PROPOSAL FOR A COUNCIL REGULATION ( EEC ) ON THE PROTECTION OF ANIMALS DURING TRANSPORT
Date: 1989-06-29
Institutions: European Commission
Subjects: health certificate, protection of animals, transport of animals, veterinary inspection

COMMISSION  OF  THE  EUROPEAN  COMMUNITIES 

C0MC89) 322 final 

Brussels, 29 June 1989 

Proposal for a 

COUNCIL  REGULATION (EEC) 

on the protection  of animals during  transport 

(presented by the Commission) 

EXPLANATORY  MEMORANDUM. 

The  protection  of  animals  during  transport  Is  the  subject  of  two  Council 
Directives,  which  apply  the  provisions  of  the  European  Convention  on  the 
protection  of  animals  In  International  transport  to  the  transport  of 
animals  between  Member  States  and  require  systematic  Inspections  for 
welfare  purposes at  the  Internal  frontiers of  the  Community. 

In order  to  realise  the  free  circulation  of  live  animals  in  the  internal 
market,  It  Is necessary  to abolish  these  internal  frontier  inspections. At 
the  same  time,  it  Is  important  to  establish  measures  to  safeguard  the 
welfare of  animals during  transport. 

The attached  proposal  continues  to be based on  the European Convention,  and 
takes  account  of  the  European  Parliament's  Resolution  of  20  February  1987 
on  animal  welfare  policy,  which  called  on  the  Commission  to  make  certain 
proposals  in this field. 

The  proposal  sets  out  requirements  which  will  apply  to  all  transport  of 
animals within,  to and  from Member  States. Frontier  checks  will  take  place 
only  at  the external  frontiers  of  the Community.  The  proposed  rules  follow 
closely  the  existing  text,  with  a  new  system  of  control  added  to  replace 
internal  frontier  checks. 

Provision  is made  for  exchange of  Information between Member  States and  for 
Commission  checks  where  necessary.  Detailed  rules  of  application  will  be 
laid  down  by  an  advisory  committee  procedure:  pending  the  adoption  of  such 
rules  Member  States  will  be  obliged  to  accept  each  other's  present 
standards. 

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Proposal for a 

COUNCIL REGULATION  (EEC) 

on the protection of animals during  transport 

THE COUNCIL OF THE EUROPEAN  COMMUNITIES, 

Having  regard  to the Treaty establishing  the European  Economic Community,  and 

in particular  Article 43 thereof, 

Having regard  to the proposal  from the Commission, 

Having  regard to the opinion of the European Parliament, 

Having regard to the opinion of the Economic and Social  Committee, 

Whereas  the  European  Parliament,  in  Its  Resolution  of  20  February  1987 on 

animal  welfare policy  (1) called on  the Commission  to bring  forward  proposals 

on the protection of animals during transport; 

Whereas  in order  to eliminate technical  barriers  to trade  in  live animals and 

to  allow  the  market  organisations  In  question  to  operate  smoothly,  while 

ensuring  a  satisfactory  level  of  protection  for  the  animals  concerned,  the 

Community  has adopted  rules  In this field; 

Whereas  all  Member  States  have  ratified  the  European  Convention  for  the 

protection  of  animals  during  international  transport  and  have  signed  the 

additional  Protocol  enabling  the  Community  as  such  to  accede  to  the  said 

Convention; 

(1) OJ N* C  76, 23.03.1987, p. 185 

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Whereas  Council  Regulation  (EEC)  No  3626/82  of  3  December  1982  on  the 

Implementation  in  the  Community  of  the  Convention  on  International  trade  in 

endangered  species  of  wild  fauna  and  flora  (2) (hereinafter  referred  to  as 

CITES),  as  last  amended  by  Commission  Regulation  (EEC) No 610/89  (3), 

regulates the  conditions of transport  of  certain  species; 

Whereas  Council Directive 77/489/EEC  (4) laid down  rules on the protection 

of animals during  international  transport; whereas Council Directive 

81/389/EEC  (5) established  measures for the  implementation  of  Directive 

77/489/EEC, and  in particular  introduced  controls at the  internal  frontiers 

of the  Community; 

Whereas  in  order  to  achieve  the  same  objectives,  and  In  particular  the 

protection  of  animals  during  transport,  It  Is  necessary  in  the  context  of 

establishing  the  Internal market  to modify those rules; 

Whereas  within  this  framework,  the  transport  of  animals within,  to  and  from 

the Community must be covered, and systematic checks at the  internal  frontiers 

of the Community must  be abolished; 

Whereas  the rules proposed  will  ensure more effective protection of animals 

during transport; 

HAS ADOPTED THIS REGULATION: 

(2) OJ N° L 384, 31.12.1982, p. 1. 

(3) OJ N° L  66, 10.03.1989, p. 24. 

(4) OJ N° L 200, 08.08.1977, p. 10-

(5) OJ N° L 150, 06.06.1981, p. 1. 

-  4 

CHAPTER I 

General  Provisions 

Article 1 

This Regulation  applies to the transport  of: 

(a) domestic  solipeds and  domestic  animals of  the  bovine, ovine,  caprine  and 

porcine species; 

(b) domestic birds and domestic rabbits; 

(c) domestic cats and domestic dogs; 

(d) other mammals and birds; 

(e) other  vertebrate animals and cold-blooded animals. 

Article 2 

For  the purpose of  this Regulation  the following definitions shall  apply: 

(a) official  veterinarian:  a  veterinarian  designated  by  the  competent 

authority of a Member  State or of a third country; 

(t>) means of transport: those parts of road vehicles, rail vehicles, ships and 

aircraft  reserved  for  loading and carrying  animals, as well  as containers 

for  land, sea or air transport; 

(c) transport: any movement  of animals, effected  by a means of  transport, for 

purposes  of  breeding,  rearing,  fattening,  slaughter,  sale,  competition, 

exhibition  or  experimentation  and  including  loading  and  unloading  the 

animals; 

(d) staging  point: a place where  transport  Is  interrupted  for  up  to 12 hours 

for resting, feeding, or watering the animals; 

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(e) transfer  point: a place where  transport  Is Interrupted  for up  to 12 hours 

for transferring animals from one means of transport  to another; 

(f) place of  departure: the place at which  an animal  Is first  loaded on  to a 

means  of  transport, but excluding  a staging  point or a transfer  point; 

(g) place  of  destination:  the  place  at  which  an  animal  Is  finally  unloaded 

from  a  means  of  transport,  but excluding  a staging  point or a transfer 

point; 

(h) Journey: transport  from  place  of departure to  place  of destination; 

(I) Inspection post: a place where animals brought  Into the customs territory 

of the Community  are  Inspected. 

CHAPTER  M 

Transport  and Control 

Article 3 

1. The  transport  of  animals within,  to  and  from  each  Member  State  shall  be 

effected  in accordance with this Regulation and,  in respect of  the animals 

referred  to In: 

- Article 1(a), the provisions of Chapter  I of the Annex; 

- Article K b ), the provisions of Chapter  II of the Annex; 

- Article 1(c), the provisions of Chapter  III of the Annex; 

- Article 1(d), the provisions of Chapter  IV of the Annex; 

- Article 1(e), the provisions of Chapter V of the Annex. 

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2.  No  animal  shall  be  transported  unless  It  is  fit  for  the  Intended  journey 

and  unless  suitable  provisions  have  been  made  for  its  care  during  the 

journey  and  on  arrival  at  the  place  of  destination.  Animals  that  are  IiI or 

injured  shall  not  be  considered  fit  for  transport.  Any  animals  that  become 

111  or  Injured  during  transport  shall  receive  first-aid  treatment  as  soon 

as  possible  and  If  necessary  be  submitted  to  veterinary  treatment  or  be 

slaughtered  In a way  which  avoids  unnecessary  suffering. 

3.  Notwithstanding  paragraph  2,  Member  States  may  permit  the 

transport  of  animals  for  emergency  veterinary  treatment  or  for  emergency 

slaughter,  under  conditions  which  do  not  meet  the  requirements  of  this 

Regulation.  Member  States  shall  ensure  that  any  such  transport  is  permitted 

only  where  no  undue  suffering  Is  caused  to  the  animals  concerned.  If 

necessary, 

rules 

for 

the 

application  of  this  paragraph  shall  be 

adopted  In accordance  with  the procedure  laid  down  in Article  19. 

Article  4 

1. All  necessary  measures  shall  be  taken  to prevent  or  reduce  to  a minimum  any 

delay  during  transport  or  suffering  of  animals  when  strikes  or  other 

unforeseeable  circumstances  impede  the  application  of  this  Regulation,  in 

particular,  special  arrangements  shall  be  made  at  ports,  airports,  railway 

stations»  marshalling  yards,  inspection  posts,  customs  offices  and  free 

zones  to expedite  the  transport  of  animals. 

2. Without  prejudice  to  Community  animal  health  requirements  laid  down 

elsewhere,  no  consignment  of  animals  shall  be  detained  during  transport 

unless  it  Is  strictly  necessary  for  the  welfare  of  the  animals.  No 

consignment  of  animals shall  be  detained  during  transport  for  more  than  two 

hours  unless  appropriate  facilities  are  available  for  the  care  of  the 

animals  and,  where  necessary,  their  unloading  and  accommodation. 

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Article 5 

1. Animals shall, throughout  any  Journey, be  Identified  and be accompanied  by 

documentation enabling  the competent  authority  to determine: 

-  their origin and their ownership; 

-  their place of departure and place of destination; 

-  the date and time at which their  journey began; 

- any staging points or  transfer  points used or  intended  to be used  during 

the Journey. 

2.  In respect  of  animals  referred  to  in Article  1(a) and  (b) which  are being 

transported  for  purposes  of  breeding,  rearing,  fattening,  slaughter  or 

sale, complete  and up-to-date  records of all  journeys shall  be made, shall 

be kept  for at  least six months, and shall  be made available  immediately on 

request  to an official  of the competent  authority, by: 

(a) any  owner  or  person  In  charge  of  a  holding  or  premises  where  such 

animals are bred, reared, fattened, slaughtered or sold; 

(b) any owner or person  in charge of a staging point or  transfer  point; 

(c) any owner or person  In charge of a means of  transport. 

3. Rules  for  the  application  of  this  Article  shall  be  adopted  in 

accordance with the procedure  laid down  in Article 19. 

Article 6 

1. Any person  intending to transport  animals on a  Journey exceeding  the time, 

established  In  accordance  with  Article  15(1)(a),  for  which  that  type  of 

animal  may  be  transported  before being  given  food or  water,  shall  deliver 

to the competent  authority of  the place of departure, at  least one working 

day  before  the  Intended  time of departure, a signed  declaration  giving  the 

purpose and full details of the proposed  Journey  Including: 

-  8 -

-  the  time  and  place of  departure; 

-  the place  of  destination; 

- details  of  all  arrangements  made  for  feeding  and  watering  the  animait: 

during  the  Journey. 

In  respect  of  animals  for  which  rules  have  not  yet  been  laid  down  in 

accordance  with  Article  15(1)(a),  the  declaration 

shall  be  delivered, 

as  above,  for  journeys  exceeding  the  time  laid  down  in  the 

Annex  applicable  to  that  type of  animal. 

2. All  animals  referred  to  In  Article  1(a)  which  are  being  transported  for 

slaughter  or  further  fattening,  and  all  animals  referred  to  in Article  K b) 

which  are  being  transported  for  slaughter,  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.  An 

official  veterinarian  or  other  official  of  the  competent  authority  shall 

Inspect  the  animals  and  the  means  of  transport  at  the  time  of  loading  and 

shall  endorse  the  documentation  referred  to  In Article  5(1) with  the  date, 

time  and  official  stamp,  and  shall  sign  it,  if  the  conditions  laid  down  in 

this Regulation  have  been  met. 

Article  7 

I. Member  States  shall  ensure  that  officials  of  the  competent  authority  check 

on  the  application of  this Regulation  by  inspection  of: 

(a) means of  transport  and  animals  arriving  at  slaughterhouses; 

(b) means  of  transport  and  animals  at  markets,  at  other  assembly  points 

used  regularly  for  loading  animals,  at  staging  points  and  at  transfer 

points; 

(c) a  random  sample  of means of  transport  and  animals, circulating  on  their 

territory,  at  any  time.  These  inspections  shall  not  take  place  at  the 

internal  frontiers of  the  Community; 

(d) any  means  of  transport  where  there  is  reason  to  believe  that  the 

requirements of  this Regulation  are  not  being  or  have  not  been  met. 

- 9 -

2. Where there  is reason to believe that  the provisions of this Regulation are 

not being or  have not been met, an official  of  the competent  authority may 

require any animal  being  transported  to be taken to the nearest  appropriate 

place  for  inspection  and,  If  necessary,  unloading,  resting,  feeding  and 

water ing. 

3. When  making  an  inspection  In accordance  with  paragraph  1,  the official  of 

the  competent  authority  shall  inspect  the  animals,  the means of  transport 

and any certificates, records or documents containing  Information about, or 

details  of,  the  current  journey.  In order  to  facilitate  this  Inspection, 

Member  States  shall 

ensure  that  the  person  in charge  of  any  means of 

transport  operating  In  their  territory  Is  obliged  to  produce  for 

inspection,  on  request  by  an  official  of  the  competent  authority,  any 

certificates,  records  or  documents  relating  to  the  use  by  that  means  of 

transport  for  the carriage of  animals, or  to  the  identification or  origin 

of the animals. 

Article 8 

If  It  Is  found  in  the  course  of  transport  that  the  provisions  of  this 

Regulation  are  not  being,  or  have  not  been,  complied  with,  the  competent 

authority  of  the  place  at  which  such  a  finding  is made  shall  require  the 

person  In charge  of  the means  of  transport  to  take  any  action  which  the 

competent  authority  considers  to  be  necessary  in order  to  safeguard  the 

welfare  of  the  animais  concerned.  Depending  on  the  circumstances  of  each 

case, such action may  Include: 

(a) arranging  for the journey  to be completed or  the animals to be returned 

to their  place of  departure, by  the most  direct  route.  If this course 

of action would not cause undue suffering  to the animals; 

(b) arranging  for  the  animals  to  be  held  In  suitable  accommodation  with 

appropriate care until  the problem  Is resolved; 

(c) arranging  for the slaughter  and disposal  of the animals. 

-  10  -

2.  If  the  person  In charge  of  the means of  transport  falls  to comply  with  the 

instructions  of  the  competent  authority,  the  latter  shall  immediately  have 

the  measures  In  question  carried  out  and  shall  recover  the  costs  incurred 

i.v such measures  in the appropriate manner. 

Article  9 

1. Where  a  competent  authority  finds,  in  the  course  of  an  inspection  carried 

out  in  application  of  Article  7,  that  the  provisions  of  this  Regulation 

have  not  been  complied  with  in  another  Member  State,  It  shall  Inform  the 

competent  authority  of  that  Member  state without  delay,  giving  all  details 

of  the  transport  concerned  and  the  results  of  the  inspection.  The  latter 

Member  State  shall  take  all  necessary  measures  and  shall  inform  the  other 

Member  State of  the  decisions  taken  and  the  reasons  for  such  decisions.  If 

that  other  Member  State  fears  that  the  necessary  measures  have  not  been 

taken  or  are  Inappropriate,  It  shall  inform  the  Commission  accordingly, 

whereupon  the  Commission  may  seek  the  opinion  of  one  or  more  veterinary 

experts. 

2.  Rules  for  the  application  of  this  Article  shall  be  adopted  in 

accordance with  the procedure  laid down  in Article  19. 

Article  10 

1. Commission  veterinary  experts  may,  to  the  extent  necessary  for  uniform 

application  of  this  Regulation,  carry  out  on-the-spot  Inspections.  The 

Commission  shall  Inform  the  Member  States  of  the  outcome  of  such 

Inspections. 

2  The  Member  state  on  whose  territory  the  inspections  are  carried  out  shall 

provide  the experts with  all  the assistance  required  for  the  accomplishment 

of  their  task. 

3.  Rules  for  the  application  of  this  Article  shall  be  adopted  in 

accordance  with  the procedure  laid down  in Article  19. 

11  -

CHAPTER  I I I 

Importation from third countries 

Article 11 

1. No  Member  State  shall  authorize  the  transport  of  animals  from  a  third 

country  Into Its territory, whatever  their  final  destination, unless: 

(a) they  are  presented  at  the  time  of  their  arrival  In  the  customs 

territory  of  the  Community  at  an  inspection  post  approved  by  the 

competent authority  in accordance with Chapter VI of  the Annex; 

(b) adequate notice of their time of arrival has been given to the official 

veterinarian  in charge of the  inspection post; 

(c) they  are  accompanied  by  a  certificate  conforming  to  the  specimen  In 

Chapter VII of the Annex, signed at part A by an official  veterinarian, 

and  at  part  B  by  an  official  veterinarian  or  other  official  of  the 

competent  authority  at  the  time of  their  loading  for  dispatch  to  the 

Community.  The certificate shall consist of a single sheet, drawn up in 

at  least the official  language of the  Inspection post. 

2. Member  States shall  draw up  lists of  the  inspection posts approved  by them 

in  accordance  with  Chapter  VI  of  the  Annex,  and  shall  communicate  these 

lists and  any  subsequent  amendments  to each  other  and  to  the Commission. 

The  lists shall  Indicate for each  inspection post  the address, an approval 

number  and  the  types of  animals  for  which  It  is approved.  The  Commission 

shall  publish  these  lists  periodically  In  the  Official  Journal  of  the 

European Communities. 

Article 12 

1. Member  States shall  ensure that each consignment of animals arriving at an 

inspection post  Is  Inspected  by  an official  veterinarian  and  that  further 

transport of the animals on or through their territory  Is permitted only If 

the  conditions  laid  down  in  this  Regulation,  and  In  any  rules  made  in 

Implementation of this Regulation, are met. 

-  12  -

2. Where  the  further  transport  of  the  animals  Is  prohibited  following  the 

Inspection  referred  to  In  paragraph  1,  the  competent  authority  which  has 

made  the  Inspection shall,  depending on  the reason  for  prohibition: 

(a) arrange  for  the  animals  to  be  held  In  suitable  accommodation  with 

appropriate care until  the problem  is resolved; or 

(b) order  their  return  to  their  third  country  of  origin  after  appropriate 

rest,  feeding  and  watering,  to  be  determined  by  the  official 

veterinarian; or 

(c) arrange  for  their  slaughter  and  disposal. 

All  expenditure  incurred  pursuant  to  this paragraph  shall  be  chargeable  to 

the  importer,  consignor,  consignee  or  their  representative  without 

compensation  by  the  Member  State  concerned. 

3. Where  the  transport  Into or  through  the  Community  of  animals  from  a  third 

country  is authorized  following  the  inspection  referred  to  in paragraph  1, 

those  animals  shall  be  subject  to  the  provisions  of  this  Regulation, 

whatever  the customs procedure under  which  they  are  admitted. 

Article  13 

Where  a  Member  State  finds  that  the  provisions  of  this  Regulation  are  being 

breached  systematically  In  respect  of  the  transport  of  animals  from  one  or 

more  third  countries,  it  shall  so  Inform  the  other  Member  States  and  the 

Commission.  The  Commission  shall,  without  delay,  contact  the  competent 

authorities of  the  third  country  or  countries  concerned  to  Inform  them of  the 

problem  and  shall  request  the  appropriate  measures  to  be  taken.  It  shall 

inform  the  Member  States  of  the  results  of  such  contacts.  If  this  action 

fails  to  resolve  the  problem,  the  Commission  shall  adopt  the  appropriate 

measures  in accordance with  the procedure  laid down  In Article  19. 

J 

-  13  -

CHAPTER  IV 

Final  Provisions 

Article 14 

The Commission  shall establish a system,  including an appropriate database, to 

ensure  that  It has access  to all  current  scientific,  technological  and other 

relevant  Information  concerning  the  transport  of  animals,  and  shall 

disseminate such  Information to the competent  authorities of  the Member States 

and to other  Interested parties. 

Article 15 

1. Additional  rules  for  the  Implementation  of  this  Regulation  shall  be 

established  in accordance with the procedure  laid down  In Article  19. These 

shall  include Community  rules on: 

(a) maximum  times  for  which  certain  types  of  animals  may  be  transported 

without  resting, feeding and watering; 

(b) the approval  of staging points; 

(c) stocking densities for the transport of certain  types of animals; 

(d) the approval of means of transport  for certain  types of animals. 

2. Pending 

adoption  of  specific  rules  under  paragraph  1,  Member  States 

shall  not  Impose  restrictions  for  the  protection  of  animals  during 

transport  to or  from other  Member  States, except  where  such  transport  is, 

or would be,  In contravention of this Regulation. 

oA 

-  14  -

Article 16 

1. Member  States  shall  exchange  information  on  the  application  of  this 

Regulation. 

2. Each Member  State  shall,  in order  to ensure  a full  Implementation of  this 

Regulation,  upon  reqest  by  another  Member  State,  furnish  all  relevant 

details  of  specific  breaches  committed  on  its  territory  by  Its  residents 

and/or non-residents. 

3. The competent  authority of each Member  State shall make an annual  report  to 

the Commission  before  the  last  working  day of April  each  year, giving  the 

number  of  Inspections  made  during  the  previous  calendar  year  under  each 

sub-paragraph  of  Article  7,  paragraph  1,  along  with  details  of  any 

contraventions  discovered,  any  consequent  action  taken  by  the  competent 

authority,  and  any  judicial  penalties  imposed.  For  this  purpose  the 

competent  authorities  shall  use  the  standard  reporting  form  set  out  In 

Chapter VI11 of  the Annex. 

Article 17 

The provisions of  the Annex  may  be  amended  in accordance with  the  procedure 

laid down  In Article 19. 

Article 18 

The Commission  shall  be assisted  by  the Standing Veterinary  Committee  set  up 

by Council Decision 68/361/EEC (6) hereinafter  referred to as "the Committee". 

(6) OJ  N* L 255, 18.10.1968, p. 23. 

j 

-  15  -

Article 19 

Where  the  procedure  laid  down  In  this Article  is  to  be  used,  the  following 

rules shalI apply: 

The representative of  the Commission  shall  submit  to the Committee  a draft of 

the  measures  to  be  taken.  The  Committee  shall  deliver  its opinion  on  the 

draft, within  a  time  limit  which  the  Chairman  may  lay down, according  to 

the urgency of the matter, if necessary  by taking  a vote. 

The opinion  shall be  recorded  in the minutes; in addition, each Member  State 

shall have the  right  to ask to have  its position  recorded  in the minutes. 

The Commission  shall take  the utmost  account  of the opinion delivered  by the 

Committee.  It shall  inform the Committee  of the manner  in which  its opinion 

has been taken  into account. 

Article 20 

1. Member  States shall  take the appropriate specific measures  to penalize any 

infringement of this Regulation by natural  or  legal persons. 

2.  In  the  event  of  repeated  contraventions  of  this  Regulation,  or  of  a 

contravention  resulting  In  severe  suffering  of  animals,  a  Member  State 

may,  In  addition  to  any  other  sanctions  imposed,  take  measures  to 

prohibit  the means of  transport  concerned, or  Its operator, or  both, from 

transporting  animals  for  an  appropriate  period.  In  such  cases,  It shall 

inform  the other Member  States and  the Commission. The other  Member  States 

may  take  the  necessary  measures  to  ensure  the  application  within  their 

territory of any such prohibition. 

-  16  -

Article 21 

This  Regulation  shall  apply  without  prejudice  to  obligations  arising  from 

customs  legislation. 

Article 22 

Directives 77/489/EEC  and 81/389/EEC are hereby repealed 

Article 23 

This Regulation shall enter  into force on 1 January 1991. 

This  Regulation  shall  be  binding  In  its entirety  and  directly  applicable  In 

a 11 Member States. 

Done at Brussels, 

For the Counci I 

The President 

<^ 

ANNEX 

-  17  -

CHAPTER I 

DOMESTIC SOLIPEDS AND DOMESTIC ANIMALS OF THE BOVINE, OVINE, 

CAPRINE AND PORCINE SPECIES 

A. General  provisions 

1. Animals  likely  to give birth  during  carriage or  having  given  birth  during 

the  preceding  48  hours, and  newborn  animals  in which  the  navel  has  not 

completely  healed, shall not be considered  fit for transportation. 

2. (a) Animals  shall  be  provided  with  adequate  space  and,  unless  special 

conditions  for  the protection of  the animals require  to the contrary, 

room tolle down. 

(b) The means of transport and containers shall be constructed and operated 

so  as  to  protect  animals  against  Inclement  weather  conditions  and 

marked  differences  In climatic  conditions.  Ventilation  and  air  space 

shall  be adapted  to the conditions of  transport  and be appropriate for 

the species of animals carried. 

(c) Means of  transport  and containers shall  be easy  to clean, escape-proof 

and shall  be so constructed  and operated  as to avoid  Injury  to animals 

and  to  ensure  their  safety  during  transport.  Containers  in  which 

animals  are  transported  shall  be marked  with  a  symbol  Indicating  the 

presence  of  live animals  and  a  sign  indicating  the  upright  position. 

They  shall  allow for  the  Inspection  and care of  the animals and shall 

be  stowed  in a way  which  does  not  interfere  with  ventilation.  During 

transport  and  handling,  containers  shall  always  be  kept  upright  and 

shall not be exposed  to severe Jolts or shaking. 

(d) During transport animals shall be offered water and appropriate food at 

suitable  Intervals.  Animals  shall  not  be  left  more  than  24  hours 

without being fed and watered. 

-  18 -

(e) SoMpeds  shall  wear  halters during  transport. This provision  need not 

apply to unbroken animals. 

(f) When  animals  are  tied  the  ropes  or  other  attachments  used  shall  be 

strong  enough  not  to  break  during  the  transport  under  normal 

conditions, and  long enough  to allow the animals,  if necessary,  to  I le 

down and  to eat  and drink. Animals shall  not be tied by  the horns, or 

by nose rings. 

(g) Solipeds,  unless  In  individual  stalls,  shall  have  their  hind  feet 

unshod. 

3. (a) When  animals of various species  travel  in the same means of  transport, 

they  shall  be  segregated  according  to species, except  In  the  case of 

companion  animals  where  separation  would  cause  distress.  Furthermore 

special  measures shall  be taken to avoid adverse  reactions which might 

result  from  the transport  In the same consignment  of animals naturally 

hostile  to each  other. When  animals of  different  ages  are  carried  In 

the  same  means  of  transport,  adults  and  young  animals  shall  be  kept 

separate;  this  restriction  shall  not,  however,  apply  to  females 

travelling  with  their  young  which  they  suckle.  Adult  breeding  boars 

shall be separated  from each other. This shall also apply to stallions. 

(b) In compartments  in which  animals  are  transported,  goods  shall  not  be 

loaded which could prejudice the welfare of the animals. 

4. Suitable  equipment  for  loading  and  unloading  of  animais  such  as bridges, 

ramps or  gangways  shall  be used. The  flooring  of  this equipment  shall  be 

constructed sc as to prevent  slipping, and the equipment  shall  be provided 

with  lateral  protection  If necessary. Animals shall  not  be  lifted by  the 

head, horns, legs, tall or fleece during transport. 

5. The  floor  of  a  means  of  transport  or  a  container  shall  be  sufficiently 

strong  to bear  the weight  of  the animals being  transported,  ciose-boarded 

and so constructed  as to prevent  slipping. The floor shall  be covered with 

an adequate amount of  litter  to absorb excrement  unless  this can be dealt 

with  in a different way presenting at  least the same advantages. 

j 

-  19 -

6.  In  order  to  ensure  the  necessary  care  of  the  animals  during  transport, 

consignments  of  livestock  shall  be  accompanied  by  an  attendant, except  In 

the fol lowing cases: 

(a) where  animals  are  transported  In  containers  which  are  secured, 

adequately  ventilated  and,  where  necessary,  contain  enough  food  and 

water,  In  spill-proof  dispensers,  for  a  journey  of  twice  the 

anticipated  time; 

(b) where  the  transporter  undertakes  to  assume  the  functions  of  the 

attendant; 

(c) where  the  sender  has  appointed  an  agent  to  care  for  the  animals  at 

appropriate staging points. 

7.  (a) The  attendant  or  sender's  agent  shall  look after  the animals, feed  and 

water  them and,  if necessary, milk  them. 

(b) Cows  in milk shall  be milked at  intervals of about  12 hours. 

(c) To  enable  the  attendant  to provide  this care, he  shall,  if  necessary, 

have available a suitable means of  lighting. 

8. Animals  shall  only  be  loaded  into  means  of  transport  which  have  been 

thoroughly  cleaned.  Dead  animals,  litter  and excrement  shall  be  removed  as 

soon as possible. 

B. Special  provisions for transport  by rail 

9. Any  railway  truck  used  in the  transport  of  animals  shall  be marked  with  a 

symbol  for  the  living  animal, unless  the animals  are  being  transported  in 

containers.  If no trucks particularly  adapted  for  transport  of  animals  are 

obtainable, animals shall  be carried  In covered  trucks which are capable of 

travelling  at  high  speed  and  are  provided  with  sufficiently  large  air 

vents. The  Interior  sides of  the trucks shall  be of wood or other  suitable 

material  completely  smooth  and  fitted  with  rings  or  bars,  at  a  suitable 

height, to which  the animals may be attached. 

- 20 -

10. Solipeds  shall  be  tied  In such  a way  that  they  are  all  facing  the  same 

side  of  the  vehicle  or  tied  facing  each  other.  However,  young  unbroken 

animals shall not be tied. 

11. Large  animals  shall  be  loaded  in such  a way  as  to allow  an  attendant  to 

move between them. 

12. When,  in accordance with  the provisions of point  3 (a), the separation of 

animals  Is required, this may be effected either by tying them  In separate 

parts  of  the  truck,  if  its  space  permits,  or  by  means  of  suitable 

part it Ions. 

13. When  assembling  trains  and  during  all  other  movement  of  trucks  all 

precautions shall be taken to avoid  Jolting of trucks containing animals. 

C. Special provisions for transport  by road 

14  Vehicles shall  be escape-proof  and so constructed  as to ensure  the safety 

of  the  animals  and  shall  also  be  equipped  with  a  roof  which  ensures 

effective protection against  the weather. This shall not apply  in the case 

of  transport  by  a person  of  his own  animals within  50 kilometers of  his 

own holding  in a vehicle with a maximum authorized  speed not exceeding  30 

klIometôfs per hour. 

15. Tying  facilities  shall  be  provided  In vehicles  used  in  the  transport  of 

animals which  normally  require  to be  tied. When  vehicles  are  required  to 

be sub-divided, the partitions shall be of rIgid construct ion. 

16. Vehicles shall  carry a ramp complying with the requirements of point 4. 

D. Special provisions for transport by water 

17. The  fittings  of  vessels  shall  be  such  that  animals  can  be  transported 

without  injury or unnecessary suffering. 

-  21  -

18. Animals  shall  not  be  transported  on  open  decks  unless  In  adequately 

secured  containers  or  other  structures,  approved  by  the  competent 

authority  and giving  adequate  protection against  sea  and  weather. 

19. Animals shall  be  tied or  properly  accommodated in  pens  or  containers. 

20. There  shall  be adequate  passageways  having  access  to all  pens,  containers 

or  vehicles  accommodating  animals.  Lightingfacilities shallbe avai lable. 

21. A  sufficient  number  of  attendants  shall  be  provided  taking  Into  account 

the number  of  animals transported  and  the duration of  the voyage. 

22. All  parts  of  the  vessel  where  animals  are  accommodated  shall  be  provided 

with  drainage  and  shall  be kept  in a sanitary  condition. 

23. A  type of  instrument  approved  by  the competent  authority  shall  be  carried 

for slaughtering animals  if necessary. 

24. Vessels  used  In  the  transport  of  animals  shall,  before  sailing,  be 

provisioned  with  such  sufficient  supplies  of  drinking  water  and 

appropriate  foodstuffs,  having  regard  to  species  and  number  of  animals 

being  transported  as well  as  to the duration of  the voyage. 

25. Provisions  shall  be  made  for  Isolating  ill  or  injured  animals  during  the 

voyage and  for  suitable  treatment  to be  rendered  when  necessary. 

26. The  provisions  of  points  17  to  19  shall  not  apply  to  the  transport  of 

animals  loaded  in railway  trucks or  road  vehicles  on  board  ferry  boats or 

similar  vessels.  Where  animals  are  transported  In  railway  trucks  or  road 

vehicles  on  board  ships,  special  care  shall  be  taken  to  ensure  that 

adequate  ventilation  is provided  for  the animals  throughout  the voyage. 

E. Special  provisions for  transport  by  air 

27. Animals shall  be  transported  In containers, pens or  stalls appropriate  for 

the species,  In accordance with  the  IATA Live Animals Regulations. 

&-

-  22  -

28. Precautions shall  be taken  to avoid extremely  high or  low temperatures on 

board,  having  regard  to  the  species  of  animals.  In  addition,  severe 

fluctuations of air pressure shall be avoided. 

29.  In  freight  aircraft  a  type  of  Instrument  approved  by  the  competent 

authority shall be carried for slaughtering animals  if necessary. 

CHAPTER II 

DOMESTIC BIRDS AND DOMESTIC RABBITS 

30. The following provisions of Chapter  I shall  apply  mutatis  mutandis  to the 

transport  of  domestic  birds  and  domestic  rabbits: points  2  (a), (b) and 

(c), 3, 5, 6, 8, 9, 13, 17 to 22  inclusive, 24, 26 to 28 inclusive. 

31. Suitable food and water shall be available  in adequate quantities, save In 

the case of: 

(I) a Journey  lasting  less than 12 hours; 

(il) a  journey  lasting  less  than  24  hours  for  chicks  of  all  species, 

provided that  it is completed within 72 hours after hatching. 

CHAPTER  III 

DOMESTIC DOGS AND DOMESTIC CATS 

32.  (a) The  provisions  of  this  chapter  shall  apply  to  the  transport  of 

domestic  dogs or  domestic  cats  except  those  that  are  accompanied  by 

the owner or his representative. 

(b) The  following provisions of Chapter  1 shall  apply mutatis mutandis to 

the  transport  of  domestic  dogs  and  domestic  cats:  point  1, point  2, 

paragraphs  (a), (b) and  (c), points  3, 5, 6,  point  7  paragraphs  (a) 

and (c), points 8, 9, 12, 13, 15, 17 to 29 inclusive. 

-  23  -

33. Animals  in  transport  shall  be  fed  at  intervals  of  not  more  than  24  hours 

and  given  water  at  intervals  of  not  more  than  12  hours.  There  shall  be 

clear  written  instructions  about  feeding  and  watering.  Bitches  in oestrus 

shall  be separated  from male dogs. 

CHAPTER  IV 

OTHER MAMMALS  AND BIRDS 

34.  (a) The  provisions  of  this  chapter  shall  apply  to  the  transport  of  those 

mammals  and  birds  which  are  not  already  covered  by  the  provisions  of 

the  preceding chapters. 

(b) The  following  provisions  of  Chapter  1 shall  apply  mutatis  mutandis  to 

the  transport  of  the species  concerned  In this chapter: point  1, point 

2,  paragraphs  (a), (b) and  (c), points  3(b), 4  to 6  inclusive,  point 

7,  paragraphs  (a)  and  (c),  points  8  and  9,  and  points  13  to  29 

Inclusive. 

35. Only  animals  in  good  health  shall  be  transported.  Animals  obviously  In 

advanced  stages of  pregnancy  or  animals  that  have  recently  given  birth,  as 

well  as  Infant  animals  incapable  of  feeding  themselves,  shall  not  be 

considered  fit  for  transportation.  These  provisions  may  be  exempted  In 
exceptional  circumstances  if  It  is necessary  In the  animals1  Interest  for 

them  to travel  to a  location where  the appropriate  treatment  can be given. 

36. Sedation  shall  not  be administered  unless  in exceptional  circumstances  and 

then  only  under  the  direct  supervision  of  a  veterinarian.  Details  of  any 

sedation  shall  accompany  the animal  to  Its  destination. 

37. Animals  shall  only  be  transported  in  suitably  constructed  means  of 

transport, on which  shall,  If necessary,  be directions  that  there  are wild 

animals  in  them  which  are  timid  or  dangerous.  Moreover,  there  shall  be 

clear written  Instructions about  feeding  and watering  and  any  special  care 

required. Animals  covered  by CITES  shall  be  transported  in accordance  with 

the  provisions  of  the CITES  "guidelines  for  Transport  and  preparation  for 

shipment  of  live wild  animals and plants". 

-  24  -

38.  Animals  covered  by  this  chapter  shall  be  cared  for  In  accordance  with  the 

Instructions  and  guidelines  referred  to  in point  37. 

39  There  shall  be  an  appropriate  period  for  the  holding  and  conditioning  of 

animals  prior  to  shipment  during  which  they  shall,  if  necessary,  be 

introduced  progressively  to  their  containers. 

40.  Animals  of  different  species  shall  not  be  placed  in  the  same  container. 

Moreover,  animals  of  the  same  species  shall  not  be  placed  in  the  same 

container  unless  it  Is known  that  they  are  compatible  with  one  another. 

41.  Antlered  animals  shall  not  be  transported  while  in  velvet  unless  special 

precautions  are  taken. 

42.  Birds  shall  be  kept  In semi  darkness. 

43.  Marine  mammals  shall  have  the  constant  attention  of  a qualified  attendant. 

Containers  shall  not  be  stacked. 

44.  (a) To  ensure  adequate  flow  of  air  at  all  times  there  shall  be  additional 

ventilation  by  means  of  holes  of  a  suitable  size  In  all  walls  of  the 

container.  Care  shall  be  taken  that  these  holes  are  of  a  size  which 

prevents  the  animals  from  coming  into  contact  with  persons  handling 

the  container  or  from  causing  harm  to  the  animals  themselves. 

(b) Spacer  bars  of  adequate  size  shall  be  fitted  to  all  walls,  roofs  and 

bases  of  containers  to ensure  that  there  is a  free  flow  of  air  to  the 

animals  In  the  event  of  stacking  or  close  storing  of  cargo. 

45.  To  avoid  cross-Infect ion,  human  contact  with  animals  should  be  avoided. 

Animals  should  not  be  housed  near  foodstuffs  or  in  places  to  which 

unai'thorizud  persons  have  access. 

-  25  -

CHAPTER V 

OTHER VERTEBRATE ANIMALS AND COLD-BLOODED ANIMALS 

38. Other  vertebrate  animals and cold-blooded  animals shall  be  transported  in 

such  containers,  under  such  conditions,  In  particular  with  regard  to 

space,  ventilation  and  temperature,  and  with  such  supply  of  water  and 

oxygen  as  are  considered  appropriate  for  the  species. Animals  which  are 

covered  by  CITES  shall  be  transported  In  accordance  with  the  CITES 

"guidelines  for  Transport  and  preparation  for  shipment  of  live  wild 

animals  and  plants".  They  shall  be  transported  to  their  destination  as 

soon as possible. 

CHAPTER VI 

APPROVAL OF  INSPECTION POSTS 

1. Member  States shall  ensure  that  before an  Inspection post  is put on a list 

referred  to  in Article  11(2),  It  is  inspected  by  the  competent  authority 

and  found  to be  In compliance,  In respect of  the type of  animals for which 

it  Is approved, with the requirements of paragraph 2. 

2.  Inspection posts shall: 

(a) be situated at a point where animals arrive on the customs territory of 

the Community; 

(b) be positioned and organized  in such a way  that  consignments of  animals 

can be given priority over other consignments; 

(c) be under  the control  and  supervision  of  an official  veterinarian, and 

have  sufficient  suitably  trained  staff  to  handle  and  care  for  the 

animals arriving at the post; 

(d) have  suitable  equipment  for  the  unloading  and  loading  of  the  various 

means of transport  arriving at the post; 

-  26  -

(e) have  suitable  facilities,  easy  to  clean  and  disinfect,  for  holding, 

Inspecting,  feeding  and  watering  the  animals,  with  adequate  holding 

capacity,  lighting,  ventilation  and  drainage  for  the  type  and  number  of 

animais  accommodated; 

(f) have  suitable  arrangements  for  the  separate  accommodation  of  animals 

which  are  diseased,  injured  or  in need  of  Individual  attention; 

(g) have  adequate  facilities  for  the official  veterinarian  and  other  staff, 

including  changing  rooms,  toilets,  wash-basins,  showers  and  equipment 

for  cleaning  and  disinfecting  boots  and  other  protective  clothing; 

(h) have  adequate  lockable office  accommodation  reserved  for  the use  of  the 

competent  authority  and  equipped  with  the  communication  facilities 

necessary  for  the  Implementation  of  this  Regulation; 

(i) have  appropriate  arrangements  for  the  disposal  of  waste  material  and 

dead  animais; 

(j) have  appropriate  equipment  and  facilities  for  the  emergency  slaughter 

of  animals. 

# 

-  27  -

CHAPTER  VI  I 

28 

1. Name  k  address  of  consignor 

INTERNATIONAL  ANIMAL  TRANSPORT  CERTIFICATE  (1) 

-  *8  -

Cert if icate  number 

2. Name  k address  of  consignee 

3. COMPETENT AUTHORITY  (in capital  letters) 

4. Country  of  dispatch 

5. Country  of  destination 

6. Address of  final  destination  of  animals 

7. Number  of  animals 

8. Description  of  animals  (2) 

A.  I, undersigned, certify  that  I have  inspected  the animals described  above  and  that  in my  opinion 

they  are  fit  for  the  intended  international  transport. 

Stamp: 

Date: 

Local  time: 

0 

M 

Y 

Signature  of  official  veterinarian: 

B.  I, undersigned,  certify  that  the animals  described  above were  loaded  on  to:  (3) 

at  (piece cf  loading): 

under  conditions approved  by an  official  veterinarian 

Stcrop: 

Dcte: 

Local  time first  animal  loaded: 

Signature  of official  veterinarian  or  representative of  the 
competent  authority: 

MOTES 

(i) A  certificats nust  be  issued  in  respect  of  each consignment  of  animals  transported  in one and  the  same 

rood vehicle,  railway wagon,  ship, aircraft  or container  from one and  the same  holding  to one and  the 
same  consignee. Whsn  such o consignment  is split  up, a copy  of  this certificate  to which,  If  necessary, 
additions  have been made  on  the date  the consignment  was spilt  up, must  accompany  each group - with any 
additions  n»casaary -  to  the animals'  final  destination. 

(2) The description  should  include  the breed  and  sex of  the animals,  stating  e.g. 

ewe,  ram,  lamb or  the 

equivalent  description  for  the species. 

(3) State  the meons of  transport  and  give  the  registration  number  for  road vehicles  and  railway wagons,  the 
name  for  ships and  the  flight  number  for aircraft. For  trailers and containers which may  be  detached 
from  the  tractor  unit, give  the  trailer ond  container  numbers. 

- 29 -

CHAPTER VI I I 

ANNUAL REPORT FORM 

Member  State 

Year 

Council  Regulation 

/ 

-  Article 7.1  (...M1) 

Number of  inspections made 

Number of  Inspections where contraventions found 

Contraventlon(*) 

Action  taken 

Judicial  Penalty 

(x) Enter a, b, c, or d using a separate form for each. 
(*)  Enter number of Article or Annex paragraph. 

I  FINANCIAL  STATEMENT 

concerning: 

i  Draft  Council  Regulation  on  the protection  of animals during  transport 

I 1.  Budget  heading: 

! 

Ill B 

Item: 

382 

Title: 

Inspection  in Agriculture 

1 2.  Le :nl basis: 

I 

Article 43 of  the Treaty 

i 3.  Classification: 

Compulsory  expenditure/Non-campuIsory  expenditure 

I 4.  Purpose/description of  the measure: 

i 

Verification  of  the  implementation  of  the Regulation 

5.  Method  of calculation 

I 5.1  Fo.m  of  expenditure: 

Mission  expenses 

I 5.2 Community  contribution: 

100% 

I 5.3 Calculation: 
I 

200 days of mission per year at  170 ECU per day 
(actual  cost  of  slaughterhouse visit:  170 ECU per day) 

I 

-  34 000 ECU per year 

I 6~!  Financial  implication  as  regards operating appropriations 

i 6.1  Schedule  of  commitment  appropriations and payment  appropriations  (m ECU) 

i 

! 
I 

I 

I 

Year 

1990 
1991 
1992 
1993 
1994 
following years 

C.A. 

0,034 
0,034 
0,034 
0,034 
0.034 

P.A. 

0,034 
0.034 
0,034 
0,034 
0.034 

Total 

0.170 

0.170 

I 6.2 Financing duiing current  year: 

None 

I 7.  Observations: 

I 

j 

I 

i 

; 

i 

I 

I 

I 

I 

I 

I 

I 

I 

t 

I 

I 

I 
I 
I 
I 
I 
I 

I 

I 

I 

V 

IMPACT  ON  BUSINESS 

The  protection  of  animals  during  transport  is  the  subject  of  two  Council 
Directives,  which  apply  the  provisions  of  the  European  Convention  on  the 
protection  of  animals  In  International  transport  to  the  transport  of  animais 
between  Member  States  and  require  systematic  inspections  for  welfare 
purposes  at  the  Internal  frontiers  of  the  Community. 

In  order  to  realize  the  free  circulation  of  live  animals  in  the  Internal 
market,  It  is necessary  to  abolish  these  Internal  frontier  inspections.  At 
the  same  time.  It  Is  Important  to  establish  measures  to  safeguard  the 
welfare  of  animals  during  transport. 

The  attached  proposal  continues  to  be  based  on  the  European  Convention,  and 
takes  account  of  the  European  Parliament's  Resolution  of  20  February  1987 on 
animal  welfare  policy,  which  called  on  the  Commission  to  make  certain 
proposals  in  this  field. 

The  proposal  sets  out  requirements  which  will  apply  to  all  transport  of 
animals  within,  to  and  from  Member  States.  Frontier  checks  will  take  place 
only  at  the  external  frontiers  of  the  Community.  The  proposed  rules  follow 
closely  the  existing  text,  with  a  new  system  of  control  added  to  replace 
Internal  frontier  checks. 

This will  reduce  the workload  on  transport  firms, who will  no  longer  need  to 
arrange  for  official  Inspection  of  every  consignment  which  crosses  or  is 
intended  to  cross  a  frontier  within  the  Community.  In  addition,  a  new 
requirement  is  added  (Article  4)  to  require  that  transports  of  animals  are 
not  unduly  delayed  at  ports, airports,  frontier  crossings  or  other  potential 
bottlenecks. 

The  overall  effect  of  this  Regulation  will  be  to  facilitate  trade  by 
removing  costly  and  time-consuming  delays  at  intra-Communlty  frontiers. 

Commission of the  European  Communities 

COM(89)  322  final 

Proposal for a 

COUNCIL  REGULATION (EEC) 

on the  protection of  animals during transport 

(submitted to the Council by the  Commission) 

29.6.1989 

Office for  Official  Publications of the  European Communities 
L - 2985  Luxembourg 

Series:  DOCUMENTS 

1989 -  32 pp. -  Format:  21.0 x 29.7  cm 

EN 

ISSN  0254-1475 

ISBN  92-77-51772-7 

Catalogue number:  CB-CO-89-285-EN-C 

COM(89)  322  final 

ISSN 0254-1475 

DOCUMENTS 

Proposal for  a 

COUNCIL  REGULATION  (EEC) 

on the  protection  of  animals  during  transport 

(submitted to the  Council  by the  Commission) 

03 

07 

Catalogue  number:  CB-CO-89-285-EN-C 

ISBN  92-77-51772-7 

€ 

COMMISSION  OF THE EUROPEAN  COMMUNITIES 

29.6.1989