Opinion on the communication from the Commission to the Council in accordance with Article 13(1) of Directive 91/628/EEC - Proposal for a Council Directive amending Directive 91/628/EEC concerning the protection of animals during transport (94/C 127/08)

On 10 September 1993 the Council decided to consult the Economic and Social Committee, under Articles 43 and 198 of the Treaty establishing the European Community, on the abovementioned proposal.

The Section for Agriculture and Fisheries, which was responsible for preparing the Committee's work on the subject, adopted its Opinion on 6 January 1994. The Rapporteur was Mr Mayayo Bello.

At its 312th Plenary Session of 26 and 27 January 1994 (meeting of 27 January 1994), the Economic and Social Committee adopted the following Opinion by 56 votes to 8, with 18 abstentions.

1. Introduction

1.1. The proposal for an amendment to Directive 91/628/EEC is concerned with the implementation of Article 13(1) which requires the Commission before 1 July 1992 to submit proposals based on a report from the Scientific Veterinary Committee, on the following points:

- maximum journey times

- feeding and watering intervals

- the duration of resting periods

- loading density

- standards for livestock vehicles.

2. General comments

2.1. The Committee welcomes the proposal's underlying objectives, which are to help improve animal welfare during transport, and particularly road transport.

2.1.1. The Committee nevertheless feels that the present wording of several points needs to be substantially amended.

2.2. Despite the passing of time and an examination of the Commission's proposal, doubts continue to linger about a number of matters, including the scientific credibility of some of the points to be amended, e.g. those concerned with:

- maximum journey times

- resting periods

- the need for food and drink.

2.3. The quality and value of an animal are affected if it is not properly cared for during transport; ultimately, therefore, the transport of animals has economic repercussions.

2.4. The transport of live animals, be they for breeding, further fattening or slaughter, requires prudent legislation which reconciles both aspects (animal welfare and economic repercussions) and is based on scientific evidence or - where this is not possible - on technically sound ideas rooted in practical experience.

2.4.1. Despite the present amendment, the subject still lacks clearly defined, scientifically-based criteria.

2.4.2. The Committee is also of the view that Community legislation in this area must first and foremost satisfy requirements of practicability and verifiability.

2.5. The welfare of animals during transport can be improved at the present time by regulating:

- the space allowances required by different species of animals, including the separation of groups within one and the same species,

- loading density,

- the technical characteristics of vehicles and the materials used in their construction.

2.6. Loading and unloading operations constitute the principal stress factor, which is compounded by the conditions under which animals are kept during transportation.

2.6.1. Another factor to be taken into consideration is the intermingling of two groups of animals which have not previously had much contact, even though they are of the same species (this is the case with pigs).

2.7. Drivers of road vehicles carrying live animals must be sufficiently capable of looking after their charges. This implies proper training in handling techniques. Smooth driving is also necessary.

2.7.1. Hauliers responsible for the transport of animals must ensure that their drivers enjoy good working conditions which comply fully with national labour law requirements, particularly in respect of journey times, driving hours, rest periods and the number of persons needed for this type of transport. They must likewise ensure that drivers receive proper specialized training so that they are fully conversant with the needs of the animals they are transporting and are aware of the fact that smooth driving techniques guarantee and improve the welfare of the animals in their charge.

2.7.2. The Commission is called upon to look for suitable ways of helping to reduce the transport of live animals for slaughter to the strict minimum. This can also be achieved by:

- maintaining or creating a network of profitable abattoirs, evenly distributed all over the country;

- cutting export refunds for live cattle and encouraging meat transport;

- critically re-assessing the ban on kosher slaughter currently in force in some Member States.

2.8. The duration of the journey must at all events be as short as possible. The Committee broadly proposes, in the light of experience, that:

- the following recommendations be implemented to improve the welfare of animals during transport:

( maximum travelling time without rest and water: 6 hours;

( maximum time without food: 12 hours;

( ability to adjust ventilation systems according to the weather;

- effective measures be taken to monitor conditions of transport and compliance with travelling time restrictions both during the journey and at the place of destination;

- standards be adopted on space allowances, loading density, the technical characteristics of vehicles and the materials to be used in their construction;

- less stressful routes should be used and vehicles transporting live animals should have traffic priority over other transport users.

2.9. Since stress is associated in particular with major changes to the modus vivendi of animals, the route chosen should be as easy as possible and efforts made to undertake the journey at the most comfortable time of day when traffic and seasonal conditions so dictate.

2.9.1. The Committee is not convinced that the experience acquired was taken into account when the tables were drawn up. The Committee therefore calls for their revision.

3. Specific comments

3.1. Directive 77/489/EEC on the international transport of animals, as well as the European Convention on the Protection of Animals during Transport, state that water, food and rest must be provided for animals every 24 hours at the very least.

3.2. If animals are to avoid stress, particularly in the case of journeys lasting a long time, hauliers should pay careful attention to the following factors:

3.2.1. Animals travel better after digestion, and any other practice may affect their emotional stability and equilibrium.

3.2.2. Animals should be allowed to rest for a while after eating and drinking and before resuming their journey; this should be counted as a resting period.

3.2.3. Stops for feeding, watering and resting must be contingent on the species, age and weight of the animals in question, and the conditions under which the particular journey is undertaken.

3.2.4. Maximum uninterrupted journey time should be twelve hours and the strict minimum of food necessary should be provided.

3.3. The definitions provided under points (h) and (i) to be added to Article 2(2) of Directive 91/628/EEC (Article 1(1) of the new proposal) are not sufficiently clear and the Committee proposes that they be reworded as follows:

'(h) 'travelling time': the period when the vehicle is in motion between the place of departure and the place of destination, including one or more staging points for the purpose of rest, food and water.

(i) 'resting period', a continuous rest period during which animals eat, drink and rest without being transported.'

3.4. The reason for deleting Article 5, point 1(b) of Directive 91/628/EEC is not clear. The point should be kept in to serve as a reminder of what is said later on in the Annex, Chapter I, point 2(a), (b), (c).

3.5. With regard to Article 1(4) of the new proposal, appropriate procedures for all types of journey should be laid down.

3.6. Except in exceptional cases, or where the length of journey so requires, the manner in which resting periods are spent might be optional, as stated in the last sentence of the first paragraph of point 48 (new Chapter VII of the Annex).

3.6.1. 'Recommendations' should remain the cornerstone, which means not drawing up tables and leaving the relevant livestock veterinary officer with the task of drawing up the travel schedule, inclusive of driving hours and rests.

3.7. The third line of the proposed new version of Article 5, point 2(c) of Directive 91/628/EEC (Article 1(5) of the new proposal) should read: 'hours, to demonstrate by documentary evidence that steps have been taken to meet the animals' need for food ....' (rest unchanged).

3.8. If Article 13, paragraph 2 is to be deleted (Article 1(7) of the new proposal), how can the staging points be determined ? If there is agreement that this is necessary, consideration should be given to regulating the question.

3.8.1. Staging points should therefore be mentioned in the last point of Article 1(6) of the new proposal.

3.9. In Chapter 1A(2)(a) of the Annex the phrase 'to stand in their natural position' should be replaced by 'when standing in their natural position'.

3.10. Article 1(11) of the new proposal should lay down flexible watering and feeding intervals (only for journeys over 12 hours).

3.11. Interpretation of the table setting out minimum resting periods is not easy (Article 1(14) of the new proposal).

3.11.1. It is not possible to pass an opinion since the table is incorrect. The Commission has not submitted an amended version with the mistakes corrected.

Done at Brussels, 27 January 1994.

The Chairman

of the Economic and Social Committee

Susanne TIEMANN