Proposal for a COUNCIL REGULATION on the protection of animals during transport and related operations and amending Directives 64/432/EEC and 93/119/EEC

(presented by the Commission)

EXPLANATORY MEMORANDUM

The Protocol on the protection and welfare of animals annexed to the Treaty establishing the European Community requires that in formulating and implementing agriculture and transport policies, the Community and the Member States shall pay full regard to the welfare requirements of animals.

In this regard the transport of live animals is the most controversial area of animal welfare. Directive 91/628/EEC [1] amended by Directive 95/29/EC [2] constitutes the current Community legislative framework. Council Regulation (EC) No 1255/97 and Council Regulation (EC) No 411/98 were adopted subsequently to provide more detailed rules.

[1] OJ L 340, 11.12.1991, p. 17.

[2] OJ L 148, 30.6.1995, p. 52.

In accordance with Article 13 (1) of Directive 91/628/EEC the Commission adopted in December 2000 a report [3] to the Council and the European Parliament on the experience acquired by Member States since the implementation of Directive 95/29/EC. The Commission report recommended actions to be taken, some of which have already been initiated. However most of the recommendations could only be addressed through amendments of the current legislation.

[3] COM(2000)809 final adopted on 6 December 2000.

The report was presented to the Agriculture Council that in June 2001 supported the outcome in a specific resolution [4]. In November 2001 the European Parliament adopted a resolution [5] on this report.

[4] OJ C 273, 28.9.2001, p. 1.

[5] European Parliament resolution on the Commission report on the experience acquired by the Member States since the implementation of Council Directive 95/29/EC amending Directive 91/628/EEC concerning the protection of animals during transport (COM(2000) 809- C5-0189/2001-2001/2085 (COS)) - A5-0347/2001.

On 11 March 2002 the Scientific Committee on Animal Health and Animal Welfare adopted an opinion on the welfare of animals during transport. The scientific opinion provides in particular recommendations concerning the fitness of animals to be transported, the training of personnel transporting animals, the handling of animals, increased space allowances and restrictive journey time limits.

The Commission has carefully analysed the recommendations provided by the Scientific Committee. The Commission considers that the conclusions of the report have to be considered in the framework of practical experience and in the light of their enforceability. The proper enforcement of animal protection legislation is a key element to improve the current situation. Moreover, the practicability of moving in one step towards achieving the Scientific Committee's recommendations needs to be considered carefully. The Commission believes that adopting a step by step approach, implementing the main aspects of the recommendations, represents the best means of introducing real improvements in animal welfare over the short to medium term. The aim of the Commission proposal is, therefore, to guarantee that the high standards recommended by the Scientists are fulfilled via the creation of proper legislative instruments allowing competent authorities to perform better control and enforcement.

The necessity to better develop knowledge on animal welfare during transport is also urgently recognised by the Commission. The Commission is engaged in promoting further research in the animal health and animal welfare areas in particular in relation to transport to better develop knowledge on the most sensitive aspects.

In particular, resources will be devoted to studying the role of journey duration and its effect on the metabolism of different species and categories of animals. In addition, the experience gained through the implementation of the proposed travel sequences will facilitate a greater understanding of the scientific aspects of animal transport, which can support the elaboration of further scientific advice in due course from the European Food Safety Authority. Such scientific advice could provide the basis of further improvements in animal transport conditions, including journey durations.

Moreover, it should be mentioned that in the framework of the 5th Research Framework Program the Commission funded a research project on the transport of cattle (CATRA project). More information on the project is available at the following web site: http://www.lt.slu.se/catra/ .

The Commission also organised a wide ranging consultation among major stakeholders and the public. In particular all the main organisations involved had the opportunity to present their comments to the Commission and their suggestions on how to improve the situation on animal transport. The measures proposed received a wide support from the public during the web consultation held on December 2002 [6].

[6] For the complete results of the web consultation on the protection of animals during transport: http://europa.eu.int/yourvoice/results/ 240/index_en.htm

From this background there is a clear consensus for improving the level of enforcement as a priority. Animal health concerns have also determined the urgency for the Commission to take action in this field in particular by refining the tools for the controls by competent authorities on long distance transport operations. This objective can be achieved in particular by allowing competent authorities for the welfare of animals to check the recording equipment installed in road vehicles required by the European social legislation as regards journey time.

In this regard the Commission proposal introduces detailed requirements for the training of drivers for livestock transport by introducing a specific curriculum, the need for approved training bodies and a harmonised certificate of training. Furthermore in order to facilitate the controls, the proposal reinforces the harmonisation of documents (transporters' authorisation, drivers' certificates, vehicles approvals) and procedures (establishment of contact points for each Member States, communication of infringements). Restrictive conditions are laid down in the proposal for granting an authorisation to transporters and transporters operating long distance journeys would be registered in a specific database. The proposal lists the specific checks to be carried out by officials for consignments arriving or leaving the customs territory of the Union.

Based on the considerations mentioned above, having considered the opinion of the scientists and having examined the contributions from the different stakeholders the Commission proposal demands high standards in particular for the transports involving the crossing of several regions of Europe defined in the proposal as long distance transport. In this respect the new enhanced measures proposed are the following:

(a) Transporters will be granted a specific authorisation. This will be possible only following precise conditions and for a limited period of time. Such transporters will be registered in a national electronic database;

(b) Higher standards in particular in relation to ventilation and drinking facilities for the vehicles are proposed on the basis of a specific opinion by the Scientific Committee;

(c) All livestock vessels operating from Community ports will be subjected to specific requirements and a certificate of approval;

(d) Higher space allowances on the truck apply for long distance journeys than for short journeys;

(e) Shorter travelling periods and longer resting periods for the animals on board the vehicles to avoid the most stressful operations of loading and unloading; the use of staging points is not foreseen by the proposal due the demonstrated risk for the health of the animals;

(f) A new route plan administrative procedure will make it compulsory for the operators to systematically check the consignment at the place of destination, to keep records of the results and to report any anomaly to officials.

Experience shows that the transport of horses for slaughter over long distances is a subject of particular concern. Therefore in addition to the above mentioned requirements the proposal makes it compulsory to transport horses in individual stalls for long distance journeys.

Scientists pointed out that very young animals are especially vulnerable and recommended that their transport should be banned altogether. The proposal will ban the transport of new born and very young animals in line with the scientific opinion.

Experience has also indicated to the Commission that the worst situations of poor handling and straightforward cruelty to animals were reported in market places. Based on this experience the proposal, for the first time in the EU legislation, extends provisions on animal protection to all places where animals are loaded, unloaded and handled including livestock markets. In particular livestock markets will be subjected to specific requirements regarding the training of personal handling animals.

Because of the major changes to be introduced the present proposal repeals Directive 91/628/EEC as amended by Directive 95/29/EC as well as Regulation (EC) No1255/97 and Regulation (EC) No 411/98. The Commission proposal for a Council Regulation amending Regulation (EC) No 411/98 as regards ventilation in road vehicles carrying livestock on long journeys [7] is also to be withdrawn because it is now included in the present text. In particular the elaboration of a proposal for a Council Regulation has been chosen to facilitate an early harmonisation of the rules in the internal market.

[7] COM (2001) 197 final.

Socio-economic investigations have been carried out in the preparation of the present measures to ensure that they are proportionate to the desired objective.

Taking into account the fundamental modifications needed, taken from the experience acquired by Member States and from the review of the latest scientific data, the present proposal is the most appropriate mean of achieving the desired objective.

2003/0171 (CNS)

Proposal for a COUNCIL REGULATION on the protection of animals during transport and related operations and amending Directives 64/432/EEC and 93/119/EEC

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 37 thereof,

Having regard to the proposal from the Commission [8],

[8] OJ C , , p. .

Having regard to the opinion of the European Parliament [9],

[9] OJ C , , p. .

Having regard to the opinion of the Economic and Social Committee [10],

[10] OJ C , , p. .

Having regard to the opinion of the Committee of the Regions [11],

[11] OJ C , , p. .

Whereas:

(1) The Protocol on protection and welfare of animals annexed to the Treaty requires that in formulating and implementing agriculture and transport policies, the Community and the Member States are to pay full regard to the welfare requirements of animals.

(2) Under Council Directive 91/628/EEC of 19 November 1991 on the protection of animals during transport and amending Directives 90/425/EC and 91/496/EEC [12], the Council has adopted rules in the field of the transport of animals in order to eliminate technical barriers to trade in live animals and to allow market organisations to operate smoothly, while ensuring a satisfactory level of protection for the animals concerned.

[12] OJ L 340, 11.12.1991, p. 17. Directive as last amended by Regulation (EC) No 806/2003 (L 122, 16.5.2003, p. 1).

(3) The Report from the Commission to the Council and the European Parliament on the experience acquired by Member State since the implementation of Council Directive 95/29/EC of 29 June 1995 amending Directive 91/628/EEC concerning the protection of animals during transport [13], as required under Directive 91/628/EEC, recommended amending current Community legislation in this field.

[13] COM (2000) 809 final.

(4) All Member States have ratified the European Convention for the protection of animals during international transport and the Council has given a mandate to the Commission to negotiate on behalf of the Community the revised European Convention for the protection of animals during international transport.

(5) For reasons of animal welfare the transport of animals over long distances, including animals for slaughter, should be reduced as far as possible.

(6) The Council invited the Commission on 19 June 2001 [14] to submit proposals for ensuring effective implementation and strict enforcement of existing Community legislation, improving the protection and welfare of animals as well as preventing the occurrence and spread of infectious animal diseases, and putting in place more stringent requirements so as to prevent pain and suffering in order to safeguard the welfare and health of animals during and after transport.

[14] OJ C 273, 28.9.2001, p. 1.

(7) The European Parliament on 13 November 2001 called [15] on the Commission to present proposals for amending existing Community rules on the transport of livestock, in particular with the view to:

[15] European Parliament resolution on the Commission report on the experience acquired by Member States since the implementation of Council Directive 95/29/EC amending Directive 91/628/EEC concerning the protection of animals during transport -C5-0189/2001-2001/2085(COS)

- consulting the competent scientific committee on the duration of animal transport;

- presenting a harmonised European model certificate for transporters; harmonising route plans for long-distance transport;

- ensuring that any member of staff handling livestock during transport has completed a training course recognised by the competent authorities; and

- ensuring that veterinary checks at border inspection posts of the Community include comprehensive inspection of the welfare conditions in which animals are transported.

(8) The Scientific Committee on Animal Health and Animal Welfare adopted an opinion on the welfare of animals during transport on 11 March 2002. Therefore, Community legislation should be amended to take into account new scientific evidence while keeping as a priority the necessity that its enforceability can be properly ensured in the immediate future.

(9) In the light of experience gained under Directive 91/628/EEC at harmonising Community legislation on the transport of animals, and the difficulties encountered due to the diverse transposition of that Directive at national level, it is more appropriate to set out Community rules in this field in a regulation.

(10) The unloading and subsequent reloading of animals is more stressful than leaving them resting in the vehicle in good conditions. In addition, contact at staging points between animals from different sources can lead to the spread of infectious disease. Therefore, for animal welfare and animal health reasons the use of staging points should be prevented. Accordingly, Council Regulation (EC) No 1255/97 of 25 June 1997 [16] concerning Community criteria for staging points and amending the route plan referring to in the Annex to Directive 91/628/EEC [17], should be repealed.

[16] As last amended by Council Regulation No 1040/2003 of 11 June 2003 (OJ L151, 19.6.2003, p. 21.).

[17] OJ L 174, 2.7.1997, p. 1.

(11) Poor welfare is often due to lack of education. Therefore, training should be a prerequisite for any person handing animals during transport and training should be provided only by organisations approved by the competent authorities.

(12) Welfare conditions of animals during transport mainly result from the day-to-day conduct of the transporters. Checks by competent authorities may be hindered as transporters can freely operate in different Member States. Therefore, transporters should be more accountable and transparent concerning their status and operations. In particular they should provide proof of their authorisation, systematically report any difficulty and keep precise records of their actions and the results.

(13) Animal transport involves not only transporters but also other categories of operators such as farmers, traders, assembly centres and slaughterhouses. As a consequence, some obligations regarding the welfare of the animals should be extended to any operator involved in the transport of animals.

(14) Assembly centres play a critical role in the transport of some livestock species. Therefore, assembly centres should ensure that Community legislation on the protection of animals during transport is known and respected by their employees and visitors.

(15) Long distance journeys are likely to have more detrimental effects on the welfare of the animals than short ones. Hence specific procedures should be designed to ensure a better enforcement of the standards in particular by increasing traceability of such transport operations.

(16) Council Regulation (EEC) No 3820/85 of 20 December 1985 on the harmonisation of certain social legislation relating to road transport [18] provides for maximum driving periods and minimum rest periods for road drivers. It is appropriate that journey times for animals are similarly regulated [19]. Council Regulation (EEC) No 3821 of 20 December 1985 on recording equipment in road transport [20] provides for recording equipment to be installed and used to ensure effective checking on compliance with social legislation concerning road transport. It is necessary that such record data be made available and checked so as to enforce travelling time limits under animal welfare legislation.

[18] OJ L 370, 31.12.1985, p. 1.

[19] COM (2001) 573 - OJ C E/2002/51/234 - Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the harmonisation of certain social legislation relating to road transport

[20] OJ L 370, 31.12.1985, p. 8. Regulation as last amended by Commission Regulation (EC) No 1360/2002 (L 207, 5.8.2002, p. 1.)

(17) Insufficient exchange of information between competent authorities leads to inadequate enforcement of Community legislation for the protection of animals during transport. Accordingly, it is necessary to set up flexible procedures to improve the level of collaboration between the competent authorities in the different Member States.

(18) Inadequate follow-up of infringements of legislation on animal welfare encourages the non-respect of such legislation and leads to distortion of competition. Therefore, uniform procedures should be established throughout the Community to increase checks and the impositions of penalties for infringements of animal welfare legislation. The Member States should lay down rules on penalties applicable to infringements of the provisions of this Regulation and ensure that they are implemented. Those penalties must be effective, proportionate and dissuasive.

(19) A significant number of animals are transported by livestock vessels during very long journeys from and within the Community and transport by sea can be checked at the place of departure. Therefore, it is essential to set up specific measures and standards for this mode of transport.

(20) In the interests of consistency of Community legislation, Directive 64/432/EEC of 26 June 1964 on animal health problems affecting intra-Community trade in bovine animals and swine [21] should be amended so as to adapt it to this Regulation regarding the approval of assembly centres and the requirements for transporters.

[21] OJ P121, 29.7.1964, p. 1977/64. Directive as last amended by Commission Regulation (EC) No 1226/2002 (OJ L 179, 9.7.2002, p. 13).

(21) Directive 93/119/EEC of 22 December 1993 on the protection of animals at the time of slaughter and killing [22] should also be amended so as to adapt it to this Regulation regarding the use of electric prods.

[22] OJ L 340, 31.12.1993, p. 21. Directive as amended by Regulation (EC) No 806/2003 (OJ L 122, 16.5.2003, p. 1).

(22) Rules and information procedures laid down by Council Directive 89/608/EC of 21 November 1989 on mutual assistance between the administrative authorities of the Member States and cooperation between the latter and the Commission to ensure the correct application of legislation on veterinary and zootechnical matters should be applied to animal welfare during transport in order to ensure compliance with this Regulation.

(23) Commission Decision 98/139/EC of 4 February 1998 lays down the rules concerning on-the-spot checks carried out in the veterinary field by Commission experts in the Member States that should be relevant to ensure that this Regulation is complied with in a uniform manner.

(24) This Regulation sets out provisions for ventilation in road vehicles transporting livestock on long journeys. Accordingly, Council Regulation (EC) No 411/98 of 16 February 1998 on additional animal protection standards applicable to road vehicles used for the carriage of livestock on journeys exceeding eight hours [23] should be repealed.

[23] OJ L 52, 21.2.1998, p. 8.

(25) The measures necessary for the implementation of this Regulation should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers on the Commission. [24]

[24] OJ L 184, 17.7.1999, p. 23.

HAS ADOPTED THIS REGULATION:

CHAPTER I Scope, definitions and general conditions for the transport of animals

Article 1 Scope

1. This Regulation shall apply to the transport of live vertebrate animals for commercial purposes taking place in the Community including to the specific checks to be carried out by officials for consignments arriving or leaving the customs territory of the Community.

2. This Regulation shall not apply to the transport of a single animal accompanied by the person who is responsible for it during transport.

3. This Regulation shall apply without prejudice to other Community veterinary legislation.

Article 2 Definitions

For the purposes of this Regulation, the following definitions shall apply:

(a) 'animals' means live vertebrate animals;

(b) 'assembly centres' means places such as holdings, collection centres and markets, at which domestic equidae or domestic animals of bovine, ovine, caprine or porcine species originating from different holdings are grouped together to form consignments;

(c) 'attendant' means a person directly in charge of the welfare of the animals who accompanies them during a journey;

(d) 'border inspection post' means any inspection post designated and approved in accordance with Article 6 of Directive 91/496/EEC [25], for carrying out of veterinary checks on animals arriving from third countries at the border of the territory of the Community;

[25] OJ L 268, 24.9.1991, p. 56.

(e) 'Community veterinary legislation' means legislation listed in Chapter I of Annex A to Directive 90/425/EEC [26] and any subsequent implementing rules;

[26] OJ L 224, 18.8.1990, p. 29.

(f) 'container' means any crate, box, receptacle or other rigid structure used for the transport of animals which is not a means of transport;

(g) 'exit point' means a border inspection post or any other place designated by a Member State where animals leave the customs territory of the Community

(h) 'journey' means the entire transport operation from the place of departure to the place of destination, including any unloading, accommodation and loading occurring at intermediate points in the journey;

(i) 'keeper' means any natural or legal person, except a transporter, in charge of or handling animals whether on a permanent or temporary basis;

(j) 'livestock vessel' means a vessel which is used or intended to be used for the carriage of domestic equidae or domestic animals of bovine, ovine, caprine or porcine species other than a roll-on-roll-off vessel, and other than a vessel carrying animals in moveable containers;

(k) 'long distance journey' means a journey that exceeds 9 hours starting from when the first animal of the consignment is moved by a means of transport excluding 45 minutes of driver rest in the case of road transport.

(l) 'means of transport' means road or rail vehicles, vessels and aircraft used for the transport of animals as well as containers when they are used for the transport of domestic equidae or domestic animals of bovine, ovine, caprine or porcine species;

(m) 'organiser' means:

(i) a transporter who has subcontracted to at least one other transporter for a part of a journey; or

(ii) a natural or legal person who has contracted to more than one transporter for a journey; or

(iii) a person who has signed Section 1 of the journey log as set out in Annex II.

(n) 'place of departure' means:

(i) the place at which the animal is first loaded on to a means of transport provided that it had been accommodated there, for at least 48 hours prior to the time of departure;

(ii) assembly centres where :

- such assembly centres have been approved in accordance with Community veterinary legislation; and

- animals have been accommodated with sufficient bedding, untied and watered for at least six hours prior to the time of departure within the assembly centre.

(o) 'place of destination' means the place at which an animal is unloaded from a means of transport and:

(i) accommodated for at least 48 hours prior to the time of departure; or

(ii) slaughtered;

(p) 'place of transfer' means the place where animals have been changed the means of transport, with or without being unloaded;

(q) 'roll-on-roll-off vessel' means a sea-going vessel with facilities to enable road or rail vehicles to roll on and roll off the vessel;

(r) 'transport' means the movement of animals effected by one or more means of transport and the related operations, including loading, unloading, transfer and rest, until the unloading of the animals at the place of destination is completed;

(s) 'transporter' means any natural or legal person transporting animals on his own account, or for the account of a third party;

(t) 'vehicle' means a means of transport fitted with wheels which is propelled or towed.

Article 3 General conditions for the transport of animals

No person shall transport animals unless the following conditions are complied with:

(a) all necessary arrangements have been taken in advance aiming at minimising the duration of the journey and ensuring animals' needs during the journey;

(b) the animals are fit for the intended journey;

(c) the means of transport are designed, constructed, maintained and operated so as to avoid injury and suffering and ensure the safety of the animals;

(d) the loading and unloading facilities are adequately designed, constructed, maintained and operated so as to avoid injury and suffering and ensure the safety of the animals;

(e) the personnel handling animals are trained for this purpose and carry out their tasks without violence or any method susceptible to create unnecessary fear, injury or suffering;

(f) the transport is carried out without delay to the place of destination and the welfare conditions of the animals are regularly checked and appropriately maintained;

(g) sufficient floor area and height is provided for the animals, appropriate to their size and the intended journey;

(h) water, feed and rest are offered to the animals, at suitable intervals and are appropriate in quality and quantity to their species and size.

CHAPTER II Organisers, transporters, keepers and assembly centres

Article 4 Transport Documentation

1. No person shall transport animals without carrying documentation in the means of transport enabling the competent authority to make the following checks regarding the animals:

(a) their origin and their ownership;

(b) their place of departure;

(c) the date and time of departure;

(d) their intended place of destination;

(e) the expected duration of the intended journey.

2. The transporter shall make the documentation provided for in paragraph 1 available to the competent authority upon request.

Article 5 Planning obligations for the transport of animals

1. No person shall contract or subcontract the transport of animals except to transporters authorised in accordance with Article 10(1) or Article 11(1).

2. Transporters shall identify a natural person responsible for the transport and ensure that information on the organisation, execution and completion of the part of the journey under their control can be obtained at any time.

3. Organisers shall ensure that for each journey:

(a) the welfare of the animals is not compromised by insufficient co-ordination of the different parts of the journey; and

(b) a natural person is responsible for providing information on the organisation, execution and completion of the journey to the competent authority at any time.

4. For long distance journeys for domestic equidae and domestic animals of bovine, ovine, caprine and porcine species, transporters and organisers shall comply with the provisions on the journey log set out in Annex II.

Article 6 Transporters

1. No person shall act as a transporter unless they hold an authorisation issued by a competent authority pursuant to Article 10(1) or Article 11(1). A copy of the authorisation shall made be available to the competent authority when the animals are transported.

2. Transporters shall notify to the competent authority any changes in relation to the information and documents referred to in Article 10(1) no more than 15 working days from the date the changes took place.

3. Transporters shall transport animals in accordance with the technical rules set out in Annex I.

4. Transporters shall entrust the handling of the animals to personnel who have received training on the relevant provisions of Annexes I and II.

5. No person shall drive a road vehicle transporting domestic equidae or domestic animals of bovine, ovine, caprine, porcine species or poultry, unless they hold a training certificate pursuant to Article 16(2). The training certificate shall be made available to the competent authority when the animals are transported.

6. Transporters shall ensure that an attendant accompanies any consignment of animals except in the following cases:

(a) where animals are transported in containers which are secured, adequately ventilated and, where necessary, contain enough food and water, in dispensers which cannot be tipped over, for a journey of twice the anticipated journey time;

(b) where the driver performs the functions of attendant.

7. Paragraphs 1, 2 and 4 shall not apply to persons transporting animals up to a maximum distance of 50 km counted from the place of departure to the place of destination.

8. Transporters shall make available the certificate of approval as provided for in Article 17(2) or Article 18(2) to the competent authority where animals are transported.

Article 7 Prior inspection and approval of means of transport

1. No person shall transport animals by road over long distance journeys unless the means of transport has been inspected and approved under Article 17(1).

2. No person shall transport by sea domestic equidae and domestic animals of bovine, ovine, caprine or porcine species from a Community port unless the livestock vessel has been inspected and approved under Article 18(1).

Article 8 Keepers

1. Keepers of animals at the place of departure, transfer or destination shall ensure that animals are treated in accordance with the technical rules set out in Chapters I and III, section 1 of Annex I.

2. Keepers of animals in transit or at the place of destination shall systematically verify if the animals have been transported over a long distance journey. In the case of long distance journeys for domestic equidae and domestic animals of bovine, ovine, caprine and porcine species, keepers shall comply with the provisions on the journey log set out in Annex II.

Article 9 Assembly Centres

1. Operators of assembly centres shall ensure that animals are treated in accordance with the technical rules set out in Chapters I and III, section 1, of Annex I.

2. Operators of assembly centres that are approved in accordance with Community veterinary legislation shall in addition:

(a) entrust the handling of animals only to personnel who have followed training courses on the relevant technical rules set out in Annex I;

(b) regularly inform people admitted into the assembly centre of their duties and obligations under this Regulation and of the penalties for any infringement;

(c) make permanently available to people admitted into the assembly centre the details of the competent authority to whom any possible infringement of the requirements of this Regulation are to be notified;

(d) in case of non-compliance with this Regulation by any person present at the assembly centre, and without prejudice to any action taken by the competent authority, take the necessary measures to remedy the non-compliance observed and to prevent their recurrence.

(e) adopt, monitor and enforce the necessary internal rules in order to ensure compliance with points (a) to (d).

CHAPTER III Duties and obligations of the competent authorities

Article 10 Authorisations for transporters operating long distance journeys

1. The competent authority shall grant authorisations to transporters provided that

(a) the applicants have not submitted an application to and are not authorised as provided for in this paragraph or Article 11(1) by another competent authority in the same or another Member State;

(b) where the applicants are established in the Community, they are established in the Member State where they apply for authorisation;

(c) the applicants have demonstrated that they have sufficient and appropriate staff, equipment and operational procedures at their disposal to enable them to comply with this Regulation;

(d) the applicants or persons acting on their behalf have no record of serious infringements of Community legislation on the protection of animals in the five years preceding the date of the application.

(e) the applicants have submitted the following documents:

(i) valid training certificates for drivers as provided for in Article 16 (2) for all the drivers intended to operate long distance journeys;

(ii) valid certificates of approval as provided for in Article 17 (2) for all means of transport by road intended to be used for long distance journeys;

(iii) details of the procedures enabling transporters to trace and record the movements of road vehicles under their responsibility and to permanently contact the drivers concerned during long distance journeys;

(iv) emergency plans in the case of an event requiring actions such as those referred to in Article 22 (2).

2. The competent authority shall issue authorisations as provided for in paragraph 1 in accordance with the specimen set out in Chapter I of Annex III and valid for not more than two years from the date of issue.

Article 11 Authorisations for transporters not operating long distance journeys

1. The competent authority shall grant authorisations to transporters not operating long distance journeys upon application, provided that they comply with points (a) to (d) of Article 10(1).

2. The competent authority shall issue such authorisations in accordance with the specimen set out in Chapter II of Annex III and valid for not more than five years from the date of issue.

Article 12 Issue of authorisations by the competent authority

1. The competent authority may limit the scope of an authorisation provided for in Article 10(1) or Article 11(1) according to criteria that may be verified during transport.

2. The competent authority shall issue each authorisation provided for in Article 10(1) or Article 11(1) with a number unique in the Member State. The authorisation shall be drawn up at least in one of the official languages of the Member State of issue and two other official languages of the Community.

3. The competent authority shall record authorisations provided for in Article 10(1) or Article 11(1) in a manner enabling the competent authority to identify transporters rapidly in particular in the event of failure to comply with the requirements of this Regulation.

4. The competent authority shall record authorisations issued pursuant to Article 10(1) in an electronic database. Data referred to in the specimen set out in Chapter I of Annex III shall be made publicly and permanently available. The database shall also include decisions notified under Article 25(4)(c) and Article 25(6) and (7).

Article 13 Checks and measures to be taken by the competent authority before long distance journeys

For long distance journeys for domestic equidae and domestic animals of bovine, ovine, caprine and porcine species, the competent authority of the place of departure shall:

(a) carry out appropriate checks to verify that:

(i) transporters indicated in the journey log have the relevant authorisations and certificates;

(ii) the journey log submitted by the organiser is credible and indicates compliance with this Regulation;

(b) where the outcome of the checks provided for in point (a) are not satisfactory, require the organiser to change the arrangements for the intended long distance journey so that it complies with this Regulation;

(c) send details as soon as possible of the intended long distance journey set out in the journey log to the competent authority of the place of destination or of the exit point.

Article 14 Checks to be carried out by the competent authority at any stage of a long distance journey

The competent authority shall carry out at any stage of the long distance journey appropriate checks on a random or targeted basis to verify that declared journey times are credible and comply with this Regulation. In particular the competent authority shall verify that travel times and rest periods have complied with the limits set out in Chapter V of Annex I.

Article 15 Training of staff and equipment of the competent authority

The competent authority shall ensure that its staff are duly trained and equipped to check data recorded by the recording equipment in road transport as provided for by Regulation (EC) No 3821/85.

Article 16 Training courses and training certificate

1. Training courses shall be available for personnel of transporters and assembly centres for the purposes of Article 6(4) and Article 9(2)a.

2. The training certificate for drivers of road vehicles transporting domestic equidae or domestic animals of bovine, ovine, caprine, porcine species or poultry as referred to in Article 6(5) shall be granted in accordance with Annex IV. The training certificate shall be drawn up in at least one of the official languages of the Member State where it is issued and of two other official languages of the Community. The training certificate shall be issued by the competent authority or body designated for this purpose by the Member States and in accordance with the specimen set out in Chapter III of Annex III.

Article 17 Certificate of approval of means of transport by road

1. The competent authority or body designated by Member State shall grant a certificate of approval for means of transport by road used for long distance journeys upon application provided that the means of transport:

(a) are not the subject of an application submitted to or an approval by another competent authority in the same or another Member State;

(b) have been favourably inspected by the competent authority regarding the requirements of Chapters II and VI of Annex I applicable to the design, the construction and the maintenance of means of transport by road used for long distance journeys.

2. The competent authority or body designated by Member State shall issue each certificate with a number unique in the Member State and in accordance with the specimen set out in Chapter IV of Annex III. The certificate shall be drawn up in at least one of the official languages of the Member State of issue and two other official languages of the Community. Certificates shall be valid for a period of not more than five years from the date of issue and shall be renewed any time the means of transport is modified or refitted.

Article 18 Certificate of approval of livestock vessels

1. The competent authority or body designated by Member State shall grant a certificate of approval for a livestock vessel upon application, provided that the vessel is:

(a) regularly operated from the Member State where the application is made;

(b) is not the subject of an application submitted to or an approval by another competent authority in the same or another Member State;

(c) has been favourably inspected by the competent authority regarding the construction and equipment requirements for livestock vessels of Chapter IV of Annex I.

2. The competent authority or body designated by Member State shall issue each certificate with a number unique in the Member State. The certificate shall be drawn up in at least one of the official languages of the Member State of issue and two other official languages of the Community. Certificates shall not be valid for a period of more than five years from the date of issue and shall be renewed any time the livestock vessel is modified or refitted.

3. The competent authority shall record approved livestock vessels in a manner enabling them to be rapidly identified in particular in the event of failure to comply with this Regulation.

4. Member States may apply additional national rules for livestock vessels under their flag.

Article 19 Livestock vessel inspection at loading and unloading

1. The competent authority shall inspect livestock vessels before any loading of animals in order to verify in particular that:

(a) the livestock vessel is built and equipped for the number and the type of animals to be transported;

(b) compartments where animals are to be accommodated remain in a good state of repair;

(c) the equipment referred to in Chapter IV of Annex I remains in good working order.

2. The competent authority shall inspect livestock vessels before and during any unloading operations of animals in order to verify in particular that:

(a) the animals are fit to continue their journey;

(b) unloading operations are being carried out in compliance with Chapter III of Annex I.

Article 20 Checks at exit points and border inspection posts

1. Without prejudice to the checks provided for in Article 2 of Regulation (EC) No 639/2003 where animals are presented at exit points or border inspection posts, official veterinarians of the Member States shall check that the animals are transported in compliance with this Regulation and in particular:

(a) that transporters have submitted a copy of a valid authorisation as provided for in Article 10(1) or in Article 11(1);

(b) that drivers of road vehicles transporting domestic equidae, domestic animals of bovine, ovine, caprine, porcine species or poultry have presented a valid training certificate as provided for in Article 16(2);

(c) that the animals are fit to continue their journey;

(d) that the means of transport by which the animals are to continue their journey complies with Chapter II and when applicable Chapter VI of Annex I.

(e) that, in case of export, transporters have provided evidence that the journey from the place of departure up to the first place of unloading in the country of final destination indicates compliance with any international agreement listed in Annex V applicable in the third countries concerned;

(f) whether domestic equidae and domestic animals of bovine, ovine, caprine and porcine species have been or are to be transported over a long distance journey.

2. In the case of long distance journeys for domestic equidae and domestic animals of bovine, ovine, caprine and porcine species official veterinarians of exit points and border inspection posts shall perform and record the checks listed in the Section 3 "Place of destination" of Annex II. Records of those checks and the check provided for in paragraph 1shall be kept by the competent authority for a period of at least five years from the date of the checks including a copy of the corresponding record sheet or printing as referred to in Annex I or Annex IB to Regulation (EC) No 3821/85 if the vehicle is covered by that Regulation.

3. Where the competent authority considers that animals have been neglected or maltreated during the journey and are therefore not fit to complete their journey, they shall be unloaded, watered, fed and rested.

Article 21 Delay during transport

1. The competent authority shall take the necessary measures to prevent or reduce to a minimum any delay during transport or suffering by animals when unforeseeable circumstances impede the application of this Regulation. The competent authority shall ensure that special arrangements are made at the place of transfers and exit points and border inspection posts to give priority to the transport of animals.

2. No consignment of animals shall be detained during transport unless it is strictly necessary for the welfare of the animals or reasons of public safety. If any consignment of animals has to be detained during transport for more than two hours, the competent authority shall ensure that appropriate arrangements are made for the care of the animals and, where necessary, their feeding, watering, unloading and accommodation.

CHAPTER IV Enforcement and exchange of information

Article 22 Emergency actions in the event of non-compliance with this Regulation by transporters

1. Where a competent authority finds that any provision of this Regulation is not being complied with, or has not been complied with, it shall take, or require the person responsible for the animals to take, any necessary action required safeguarding the welfare of the animals.

Such action shall not be likely to cause unnecessary or additional suffering to the animals and shall be proportionate to the seriousness of the risks involved.

2. Depending on the circumstances of each case, such action may include:

(a) a change of driver or attendant;

(b) temporarily repairing the means of transport so as to prevent immediate injury to the animals;

(c) transferring the consignment or part of it to another means of transport;

(d) returning the animals to their place of departure by the most direct route;(e) unloading the animals and holding them in suitable accommodation with appropriate care until the problem is resolved.

In case there is no other means to safeguard the welfare of the animal, they shall be humanely killed or euthanasied.

3. Where action is to be taken due to non-compliance with this Regulation as referred to in paragraphs 1, and it is necessary to transport the animals in breach of some of the provisions of this Regulation, the competent authority shall issue an authorisation for the transport of those animals. The authorisation shall identify the animals concerned and define the conditions under which they may be transported until full compliance with this Regulation. Such authorisation shall accompany the animals.

4. The competent authority shall immediately arrange to have the necessary actions carried out if the person responsible for the animals cannot be contacted or fails to comply with its instructions.

5. Decisions taken by the competent authorities and the reasons for such decisions shall be notified as soon as possible to the transporter or his representative and to the competent authority that granted the authorisation as provided for in Article 10(1) or Article 11(1). If necessary competent authorities shall provide assistance to the transporter to facilitate the exploitation of the required emergency actions.

Article 23 Mutual assistance and exchange of information

1. The rules and information procedures set out in Council Directive 89/608/EEC [27] shall apply for the purposes of this Regulation.

[27] OJ L 351, 2.12.1989, p. 34.

2. Each Member State shall communicate details of a contact point for the purposes of this Regulation to the Commission, including, where available, an electronic address, within three months of the date of entry into force of this Regulation as well as any update of such data. The Commission shall forward details of the contact point to the other Member States within the framework of the Standing Committee on the Food Chain and Animal Health.

Article 24 Penalties

The Member States shall lay down the rules on penalties applicable to infringements of the provisions of this Regulation and shall take all measures necessary to ensure that they are implemented. The penalties provided for must be effective, proportionate and dissuasive. The Member States shall notify those provisions, as well as provisions for the application of Article 25, to the Commission by dd/mm/yy [insert 18 months after the date of publication]. at the latest and shall notify it without delay of any subsequent amendment affecting them.

Article 25 Infringements and notification of infringements

1. In the case of any infringements of this Regulation, the competent authority shall take the specific measures provided for in paragraphs 2 to 7.

2. Where a competent authority establishes that a transporter has not observed, or a means of transport does not comply with this Regulation, it shall notify without delay the competent authority that granted the authorisation to the transporter or the certificate of approval of the means of transport. Any relevant data and documents shall accompany such notification.

3. Where a competent authority of a place of destination finds that the journey took place in breach of this Regulation, the competent authority shall notify without delay the competent authority of the place of departure. Any relevant data and documents shall accompany such notification.

4. Where a competent authority receives a notification as provided for in paragraph (2) or (3) it shall, if appropriate:

(a) require the transporter concerned to remedy the breaches observed and establish systems to prevent their recurrence;

(b) submit the transporter concerned to additional checks;

(c) suspend or withdraw the authorisation of the transporter or the certificate of approval of the means of transport concerned.

5. In the case of infringement of this Regulation by a driver holding a training certificate as provided for in Article 16 (2), the competent authority may suspend or withdraw the training certificate, in particular if the infringement shows that the driver lacks sufficient knowledge or awareness to transport animals in compliance with this Regulation.

6. In the case of repeated or serious infringements of this Regulation, a Member State may temporarily prohibit the transporter or means of transport concerned from transporting animals on its territory, even if the transporter or the means of transport is authorized by another Member State, provided that all the possibilities afforded by mutual assistance and exchange of information as provided for in Article 23 have been exhausted.

7. Member States shall ensure that all the contact points as provided for in Article 23(2) are notified without delay of any decision taken under paragraph 4 (c), or paragraphs 5 or 6.

Article 26 Inspections and annual reports by the competent authorities

1. The competent authority shall check that the requirements of this Regulation have been complied with, by carrying out non-discriminatory inspections of animals, means of transport and accompanying documents. Such inspections must be carried out on an adequate proportion of the animals transported each year within each Member State, and may be carried out at the same time as checks for other purposes. The proportion of inspections shall be increased where it is established that the provisions of this Regulation have been disregarded. The above proportions shall be determined in accordance with the procedures referred to in Article 30 (2).

2. The competent authority shall submit to the Commission by 30 June each year an annual report of the previous year on the inspections provided for in paragraph 1. The report shall be accompanied by an analysis of the major deficiencies detected and an action plan to address them.

Article 27 On-the-spot checks

Veterinary experts from the Commission may, in collaboration with the authorities of the Member State concerned and, in so far as it is necessary to ensure uniform application of this Regulation, make on-the-spot checks in accordance with the procedures laid down in Commission Decision 98/139/EC [28].

[28] OJ L 38, 12.2.1998, p. 10.

Article 28 Guides to good practice

Member States shall encourage the development of guides to good practice which shall include guidance on the compliance with this Regulation and in particular with Article 10(1).

CHAPTER V Implementing Powers and Committee Procedure

Article 29 Annexes and implementing rules

1. The Annexes may be amended in accordance with the procedure referred to in Article 30(2).

2. Any detailed rules necessary for the implementation of this Regulation may be adopted in accordance with the procedure referred to in Article 30(2).

3. The obligation to hold a training certificate as provided for in Article 6 (4) may be extended to drivers of other domestic species in accordance with the procedure referred to in Article 30(2).

4. Derogations from Article 7 may be adopted in accordance with the procedure referred to in Article 30(2) in particular in order to take account of regional specificities.

5. Derogation from paragraph 2(e) of Chapter I of Annex I may be adopted by the Commission in case of exceptional market support measures due to movement restrictions under veterinary disease control measures. The Committee referred to in Article 30 is informed about any measures adopted.

6. Requirements for long distance journeys for animals other than domestic equidae, and domestic animals of bovine, ovine, caprine and porcine species may be adopted in accordance with the procedure as referred to in Article 30(2).

Article 30 Regulatory procedure

1. The Commission shall be assisted by the Standing Committee on the Food Chain and Animal Health instituted by Article 58 of Regulation (EC) No 178/2002 of the European Parliament and of the Council [29], composed of representatives of the Member States and chaired by the representative of the Commission.

[29] OJ L 31, 1.2.2002, p. 1.

2. Where reference is made to this paragraph, the regulatory procedure laid down in Article 5 of Council Decision 1999/468/EC [30] shall apply, in compliance with Article 7 thereof. The period laid down in Article 5 (6) of Decision 1999/468/EC shall be three months.

[30] OJ L 184, 17.7.1999, p. 23.

3. The Committee shall adopt its rules of procedure.

CHAPTER VI Final Provisions

Article 31 Repeals

Directive 91/628/EEC and Regulations (EC) No 1255/97 and (EC) No 411/98 are repealed from the 1 January 2004. References to the repealed Directive and Regulations shall be construed as references to this Regulation.

Article 32 Amendments to Directive 64/432/EEC

Directive 64/432/EEC is amended as follows:

1. Article 11 is amended as follows:

(a) The following point (ee) is inserted after paragraph (1)(e):

'(ee) comply with the provisions of Directive 98/58/EC and Regulation (EC) No xxx / xxx applicable to them;'

(b) Paragraph (4) is replaced by the following: :

'4. The competent authority may suspend or withdraw approval in the event of failure to comply with this Article or other appropriate provisions of this Directive, or of Regulation xxx / xxx or other Community veterinary legislation listed in Chapter I of Annex A to Directive 90/425/EEC*. Approval may be restored when the competent authority is satisfied that that assembly centre is in full compliance with all the appropriate provisions referred to in this paragraph.

* OJ L 224, 18.8.1990, p. 29.'

2. Article 12 is replaced by the following:

'Article 12

1. Member States shall ensure that the transporters meet the following additional conditions:

(a) for the carriage of animals they must use means of transport that are:

(i) constructed in such a way that the animal faeces, litter or feed can not leak or fall out of the vehicle; and

(ii) cleaned and disinfected immediately after every animal transport operation or that of any product which could affect animal health and if necessary before any new loading of animals, using disinfectants officially authorized by the competent authority;

(b) they must either:

(i) have appropriate cleaning and disinfection facilities approved by the competent authority, including facilities for storing litter and dung; or

(ii) provide documentary evidence that these operations are performed by a third party approved by the competent authority.

2. The transporter must ensure that for each vehicle used for the transport of animals a register is kept containing at least the following information which shall be retained for a minimum period of three years:

(a) places, dates and times of pick-up, and the name or business name and address of the holding or assembly centre where the animals are picked up;

(b) places, dates and times of delivery, and the name or business name and address of the consignee(s);

(c) species and number of animals carried;

(d) date and place of disinfection;

(e) details of accompanying documentation including the number;

(f) expected duration of each journey.

3. Transporters shall ensure that the consignment or animals do not at any time, between leaving the holdings or the assembly centre of origin and arriving at their destination, come into contact with animals of a lower health status.

4. Member States shall ensure that transporters give a written undertaking stating in particular that all measures necessary to comply with this Directive shall be taken and in particular the provisions of this Article and relating to the appropriate documentation that must accompany the animals.

5. This article shall not apply to persons transporting animals up to a maximum distance of 50 km counted from the place of departure to the place of destination.

6. In the event of failure to comply with this Article the provisions concerning infringements and notifications of infringements provided for in Article 25 of Regulation (EC) No xxx/xxx shall apply mutatis mutandis relating to animal health. '

Article 33 Amendment to Directive 93/119/EEC

In Annex A to Directive 93/119/EEC, paragraph 3 of Part II is replaced by the following:

'3. Animals must be moved with care. Passageways must be so constructed as to minimise the risk of injury to animals, and so arranged as to exploit their gregarious tendencies. Instruments intended for guiding animals must be used solely for that purpose, and only for short periods.'

Article 34 Entry into force and date of application

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

It shall apply from dd/mm/yy [insert 18 months after the date of publication].

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels,

For the Council

The President

ANNEX I - TECHNICAL RULES as referred to in Article 6(3), Article 8(1), Article 9(1) and (2)(a)

Chapter I - Fitness for transport

1. No animal shall be transported unless it is fit for the intended journey.

2. Animals that are injured or that present physiological weaknesses or pathological processes shall not be considered fit for transport and in particular if:

(a) they are unable to move independently without pain or to walk unassisted;

(b) they present a severe open wound or prolapse;

(c) they are pregnant females for whom 90% or more of the expected gestation period has already passed, or females who have given birth in the previous week;

(d) they are new-born mammals in which the navel has not completely healed;

(e) they are pigs of less than four weeks, lambs of less than one week and calves of less than two weeks of age unless they are transported less than 100 km.

(f) they are cervine animals in velvet.

3. However, ill or injured animals may be considered fit for transport if they are:

(a) slightly injured or ill whose transport would not cause unnecessary suffering;

(b) transported for the purposes of Council Directive 86/609/EEC [31] if the illness or injury is part of the research programme;

[31] OJ L 358, 18.12.1986 p. 1.

(c) transported under veterinary supervision for veterinary treatment or diagnosis. However, such transport shall be permitted only where no unnecessary suffering or ill treatment is caused to the animals concerned.

4. When animals fall ill or are injured during transport, they shall be separated from the others and receive first-aid treatment as soon as possible. They shall be given appropriate veterinary treatment and if necessary undergo emergency slaughter or killing in a way which does not cause them any unnecessary suffering.

5. Sedatives shall not be used on animals to be transported unless strictly necessary to ensure the welfare of the animals and shall only be used following veterinary control.

6. Lactating females of bovine, ovine and caprine species not accompanied by their offspring shall be milked at intervals of not more than 12 hours.

Chapter II - Means of transport

1. Provisions for all means of transport

1.1 Means of transport, containers and their fittings shall be designed, constructed, maintained and operated so as to:

(a) avoid injury and suffering and to ensure the safety of the animals;

(b) protect the animals from inclement weather and adverse changes in climatic conditions; they shall always be equipped with a roof;

(c) be cleaned and disinfected;

(d) prevent the animals escaping or falling out and be able to withstand the stresses of movements;

(e) ensure that air quality and quantity appropriate to the species transported can be maintained;

(f) provide access to the animals to allow them to be inspected and cared for;

(g) present a flooring surface that is anti-slip and minimise leakage of urine and faeces;

(h) provide a means of lighting sufficient for inspection and care of the animals during transport.

1.2 Sufficient space should be provided inside the animals' compartment and at each of its levels to ensure that there is adequate ventilation above the animals when they are in a naturally standing position without on any account hindering their natural movement.

1.3 For wild animals, the following shall be placed in the means of transport or the containers:

(a) a notice indicating that the animals are wild, timid or dangerous;

(b) written instructions about feeding and watering.

1.4 Partitions shall be strong enough to withstand the weight of animals. Fittings shall be designed for quick and easy operation.

1.5 Piglets of less than 10 kg, lambs of less than 20 kg, calves of less than six months and foals of less than four months of age shall be provided with appropriate bedding material. It shall be sufficient to allow the animals to lie down without being in direct contact with the floor.

1.6 Where transport on a vessel, an aircraft or a rail wagon is to last more than three hours, a means of killing suitable for the species shall be available to the attendant or a person on board who has the necessary skill to perform this task humanely and efficiently.

2. Additional provisions for transport by road or rail

2.1 Vehicles in which animals are transported shall be clearly and visibly marked indicating the presence of live animals.

2.2 Road vehicles shall carry suitable equipment for loading and unloading.

2.3 When assembling trains and during all other movement of rail wagons every precaution shall be taken to avoid jolting of a rail wagon containing animals.

3. Additional provisions for transport on Roll-on-Roll-off vessels

3.1 Before loading onto a vessel the attendant shall verify that when vehicles are loaded:

(a) on enclosed decks, the vessel is equipped with an appropriate forced ventilation system and it is fitted with alarm system and an adequate secondary source of power in case of failure;

(b) on open decks, adequate protection from sea water is provided.

3.2 Road vehicles and rail wagons shall be equipped with a sufficient number of adequately designed, positioned and maintained securing points enabling them to be securely fastened to the vessel. Road vehicles and rail wagons shall be secured to the vessel before the start of the sea journey to prevent them being displaced by the motion of the vessel.

4. Additional provisions for transport by air

4.1 Animals shall be transported in containers, pens or stalls appropriate for the species, in accordance with the relevant International Air Transport Association (IATA)live animals regulations.

4.2 Animals shall be transported only in conditions where air quality, temperature and pressure can be maintained within an appropriate range during the entire journey, having regard to the species of animals.

5. Additional provisions for transport in containers

5.1 Containers in which animals are transported shall be clearly and visibly marked, indicating the presence of live animals and with a sign indicating the top of the container.

5.2 During transport and handling, containers shall always be kept upright and severe jolts or shaking shall be minimised. Containers shall be secured so as to prevent displacement due to the movement of the means of transport.

5.3 Heavy containers shall be equipped with a sufficient number of adequately designed, positioned and maintained securing points enabling them to be securely fastened to the means of transport where they are to be loaded. Containers shall be secured to the means of transport before the start of the journey to prevent displacement due to the motion of the means of transport.

Chapter III - Transport practices

1. Loading, unloading and handling

1.1 Due regard shall be paid to the need of certain categories of animals, such as wild animals, to become acclimatised to the mode of transport prior to the proposed journey.

1.2 Where loading or unloading operations last for more than six hours:

(a) appropriate facilities shall be available in order to keep, feed and water the animals outside the means of transport without being tied;

(b) operations shall be supervised by an authorised veterinarian and particular precautions shall be taken to ensure that the welfare of the animals is properly maintained during these operations.

Facilities and procedures

1.3 Facilities for loading and unloading, including the flooring shall be designed, constructed, maintained and operated so as to:

(a) prevent injury and suffering and minimise excitement and distress during animal movements as well as to ensure the safety of the animals, in particular surfaces shall not be slippery and lateral protections shall be provided so as to prevent animals from escaping;

(b) be cleaned and disinfected;

1.4 Ramps shall not be steeper than 33,3 % on the horizontal level for pigs, calves and horses and than 50 % for sheep and cattle other than calves provided that ramps are equipped with cleats with intervals at a maximum of 30 centimetres.

1.5 Goods which are being transported in the same means of transport as animals shall be positioned so that they do not cause injury or suffering or distress to the animals.

1.6 Appropriate lighting shall be provided during loading and unloading.

1.7 When containers are loaded with animals placed one on top of the other on the means of transport, the necessary precautions shall be taken to avoid urine and faeces falling on the animals placed underneath.

Handling

1.8 It shall be prohibited to:

(a) strike or kick the animals;

(b) apply pressure to any particularly sensitive part of the body;

(c) suspend the animals themselves by mechanical means;

(d) lift or drag the animals by head, ears, horns, legs, tail or fleece, or handle them in such a way as to cause them unnecessary pain or suffering;

(e) use instruments which administer electric shocks;

(f) use prods or other implements with pointed ends;

(g) knowingly obstruct any animal which is being driven or led through any part where animals are handled.

1.9 Markets or assembly centres shall provide equipment for tethering animals when necessary.

1.10 Animals shall not be tied by the horns, the antlers, the nose rings nor by legs tied together. Calves shall not be muzzled. Equidae shall wear halters during transport except for unbroken foals. When animals are tied, the ropes, the tethers or other means used shall be:

(a) strong enough not to break during normal transport conditions;

(b) long enough to allow the animals, if necessary, to lie down and to eat and drink;

(c) designed in such a way as to eliminate any danger of strangulation or injury, and so as to allow animals to be quickly released.

Separation

1.11 Animals shall be handled and transported separately in the following cases:

(a) animals of different species;

(b) animals of significantly different sizes or ages;

(c) adult breeding boars or stallions;

(d) animals with horns and without horns;

(e) animals hostile to each other;

(f) tied and untied animals.

1.12 Points (a) to (d) of paragraph 1.11 shall not apply where the animals have been raised in compatible groups, are accustomed to each other, where separation will cause distress or where females are accompanied by dependent young.

2. During transport

2.1 Space allowances, including the height of compartment, and group size shall at least comply with the figures laid down, in respect of the animals and the means of transport referred to, in Chapter VII.

2.2 Paragraphs 1.9 to 1.12 shall apply mutadis mutandis to the means of transport.

2.3 Sufficient ventilation shall be provided to ensure that the needs of the animals are fully met taking into account in particular the number and type of the animals to be transported and the expected weather conditions during the journey. Containers shall be stowed in a way which does not impede their ventilation.

2.4 During transport, animals shall be offered water, feed and the opportunity to rest as appropriate to their species and age, at suitable intervals and in particular as referred to in Chapter V. The water and feed shall be of good quality and presented to the animals in a way which minimises contamination.

Chapter IV - Additional provisions for livestock vessels

1. Strength for pen rails and decks shall be appropriate to the transported animals. Strength calculations of pen rails and decks shall be verified during construction or conversion of the livestock vessel by a classification society approved by the competent authority.

2. Compartments where animals are to be transported shall be equipped with a forced ventilation system which gives sufficient capacity to change the air in its entire volume as follows:

(a) 40 airchanges per hour if the compartment is fully enclosed and the clear height is less or equal to 2.30 meters;

(b) 30 airchanges per hour if the compartment is fully enclosed and the clear height is more than 2.30 meters;

(c) 75 % of the above relevant capacity if the compartment is partially enclosed.

3. Storage or production capacity for fresh water shall be appropriate to meet the water requirement laid down in Chapter VI taking into account the maximum number and the type of animals to be transported as well as the maximum duration of the intended journeys.

4. Fresh water system shall be capable of supplying freshwater continuously in each livestock area and sufficient receptacles shall be available to ensure that all animals have easy and constant access to fresh water. Alternative pumping equipment shall be available to ensure water supply in the event of failure of the primary pumping system.

5. Drainage system shall be of appropriate capacity to drain fluids from pens and decks under all conditions. Drainpipes and channels shall collect the fluids in wells or tanks from where sewage can be discharged by means of pumps or ejectors. Alternative pumping equipment shall be available to ensure drainage in the event of failure of the primary pumping system.

6. Livestock areas, passageways and ramps to livestock areas shall be provided with sufficient lighting. Emergency lighting shall be available in case of a failure of the main electrical installation. Sufficient portable lighting shall be provided to allow the attendant adequate inspection and care of the animals.

7. A fire fighting system shall be appropriately installed in all livestock areas and fire equipment within the livestock areas shall comply with the most recent the International Convention for the Safety of Life at Sea (SOLAS) standards regarding fire protection, fire detection and fire extinction.

8. The following systems for livestock shall be equipped with a monitoring, control and alarm system in the wheelhouse:

(a) ventilation;

(b) fresh water supply and drainage;

(c) lighting;

(d) fresh water production if necessary.

9. A primary source of power shall be sufficient to supply continuous power for the systems for livestock referred to in paragraphs (2) (4) (5) and (6) under normal operation of the livestock vessel. A secondary source of power shall be sufficient to replace the primary source of power for a continuous period of three days.

Chapter V - Journey times

For the purpose of this Chapter:

(a) 'rest period' means an uninterrupted period in the course of a journey during which animals are watered and fed, without being moved in a means of transport and allowed to rest. Where vehicles or wagons are loaded onto a roll-on-roll-off vessel, time spent on the vessel shall be considered as a period when animal are not being moved in a means of transport and allowed to rest.

(b) 'travel time' means a period during a journey which is not interrupted by a minimum rest period as provided for in points (d) and (e) of paragraph 1.1 of section 1

1. Domestic equidae, domestic animals of bovine, ovine, caprine and porcine species

1.1 Long distance journeys are only permitted for domestic equidae and domestic animals of bovine, ovine, caprine and porcine species if:

(a) domestic equidae are more than four months of age and in the case of pigs weigh more than 10 kg;

(b) the additional provisions of Chapter VI are met;

(c) the space requirements for long distance journeys of Chapter VII are met and;

(d) for transport by road, travel times do not exceed 9 hours and rest periods are at least of 12 hours. The 9 hours of travel time do not include the 45 minutes of driver rest during which the vehicle is stationary. Sequences of travel times may be repeated during a journey. Member States may apply shorter transport periods for transport within their own territory;

(e) for transport by rail, travel times and rest periods meet the provisions of Table 1. A sequence of travel times and rest periods may be repeated during a journey.

(f) The provisions of points (a), (d), and (e) shall not apply to registered equidae as referred to in Directive 90/426/EEC [32]

[32] OJ L 224, 18.8.1990, p. 42.

Table 1 - Sequence of maximum travel times and minimum rest periods for transport by rail (in hours).

>TABLE POSITION>

2. Other species

2.1 For poultry, domestic birds and domestic rabbits, suitable food and water shall be available in adequate quantities, save in the case of a journey lasting less than:

(a) 12 hours; or

(b) 24 hours for chicks of all species, provided that it is completed within 72 hours after hatching.

2.2 Dogs and cats being transported shall be fed at intervals of not more than 24 hours and given water at intervals of not more than eight hours. There shall be clear written instructions about feeding and watering.

2.3 Wild animals shall be transported in accordance with the written instructions about feeding and watering and taking into account any special care required.

Chapter VI - Additional provisions for long distance journeys of domestic equidae and domestic animals of bovine, ovine, caprine and porcine species

1. All long distance journeys

Bedding

1.1 Animals shall be provided with appropriate bedding material. It shall be sufficient that animals can lie down without being in direct contact with the floor.

Feed

1.2 Equidae shall have permanent access to hay.

1.3 The means of transport shall carry a sufficient quantity of appropriate feedingstuff for the feeding requirements of the animals in question during the journey concerned. The feedingstuffs shall be protected from the weather and from contaminants such as dust, fuel, exhaust gases and animal urine and dung.

1.4 Where specific feeding equipment is used for the feeding of animals, that equipment shall be transported in the means of transport.

1.5 Where feeding equipment as referred to in paragraph 1.4 is used, it shall be so designed that, if necessary, it is attached to the vehicle to prevent its being overturned. When the means of transport is moving and when the equipment is not in use, it shall be stored in a part of the vehicle separate from the animals.

Partitions

1.6 Equidae shall be transported in individual stalls or boxes except mares travelling with their foals.

1.7 Animals shall not be tied during movements of the means of transport. This provision does not apply for registered equidae as referred to in Directive 90/426/EEC.

1.8 The means of transport must be fitted with partitions so that separate compartments may be created.

1.9 The partitions shall be constructed in such a way that they can be placed in different positions so that the size of compartment can be adapted to specific requirements, and to the type, size and number of animals.

2. Water supply for transport by road, rail or sea containers

2.1 The vehicle shall be equipped with a water supply system self-operated by the animals, that makes it possible for the attendant to provide water instantly anytime it is necessary during the journey, so that each animal has access to water.

2.2 The watering devices shall be in good working order and be appropriately designed and positioned for the categories of animals to be watered on board the vehicle.

2.3 The water tanks' total capacity for each vehicle shall be at least equal to 1.5 % of its maximum payload. Water tanks must be designed so that they can be drained and cleaned after each journey and must be fitted with a system allowing their water level to be checked. They must be connected to drinking devices within the compartments and maintained in good working order.

3. ventilation for transport by road

3.1 Ventilation systems on road vehicles shall be designed, constructed and maintained in such way that, at any time during the journey, whether the vehicle is stationary or moving, they are capable of maintaining the temperature adjusted for humidity in the vehicle between the maximum and minimum temperatures set out in Table 1;

3.2 The ventilation systems must ensure even distribution throughout with a minimum airflow of nominal capacity of 60 m3/h/KN of payload. They must be capable of operating at full capacity, independently of the vehicle engine, for at least 12 hours.

3.3 Vehicles must be fitted with a temperature and humidity monitoring system as well as with a means of recording such data. Sensors must be located in the parts of the lorry which, depending on its design characteristics, are most likely to experience the worst climatic conditions.

3.4 Vehicles must be fitted with a warning system in order to alert the driver when the temperature in the compartments where animals are located reaches the maximum or the minimum limit.

Table 1

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4. Journeys exceeding 24 hours

Without prejudice to the additional provisions provided for in sections 1, 2 and 3, where the intended journey time exceeds 24 hours:

(a) vehicles or containers transported by road or rail shall carry from the time of departure a quantity of feed corresponding at least to one daily requirements set out in Table 2;

(b) livestock vessels or containers transported by sea shall carry from the time of departure sufficient bedding as well as sufficient feed and water to cover the minimum daily feed and water supply requirements set out in Table 2 for the intended journey plus 25% or three days spare supply of bedding, feed and water, whichever is the greater.

Table 2 - Minimum daily feed and water supply

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Hay may be replaced by concentrated feed and vice versa.

* The minimum water supply requirements laid down in the fourth column may be replaced for all species by a water supply of 10% of the body weight of the animals.

Chapter VII - Space allowances

1. Domestic equidae and domestic animals of bovine, ovine, caprine and porcine species

1.1 Minimum floor areas as set out in Tables 1, 2 and 3 shall be provided as follows:

(a) Area A1 for non-long distance journeys;

(b) Area A2 for long distance journeys.

1.2 An additional 10% shall be given to pregnant females in the last third of gestation for the minimum floor area set out in Tables 1, 2 and 3. An additional 5% shall be given to adult bovines with horns for the minimum floor area set out in Table 1.

1.3 For pigs, compartment heights shall comply with the minimum figures H1 with forced ventilation and H2 with passive ventilation as set in Table 3.

1.4 When the average weight of the transported animals does not exactly match one of the figures set out Tables 1, 2 and 3, an interpolation or an extrapolation shall be calculated to determine the appropriate minimum value.

1.5 Equidae shall not be transported in multi-deck vehicles except if animals are loaded on the lowest deck with no animals on higher decks. The minimum internal height of compartment shall be at least 75 cm higher than the height of the withers of the highest animal.

1.6 For equidae, the minimum length of an individual stall or box shall be at least 60 cm longer than the distance from nose to back of hindquarters. The minimum width of the stall or box shall be at least 40 cm wider than the width of the widest point of the body.

1.7 When equidae are in stalls, the top of the partition shall be at least at the height of the withers and the bottom of the partition shall not be higher than the lowest point of the belly. Bars or barriers shall separate the heads of adjacent horses.

Table 1 - Equidae and bovine animals

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Table 2 - Sheep and goats

Average weight in kg // Area A1 or A2 per animal in m2

20 // 0,240

30 // 0,265

40 // 0,290

50 // 0,315

60 // 0,340

70 // 0,390

80 // 0,440

Table 3 - Pigs

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2. Poultry

Minimum floor areas shall be provided as follows:

Category // Area in cm2

Day-old chicks // 21 per chick

Poultry other than day-old chicks: weight in kg // Area in cm2 per kg

< 1.6 // 180

1.6 to < 3 // 160

3 to < 5 // 115

> 5 // 105

ANNEX II - JOURNEY LOG

as referred to in Article 5 (4), Article 8 (2), points (a) and (c) of Article 13 and Article 20(2)

1. A person planning a journey shall prepare, stamp and sign all pages of the journey log in in accordance with the provisions of this Annex.

2. The journey log shall be constituted of the following sections:

Section 1 - Planning;

Section 2 - Place of departure;

Section 3 - Place of destination;

Section 4 - Model of anomaly report.

The pages of the journey log shall be fastened together.

2. The organiser shall:

(a) identify each journey log with a distinguishing number;

(b) send a copy of Section 1 of the journey log properly completed and signed at least two working days before the time of departure to the competent authority of the place of departure;

(c) comply with any instruction given by the competent authority under point (a) of Article 13;

(d) ensure that the journey log accompanies the animals during the journey until the point of destination or, in case of export to a third country at least until the exit point.

3. Keepers at the place of departure, and when the place of destination is located within the territory of the Community, keepers at the place of destination, shall complete and sign the relevant sections of the journey log. They shall inform the competent authority of any reservations concerning the compliance with the provisions of this Regulation using the model in Section 4 as soon as possible.

4. When the place of destination is located within the territory of the Community, keepers at the place of destination shall keep for at least three years from the date of arrival at the place of destination:

(a) the journey log;

(b) a copy of the corresponding record sheet or printing as referred to in Annex I or Annex IB to Regulation (EC) No 3821/85 if the vehicle is covered by that Regulation.

The documents shall be made available to the competent authority upon its request.

5. If animals are exported to a third country, transporters shall give the documents referred to in points (a) and (b) of paragraph 4 to the official veterinarian at the exit point.

In case of export of live bovine animals with refunds, Section 3: Place of Destination of the journey log shall not be required if the agricultural legislation imposes a report.

6. The transporter in Section 3: Place of Destination the journey log shall keep a copy of the journey log after it has been filled in by the keeper at the place of destination or by the official veterinarian at the exit point. That copy shall be available to the competent authority that granted the transporter's authorisation within one month after it has been completed and shall be kept by the transporter for a period of at least three years from the date of the check.

SECTION 1: PLANNING

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(a) Organiser: see definition laid down in Article 2(m) of Council Regulation xx of [dd/mm/yyyy] on the protection of animals during transport and related operations and amending Directives 64/432/EEC and 93/119/EEC and Commission Decision 97/794/EC.

(b) If the organiser is a transporter the authorisation number shall be specified.

SECTION 2: PLACE OF DEPARTURE

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(a) Keeper : see definition laid down in Article 2(m) of the Regulation xxx.

(b) If different from section 1.

SECTION 3: PLACE OF DESTINATION

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(a) Delete as appropriate

(b) If different from section 1.

(c) If different from section 2.

SECTION 4: MODEL OF ANOMALY REPORT N°

A copy of the anomaly report accompanied by a copy of section 1 of the journey log shall be transmitted to the competent authority.

1. Declarant name, title and address

2. Place and Member State where the anomaly has been observed

// 3. Date and time when the anomaly has been observed

4. Type of the anomaly (ies)

4.1 Fitness for transport

(Chapter I Annex I) // 4.6 Space allowances

(Chapter VII Annex I)

4.2 Means of transport

(Chapter II and IV Annex I) // 4.7 Transporter's authorisation

(Article 6)

4.3 Transport practices

(Chapter III Annex I) // 4.8 Driver Training certifcate

4.4 Journey time limits

(Chapter V Annex I) // 4.9 Journey log records

4.5 Additional provisions for long distance journeys

(Chapter VI Annex I) // 4.10 Other

4.10 Remarks:

5. I hereby declare that I have checked the consignment of the above-mentioned animals and have expressed the reservations detailed in this report concerning the compliance with the provisions of Regulation XX on the protection of animals during transport.

6. Date and time of the declaration to competent authority // 7. Signature of the declarant

(a) Delete as appropriate

ANNEX III - FORMS as referred to in Articles 10(2), 11 (2), 16(2) and 17(2)

Chapter I - Authorisation for the transporters operating long distance journeys

Article 10(2)

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Chapter II - Authorisation for the transporters not operating long distance journeys

Article 11(2)

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Chapter III - Certificate for drivers

A

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rticle 16 (2)

Chapter IV - Certificate of approval for means of transport by road used over long distance journeys

A

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rticle 17 (2)

ANNEX IV

Training

1. Road drivers as referred to in Article 6(4) and Article 16 (1) shall have successfully completed the training as provided for in paragraph 2 and have passed an examination approved by the competent authority, which shall ensure that examiners are independent.

2. The training courses referred to in paragraph 1 shall include the technical and administrative aspects of Community legislation concerning the protection of animals during transport and in particular the following items:

(a) Annexes I and II;

(b) animal physiology and in particular drinking and feeding needs, animal behaviour and the concept of stress,;

(c) practical aspects of handling of animals;

(d) impact of driving behaviour on the welfare of the transported animals and on the quality of meat;

(e) Emergency care for animals.

ANNEX V - INTERNATIONAL AGREEMENTS as referred to in Article 20(1)(e)

The European Convention for the protection of animals during international transport.