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"BCOUNCIL 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
"M1 Council Decision 92/438/EEC of 13 July 1992 L 243 27 25.8.1992
Amended by:
"A1 Act of Accession of Austria, Sweden and Finland C 241 21 29.8.1994
(adapted by Council Decision 95/1/EC, Euratom, ECSC) L 1 1 1.1.19951991L0628 — EN — 01.01.1995 — 002.001 — 1
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)
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 animals
concerned, 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 signed
the additional Protocol enabling the Community as such to accede to the
said Convention;
Whereas Council Regulation (EEC) No 3626/82 of 3 December 1982 on
the implementation in the Community of the Convention on international
trade in endangered species of wild fauna and flora (5), hereinafter
referred to as ‘Cites’, regulates the conditions of transport of certain
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
frontiers of 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 of
establishing 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 the
internal 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 as
possible;!B
(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 Commission
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).1991L0628 — EN — 01.01.1995 — 002.001 — 2
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/EEC should
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 pur-
poses;
(b) without prejudice to the relevant national provisions, to the transport
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 the
geographical circumstances call for non-profit-making seasonal
transhumance 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 as
containers for land, sea or air transport;
(b) ‘transport’, any movement of animals, effected by a means of
transport, 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 a!B
(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).1991L0628 — EN — 01.01.1995 — 002.001 — 3
means of transport, or any place where the animals have been
unloaded and accommodated for at least 10 hours, watered, fed and,
if necessary, cared for, but excluding any staging or transfer point.
Markets and assembly centres approved in accordance with
Community 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 be
determined in accordance with the procedure laid down in
Article 17 and have been watered and fed before being reloaded;
(f) ‘place of destination’, the place at which an animal is finally
unloaded from a means of transport, but excluding a staging point or
a transfer 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 of the
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 care during the
journey and on arrival at the place of destination. Animals that are ill
or injured shall not be considered fit for transport. 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
appropriate veterinary treatment and if necessary undergo emerg-
ency slaughter in a way which does not cause them any unnecessary
suffering.
2. Notwithstanding paragraph 1 (b), Member States may permit the
transport of animals for emergency veterinary treatment or slaughter
under conditions which do not meet the requirements of this Directive.
Member States shall ensure that any such transport is permitted only
where no unnecessary suffering or ill treatment is caused to the animals
concerned. If necessary, specific rules for the application of this
paragraph shall be adopted in accordance with the procedure laid down
in Article 17.!B1991L0628 — EN — 01.01.1995 — 002.001 — 4
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 a qualified
majority on a proposal from the Commission, shall lay down appropriate
additional conditions for the transport of certain types of animal such as
solipeds, wild birds and marine mammals in order to safeguard their
welfare.
Pending implementation of these provisions, Member States may, subject
to the general provisions of the Treaty, apply relevant national additional
rules.
Article 4
Member States shall ensure that animals are identified and registered
throughout their journey in accordance with Article 3 (1) (c) of Directive
90/425/EEC and are accompanied by the documentation required by
Community or national legislation enabling the competent authority 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
transported, in a way which may cause injury or unnecessary
suffering to that animal;
2. the person in charge of the animal transport undertaking:
(a) entrusts the transport to staff who possess the necessary
knowledge to administer any appropriate care to the animals
transported;
(b) draws up, for journeys exceeding 24 hours from the place of
departure and taking account of the place of destination, an
itinerary — including any staging and transfer points —
whereby it can be ensured that the animals are rested, fed and
watered and, if necessary, unloaded and given accommodation in
accordance with the requirements of this Directive for the type
of animal to be transported;
(c) is able, according to the species transported and where the
journey takes more than 24 hours, to demonstrate that steps have
been taken to meet the animals’ needs for food and water during
the journey even where the route plan is changed or where the
journey is interrupted for reasons beyond his control;
(d) ensures that the animals are transported without delay to their
place of destination, notwithstanding drivers’ normal rest
periods;
(e) ensures that during the journey the consignment is accompanied
by the original of the route plan referred to in (b), with the
addition of the date, place and time of departure;
(f) keeps for a period fixed by the competent authority a second
copy of the abovementioned route plan, to be submitted on
request to the competent authority for verification;
(g) where animals are travelling unaccompanied, ensures that the
consignor has presented them for transport in accordance with!B1991L0628 — EN — 01.01.1995 — 002.001 — 5
the provisions of this Directive and that the consignee is
prepared 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 responsible
for the general application of laws in a Member State.’;
(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 Directives
90/425/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 procedure laid
down in Article 17, in order to take account of the requirements of this
Directive.
3. The exchange of information between authorities in compliance with
the requirements of this Directive must be integrated into the
computerized system provided for in Article 20 of Directive 90/425/EEC
(Animo) and, as regards imports from third countries, into the Shift
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 or suffering
by animals when strikes or other unforeseeable circumstances impede the
application of this Directive. In particular, special arrangements shall be
made at ports, airports, railway stations, marshalling yards, and border
inspection posts referred to in Article 6 of Directive 91/496/EEC to
expedite the transport of animals under conditions in keeping with the
requirements of this Directive.
2. Without prejudice to Community animal health requirements laid
down elsewhere, no consignment of animals shall be detained during
transport unless it is strictly necessary for the welfare of the animals. If
any consignment of animals has to be detained during transport for more
than two hours, appropriate arrangements shall be made for the care of
the animals and, where necessary, their unloading and accommodation.
Article 8
Member States shall ensure that, in accordance with the principles and
rules of control laid down in Directive 90/425/EEC, the competent
authorities check that the requirements of this Directive have been
complied 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 be
carried out during the transport of animals on its territory.!B1991L0628 — EN — 01.01.1995 — 002.001 — 6
This Article shall not affect checks carried out as part of tasks conducted
in a non-discriminatory manner by authorities responsible for the 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 competent
authority of the place at which such a finding is made shall require the
person in charge of the means of transport to take any action which the
competent authority considers necessary in order to safeguard the
welfare 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, 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 the
provisions 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 immediately
have the measures in question carried out and shall recover the costs 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 be affected
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 his
representative and to the competent authority of the Member State of
dispatch.
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 of
appeal which are available to him under the law in force in the Member
State 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 the dispute for
the assessment of an expert whose name appears on a list of Community
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 for
Community 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 collabor-
ation with the competent authorities of the Member States. The Member
State in whose territory the inspections are carried out shall provide the
experts with any assistance required for the accomplishment of their task.
The Commission shall inform the Member States of the results of these
checks.
2. Detailed rules for the application of this Article shall be adopted in
accordance with the procedure laid down in Article 17.!B
(1) As amended and consolidated by Directive 91/497/EEC (OJ No L 268, 24. 9.
1991, p. 68).1991L0628 — EN — 01.01.1995 — 002.001 — 7
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 the checks.
2. The importation, transit and transport into and through Community
territory of live animals covered by this Directive coming from third
countries shall be authorized only if the exporter and/or importer gives a
written undertaking to comply with the requirements of this 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:
‘(d) verification of compliance with the requirements of Council
Directive 91/628/EEC of 19 November 1991 on the protection
of 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 in
accordance with the procedure laid down in Article 17, in order to take
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.
5. The provisions of Council Decision 92/438/EEC of 13 July 1992 on
computerization of veterinary import procedures (Shift project) (1) shall
be applicable.
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 Veterinary Committee,
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.!B
(1) OJ No L 243, 25. 8. 1992, p. 27.
(2) OJ No L 351, 2. 12. 1989, p. 34.!M1
!B1991L0628 — EN — 01.01.1995 — 002.001 — 8
2. In accordance with the procedure laid down in Article 17 and after
consulting the Scientific Veterinary Committee, the Commission shall
lay down the Community criteria to be met by staging points with regard
to the feeding, watering, loading, unloading and, where appropriate,
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 on the
experience acquired by the Member States, particularly as regards the
provisions referred to in paragraphs 1 and 2, possibly accompanied by
proposals to amend those rules, on which the Council shall act by a
qualified majority.
4. Pending implementation of the provisions referred to in paragraphs 1
and 2, the relevant national rules shall apply subject to the general rules
laid down by the Treaty.
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 and scientific progress.
Article 15
In accordance with the procedure laid down in Article 17, the certificates
or accompanying documents provided for by Community regulations for
the transport of the animals referred to in Article 1 may be supplemented
by an attestation from the competent authority within the meaning of
Article 2 (6) of Directive 90/425/EEC certifying that the requirements of
this Directive have been complied with.
Article 16
The rules regarding animal welfare during transport applicable to the
movement of animals in certain parts of the territories referred to in
Annex 1 to Directive 90/675/EEC, including, for the Kingdom of Spain,
the Canary Islands, to take account of the natural constraints specific to
those territories, in particular their remoteness from the mainland part of
the Community territory, shall be adopted in accordance with the
procedure laid down in Article 17, on the basis of 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 which will be complied
with regarding animal welfare during transport when animals are moved
within the regions concerned, taking into account 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 on his own
initiative or at the request of the representative of a Member State, to the
Standing Veterinary Committee (hereinafter called ‘the Committee’) 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 shall deliver its
opinion on the draft, within a time limit which the Chairman may lay
down according to the urgency of the matter. The opinion shall be
delivered by the majority laid down in Article 148 (2) of the Treaty in the
case of decisions which the Council is required to adopt on a proposal
from the Commission. The votes of the representatives of the Member
States within the Committee shall be weighted in the manner set out in
that Article. The Chairman shall not vote.!B
(1) OJ No L 255, 18. 10. 1968, p. 23.1991L0628 — EN — 01.01.1995 — 002.001 — 9
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 Commission shall,
without delay submit to the Council a proposal relating to the measures
to be taken. The Council shall act by a qualified majority.
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 shall be
adopted by the Commission save where the Council has decided against
the said measures by a simple majority.
Article 18
1. Member States shall take the appropriate specific measures to
penalize any infringement of this Directive by natural or legal persons.
2. In the event of repeated infringements of this Directive, or of an
infringement resulting in severe suffering to animals, a Member State
may, without prejudice to the other sanctions imposed, take the measures
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 Directive before
1 January 1993. They shall forthwith inform the Commission thereof.
2. When the Member States adopt the measures referred to in
paragraph 1, they shall contain a reference to this Directive or shall be
accompanied by such reference on the occasion of their official
publication. The methods of making such reference shall be laid down
by the Member States.
Article 22
This Directive is addressed to the Member States.!B1991L0628 — EN — 01.01.1995 — 002.001 — 10
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 fortransportation. "
A1However, Sweden may, for a transitional period of
three years as from the date of entry into force of the Accession Treaty,
maintain its more stringent national rules for transport which has its pointof departure and its point of arrival in its territory for cows in gestation andnewborn calves. 3
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 for
the protection of animals require otherwise, room to lie down shall be
provided.
(b) The means of transport and containers shall be constructed and
operated so as to protect animals against inclement weather andmarked differences in climatic conditions. Ventilation and air spaceshall be in keeping with the conditions of transport and appropriate
for the species 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 be
marked with a symbol indicating the presence of live animals and a
sign indicating the animals’ upright position. They shall allow for theinspection and care of the animals and shall be stowed in a way whichdoes not interfere with ventilation. During transport and handling,
containers shall always be kept upright and shall not be exposed 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 the
species being transported, the means of transport used, and the
proximity 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, and
long enough to allow the animals, if necessary, to lie down and to eat
and drink, and shall be designed in such a way as to eliminate anydanger of strangulation or injury. Animals shall not be tied by thehorns, 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 animals
may be transported in groups; in that case, care must be taken to
ensure that animals which are hostile to one another are nottransported together or where they are transported together, that theyhave their 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
transport they shall be segregated according to species, except in thecase of companion animals where separation would cause distress.
Furthermore, special measures shall be taken to avoid adverse
reactions which might result from the transport in the sameconsignment of animals naturally hostile to each other. When animalsof different ages are carried in the same means of transport, adults and
young animals shall be kept separate; this restriction shall not,
however, apply to females travelling with their young which theysuckle. Uncastrated adult males shall be kept separate from females.!
B1991L0628 — EN — 01.01.1995 — 002.001 — 11
Adult breeding boars shall be separated from each other. This shall
also apply to stallions. These provisions shall apply only insofar as the
animals have not been raised in compatible groups or are not
accustomed to one another.
(b) In compartments in which animals are transported, goods shall not be
loaded which could prejudice the welfare of the animals.
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 be provided
with lateral protection if necessary. During transport, animals shall not be
suspended by mechanical means, nor lifted or dragged by the head, horns,legs, tail or fleece. In addition, the use of electric prods should be avoidedas 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 of non-slip
design; if it has any spaces or perforations these shall be completely
smooth to prevent injury to the animals. The floor shall be covered withsufficient litter to absorb droppings unless this can be dealt with in adifferent way presenting at least the same advantages or unless droppings
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, except in
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 journey of
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 transport
of animals are obtainable, animals shall be carried in covered trucks which
are capable of travelling at high speed and are provided with sufficientlylarge air vents or a ventilation system which is effective even at lowspeeds. The inside walls of the trucks shall be of wood or other suitable
material, completely smooth and fitted with rings or bars, at a suitable
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 of thetruck, 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 ensures effective!
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protection against the weather. "A1However, for a transitional period of
two years as from the date of entry into force of the AccessionTreaty, the
obligation to provide roofing for the transport of reindeer is not required.
Following the opinion of the Scientific Veterinary Committee, theCommission, in accordance with the procedure provided for in Article17, may decide to maintain this derogation. 3
15. Tying facilities shall be provided in vehicles used in the transport of large
animals which are normally required to be tied. When vehicles are requiredto be sub-divided, the partitions shall be of rigid construction.
16. Vehicles shall carry suitable equipment complying with the requirements
of paragraph 4.
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 competent
authority 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 be
available.
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 equipped
with a suitable system allowing its production — and appropriatefoodstuffs, having regard to the species and number of animals beingtransported 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 is
provided for the animals throughout the voyage. Paragraphs 17 to 19
shall 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 the
ship. On a covered deck of a roll-on/roll-off vessel, sufficient
ventilation for the number of vehicles transported must bemaintained. 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 room inside
the animals’ compartment and at each of its levels to ensure that
there is adequate ventilation above the animals where they are ina 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.!
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28. Precautions shall be taken to avoid extremely high or low temperatures on
board, having regard to the species of animals. In addition, severe
fluctuations 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 29 inclusive.
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), paragraphs 3, 5, 6,
paragraph 7 (a) and (c), paragraphs 8, 9, 12, 13, 15 and 17 to 29 inclusive.
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 shall
be clear written instructions about feeding and watering. Females in
oestrus 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 provisions of
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), paragraphs
8, 9, and 13 to 29 inclusive.
35. Without prejudice to Article 3 (1) (b), only animals suitable for
transportation and in good health shall be transported. Animals obviously
in advanced 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
transportation. These provisions may be exempted in exceptional circum-
stances if it is necessary in the animals’ interest for them to travel to alocation where the 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 of anysedation shall accompany the animal to its destination.
37. Animals shall be transported only in suitably constructed means of
transport, on which, if necessary, a notice shall be placed indicating that
the animals in them are wild, timid or dangerous. Moreover, clear written
instructions about feeding and watering and any special care required shallaccompany the animals.
Animals covered by the Cites shall be transported in accordance with the
most recent provisions of the Cites ‘guidelines for transport and
preparation for shipment of live wild animals and plants’. In the case ofair transport, they shall be transported at least in accordance with the most!
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recent IATA rules governing the transport of live animals. They shall be
conveyed 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 moved
into 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 same
container 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 a
qualified attendant. Containers shall not be stacked.
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 at all
times. These holes shall be of a size which prevents the animals fromcoming 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 the
animals 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 covered
by Cites must be transported in accordance with the Cites ‘guidelines for
transport 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.!
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