G/TBT/N/DNK/134  
19 April 2024  
(24-3268) Page: 1/2 
Committee on Technical Barriers to Trade  Original:  English  
 
  
NOTIFICATION  
The following notification is being circulated in accordance with Article 10.6  
 
1. Notifying Member:  DENMARK  
If applicable, name of local government involved (Article 3.2 and 7.2):   
2. Agency responsible:   
Danish Veterinary and Food Administration  
Stationsparken 31 -33 
2600 Glostrup  
Tel.: + 45 72276900  
E-mail: email@fvst.dk  
Website address: https://foedevarestyrelsen.dk/english/Pages/default.aspx  
Name and address (including telephone and fax numbers , email and website 
addresses, if available) of agency or authority designated to handle comments 
regarding the notification shall be indicated if different from above:   
Danish Business Authority  
Langelinie Allé 17  
DK-2100 Copenhagen O  
Phone: +45 35 29 10 0 0 
E-mail: notifikationer@erst.dk  (mailto: notifikationer@erst.dk ) 
3. Notified under Article 2.9.2 [X], 2.10.1 [  ], 5.6.2 [  ], 5.7.1 [  ], 3.2 [  ], 7.2 [  ], 
other :  
4. Products covered (HS or CCCN where applicable, otherwise national tariff 
heading. ICS numbers may be provided in addition, where applicable):  LIVE 
ANIMALS (HS code(s): 01); Agriculture (ICS code(s): 65)  
The draft legislation concerns technical specifications/requirements regarding the internal 
height of lorries/vehicles transporting live swines/pigs to/in Denmark.  
CCCN 1010 (0103) live swine (and CCCN 8704 motor vehicles for transport of goods).  
5. Title, number of pages and language(s) of the notified document:  Draft order on 
the amendment of order on the protection of animals during transport; (4 page(s), in 
Danish)  
6. Description of content:  A new § 9a is added to the existing national legislation on 
protection of animals during transport in order to set additional minimum requirements 
to the internal height of lorries/vehicles transporting live swine/pigs below 40 kg.  
So far, such requiremen ts have only concerned the transportation of live swine/pigs above 
40 kg.  
The provision introduces minimum internal floor height requirements. This means that a 
new table is added to Annex 1 to the Transport Order, which currently only lays down 
internal h eight requirements for pigs over 40 kg. Internal height requirements for pigs 
over 40 kg, which currently appear in Annex 1 to the Transport Order, have previously G/TBT/N/DNK/134  
 
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  been validated by both the European Court of Justice (Case C -491/06 and Case C -316/10) 
and t he Danish Supreme Court. Both the European Court of Justice and the Supreme 
Court have ruled that national numerical standards may be set for internal height. At the 
same time, the Court of Justice of the European Union mentions that legal certainty is 
enhanced and the predictability is increased by setting minimum internal height 
standards.  
The extension of the height requirements for pigs under 40 kg in Table 1 of the Order is 
based on new research results regarding minimum values for internal height requ irements 
and the development of a new height/weight preparation model published by Aarhus 
University in July 2022.  
The legal basis for the establishment of internal height requirements follows from Council 
Regulation (EC) No 1/2005 of 22 December 2004 on t he protection of animals during 
transport and related operations, Article 3(g) and Annex 1, Chapter II, point 1.2, 
respectively on appropriate heights for animals and ensuring free movement and 
adequate ventilation during transport.  
The draft Order is expe cted to enter into force on 1th of July 2024 and will apply after the 
end of a six -year and nine -month transitional period, i.e. 1 April 2031.  
7. Objective and rationale, including the nature of urgent problems where 
applicable:  The additional requirements for transport of live swine/pigs below 40 kg are 
based on new research results.; Protection of animal or plant life or health  
8. Relevant documents:   
Draft order on the amendment of order on the protection of animals during transport.  
Danish Order on animal welfare No. 1597 of 8 July 2021. and  
Council Regulation (EU) No. 1/2005 on protection of animals during transport  
2024/0074/DK  
9. Proposed date of adoption:  1 July 2024  
Proposed date of entry into force:  1 July 2024; The draft order is expected to enter 
into force on July 1st 2024 and will apply after the end of a six year and nine month 
transitional period i.e April 1st 2031  
10. Final date for comments:  60 days from notification  
11. Texts available from:  National enquiry point [ ] or address, telephone and fax 
numbers and email and website addresses, if available , of other body:   
Danish Standards  
Göteborg Plads 1  
Nordhavn  
DK-2150 
Tel: + (45) 39 96 61 40  
Fax: + (45) 39 96 61 01  
Email: wto@ds.dk  
Website: http://www.ds.dk  
https://members.wto.org/crnattachments/2024/TBT/DNK/24_02694_00_e.pdf  
https://members.wto.org/crnattachments/2024/TBT/DNK/24_02694_00_x.pdf  
https://member s.wto.org/crnattachments/2024/TBT/DNK/24_02694_01_x.pdf  
https://members.wto.org/crnattachments/2024/TBT/DNK/24_02694_02_x.pd f