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
Date: 1998-02-16
Institutions: Council of the European Union
Subjects: air conditioning, commercial vehicle, protection of animals, road transport, technical standard, transport of animals

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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

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to Council Directive 91/628/EEC of 19
November 1991 on the protection of animals during
transport (1), and in particular Article 13(1) thereof,

Having regard to the proposal from the Commission,

separation of animals by moveable partition, detailed
arrangements concerning feeding and watering and
adequate ventilation based either on a forced ventilation
system or on a system which will ensure compliance with
a prescribed temperature range;

Whereas the choice of one or the other of the above
systems must not prejudice the principle of
the free
movement of the animals,

under

Article

5(A)(1)(c)

Whereas
of Directive
91/628/EEC it is necessary to lay down the requirements
applicable to means of transport that will ensure compli-
ance with Community requirements concerning animal
welfare and in particular those to be laid down in accord-
ance with Article 13(1);

is necessary, when domestic solipeds and
Whereas it
domestic animals of
the bovine, ovine, caprine and
porcine species are transported on journeys exceeding
eight hours, to lay down standards applicable to the type
of
to
transport covered by this Regulation additional
those laid down in Chapter VII(3) of
the Annex to
Directive 91/628/EEC for the means of transport used;

Whereas animals of the species concerned are mostly
transported by road; whereas it is therefore appropriate in
an initial stage to lay down the additional standards with
which road vehicles must comply if they are to be used
for carriage of animals of the species concerned on jour-
neys exceeding eight hours;

Whereas, however, these additional standards with which
road vehicles must comply are laid down without pre-
judice to measures likely to be adopted subsequently
concerning additional standards applicable to the carriage
of livestock by other means of transport, in particular
transport by train and by sea; whereas pending the adop-
tion of such future measures, the provisions of Chapter
VII(3) of the Annex to Directive 91/628/EEC continue to
apply to the carriage of livestock by such other means of
transport;

HAS ADOPTED THIS REGULATION:

Article 1

Where the journey time of eight hours laid down in
Chapter VII(2) of the Annex to Directive 91/628/EEC is
exceeded, road vehicles used for the transportation of
domestic solipeds and animals of
the bovine, ovine,
caprine and porcine species within the Community must
comply with the additional requirements set out in the
Annex to this Regulation.

Article 2

By 31 December 2003 at the latest, the Commission shall
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 parti-
cularly on the application of
the different ventilation
systems, together with any appropriate proposals which
take account of the conclusions of that report.

The Council shall act by a qualified majority on these
proposals no later than six months after their submission.

Article 3

Whereas to ensure the welfare of the animals concerned,
the additional standards must lay down certain specific
obligations with regard notably to access to the vehicle,

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

(1) OJ L 340, 11. 12. 1991, p. 1. Directive as last amended by

Directive 95/29/EC (OJ L 148, 30. 6. 1995, p. 52).

It shall apply as from 1 July 1999.

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

Done at Brussels, 16 February 1998.

For the Council

The President

J. CUNNINGHAM

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ANNEX

ADDITIONAL STANDARDS FOR ROAD VEHICLES USED FOR CARRIAGE OF LIVESTOCK
ON JOURNEYS EXCEEDING EIGHT HOURS

1.

BEDDING

Without prejudice to the provisions of Chapter I(A)(5), second sentence, of the Annex to Directive
91/628/EEC, animals must be provided with appropriate bedding material which:

(a) guarantees their comfort; the quantity may vary depending on

— the species and the number of the animals being transported,

— the journey time,

— the weather;

(b) ensures adequate absorption and dispersal of animal urine and dung.

2.

FEED

Where, because of the species and categories of animals being transported and the journey times set
out in Chapter VII(4) of the Annex to Directive 91/628/EEC, the animals must be fed during the
journey, the following provisions apply:

(a) the vehicle used for the journey must carry a sufficient quantity of appropriate feedingstuff for the

feeding requirements of the animals in question during the journey concerned;

(b) during the journey, the feedingstuffs must be protected from the weather and from contaminants

such as, in particular, dust, fuel, exhaust gases and animal urine and dung;

(c) where specific equipment (troughs, receptacles or any other appropriate means of distributing
feedingstuffs) must be used for the feeding of animals, that equipment must be transported in the
vehicle, be suitable for the purpose and be cleaned before and after use and disinfected after each
journey;

(d) where feeding equipment such as described above is used, it must be so designed that it does not
injure the animals and can, if necessary, be attached to a specific part of the vehicle to prevent its
being overturned. When the vehicle is moving and when the equipment is not in use, it must be
stored in a part of the vehicle separate from the animals.

3.

ACCESS

Vehicles used for transport must be equipped so that at all times there can be direct access to all the
animals being transported so that they can be inspected and given all appropriate care, including
feeding and watering in particular.

4.

VENTILATION

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:

— the planned journey and its duration,

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

— the inside temperature and the outside temperature resulting from atmospheric conditions which

may occur during the planned journey,

— the specific physiological needs of the various species transported,

— the loading densities provided for in Chapter VI of the Annex to Directive 91/628/EEC and the

space available above the animals.

The system must also be designed in such a way that:

— it can be used at any time when the animals are in the vehicle whether it is stationary or moving,

— it ensures the efficient circulation of unpolluted air.

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To that end, operators must provide:

— either a forced ventilation system, the details of which are to be determined after consultation of
the Scientific Veterinary Committee in accordance with the procedure laid down in Article 17 of
Directive 91/628/EEC,

— or a ventilation system which ensures that a range of temperatures from 5 (cid:190)C to 30 (cid:190)C can be
maintained within the vehicle for all animals, with a + 5 (cid:190)C tolerance depending on the outside
temperature. This system must also be equipped with an appropriate monitoring device.

The possibility of choosing between these two systems shall not prejudice the principle of the free
movement of the animals.

5.

PARTITIONS

5.1.

The vehicle must be fitted with partitions so that separate compartments may be created.

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

6.

WATER SUPPLY

6.1.

The vehicle must be equipped for connection to a water supply during stops.

6.1.1. The vehicle must be equipped with fixed or movable devices appropriate to the different species, e.g.
troughs, bowls or nipples, in order to water the animals on board the vehicle. Those devices must be so
designed that the animals cannot injure themselves.

6.2. Without prejudice to the provisions laid down in 6.1 and 6.1.1, vehicles transporting pigs must,
depending on their capacity, the number of animals transported and the stops planned during the
journey, be fitted with one or more water tanks of sufficient capacity so that the animals may drink at
will during the journey.

Such water tanks must be so designed that they can be drained and cleaned after each journey and
must be fitted with a system allowing their water level to be checked so that they can be refilled at any
convenient moment during the journey. They must be connected to drinking devices within the
compartments maintained in good working order so that pigs may have access to water at any time. In
addition, a system such as spraying for hydrating pigs may be used in parallel with the above system.