Filenews 9 May 2024
An animal welfare organization made complaints in early 2022 about the uncontrolled import of companion dogs and their illegal resale and the Veterinary Clinic has yet to investigate them.
Through the complaint, the conflict between the Ministry of Agriculture and Veterinary Services became apparent, with the Commissioner for Administration where the issue arrived, recommending in her report that they find them in the public interest.
The subject of the complaint was the stance taken by the Veterinary Services towards the President of the Federation of Animal Welfare Organizations of Cyprus "Voice for the Animals of Cyprus", in relation to her request for measures to prevent the uncontrolled import of dogs for illegal resale.
As stated in the Commissioner's report, the complainant from the beginning of 2022 approached the competent Ministry which forwarded the matter to the Veterinary Services requesting a study of the issue and promotion of specific measures, something that has not been done to date.
The report also finds that although the Veterinary Services were aware of this issue, even before the submission of the complaint and despite the relevant written instructions given by the Ministry of Agriculture (9/5/2022 and 28/11/2022), the Veterinary Services omitted or even neglected for a long time, as competent, to take all necessary steps and appropriate actions to examine the complaints and take measures.
The finding of the Commissioner for Administration is that this omission conflicts with the administration's obligation to act within a reasonable time, so that its intervention is timely and effective and prevents the creation or consolidation of illegal situations. The report stresses that the public service has no discretion but an obligation, to act and to exercise its powers, for the purpose of protecting the public interest.
At the same time, it is emphasized that the state and the administration are governed by the principle of unity and that the administrative function, which concerns the day-to-day management of public affairs, is considered part of the executive function of the state.
The position of the Director of Veterinary Services, Christodoulos Pipis, as reflected in a letter to the Commissioner for Administration HM. 19/1/2024, was that the delay in replying to the complainant was not due to any other reason, other than the fact that during the review of the pending official correspondence, it was found that this letter had not been forwarded for handling.
He clarified that when initially the Ministry of Agriculture asked the Veterinary Services on 28/11/2022 to examine the effectiveness of veterinary and customs controls at points of entry and the procedures governing permits for imports of animals as pets or for commercial purposes, he was suspended and when he returned to his duties he was not informed about this issue.
Regarding the substance of the issue raised by the complainant, Mr. Pipis pointed out that the issue is related to Article 5 of the EU Regulation, which allows the movement under specific conditions in each movement of up to five pets, stressing that at European level it is known that this provision raises issues of its abuse and for this reason a reassessment is planned. At the national level, he adds, the director of the Veterinary Services asked for the matter to be investigated by his colleagues per province.
As for the complainant, the director of the veterinary clinic said that she is biased towards him.
Conflict between the Services and the Ministry of Agriculture
According to the complainant's correspondence with the Veterinary Services, there was a conflict between the services and the Ministry of Agriculture.
In particular, the complainant in a new letter from the hon. 1/3/2023 to the Veterinary Authorities, asked whether a meeting of the Services with the Department of Customs and Excise took place to determine a protocol on the matter. The Veterinary Surgeons responded to her letter rejecting her claim of instructions from the Ministry of Agriculture to the Services to meet with the Department. Customs for the purpose of revising or defining between them protocols for the control of points of entry into the Republic.
In fact, the Veterinary Clinics characterized the instructions or guidance from the Ministry of Agriculture to them as unnecessary, due to the fact that "the staff of the Ministry of Agriculture is not scientifically competent in veterinary medicine and at the same time trained as to what management is imposed and is foreseen to benefit from a veterinary point of view the issues of competence of the Service". In addition, it was noted that it causes unnecessary bureaucracy, delay and confusion of responsibilities for the complainant to address the Ministry.
These positions were refuted by the former Minister of Agriculture, Petros Xenophontos, who in a letter from the hon. 9/10/2023 to the Director of Veterinary Services, recalled a previous letter from the Ministry of Veterinary Services. 22/11/2022 (under Minister Costas Kadis) to the Veterinary Services, which gave instructions for handling the issue in relation to the procedures of veterinary and customs controls at points of entry and permits for imports of pets "and therefore what is stated in the letter of the Veterinary Medicine to the complainant about the non-given instructions on this matter is not true".
In fact, he characterized the tone and content of the letter of the Veterinary Clinic to the complainant as unacceptable and stressed finally that the coordination and cooperation of the Ministry with its departments are necessary for the implementation of their strategic goals.
Ministry – Veterinary Clinic was not in alignment
Following the positions of the two sides, the Commissioner in her report stresses that "it is therefore inconceivable that any disagreements that exist between ministries and their departments or services take the form of conflicts or contradictory decisions towards citizens or lead to a breach of commitments given to citizens.
In this regard, from the correspondence brought to my attention, one gives the impression that the Ministry of Agriculture and the Veterinary Services were not in line with their decisions and actions, while further the Veterinary Services questioned the competence of the said Ministry."
Finally, the Commissioner recommends that the Veterinary Services, in consultation with the competent Ministry, proceed without further delay to a thorough investigation of the complaints in relation to the issue of uncontrolled imports of companion animals into the Republic and take the necessary and appropriate measures to address it, keeping the Federation of Animal Welfare Organizations of Cyprus "Voice for the Animals of Cyprus" informed.
