Report from the Commission to the Council and the European Parliament on the experience acquired by Member States since the implementation of Council Directive 95/29/EC amending Directive 91/628/EEC concerning the protection of animals during transport
Date: 2000-12-06
Institutions: European Commission
Subjects: animal welfare, length of journey, protection of animals, transport of animals, vehicle

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 6.12.2000
COM(2000) 809 final

REPORT FROM THE COMMISSION TO THE COUNCIL AND THE EUROPEAN
PARLIAMENT

on the experience acquired by Member States since the implementation of Council
Directive 95/29/EC amending Directive 91/628/EEC concerning the protection of
animals during transport

TABLE OF CONTENTS

REPORT FROM THE COMMISSION TO THE COUNCIL AND THE EUROPEAN
PARLIAMENT on the experience acquired by Member States since the implementation of
Council Directive 95/29/EC amending Directive 91/628/EEC concerning the protection of
animals during transport......................................................................................................... 1

SUMMARY........................................................................................................................... 4

1.

2.

BACKGROUND...................................................................................................... 6

MAIN FINDINGS.................................................................................................... 8

2.1.

2.2.

2.3.

2.4.

2.5.

2.6.

2.7.

2.8.

2.9.

Low level of priority given in certain Member States in implementing the
Directive..................................................................................................... 8

Difficulties in collecting inspection reports from Member States ................ 8

Transport of horses ..................................................................................... 9

Inadequate road vehicles ............................................................................. 9

Non compliance with route plans and travelling time limits ...................... 10

Negligence and poor handling of animals.................................................. 10

Animals unfit for transport........................................................................ 10

Insufficient ventilation on road vehicles used in long-distance transport ... 11

Overloading .............................................................................................. 11

2.10.

Approval of transporters ........................................................................... 11

2.11.

Problems of interpretation of the Directive................................................ 12

2.12.

New scientific research has been carried out in the field of transport of
animals ..................................................................................................... 12

3.

ACTIONS .............................................................................................................. 12

General ................................................................................................................. 12

3.1.

3.2.

3.3.

3.4.

3.5.

3.6.

Member States.......................................................................................... 12

Registration and certification of transporters ............................................. 13

Information exchange and mutual assistance............................................. 13

Application of Community rules to animals arriving from third countries . 13

Mandate to negotiate the revised European Convention ........................... 15

Transport of horses ................................................................................... 15

Technical................................................................................................................ 16

3.7.

Amend the route plan................................................................................ 16

2

3.8.

3.9.

Definition of unfit animals ........................................................................ 16

Health certificates ..................................................................................... 16

3.10.

Ventilation................................................................................................ 17

3.11. Member States inspection report ............................................................... 17

Longer term initiatives............................................................................................ 17

ANNEX ............................................................................................................................... 18

3

SUMMARY

Protection of animals during transport has always been one of the major areas of concern in
animal welfare. The first Community Directive in this area was adopted in 1977. Since then,
the Directive has been amended twice, the last time in 1995 by Council Directive 95/29/EC.
This latter Directive introduced several changes, including:

–

–

–

implementing the main
Transporters of animals were made responsible for
provisions of the Directive and had to be approved by competent authorities in the
Member States,

Loading densities were set for farm animals,

Journeys exceeding eight hours must be planned in accordance with specific
requirements of the Directive concerning vehicles and travelling times. A specific
procedure, the "route plan", was introduced in order to impose proper planning and
help verify the correct execution of long-distance journeys.

It also included an obligation for the Commission to submit a report to the Council on the
experience acquired by the Member States since the implementation of the directive. Three
sources of information have been used in drafting this report:

–

–

–

Member States inspection reports;

Food and Veterinary Office (FVO) inspection reports;

Complaints from Non Governmental Organisations (NGOs).

The main findings of the report are as follows:

Member States have difficulties in fully applying the Directive. The FVO reports point to the
low level of priority given by Member States in implementing the Directive.

Difficulties
harmonisation of the data transmitted limited their use.

in collecting inspection reports

from Member States

and insufficient

The transport of horses from Central and Eastern European Countries to the European Union
is a particular area of concern. Little long-term improvement has been secured.

From a technical point of view the main findings are the following:

–

–

–

–

–

Inadequate road vehicles;

Illegal route plans and non-compliance with travelling time limits;

Negligence and poor handling of animals;

Transport of unfit animals;

Insufficient ventilation on road vehicles;

4

–

–

Overloading;

Difficulties in checking the approval of transporters for animal transport.

Arising from these findings, the main areas where remedial action must be considered are as
follows:

Member States are primarily responsible for the day-to-day implementation of Community
legislation. They must allocate rapidly adequate resources to meet the objectives set up by the
Directive.

A harmonised certificate of registered transporters needs to be established in order to allow
rapid checks.

Specific procedures must also be set up with a view to facilitating checks by competent
authorities in particular in relation to the implementation of the route plan and appropriate
follow-up of violations.

Community rules apply once the animals have arrived on the territory of the Union. The
authorities in Central and East European countries should be called upon to ensure that their
transport operators are aware of their obligation to respect Community rules once they have
crossed the border of the Union. This role falls on the Commission which will also be
encouraging the countries concerned by the enlargement process to adopt regulations
compatible with current Community law.

The Community should become be a party to the European Convention for the Protection of
Animals during International Transport.

To address the specific problem of transported horses, unloading and fixed resting period of
horses passing through the border of the Union should become compulsory.

Technical amendments of the Directive are necessary and in particular in relation to route
plan, definition of animals unfit for transport, health certificates, ventilation standards for road
vehicles and Member States inspection reports.

Longer-term initiatives will be considered especially the need to update the scientific
knowledge presently available to the Commission. Several fundamentals of the Directive
should be evaluated on a scientific basis and notably data concerning travelling times and
loading densities. Reflection is also needed to improve the qualifications of the personnel
involved in animal transport. Measures to encourage the slaughter of animals closer to their
breeding place also merit examination.

5

1.

BACKGROUND

Transport is one of the most controversial areas of animal welfare and has always
been under particularly close public scrutiny. The first Directive on the protection of
animals during transport adopted in 19771 came just after the adoption of the first
Directive on the protection of animals in 19742. New legislation on the protection of
animals during transport was adopted in 1991 and in 1995.

Under Article 13(3) of Council Directive 91/628/EEC on the protection of animals
during transport, as amended by Council Directive 95/29/EC, the Commission is
required to submit a report to the Council on the experience acquired by the Member
States since the implementation of the amending Directive, possibly accompanied by
proposals. The objective of this report is to analyse the level of implementation by
Member States of the Community legislation concerning the protection of animals
during transport and to propose future actions. The report will focus on critical areas
where the situation could be improved in particular by modification of the existing
Community legal framework.

Article 2 of Council Directive 95/29/EC stipulates that Member States must bring
into force the laws, regulations and administrative provisions necessary to comply
with its provisions by 31 December 1996 at the latest (except for Chapter VII (3)).

Directive 95/29/EC also introduced significant innovations in the way the welfare of
animals in transport is controlled. It is therefore important to monitor the practical
implementation of these amendments.

One of the major elements of the amending Directive was to impose a set of
responsibilities on the transporter together with the obligation of approval by the
competent authorities of a Member State. Animal protection organisations
considered the approval of transporters as one of the most positive steps to make the
transporter accountable for possible infringements in this field and to clarify the
responsibility of Member States to take necessary enforcement action.

Directive 91/628/EEC defines loading densities for the most commonly transported
species (horses, cattle, sheep, goats, pigs and poultry). A maximum limit of eight
hours was introduced as a general rule for the transport of livestock. Extensions are
still permitted, provided that the transport takes place in upgraded vehicles under
specific conditions concerning watering and feeding intervals as well as resting
periods. Based on Directive 91/628/EEC, two Regulations have been introduced to
specify the standards for such vehicles as well as for staging points3.

1

2

3

Council Directive 77/489/EEC of 18 July 1977 – OJ 1977 L 200 p. 10.
Council Directive 74/577/EEC of 18 November 1974 on stunning of animals before slaughter –
OJ 1974 L 316 p. 10.
Council Regulation (EC) No 1255/97 of 25 June 1997 concerning Community criteria for staging points
and amending the route plan referred to in the Annex to Directive 91/628/EEC, OJ L 174, 02/07/1997,
p. 0001 - 0006.
Council Regulation (EC) No 411/98 of 16 February 1998 on additional animal protection standards
applicable to road vehicles use for the carriage of livestock on journeys exceeding eight hours, OJ L 52
p. 8-11.

6

the transporter must submit a "route plan" to the official
Before departure,
veterinarian describing all the "steps" of the journey (time of departure and arrival,
feeding and watering stops, stops at staging points, change of means of transport).

Three principal sources of information have been used to produce this report:

1) Member States' reports. Article 8 of the Directive required Member States to
submit an annual report to the Commission stating the number of inspections
carried out, including details of any reported infringements and the action taken
as a result by the competent authority. Article 2 of Council Directive 95/29/EC
provides a deadline for implementation of 31 December 1996. Data from
Member States used in the report thus relate to 1997 and 1998 (see Table 2).
This data was supplemented by valuable information from a working group of
the Standing Veterinary Committee set up on the issue of animal transport.

2)

3)

The Food and Veterinary Office inspection reports. The FVO is in charge of
checking the proper enforcement of Community legislation in this field. Since
the entry into force of Directive 95/29/EC, several inspections have been made
concerning the protection of animals during transport in Member States (see
Table 3).

the "EUROGROUP for Animal Welfare",

Formal complaints from Non Governmental Organisations (NGOs). The
Commission regularly receives complaints from NGOs for the protection of
animals. The main NGOs that communicated information to the Commission
on this issue were:
the "Royal
Society for the Prevention of Cruelty to Animals (RSPCA), the "Dutch Animal
Welfare Society" (NVBD), the "International League for the Protection of
Horses" (ILPH), the organisation "Animals' Angels", "Compassion In World
Farming" (CIWF) and Deutscher Tierschutzbund e. V." The European
Parliament and the general public have also repeatedly raised the issue of
welfare conditions in animal transport.

In addition, the Commission is always concerned to develop legislation based on
sound science. The Scientific Committee on Animal Health and Animal Welfare has
produced a report concerning the ventilation on road vehicles, which was adopted4
on 8 December 1999.

4

Standards for the Microclimate inside Animal Transport Road Vehicles - Report of the Scientific
Committee
1999)
SANCO/B3/AW/R13/1999.

and Animal Welfare

on Animal Health

8 December

(adopted

7

2.

MAIN FINDINGS5

2.1. Low level of priority given in certain Member States in implementing the

Directive.

The low level of priority given by the competent authorities of Member States
to the enforcement of the Directive is one of the most frequent comments
found in the FVO and NGO's reports.

It is often reported that Member States were not taking action to remedy the
deficiencies encountered in relation to the proper enforcement of the Directive.
This remark applies to several technical deficiencies mentioned below such as,
for example, approval of non-compliant route plans, no swift action taken in
case of transport of unfit animals or poor handling of animals. Transporters
operate in different Member States, within a fairly complex chain of transport,
and responsibilities among the different operators are often confused. This
situation leads
in applying penalties when
infringements are observed by the competent authorities of Member States.

to significant difficulties

It should be noted that infringement proceedings have been opened against
some Member States in relation to the failure to implement Community
legislation in relation to the protection of animals during transport.

2.2. Difficulties in collecting inspection reports from Member States

Although the Commission issued repeated reminders to Member States about
their duty to provide a report for 1997 and 1998, not all Member States have
sent information to the Commission (24 reports out of 30). Data have been sent
very late from some Member States and only 19 reports were actually available
on time to draft this report. No information was available from Greece,
although national implementing measures were adopted in 1997.

Delays in transposing the Directive could explain for some Member States the
absence of a report for 1997. Nevertheless, some Member States were able to
send some inspection data for 1997 without having fully transposed the
Directive on 1 January 1997 (Belgium, Germany, Spain, Denmark,
Luxembourg, Portugal, Finland, UK).

The reports are frequently incomplete and not harmonised with the result that
the Commission is not able to give a comprehensive view of the efforts at
enforcement made by the competent authorities of Member States. Insufficient
harmonisation of the data presented makes the comparison and use of them
limited in some instances. Data transmitted are not uniform and for this reason
cannot be used to generate valid statistical comparisons.

5

See tables 1 to 6 of the Annex for details.

8

2.3. Transport of horses

The transport of horses for slaughter from Central and Eastern Europe into
some Member States is a particular area of concern. Animals are travelling
long distances before reaching the territory of the European Union.

Since the opening up of Eastern Europe in the early 1990’s, approximately
140 000 live horses have been imported into the European Union annually for
slaughter, mainly by road. Poland, Baltic States, Hungary and Romania are the
main exporters and Italy is the main importer (more than 80%).

According to NGOs6 and as confirmed by the Commission,
laws in the
exporting or transit countries are inadequate to protect the welfare of these
horses during transport. As a result, horses reach the border of the Union
insufficiently rested, poorly watered and not fed. Vehicles are often not
appropriate for long- distance transport, overloaded and minimum welfare
requirements are disregarded.

NGOs also complain that inspections carried out at the border inspection posts
of the Union (in particular in Italy) where horses are in transit are insufficient
and animals are transported for several additional hours without any proper
rest, water, feed or veterinary treatment until they reach the final destination.

Again this seems to reflect the low level of priority given by officials to animal
welfare issues.

The FVO has made various recommendations to Member States authorities,
but little long-term improvement has been secured. In particular it has criticised
the lack of active enforcement by the Italian frontier veterinary authorities7.

2.4.

Inadequate road vehicles

The use of poorly designed, ill-maintained and dirty vehicles is commonly
reported by Member States and the FVO. The lack of cleanliness of a vehicle is
frequently reported by Member States and it also raises important animal
health concerns. Other deficiencies relate to roofs and walls in bad conditions,
sharps edges and tethering rings badly located on road vehicles. The FVO
reports stress that both the poor design and bad maintenance of the vehicles are
potentially dangerous for the transported animals (protruding objects, slippery
surfaces, absence of roof, holes and depressions in floors, etc.).

6

7

See "Dead on arrival, the transport of live horses in Europe", published by the Royal Society for the
Prevention of Cruelty to Animals and the International League for the Protection of Horses.
See FVO report DG(SANCO)/1067/1999-MR Final concerning the mission in Italy on border
inspection posts carried out 5-9 July 1999 and in particular the section 6.2.5 concerning the Border
Inspection Post of Gorizia.

9

2.5. Non compliance with route plans and travelling time limits

Non compliant route plans and insufficient resting time are not considered as
frequent deficiencies by Member States. By contrast,
the FVO missions
identify them as two of the major technical deficiencies. FVO reports indicate
that the competent authorities of the Member States are regularly approving
route plans that do not meet the requirements of the Directive (Germany,
Netherlands, France and Spain). Member States report difficulties in relation to
the proper use of route plans. This confirms the outcome of some FVO
inspection reports which indicate that the present layout of the route plan is not
considered functional for multi-leg journeys in intra-Community trade. The
necessity to perform precise calculations on the duration of a journey in order
to check if the route plan complies with the requirements of the Directive has
been reported as an area of concern for the competent authorities. In particular,
problems of interpretation are mentioned regarding the use of the route plan
when the journey is performed in different sections and with different means of
transport.

Insufficient checks of the route plans at departure to ensure that they comply
with the limits provided by the Directive allowed animals to be transported
over excessively long periods, with insufficient watering, feeding and rest.

2.6. Negligence and poor handling of animals

Evidence of poor handling and care of animals during transport is given in
Member State, FVO and NGO reports. Lack of sufficient watering equipment
for pigs has been reported. Absence of feed and litter has also been mentioned.
The excessive use of electric prods is reported by various countries. Mixing of
young animals with adults has been reported for cattle. The worst situations of
poor handling and straightforward cruelty to animals are reported in some
market places.

Improvement of handling methods is required. People directly dealing with
animals as well as official inspectors in charge of supervising the operations
need to be made more aware of the suffering of the animals and of their
responsibility to prevent it as the law requires.

2.7. Animals unfit for transport

Transport of unfit animals is a main finding both for Member States and the
FVO. Main causes identified are varying degrees of lameness (arthritis, old or
new break in limb), in particular for pigs, other injuries, advanced pregnancy
(horses, cattle) and horses "in poor health conditions". The FVO underlines the
need to find a more precise definition for pregnant and very young animals fit
to be transported.

10

2.8.

Insufficient ventilation on road vehicles used in long-distance transport

Improper ventilation inside the lorries is a matter to be addressed, since the
main traffic of livestock in Europe is taking place from northern to southern
Europe for almost all farm species (horses, cattle, sheep, pigs). The absence of
adequate ventilation for vehicles used in long-distance transport is considered a
serious problem by the FVO reports while the competent authorities of
Member States do not report problems on this particular aspect. NGOs have
reported serious problems for animal welfare in relation to lack of ventilation.

As previous incidents have proved, the overheating of animals in summer is
one of the major factors leading to suffering and mortality in long-distance
transport. Efficient ventilation and sufficient watering are critical factors to
ensure the welfare of animals during transport as are appropriate loading
densities.

2.9. Overloading

Overloading of animals often occurs but little data is available on the species
involved. Evidence of overloading is reported from FVO reports and NGOs, in
particular for pigs.

Overloading, in addition to being in itself an important cause of distress for the
is also one of the critical elements that contribute to increased
animals,
temperature and humidity within the compartment where animals are
transported and can lead to overheating. Again it is indicative of insufficient
control at the time of departure.

2.10. Approval of transporters

At present, transporters do not have the obligation to carry during transport and
to submit at any time on request of the competent authorities a document
providing evidence of their approval. Consequently the competent authorities
of Member States find it unnecessarily difficult to check in a proper and
efficient way if transporters are approved in accordance with Directive
91/628/EEC.

It also appears from data received that, when infringements by an approved
they are not
transporter are notified to the Member State of registration,
necessarily followed up while the competent authority which carried out the
inspection is not receiving any feedback on follow-up action.

information between Member States lower

Weaknesses in the Community rules on the approval of transporters and the
insufficient exchange of
the
effectiveness of inspections and the dissuasive effect of the imposition of
penalties. Authorities in Member States of origin of transporters may not even
be aware of all offences committed. As a result, transporters who are tempted
to disregard animal welfare probably tend to take a chance and neglect, on a
regular basis, Community provisions in this field. This also creates competitive
less able to compete with their
distortions, with "good" transporters
irresponsible competitors.

11

2.11. Problems of interpretation of the Directive

The following problems of interpretation concerning particular provisions of
the Chapter VII of the Annex to the Directive have been pointed out by
Member States, the FVO and NGOs:

–

–

–

paragraph 4 (a) concerning the definition of weaned animals8,

paragraph 4 (c) concerning the applicability of the route plan to
registered horses,

paragraph 7 (b) concerning the 12-hour rest period after a journey on
roll-on/roll-off vessels.

These provisions are not applied in a uniform manner within the Community
and these discrepancies are often detrimental to the welfare conditions of the
animals. As a consequence,
implementation of these requirements is not
effective in many Member States.

2.12. New scientific research has been carried out in the field of transport of

animals

Requirements of Chapter VII of the Annex to the Directive on travelling time
need to be reviewed in the light of research recently carried out in this field, for
example, on loading densities and the stress caused by loading and unloading.

Loading densities might also be reassessed taking into account the possible
revision of these data in the technical protocols of the revised European
Convention for the Protection of Animals during International Transport
(ETS 65).

3.

ACTIONS9

The Commission intends to start presenting proposals to improve the transport of
animals in the near future, if possible before the end of the year. In addition longer-
term initiatives will also be considered.

GENERAL

3.1. Member States

The correction of some important deficiencies reported primarily depends on
the attitudes and engagement of inspectors and persons dealing with the
animals. This is particularly the case concerning brutalities and improper care
and handling of animals. Checking the conformity of vehicles from a welfare
point of view as well as the verification of loading densities are two other areas

8

9

Maximum journey times are different for weaned and unweaned animals under the Directive.
See table 7 of the Annex, which establishes the correspondence between the main findings and the
actions to be taken by the Commission.

12

requiring active, professional monitoring under the responsibility of Member
States.

Member States must allocate in the near
future adequate resources to
informing, training and co-ordinating the actions of their field inspectors in
order to apply the current legislation more efficiently. Animal welfare issues
must be given high priority by professionals throughout the Community.

3.2. Registration and certification of transporters

The Directive does not provide for any harmonised procedure in relation to the
registration and the certification of the approved transporters.

The certificates of
registered transporters need to be established in a
harmonised format for the whole Union in order to allow rapid checks,
especially when deficiencies are observed in a different Member State than the
one where the transporter is registered. The certificate should in particular
include all relevant data concerning transporters,
the conditions of their
approval (scope and period of validity) as well as the details of the competent
authority responsible for approval.

3.3.

Information exchange and mutual assistance

A proper exchange of information between competent authorities of Member
States is essential for the enforcement of Directive 91/628/EEC.

The Directive recalls the necessity for Member States to cooperate in particular
with a view to facilitating the proper checks in relation to the registration of
approved transporters and the use of the route plan. Taking into account that
the most delicate situations occur during long-distance journeys where
different Member States are involved, specific procedures must be established
in order to facilitate checks by competent authorities in the State of origin in
relation to the proper completion of the journey as scheduled in the route plan
as well as appropriate follow-up of violations, particularly by persistent
offenders.

3.4. Application of Community rules to animals arriving from third countries

Long-distance journeys frequently start in Central and Eastern Europe and
animals are at present reaching the border of the Union after having travelled
for long periods of time.

13

However,

there is no doubt

Enforcement in such cases frequently appears to be lacking in rigour due to
some confusion as to the legal possibility for competent authorities to insist on
compliance with Community rules.
that
Community rules apply once the animals have arrived on the territory of a
Member State. Member States are required to prohibit transport which does not
meet the requirements of the Directive. The intention of the Directive was to
try to prevent animal's suffering during their entire journey, but it is beyond
doubt that Member States should take measures to prevent animal's suffering
on their territory, even if that suffering had its origin in events taking place in
third countries. Member States' competent authorities normally have the means
to establish the conditions under which the animals were transported prior to
arrival at Community frontiers, including the documentation accompanying
consignments notably veterinary and customs papers as well as the tachograph
disc of vehicles. This evidence may be relevant to determining the welfare of
animals.

The Community rules should be applied with regard to factors having their
origin on the journey to the territory of the European Union provided that these
factors continue to exist. In such circumstances an infringement may be
committed and ascertained on the territory of the Union. A transporter is not
being held responsible for the transport that occurred earlier in a third country
but for transporting an animal on Community territory in violation of the
conditions required by the Directive and so causing the animal to suffer at that
time. Moreover, the Directive ensures that importers and exporters are aware of
Community requirements in this respect by specifying that importation, transit
and transport into and through the Community shall only be authorised where a
written undertaking has been given to comply with them and appropriate
arrangements made (Article 11, par. 2).

In an attempt to improve the welfare conditions of animals arriving at the
Union’s external frontiers, the Commission intends to work with the competent
authorities of Central and Eastern European countries and seek to persuade
them to apply requirements equivalent
to those of the Community. The
question of long distance transport of animals and in particular horses has been
discussed with the Heads of the Veterinary Services of the Central and East
European countries which are in the process of negotiating accession to the
Union. On the bases of the outcome of that discussion a protocol for the
protection of horses during transport has been agreed. In this framework the
TAIEX Office (Technical Assistance Information Exchange Office) has
developed programs of awareness on animal welfare issues for the general
public and in particular for official veterinarians of these countries. Particular
attention has been drawn to the question of the protection of animals during
transport. It is the intention of TAIEX to continue such programs.

14

Furthermore, in the context of the discussions that will now be intensifying on
veterinary matters in the context of enlargement, the Commission will be
encouraging the countries concerned to adopt and implement regulations that
are compatible with current Community law. This will ensure that transporters
regulatory
and competent authorities will be operating in a coherent
environment as soon as possible or even before the formal accession date. This
will both facilitate transport operations and ensure a high level of respect for
animal welfare within the Union and on the territory of its neighbours.

3.5. Mandate to negotiate the revised European Convention

For this reason also, the Community should also be a party to the European
Convention for the Protection of Animals during International Transport (ETS-
65). The negotiations for participation should have the aim of obtaining wider
acceptance of the Community principles related to the protection of animals
during transport.

The Commission has already submitted to the Council a draft recommendation
authorising the Commission to negotiate on behalf of
the European
Community the revised European Convention for the Protection of Animals
during International Transport (documents SEC(2000) 649 and 764). The
Commission calls on the Member States to agree to its adoption as soon as
possible.

3.6. Transport of horses

Additional measures for the protection of horses during transport.

Given the gravity and frequency of the problems currently arising as mentioned
in paragraph 2.3 of this report, additional measures will be provided to improve
the conditions of horses transported for slaughter.

To secure the welfare of live horses they should be transported only in
individual stalls or boxes designed to protect them against jolts.

The maximum number of horses to be transported per road vehicle should also
be defined on the basis of scientific evidence.

In line with the general principles in the report of the Scientific Committee on
Animal Health and Animal Welfare on "Standards for the Microclimate inside
animal transport road vehicles" adopted 8th December 1999 adult horses will
be transported only when temperatures are between 0/30°C with a humidity
of <80%.

In relation to the solipeds passing through the external frontier of the Union a
mandatory unloading and a fixed resting period (minimum 24 hours) at the
border inspection post should be introduced, where this is justified to ensure
that the animals are fit to travel.

15

Derogation from such a requirement might only be granted when transporters
can provide to the competent authorities of the border
inspection post
concerned sufficient evidence that:

–

–

the animals have been transported from their place of departure to the
border inspection post in accordance with conditions equivalent to those
set out in Directive 91/628/EC and;

taking into account the overall journey, there would be no obligation to
unload the animals in order to comply with the provisions of the
Directive.

TECHNICAL

3.7. Amend the route plan

The format of the route plan should take into account the complex chain of
transport and be clear enough to prevent
the approval of non-compliant
documents. Similarly the document should be developed in order to identify
easily the responsibility for each stage of the journey and resting periods.
Procedures to check the document after completion of the journey should be
improved in order to inform the competent authority of the place of departure.

The possibility to amend the route plan format by the Commission via the
Standing Veterinary Committee
future
improvements in the light of experience.

procedure, would

facilitate

3.8. Definition of unfit animals

With certain categories of animals being at particular risk of suffering during
transport, a more precise definition of animals unfit for transport must be
established. No pregnant animals should be transported before the date
foreseen for giving birth for a period at least equal to 10% of the length of
gestation. Nor should transport be permitted for at least one week after giving
birth.

In the same context, as the Directive is providing stricter maximum journey
times for unweaned animals, a detailed definition of such animals in relation to
the different species should be provided.

3.9. Health certificates

Animal health certificates used for intra-Community trade must be modified in
order to draw the attention of the veterinarians in charge of the certification to
their responsibilities concerning the protection of animals during transport10.

10

Article 6 (2) of the Directive already provides that "The certificates or documents referred to in
Article 3 of Directive 90/425/EEC shall be supplemented in accordance with the procedure laid down
in Article 17, in order to take account of the requirements of this Directive."

16

3.10. Ventilation

To solve the problems of extreme climatic conditions experienced by animals
during long journeys (in particular form Northern to Southern Europe), lorries
will have to be equipped with a monitoring device for the temperature and the
humidity inside the compartment where animals are transported. The
Commission will put forward a proposal to the Council11 on this matter based
on the report adopted in December 1999 by the Scientific Committee on
Animal Health and Animal Welfare.

3.11. Member States inspection report

Member States' inspection reports as required by Article 8 of the Directive will
be harmonised in order in improve the quality of information available. This
will also be extended to include additional details (such as withdrawal of
approvals of transporters for infringements).

LONGER TERM INITIATIVES

Provisions of the Directive in relation to the travelling time limits and resting periods for
transport in roll-on-roll-off vessels have raised difficulties of implementation and specific
measures need to be taken to address this problem. However scientific advice is necessary to
establish standards for the future.

Similarly scientific advice needs to be taken into consideration to clarify difficulties of
interpretation of the Chapter VII of the Annex to the Directive on travelling times. Also a
number of scientific research projects have been carried out recently notably on loading
densities and stress related to loading and unloading operations. The view of the Scientific
Committee on Animal Health and Animal Welfare will be sought on all these questions.
Reflection is also needed on whether further improvement in the regulatory framework is
needed, for example, to improve the training and qualifications of different categories of
personnel involved in animal transport. Measures to encourage the slaughter of animals
closer to the places where they are raised also merit examination. The Commission intends to
explore those and any other possibilities for improvement with experts from the Member
States and sectors concerned.

11

Amending the Annex to Council Regulation (EC) No 411/98 on additional animal protection standards
applicable to road vehicles use for the carriage of livestock on journeys exceeding eight hours (OJ L 52
p. 8-11).

17

TABLE 1 - LIST OF NATIONAL IMPLEMENTING MEASURES

ANNEX

Member
State

List of national implementing measures

Latest date

Sweden

Statens jordbruksverks föreskrifter om transport av levande djur, Statens jordbruksverks författningssamling (SJVFS)
1996:105

1996

Netherlands

Regeling van de Minister van Landbouw, Natuurbeheer en Visserij van 23/12/1996 (Wijziging Regeling dierenvervoer,
Regeling vaststelling bescheiden dierenvervoer en Regeling handel levende dieren en levende produkten, Staatscourant
van 30/12/1996, nr. 250, bl. 19

Ireland

United
Kingdom

Belgium

Spain

Denmark

Greece
Austria

Luxembourg

Portugal

Finland

Italy

Germany

France

1.

1.

2.

1.
2.

Besluit van 08/11/1996 houdende wijziging van het besluit dierenvervoer 1994 van 08/11/1996, Staatsblad 1996,
nr. 561
The Diseases of Animals (Protection of Animals during Transport) Order, 1995, Statutory Instruments number 98 of
1995
The Diseases of Animals (Protection of Animals during Transport) (Amendment) Order, 1997, Statutory Instruments
number 326 of 1997
The Welfare of Animals (Transport) Order 1997, Statutory Instruments number 1480 of 1997
The Welfare of Animals (Transport) Order (Northern Ireland) 1997, Statutory Rules of Northern Ireland number 346
of 1997

Arrêté royal du 20/12/1996 relatif à la protection des animaux pendant le transport - Koninklijk besluit van 20/12/1996
betreffende de bescherming van dieren tijdeur het vervoer, Moniteur belge du 13/03/1997 Page 5910
Remplacé par l'Arrêté royal du 9/7/99 relatif aux conditions d'enregistrement des transporteurs et d'agrément des
négociants, des points d'arrêts et des centres de rassemblements (moniteur belge du 2/9/99)
Real Decreto número 1041/97 de 27/06/1997, por el que se establecen las normas relativas a la protección de los animales
durante su transporte, Boletín Oficial del Estado número 163 de 09/07/1997 Página 21093 (Marginal 15192)
Bekendtgørelse nr. 201 af 16. april 1993 om beskyttelse af dyr inder transport som ændret ved bekendtgørelse nr. 810 af
29. oktober 1997.
Décret présidentiel numéro 344 du 11/11/1997, FEK A numéro 233 du 25/11/1997 Page 8161
1.

Verordnung des Bundesministers für Wissenschaft, Verkehr und Kunst über die Ausstattung und Beschaffenheit von
Tiertransportfahrzeugen und –behältnissen (Tiertransportmittelverordnung- TG-TV) , Bundesgesetzblatt für die
Republik Österreich, Nr. 679/1996, ausgegeben am 06/12/1996
Veterinärbehördliche Einfuhr- und Binnenmarktverordnung 1996, Bundesgesetzblatt für die Republik Österreich,
Nr. 647/1996
Tiertransportgesetz-Luft, Bundesgesetzblatt für die Republik Österreich, Nr. 152/1996
Bundesgesetz über den Transport von Tieren auf der Eisenbahn (Tiertransportgesetz-Eisenbahn - TGEisb) ,
Bundesgesetzblatt für die Republik Österreich, Nr. 43/1998 ausgegeben am 27/02/1998
Bundesgesetz über den Transport von Tieren auf der Straße (Tiertransportgesetz-Straße - TGSt), BGBl. Nr.
411/1994, in der Fassung BGBl. I Nr. 134/1999

2.

3.
4.

5.

Eläinsuojelulaki (247/1996)
Asetus eläinten kuljetuksesta (491/1996)

Règlement grand-ducal du 22/06/1998 relatif à la protection des animaux en cours de transport, Mémorial A Numéro 59
du 29/07/1998 Page 1020
Decreto-lei n.° 294/98 de 28/09/1998. Estabelece as normas relativas à protecção dos animais durante o transporte e
revoga o Decreto n° 153/94, de 28 de maio, e a Portaria n° 160/95, de 27 de Fevereiro, Diário da República I Série A n.°
216 de 18/09/1998 Página 4838
1.
2.
3. Maa- ja metsätalousministeriön päätös eläinten kuljetukselle asetettavista eläinsuojeluvaatimuksista (27/EEO/1996)
4.
Djurskyddslag (95/98) 29/09/1998, Ålands författningssamling
Decreto legislativo del 20/10/1998 n. 388, attuazione della direttiva 95/29/CE in materia di protezione degli animali
durante il trasporto, Gazzetta Ufficiale – Serie generale - del 09/11/1998 n. 262 pag. 4
1.

Djurtransportsförordning (97/98) 29/09/1998, Ålands författningssamling

Verordnung zum Schutz von Tieren beim Transport (Tierschutztransportverordnung - TierSchTrV) vom 25/02/1997,
Bundesgesetzblatt Teil I vom 28/02/1997 Seite 348
Erste Verordnung zur Änderung der Tierschutztransportverordnung vom 23/02/1999, Bundesgesetzblatt Teil I vom
26/02/1999
Bekanntmachung der Neufassung des Tierschutzgesetzes vom 17/02/1993, Bundesgesetzblatt Teil I vom 23/02/1993
Seite 254
Bekanntmachung vom 02/12/1996, Bundesanzeiger N° 81a vom 30/04/1997
Bekanntmachung vom 02/12/1996, Bundesanzeiger N° 80a vom 2/09
Verordnung vom 25/02/1997, Bundesgesetzblatt N° 12 vom 28/02/97
Arrêté ministériel du 05/11/1996 relatif à la protection des animaux en cours de transport, Journal Officiel du
23/11/1996 Page 17098
Décret Numéro 95-1285 du 13/12/1995 relatif à la protection des animaux en cours de transport, Journal Officiel du
15/12/1995 Page 18237
Loi numéro 99/5 du 06/01/1999 relative aux animaux dangereux et errants et à la protection des animaux, Journal
Officiel du 07/01/1999 Page 327
Décret 99-961 et arrêté ministériel du 24 novembre 1999 modifiant l'arrêté du 5 novembre 1996 relatif à la
protection des animaux en cours de transport (JORF du 25 novembre 1999 p17495-17500)

2.

3.

4.
5.
6.
1.

2.

3.

4.

1996 December

1997 July

1997

1997 March

1997 July

1997 October

1997 November
1998 February

1998 July

1998 September

1998 September

1998 November

1999 February

1999 November

18

1
TABLE 2 - LIST OF MEMBER STATES' INSPECTION REPORTS

Member States

Year of the report

1997

1998

A Austria

B Belgium

D Germany

DK Denmark

E Spain

EL Greece

F France

FIN Finland

I Italy

IRL Ireland

L Luxembourg

NL Netherlands

P Portugal

S Sweden

UK United Kingdom

+

+

+

+

+

-

-

+

-

+

+

+

+

+

+

+

-

+

+

+

-

+

+

+

+

+

+

-

+

+

Total

12

12

1

Reports from Austria (1997 and 1998), the Netherlands (1998) and Ireland (1997 and 1998) were
received too late to be fully included in this report (received in March 2000).

19

TABLE 3 - LIST OF FVO INSPECTION REPORTS

Since 1 January 1997

Member States
inspected by FVO

A Austria

B Belgium

D Germany

DK Denmark

E Spain

EL Greece

F France

FIN Finland

I Italy

IRL Ireland

L Luxembourg

NL Netherlands

P Portugal

S Sweden

UK United Kingdom

Total

Dates of the FVO missions

No mission

13-18 September 1998

21-23 March 1999 (Report not available in English)

5-8 October 1999 (Staging points)

No mission

8-12 December 1997

12-16 October 1998

26 April to 1 May 1998

2-5 November 1999 (Staging points)

No mission

5-9 July 1999

10-11 November 1998 and 16-19 February- 7 and 16 March
1999

No mission

No mission

November 1999

No mission

No mission

9 missions / 8 countries

20

TABLE 4 - FINDINGS OF THE MEMBER STATES' REPORTS

MEMBER STATE

B DK D E L NL P
FIN S UK

DK D E F L F I
FIN S

19

YEAR

1997

1998

TOTAL

Points of non conformity

Fitness of animals for transport (Art.3(b)
Chap. I A1)

and (c), Annex

Loading
Chap. VI)

densities

(Art.3(1)(aa)

, Annex Chap. I 2 a,

Ventilation (Annex Chap. I A 2 b)

Design and maintenance of the means of transport (Annexe
Chap. I A 2 c et A 5)

Separation of animals (Annex Chap. I A 2 g and A 3)

Absence or non conformity of
(2)(b)(c), (d) (e))

the route plan (Art. 5A

Duration of
Annex 8 Chap. VII )

transport and rest

(Art. 5A(2)(f)(g)(h) and

Loading –unloading (Annex Chap. I A 4)

Care and handling of animals (Annex Chap. I A 6, 7, 8,)

Others

COMMENTS

(2) Vehicles needed cleaning.

(3) Non approved transporter, lack of training.

5

6

2

3

3

3

1

2

5

1

5

6

2

6

5

4

3

1

8

2

10

12

4

9 (2)

8

7

4

3

13

3 (3)

21

TABLE 5 - FINDINGS OF FVO REPORTS

MEMBER STATES

B , F, E, EL, I, IRL, P, D

Total number of reports examined

9

Points of non-conformity

Member States
involved

Fitness of animals
Chap. I A1)

fortransport (Art.3(b) and (c), Annex

Mentioned 4 times

B, I, E (1), F (2)

Loading densities (Art.3(1)(aa), Annex Chap. I 2 a, Chap. VI)

Mentioned (9)

P

Ventilation (Annex Chap. I A 2 b)

Mentioned 5 times (3)

E, I, IRL, F, P

Design and maintenance of the means of transport (Annex
Chap. I A 2 c and A 5)

Mentioned 7 times (4)

B, E, EL, IRL, F, P

Separation of animals (Annex Chap. I A 2 g and A 3)

or
Absence
(Art. 5A(2)(b)(c)(d) (e))

non

conformity

of

the

route

plan

Mentioned 6 times (5)

B, IRL, E, EL, F

Duration of transport and rest (art. 5A(2)(f)(g)(h) and Annex
Chap. VII )

Mentioned 6 times

I, E, EL, F, D

Loading – unloading (Annex Chap. I A 4)

Mentioned 4 times

B, IRL, F, P

Care and handling of animals (Annex Chap. I A 6, 7, 8,)

Mentioned 5 times (6)

B, E, I, F, P

Others

Mentioned 5 times (7)

I, IRL, F, P, D

Deficiencies of the competent authority

Mentioned 7 times (8)

B, E, EL, F, I, IRL

COMMENTS

(1) This problem was noticed in E but concerned animals coming from F and NL.

(2) This problem was reported in F but concerned animals coming from D and NL.

(3) Lack of forced ventilation on lorries to be used for long journeys during summer.

(4) Road transport vehicles are often identified as potentially dangerous to transported animals and poorly cleaned.

(5) Deficiencies of route plans involve also D, NL, E and F as countries of departure.

(6) Most frequently the absence of watering and feeding but also beating and excessive use of electric prods in one case, lack

of bedding.

(7) Nonapproved transporters in particular (I, P), Documents not checked properly at staging points and poor record keeping.

(8) Insufficient involvement of competent authorities, lack of resources and unwillingness to penalise breaches of the

Directive are commonly mentioned. Little improvement noted where a previous inspection has been made.

(9) Pigs.

22

2
TABLE 6 - FINDINGS OF NGO REPORTS AND COMPLAINTS

Points of non-conformity

Member States
involved

Fitness of animals
Chap. I A1)

for transport (Art.3(b) and (c), Annex

Loading densities (Art.3(aa), Annex Chap. I 2 a, Chap. VI)

Mentioned 3 times (2)

NL, I, L

Ventilation (Annex Chap. I A 2 b)

Mentioned (2)

NL, I

Design and maintenance of the means of transport (Annex
Chap. I A 2 c and A 5)

Separation of animals (Annex Chap. I A 2 g and A 3)

Absence
or
(Art. 5A(2)(b)(c)(d) (e))

non-conformity

of

the

route

plan

Mentioned 3 times (2) (3)

NL, I, L, F, UK

Duration of transport and rest (Art. 5A(2)(f)(g)(h) and Annex
Chap. VII )

Mentioned 7 times (1) (3) (4)

I, F, UK, E, EL

Loading – unloading (Annex Chap. I A 4)

Care and handling of animals (Annex Chap. I A 6, 7, 8,)

Mentioned 7 times (1) (2)

I, NL, E, I

Others

COMMENTS

(1) Horses.

(2) Pigs.

(3) Turkeys.

(4) Sheep.

2

Based on eleven trails reported in the Eurogroup document onfor Animal Welfare document : "A
Summary of Suffering, An investigation into the poor enforcement of Directive 95/29 on the welfare of
animals in transport".

23

24

N°

1

2

3

4

5

6

7

8

9

TABLE 7 - CORRESPONDENCE TABLE

MAIN FINDINGS

ACTIONS FROM THE COMMISSION

Transport of horses

• Additional requirements for the transport based on scientific
evidences
individual
compartments, maximum number of animals per vehicle,
minimum and maximum temperature for transport.

experience

current

and

as:

• Non compliance of route plans
• Non compliance with travelling time

limits

• Mandatory unloading, resting, feeding and watering of the

animals at the border inspection posts of the Union.

• Amend the route plan - Standing Veterinary Committee

procedure to introduce future amendments.
• Mutual assistance - harmonised enforcement

Negligence and poor handling of animals

Harmonised certification of transporter

Animals unfit for transport

Detailed definition of unfit animals

Inadequate road vehicles

Health certificates
• Harmonised certification of transporter
• Mutual assistance

Insufficient ventilation on road vehicles
used for long-distance transport

New standards for ventilation and temperatures inside vehicles

Overloading

• Mutual assistance - harmonised enforcement
• Harmonised certification of transporter

Approval of transporters

Harmonised certification of transporter

Difficulties
Member States inspection reports

interpreting

in

data

from

Harmonised tables
Commission of the data derived from the inspections.

annual

the

for

transmission to the

25