Appendix I: the EU S Policies Including Treaties, Legislations and the CAP

Appendix II

The EU’s Policies References can be found in the reference list of the thesis.

Animal Welfare Policies:

Treaties Title II, Provisions having general application: Article 13: “In formulating and implementing the Union’s agriculture, fisheries, transport, internal market, research and technological development and space policies, the Union and the Member states shall, since animals are sentient beings, pay full regard to the welfare requirements of animals, while respecting the legislative or administrative provisions and customs of the Member States relating in particular to religious rites, cultural traditions and regional heritage.” (Bonde 2008:53) Legislation The policy objectives of the EU in regards to animal welfare are stated in Article 13 and “this puts animal welfare on equal footing with other key principles mentioned in the same title i.e. promote gender equality, guarantee social protection, protect human health, combat discrimination, promote sustainable development, ensure consumer protection, protect personal data” (European Commission 1).

“It needs, however, to be noted that the European Union operates under the principles of conferred competences and subsidiarity. So competence not conferred upon the Union in the Treaties remain with the Member States and under the principle of subsidiarity, in areas that do not fall within its exclusive competence, the Union shall act only if and in so far as the objectives cannot be sufficiently achieved by the Member States (Article 1, 4 and 5 of the EU Treaty). As a consequence certain topics of animal protection remain under the responsibility of the Member States (e.g. the use of animals in competition, shows, cultural or sporting events and the management of stray dogs)” (European Commission 1) . The European Commission (26/06/2013) states: “The aim of EU legislation on the welfare of farm animals is to recognise that animals are sentient and should not endure unnecessary suffering.” The legislation includes the “five freedoms” of animal welfare, which states: o “Freedom from hunger or thirst – access to fresh water and a diet for full health and vigour o Freedom from discomfort – an appropriate environment with shelter and comfortable rest area

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o Freedom from pain, injury or disease – prevention or rapid treatment o Freedom to express normal behaviour – adequate space and facilities, company of the animal’s own kind o Freedom from fear and distress – conditions and treatment which avoid mental suffering” (European Commission 2)

The Animal Welfare Strategy 2012-2015 “Thanks to the European Union’s Lisbon Treaty, animals are recognised as sentient beings, meaning that they are capable of feeling pleasure and pain. In recognition of this, the European Commission has adopted a new strategy to improve welfare conditions for animals kept on farms, living in zoos and used for experiments. The European Commission is striving to ensure that farm animals are kept and transported under conditions that do not subject them to maltreatment, abuse, pain or suffering.” (Directorate General for Health and Consumers 2012:1)

“The Strategy lays the foundation for improving welfare standards from 2012 to 2015, as well as making sure that these standards are applied and enforced in all European Union countries. It focuses on enhancing knowledge among the many key agencies, organisations and individuals who are involved in the process. It also works to improve the competitiveness of European agricultural products by ensuring that markets and consumers recognise animal welfare as an added value. It operates under the guiding principle 'Everyone is responsible'.” (European Commission 5) The Animal Health in 2013: The European Parliament and the Council adopted the Regulation on transmissible animal diseases (“Animal Health Law”) in March 2016. The Regulation was published in the Official Journal on 31 March 2016. The Regulation enters into force on the twentieth day following that of its publication in the Official Journal of the European Union and will be applicable in 5 years. (European Commission 7) “Animal health is a concern for all European citizens. This concern stems from the public health, food safety and food security aspects, which are related to animal health but also from economic costs that animal disease outbreaks can trigger and the animal welfare considerations, including the implications of disease control measures on animal welfare.” (European Commission 06/05/2013:2)

“At the same time, this proposal reflects the priorities of Smart Regulation by aiming to simplify the existing legal framework while reflecting stakeholders’ expectations in reducing administrative burdens.” (European Commission 06/05/2013:2)

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“And finally, it reflects Commission priorities such as smart growth objective of the Europe 2020 strategy by helping the sector to become more resilient due to active prevention measures and more flexible risk management.” (European Commission 06/05/2013:2)

Objectives of the proposal: “The Animal Health Law is the legal framework to support the Animal Health Strategy for the EU, published in 2007. The general objectives as outlined in the Strategy are: o to ensure a high level of public health and food safety by minimising the incidence of biological and chemical risks to humans; o to promote animal health by preventing/reducing the incidence of animal diseases, and in this way to support farming and the rural economy; o to improve economic growth/cohesion/competiveness assuring free circulation of goods and proportionate animal movements; o to promote farming practices and animal welfare which prevent animal health related threats and minimise environmental impacts in support of the EU Sustainable Development Strategy.” (European Commission 06/05/2013:3)

Environment

Treaties Title II Provisions having general application: Article 11: “Environmental protection requirements must be integrated into the definition and implementation of the Union policies and activities, in particular with a view to promotion sustainable development” (Bonde 2008: 53).

Title XX Environment: Article 191(1): “Union policy on the environment shall contribute to pursuit of the following objectives: o preserving, protecting and improving quality of the environment o protecting human health o prudent and rational utilisation of natural resources o promoting measures at international level to deal with regional or worldwide environmental problems and in particular combating climate change” (Bonde 2008: 130)

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Legislation Decision No 1386/2013/EU: (1) “The Union has set itself the objective of becoming a smart and inclusive economy by 2020 with a set of policies and actions aimed at making it a low-carbon and resource-efficient economy.” (Decision 20/11/2013: 171) (4) “The final assessment of the 6th EAP concluded that the programme delivered benefits for the environment and provided an overarching strategic direction for environment policy. Despite those achievements, unsustainable trends still persists in the four priority areas identified in the 6th EAP: climate change, nature and biodiversity, environment and health and quality of life; and natural resources and wastes.” (Ibid 20/11/2013: 171)

Programme for 2020: 11. “The transformation into an inclusive green economy requires the integration of environment issues into other policies, such as energy, transport, agriculture, fisheries, trade, economy and industry, research and innovation, employment, development, foreign affairs, security, education and training, as well as social and tourism policy, so as to create a coherent, joined-up approach. Action within the Union should also be complemented by enhanced global action and cooperation with neighbouring countries to tackle common challenges.” (Decision 20/11/2013: 176)

12. “The Union has set this transformation in motion with long-term, integrated strategies to halt biodiversity loss, improve resource efficiency and expedite the transition towards a safe and sustainable low-carbon economy. The Commission has further integrated environmental concerns and objectives in recent initiatives taken in other key policy areas, including energy and transport, and sought to enhance the delivery of environmental benefits through reforms of Union policies for agriculture and rural development, fisheries and cohesion, building on achievements to date. In this regard, cross-compliance is particularly important in contributing to the sustainability of agriculture, by promoting the protection of vulnerable ecosystems, such as water bodies, soil and habitats for species.” (Ibid 20/11/2013: 176)

20. “Protecting, conserving, enhancing and valuing the Union’s natural capital therefore also requires tackling problems at source through, inter alia, better integration of natural capital objectives in the development and implementation of other policies, and ensuring that policies are coherent and deliver mutual benefits. The environment-related elements set out in the Commission’s reform proposals, in particular for Union agriculture, fisheries and cohesion policy,

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backed by the proposals for greening the Union budget under the Multi-Annual Financial Framework 2014-2020 are designed to support those objectives. Since agriculture and forestry together represent 78% of land cover in the Union, they play major role in maintaining natural resources, especially good quality water and soil as well as biodiversity and diverse cultural landscapes. Greening of the CAP will promote environmental beneficial agricultural and forestry practices such as crop diversification, the protection of permanent grassland and grazing land, and sustainable agroforestry, and will also promote the establishment and maintenance of ecologically valuable farmland and forest areas, including through extensive and traditional practices. It will also increase the land use, land-use change and forestry sector’s capacity to act as a carbon sink. An essential element in sustainable agriculture is farming with a sense of responsibility for future generations, while at the same time remaining resource-efficient and productive.” (Ibid 20/11/2013: 179)

Agriculture

Treaties Title III, Agriculture and Fisheries: Article 39(1): “The objectives of the common agricultural policy shall be: (a) to increase agricultural productivity by promoting technical progress and by ensuring the rational development of agricultural production and the optimum utilisation of the factors of production, in particular labour; (b) thus to ensure a fair standard of living for the agricultural community, in particular by increasing the individual earnings of persons engaged in agriculture, (c) to stabilise market; (d) to assure the availability of supplies, (e) to ensure that supplies reach consumers at reasonable prices. (Bonde 2008:62)

Article 39(2): “In working out the common agricultural policy and the special methods for its application, account shall be taken of (a) the particular nature of agricultural activity, which results from social structure of agriculture and from structural and natural disparities between the various agricultural regions: (b) the need to effect the appropriate adjustments by degrees; (c) the fact that in the Member States agriculture constitutes a sector closely linked with the economy as a whole.” (Bonde 2008: 62) The Common Agriculture Policy (CAP)

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“For more than twenty years, starting in 1992, the CAP has been through successive reforms which have increased market orientation for agriculture while providing income support and safety net mechanisms for producers, improved the integration of environmental requirements and reinforced support for rural development across the EU.” (European Commission No5/2013:2)

“The new policy continues along this reform path, moving from product to producer support and now to a more land-based approach. This is in response to the challenges facing the sector, many of which are driven by factors that are external to agriculture.” (European Commission No5/2013:2)

“These have been identified as economic (including food security and globalisation, a declining rate of productivity growth, price volatility, pressures on production costs due to high input prices and the deteriorating position of farmers in the food supply chain), environmental (relating to resource efficiency, soil and water quality and threats to habitats and biodiversity) and territorial (where rural areas are faced with demographic, economic and social developments including depopulation and relocation of businesses).” (European Commission No5/2013:2)

A more sustainable EU agriculture: “Given the pressure on natural resources, agriculture has to improve its environmental performance through more sustainable production methods. Farmers also have to adapt to challenges stemming from changes to climate by pursuing climate change mitigation and adaption actions (e.g. by developing greater resilience to disasters such as flooding, drought and fire).” (European Commission No5/2013:6)

“Firstly there is a simplified and more targeted cross-compliance, representing the compulsory basic layer of environmental requirements and obligations to be met in order to receive full CAP funding.” (European Commission No5/2013:6) “On top of this, from 2015 onwards, the CAP introduces a new policy instrument in Pillar 1, the Green Direct Payment.” (European Commission No5/2013:6)

“This accounts for 30% of the national direct payment envelope and rewards farmers for respecting three obligatory agricultural practices, namely maintenance of permanent grassland, ecological focus on areas and crop diversification. As the green direct payment is compulsory it has the advantage of introducing practices that are beneficial for the environment and climate on most of the utilised agricultural area.” (European Commission No5/2013:7)

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”Direct payments help ensure that farming can be maintained throughout the EU by providing a steady income for farmers. In this way, they support the long-term viability of farms and cushion them against price fluctuations. Direct payments make up 30% of agricultural incomes on average at EU level. But in recent years, because of the crisis, direct payments have in some cases accounted for 60% of agricultural incomes; this was the case, for example, in Sweden, Ireland and Denmark during the 2008/09 crisis.” (European Commission 26/06/2013)

“Direct payments also reward farmers for aspects of their work that are not taken into account by the markets but are nevertheless vital public benefits to all Europeans. The reform adopted in June 2013 plans to link 30% of the direct support paid to farmers to compliance with efficient agricultural practices aimed at preserving biodiversity, soil quality and the environment in general. These include crop diversification, the maintenance of permanent grassland and the preservation of ecological areas on farms.” (European Commission 26/06/2013)

“Moreover, all direct aid is paid to farmers subject to the condition that they keep to strict standards relating to the environment, food safety, plant and animal health and animal welfare, and generally keep their land in good productive condition. This is called “cross-compliance.” If these rules are not complied with, payments may be suspended and the farmer might face penalties. (European Commission 26/06/2013)