Question to the EC: Infringement proceedings – Directive 2010/63/EU — investigation into alleged cruel and illegal practices in the LPT Laboratory in Lower Saxony

See Francisco Guerreiro’s question to the European Commission and the written answer on the infringement proceedings to the Directive 2010/63/EU and the investigation into alleged cruel and illegal practices in the LPT Laboratory in Lower Saxony.

Subject: Infringement proceedings – Directive 2010/63/EU — investigation into alleged cruel and illegal practices in the LPT Laboratory in Lower Saxony

On 10 September 2018, Keith Taylor (Greens/EFA) tabled a question (E-004591/2018) on Commission infringement proceedings against 10 Member States regarding the transposition into national law of Directive 2010/63/EU. On 16 July 2018, Martin Häusling (Verts/ALE) tabled another question (E-003938/2018), asking how the Commission intended to respond to complaints of failure by Germany to properly transpose Directive 2010/63/EU. In view of this: 

Will the Commission provide details of current complaints regarding transposition by the Member States of Directive 2010/63/EU and an update of the status of infringement proceedings against each Member State? 

Given the horrific findings of Cruelty Free International and Soko Tierschutz in the LPT animal testing laboratory in the German state of Lower Saxony, can the Commission confirm that that the laboratory is in breach of Directive 2010/63/EU and does it agree that this is, at least in part, attributable to incorrect transposition thereof by Germany?

Will the Commission ensure that action is taken against this particular laboratory and satisfy the EP that such abuses are not taking place in other Member States?

Answer in writing

Based on the report by Cruelty Free International and SOKO Tierschutz, the described acts of cruelty towards laboratory animals committed by the Laboratory of Pharmacology and Toxicology (LPT) appear to be in breach of Directive 2010/63/EU(1). Indeed, Article 4(3) of this directive foresees obligations of care and treatment.

Furthermore, Article 34 of the directive foresees an obligation for the Member States to carry out regular inspections in order to verify the compliance with the requirements of the directive. According to the investigation, the LPT laboratory has been inspected four times since 2018, however no breach had been identified.

Before these acts came to light, the Commission had launched an infringement procedure for non-conformity of national transposition laws with the directive against Germany on 19 July 2018. In July 2019, a reasoned opinion was addressed to the German Government. The Commission received a reply in September 2019, which is currently under assessment. 

In the light of the Non-Governmental Organisations’ report about LPT, the Commission services have expressed their concerns and have asked for further clarifications on the steps the German authorities intend to take on the matter. 

In the meantime, the German media have announced the closure of the laboratory and an investigation by the Federal Prosecutor.

In total, the Commission had launched fifteen infringement procedures for non-conformity against different Member States — three have been closed subsequently after the Member States have corrected the problem in their national law. 

(1)  Directive 2010/63/EU of the European Parliament and of the Council of 22 September 2010 on the protection of animals used for scientific purposes (Text with EEA relevance),

https://eur-lex.europa.eu/legal-content/PT/TXT/?uri=CELEX:02010L0063-20190626

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