Commission warns Ireland on outdated animal experiments legislation
The European Commission has sent a letter of formal notice to Ireland asking it to comply with a European Court of Justice (ECJ) ruling with regard to the Animal Experiments Directive. In 2001 the ECJ ruled that Ireland had used too narrow a definition of the term 'experiment', and had also failed to put in place adequate penalties for people who breach the required safeguards. 'I urge Ireland to take urgent steps to bring its current 19th century legislation into line with EU rules on animal experiments,' said EU Environment Commissioner Margot Wallström, commenting on the decision to send the letter. The Animal Experiments Directive aims to ensure that where animals are used for experimental or other scientific purposes, certain common animal protection provisions are applied across the Community. Irish regulations used to implement the Directive are based on the Cruelty to Animals Act of 1876. The definition of 'experiment' used in the Act is regarded as too narrow as it excludes, for example, genetic experiments, which can cause animals lasting physical damage. The fines imposed by Ireland as a deterrent to abusive animal experimentation practices are also regarded by the Commission as too small to be effective. Following the ECJ ruling in October 2001, the Commission wrote to the Irish authorities the following month to inquire how Ireland intended to rectify the situation. As no response was received within two months, the Commission decided to open infringement proceedings against the EU Member State, and may also impose a fine. Ireland now has around two months to respond to the formal notice, after which time, the Commission may issue a 'reasoned opinion' (or second warning) to Ireland. If a country does not comply with a reasoned opinion within a specified time period, the Commission may decide to bring the case before the ECJ.