7. 3. 90 Official Journal of the European Communities No C 56/29 
Opinion on the proposal for a Council Regulation (EEC) on the protection of animals during 
transport 
(90/C 56/10) 
On 21 July 1989, the Council decided to consult the Economic and Social Committee, 
under Article 198 of the Treaty establishing the European Economic Community, on the 
abovementioned proposal. 
The Section for Agriculture and Fisheries, which was responsible for preparing the Commit­
tee's work on the subject, adopted its opinion on 31 October 1989. The rapporteur was Mr 
Storie-Pugh. 
As its 271st plenary session of 15 and 16 November 1989 (meeting of 15 November), the 
Economic and Social Committee adopted the following opinion with no votes against and 
one abstention. 
Introduction 
The protection of animals during transport is covered 
by two existing Directives on the international transport 
of animals between Member States. Within these Direc­
tives is the requirement for systematic inspection for 
welfare purposes at the internal frontiers of the Com­
munity. 
The Committee recognizes the necessity to abolish 
internal frontier checks as part of the process of achiev­
ing the free circulation of live animals and eliminating 
barriers and distortions to trade within the single Com­
munity internal market. It firmly supports the Com­
mission's intention to establish new measures which 
would safeguard the welfare of animals during trans­
port within the Community and to and from third 
countries. 
A high standard of protection of animals during trans­
port makes good economic sense and the Committee is 
strongly of the opinion that checks on the welfare of 
animals which are introduced as a substitute for checks 
at internal frontiers must be properly implemented and 
enforced in order to avoid distortions of trade. 
The Committee welcomes and supports these Com­
mission proposals which attempt to maintain a high 
quality of control over transport, particularly that over 
long distances and to third countries. It is recognized 
that these proposals now cover all transport within the 
Community and it emphasizes that conditions at the 
start of any journey must be of a high standard and 
that adequate and proper checks should be applied at 
places where animals are disembarked. In addition, it 
is also recognized that Member States should introduce 
a system whereby occasional checks can be applied 
during the course of the journey from point of embar­
kation to point of disembarkation. 
The Committee is also convinced that the harmoniza­
tion and uniform implementation of high standards of 
control over transport depends, to a large extent, on 
adequate communication being maintained between 
Member States. The enforcement of conditions which will necessarily apply to long distance transport, can 
only be ensured if information about these journeys is 
communicated between involved Member States. 
In addition, the Commission has a very real and practi­
cal role in ensuring that high standards of control 
are implemented throughout the Community and that 
animals are properly protected. The necessary finance 
and personnel must be provided for the Commission 
to carry out this role. 
1. General comments 
1.1. It was noted that these Commission proposals 
have been put forward as a Regulation and not a 
Directive. Whilst a Regulation leads to more certainty 
in the law in that there are no national implementing 
decisions required, it could cause problems for those 
Member States which have detailed subordinate legis­
lation relating to national transport. This would have 
to be revoked even though it may be more detailed and 
have provided good legal protection for animals over 
many years. 
1.2. Concern was expressed about the problem of 
enforcement within Member States as great emphasis 
is made upon the role of veterinary inspectors. In some 
Member States there appears to be a shortage of veterin­
arians in such posts and it was felt that emphasis should 
be made on the need for Member States to make proper 
provisions. In addition, concern was also expressed 
about the ability of the Commission to carry out the 
necessary veterinary checks related to the implemen­
tation of this Regulation as this would require a greater 
number of veterinarians than are presently employed 
in Directorate VI. 
1.3. It was felt that the role of the driver in road 
transport was of vital importance in ensuring the well-
being of the animals. Such drivers should possess know­
ledge of the needs of animals in their care. A certificate 
to this effect is necessary particularly for long journeys. 
No C 56/30 Official Journal of the European Communities 7. 3. 90 
1.4. Much concern was expressed about the rules 
referred to in Article 15 and the fact that they had not 
yet been drawn up. It was felt that these should be 
available before the Regulation comes into force. 
1.5. In addition, criticism was made of the pro­
cedures for drawing up these rules laid down in Article 
19. There should be wider consultations involved; 
including the Economic and Social Committee, before 
final decisions were taken by the Commission. 
1.6. In many places in the text there was reference 
to the 'person responsible' or the 'person in charge'. It 
was felt that these references should be rephrased to 
ensure that responsibility was clearly designated either 
to the driver or to the employer/transporter whichever 
was appropriate for the situation involved. 
1.7. Consideration should be given to derogation in 
certain exceptional cases, e.g. the transport of a few 
sheep in small boats between islands without the stipu­
lations which are aimed at the larger commercial ves­
sels. 
2. Specific comments 
2.1. Article 1 (b) 
The phrase 'domestic birds' should be clarified so that 
it is seen to refer to poultry, geese, etc. and not canaries 
of parrots. 
2.2. Article 2 (b) 
Replace 'reserved' by 'used for'. 
2.3. Article 2(b) 
Additional definition of 'journey time' — the time from 
the loading of the first animal on to the means of 
transport to the time of the unloading of the last animal. 
2.4. Article 2 (i) 
Amend to read: 
'a place where animals brought into and departing from 
the customs territory of the Community are inspected'. 
2.5. Article 3 (2) 
2.5.1. Third line: 
This section concerns itself with the fitness of animals 
both before and during transport. Animals that are ill 
or injured should not be considered fit for transport but it is felt that this should be enlarged to cover 
other instances of unfitness so the sentence should be 
amended to read: 
Animals that are ill, diseased, disabled or injured shall 
not be considered fit for transport.' 
2.5.2. Sixth line: 
Amend 'veterinary treatment' to read 'treatment from 
a veterinarian.' 
2.6. Article 4(1) 
2.6.1. Delays during transport for whatever reason 
can often be lengthy and lead to considerable suffering 
for the animals, particularly in road transport. It was 
felt that particular emphasis on strikes was misplaced as 
there are many other causes of delay. Adverse weather 
conditions are far more likely to delay animals in tran­
sit, severe sea conditions for example can delay boats 
from leaving port. Blizzards in mountainous areas can 
cause considerable delay for road vehicles. 
It is suggested therefore ore that more emphasis should 
be laid upon the need for necessary measures to be 
taken to try and prevent suffering of animals when 
transport is delayed. Particularly where this can happen 
at ports there should be facilities for unloading, feeding, 
watering and resting the animals. It was felt that this 
should be a requirement of all ports through which 
animals pass. It is recommended therefore that the 
special arrangements which have to be made at ports, 
airports, railway stations, marshalling yards, inspection 
posts, custom offices and free zones, should be the same 
as those required for staging points and be subject to 
official approval before such places can be used by 
animals in transit. 
2.7. Article 4 (2) 
The Committee is particularly concerned that many 
delays can be avoided if live animals are given prefer­
ence over other types of consignments. At the present 
time this is not the case and it is felt that all live animals 
should be considered as taking preference even over 
perishable goods. Such a requirement should be clearly 
laid down under Article 4. 
2.7.1. Article 4 (2) 
Second sentence should be amended to read: 
'In railway traffic no consignment of animals shall be 
detained during transport for more than two hours, 
unless this takes place at night — particularly when the 
weather is hot — or appropriate...' 
7. 3. 90 Official Journal of the European Communities No C 56/31 
2.8. Article 5(1) 
2.8.1. Identification of an animal is of prime import­
ance in ensuring that proper checks and controls are 
enforced over transport. It is felt, therefore that the 
Commission should clearly lay down what methods of 
identification are acceptable and particularly in the case 
of farm animals. However, it is also recognized that 
whereas most farm animals are identified with either 
an ear tag or something similar, this is not necessarily 
the case for others animals, e.g. dogs, reptiles, birds, 
etc. For animals such as reptiles or birds, it would be 
sufficient for an identification label to appear on the 
outside of the box in which such animals are being 
transported. 
2.8.2. The requirement for any transporter of ani­
mals to provide certain information laid down in Article 
5 (1) is important and it is felt that the Commission 
should produce a standardized form on which this 
information is to be recorded. However it is not clear 
for example, if a dealer buying animals from a market 
is required to know the origin of those animals, e.g. 
the farm from which they came to the market. This 
recording of information is another important contri­
bution to satisfactory controls and clarification is 
needed. 
2.9. Article 5 (2) 
The retention of records for a period of time after a 
particular journey has been completed is necessary not 
only for checking on the welfare of those animals but 
also as part of disease control measures. Clear and 
concise records are an important aspect of high-quality 
controls. It is felt that six months is the minimum for 
the retention of such records. 
2.10. Article 6(1) 
This important Article refers to the additional require­
ments necessary for animals which are being transport­
ed for long distances, i.e. for journeys which are going 
to exceed the laid down maximum times for which such 
types of animals may be transported without resting, 
feeding and watering. 
The Committee is conscious of the European Parlia­
ment's resolution of 20 February 1989 in which it was 
stated that: 
'all food animals should be slaughtered as near to the 
point of production as possible.' 
With modern means of transport and the availability 
of suitable slaughterhouses, it is felt that under no 
circumstances should an animal, intended for slaughter, 
be transported for longer than those times for which 
they can be transported without resting, feeding and 
watering. 
Article 6 (1) should therefore commence with the sen­
tence: 
'Animals intended for slaughter shall not be transported 
on a journey exceeding the times established in accord­ance with Article 15 (1), (a) unless the carrier can prove 
that provision cannot be made for lairage.' 
The Committee also felt that these additional require­
ments applying in Article 6 (1) should apply to all 
animals being exported from the Community to third 
countries regardless of the length of journey involved. 
The additional conditions laid down in Article 6 for 
the transport of certain types of animals over long 
distances should be enlarged to include the following: 
'a certificate to show the vehicle conforms to approved 
standards of construction and design; 
a certificate to show that the driver and/or the handler 
(if present) is konwledgeable in the care of the animals 
involved.' 
The Committee were strongly of the opinion that in all 
cases of long distance transport a greater effort should 
be made by the Member State concerned to ensure that 
the vehicle is adequate. A system of certification of such 
vehicles should therefore be introduced. 
Equally important is that those who drive such vehicles 
should be competent in caring for the animals in their 
charge. A certificate should therefore be issued to cover 
this aspect. 
2.11 Article 6 (2) 
The earlier reference in Article 6 to the exclusion of 
animals going to slaughter from being transported over 
long distances will mean that the first sentence should 
be amended to read: 
'All animals referred to in Article 1 (a) and (b) which 
are being transported for breeding for further fattening, 
where the journey has been notified to the competent 
authority in accordance with paragraph 1, shall be 
inspected by an official veterinarian during the 24 hours 
before their departure, to ensure that they are fit for 
the intended transport.' 
2.12. Article 7 (1) (c) 
2.12.1. Random sampling was felt to be difficult, 
particularly for road vehicles during transport but is 
was felt that is should take place at transfer points even 
though these might be frontier posts. 
2.13. Article 7 (3) and Article 8 (1) 
Does the 'person in charge' mean the driver of the 
vehicle, the captain of the ship or the owner of the 
animals or the owner of the means of transport? This 
should be clarified. 
No C 56/32 Official Journal of the European Communities 7.3.90 
2.14. Article 10(1) 
Concern was expressed that the Commission does not 
appear to employ sufficient numbers of veterinary 
experts for their task. 
2.15. Articles 11 and 12 
Articles 11 and 12 refer to importation from third 
countries. There would appear to be no provision for 
animals which are in transit through the Community 
from one third country to another. It is recommended 
therefore that the title under Chapter III be enlarged to 
cover this point. 
The number of authorized inspection posts should be 
kept as small as possible in order to ensure high stan­
dards. 
2.16. Article 13 
Second line: 
Replace 'systematically' with 'frequently'. 
2.17. Article 14 
This requirement for the Commission to disseminate 
information to Member States is supported but it is also 
necessary to encourage Member States to disseminate 
information on this new Regulation in such a form that 
it can be easily understood by those directly involved 
in transport e.g. hauliers. 
2.18. Article 15 
The rules referred to under this Article are an important 
factor in ensuring the proper transport of animals and 
the protection of their welfare. II is noted that these 
rules may not be published before this Regulation comes 
into force and the Committee re-emphasizes its earlier 
statement that such rules should be made available in 
advance of the Regulation coming into force and that 
more consultation should take place before these rules 
are finalized. 
2.18.1. Article 15 (1) (b) 
It is felt that in addition to staging posts having con­
ditions which require prior approval this should also 
apply to assembly points. It would therefore be a 
requirement on the Commission to define assembly 
points and to establish conditions to be laid down at 
these places. 
2.18.2. Article 15 (1) (c) 
Add 'based on weight of animal per square metre'. 2.18.3. Article 15 (2) 
The Committee was confused by this section as it 
appeared to leave Member States without any ability 
to apply restrictions or regulations on the transport 
until such times as the rules referred to in this Article 
have been published by the Commission. This para­
graph should be reworded to make it clear that existing 
Regulations would still apply. 
2.19. Article 16 
Add 'This annual report will be published.' 
2.20. Article 20 (2) 
Penultimate line 
'may take the' should be amended to 'must take the'. 
3. Annex 
3.1. Chapter 1 (A) 
3.1.1. Paragraph 1 
This important section is concerned with general advice 
on loading density. For short journeys it may be prefer­
able not to provide for the possibility for the animal to 
lie down. It should be pointed out that when calculating 
space requirements, many factors must be taken into 
account: the type, size and condition of the animals, 
the weather, the vehicle and the nature and length of 
the journey. Partitions must always be available to 
prevent understocking. 
3.1.2. Paragraph 2 (c) 
Containers should always be securely fastened to the 
means of transport. 
3.1.3. Paragraph 1 (d) 
It is felt that pigs should not be left more than 12 hours 
before being watered. 
3.1.4. Paragraph 2 (e) 
In addition to solipeds, breeding bulls should be hal­
tered and tethered, although never by the nose-ring. 
This would not apply to bulls reared for beef provided 
they are in compatible groups or otherwise accustomed 
to each other. 
3.1.5. Paragraph 2 (f) 
Tethers allowing animals to lie down should only be 
used when animals are partitioned individually. 
7. 3. 90 Official Journal of the European Communities No C 56/33 
Quick-release knots should be used for all tethers. 
3.1.6. Paragraph 4 
It is recommended that vehicles, particularly those used 
for journeys when unloading for feeding and watering 
is required, should possess hydraulic lifting equipment. 
All loading and unloading facilities should be designed 
so as to 'minimize the need for animals to be lifted by 
the head, forns, legs, tail, fleece or ears'. Electric goads 
or instruments based on the electric chock principle 
should be avoided as far as possible and prohibited for 
certain animals, e.g. horses, sheep and goats. 
3.1.7. Paragraph 5 
Add 'and should be leak-proof to the end of the first 
sentence. 
3.1.8. Paragraph 6 New (d) 
'Where large numbers of animals are being transported, 
there should be a sufficient number of attendants to 
care for them, with one person in charge of the whole 
consignment.' 
3.1.9. Paragraph 7 (b) 
Insert the words 'not more than' in place of 'about'. 
3.2. Chapter 1(B) 
3.2.1. Paragraph 9 
Add 'Excessive draughts should be avoided.' 
Done at Brussels, 15 November 1989. 3.2.2. Paragraph 11 
Large animals which are tethered and individually par­
doned could be loaded in such a way as to allow an 
attendant to move between them. However, this should 
not apply to large animals, e.g. bull beef being trans­
ported in groups. 
3.3. Chapter 1(C) 
Paragraph 14 
The words 'in a vehicle with a maximum authorized 
speed not exceeding 30 kilometres per hour' shoud be 
deleted. 
3.4. Chapter IV 
Deer would be covered by this section although only 
paragraph 41 lays down any specific condition. There 
must be a reference to the fact that only red deer 
and hybrids of red deer are suitable for commercial 
transportation. 
3.5. Chapter VI 
3.5.1. Paragraph 2 (c) 
Add 'and throughout their stay'. 
3.5.2. Paragraph 2 (k) new 
'have cleaning and disinfecting facilities for vehicles.' 
The Chairman 
of the Economic and Social Committee 
Alberto MASPRONE 
No C 56/34 Official Journal of the European Communities 7. 3. 90 
APPENDIX 
(fourth paragraph of Article 43 of the Rules of Procedure) 
During the discussions in the Plenary the following motion for amendment was defeated: 
After point 3.3, Chapter I (C), insert a new paragraph making the same point as 3.2.2. 
Reasons 
This is a problem in railway transport as well as road transport. 
Voting 
For: 21. Against: 36. Abstentions: 25. 
Opinion on the proposal for a Council Decision concerning the Framework Programme of 
Community activities in the field on research and technological development (1990 to 1994) (*) 
(90/C 56/11) 
On 16 August 1989 the Council decided, in accordance with Article 130q (2) of the Treaty 
establishing the European Economic Community, to ask the Economic and Social Committee 
for an Opinion on the abovementioned proposal. 
The Section for Energy, Nuclear Questions and Research, which was responsible for the 
preparatory work on the matter, adopted its opinion on 3 november 1989. (Rapporteur: Mr 
de Normann.) 
At its 271st plenary session (meeting of 15 november 1989), the Economic and Social 
Committee adopted unanimously the following opinion. 
1. Summary and general considerations 
1.1. The Committee recommends that the Council 
adopts the Commission proposal for a Framework 
Programme of Community activities in the field of 
research and technological development (1990 to 1994) 
(COM(89) 397 final) for a sum of ECU 7 700 million 
deemed necessary over the five-year period, subject to 
a further interinstitutional agreement covering the years 
1993 to 1994. 
1.2. The Committee has taken into account the sup­
porting papers tabled by the Commission both in 
advance of and subsequent to the issue of the third 
Framework Programme proposal. 
1.3. The Committee supports the concept of a rolling 
programme of R&TD which will enable work to be 
concentrated in essential and effective areas, will enable 
the reduction of removal of non-essential or ineffective 
work and the introduction of new work as it becomes 
necessary. 
(') OJ No C 243, 23. 9. 1989, p. 4. 1.4. It urges that the rolling programme approach 
should be adopted also for future framework pro­
grammes in order to provide essential continuity of 
work, and to reduce the time required to agree and 
implement the individual programmes. 
1.5. The Committee considers that the existing sys­
tem of finite framework programmes results in artificial 
breaks for financial reasons and in uncertainty about 
the funds available for the continuation of worthwhile 
projects. 
1.6. It believes that there will be an opportunity to 
introduce certain strategic adjustments and new concept 
into the rolling framework programme at an earlier 
stage and appreciates that the introduction of an over­
lap in the year 1990 to 1992 enables the funding to be 
increased from the beginning of that period. 
1.7. It emphasizes that the successful implementation 
of a rolling programme must involve a strong mana­
gerial discipline which will necessitate stopping pro­
grammes as well as starting them.