1991L0628 — EN — 24.07.1992 — 001.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COUNCIL DIRECTIVE
of 19 November 1991
on the protection of animals during transport and amending Directives 90/425/EEC and 91/
496/EEC
(91/628/EEC)
(OJ L 340, 11.12.1991, p. 17)
Amended by:
Official Journal
No page date
►M1Council Decision 92/438/EEC of 13 July 1992 L 243 27 25.8.1992
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▼B
COUNCIL DIRECTIVE
of 19 November 1991
on the protection of animals during transport and amending Direct-
ives 90/425/EEC and 91/496/EEC
(91/628/EEC)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic
Community, and in particular Article 43 thereof,
Having regard to the proposal from the Commission (1),
Having regard to the opinion of the European Parliament (2),
Having regard to the opinion of the Economic and Social Committee (3),
Whereas in its resolution of 20 February 1987 on animal welfare
policy (4), the European Parliament called upon the Commission to put
forward proposals on the protection of animals during transport;
Whereas in order to eliminate technical barriers to trade in live animals
and to allow the market organizations in question to operate smoothly,while ensuring a satisfactory level of protection for the animalsconcerned, the Community has adopted rules in this field;
Whereas all Member States have ratified the European Convention for
the protection of animals during international transport and have signedthe additional Protocol enabling the Community as such to accede to thesaid Convention;
Whereas Council Regulation (EEC) No 3626/82 of 3 December 1982
on the implementation in the Community of the Convention on inter-national trade in endangered species of wild fauna and flora (
5), herein-
after referred to as ‘Cites', regulates the conditions of transport ofcertain species;
Whereas Directive 77/489/EEC (
6) laid down rules on the protection of
animals during international transport; whereas Directive 81/389/EEC (
7) established measures for the implementation of Directive 77/
489/EEC, and in particular introduced controls at the internal frontiersof the Community;
Whereas in order to achieve the same objectives, and in particular the
protection of animals during transport, it is necessary in the context ofestablishing the internal market to modify the rules of Directive 90/425/EEC (
8),inter alia with a view to harmonizing prior checks relating
to animal welfare during transport;
Whereas within this framework the transport of animals within, to and
from the Community must be covered, and systematic checks at theinternal frontiers of the Community must be abolished;
Whereas for reasons of animal welfare the transport over long distances
of animals, including animals for slaughter, should be reduced as far aspossible;
(1) OJ No C 214, 21. 8. 1989, p. 36 and OJ No C 154, 23. 6. 1990, p. 7.
(2) OJ No C 113, 7. 5. 1990, p. 206.
(3) OJ No C 56, 7. 3. 1990, p. 29.
(4) OJ No C 76, 7. 3. 1987, p. 185.
(5) OJ No L 384, 31. 12. 1982, p. 1. Regulation as last amended by Commis-
sion Regulation (EEC) No 197/90 (OJ No L 29, 31. 1. 1990, p. 1).
(6) OJ No L 200, 8. 8. 1977, p. 10.
(7) OJ No L 150, 6. 6. 1981, p. 1. Directive as last amended by Regulation
(EEC) No 3768/85 (OJ No L 362, 31. 12. 1985, p. 8).
(8) OJ No L 224, 18. 8. 1990, p. 29. Directive as last amended by Directive
91/496/EEC (OJ No L 268, 24. 9. 1991, p. 56).
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Whereas the rules proposed must ensure more effective protection of
animals during transport;
Whereas Directive 91/496/EEC (1) should be amended so as to adapt it
to this Directive; whereas Directives 77/489/EEC and 81/389/EECshould furthermore be repealed,
HAS ADOPTED THIS DIRECTIVE:
CHAPTER I
General provisions
Article 1
1. This Directive applies to the transport of:
(a) domestic solipeds and domestic animals of the bovine, ovine,
caprine and porcine species;
(b) poultry, domestic birds and domestic rabbits;
(c) domestic cats and domestic dogs;
(d) other mammals and birds;
(e) other vertebrate animals and cold-blooded animals.
2. This Directive does not apply:
(a) to travellers transporting pet animals for non-profit-making
purposes;
(b) without prejudice to the relevant national provisions, to the trans-
port of animals carried out:
— up to a maximum distance of 50 km counted from the start of
the transport of the animals to the place of destination, or
— by stock farmers or fatteners using agricultural vehicles or
means of transport belonging to them in cases where thegeographical circumstances call for non-profit-making seasonaltranshumance of certain types of animal.
Article 2
1. For the purposes of this Directive, the definitions in Article 2 of
Directives 89/662/EEC (
2), 90/425/EEC, 90/675/EEC (3) and Directive
91/496/EEC shall apply as necessary.
2. In addition, the following definitions shall apply:
(a) ‘means of transport',those parts of road vehicles, rail vehicles, ships
and aircraft used for loading and carrying animals, as well ascontainers for land, sea or air transport;
(b) ‘transport',any movement of animals, effected by a means of trans-
port, which involves loading and unloading the animals;
(c) ‘staging point',a place where the journey is interrupted to rest, feed
or water the animals;
(d) ‘transfer point', a place where transport is interrupted to transfer
animals from one means of transport to another;
(e) ‘place of departure', the place at which, without prejudice to the
provisions of Article 1 (2) (b), the animal is first loaded on to ameans of transport, or any place where the animals have beenunloaded and accommodated for at least 10 hours, watered, fed and,if necessary, cared for, but excluding any staging or transfer point.
(1) OJ No L 268, 24. 9. 1991, p. 56.
(2) OJ No L 395, 30. 12. 1989, p. 13. Directive as last amended by Directive
91/496/EEC (OJ No L 268, 24. 9. 1991, p. 56).
(3) OJ No L 373, 31. 12. 1990, p. 1. Directive as last amended by Directive
91/496/EEC (OJ No L 268, 24. 9. 1991, p. 56).
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Markets and assembly centres approved in accordance withCommunity legislation may also be regarded as places of departure:
— where the first place of loading of the animals is less than 50
km from the said markets or assembly centres,
— where, although the distance referred to in the first indent is
over 50 km, the animals have had a rest period of a length to bedetermined in accordance with the procedure laid down inArticle 17 and have been watered and fed before beingreloaded;
(f) ‘place of destination', the place at which an animal is finally
unloaded from a means of transport, but excluding a staging pointor atra nsfer point;
(g) ‘journey',transport from place of departure to place of destination.
CHAPTER II
Transport and controls in Community territory
Article 3
1. Member States shall ensure that:
(a) the transport of animals within, to and from each Member State
shall be effected in accordance with this Directive and, in respect ofthe animals referred to in:
— Article 1 (a), the provisions of Chapter I of the Annex,
— Article 1 (b), the provisions of Chapter II of the Annex,— Article 1 (c), the provisions of Chapter III of the Annex,— Article 1 (d), the provisions of Chapter IV of the Annex,— Article 1 (e), the provisions of Chapter V of the Annex;
(b) no animal shall be transported unless it is fit for the intended
journey and unless suitable provisions have been made for its careduring the journey and on arrival at the place of destination.Animals that are ill or injured shall not be considered fit fortransport. However, this provision shall not apply to:
(i) animals that are slightly injured or ill whose transport would
not cause unnecessary suffering;
(ii) animals that are transported for scientific research purposes
approved by the competent authority;
(c) animals that fall ill or are injured during transport shall receive
first-aid treatment as soon as possible; they shall be given appro-priate veterinary treatment and if necessary undergo emergencyslaughter in a way which does not cause them any unnecessarysuffering.
2. Notwithstanding paragraph 1 (b), Member States may permit the
transport of animals for emergency veterinary treatment or slaughterunder conditions which do not meet the requirements of this Directive.Member States shall ensure that any such transport is permitted onlywhere no unnecessary suffering or ill treatment is caused to the animalsconcerned. If necessary, specific rules for the application of this para-graph shall be adopted in accordance with the procedure laid down inArticle 17.
3. Without prejudice to the requirements laid down in points 1 (a)
and (b) and in the Annex to this Directive, the Council, acting by aqualified majority on a proposal from the Commission, shall lay downappropriate additional conditions for the transport of certain types ofanimal such as solipeds, wild birds and marine mammals in order tosafeguard their welfare.
Pending implementation of these provisions, Member States may,
subject to the general provisions of the Treaty, apply relevant nationaladditional rules.
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Article 4
Member States shall ensure that animals are identified and registered
throughout their journey in accordance with Article 3 (1) (c) ofDirective 90/425/EEC and are accompanied by the documentationrequired by Community or national legislation enabling the competentauthority to check:
— their origin and their ownership,
— their place of departure and place of destination,— the date and time of departure.
Article 5
Member States shall ensure that:
1. any natural or legal person transporting animals for profit:
(a) is registered in a manner enabling the competent authority to
check that the requirements of this Directive are complied with;
(b) transports animals covered by this Directive using means of
transport meeting the requirements laid down in the Annex;
(c) does not transport any animal, or cause any animal to be trans-
ported, in a way which may cause injury or unnecessarysuffering to that animal;
2. the person in charge of the animal transport undertaking:
(a) entrusts the transport to staff who possess the necessary knowl-
edge to administer any appropriate care to the animals trans-ported;
(b) draws up, for journeys exceeding 24 hours from the place of
departure and taking account of the place of destination, anitinerary — including any staging and transfer points — wherebyit can be ensured that the animals are rested, fed and wateredand, if necessary, unloaded and given accommodation in accord-ance with the requirements of this Directive for the type ofanimal to be transported;
(c) is able, according to the species transported and where the
journey takes more than 24 hours, to demonstrate that steps havebeen taken to meet the animals’ needs for food and water duringthe journey even where the route plan is changed or where thejourney is interrupted for reasons beyond his control;
(d) ensures that the animals are transported without delay to their
place of destination, notwithstanding drivers’ normal restperiods;
(e) ensures that during the journey the consignment is accompanied
by the original of the route plan referred to in (b), with theaddition of the date, place and time of departure;
(f) keeps for aperiod fixed by the competent a uthority asecond
copy of the abovementioned route plan, to be submitted onrequest to the competent authority for verification;
(g) where animals are travelling unaccompanied, ensures that the
consignor has presented them for transport in accordance withthe provisions of this Directive and that the consignee isprepared to receive them;
3. the staging points, agreed upon in advance by the person in charge
referred to at 2, are regularly checked by the competent authority.
Article 6
1. Directive 90/425/EEC shall be amended as follows:
(a) the third paragraph of Article 1 shall be replaced by the following:
‘This Directive shall not affect checks carried out as part of tasks
conducted in a non-discriminatory manner by authorities respon-sible for the general application of laws in a Member State.';
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(b) the following reference shall be added to section I of Annex A:
‘Council Directive 91/628/EEC of 19 November 1991 on the
protection of animals during transport and amending Directives90/425/EEC and 91/496/EEC. (OJ No L 340, 11. 12. 1991, p. 17).'
2. The certificates or documents referred to in Article 3 of Directive
90/425/EEC shall be supplemented in accordance with the procedurelaid down in Article 17, in order to take account of the requirements ofthis Directive.
3. The exchange of information between authorities in compliance
with the requirements of this Directive must be integrated into thecomputerized system provided for in Article 20 of Directive 90/425/EEC (Animo) and, as regards imports from third countries, into theShift project, in accordance with Article 12 (4) of Directive 91/496/EEC.
The detailed rules for the application of this paragraph shall be adopted
in accordance with the procedure laid down in Article 17.
Article 7
1. Member States shall ensure that the necessary measures are taken
to prevent or reduce to a minimum any delay during transport orsuffering by animals when strikes or other unforeseeable circumstancesimpede the application of this Directive. In particular, special arrange-ments shall be made at ports, airports, railway stations, marshallingyards, and border inspection posts referred to in Article 6 of Directive91/496/EEC to expedite the transport of animals under conditions inkeeping with the requirements of this Directive.
2. Without prejudice to Community animal health requirements laid
down elsewhere, no consignment of animals shall be detained duringtransport unless it is strictly necessary for the welfare of the animals. Ifany consignment of animals has to be detained during transport formore than two hours, appropriate arrangements shall be made for thecare of the animals and, where necessary, their unloading and accom-modation.
Article 8
Member States shall ensure that, in accordance with the principles and
rules of control laid down in Directive 90/425/EEC, the competentauthorities check that the requirements of this Directive have beencomplied with, by carrying out non-discriminatory inspections of:
(a) means of transport and animals arriving at their place of destination;
(b) means of transport and animals at markets, at places of departure, at
staging points and at transfer points;
(c) the particulars on the accompanying documents.
Furthermore, where the competent authority of a Member State has
information leading it to suspect an infringement, checks may also becarried out during the transport of animals on its territory.
This Article shall not affect checks carried out as part of tasks
conducted in a non-discriminatory manner by authorities responsible forthe general application of laws in a Member State.
Article 9
1. If it is found in the course of transport that the provisions of this
Directive are not being or have not been complied with, the competentauthority of the place at which such a finding is made shall require theperson in charge of the means of transport to take any action which thecompetent authority considers necessary in order to safeguard thewelfare of the animals concerned.
Depending on the circumstances of each case, such action may include:
(a) arranging for the journey to be completed or the animals to be
returned to their place of departure by the most direct route,
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provided that this course of action would not cause unnecessary
suffering to the animals;
(b) arranging for the animals to be held in suitable accommodation with
appropriate care until the problem is resolved;
(c) arranging for the humane slaughter of the animals. The destination
and use of the carcases of these animals shall be governed by theprovisions laid down in Directive 64/433/EEC (
1).
2. If the person in charge of the means of transport fails to comply
with the instructions of the competent authority, the latter shall imme-diately have the measures in question carried out and shall recover thecosts of such measures in the appropriate manner.
3. Rights of appeal existing under the laws in force in the Member
States against decisions by the competent authorities shall not beaffected by this Directive.
Decisions taken by the competent authorities of the Member States and
the reasons for such decisions shall be notified to the consignor or hisrepresentative and to the competent authority of the Member State ofdispatch.
If the consignor or his representative so requests, the said decisions and
reasons shall be forwarded to him in writing with details of the rights ofappeal which are available to him under the law in force in the MemberState of destination and of the procedure and time limits applicable.
However, in the event of a dispute, the two parties concerned may, if
they so agree, within a maximum period of one month, submit thedispute for the assessment of an expert whose name appears on a list ofCommunity experts to be drawn up by the Commission.
Such experts shall issue their opinions within not more than 72 hours.
The parties shall abide by the expert’s opinion, with due regard forCommunity veterinary legislation.
Article 10
1. Commission experts may, to the extent necessary for uniform
application of this Directive, carry out on-the-spot checks in collabora-tion with the competent authorities of the Member States. The MemberState in whose territory the inspections are carried out shall provide theexperts with any assistance required for the accomplishment of theirtask. The Commission shall inform the Member States of the results ofthese checks.
2. Detailed rules for the application of this Article shall be adopted in
accordance with the procedure laid down in Article 17.
CHAPTER III
Importation from third countries
Article 11
1. The rules laid down by Directive 91/496/EEC shall apply, in
particular with regard to the organization of and follow-up to thechecks.
2. The importation, transit and transport into and through
Community territory of live animals covered by this Directive comingfrom third countries shall be authorized only if the exporter and/orimporter gives awritten underta king to comply with the requirements ofthis Directive and has made arrangements to comply with them.
3. With effect from 1 January 1993, the first subparagraph of Article
4 (2) (d) of Directive 91/496/EEC shall be replaced by the following:
(1) As amended and consolidated by Directive 91/497/EEC (OJ No L 268,
24. 9. 1991, p. 68).
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‘(d) verification of compliance with the requirements of Council
Directive 91/628/EEC of 19 November 1991 on the protectionof animals during transport and amending Directives 90/425/EEC and 91/496/EEC (*).
(*) OJ No L 340, 11. 12. 1991, p. 17'.
4. The certificate or documents provided for in the third indent of
Article 4 (1) of Directive 91/496/EEC shall be supplemented inaccordance with the procedure laid down in Article 17, in order totake account of the requirements of this Directive.
Pending adoption of these provisions, the relevant national rules shall
apply, subject to the general rules laid down by the Treaty.
▼
M1
5. The provisions of Council Decision 92/438/EEC of 13 July1992 on computerization of veterinary import procedures (Shiftproject) (
1) shall be applicable.
▼B
CHAPTER IV
Final provisions
Article 12
The rules and information procedures set out in Directive 89/
608/EEC (2) shall apply mutatis mutandis for the purposes of this
Directive.
Article 13
1. Before 1 July 1992, the Commission shall submit a report
drawn up on the basis of an opinion from the Scientific VeterinaryCommittee, possibly accompanied by proposals, on:
— the question of fixing maximum journey times for certain types
of animal;
— the intervals laid down in Chapter I, A (2) (d) of the Annex;— the length of the rest provided for in Article 5 (2) (b);— the loading density standards applicable to the transport of certain
types of animal;
— the standards to be met by means of transport as regards the
transport of certain types of animal.
The Council shall act on these proposals by a qualified majority.2. In accordance with the procedure laid down in Article 17 and
after consulting the Scientific Veterinary Committee, the Commissionshall lay down the Community criteria to be met by staging pointswith regard to the feeding, watering, loading, unloading and, whereappropriate, accommodation of certain types of animal.
3. Three years after the implementation of the provisions of this
Directive, the Commission shall submit to the Council a report onthe experience acquired by the Member States, particularly as regardsthe provisions referred to in paragraphs 1 and 2, possibly accompa-nied by proposals to amend those rules, on which the Council shallact by a qualified majority.
4. Pending implementation of the provisions referred to in para-
graphs 1 and 2, the relevant national rules shall apply subject to thegeneral rules laid down by the Treaty.
(1) OJ No L 243, 25. 8. 1992, p. 27.
(2) OJ No L 351, 2. 12. 1989, p. 34.
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Article 14
The Annexes to this Directive shall be amended by the Council,
acting by a qualified majority on a proposal from the Commission,with a view in particular to their adaptation to technological andscientific progress.
Article 15
In accordance with the procedure laid down in Article 17, the certi-
ficates or accompanying documents provided for by Communityregulations for the transport of the animals referred to in Article 1may be supplemented by an attestation from the competent authoritywithin the meaning of Article 2 (6) of Directive 90/425/EEC certi-fying that the requirements of this Directive have been compliedwith.
Article 16
The rules regarding animal welfare during transport applicable to the
movement of animals in certain parts of the territories referred to inAnnex 1 to Directive 90/675/EEC, including, for the Kingdom ofSpain, the Canary Islands, to take account of the natural constraintsspecific to those territories, in particular their remoteness from themainland part of the Community territory, shall be adopted inaccordance with the procedure laid down in Article 17, on the basisof the information laid down in the second paragraph.
To that end, by 1 July 1992 at the latest, the Member States
concerned shall submit to the Commission the specific rules whichwill be complied with regarding animal welfare during transportwhen animals are moved within the regions concerned, taking intoaccount the constraints specific to those territories.
Article 17
1. Where the procedure laid down in this Article is to be used,
matters shall without delay be referred by the Chairman, either onhis own initiative or at the request of the representative of a MemberState, to the Standing Veterinary Committee (hereinafter called ‘theCommittee') set up by Decision 68/361/EEC (
1).
2. The representative of the Commission shall submit to the
Committee a draft of the measures to be taken. The Committee shalldeliver its opinion on the draft, within a time limit which theChairman may lay down according to the urgency of the matter. Theopinion shall be delivered by the majority laid down in Article 148(2) of the Treaty in the case of decisions which the Council isrequired to adopt on a proposal from the Commission. The votes ofthe representatives of the Member States within the Committee shallbe weighted in the manner set out in that Article. The Chairmanshall not vote.
3. The Commission shall adopt the measures envisaged if they are
in accordance with the opinion of the Committee.
4. If the measures envisaged are not in accordance with the
opinion of the Committee, or if no opinion is delivered, the Commis-sion shall, without delay submit to the Council a proposal relating tothe measures to be taken. The Council shall act by a qualifiedmajority.
If, on expiry of a period of three months from the date of referral to
the Council, the Council has not acted, the proposed measures shallbe adopted by the Commission save where the Council has decidedagainst the said measures by a simple majority.
(1) OJ No L 255, 18. 10. 1968, p. 23.
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Article 18
1. Member States shall take the appropriate specific measures to
penalize any infringement of this Directive by natural or legalpersons.
2. In the event of repeated infringements of this Directive, or of
an infringement resulting in severe suffering to animals, a MemberState may, without prejudice to the other sanctions imposed, take themeasures necessary to correct the shortcomings noted.
Article 19
This Directive shall apply without prejudice to obligations arising
from customs legislation.
Article 20
Directives 77/489/EEC and 81/389/EEC shall be repealed not later
than the date referred to in Article 21.
Article 21
1. Member States shall bring into force the laws, regulations and
administrative provisions necessary to comply with this Directivebefore 1 January 1993. They shall forthwith inform the Commissionthereof.
2. When the Member States adopt the measures referred to in
paragraph 1, they shall contain a reference to this Directive or shallbe accompanied by such reference on the occasion of their officialpublication. The methods of making such reference shall be laiddown by the Member States.
Article 22
This Directive is addressed to the Member States.
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ANNEX
CHAPTER I
DOMESTIC SOLIPEDS AND DOMESTIC ANIMALS OF THE
BOVINE, OVINE, CAPRINE AND PORCINE SPECIES
A.General provisions
1. Pregnant animals likely to give birth during carriage or animals having
given birth during the preceding 48 hours, and newborn animals in whichthe navel has not completely healed, shall not be considered fit for trans-portation.
2. (a) Animals shall be provided with adequate space to stand in their
natural position and, when necessary, partitions to protect the animalsfrom motion of the means of transport. Unless special conditions forthe protection of animals require otherwise, room to lie down shallbe provided.
(b) The means of transport and containers shall be constructed and oper-
ated so as to protect animals against inclement weather and markeddifferences in climatic conditions. Ventilation and air space shall bein keeping with the conditions of transport and appropriate for thespecies of animals carried.
(c) Means of transport and containers shall be easy to clean, escape-
proof and shall be so constructed and operated as to avoid injury andunnecessary suffering to animals and to ensure their safety duringtransport. Containers in which animals are transported shall bemarked with a symbol indicating the presence of live animals and asign indicating the animals’ upright position. They shall allow for theinspection and care of the animals and shall be stowed in a waywhich does not interfere with ventilation. During transport andhandling, containers shall always be kept upright and shall not beexposed to severe jolts or shaking.
(d) During transport the animals must receive water and appropriate food
at suitable intervals. These intervals shall not exceed 24 hours unlessan extension of this period by not more than two hours is required inspecific cases in the animals’ interest in view in particular of thespecies being transported, the means of transport used, and the prox-imity of the place of unloading.
(e) Solipeds shall wear halters during transport. This provision need not
apply to unbroken foals or to animals transported in individual boxes.
(f) When animals are tied, the ropes or other attachments used shall be
strong enough not to break during normal transport conditions, andlong enough to allow the animals, if necessary, to lie down and toeat and drink, and shall be designed in such a way as to eliminateany danger of strangulation or injury. Animals shall not be tied bythe horns, or by nose rings.
(g) Solipeds shall be transported in individual stalls or boxes which are
designed to protect the animals against jolts. However, such animalsmay be transported in groups; in that case, care must be taken toensure that animals which are hostile to one another are not trans-ported together or where they are transported together, that they havetheir hind hoofs unshod.
(h) Solipeds shall not be transported in vehicles with more than one
deck.
3. (a) When animals of different species travel in the same means of trans-
port they shall be segregated according to species, except in the caseof companion animals where separation would cause distress. Further-more, special measures shall be taken to avoid adverse reactionswhich might result from the transport in the same consignment ofanimals naturally hostile to each other. When animals of differentages are carried in the same means of transport, adults and younganimals shall be kept separate; this restriction shall not, however,apply to females travelling with their young which they suckle. Unca-strated adult males shall be kept separate from females. Adultbreeding boars shall be separated from each other. This shall alsoapply to stallions. These provisions shall apply only insofar as theanimals have not been raised in compatible groups or are not accus-tomed to one another.
(b) In compartments in which animals are transported, goods shall not be
loaded which could prejudice the welfare of the animals.
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4. Suitable equipment for loading and unloading of animals such as bridges,
ramps or gangways shall be used. The flooring of this equipment shall beconstructed so as to prevent slipping, and the equipment shall beprovided with lateral protection if necessary. During transport, animalsshall not be suspended by mechanical means, nor lifted or dragged by thehead, horns, legs, tail or fleece. In addition, the use of electric prodsshould be avoided as far as possible.
5. The floor of the means of transport or container shall be sufficiently
strong to bear the weight of the animals being transported: it shall be ofnon-slip design; if it has any spaces or perforations these shall becompletely smooth to prevent injury to the animals. The floor shall becovered with sufficient litter to absorb droppings unless this can be dealtwith in a different way presenting at least the same advantages or unlessdroppings are regularly removed.
6. In order to ensure the necessary care of the animals during transport,
consignments of livestock shall be accompanied by an attendant, exceptin the following cases:
(a) where animals are transported in containers which are secured,
adequately ventilated and, where necessary, containing enough foodand water, in dispensers which cannot be tipped over, for a journeyof twice the anticipated time;
(b) where the transporter performs the functions of attendant;
(c) where the consignor has appointed an agent to care for the animals at
appropriate staging points.
7. (a) The attendant or consignor’s agent shall look after the animals, feed
and water them and, if necessary, milk them.
(b) Cows in milk shall be milked at intervals of about 12 hours but not
exceeding 15 hours.
(c) To enable the attendant to provide this care, he shall, if necessary,
have available a suitable means of lighting.
8. Animals shall be loaded only into means of transport which have been
thoroughly cleaned and where appropriate, disinfected. Dead animals,litter and droppings shall be removed as soon as possible.
B.Special provisions for transport by rail
9. Any railway truck used in the transport of animals shall be marked with
a symbol indicating the presence of live animals, unless the animals arebeing transported in containers. If no trucks specially adapted for trans-port of animals are obtainable, animals shall be carried in covered truckswhich are capable of travelling at high speed and are provided with suffi-ciently large air vents or a ventilation system which is effective even atlow speeds. The inside walls of the trucks shall be of wood or othersuitable material, completely smooth and fitted with rings or bars, at asuitable height, to which the animals may be attached if necessary.
10. Where they are not transported in individual boxes, solipeds shall be tied
in such a way that they are all facing the same side of the vehicle or tiedfacing each other. However, foals and unbroken animals shall not be tied.
11. Large animals shall be loaded in such a way as to allow an attendant to
move between them.
12. When, in accordance with point 3 (a), the segregation of animals is
required, this may be effected either by tying them in separate parts ofthe truck, if its space permits, or by means of suitable partitions.
13. When assembling trains and during all other movement of trucks every
precaution shall be taken to avoid jolting of trucks containing animals.
C.Special provisions for transport by road
14. Vehicles shall be escape-proof and so constructed as to ensure the safety
of the animals and shall also be equipped with a roof which ensureseffective protection against the weather.
15. Tying facilities shall be provided in vehicles used in the transport of
large animals which are normally required to be tied. When vehicles arerequired to be sub-divided, the partitions shall be of rigid construction.
16. Vehicles shall carry suitable equipment complying with the requirements
of paragraph 4.
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D.Special provisions for transport by water
17. The fittings of vessels shall be such that animals can be transported
without injury or unnecessary suffering.
18. Animals shall not be transported on open decks unless in adequately
secured containers or other structures, approved by the competentauthority and giving adequate protection against sea and weather.
19. Animals shall be tied or properly accommodated in pens or containers.20. There shall be adequate passageways having access to all pens, containers
or vehicles accommodating animals. Adequate lighting facilities shall beavailable.
21. A sufficient number of attendants shall be provided taking into account
the number of animals transported and the duration of the voyage.
22. All parts of the vessel where animals are accommodated shall be
provided with drainage and shall be kept in a sanitary condition.
23. A type of instrument approved by the competent authority shall be
carried for slaughtering animals if necessary.
24. Vessels used in the transport of animals shall, before sailing, be provided
with sufficient supplies of drinking water — where they are not equippedwith a suitable system allowing its production — and appropriate food-stuffs, having regard to the species and number of animals being trans-ported as well as to the duration of the voyage.
25. Provisions shall be made for isolating ill or injured animals during the
voyage and for first-aid treatment to be given, when necessary.
26. (a) Where animals are transported in railway trucks on board ships,
special care shall be taken to ensure that adequate ventilation isprovided for the animals throughout the voyage. Paragraphs 17 to 19shall not apply to the transport of animals loaded in railway trucks orroad vehicles on board ferry boats or similar vessels.
(b) Where animals are transported in road vehicles on board ships, the
following measures shall apply:
(i) the animals’ compartment shall be properly fixed to the vehicle;
the vehicle and the animals’ compartment shall be equipped withadequate tying facilities enabling them to be secured fast to theship. On acovered deck of aroll-on/roll-off vessel, sufficientventilation for the number of vehicles transported must be main-tained. Where possible, a vehicle for the transport of animalsshould be placed near a fresh air inlet;
(ii) the animals’ compartment shall have a sufficient number of
vents or other means of ensuring that it is adequately ventilated,bearing in mind that the air flow is restricted in the confinedspace of ship’s vehicle hold. There must be sufficient roominside the animals’ compartment and at each of its levels toensure that there is adequate ventilation above the animals wherethey are in a naturally standing position;
(iii) direct access must be provided to each part of the animals’
compartment so that the animals can, if necessary, be cared for,fed and watered during the voyage.
E.Special provisions for transport by air
27. Animals shall be transported in containers, pens or stalls appropriate for
the species, complying at least with the most recent IATA live animalsregulations.
28. Precautions shall be taken to avoid extremely high or low temperatures
on board, having regard to the species of animals. In addition, severefluctuations of air pressure shall be avoided.
29. In freight aircraft a type of instrument approved by the competent
authority shall be carried for slaughtering animals if necessary.
CHAPTER II
POULTRY, DOMESTIC BIRDS AND DOMESTIC RABBITS
30. The following provisions of Chapter I shall apply mutatis mutandis to the
transport of poultry, domestic birds and domestic rabbits: paragraphs 2(a), (b) and (c), 3, 5, 6, 8, 9, 13, 17 to 22 inclusive, 24 and 26 to 29inclusive.
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31. Suitable food and water shall be available in adequate quantities, save in
the case of:
(i) a journey lasting less than 12 hours, disregarding loading and
unloading time;
(ii) a journey lasting less than 24 hours for chicks of all species,
provided that it is completed within 72 hours after hatching.
CHAPTER III
DOMESTIC DOGS AND DOMESTIC CATS
32. Without prejudice to Article 1 (2) (a), the following provisions of
Chapter I shall apply mutatis mutandis to the transport of domestic dogs
and domestic cats: paragraph 1, paragraph 2 (a), (b) and (c), paragraphs3, 5, 6, paragraph 7 (a) and (c), paragraphs 8, 9, 12, 13, 15 and 17 to 29inclusive.
33. Animals being transported shall be fed at intervals of not more than 24
hours and given water at intervals of not more than 12 hours. There shallbe clear written instructions about feeding and watering. Females inoestrus shall be separated from males.
CHAPTER IV
OTHER MAMMALS AND BIRDS
34. (a) The provisions of this chapter shall apply to the transport of those
mammals and birds which are not already covered by the provisionsof the preceding chapters.
(b) The following provisions of Chapter I shall apply mutatis mutandis to
the transport of the species concerned in this Chapter: paragraph 1,paragraph 2 (a), (b) and (c), paragraphs 3 (b), 4, 5, 6, paragraph 7(a) and (c), paragraphs 3 (b), 4, 5, 6, paragraph 7 (a) and (c), para-graphs 8, 9, and 13 to 29 inclusive.
35. Without prejudice to Article 3 (1) (b), only animals suitable for transpor-
tation and in good health shall be transported. Animals obviously inadvanced stages of pregnancy or animals that have recently given birth,as well as infant animals incapable of feeding themselves and which arenot accompanied by the mother, shall not be considered fit for transporta-tion. These provisions may be exempted in exceptional circumstances if itis necessary in the animals’ interest for them to travel to a location wherethe appropriate treatment can be given.
36. Sedation shall not be administered unless in exceptional circumstances
and then only under the direct supervision of a veterinarian. Details ofany sedation shall accompany the animal to its destination.
37. Animals shall be transported only in suitably constructed means of trans-
port, on which, if necessary, a notice shall be placed indicating that theanimals in them are wild, timid or dangerous. Moreover, clear writteninstructions about feeding and watering and any special care requiredshall accompany the animals.
Animals covered by the Cites shall be transported in accordance with the
most recent provisions of the Cites ‘guidelines for transport and prepara-tion for shipment of live wild animals and plants'. In the case of airtransport, they shall be transported at least in accordance with the mostrecent IATA rules governing the transport of live animals. They shall beconveyed to their destination as soon as possible.
38. Animals covered by this Chapter shall be cared for in accordance with
the instructions and guidelines referred to in paragraph 37.
39. There shall be an appropriate period for the holding and conditioning of
animals prior to shipment during which they shall, if necessary, be movedinto their containers gradually.
40. Animals of different species shall not be placed in the same container.
Moreover, animals of the same species shall not be placed in the samecontainer unless it is known that they are compatible with one another.
41. Cervine animals shall not be transported while in velvet.42. Birds shall be kept in semi-darkness.43. Without prejudice to special measures to be taken in accordance with
Article 3 (3), marine mammals shall have the constant attention of aqualified attendant. Containers shall not be stacked.
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44. (a) There shall be additional ventilation by means of holes of a suitable
size in all walls of the container to ensure an adequate flow of air atall times. These holes shall be of a size which prevents the animalsfrom coming into contact with persons handling the container or frominjuring themselves.
(b) Spacer bars of adequate size shall be fitted to all walls, roofs and
bases of containers to ensure that there is a free flow of air to theanimals in the event of stacking or close storing of cargo.
45. Animals should not be housed near foodstuffs or in places to which
unauthorized persons have access.
CHAPTER V
OTHER VERTEBRATE ANIMALS AND COLD-BLOODED ANIMALS
46. Other vertebrate animals and cold-blooded animals must be transported in
such containers, under such conditions, in particular with regard to space,ventilation, temperature and security, and with such supply of water andoxygen appropriate for the species concerned. Animals which are coveredby Cites must be transported in accordance with the Cites ‘guidelines fortransport and preparation for shipment of live wild animals and plants'. Inthe case of air transport, they must be transported at least in accordancewith the most recent IATA rules governing the transport of live animals.They must be conveyed to their destination as soon as possible.