from: PAUL TYLER CBE MP
Liberal Democrat MP for North Cornwa11
(and Shadow Leader of the House)
House of Commons London SWIA OM
1 February 2002 Please quote ref: PT/MRS/6327
I have just received a copy of the letter that Commissioner David Byrne has sent to the MEP for the South West, Graham Watson. I attach a copy.
From this you will see that the attempt to persuade other Member States to support the measures currently pursued in Germany has failed. There seems to be no likelihood that the worst effects of breed-specific legislation will be extended.
In the meantime, I have discussed this with Graham Watson, and we have agreed to keep a watchful eye on developments, in case we have to ask for a meeting with the Commissioner at a later stage.
PAUL TYLER
Enc.
Copy David Levy,
Ashford, Middx.
DAVID BYRNE Rue de la Loi 200 – B-1D49 Bruxelles
MEMBER 0F THE EUROPEAN COMMISSION Wetstraat 200 – B-1D49 Brussel
Brussels 28.01.2002 D/000204
Dear Mr Watson
I refer to your letter of 10 December regarding the harmonisation of laws across Europe in relation to dangerous dogs.
Unfortunately, I will not be available to meet you on 28 January 2002 as I will not be in Brussels on that date. However, it might be useful if I outline the background to this issue. The Federal Authorities in Germany adopted legislation on dangerous dogs, banning certain breeds, in the interests of public safety. While one may question whether it is the correct policy to focus on individual breeds, we have to be sensitive to their insistence that it is necessary to protect public safety especially in the tragic circumstances which underlie the legislation. Nonetheless, the measure has led to allegations of discrimination against certain breeds, particularly the Staffordshire Bull Terrier. This breed is very popular in the United Kingdom where it is not associated with aggressivity. The German policy has also been attacked as focusing on breeds of dog rather than on the behaviour of individual animals and/or their owners when there are good grounds to suggest that the latter are the more important factors.
The Commission has received a lot of complaints and correspondence in the matter and my services and cabinet have met animal welfare groups and canine associations, including the RKC, to discuss these concerns. However, it is very difficult to see a Community dimension to the issue which would allow me to play a constructive role. First and foremost, from the public health perspective, it is viewed in the Member States as a subsidiarity issue which does not require any Community involvement. In this respect, I have not received an approach from any Member State on the need for Community legislation in this field. Moreover, it is not clear what legal case under the Treaty could be used to promote public health legislation on the issue of dangerous dogs. In the circumstances I have decided that priority should be given in my services to other animal welfare issues where there is a clear-cut case for Community action.
It may also interest you to know that Germany did raise the issue of Community measures on dangerous dogs in the Justice and Home Affairs Council. However, I understand that there was no support for such measures and the issue has not been pursued further in that Council. I understand that efforts to have the matter pursued in other areas of Community competence, for example freedom of movement and agriculture, have also not met with much success for reasons similar to what I have outlined above.
Clearly, the situation will be kept under review but for the moment the situation in relation to public health is as outlined above. If there is any change in the situation I will ensure that you are informed. In the meantime, your constituents are welcome to maintain their contacts with the Commission services.
Finally, may I congratulate you on your election as leader of the ELDR Group in Parliament. I look forward to maintaining the good working relationship I had with your predecessor and suggest we might arrange a meeting some time in the near future.
Yours sincerely
Mr Graham Watson MEP
European Parliament
Rue Wiertz
1047 Brussels