The Answer To Serbia Starting To Protect More Endangered Animals ?

Further Important Update 2/7.  Good News Possibly ?

We have been following up today (2/7) on the issue of migratory birds being killed in Serbia; and we can confirm that Serbia IS on the route for migratory birds heading from Africa into Europe.

Serbia wishes to join the EU as soon as it can.    The EU has a Directive (the EU Birds Directive) which does not allow the Spring Hunting of birds.  Only Malta does not enforce this in the EU.

Here is the link to the EU Directive which explains a lot more —   http://ec.europa.eu/environment/nature/legislation/birdsdirective/index_en.htm  

Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds (this is the codified version of Directive 79/409/EEC as amended) is the EU’s oldest piece of nature legislation and one of the most important, creating a comprehensive scheme of protection for all wild bird species naturally occurring in the Union.

The directive recognises that habitat loss and degradation are the most serious threats to the conservation of wild birds. It therefore places great emphasis on the protection of habitats for endangered as well as migratory species (listed in Annex I), especially through the establishment of a coherent network of Special Protection Areas (SPAs) comprising all the most suitable territories for these species. Since 1994 all SPAs form an integral part of the NATURA 2000 ecological network.


The Birds Directive bans activities that directly threaten birds, such as the deliberate killing or capture of birds,
the destruction of their nests and taking of their eggs, and associated activities such as trading in live or dead birds,

 As Serbia wishes to join EU, we at SAV think that Serbian campaigners thus have a very good case for migratory birds in Serbia being protected by EU Directive 2009/147/EC of the European Parliament.  We think this really should form the main area for anything that they approach the Serbian government with regarding changes to the animal welfare laws which the government are currently attempting to do.

We consider that birds should get protection in Serbia with EU Directive !!

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Update 1/7 –

very informative articles –

http://www.birdlife.org/europe-and-central-asia/news/balkans-bird-mafia

http://www.newsweek.com/2015/02/13/massacre-europes-songbirds-304716.html  

All across south-east Europe but particularly in Romania, Serbia, Albania and Bulgaria, Italian hunters have become public enemy number one for bird lovers and conservationists.

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We (in UK) are trying to help Serbian campaigners regarding the proposed new Serbian animal welfare legislation; which currently seems to be all over the place – we are attempting to get accurate information but it is difficult at present.

One of the main questions that is currently being thrown in our direction it is regarding Albania – and we’re asked “if Albania has banned hunting, then can it not be achieved in Serbia ?”

Well our response is initially that there are several very important issues which have to be considered as part of any response to what appears to be a simple question.

Issues include:

  1. Albania has introduced a two-year ban on hunting; not currently a permanent ban.  Regardless of this, as animal welfare people, we very much welcome the decision.

  2. Albania is a Balkans country (like Serbia); which lies along a major migratory flyways, and which  encompasses wetlands and other habitats that provide crucial refuelling stops for millions of migrating birds.

  3. While many Albanians, including a substantial number of hunters, realized that the situation had to change, the (old) government showed no interest in strengthening conservation laws, or even in enforcing the regulations that were in place. But elections last June brought a new party to power, with government ministers more sympathetic to conservation.

  4. Albania’s move combined with a more pro-environment government clearly highlighted the clear connection between overhunting and species loss, which so many other countries (including Serbia) have yet to address, perhaps afraid of upsetting hunting lobbies or hunting “tradition”.

Today, 1/7, we have attempted to contact the UK RSPB (Royal Society for the Protection of Birds) to ask them for more information on major migratory routes from Africa to Europe; because if Serbia IS one of these prime routes then we can work with Serbian campaigners to press the Serbian government to introduce the same type of anti hunt legislation as now introduced in Albania.

Clever eh ? – especially as Serbia is seeking EU membership and wants drastically to be viewed as being very ‘pro EU’.  We say simply, and we know, that the EU does not like the killing by hunters of migratory birds, and so it is solely down to the Serbian government to review the current situation and take decisive action.  But we also have to ask will they put corruption aside and protect migratory birds and other protected animal species killed by hunters ?; or will they just continue down ‘corruption road’ as they have done; making no changes to the real benefit of any living thing apart from themselves ?

For your information, here below are a few links to the current (no) hunting situation in Albania, which we very much welcome.  We will be back at the UK RSPB tomorrow to get more info on the Africa – Europe migratory routes for birds; especially asking the question if Serbia is included as a major transit route for birds flying into Europe from Africa.

SAV.

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http://news.nationalgeographic.com/news/2014/02/140210-birds-albania-hunting-ban-migration-franzen/

Vast numbers of European birds and other wildlife will be spared from illegal slaughter, thanks to a two-year moratorium on all hunting enacted by the government of Albania.

The Balkan country, which lies along a major migratory flyway, encompasses wetlands and other habitats that provide crucial refueling stops for millions of migrating birds. But poor law enforcement, a surge in gun ownership, and an influx of foreign hunters had made Albania essentially a year-round shooting range. Targets were not just game species but also eagles, cranes, shorebirds, and even small songbirds.

While many Albanians, including a substantial number of hunters, realized that the situation had to change, the government showed no interest in strengthening conservation laws, or even in enforcing the regulations that were in place. But elections last June brought a new party to power, with government ministers more sympathetic to conservation.

http://www.aljazeera.com/indepth/features/2014/11/albania-hunting-ban-takes-aim-at-depopulation-2014111812148301986.html 

Albania’s coast is part of what’s called the Adriatic Flyway zone – an important resting spot for birds migrating between Europe and Africa. According to figures from EuroNatur, an NGO that runs conservation programmes in the region, an estimated two million birds were being hunted along the Adriatic coast before the moratorium came into effect.

http://www.rewildingeurope.com/news/albania-bans-all-hunting-for-two-years-to-protect-endangered-animals/  

The ban will be introduced in February. The new law suspends all hunting licenses and use of hunting areas. The government will use this hiatus to study ways to reform conservation regulations and bring control to what had become almost complete lawlessness.

http://www.birdlifecyprus.org/en/news-430-Ground_breaking_news_for_bird_conservation_Albania_votes_for_a_2_year_hunting_ban.html 

http://www.euronatur.org/News-Bird-hunting.939+M5fb2f742345.0.html?&cHash=d1553c491a421231fbcc3e00dfa76942 

The story “Last song for migrating birds” impressively shows how bird hunting in the Eastern Adriatic is persistently ruining extensive conservation programmes in the birds’ breeding areas. “The article was circulated within the relevant ministries and was very well received”, Spase Shumka, president of Albanian EuroNatur partner PPNEA, said to National Geographic. “The article strongly influenced the debate on hunting in Albania.”

Read the interview with Jonathan Franzen and an article on Albania’s hunting ban on the website of National Geographic:

Interview with Jonathan Franzen

Article “Albania’s Hunting Ban: Birds and Mammals Get a Two-Year Break”

Interview with Jonathan Franzen about his experiences at the “Adriatic crime scene” (2013)

http://www.onegreenplanet.org/news/albania-bans-hunting-to-save-endangered-species/ 

Albania’s environment ministry spoke with AFP, and reported that the country’s brown bears and eagles have become “seriously endangered” and that “the number of pheasant and wild quail have also fallen dramatically.”

We have been forced to adopt strict measures to protect endangered species from illegal hunting,” Environment Minister Lefter Koka told AFP.

The ban is set for introduction later this month, and while it will only remain in place for two years (unless revised later on), Albania’s move highlights the clear connection between overhunting and species loss, which so many other countries have yet to address, perhaps afraid of upsetting hunting lobbies or “tradition”.

 

 

 

Serbia: Official Complaint Regarding the Procedure for the Passing of Amendments to the Animal Welfare Act.

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To:

johannes.hahn@ec.europa.eu,

delegation-serbia@eeas.europa.eu,
michael.karnitschnig@ec.europa.eu,
kyriacos.charalambous@ec.europa.eu,
predsednikvlade@gov.rs,
predstavkegradjana@predsednik.rs,
kabinet@eu.rs,
mediji@predsednik.rs,
press@predsednik.rs

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Dear Sirs,

We are submitting a complaint regarding the procedure for the passing
of amendments to the Animal Welfare Act conducted by the Ministry of
Agriculture and Environmental Protection, Veterinary Directorate.

In the previous period, due to the same problem, we addressed the
Government of the Republic of Serbia but without any success.

The reasons for our appeal and filing the complaint are as follows:

1.      Because we have the evidence that the Ministry of Agriculture
intends to proceed with the violation of the Aarhus Convention and the
Law on ratification of that Convention, because it formed a working
group which made draft amendments to the Animal Welfare Law without the participation of the concerned public, and only after we learned what they are doing, they have subsequently included part of the interested public. Behind the scene, they have a plan and that is to
either directly or through amendments arranged with certain members of the National Assembly of RS – whether with the deputies of the ruling coalition, or with some MPs of the opposition – who will, if
necessary, present the amendments in the form they agreed with the
Veterinary Directorate and Forest Administration, before the National
Assembly (people who work in both administrations of the Ministry of
Agriculture and Environmental Protection belong to the ruling
coalition as well), and then with the majority of votes, the ruling
coalition in the National Assembly will vote the amendments with no
problems. This way, the draft will certainly have the content and form
proposed by the Ministry, regardless of the suggestions of the
concerned public; and no matter if the proposals of interested public
(OCDs) are better or not, the suggestions of the concerned public will
definitely be disregarded, since this Ministry already decided to work
this way, and will only present a false image that everything is done
according to the Aarhus Convention.

2.      Because so far the Ministry of Agriculture and Environmental
Protection of the Republic of Serbia has not enforced the following
Laws: Veterinary Act, the Animal Welfare Act, the Nature Protection
Act, the Law on Wildlife and Hunting, but instead has tolerated
dereliction or completely formal action or even inaction of the
Inspection Service of the Veterinary Directorate and Forest
Administration, which to date have not acted according to these laws,
but rather protected the following stakeholders: veterinarians and
hunters with whom the police cooperates. In many cases the president
of the Hunting Association is at the same time the Chief of police in
that area, and almost all police officers or majority, are hunters as
well, so the police protects the interests of hunters in every way,
even when they commit crimes. Inspections of the Forest Administration and Veterinary Directorate cooperate with hunters in everything, just like they cooperate with local governments in violation of the law, all under the excuse that towns are poor, that they have to,
primarily, solve the issues concerning the welfare of people, that the
welfare of animals is not a priority to them and that the republic
inspections do not have jurisdiction over the cities. In contrary, our
law precisely states that the Ministry of Agriculture and
Environmental Protection, through the Republic Inspections, must
supervise the applying of the aforementioned laws and all by-laws
stemming from them.

3.      This way, the Ministry of Agriculture and Environmental
Protection leads Serbia into a situation in which this country
violates the Copenhagen and Lisbon criteria, because it does not apply
its own laws and because the procedure for development and adoption of new laws and amendments to existing laws are being implemented in the interests of the ruling party, at the expense of general and public
interest. In addition, the Ministry of Agriculture and Environmental
Protection with all above mentioned actions violates the Serbian
Constitution and thereby human rights of Serbian citizens under the
guise of false democracy, and cherishes anarchy and corruption in the
area of life which is in the competence of the Ministry of Agriculture
and Environmental Protection. We strongly oppose all of this and our
opposition is in general and public interest of Serbia.

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4.      We oppose the harmful draft amendments to the Animal Welfare
Act itself. The draft was secretly made by a working group of the
Ministry of Agriculture and Environmental Protection, without the
participation of OCDs, and the heads of Veterinary Directorate and
Forests Administration of the Ministry of Agriculture and
Environmental Protection plan to counteract our subsequent involvement by the above-mentioned amendments, according to their initial plan, which brings back to our lives the regulation from 1991, which even then proved to be more backward and has led to the realization of a large number of failed investments and impoverishment of Serbia, all in the interest of the local rich people in Serbia, whose wealth is mostly created, not as a result of quality and quantity of their work, but as a result of bribery of government, and it exists in all levels of the horizontally and vertically networked corruption in the Serbian government, both in the area that is under the jurisdiction of the Ministry of Agriculture and Environmental Protection, as well as in the areas of police, inspection and public prosecutor’s offices.

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Pritužba

Poštovana gospodo komisioneri i gospodine Predsedniče Vlade Srbije

Pritužujemo se vama iz razloga sto:

1. Postoje dokazi da Ministarstvo poljoprivrede ima nameru nastaviti s
kršenjem Aarhuske Konvencije i Zakona o ratifikaciji te Konvencije,
jer je oformilo radnu grupu koja je bez učešća zainteresovane javnosti
napravila  Nacrt Izmena i dopuna Zakona o dobrobiti životinja i tek
nakon što smo mi saznali da to rade, naknadno je uključila deo
zainteresovane javnosti, ali zakulisno ima plan A – da ili direktno
ili putem amandmana po dogovoru s nekim poslanicima Narodne Skupštine
RS, bilo s poslanicima vladajuće  koalicije bilo s nekim poslanicima
opozicije, koji će po potrebi izneti amandmane u formi u kojoj se
dogovore s Upravom za veterinu i Upravom za šume, pred  Narodnu
Skupštinu. Zatim će većinom glasova, vladajuća koalicija u Narodnoj
Skupštini (vladajućoj koaliciji pripadaju i ljudi koji rade u
Ministartsvu poljoprivrede i zaštite životne sredine u ove dve uprave)
izglasati amandmane bez problema, tako da će svakako taj Nacrt imati
sadržaj i formu koju su mu predvideli u tom Ministartsvu, bez obzira
na predloge  zainteresovane javnosti i bez obzira koliko predlozi
zainteresovane javnosti (OCDs) budu bolji ili ne, svakako će predlozi
zainteresovane javnosti otpasti po planu A ovog Ministarstva, a ostaće
samo lažna slika da se postupa po Aarhuskoj Konvenciji.

2. Ministarstvo poljoprivrede i zaštite životne sredine RS do danas
nije primenjivalo: Zakon o veterinarstvu, Zakon o dobrobiti životinja,
Zakon o zaštiti prirode, Zakon o divljači i lovstvu – nego je
tolerisalo nesavestan rad ili potpuno formalno činjenje ili čak
nečinjenje, inspekcijske službe Uprave za veterinu i Uprave za šume,
koje do danas nisu postupale po ovim zakonima nego su štitile sledeće
interesne grupe: veterinare i lovce s kojima bezgranično saradjuje
policija (u mnogo slučajeva predsednik lovačkog udruženja je
istovremeno i načelnik policije u tom području, a skoro svi policajci
ili većina, su ujedno i lovci, tako policija štiti interese lovaca na
svaki način i onda kada oni čine krivična dela i prekršajna dela.
Inspekcije Uprave za šume i Uprave za veterinu saradjuju u svemu sa
lovcima, kao što saradjuju i sa gradskim upravama u kršenju zakona, uz
izgovor da su gradovi siromašni, da prvenstveno rešavaju dobrobit
ljudi a da im dobrobit životinja nije prioritet i da republičke
inspekcije nemaju intervencije nad gradovima, a  zakon upravo nalaže
da Ministarstvo poljoprivrede i zaštite životne sredine, putem
republičke inspekcije, vrši nadzor nad primenjivanjem pomenutih zakona
i svih podzakonskih akata koji proizilaze iz gore pomenutih zakona .

3. Na ovaj način Ministarstvo poljoprivrede i zaštite životne sredine
dovodi Srbiju u situaciju da ova država krši Kopenhagenske i
Lisabonske Kriterijume, jer ne primenjuje sopstvene zakone i jer
proceduru izrade i usvajanja novih zakona i izmena zakona sprovodi u
interesu vladajuće stranke a na štetu opšteg i javnog interesa. Pored
toga, Ministarstvo poljoprivrede i zaštite životne sredine svim napred
navedenim radnjama krši i Ustav Srbije a time i ljudska prava gradjana
Srbije, pod plaštom lažne demokratije i ovde neguje anariju i
korupciju u oblasti života koja je u kompetenciji Ministarstva
poljoprivrede i zaštite životne sredine .
Svemu ovome mi se oštro protivimo i naše protivljenje je u opštem i
javnom interesu Srbije .

4. Protivimo se i samom štetnom Nacrtu Izmena i dopuna zakona o
dobrobiti životinja. Nacrt je napravila radna grupa Ministarstva
poljoprivrede i zaštite životne sredine, tajno, bez učešća OCDs, a
naše naknadno uključenje čelnici Uprave za veterinu i Uprave za šume
Ministarstva poljoprivrede i zaštite životne sredine, imaju plan
neutralisati gore pomenutim amandmanima, po planu A a koji vraća u
naše živote regulativu iz 1991. godine i pre tog vremena. Ovo se
pokazalo nazadnim još tada i dovelo do realizacije velikog broja
promašenih investicija i do osiromašenja Srbije, sve u interesu
lokalnih bogataša u Srbiji, čija imovima je većinom nastala, ne kao
rezultat kvaliteta i kvantiteta njihovog rada, nego kao rezultat
podmićivanja vlasti. Na zalost, to i dalje postoji na svim nivoima,
horizontalno i vertikalno umrežene korupcije, kako u oblasti koja je u
ingerenciji Ministarstva poljoprivrede i zaštite životne sredine, tako
i u oblasti rada policije, inspekcije i javnih tužilaštava .

U potpisu i u nadi da cete odreagovati pozitivno i u skladu sa
zakonskim odredbama,

Yunited For Animal Protection
Great Britain

 

 

England: 22/4/15 – Update On The Serbian Animal Situation With The EU Enlargement Commission.

EnglandEU AW LOGO

 

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22/4/15 – Serbian situation update.

The situation regarding the ‘new kill’ proposals being put forward by the Serbian government, which they have been hoping to introduce during May; is obviously changing and updating on an almost daily basis.

Today (22/4), Mark made a telephone conversation to the EU Enlargement Commission (one of many over the past few months) in Brussels to ask when, if ever, he will be getting a written response to his letter of 22nd February 2015.  Read the original letter via this ref:

https://serbiananimalsvoice.com/wp-content/uploads/2015/02/commissioner-hahn-sav-post-version.doc

Mark was in conversation with the Commission Member of Cabinet, Mr. Kyriacos Charalambous, who is partly responsible for Serbian EU membership.

The conversation continued for quite some time, and the eventual outcome was that it transpired the EU Commission will not actually be writing back to Mark himself.  Instead, they wrongly assumed that the letter from Keith Taylor MEP (two days earlier than Mark’s) on 19th of February  –  https://serbiananimalsvoice.com/wp-content/uploads/2015/02/letter-to-commissioner-hahn-serbia-and-bosnia-stray-animal-welfare-19-feb-2015-1.pdf  ;

and the letter from Mark himself on 22nd of February  https://serbiananimalsvoice.com/wp-content/uploads/2015/02/commissioner-hahn-sav-post-version.doc

were, in their opinion, basically the same thing; and as such needed just one response from them.

This response from Commissioner Hahn was thus sent directly to Keith Taylor MEP, and titled ‘Honorable Member’; addressed only to Keith himself and nobody else, the content of which you can see directly below.

https://serbiananimalsvoice.com/wp-content/uploads/2015/04/stray-dogs-in-serbia-and-bosnia-and-herzegovina_response-from-commission_20-03-2015.pdf

We would always argue that in no way were the letters of Keith and Mark identical, and we still feel that each letter should have been acted on and responded to as individual issues by the EU Commission.  Commissioner Hahn and the Enlargement Commission for example; did not even touch on the many animal fighting video links which were provided in Mark’s letter and Mark’s letter only.  Video evidence that the Serbian government and police should have acted on years or months ago – and here we are now with the EU Commission further supporting the Serbian government with their utter ignorance and disrespect of what the videos actually show.  The Commission should run the issues, not give in and do what the Serbian government does and does not want to do.

Just for the record, as this link is being sent back to the EU Head of Cabinet; we repeat a few of the video links which were supplied ONLY in Mark’s original letter; not that of Keith Taylors.

https://www.youtube.com/watch?v=OmAljUem_8g

https://www.youtube.com/watch?v=wAPAzp8E6S0

https://www.youtube.com/watch?v=WCIFzA-mK4o

https://www.youtube.com/watch?v=mE9l-cm64hU

People involved in this animal abuse can be clearly seen in the videos; along with the name of the person who posted them onto Youtube in the first place – Jovica Vidovic.

So why has no action been taken by the Serbian government and police to enforce ‘the rule of law’ we ask ? – something the EU Commission seems unable to pick up on; and also, why are the EU Enlargement Commission waffling on with excuses to us that they have fully responded about things in the reply to Keith Taylor, when the actual reality is that the issues of the videos raised by Mark specifically do not even get a hearing at the EU Commission !!

So we are now left in the situation where the EU Enlargement Commission have failed to respond directly back to Mark regarding his letter to them of 22nd of February 2015. In the telephone conversation on 22/4, Mark did point out to the Member of Cabinet that a fundamental requirement of any EU accession state is ensuring that any new state seeking EU membership should be fully enforcing ‘the rule of law’ within its own country – and this should be proven to the EU.  So we ask again, where is the action being taken by either serbia or the EU Commission regarding the videos above ?

Mark also pointed out to the Commission that despite rulings from the Serbian Constitutional Court in 2005 saying that stray animals must not be killed; but instead controlled by other means,  https://serbiananimalsvoice.com/2010/01/25/serbia-constitutional-court-of-serbia-says-that-the-killing-of-stray-dogs-and-cats-in-serbia-is-forbidden-from-02102005/  the Serbian government has ignored the rulings of its own national Constitutional Court and continued to round up and kill stray animals for at least the last 10 years.

In the opinion of SAV and many others, it was made clear by Mark today (22/4) to the EU Commission that the Serbian government has  been ignoring the requirements of the Serbian Constitutional Court for the past 10 years is not enforcing the rule of law within Serbia.

Mark was ‘verbally assured’ by the EU member of Cabinet, that the EU is working hard to ensure that the ‘rules of law’ are enforced throughout Serbia before it is given EU membership. Mark pointed out that in his opinion and that of many others involved with animal welfare in Serbia, that these new proposals for ‘quicker killings’  of stray animals which are currently being presented by the Serbian government are simply a way of (as it has been said) “cleaning up the streets in order to Fast Track Serbia’s EU membership”.  This was denied by the EU Commission when suggested to them.

Fed up with no action from the EU; Mark closed the conversation with the EU by informing them he had little faith in their current actions; asking them to ensure that the Serbian government did NOT continue with their new kill proposals for May 2015, and reminded the EU that we (and many other EU animal welfare groups) will be watching and reporting on every event which takes place for Serbian animals over the coming months.

If the Member of Cabinet at the EU did not get the message today that they need to act; and act positively and quickly in the next few weeks; then it has to be asked exactly what one has to do with the EU to simply get a message through to them !!

And then we wonder why so many people in the UK (for example) want to get out of the EU ! – with actions like theirs is it any wonder people want to move to an authority that does not continually drag its heels.

So, we have been busy behind the scenes.  This is the latest of all the events but we will continue to keep you updated as always when we feel it is time to do so.  And EU Commission; we are watching your actions (or lack of) very closely.

We dont want a ‘Romania 2’ when Serbia is allowed into the EU.  Sort It Now.

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