Proposal for a COUNCIL REGULATION amending Regulation (EC) No 411/98 as regards ventilation in road vehicles carrying livestock on long journeys

(presented by the Commission)

EXPLANATORY MEMORANDUM

Community rules on the protection of animals during transport are contained in Council Directive 91/628/EEC, as last amended by Directive 95/29/EC.

Chapter VII of the Annex to Directive 91/628/EEC provides that journey times for domestic solipeds and domestic animals of the bovine, ovine, caprine and porcine species shall not exceed eight hours. However the maximum journey time may be extended where the transporting vehicle meets additional requirements.

Council Regulation (EC) No 411/98 was adopted under Article 5 A (1) and Article 13 (1) of Directive 91/628/EEC to define additional animal protection standards applicable to road vehicles used for the carriage of livestock on journeys exceeding eight hours.

Article 2 of Regulation (EC) No 411/98 provides that the Commission is to submit to the Council a report drawn up on the basis of the opinion of the Scientific Veterinary Committee on the implementation of that regulation and more particularly on the application of the different ventilation systems.

The Commission Report [1] on the experience acquired by the Member States regarding the implementation of the Council Directive 91/628/EEC has confirmed the necessity to address this aspect concerning the transport of animals.

[1] COM (2000) 809 final.

Ventilation is one of the most crucial technical parameters to ensure the welfare of animals transported over long distances. Animals may be transported to regions with substantial climatic differences from their place of departure or through such regions. There are frequent reports of deaths in animals in transport due to excessive temperatures, especially while waiting to be loaded on ferries. These reports are very damaging to the image of animal transport and to public acceptability of long distance transport of animals in particular.

The Scientific Committee on Animal Health and Animal Welfare adopted on 8 December 1999 a report on the Standards for the Microclimate inside Animal Transport Road vehicles. Several recommendations are made. In particular the report advises that all vehicles should have a temperature and humidity monitoring system, a warning system and a means of recording this data. Ranges of minimum and maximum temperatures are also suggested.

The report of the Scientific Committee on Animal Health and Animal Welfare did not make recommendations concerning solipeds, although the conditions of transport of those species give rise to a significant number of concerns and consequently immediate action is necessary pending the availability of sufficient scientific data.

The proposed amendment, which is rule for the implementation of the basic Directive 91/628/EEC, is the simplest mean of achieving the desired objective.

Proposal for a COUNCIL REGULATION amending Regulation (EC) No 411/98 as regards ventilation in road vehicles carrying livestock on long journeys

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community,

Having regard to Council Directive 91/628/EEC of 19 November 1991 on the protection of animals during transport and amending Directive 90/425/EEC and 91/496/EEC [2], as last amended by Directive 95/29/EC [3],

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

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

Having regard to 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 [4], and in particular Article 2 thereof,

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

Having regard to the proposal from the Commission,

Whereas:

(1) Regulation (EC) No 411/98 laid down additional animal protection standards applicable to road vehicles used for the carriage of livestock on journeys exceeding eight hours in relation to Chapter VII(3) of the Annex to Directive 91/628/EEC.

(2) Regulation (EC) No 411/98 required the Commission to submit to the Council a report drawn up on the basis of the opinion of the Scientific Veterinary Committee on the implementation of this regulation and more particularly on the application of the different ventilation systems.

(3) The Scientific Committee on Animal Health and Animal Welfare adopted an opinion on the Standards for the Microclimate inside Animal Transport Road Vehicles on 8 December 1999. That opinion recommends in particular that all vehicles should have temperature and humidity monitoring systems as well as a warning system and a means of recording these data. The ventilation system should be capable of maintaining the temperature and humidity in the vehicle between a specific range of temperatures. The ventilation system should also be capable of operating independently of the vehicle engine.

(4) Pursuant to Directive 91/628/EEC, on 6 December 2000 the Commission adopted a report [5] on the experience acquired by Member States since the implementation of Directive 95/29/EC. This report noted that in particular during long journeys, animals could experience extreme climatic conditions with adverse effects on their welfare. Accordingly, action should be taken to reduce this problem.

[5] COM (2000) 809.

(5) Analogous problems exist for the transport of domestic solipeds which need to be addressed by similar means.

(6) A balance must be kept between the various aspects to be taken into account as regards welfare, health, economic and social considerations, and also environmental impacts. In particular, it is appropriate to provide a transitional period in respect of vehicles used for the transport of animals which were registered before 1 January 2002.

(7) In accordance with the principle of proportionality, it is necessary and appropriate for the achievement of the basic objective of the protection of animals during transport to lay down rules on ventilation for vehicles used for the carriage of livestock during long journeys. This Regulation confines itself to what is necessary in order to achieve the objectives pursued in accordance with the third paragraph of Article 5 of the Treaty.

(8) Scientific understanding of the impact of transportation on animal welfare continues to develop, as do the methods used to transport animals. It is therefore appropriate to provide that the technical provisions contained in the Annex to Regulation 411/98 may be amended by the Commission, following a regulatory procedure, to take account of such progress.

(9) Regulation (EC) No 411/98 should therefore be amended accordingly,

HAS ADOPTED THIS REGULATION:

Article 1

Article 2 of Regulation (EC) No 411/98 shall be replaced by the following text:

"Article 2

The Annex to this Regulation shall be amended in accordance with the procedure laid down in Article 17 of Directive 91/628/EEC with a view in particular to its adaptation to technological and scientific progress."

Article 2

Chapter 4 of the Annex to Regulation (EC) No 411/98 is replaced by the text in the Annex to this Regulation.

Article 3

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

It shall apply from 1 January 2002 in respect of all vehicles first registered on or after that date, and from 1 January 2004 to all vehicles first registered before 1 January 2002.

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

Done at Brussels,

For the Council

The President

ANNEX

Chapter 4 of the Annex to Regulation 411/98 shall be replaced by the following:

"4. VENTILATION

4.1 Criteria to take into consideration

The vehicle must be equipped with an adequate ventilation system to ensure that the welfare of the animals being transported is permanently guaranteed, taking into account in particular the following criteria:

a) the planned journey and its duration,

b) the design of the vehicle used (open or closed),

c) the inside temperature and the outside temperature resulting from atmospheric conditions which may occur during the planned journey,

d) the specific physiological needs of the various species transported,

e) the loading densities and the space available above the animals provided for Directive 91/628/EEC.

4.2 Objectives to be reached by ventilation systems

4.2.1.Ventilation systems shall ensure the efficient circulation of unpolluted air;

4.2.2.Ventilation systems on animal transport 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 stated in the table below;

>TABLE POSITION>

4.2.3. The ventilation systems must ensure even distribution throughout with a minimum airflow of nominal capacity of 60 m3/h/KN of payload;

4.2.4. They must be capable of operating at full capacity, independently of the vehicle engine, for at least 12 hours.

4.3 Verification methods

4.3.1. Vehicles must be fitted with a temperature and humidity monitoring system. Sensors should be located in the parts of the lorry which, depending on its design characteristics, are most likely to experience the worst climatic conditions;

4.3.2. 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;

4.3.3. They must be fitted with a means of recording these data. The records shall be available on any request of the competent authorities as defined by Directive 91/628/EEC from the time of departure to 30 days after the completion of the journey."