Advancing animal interests

What lawyers expect from competent authorities

Noor Evertsen, Dier&Recht, June 2012

Dutch CA: NVWA

Nederlandse Voedsel- en Warenautoriteit / Netherlands Food and Consumer Product Safety Authority, independent agency in the Ministry of Economic Affairs, Agriculture and Innovation:

“The task of the (NVWA) is to protect human and animal health. It monitors food and consumer products to safeguard public health and animal health and welfare. The Authority controls the whole production chain, from raw materials and processing aids to end products and consumption.”

Welfare Strategy 2012 - 2015

• EU animal welfare legislation has improved the welfare of many of Europe’s farm and experimental animals

• but more consistent enforcement of existing legislation is necessary

• need to act in the short term

Learning the hard way

• non-compliance at cattle markets (2005)• NVWA-leaks (2007)• ‘freedom of information’

Enforcement in transformation

• “a time consuming nuisance”• transition to risk-based, trust-based inspections,

compliance presumed (cf regulation (EC) 882/2004 - OFFC)

• aligning welfare inspections with OFFC inspections (decision 2006/778 EC); no priority

• alternatives to regulation• low visibility of effects

Working in the shadows

Supplementing enforcement?

• ‘parallel’ experience and expertise of NGO’s/lawyers

• ‘extra’ experience and expertise: welfare of companion animals

• well versed in practical and theoretical aspects

Expectations

• Transparency and accountability• Permanent education• As part of a structure of education

involving all ‘stakeholders’• Focus on animal welfare• Take part in the rethinking of the position

of animals in economics and the legal system

Conclusions

• Priority to animal welfare inspections – welfare of ‘all’ animals

• Critical reflection on relation CA to industry• Acknowledgement of lawyers’ expertise – to be

improved by cooperation and education• New strategy a perfect occasion for EU initiatives

in communication and consultation!

Thank you!