European Parliament resolution on the Commission report 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 (COM(2000) 809 — C5-0189/2001 — 2001/2085(COS))
Date: 2001-11-13
Institutions: European Parliament
Subjects: animal welfare, length of journey, protection of animals, transport of animals, transport regulations, vehicle parts, veterinary inspection

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Tuesday 13 November 2001

11. Protection of animals during transport

A5-0347/2001

European Parliament resolution on the Commission report 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 (COM(2000) 809 . C5-0189/2001 . 2001/
2085(COS))

The European Parliament,

(cid:1) having regard to the report of

the Commission to the Council and the European Parliament

(COM(2000) 809 (cid:1) C5-0189/2001),

(cid:1) having regard to Directive 91/628/EEC of 19 November 1991 on the protection of animals during

transport (1), as last amended by Directive 95/29/EC (2),

(cid:1) having regard to the Council resolution of 19 June 2001 on the protection of animals during trans-

port (3),

(cid:1) having regard to Rule 47 (1) of its Rules of Procedure,

(cid:1) having regard to the report of the Committee on Agriculture and Rural Development and the opinion

of the Committee on the Environment, Public Health and Consumer Policy (A5-0347/2001),

A. whereas the transport of live animals over long distances and inadequate rules and inspections have
contributed to a sudden and dramatic spread of infectious animal diseases such as swine fever and
foot-and-mouth disease,

B. whereas the compulsory use of staging points on long-distance journeys has also been a contributory

factor,

C. whereas EU legislation is partly to blame for the closure of many smaller slaughterhouses, especially in
sparsely populated areas and whereas this has encouraged the long-distance transport of animals for
slaughter,

D. whereas the Directives concerning animal welfare for the long-distance transport of live animals are
repeatedly infringed, and whereas application of Member States’ monitoring policies is clearly inad-
equate in structural terms and the penalties policy applied does not have sufficient effect,

E. whereas, partly on the basis of the Commission report on the experience acquired with the transport
directive, it is clear that existing EU legislation has been transposed into national law by all Member
States but that compliance therewith is far from adequate,

F. whereas in the case of road transport, differences in statutory travelling and resting periods for ani-
mals and statutory driving and rest periods for drivers have not been conducive to compliance with
the legislation,

G. whereas the Council and the Commission have an obligation under the Protocol on animal welfare
annexed to the EC Treaty to take animal welfare into account when formulating and implementing the
common transport policy and in particular when laying down certain requirements relating to vehicles
used for the transport of animals,

H. whereas serious abuses repeatedly occur in the case of exports of live animals intended for slaughter in

countries outside the European Union,

(1) OJ L 340, 11.12.1991, p. 17.
(2) OJ L 148, 30.6.1995, p. 52.
(3) OJ C 273, 28.9.2001, p. 1.

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I. whereas in the case of imports of live animals, the welfare of such animals must be ensured in accord-

ance with European rules and the introduction of diseases must be prevented,

J. whereas there are major differences between Member States’ policies on the holding of livestock mar-
kets and the use of livestock collection centres and auctions, and whereas such differences pose a
threat to the free internal market,

I. Calls on the Council and the Commission to present proposals as soon as possible for amending exist-
ing rules on the transport of animals (cattle, sheep, goats, horses and pigs) and, at all events, to incorporate
the following amendments and implement measures concerning inspections:

1.
In the case of cattle, horses, goats, sheep and pigs not intended for specific breeding and/or sporting
purposes, transport should be limited to a maximum of eight hours’ duration, or a distance of 500 km;
in the case of transport operations exceeding four hours’ duration, or a distance of 250 km:

(cid:1) animals should have the use of a lying area and have access to fresh water;

(cid:1) the means of transport should have mechanical ventilation (irrespective of engine type), and the tem-

perature inside the means of transport must not fall below 5° C or exceed 30° C;

2.
For areas where there are no, or hardly any, slaughterhouses within a radius of 500 km, the Com-
mission may, on the basis of specific geographical circumstances, grant temporary dispensation as regards
the duration specified in paragraph 1 and the conditions in which transport takes place; the duration
specified in paragraph 1 may not, however, be increased by more than 50 %;

3. Where animals of the species referred to in paragraph 1 are intended for breeding and sporting
purposes (and are registered as such), travelling time of more than eight hours, or a distance of more
than 500 km, is permitted, subject to a maximum travelling time of 48 hours and the granting of prior
authorisation, provided that existing standards are adapted so that all animals have access to adequate lying
areas with clean litter and have individual access to sufficient fresh water and feed; in addition, the means
of transport should have mechanical ventilation (irrespective of engine type);

4.
The Council and the Commission have a duty to pay full regard to the welfare of animals during
transport, which is a legal obligation under the Treaty Protocol on Animal Welfare agreed at Amsterdam,
and to bring forward a report on how this duty is being fulfilled;

The Commission are to consult the Scientific Steering Committee in order to obtain the advice of

5.
scientific experts on the duration of animal transport;

6.
In the case of small islands and the associated transport by sea, the Commission should present
further proposals on the transport of animals in accordance with the requirement concerning the quality
of transport in the European Union; however, where animals transported by sea between small islands and
a reasonably nearby point on the mainland, or vice versa, are unloaded from the road vehicle and trans-
ported on board ship in straw-bedded pens with adequate drinking water, space and ventilation available,
such sea transport must not be included in the journey time calculations;

7.
The number of Food and Veterinary Office (FVO) inspections to verify implementation of the rules
by Member States is to be increased substantially, and the FVO is to appoint at least 15 inspectors by
1 January 2002;

8. Member States are to present a report every 12 months to the Commission on the inspections that
have been carried out, indicating in particular the frequency of the inspections, the nature of the short-
comings and infringements found and the penalties applied by the competent authorities;

The FVO is to present a detailed inspection report to the Commission and the European Parliament

9.
every year;

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10.
Directive 91/628/EEC (as amended by Directive 95/29/EC) is not being adequately enforced; points
out that Member States are required to enforce European legislation properly; draws attention to the fact
that it is the Commission’s task to ensure that the Member States comply with their obligations; calls for
compliance with the Directive and checks on its application;

Tuesday 13 November 2001

11.
Progress must be made with regard to the Treaty infringement proceedings against Member States
that have not yet complied with EU rules on the transport of animals or have not done so fully; the
Commission should report every year to the Council and the European Parliament and also send the
reports to the parliaments of the Member States; the reports should also cover the way in which EU
rules concerning the protection of animals during transport are complied with;

The Commission should, in addition to monitoring compliance with the Directives, draw up a
12.
policy plan indicating clearly how coordination and communication amongst Member States and between
Member States and the Commission can be improved;

The Member States should each produce within six months a management and control plan detail-
13.
ing the steps they intend to take to ensure effective enforcement of Directive 91/628/EEC (as amended by
Directive 95/29/EC) in respect of journeys which start in, pass through or finish in their territory;

14. Member States should strengthen their policies on penalties in respect of infringements by intro-
ducing deterrent fines and, in the case of repeated infringements, suspending authorisation for the trans-
port of animals; the Commission should present a proposal aimed at harmonising the policy on penalties
in the European Union as far as possible;

15. Member States should:

(cid:1) impose much more stringent penalties on transporters who contravene Directive 91/628/EEC

(as amended by Directive 95/29/EC);

(cid:1) require drivers to carry on the vehicle a copy of their, or their firm’s, authorisation;

(cid:1) suspend or withdraw a transporter’s authorisation in the event of serious or repeated infringements of

the Directive;

The Commission should present proposals by 1 January 2002 for a harmonised European model
16.
certificate for registered transporters and at the same time present a proposal for harmonising the route
plans required for long-distance transport according to a European model;

The Commission is to examine ways of promoting small, local abattoirs and mobile slaughterhouses

17.
in order to ensure that journey time to slaughter is minimised;

So as to limit the long-distance transport of live animals, the Commission should present a policy

18.
plan by 1 January 2003, indicating how regionalisation of the production chain can be achieved;

19.
The Commission should examine the quality of the transport of animals and to present specific
proposals for improving various aspects thereof, taking also into consideration aspects that are not men-
tioned in the evaluation report; specific proposals should be forwarded for harmonising travelling/driving
and resting/rest periods for animals and drivers for ensuring that cleaning and disinfecting facilities are
available after transport, for defining fitness for transport in the case of animals, for defining space and
temperature requirements during transport and for introducing truck certification and driver certification;

20.
The Commission should ensure that any driver and staff of a livestock road vehicle holds a certifi-
cate of professional competence recognised by one of the Member States confirming that he has completed
a training course for drivers of vehicles intended for the carriage of livestock, in conformity with Com-
munity rules on the minimum level of training for road transport drivers;

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21.
The Commission should end, as soon as possible, the payment of export refunds in respect of live
animals for slaughter and seek the establishment of binding international guidelines governing the treat-
ment of live animals during long-distance transport;

22. When live animals are imported, not only are veterinary checks on the animals to be carried out at
the EU border, but also checks to verify that the means of transport used comply with European loading
and welfare standards; if the livestock is not to be slaughtered within 24 hours, it is to be placed in
quarantine at destination for 30 days, during which time no livestock is to be removed;

In the case of imports of live animals, compliance with Community loading and welfare standards
23.
and rules on the duration of the transport of live animals should be proven at the EU border; if infringe-
ments are noted, or if compliance with the above standards and rules cannot be proven, it should not be
possible to import the live animals concerned into the European Union;

The Council should establish as a matter of urgency a common position on the Commission’s
24.
proposal to improve the construction and design of livestock vehicles (COM(1997) 336), bearing in mind
that considerable efforts have already been made in this field by individual Member States;

25.
The Commission should ensure that transporters from non-member countries operate with drivers
holding the appropriate EU licence to transport livestock and, if the driver does not hold such a licence,
that the cargo is handed over to a licence holder;

26.
The Member States should reject route plans which provide incomplete information or which show
that the provisions of Directive 91/628/EEC (as amended by Directive 95/29/EC) on journey times, resting
periods and watering and feeding are going to be contravened during the intended journey;

27. Member States of origin to carry out inspections and other controls should ensure that livestock
vehicles do not leave their territory when they:

(i)

are overcrowded,

(ii) are carrying unfit animals, or

(iii) do not comply with the additional standards laid down by Council Regulation (EC) No 411/98 (1) for

journeys exceeding eight hours;

28. Member States of transit or destination should adopt effective systems at places through which
animals regularly pass in the course of long journeys for checking that animals are being transported in
accordance with the route plan and the requirements of Directive 91/628/EEC (as amended by Directive
95/29/EC);

29. Member States of transit or destination should inform the Member State of origin of any serious
deficiencies which they find regarding route plans, vehicle standards or the health and welfare of the
animals with the purpose of enabling the Member State of origin to take steps to prevent future occur-
rences of such deficiencies;

Instructs its President to forward this resolution to the Council, the Commission and the parliaments

II.
of the Member States.

(1) OJ L 52, 21.2.1998, p. 8.