Opinion of the Advocate General — ECLI:EU:C:2014:2216
Date: 2014-09-11
Language of the case: German
Subject matter: Agriculture and Fisheries
Procedure: Reference for a preliminary ruling
Origin: Germany

Summary — Judgment of the Court (Fifth Chamber), 23 April 2015 Agriculture — Approximation of laws — Protection of animals during transport — General conditions applicable — Check to be carried out of the journey log by the competent authority at the place of departure prior to long journeys — Competent authority empowered to check the arrangements for those stages of the journey taking place outside the territory of the European Union (Art. 13 TFEU; Council Regulation No 1/2005, Art. 14(1)) Article 14(1) of Regulation No 1/2005 on the protection of animals during transport and related operations must be interpreted as meaning that, in order for transport involving a long journey for domestic Equidae other than registered Equidae, and domestic animals of bovine, ovine, caprine and porcine species which commences on the territory of the European Union and continues outside that territory to be authorised by the competent authority of the place of departure, the organiser of the journey must submit a journey log which, in the light of the arrangements for the journey as planned, is realistic and indicates that the provisions of that regulation will be complied with, including for the stages of the journey which are to take place in the territory of third countries, that authority being empowered, should that not be the case, to require changes to those arrangements to ensure compliance with those provisions throughout the journey. In Article 14, Regulation No 1/2005 does not subject the transport of animals with a point of departure within the territory of the European Union and a destination in a third country to any particular approval scheme, different from that applicable to transport taking place within the European Union. The protection of animal welfare is a legitimate objective in the public interest, the importance of which was reflected, in particular, in the adoption by the Member States of the Protocol on protection and welfare of animals, annexed to the EC Treaty, on which Regulation No 1/2005 is based, the substance of which is henceforth to be found in Article 13 TFEU, which is a provision of general application of the FEU Treaty, contained in Part One thereof, setting out the ‘Principles’. (see paras 35, 47, 56, operative part)