Proposal for a Council Decision amending the Annex to Directive 91/628/EEC with respect to pigs passing through staging points
Date: 1998-07-22
Institutions: European Commission
Subjects: protection of animals, swine, technical standard, transport of animals, veterinary inspection

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 22.07.1998 
COM(1998) 478 final 

98/0248 (CNS) 

Proposal for a 

COUNCIL DECISION 

amending the Annex to Directive 91/628/EEC with respect 
to pigs passing through staging points 

(presented by the Commission) 

EXPLANATORY  MEMORANDUM 

Community  rules  on  the  protection  of  animals  during  transport  are  laid  down  in  Council 
Directive  91 /628/EEC  (1), amended  by  Directive  95/29/EC  (2). 

Chapter  VII,  point  5 of the Annex  to this  Directive  requires  that  animals  must  be unloaded  at 
staging  points.  Pigs  are  particularly  sensitive  to  stress  which  may  occur  at  loading  and 
unloading  when they are  transported. 

Recent  developments 
construction  of vehicles  with  much  improved  facilities  for  the transport  of pigs. 

in  livestock  road  vehicle  design  have  led  to  the  possibility  of 

It  may  he  necessary  to  allow  breeding  pigs  to  remain  separate  from  other  pigs  at  staging 
points  in order  to preserve  their special  health  status. 

It  is  therefore  desirable  , subject  to  very  stringent  conditions,  to provide  for  the  possibility  of 
pigs  being  rested,  fed  and  watered,  and  cared  for  at  a  staging  point  while  remaining  on  the 
vehicle. 

The  protection  of  animals  during  transport  is  an  exclusive  Community  competence.  The 
proposed  Council  Decision  is the simplest  means of achieving the desired  objective. 

The Council  is requested  to consult  the  Parliament  on  this proposal. 

(1) 
(2) 

O JL  340,  11.12.1991, p.  17. 
OJL  148, 30.6.1995, p. 52. 

£ 

Proposal  for a Council  Decision 
of 
amending  the  Annex  to  Directive  91/628/1!EC with  respect 
to pigs  passing  through  staging  points 

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  Directives  90/425/EEC  and  91/496/EEC1,  and  in 
particular  Article  14 thereof, 

I laving  regard  to the proposal  from  the  Commission2 
I laving  regard  to the opinion  of the  European  Parliament 

Whereas  Chapter  VII,  point  5,  of  the  Annex  to  Directive  91/628/EEC  requires  all  animals 
passing  through  staging  points  to be  unloaded; 

Whereas  pigs  may  be  particularly  affected  by  stress  at  the  time  of  loading  and  unloading 
when  they  arc  transported; 

Whereas  recent  technical  developments  in  the  design  of  road  vehicles  for  carrying  livestock 
have  led  to  the  possibility  of  constructing  vehicles  with  much  improved  facilities  for  the 
transport  of pigs; 

Whereas,  moreover,  it may  be necessary  to allow  breeding  pigs to remain  separate  from  other 
pigs at staging  points  in order  to preserve  their special  health  status; 

Whereas  it  is  therefore  desirable,  subject  to  very  stringent  conditions,  to  provide  for  the 
possibility  of  pigs  being  rested,  i'cd and  watered,  and  cared  for  at  a  staging  point  without 
being  unloaded, 

HAS  ADOPTED  THIS  DECISION: 

Article 1 

The  Annex  to  Directive  91/628/EEC  is hereby  amended  in accordance  with  the  Annex  to  this 
Decision. 

Article 2 

1 

OJ  L 340,  11.12.1991,  p.  17. Directive  as  last  amended  by  Directive  95/29/EC  (OJ  L 
148, 30. 6.1995, p. 52). 
O JC 

1 

Phis Decision  shall  apply from  1 January  1999. 

This Decision  is addressed  to the Member States. 

Article 3 

Done at Brussels, 

For the Council 
The President 

In 

ANNEX 

Point  5 of Chapter  VII of the Annex to Directive  91/628/EEC  is replaced  by the  following: 

"5.  After  the  journey  time  laid  down,  animals  must  be  unloaded,  fed  and  watered  and  be 
rested  for  at  least  24 hours. 

However,  pigs  need  not  be  unloaded  if  the  staging  points  and  the  road  vehicles  which  carry 
the  animals,  fulfil,  and  are  operated  in  accordance  with  the  following  conditions,  in  addition 
to  compliance  with  the  requirements 
laid  down  in  point  3  of  this  Chapter  and  in  Council 
Regulation  (PC1)  No  41 l/()8  concerning  additional  standards  for  road  vehicles  used  for  the 
carriage  oflivestock  on journeys  exceeding  a duration  of eight  hours1: 

A. 

Vehicle  standards 

1. 

2. 

3. 

The space  available  to each  animal  in accordance  with  Chapter  VI  is  increased  by  not 
less than 40%. 

The  height  of  each  compartment  on  the  vehicle  in  which  pigs  remain  while  at  the 
staging  point  shall  not  be less than  150 cm. 

A ventilation  system  fulfilling  at  least  the requirements  of  Regulation  (EC) No  411/98 
as well  as the  following  specific  conditions: 
-  The  vehicle  shall  have  ventilation  equipment  with  a  capacity  to  replace  a  minimum 
of  150  nv1 of  air  per  hour  per  nr  floor  surface  throughout  the  vehicle  whether  or  not 
the  vehicle  is in  motion. 

-  Such  equipment  shall  be  maintained  in  good  working  order  and  shall  be  operated 
while  livestock  remain  on  the  vehicle  at  all  times  when  the  rate  of  air  replacement 
resulting  from  the  movement  of  the  vehicle  falls  below  that  laid  down  in  the  first 
indent,  it  shall  not  be  necessary  to  operate  the  ventilation  equipment  at  its  full 
capacity  where,  because  oflow  temperature,  that  would  be  harmful  to  the  comfort  or 
general  welfare  of  the  pigs.  However,  the  ventilation  system  shall  always  be 
operated  in  such  a  way  as  to  provide  adequate  fresh  air  to  the  animals  and  adequate 
evacuation  of  stale  air  and  gases.  Use  of  the  vehicle's  ventilation  equipment  shall 
not,  however,  be obligatory  when  it has stopped  at a place  where  constant  ventilation 
of equivalent  capacity  is provided  by external  equipment. 

-  The  ventilation  system  must  be  capable  of  operating  continuously  for  periods  of  at 

least 24  hours. 

-  The operation  of  the  ventilation  equipment  shall  be  independent  of the  engine  of  the 

vehicle. 

-  The  temperature 

in  each  compartment  and  the  outside 

temperature  shall  be 
monitored  and  the  results  displayed  in  the  driver's  cabin.  The  temperatures  recorded 
whilst  animals  are  on  the  vehicle  must  be  registered  as  a  retrievable  thermographic 
record.  Those  records  must  be  handed  to  the  person  in  charge  o\' the  staging  point 

OJ  L 52, 21.2.1998, p. 8. 

r 

before  the  lorry  leaves. They  must  be  held  by  the  manager  of  the  staging  point  at  the 
disposal  of the competent  authority  for at  least  three years. 

The ventilation  equipment  must  have an appropriate  alarm  system  to warn  of any  mal 
function. 

Where  the  temperature  in  any  compartment  falls  below  10°C  for  pigs  older  than  8 
months  and  15°C  for  pigs  under  that  age,  appropriate  heating  arrangements  must  be 
is  maintained  above  that  minimum. 
available 
Equipment  on  the  lorries  or  at  the  staging  point  shall  ensure  that  during  the  stay  of  the 
animals  at  the  staging  point  the  temperature  inside  the  vehicle  compartment  does  not 
exceed  20°  C. 

temperature 

to  ensure 

that 

the 

*f 

I he  vehicle  roof  shall  be  white  coloured.  If the  side  and  front  walls  are  made  of  light 
metal,  they  shall  either  be  of  cavity-wall  construction  with  a  gap  of  -0- 20  mm  or  be 
insulated  to an equivalent  thermal  coefficient. 

The  vehicle  must  be  designed  so  that  persons  responsible  for  the  examination,  care 
and  treatment  of  the  animals  are  able  to  have  direct  access  to  any  animal  without  the 
need  to  unload  it  from  the  vehicle. 

The  bedding  material  must  be  replenished  immediately  after  arrival  of  the  vehicle  at 
the  staging  point,  immediately  before  its  departure  and  at  any  time  where  it  becomes 
necessary  during  the  period  the  vehicle  is  at  the  staging  point  in  order  to  maintain 
adequate  absorption  and  dispersal  of animal  urine and  dung. 

The  vehicle  must  be  equipped  with  sufficient  feeding  facilities  to  ensure  that  all  pigs 
in  the  same  compartment  may  eat at the same  time. 

The  vehicle  must  be  connected  permanently  to a supply  of  fresh  potable  water  during 
its stay  at the staging  point  in order to allow the pigs to drink at any time. 

The  vehicle  and  the  staging  point  shall  be  equipped  in  such  a  way  that  adequate 
lighting  is available  in  each  compartment  of  the  vehicle  to  facilitate  examination,  care 
and  treatment  of  the animals  at any  time of the day  or  night. 

4. 

5. 

6. 

7. 

8. 

9. 

10. 

11. 

I\. 

Additional  staging  point  conditions 

1. 

2. 

On  arrival  at  the  staging  point  the  vehicle  must  be  parked  under  a structure  providing 
constant  shade  from  sunlight  and  shelter  of  the  animals  from  rain,  snow,  wind  and 
other  elements. 

The  staging  point  must  have  available  in  good  working  order  adequate  emergency 
equipment  for  use  in  the  case  of  a  breakdown  of  ventilation,  heating  and  lighting 
equipment  on vehicles. 

& 

3. 

4. 

The  flooring  oflhe  parking  place  must  be constructed  of concrete  or other  impervious 
material  which  is easy  to clean  and  has sufficient  drainage  installations  to  facilitate  the 
constant  evacuation  oflhe  waste escaping  from  the vehicle. 

The  record  referred  to  in  Article  5(h)  of  Council  Regulation  (EC)  No  1255/972  shall, 
in  substitution  for  the  requirement  in  point  C.7.(a)  of  Annex  I  to  that  Regulation, 
include  the  date  and  time  when  the  vehicle  is  accommodated  at  the  parking  place 
referred  to  in paragraph  3. 

C. 

General  Conditions 

Notwithstanding  the  provisions  in  A  and  B,  pigs  shall  be  unloaded  at  staging  points  if  an 
official  veterinarian  decides  that  this  is  necessary  for  veterinary  or  animal  welfare  reasons. 
Pigs  shall  also  be  unloaded  if  that  is necessary  in  order  to  safeguard  their  health  and  welfare 
in  the case  of an  accident,  outbreak  of  fire,  breakdown  of equipment  or similar  occurrence,  or 
if  it  proves  to  be  impossible  to  carry  out  any  mandatory  check  on  or  surveillance  of  them 
without  unloading." 

* i * « M M « M « B > W a M < N M M I M * | < ia 

Ml 

f*t,  2-7.19*7,^1. 

7 

ISSN 0254-1475 

COM(98) 478 final 

DOCUMENTS 

EN 

03  06 

Catalogue  number  :  CB-C0-98-486-EN-C 

ISBN  92-78-38540-9 

Office  for Official  Publications of the European Communities 

L-2985 Luxembourg 

X