Proposal for a Council Regulation on the protection of animals during transport and related operations and amending Directives 64/432/EEC and 93/119/EEC
Date: 2003-07-16
Institutions: European Commission
Subjects: animal welfare, health certificate, protection of animals, transport of animals, veterinary inspection

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 5.9.2003
COM(2003) 425 final/3

2003/0171 (CNS)

CORRIGENDUM
Annule et remplace la version complète
du document COM(2003) 425 final/2 du 29.7.2003
Concerne uniquement la version anglaise.

COMMUNICATION FROM THE COMMISSION
TO THE COUNCIL AND THE EUROPEAN PARLIAMENT

on the protection of animals during transport

Proposal for a

COUNCIL REGULATION

on the protection of animals during transport and related operations

amending Directives 64/432/EEC and 93/119/EC

and

(presented by the Commission)

COMMUNICATION FROM THE COMMISSION TO THE COUNCIL AND THE
EUROPEAN PARLIAMENT

on the protection of animals during transport

1.

BACKGROUND

Transport is the most controversial area of animal welfare. The first directive on the
protection of animals during transport was adopted in 1977. Today Council Directive
91/628/EEC1  amended  by  Directive  95/29/EC2  constitutes  the  current  Community
legislative framework.

In  December  2000  the  Commission  adopted  a  report3  to  the  Council  and  the
European  Parliament  on  the  experience  acquired  by  Member  States  since  the
implementation of Directive 95/29/EC.

The report was presented at the Agriculture Council that in June 2001 supported the
outcome  in  the  form  of  a  specific  resolution4.  In  November  2001  the  European
Parliament adopted a resolution5 on this report.

In autumn 2002 the Commission conducted a wide consultation process including a
meeting  with  the  major  stakeholders  and  a  web  public  consultation  that  both
supported the main lines of actions contained in this proposal.

The  Commission  report  recommended  actions  to  be  taken  some  of  which  have
already been initiated (see table 1). However most of the recommendations can only
be addressed through amendments of the current legislation.

Furthermore, it should also be kept in mind that the road transport industry is subject
to  a  set  of  Community  regulations6  harmonising  certain  aspects  of  the  social
legislation and in particular driving and resting sequences for drivers.

1

2

3

4

5

6

OJ L 340, 11.12.1991, p. 17.
OJ L 148, 30.6.1995, p. 52.
COM(2000) 809 final adopted on 6 December 2000.
Council resolution of 19 June 2001 on the protection of animals during transport (OJ C 273, 28.9.2001,
p. 1).
European  Parliament  resolution  of  13  November  2001  on  the  Commission  report  on  the  experience
acquired  by  the  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)) – A5-0347/2001.
Council regulation (EEC) No 3820/85 (OJ L 370, 31.12.1985, p. 1) and Council Regulation (EEC) No
3821/85  (OJ  L  370, 31.12.1985,  p. 8)  as  last  amended  by  Council  Regulation  (EC)  No  2135/98  (OJ 
L 274, 9.10.1998, p. 1).

2

                                                
Table 1- Actions taken by the Commission on the protection
of animals during transport (2000/2001)

Objective

Means

Action of the Commission

promote 

To 
Community
welfare  standards  on  animal
transport internationally

To  prevent  the  transport  of
injured or sick animals

improve 

To 
the  ventilation
standards  of  the  vehicles  used
for long distance journeys

To reinforce the conditions and
controls  under  which  exports
subsidies  for  live  animals  can
be granted

the 

negotiate 

To 
revised
European  Convention  for  the
Protection  of  Animals  during
Transport (ETS-65)

amend 

To 
certificates 
Community trade of livestock

veterinary
intra-

for 

Amendment 
Regulation (EC) N°411/98

of 

Council

Draft  recommendation  for  a
Council  Decision  authorising
the Commission to negotiate on
behalf  of  the  Community  the
revised  European  Convention
for  the  protection  of  animals
during  international 
transport
(SEC(2000)  649)  of  April
20007.

Commission 
Decision
2001/298/EC8  of  30  March
2001.

Proposal COM (2001) 197 of 9
April 2001.

Amendment  of  Commission
Regulation (EC) No 615/98

Commission  Regulation  (EC)
No 639/2003 of 9 April 20039

The new elements derived from the report for future legislation are the following:

– 

– 

– 

– 

– 

– 

To establish a harmonised format for the transporters’ authorisation;

To set up specific procedures with a view to facilitating checks and appropriate
follow-up of violations;

To  introduce  detailed  definition  of  animals  unfit  for  transport  and  Member
States inspection reports;

To establish specific measures for the transport of horses;

To improve the qualifications of the personnel handling animals;

To reconsider on scientific basis several fundamentals of the directive.

7

8

9

In October 2001 the Commission received the mandate from the Council.
OJ L 102, 12.4.2001, p. 63.
OJ L 93,10.4.2003, p. 10.

3

                                                
Meanwhile  the  foot  and  mouth  disease  outbreaks  in  the  Community  in  2001
indicated that the transport of animals played a role in the spreading of the disease.
Data demonstrated that some outbreaks were linked to the use of a staging point. As
a  consequence  the  Commission  took  temporary  measures  to  restrict  their  use.  In
addition the Commission proposed a number of amendments to the relevant Council
legislation10  to  reinforce  animal  health  requirements  for  the  use  of  staging  points.
These amendments have been adopted in June 200311. Moreover it should be taken
into  account  that  the  expansion  of  the  internal  market  to  Central  and  Eastern
European States will create new prospects for the transport of animals.

2.

THE STAKEHOLDERS' CONSULTATIONS

The Commission organised consultations with stakeholders in two ways:

(a)

a meeting with the major organisations on 20 November 2002,

(b)

a web consultation from 2 to 15 December 2002 for the wider public.

Both  consultations  were  a  clear  success.  It  demonstrates  the  strong  interest  of  the
wide public on animal welfare (more than 4000 replies).

The  web  consultation  indicated  that  there  was  an  overwhelming  majority  to  fully
support  (from  50  to  84%)  all  the  measures  proposed  by  the  Commission.  The
detailed description of the outcome of the consultation is available on the web site of
Directorate General for Health and Consumer Protection12.

There was a general acceptance of the need for improvement on the question and an
overall support for a Commission initiative in this field. All stakeholders recognised
the link between animal welfare, food safety and animal health issues.

Animal  welfare  organisations  advocated  for  an  overall  limit  of  8  hours  for  non-
breeding animals  mainly because they believed  that this  was  easy  to  enforce.  They
also  considered  that  official  authorities  should  focus  their  inspections  on  long
distance journeys and livestock markets.

3.

THE COMMISSION PROPOSAL

The proposal from the Commission repeals all existing Community laws in relation
to the protection of animals during transport. It also incorporates the requirements of
the  Commission  proposal  for  a  Council  Regulation  amending  Regulation  (EC)  No
411/98 as regards ventilation in road vehicles carrying livestock on long journeys13.

10

11

12

13

Proposal for a Council Regulation amending Council Regulation (EC) No 1255/97 as regards the use of
staging points, COM (2002) 414 final adopted on 19 June 2002.
Council  Regulation  (EC)  No  1040/2003  of  11  June  2003  amending  Regulation  (EC)  No  1255/97  as
regards the use of staging points (OJ L 151, 19.6.2003, p. 21).
See: http://europa.eu.int/yourvoice/results/240/index_en.htm
See above, Table 1.

4

                                                
The  process  of  revision  has  been  developed  following  the  recommendations  of  the
Scientific Committee on Animal Health and Animal Welfare and by close scrutiny of
the economic impact of the proposed measures. The proposal takes also into account
the outcome of the stakeholders’ consultation.

Furthermore in recent years, livestock markets have been proved to be an area where
rules to protect the animals are necessary. Similarly, welfare requirements are needed
for livestock vessels. Both issues are addressed by the present proposal.

The Commission proposal aims to:

– 

– 

– 

– 

– 

– 

– 

– 

– 

Establish  stricter  conditions  for  the  transporters  operating  long  distance
journeys;

Update journey times and space allowances;

Improve  the  mandatory  training  of  personnel  and  widen  the  scope  of  this
obligation to personnel at markets and assembly centres;

Ban  the  transport  of  very  young  animals  and  set  out  definitions  for  when
animals are unfit for transport;

Set up stricter rules for the transport of horses;

Upgrade technical standards for road vehicles;

Introduce  specific  requirements  for  all  livestock  vessels  operating  from
community ports;

Reinforce  the  responsibilities  of  the  transporters  as  well  as  of  the  other
operators concerned by the transport of animals;

Emphasise the role of competent authorities in supervising transport operations
and strengthen the cooperation between the services concerned;

– 

Reinforce instruments for control and better enforcement.

Several measures considered in the Commission proposal aim to prevent the spread
of  diseases,  as  for  example,  the  stricter  regime  that  would  be  applied  for  the
transporters operating long distance journeys.

3.1

The opinion of the Scientific Committee on Animal Health and Animal Welfare

The Scientific Committee on Animal Health and Animal Welfare (later the Scientific
Committee) adopted on 11 March 2002 an opinion on the welfare of animals during
transport14.

14

See: http://europa.eu.int/comm/food/fs/sc/scah/out71_en.pdf

5

                                                
Scientists  agreed  that  despite  some  degree  of  adaptation  according  to  species  and
conditions,  welfare  tends  to  become  poorer  as  journey  length  increases.  Hence
journeys should be as short as possible and transport conditions should be designed
and operated so as to minimise sources of stress. In addition to factors that may lead
to  weakening  of  the  immune  system,  transport  operations  often  involve  mixing  of
animals of different origins which increases the risk for the spread of diseases.

The  Commission  has  carefully  analysed  the  recommendations  provided  by  the
Scientific Committee. The Commission considers that the conclusions  of  the  report
have  to  be  considered  in  the  framework  of  practical  experience  and  in  the  light  of
their enforceability. The proper enforcement of animal protection legislation is a key
element to improve the current situation. Moreover,  the  practicability  of  moving  in
one step towards achieving the Scientific Committee’s recommendations needs to be
considered  carefully.  The  Commission  believes  that  adopting  a  step  by  step
approach,  implementing  the  main  aspects  of  the  recommendations,  represents  the
best  means  of  introducing  real  improvements  in  animal  welfare  over  the  short  to
medium  term.  The  aim  of  the  Commission  proposal  is,  therefore,  to  guarantee  that
the  high  standards  recommended  by  the  Scientists  are  fulfilled  via  the  creation  of
proper  legislative  instruments  allowing  competent  authorities  to  perform  better
control and enforcement.

The necessity to better develop knowledge on animal welfare during transport is also
urgently  recognised by the Commission. The Commission is engaged in  promoting
further research in the animal health and animal welfare areas in particular in relation
to transport to better develop knowledge on the most sensitive aspects.

In particular, resources will be devoted to studying the role of journey duration and
its  effect  on  the  metabolism  of  different  species  and  categories  of  animals.  In
addition,  the  experience  gained  through  the  implementation  of  the  proposed  travel
sequences  will  facilitate  a  greater  understanding  of  the  scientific  aspects  of  animal
transport, which can support the elaboration of further scientific advice in due course
from the European Food Safety Authority. Such scientific advice could provide the
basis  of  further  improvements  in  animal  transport  conditions,  including  journey
durations.  In  addition,  further  scientific  advice  will  be  sought  from  the  European
Food  Safety  Authority  in  respect  of  ventilation  requirements  for  the  transport  of
animals.

Moreover,  it  should  be  mentioned  that  in  the  framework  of  the  5th  Research
Framework  Program  the  Commission  funded  a  research  project  on  the  transport  of
cattle (CATRA project). More information on the project is available at the following
web site: http://www.lt.slu.se/catra/.

Journey times

After  a  certain  period  of  time,  welfare  conditions  deteriorate  if  animals  are  not
provided  with  a  minimum  of  rest,  feed  and  water.  As  a  result,  certain  maximum
limits must be fixed, when animals must be offered rest, water and feed.

Needs for rest, feed or water vary between individual animals. However as a general
rule,  according  to  their  particular  physiology,  adult  ruminants  tend  to  be  more
resistant  to  the  deprivation  of  feed  or  water  than  horses  and  pigs.  Due  to  their
fragility, younger animals need stricter limits than adults.

6

Space allowances (floor area and height)

The  amount  of  space  allowed  for  an  animal  during  transport  is  one  of  the  most
important factors influencing its welfare.

Minimum space allowances are not only  determined by  the physical  dimensions  of
animals. In establishing practical minimum space requirements the animals' need for
rest, water and feed should be carefully considered. Space allowance may need to be
greater to promote adequate ventilation.

In particular adequate space should be provided to allow animals to feed and water
themselves as well as properly rest.

Finally,  horses  transported  in  individual  stalls  or  boxes  suffer  much  fewer  welfare
problems than when they are transported in groups.

Minimum heights should be provided so as to ensure a natural standing position as
well as sufficient ventilation.

Young animals

Young  animals  are  especially  vulnerable.  In  particular  when  young  animals  are
weaned  just  before  transport,  the  absence  of  maternal  care  is  added  to  the  various
the  Scientific  Committee
transport.  As  a  result 
stressors  associated  with 
recommended  that  piglets  of  less  than  four  weeks  of  age,  lambs  of  less  than  one
week of age and calves of less than two weeks of age should not be transported.

Training

The way animals are handled has a direct influence on their welfare. Bad practices or
negligence  often  originate  from  lack  of  knowledge  of  animals'  need  and  could  be
addressed by the education of those handling and transporting the animals.

The Scientific Committee considered that a legal requirement for a certificate issued
after  completion  of  an  approved  course  is  a  valuable  way  of  coping  with  this
question.

Inspections

Inspection  before  departure  and  selection  of  animals  to  be  transported  is  essential.
For  example  animals  presenting  signs  of  disease,  injuries  or  physiological
weaknesses should not be considered as fit for transport.

Keeping records of the inspections is also considered essential.

Loading, unloading and handling

Loading is the most stressful part of transport.  In  addition contact  between  animals
from different sources can lead to the spread of infectious diseases.

The  Scientific  Committee  recommended  that  animals  should  not  be  unloaded  at
staging points provided that specific conditions are met.

7

Other  concerns  for  the  welfare  of  the  animals  are  expressed  in  relation  to  certain
technical  requirements  such  as  the  slope  of  ramps  and  the  tying  of  animals  during
transport.

3.2

Markets and collection centres

Markets  and  collection  centres  represent  a  crucial  node  in  the  trading  network  of
farm animals. Today they constitute an integral part of the transport process.

Poor  handling  procedures  and  straightforward  cruelty  to  animals  at  some  market
places have been reported to the Commission.

Unloading  and  reloading  of  animals  create  additional  sources  of  stress.  In  addition
during their stay at markets, animals may not be offered sufficient rest, feed or water.
As a result, their stopover at markets or collection centres may worsen the situation,
in  particular  if  animals  are  reloaded  for  long  distance  journeys.  Furthermore,  the
collection  and  the  mixing  of  animals  in  new  groups  destabilise  the  initial  social
structure  of  the  animals  adding  further  distress.  Gathering  animals  from  different
origins also creates favourable conditions for spreading disease.

3.3

Livestock vessels

Sea  transport  with  livestock  vessels  is  an  area  of  concern  for  the  welfare  of  the
animals.  Livestock  vessels  carry  large  numbers  of  animals  (vessel  capacity  ranges
from  400  to  2000  heads  of  cattle).  Sea  journeys  start  after  animals  have  been
collected by road from sometimes very distant locations from the port of departure.
Sea  journeys  can  last  several  days  in  high  seas  and  strict  planning  is  necessary  to
prevent unexpected event or delay, or to cover such eventualities should they occur.

4.

4.1

SOCIO-ECONOMIC DATA

Economical role of the transport of animals

Transport of animals is part of the process of animal production. Their movement is
necessary  to  adjust  the  unequal  distribution  of  resources  and  demand.  These
situations  arise  from  geographical and historical  factors  that  differ  between  regions
and vary between seasons or years. Several technical and economical reasons explain
the existence of the trade.

The number of animals traded between Member States is far lower than the quantity
of animals slaughtered (see table 2).

8

Table 2 – EC live trade and slaughter (year 2000)

Species

EC trade of live animals

EC
slaughtering (b)

Ratio
(a)/(b)

Total trade (a)

Intra-community

Import

Export

Bovines Heads

3.767.369

2.965.784

501.401

300.184

26.847.000 15,03%

Pigs

Heads

11.957.246

11.869.227

57.247

30.772

203.021.000

5,89%

Heads

4.193.501

2.567.720

1.564.951

60.830

77.585.000

5,41%

Sheep
and
Goats

Equidae Heads

212.935

65.028

138.309

9.598

359.000 59,31%

Sources: EUROSTAT

However the reduction of the number of slaughterhouses due to economies of scale,
higher hygienic standards and the single market contributed to the extension of their
perimeter of collection.

4.2

Modes of transport in the EU

Road transport represents between 90 to 99% of the overall trade of live animals in
the EU. Thanks to its flexibility road transport is used by a wide range of operations
and companies.

In contrast, transport of animals by air, rail and sea is carried out by a few specialised
companies. These modes of transport are only available in certain locations (airports,
ports  and  railway  stations)  which  make  checks  at  departure  easier  and  as  they  are
often  used  for  long  distance  operations  in  large  size  consignments,  loading  time  is
consequently longer and specific provisions are necessary.

Transport by sea is estimated to be between 1 to 8 %  within  the EU. For export to
third  countries  it  could  reach  up  to  60%  of  the  trade.  Transport  by  sea  is  also
essential  for  some  Member  States.  Today  transport  of  animals  by  rail  is  tending  to
disappear.  Air  transport  of  live  animals  is  mainly  limited  to  high  value  animals
making transcontinental journeys.

9

4.3

Overview of the trade of live animals15

The evaluation of the scale of the trade of live animals raises certain difficulties. The
movements  of  animals  are  not  systematically  recorded:  domestic  journeys  are  not
today subject to compulsory declaration.

Movements  between  Member  States  are  subject  to  veterinary  checks  and  the
ANIMO16 system registers these movements. Trade between Member States is also
subject  to  declarations  by  companies  for  other  purposes  that  supply  EUROSTAT
data. The industry17 estimates that most animal movements in the EU take place at a
national level.

The average annual trade of live animals involving EU States between 1996 to 2000
amounted  to  2  million  tonnes.  Around  80%  of  this  trade  took  place  within  the  EU
(1 789  000  t  in  2000  or  83%)  while  exports  to  third  countries  represented
approximately  10%  and  imports  from  third  countries  amount  for  the  rest.  Farm
animals represented nearly all the trade of live animals with bovine (46-59%18), pigs
(21-30%), poultry (7-17%), horses, sheep and goats (respectively around 5% each).

Typology of trade varied between species (see  table 4).  In 2000 cattle were mostly
traded within the EU and exported to third countries. Swine were almost exclusively
exchanged  within  the  EU.  Sheep  and  goats  were  mostly  traded  within  the  EU  but
also imported. Horses were mainly imported.

4.4

Cattle

In  2000  intra-EU  trade  of  cattle  represented  about  3  million  heads.  In  terms  of
number  of  heads,  fattening  animals  represented  the  majority  of  the  transported
animals while animals for direct slaughter and breeding animals account for the rest.
Calves  under  15  days  of  age  were  288  482  heads.  (All  data  of  this  paragraph  are
based on ANIMO.)

15

16

17

18

In the following sections data expressed in number of heads originates from the ANIMO system while
data in tonnes comes from EUROSTAT except if stated otherwise.
ANIMO  is  a  computerized  system  linking  veterinary  authorities,  with  a  view,  in  particular,  to
facilitating  the  exchange  of  information  between  the  competent  authorities  of  regions  where  a  health
certificate or document accompanying the animals and products of animal origin  has been issued and
the competent authorities of the Member State of destination.
Study  handed  by  the  UECBV  (European  Livestock  and  Meat  Trading  Union)  "Transport  et  bien-être
des animaux – Etude de René Laporte Consultant – Avril 2002".
Ranges expressed in this section reflect the different figures between 1996-2000.

10

                                                
Table 3 – Cattle main traffic flows in 2000

Traffic flows

ANIMO (heads)

EUROSTAT

Intra-EU trade

France to Italy

Germany to the Netherlands

France to Spain

Belgium to the Netherlands

Ireland to Spain

Export to third countries

Import from third countries

France to Lebanon

Ireland to Lebanon

Germany to Lebanon

Germany to Egypt

Poland to Italy

Romania to Italy

4.5

Pigs

3.220.039

884.548

455.900

386.574

213.469

156.823

-

-

-

-

-

-

740.101 t

349.853 t

29.424 t

59.061 t

34.130 t

24.425 t

172.474 t

43.847 t

34.644 t

67.335 t

24.915 t

62.931 t

21.957 t

7.738 t

In  2000  the  intra-EU  trade  of  pigs  represented  around  11  million  heads.  Piglets19
represented a relevant part of the EU swine trade with more than 4 million animals
(4 139 608 heads).

19

EUROSTAT data on non-breeding pigs of less than 50 kg.

11

                                                
Table 4 – Pigs main traffic flows in 2000

Traffic flows

ANIMO (heads)

EUROSTAT

Intra-EU trade

The Netherlands to Germany

Denmark to Germany

The Netherlands to Spain

Spain to Portugal

The Netherlands to Italy

4.6

Sheep and goats

10.122.391

2.441.355

1.185.054

985.916

712.934

512.115

576.945 t

103.838 t

54.230 t

20.405 t

68.989 t

50.617 t

In  2000  the  intra-EU  trade  of  sheep  and  goats  represented  more  than  2.5  million
heads. The trade of goats was negligible compared to sheep.

Table 5 – Sheep and goats main traffic flows in 2000

Traffic flows

ANIMO (heads)

EUROSTAT

Intra-EU trade

France to Spain

The Netherlands to France

The United Kingdom to the Netherlands

Spain to Italy

France to Italy

The United Kingdom to France

The Netherlands to Italy

Import from third countries

Hungary to Italy

Romania to Greece

2.644.331

76.973 t

-

-

-

-

-

-

-

30.730 t

15.541 t

6.406 t

361.475

342.849

279.772

241.582

218.754

211.660

180.698

-

-

12

4.7

Horses

In  2000  intra-EU  trade  of  equidae  consisted  of  65  000  heads.  Slaughter  horses
accounted for 27 430 heads20. At the same time the EU imported 113 470 horses for
slaughter.

Table 6 – Trade of slaughter horses in 2000 (heads)

Origin/Destination21

France Germany

Italy Denmark

Spain

Belgium Austria TOTAL

France

Spain

Germany

Netherlands

Denmark

Other Member States

Total EC

Poland

Romania

Hungary

Lithuania

Serb.Monten.

Bosnia-Herz.

Belarus

Croatia

Slovenia

*

*

*

*

*

*

*

*

*

*

695 *

1.321 *

*

*

*

467

2.483

4.698

295 *

*

209 *

*

*

*

*

12.326 *

3.902 *

*

234 *

*

*

*

52

52

896

17.358

238

45.227 *

28.089 *

9.548 *

8.164 *

6.526 *

3.736 *

2.532 *

1.435 *

1.262 *

Other third countries

0

36

447

Total third countries

TOTAL TRADE

5.202

7.685

274

106.966

326

124.324

Source: EUROSTAT

153

536 *

42 *

2.298

34

52

3.030 *

0

34

18

223

1.206 *

168

7.280

302 *

*

*

670 *

*

*

*

*

*

*

*

*

*

*

*

*

35

35

19

991

0

0

13.015

4.639

3.653

3.316

1.206

1601

27.430

50.465

28.089

9.843

8.834

6.735

3.736

2.532

1.435

1.262

539

113.470

258

8.271

34

140.900

*

*

*

*

*

*

*

*

*

*

*

*

0

0

2

2

2

20

21

EUROSTAT data.
According  to  EUROSTAT  data  no  slaughter  horses  were  sent  to  the  Member  States  that  are  not
mentioned in this table in 2000.

13

                                                
EXPLANATORY MEMORANDUM

The Protocol on the protection and welfare of animals annexed to the Treaty establishing the
European Community requires that in formulating and implementing agriculture and transport
policies,  the  Community  and  the  Member  States  shall  pay  full  regard  to  the  welfare
requirements of animals.

In this regard the  transport  of live  animals is  the most  controversial  area of  animal  welfare.
Directive 91/628/EEC1 amended  by Directive  95/29/EC2  constitutes  the  current  Community
legislative framework. Council Regulation (EC) No 1255/97 and Council Regulation (EC) No
411/98 were adopted subsequently to provide more detailed rules.

In  accordance  with  Article  13  (1)  of  Directive  91/628/EEC  the  Commission  adopted  in
December  2000  a  report3  to  the  Council  and  the  European  Parliament  on  the  experience
acquired by Member States since the implementation of Directive 95/29/EC. The Commission
report recommended actions to be taken, some of which have already been initiated. However
most  of  the  recommendations  could  only  be  addressed  through  amendments  of  the  current
legislation.

The report was presented to the Agriculture Council that in June 2001 supported the outcome
in a specific resolution4. In November 2001 the European Parliament adopted a resolution5 on
this report.

On 11 March 2002 the Scientific Committee on Animal Health and Animal Welfare adopted
an  opinion  on  the  welfare  of  animals  during  transport.  The  scientific  opinion  provides  in
particular recommendations concerning the fitness  of animals  to be  transported, the  training
of  personnel  transporting  animals,  the  handling  of  animals,  increased  space  allowances  and
restrictive journey time limits.

The  Commission  has  carefully  analysed  the  recommendations  provided  by  the  Scientific
Committee.  The  Commission  considers  that  the  conclusions  of  the  report  have  to  be
considered  in  the  framework  of  practical  experience  and  in  the  light  of  their  enforceability.
The  proper  enforcement  of  animal  protection  legislation  is  a  key  element  to  improve  the
current  situation.  Moreover,  the  practicability  of  moving  in  one  step  towards  achieving  the
Scientific Committee’s recommendations needs to be considered carefully. The Commission
believes  that  adopting  a  step  by  step  approach,  implementing  the  main  aspects  of  the
recommendations,  represents  the  best  means  of  introducing  real  improvements  in  animal
welfare over the short to medium term. The aim of the Commission proposal is, therefore, to
guarantee that the high standards recommended by the Scientists are fulfilled via the creation
of proper legislative instruments allowing competent authorities to perform better control and
enforcement.

1

2

3

4

5

OJ L 340, 11.12.1991, p. 17.
OJ L 148, 30.6.1995, p. 52.
COM(2000)809 final adopted on 6 December 2000.
OJ C 273, 28.9.2001, p. 1.
European Parliament resolution on the Commission report on the experience acquired by the 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)) – A5-0347/2001.

14

                                                
The necessity to better develop knowledge on animal welfare during transport is also urgently
recognised by the Commission. The Commission is engaged in promoting further research in
the  animal  health  and  animal  welfare  areas  in  particular  in  relation  to  transport  to  better
develop knowledge on the most sensitive aspects.

In particular, resources will be devoted to studying the role of journey duration and its effect
on the metabolism of different species and categories of animals. In addition, the experience
gained through  the  implementation  of the  proposed travel sequences will facilitate a  greater
understanding of the scientific aspects of animal transport, which can support the elaboration
of  further  scientific  advice  in  due  course  from  the  European  Food  Safety  Authority.  Such
scientific  advice  could  provide  the  basis  of  further  improvements  in  animal  transport
conditions, including journey durations.

Moreover,  it  should  be  mentioned  that  in  the  framework  of  the  5th  Research  Framework
Program  the  Commission  funded  a  research  project  on  the  transport  of  cattle  (CATRA
project).  More  information  on  the  project  is  available  at  the  following  web  site:
http://www.lt.slu.se/catra/.

The Commission also  organised  a  wide ranging  consultation among major  stakeholders  and
the  public.  In  particular  all  the  main  organisations  involved  had  the  opportunity  to  present
their comments to the Commission and their suggestions on how to improve the situation on
animal transport. The measures proposed received a wide support from the public during the
web consultation held on December 20026.

From this background there is a clear consensus for improving the level of enforcement as a
priority.  Animal  health  concerns  have  also  determined  the  urgency  for  the  Commission  to
take  action  in  this  field  in  particular  by  refining  the  tools  for  the  controls  by  competent
authorities on long distance transport operations. This objective can be achieved in particular
by  allowing  competent  authorities  for  the  welfare  of  animals  to  check  the  recording
equipment  installed  in  road  vehicles  required  by  the  European  social  legislation  as  regards
journey time.

In  this  regard  the  Commission  proposal  introduces  detailed  requirements  for  the  training  of
drivers  for  livestock  transport  by  introducing  a  specific  curriculum,  the  need  for  approved
training bodies and a harmonised certificate of training. Furthermore in order to facilitate the
controls, the proposal reinforces the harmonisation of documents (transporters’ authorisation,
drivers’  certificates, vehicles  approvals)  and  procedures  (establishment  of  contact  points  for
each Member States, communication of infringements). Restrictive conditions are laid down
in  the  proposal  for  granting  an  authorisation  to  transporters  and  transporters  operating  long
distance  journeys  would  be  registered  in  a  specific  database.  The  proposal  lists  the  specific
checks to be carried out by officials for consignments arriving or leaving the customs territory
of the Union.

6

For  the  complete  results  of  the  web  consultation  on  the  protection  of  animals  during  transport:
http://europa.eu.int/yourvoice/results/240/index_en.htm

15

                                                
Based on the considerations mentioned above, having considered the opinion of the scientists
and  having  examined  the  contributions  from  the  different  stakeholders  the  Commission
proposal  demands  high  standards  in  particular  for  the  transports  involving  the  crossing  of
several regions of Europe defined in the proposal as long distance transport. In this respect the
new enhanced measures proposed are the following:

(a)

(b)

(c)

(d)

(e)

(f)

Transporters  will  be  granted  a  specific  authorisation.  This  will  be  possible  only
following precise conditions and for a limited period of time. Such transporters will
be registered in a national electronic database;

Higher standards in particular in relation to ventilation and drinking facilities for the
vehicles are proposed on the basis of a specific opinion by the Scientific Committee;

All livestock vessels  operating from Community ports  will be  subjected  to  specific
requirements and a certificate of approval;

Higher space allowances on the truck apply for long distance journeys than for short
journeys;

Shorter  travelling  periods  and  longer  resting  periods  for  the  animals  on  board  the
vehicles to avoid the most stressful operations of loading and unloading; the use of
staging points is not foreseen by the proposal due the demonstrated risk for the health
of the animals;

A new route plan administrative procedure will make it compulsory for the operators
to systematically check the consignment at the place of destination, to keep records
of the results and to report any anomaly to officials.

Experience shows that the transport of horses for slaughter over long distances is a subject of
particular  concern.  Therefore  in  addition  to  the  above  mentioned  requirements  the  proposal
makes it compulsory to transport horses in individual stalls for long distance journeys.

Scientists  pointed  out  that  very  young  animals  are  especially  vulnerable  and  recommended
that their transport should be banned  altogether.  The proposal will ban the transport of new
born and very young animals in line with the scientific opinion.

Experience  has  also  indicated  to  the  Commission  that  the  worst  situations  of  poor  handling
and  straightforward  cruelty  to  animals  were  reported  in  market  places.  Based  on  this
experience the proposal, for the first time in the EU legislation, extends provisions on animal
protection to all places where animals are loaded, unloaded and  handled  including livestock
markets. In particular livestock markets will be subjected to specific requirements regarding
the training of personal handling animals.

Because  of  the  major  changes  to  be  introduced  the  present  proposal  repeals  Directive
91/628/EEC as amended by Directive 95/29/EC as well as Regulation (EC) No 1255/97 and
Regulation  (EC)  No  411/98.  The  Commission  proposal  for  a  Council  Regulation  amending
Regulation (EC) No 411/98 as regards ventilation in road vehicles carrying livestock on long
journeys1 is also to be withdrawn because it is now included in the present text. In particular

1

COM (2001) 197 final.

16

                                                
the elaboration of a proposal for a Council Regulation has been chosen to facilitate an early
harmonisation of the rules in the internal market.

Socio-economic  investigations  have  been  carried  out  in  the  preparation  of  the  present
measures to ensure that they are proportionate to the desired objective.

Taking  into  account  the  fundamental  modifications  needed,  taken  from  the  experience
acquired  by  Member  States  and  from  the  review  of  the  latest  scientific  data,  the  present
proposal is the most appropriate mean of achieving the desired objective.

17

2003/0171 (CNS)

Proposal for a

COUNCIL REGULATION

on the protection of animals during transport and related operations

and

amending Directives 64/432/EEC and 93/119/EC

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article
37 thereof,

Having regard to the proposal from the Commission1,

Having regard to the opinion of the European Parliament2,

Having regard to the opinion of the European Economic and Social Committee3,

Having regard to the opinion of the Committee of the Regions4,

Whereas:

(1)

(2)

1

2

3

4

5

The Protocol on protection and welfare of animals annexed to the Treaty requires that
in  formulating  and  implementing  agriculture  and  transport  policies,  the  Community
and the Member States are to pay full regard to the welfare requirements of animals.

Under  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/EEC5, the
Council has adopted rules in the field of the transport of animals in order to eliminate
technical barriers to trade in live animals and to allow market organisations to operate
smoothly, while ensuring a satisfactory level of protection for the animals concerned.

OJ C , , p. .
OJ C , , p. .
OJ C , , p. .
OJ C , , p. .
OJ  L  340,  11.12.1991,  p.  17.  Directive  as  last  amended  by  Regulation  (EC)  No  806/2003  (L  122,
16.5.2003, p. 1).

18

                                                
(3)

(4)

(5)

(6)

(7)

(8)

6

7

8

The Report from the Commission to the Council and the European Parliament on the
experience acquired by Member State since the implementation of Council Directive
95/29/EC of 29 June 1995 amending Directive 91/628/EEC concerning the protection
of animals during  transport6,  as required under Directive 91/628/EEC,  recommended
amending current Community legislation in this field.

All  Member  States  have  ratified  the  European  Convention  for  the  protection  of
animals  during  international  transport  and  the  Council  has  given  a  mandate  to  the
Commission  to  negotiate  on  behalf  of  the  Community  the  revised  European
Convention for the protection of animals during international transport.

For reasons of animal welfare the transport of animals over long distances, including
animals for slaughter, should be reduced as far as possible.

The  Council  invited  the  Commission  on  19  June  2001  7  to  submit  proposals  for
ensuring  effective  implementation  and  strict  enforcement  of  existing  Community
legislation, improving the protection and welfare of animals as well as preventing the
occurrence  and  spread  of  infectious  animal  diseases,  and  putting  in  place  more
stringent  requirements  so  as  to  prevent  pain  and  suffering  in  order  to  safeguard  the
welfare and health of animals during and after transport.

The  European  Parliament  on  13  November  2001  called  8  on  the  Commission  to
present  proposals  for  amending  existing  Community  rules  on  the  transport  of
livestock, in particular with the view to:

– 

– 

– 

– 

consulting  the  competent  scientific  committee  on  the  duration  of  animal
transport;

presenting  a  harmonised  European  model  certificate  for 
harmonising route plans for long-distance transport;

transporters;

ensuring  that  any  member  of  staff  handling  livestock  during  transport  has
completed a training course recognised by the competent authorities; and

ensuring  that  veterinary  checks  at  border  inspection  posts  of  the  Community
include comprehensive  inspection  of  the  welfare  conditions  in  which  animals
are transported.

The Scientific Committee on Animal Health and Animal Welfare adopted an opinion
on the welfare of animals during transport on 11 March 2002. Therefore, Community
legislation  should  be  amended  to  take  into  account  new  scientific  evidence  while
keeping as a priority the necessity that its enforceability can be properly ensured in the
immediate future.

COM (2000) 809 final.
OJ C 273, 28.9.2001, p. 1.
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 – C5-0189/2001-2001/2085(COS)

19

                                                
(9)

(10)

In  the  light  of  experience  gained  under  Directive  91/628/EEC  at  harmonising
Community  legislation  on  the  transport  of  animals,  and  the  difficulties  encountered
due  to  the  diverse  transposition  of  that  Directive  at  national  level,  it  is  more
appropriate to set out Community rules in this field in a regulation.

The  unloading  and  subsequent  reloading  of  animals  is  more  stressful  than  leaving
them  resting  in  the  vehicle  in  good  conditions.  In  addition,  contact  at  staging  points
between  animals  from  different  sources  can  lead  to  the  spread  of  infectious  disease.
Therefore,  for  animal  welfare  and  animal  health  reasons  the  use  of  staging  points
should  be  prevented.  Accordingly,  Council  Regulation  (EC)  No  1255/97  of  25  June
19979 concerning Community criteria for staging points and amending the route plan
referring to in the Annex to Directive 91/628/EEC, should be repealed.

(11)

Poor  welfare  is  often  due  to  lack  of  education.  Therefore,  training  should  be  a
prerequisite  for  any  person  handing  animals  during  transport  and  training  should  be
provided only by organisations approved by the competent authorities.

(12) Welfare  conditions  of  animals  during  transport  mainly  result  from  the  day-to-day
conduct  of  the  transporters.  Checks  by  competent  authorities  may  be  hindered  as
transporters  can  freely  operate  in  different  Member  States.  Therefore,  transporters
should be more accountable and transparent concerning their status and operations. In
particular  they  should  provide  proof  of  their  authorisation,  systematically  report  any
difficulty and keep precise records of their actions and the results.

(13) Animal transport involves not only transporters but also other categories of operators
such  as  farmers,  traders,  assembly  centres  and  slaughterhouses.  As  a  consequence,
some  obligations  regarding  the  welfare  of  the  animals  should  be  extended  to  any
operator involved in the transport of animals.

(14) Assembly  centres  play  a  critical  role  in  the  transport  of  some  livestock  species.
Therefore,  assembly  centres  should  ensure  that  Community  legislation  on  the
protection of animals during transport is known and respected by their employees and
visitors.

(15)

Long distance journeys  are likely  to  have  more  detrimental  effects on the welfare of
the animals than short ones. Hence specific procedures should be designed to ensure a
better  enforcement  of  the  standards  in  particular  by  increasing  traceability  of  such
transport operations.

9

OJ L 174, 2.7.1997, p. 1. Regulation as last amended by Council Regulation (EC) No 1040/2003 of 11
June 2003 (OJ L 151, 19.6.2003, p. 21.).

20

                                                
(16) Council Regulation (EEC) No 3820/85 of 20 December 1985 on the harmonisation of
certain  social  legislation  relating  to  road  transport10  provides  for  maximum  driving
periods and minimum rest periods for road drivers. It is appropriate that journey times
for  animals  are  similarly  regulated11.  Council  Regulation  (EEC)  No  3821/85  of  20
December  1985  on  recording  equipment  in  road  transport12  provides  for  recording
equipment  to  be  installed  and  used  to  ensure  effective  checking  on  compliance  with
social  legislation  concerning  road  transport.  It  is  necessary  that  such  record  data  be
made  available  and  checked  so  as  to  enforce  travelling  time  limits  under  animal
welfare legislation.

(17)

(18)

Insufficient  exchange  of  information  between  competent  authorities  leads  to
inadequate enforcement of Community legislation for the protection of animals during
transport.  Accordingly,  it  is  necessary  to  set  up  flexible  procedures  to  improve  the
level  of  collaboration  between  the  competent  authorities  in  the  different  Member
States.

Inadequate follow-up of infringements of legislation on animal welfare encourages the
non-respect  of  such  legislation  and  leads  to  distortion  of  competition.  Therefore,
uniform  procedures  should  be  established  throughout  the  Community  to  increase
checks  and  the  impositions  of  penalties  for  infringements  of  animal  welfare
legislation.  The  Member  States  should  lay  down  rules  on  penalties  applicable  to
infringements  of  the  provisions  of  this  Regulation  and  ensure  that  they  are
implemented. Those penalties must be effective, proportionate and dissuasive.

(19) A significant number of animals are transported by livestock vessels during very long
journeys from and within the Community and transport by sea can be checked at the
place of departure. Therefore, it is essential to set up specific measures and standards
for this mode of transport.

(20)

In the interests of consistency of Community legislation, Directive 64/432/EEC of 26
June  1964  on  animal  health  problems  affecting  intra-Community  trade  in  bovine
animals and swine13 should be amended so as to adapt it to this Regulation regarding
the approval of assembly centres and the requirements for transporters.

(21) Directive 93/119/EC of 22 December 1993 on the protection of animals at the time of
slaughter  and  killing14  should  also  be  amended  so  as  to  adapt  it  to  this  Regulation
regarding the use of electric prods.

10

11

12

13

14

OJ L 370, 31.12.1985, p. 1.
COM  (2001)  573  –  OJ  C  51  E,  26.2.2002,  p.  234  -  Proposal  for  a  Regulation  of  the  European
Parliament  and  of  the  Council  on  the  harmonisation  of  certain  social  legislation  relating  to  road
transport.
OJ L 370, 31.12.1985, p. 8. Regulation as last amended by Commission Regulation (EC) No 1360/2002
(OJ L 207, 5.8.2002, p. 1).
OJ  P121,  29.7.1964,  p.  1977/64.  Directive  as  last  amended  by  Commission  Regulation  (EC)  No
1226/2002 (OJ L 179, 9.7.2002, p. 13).
OJ  L  340,  31.12.1993,  p.  21.  Directive  as  amended  by  Regulation  (EC)  No  806/2003  (OJ  L  122,
16.5.2003, p. 1).

21

                                                
(22) Rules and information procedures laid down by Council Directive 89/608/EEC of 21
November  1989  on  mutual  assistance  between  the  administrative  authorities  of  the
Member States and cooperation between the latter and the Commission to ensure the
correct  application  of  legislation  on  veterinary  and  zootechnical  matters  should  be
applied  to  animal  welfare  during  transport  in  order  to  ensure  compliance  with  this
Regulation.

(23) Commission Decision 98/139/EC of 4 February 1998 lays down the rules concerning
on-the-spot  checks  carried  out  in  the  veterinary  field  by  Commission  experts  in  the
Member States that should be relevant to ensure that this Regulation is complied with
in a uniform manner.

(24)

This  Regulation  sets  out  provisions  for  ventilation  in  road  vehicles  transporting
livestock  on  long  journeys.  Accordingly,  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  hours15  should  be
repealed.

(25)

The measures necessary for the implementation of this Regulation should be adopted
in accordance with Council Decision 1999/468/EC of 28  June 1999  laying  down the
procedures for the exercise of implementing powers on the Commission.16

HAS ADOPTED THIS REGULATION:

CHAPTER I

Scope, definitions and general conditions for the transport of
animals

1.

2.

3.

15

16

Article 1
Scope

This Regulation shall apply to the transport of live vertebrate animals for commercial
purposes  taking  place  in  the  Community  including  to  the  specific  checks  to  be
carried out by officials for consignments arriving or leaving the customs territory of
the Community.

This Regulation shall not apply to the  transport  of  a single animal accompanied  by
the person who is responsible for it during transport.

This  Regulation  shall  apply  without  prejudice  to  other  Community  veterinary
legislation.

OJ L 52, 21.2.1998, p. 8.
OJ L 184, 17.7.1999, p. 23.

22

                                                
For the purposes of this Regulation, the following definitions shall apply:

Article 2
Definitions

(a)

(b)

(c)

(d)

(e)

(f)

(g)

(h)

(i)

(j)

(k)

'animals' means live vertebrate animals;

'assembly centres' means places such as holdings, collection centres and markets, at
which  domestic  equidae  or  domestic  animals  of  bovine,  ovine,  caprine  or  porcine
species  originating  from  different  holdings  are  grouped 
to  form
consignments;

together 

'attendant'  means  a  person  directly  in  charge  of  the  welfare  of  the  animals  who
accompanies them during a journey;

'border  inspection  post’  means  any  inspection  post  designated  and  approved  in
accordance with Article 6 of Directive 91/496/EEC17, for carrying out of veterinary
checks on animals arriving from third countries at the border of the territory  of  the
Community;

'Community veterinary legislation' means legislation listed in Chapter I of Annex A
to Directive 90/425/EEC18 and any subsequent implementing rules;

'container'  means  any  crate,  box,  receptacle  or  other  rigid  structure  used  for  the
transport of animals which is not a means of transport;

'exit  point'  means  a  border  inspection  post  or  any  other  place  designated  by  a
Member State where animals leave the customs territory of the Community;

'journey' means the entire transport operation from the place of departure to the place
of  destination,  including  any  unloading,  accommodation  and  loading  occurring  at
intermediate points in the journey;

'keeper'  means  any  natural  or  legal  person,  except  a  transporter,  in  charge  of  or
handling animals whether on a permanent or temporary basis;

'livestock vessel' means a vessel which is used or intended to be used for the carriage
of domestic equidae or domestic animals of bovine, ovine, caprine or porcine species
other  than  a  roll-on-roll-off  vessel,  and  other  than  a  vessel  carrying  animals  in
moveable containers;

'long distance journey' means a journey that exceeds 9 hours starting from when the
first  animal  of  the  consignment  is  moved  by  a  means  of  transport  excluding  45
minutes of driver rest in the case of road transport;

17

18

OJ L 268, 24.9.1991, p. 56.
OJ L 224, 18.8.1990, p. 29.

23

                                                
(l)

'means  of  transport'  means  road  or  rail  vehicles,  vessels  and  aircraft  used  for  the
transport  of  animals  as  well  as  containers  when  they  are  used  for  the  transport  of
domestic equidae or domestic animals of bovine, ovine, caprine or porcine species;

(m)

'organiser' means:

(i)

(ii)

a transporter who has subcontracted to at least one other transporter for a part
of a journey; or

a natural or legal person who has contracted to more than one transporter for a
journey; or

(iii) a person who has signed Section 1 of the journey log as set out in Annex II.

(n)

'place of departure' means:

(i)

the place at which the animal is first loaded on to a means of transport provided
that it had been accommodated there, for at least 48 hours prior to the time of
departure;

(ii)

assembly centres where :

– 

– 

such  assembly  centres  have  been  approved 
Community veterinary legislation; and

in  accordance  with

animals  have  been  accommodated  with  sufficient  bedding,  untied  and
watered  for  at  least  six  hours  prior  to  the  time  of  departure  within  the
assembly centre.

(o)

'place of destination' means the place at which an animal is unloaded from a means
of transport and:

(i)

accommodated for at least 48 hours prior to the time of departure; or

(ii)

slaughtered;

(p)

(q)

(r)

(s)

'place  of  transfer'  means  the  place  where  animals  have  been  changed  the  means  of
transport, with or without being unloaded;

'roll-on-roll-off vessel' means a sea-going vessel with facilities to enable road or rail
vehicles to roll on and roll off the vessel;

'transport'  means  the  movement  of  animals  effected  by  one  or  more  means  of
transport and the related operations, including loading, unloading, transfer and  rest,
until the unloading of the animals at the place of destination is completed;

'transporter'  means  any  natural  or  legal  person  transporting  animals  on  his  own
account, or for the account of a third party;

24

(t)

'vehicle' means a means of transport fitted with wheels which is propelled or towed.

Article 3
General conditions for the transport of animals

No person shall transport animals unless the following conditions are complied with:

(a)

(b)

(c)

(d)

(e)

(f)

(g)

(h)

all  necessary  arrangements  have  been  taken  in  advance  aiming  at  minimising  the
duration of the journey and ensuring animals' needs during the journey;

the animals are fit for the intended journey;

the  means  of  transport  are  designed,  constructed,  maintained  and  operated  so  as  to
avoid injury and suffering and ensure the safety of the animals;

the loading and unloading facilities are adequately designed, constructed, maintained
and operated so as to avoid injury and suffering and ensure the safety of the animals;

the personnel handling animals are trained for this purpose and carry out their tasks
without  violence  or  any  method  susceptible  to  create  unnecessary  fear,  injury  or
suffering;

the transport is carried out without delay to the place of destination and the welfare
conditions of the animals are regularly checked and appropriately maintained;

sufficient floor area and height is provided for the animals, appropriate to their size
and the intended journey;

water,  feed  and  rest  are  offered  to  the  animals,  at  suitable  intervals  and  are
appropriate in quality and quantity to their species and size.

CHAPTER II

Organisers, transporters, keepers and assembly centres

Article 4
Transport Documentation

1.

No  person  shall  transport  animals  without  carrying  documentation  in  the  means  of
transport  enabling  the  competent  authority  to  make  the  following  checks  regarding
the animals:

(a)

their origin and their ownership;

(b)

their place of departure;

(c)

the date and time of departure;

25

(d)

their intended place of destination;

(e)

the expected duration of the intended journey.

The transporter shall make the documentation provided for in paragraph 1 available
to the competent authority upon request.

Article 5
Planning obligations for the transport of animals

No  person  shall  contract  or  subcontract  the  transport  of  animals  except  to
transporters authorised in accordance with Article 10(1) or Article 11(1).

Transporters shall identify a natural person responsible for the transport and ensure
that  information  on  the  organisation,  execution  and  completion  of  the  part  of  the
journey under their control can be obtained at any time.

Organisers shall ensure that for each journey:

(a)

(b)

the welfare of the animals is not compromised by insufficient co-ordination of
the different parts of the journey; and

a natural  person  is  responsible  for  providing  information  on  the  organisation,
execution  and  completion  of  the  journey  to  the  competent  authority  at  any
time.

For  long  distance  journeys  for  domestic  equidae  and  domestic  animals  of  bovine,
ovine, caprine and porcine species, transporters and organisers shall comply with the
provisions on the journey log set out in Annex II.

Article 6
Transporters

No  person  shall  act  as  a  transporter  unless  they  hold  an  authorisation  issued  by  a
competent  authority  pursuant  to  Article  10(1)  or  Article  11(1).  A  copy  of  the
authorisation  shall  made  be  available  to  the  competent  authority  when  the  animals
are transported.

Transporters  shall  notify  to  the  competent  authority  any  changes  in  relation  to  the
information  and  documents  referred  to  in  Article  10(1)  no  more  than  15  working
days from the date the changes took place.

Transporters shall transport animals in accordance with the technical rules set out in
Annex I.

2.

1.

2.

3.

4.

1.

2.

3.

26

4.

5.

6.

7.

8.

1.

2.

1.

Transporters shall entrust the handling of the animals to personnel who have received
training on the relevant provisions of Annexes I and II.

No  person  shall  drive  a  road  vehicle  transporting  domestic  equidae  or  domestic
animals  of  bovine,  ovine,  caprine,  porcine  species  or  poultry,  unless  they  hold  a
training  certificate  pursuant  to  Article  16(2).  The  training  certificate  shall  be  made
available to the competent authority when the animals are transported.

Transporters shall ensure that an attendant accompanies any consignment of animals
except in the following cases:

(a) where  animals  are  transported  in  containers  which  are  secured,  adequately
ventilated and, where necessary, contain enough food and water, in dispensers
which  cannot  be  tipped  over,  for  a  journey  of  twice  the  anticipated  journey
time;

(b) where the driver performs the functions of attendant.

Paragraphs  1,  2  and  4  shall  not  apply  to  persons  transporting  animals  up  to  a
maximum  distance  of  50  km  counted  from  the  place  of  departure  to  the  place  of
destination.

Transporters  shall  make  available  the  certificate  of  approval  as  provided  for  in
Article  17(2)  or  Article  18(2)  to  the  competent  authority  where  animals  are
transported.

Article 7
Prior inspection and approval of means of transport

No  person  shall  transport  animals  by  road  over  long  distance  journeys  unless  the
means of transport has been inspected and approved under Article 17(1).

No person shall transport by sea domestic equidae and domestic animals of bovine,
ovine, caprine or porcine species from a Community port unless the livestock vessel
has been inspected and approved under Article 18(1).

Article 8
Keepers

Keepers of animals at the place of departure, transfer or destination shall ensure that
animals are treated in accordance with the technical  rules  set  out in  Chapters  I  and
III, section 1 of Annex I.

27

2.

1.

2.

Keepers of animals in transit or at the place of destination shall systematically verify
if the animals have been transported over a long distance journey. In the case of long
distance  journeys  for  domestic  equidae  and  domestic  animals  of  bovine,  ovine,
caprine and porcine species, keepers shall comply with the provisions on the journey
log set out in Annex II.

Article 9
Assembly Centres

Operators  of  assembly  centres  shall  ensure  that  animals  are  treated  in  accordance
with the technical rules set out in Chapters I and III, section 1, of Annex I.

Operators  of  assembly  centres  that  are  approved  in  accordance  with  Community
veterinary legislation shall in addition:

(a)

(b)

entrust the handling of animals only to personnel who  have  followed training
courses on the relevant technical rules set out in Annex I;

regularly inform  people  admitted  into  the  assembly  centre  of  their  duties  and
obligations under this Regulation and of the penalties for any infringement;

(c) make  permanently  available  to  people  admitted  into  the  assembly  centre  the
details  of  the  competent  authority  to  whom  any  possible  infringement  of  the
requirements of this Regulation are to be notified;

(d)

in  case  of  non-compliance  with  this  Regulation  by  any  person  present  at  the
assembly  centre,  and  without  prejudice  to  any  action  taken  by  the  competent
authority, take the necessary measures to remedy the non-compliance observed
and to prevent their recurrence.

(e)

adopt,  monitor  and  enforce  the  necessary  internal  rules  in  order  to  ensure
compliance with points (a) to (d).

CHAPTER III

Duties and obligations of the competent authorities

Article 10
Authorisations for transporters operating long distance journeys

1.

The competent authority shall grant authorisations to transporters provided that

(a)

the  applicants  have  not  submitted  an  application  to  and  are  not  authorised  as
provided for in this paragraph or Article 11(1) by another competent authority
in the same or another Member State;

28

(b) where the applicants are established in the Community, they are established in

the Member State where they apply for authorisation;

(c)

(d)

the  applicants  have  demonstrated  that  they  have  sufficient  and  appropriate
staff, equipment and operational procedures at their disposal to enable them to
comply with this Regulation;

the  applicants  or  persons  acting  on  their  behalf  have  no  record  of  serious
infringements of Community legislation on the protection of animals in the five
years preceding the date of the application.

(e)

the applicants have submitted the following documents:

(i)

(ii)

valid training certificates for drivers as provided for in Article 16 (2) for
all the drivers intended to operate long distance journeys;

valid  certificates  of  approval  as  provided  for  in  Article  17  (2)  for  all
means  of  transport  by  road  intended  to  be  used  for  long  distance
journeys;

(iii) details  of  the  procedures  enabling  transporters  to  trace  and  record  the
movements of road vehicles under their responsibility and to permanently
contact the drivers concerned during long distance journeys;

(iv)

emergency plans in the case of an event requiring actions such as those
referred to in Article 22 (2).

The competent authority shall issue authorisations as provided for in paragraph 1 in
accordance  with  the  specimen  set  out  in  Chapter  I  of  Annex  III  and  valid  for  not
more than two years from the date of issue.

Article 11
 Authorisations for transporters not operating long distance journeys

The competent authority shall grant authorisations to transporters not operating long
distance journeys upon application, provided that they comply with points (a) to (d)
of Article 10(1).

The  competent  authority  shall  issue  such  authorisations  in  accordance  with  the
specimen  set out  in Chapter  II  of Annex  III  and  valid  for  not  more  than  five  years
from the date of issue.

Article 12
Issue of authorisations by the competent authority

The  competent  authority  may  limit  the  scope  of  an  authorisation  provided  for  in
Article  10(1)  or  Article  11(1)  according  to  criteria  that  may  be  verified  during
transport.

2.

1.

2.

1.

29

2.

3.

4.

The competent authority shall issue each authorisation provided for in Article 10(1)
or Article 11(1) with a number unique in the Member State. The authorisation shall
be drawn up at least in one of the official languages of the Member State of issue and
two other official languages of the Community.

The competent authority shall record authorisations provided for in Article 10(1) or
Article  11(1)  in  a  manner  enabling  the  competent  authority  to  identify  transporters
rapidly in particular in the  event of failure to comply with the  requirements  of  this
Regulation.

The competent authority shall record authorisations issued pursuant to Article 10(1)
in  an  electronic  database.  Data  referred  to  in  the  specimen  set  out  in  Chapter  I  of
Annex III shall be made publicly and permanently available. The database shall also
include decisions notified under Article 25(4)(c) and Article 25(6) and (7).

Article 13
Checks and measures to be taken by the competent authority before long distance journeys

For  long  distance  journeys  for  domestic  equidae  and  domestic  animals  of  bovine,  ovine,
caprine and porcine species, the competent authority of the place of departure shall:

(a)

carry out appropriate checks to verify that:

(i)

(ii)

transporters  indicated  in  the  journey  log  have  the  relevant  authorisations  and
certificates;

the journey log submitted by the organiser is credible and indicates compliance
with this Regulation;

(b)

(c)

where the outcome of the checks provided for in point (a) are not satisfactory, require
the  organiser to change the  arrangements  for  the  intended  long  distance  journey  so
that it complies with this Regulation;

send details as soon as possible of the intended long distance journey set out in the
journey log to the competent authority of the place of destination or of the exit point.

Article 14
Checks to be carried out by the competent authority at any stage of a long distance journey

The competent authority shall carry out at any stage of the long distance journey appropriate
checks on a  random  or  targeted  basis  to  verify  that  declared  journey  times  are  credible  and
comply  with  this  Regulation.  In  particular  the  competent  authority  shall  verify  that  travel
times and rest periods have complied with the limits set out in Chapter V of Annex I.

30

Article 15
Training of staff and equipment of the competent authority

The competent authority shall ensure that its staff are duly trained and equipped to check data
recorded by the recording  equipment in road transport as provided for by Regulation (EEC)
No 3821/85.

1.

2.

1.

2.

Article 16
Training courses and training certificate

Training courses shall be available for personnel of transporters and assembly centres
for the purposes of Article 6(4) and Article 9(2)a.

The training certificate for drivers of road vehicles transporting domestic equidae or
domestic animals of bovine, ovine, caprine, porcine species or poultry as referred to
in Article 6(5) shall be granted in accordance with Annex IV. The training certificate
shall be drawn up in at least one of the official languages of the Member State where
it  is  issued  and  of  two  other  official  languages  of  the  Community.  The  training
certificate  shall  be  issued  by  the  competent  authority  or  body  designated  for  this
purpose  by  the  Member  States  and  in  accordance  with  the  specimen  set  out  in
Chapter III of Annex III.

Article 17
Certificate of approval of means of transport by road

The competent authority or body designated by Member State shall grant a certificate
of  approval  for  means  of  transport  by  road  used  for  long  distance  journeys  upon
application provided that the means of transport:

(a)

(b)

are  not  the  subject  of  an  application  submitted  to  or  an  approval  by  another
competent authority in the same or another Member State;

have  been  favourably  inspected  by  the  competent  authority  regarding  the
requirements  of  Chapters  II  and  VI  of  Annex  I  applicable  to  the  design,  the
construction and the maintenance of means of transport by road used for long
distance journeys.

The  competent  authority  or  body  designated  by  Member  State  shall  issue  each
certificate  with  a  number  unique  in  the  Member  State  and  in  accordance  with  the
specimen set out in Chapter IV of Annex III. The certificate shall be drawn up in at
least one of the official languages of the Member State of issue and two other official
languages of the Community. Certificates shall be valid for a period of not more than
five  years  from  the  date  of  issue  and  shall  be  renewed  any  time  the  means  of
transport is modified or refitted.

31

Article 18
Certificate of approval of livestock vessels

1.

The competent authority or body designated by Member State shall grant a certificate
of approval for a livestock vessel upon application, provided that the vessel is:

2.

3.

4.

1.

(a)

regularly operated from the Member State where the application is made;

(b)

(c)

is  not  the  subject  of  an  application  submitted  to  or  an  approval  by  another
competent authority in the same or another Member State;

has  been  favourably  inspected  by  the  competent  authority  regarding  the
construction and equipment requirements for livestock vessels of Chapter IV of
Annex I.

The  competent  authority  or  body  designated  by  Member  State  shall  issue  each
certificate with a number unique in the Member State. The certificate shall be drawn
up in at least one of the official languages of the Member State of issue and two other
official  languages  of the Community. Certificates  shall not  be valid  for a  period  of
more  than  five  years  from  the  date  of  issue  and  shall  be  renewed  any  time  the
livestock vessel is modified or refitted.

The  competent  authority  shall  record  approved  livestock  vessels  in  a  manner
enabling them to be rapidly identified in particular in the event of failure to comply
with this Regulation.

Member States may apply additional national rules for livestock vessels under their
flag.

Article 19
Livestock vessel inspection at loading and unloading

The competent authority shall inspect livestock vessels before any loading of animals
in order to verify in particular that:

(a)

(b)

(c)

the  livestock  vessel  is  built  and  equipped  for  the  number  and  the  type  of
animals to be transported;

compartments where animals are to be accommodated remain in a good state of
repair;

the equipment referred to in Chapter IV of Annex I remains in good working
order.

2.

The  competent  authority  shall  inspect  livestock  vessels  before  and  during  any
unloading operations of animals in order to verify in particular that:

(a)

the animals are fit to continue their journey;

32

(b)

unloading  operations  are  being  carried  out  in  compliance  with  Chapter  III  of
Annex I.

Article 20
Checks at exit points and border inspection posts

1.

Without  prejudice  to  the  checks  provided  for  in  Article  2  of  Regulation  (EC)  No
639/2003  where  animals  are  presented  at  exit  points  or  border  inspection  posts,
official  veterinarians  of  the  Member  States  shall  check  that  the  animals  are
transported in compliance with this Regulation and in particular:

(a)

(b)

that transporters have submitted a copy of a valid authorisation as provided for
in Article 10(1) or in Article 11(1);

that drivers  of  road  vehicles  transporting  domestic  equidae,  domestic  animals
of  bovine,  ovine,  caprine,  porcine  species  or  poultry  have  presented  a  valid
training certificate as provided for in Article 16(2);

(c)

that the animals are fit to continue their journey;

(d)

(e)

that the means of transport by which the animals are to continue their journey
complies with Chapter II and when applicable Chapter VI of Annex I.

that,  in  case  of  export,  transporters  have  provided  evidence  that  the  journey
from the place of departure up to the first place of unloading in the country of
final  destination  indicates  compliance  with  any  international  agreement  listed
in Annex V applicable in the third countries concerned;

(f) whether domestic equidae and domestic animals of bovine, ovine, caprine and
porcine species have been or are to be transported over a long distance journey.

In the case of long distance journeys for domestic equidae and domestic animals of
bovine,  ovine,  caprine  and  porcine  species  official  veterinarians  of  exit  points  and
border  inspection  posts  shall  perform  and  record  the  checks  listed  in  the  Section  3
"Place of destination" of Annex II. Records of those checks and the check provided
for in paragraph 1 shall  be  kept  by  the  competent  authority  for  a  period  of  at  least
five years from the date of the checks including a copy of the corresponding record
sheet  or  printing  as  referred  to  in  Annex  I  or  Annex  IB  to  Regulation  (EEC)
No 3821/85 if the vehicle is covered by that Regulation.

Where  the  competent  authority  considers  that  animals  have  been  neglected  or
maltreated during the journey and are therefore not fit to complete their journey, they
shall be unloaded, watered, fed and rested.

2.

3.

33

1.

2.

1.

Article 21
Delay during transport

The competent authority shall take the necessary measures to prevent or reduce to a
minimum  any  delay  during  transport  or  suffering  by  animals  when  unforeseeable
circumstances  impede  the  application  of  this  Regulation.  The  competent  authority
shall  ensure  that  special  arrangements  are  made  at  the  place  of  transfers  and  exit
points and border inspection posts to give priority to the transport of animals.

No  consignment  of  animals  shall  be  detained  during  transport  unless  it  is  strictly
necessary  for  the  welfare  of  the  animals  or  reasons  of  public  safety.  If  any
consignment of animals has to be detained during transport for more than two hours,
the competent authority shall ensure that appropriate arrangements are made for the
care  of  the  animals  and,  where  necessary,  their  feeding,  watering,  unloading  and
accommodation.

CHAPTER IV

Enforcement and exchange of information

Article 22
Emergency actions in the event of non-compliance with this Regulation by transporters

Where a competent authority finds that any provision of this Regulation is not being
complied  with,  or  has  not  been  complied  with,  it  shall  take,  or  require  the  person
responsible  for  the  animals  to  take,  any  necessary  action  required  safeguarding  the
welfare of the animals.

Such  action  shall  not  be  likely  to  cause  unnecessary  or  additional  suffering  to  the
animals and shall be proportionate to the seriousness of the risks involved.

2.

Depending on the circumstances of each case, such action may include:

(a)

a change of driver or attendant;

(b)

temporarily repairing the means of transport so as to prevent immediate injury
to the animals;

(c)

transferring the consignment or part of it to another means of transport;

(d)

returning the animals to their place of departure by the most direct route;

(e)

unloading  the  animals  and  holding  them  in  suitable  accommodation  with
appropriate care until the problem is resolved.

34

3.

4.

5.

1.

2.

In case there is no other means to safeguard the welfare of the animal, they shall be
humanely killed or euthanasied.

Where action is to be taken due to non-compliance with this Regulation as referred to
in paragraphs 1, and it is necessary to transport the animals in breach of some of the
provisions of this Regulation, the competent authority shall issue an authorisation for
the transport of those animals. The authorisation shall identify the animals concerned
and define the conditions under which they may be transported until full compliance
with this Regulation. Such authorisation shall accompany the animals.

The  competent  authority  shall  immediately  arrange  to  have  the  necessary  actions
carried out if the person  responsible for the animals  cannot be contacted or fails to
comply with its instructions.

Decisions taken by the competent authorities and the reasons for such decisions shall
be  notified  as  soon  as  possible  to  the  transporter  or  his  representative  and  to  the
competent authority that granted the authorisation as provided for in Article 10(1) or
Article  11(1).  If  necessary  competent  authorities  shall  provide  assistance  to  the
transporter to facilitate the exploitation of the required emergency actions.

Article 23
Mutual assistance and exchange of information

The  rules  and  information  procedures  set  out  in  Council  Directive  89/608/EEC19
shall apply for the purposes of this Regulation.

Each Member State shall communicate details of a contact point for the purposes of
this Regulation to the Commission, including, where available, an electronic address,
within three months of the date of entry into force of this Regulation as well as any
update of such data. The Commission shall forward details of the contact point to the
other Member States within the framework of the Standing Committee on the Food
Chain and Animal Health.

Article 24
Penalties

The Member States shall lay down the  rules on  penalties  applicable  to  infringements  of  the
provisions  of  this  Regulation  and  shall  take  all  measures  necessary  to  ensure  that  they  are
implemented. The penalties provided for must be effective, proportionate and dissuasive. The
Member  States  shall  notify  those  provisions,  as  well  as  provisions  for  the  application  of
Article 25, to the Commission by dd/mm/yy  [insert  18  months  after  the  date of  publication]. at the
latest and shall notify it without delay of any subsequent amendment affecting them.

19

OJ L 351, 2.12.1989, p. 34.

35

                                                
1.

2.

3.

4.

5.

6.

7.

Article 25
Infringements and notification of infringements

In  the  case  of  any  infringements  of  this  Regulation,  the  competent  authority  shall
take the specific measures provided for in paragraphs 2 to 7.

Where  a  competent  authority  establishes  that  a  transporter  has  not  observed,  or  a
means of transport does not comply with this Regulation, it shall notify without delay
the  competent  authority  that  granted  the  authorisation  to  the  transporter  or  the
certificate of approval  of  the  means  of  transport.  Any  relevant  data  and  documents
shall accompany such notification.

Where  a  competent  authority  of  a  place  of  destination  finds  that  the  journey  took
place in breach of this Regulation, the competent authority shall notify without delay
the competent authority of the place of departure. Any relevant data and documents
shall accompany such notification.

Where a competent authority receives a notification as provided for in paragraph (2)
or (3) it shall, if appropriate:

(a)

require  the  transporter  concerned  to  remedy  the  breaches  observed  and
establish systems to prevent their recurrence;

(b)

submit the transporter concerned to additional checks;

(c)

suspend  or  withdraw  the  authorisation  of  the  transporter  or  the  certificate  of
approval of the means of transport concerned.

In  the  case  of  infringement  of  this  Regulation  by  a  driver  holding  a  training
certificate as provided for in Article 16 (2), the competent authority may suspend or
withdraw  the  training  certificate,  in  particular  if  the  infringement  shows  that  the
driver  lacks  sufficient  knowledge  or  awareness  to  transport  animals  in  compliance
with this Regulation.

In the case of repeated or serious infringements of this Regulation, a Member State
may  temporarily  prohibit  the  transporter  or  means  of  transport  concerned  from
transporting animals on its territory, even if the transporter or the means of transport
is authorized by another Member State, provided that all the possibilities afforded by
mutual  assistance  and  exchange  of  information  as  provided  for  in  Article  23  have
been exhausted.

Member States shall ensure that all the contact points as provided for in Article 23(2)
are notified without delay of any decision taken under paragraph 4 (c), or paragraphs
5 or 6.

36

Article 26
Inspections and annual reports by the competent authorities

1.

2.

The  competent  authority  shall  check  that  the  requirements  of  this  Regulation  have
been  complied  with,  by  carrying  out  non-discriminatory  inspections  of  animals,
means of transport and accompanying documents. Such inspections must be carried
out  on  an  adequate  proportion  of  the  animals  transported  each  year  within  each
Member State, and may be carried out at the same time as checks for other purposes.
The  proportion  of  inspections  shall  be  increased  where  it  is  established  that  the
provisions of this Regulation have been disregarded. The above proportions shall be
determined in accordance with the procedures referred to in Article 30 (2).

The  competent  authority  shall  submit  to  the  Commission  by  30  June  each  year  an
annual  report  of  the  previous  year  on  the  inspections  provided  for  in  paragraph  1.
The  report  shall  be  accompanied  by  an  analysis  of  the  major  deficiencies  detected
and an action plan to address them.

Article 27
On-the-spot checks

Veterinary  experts  from  the  Commission  may,  in  collaboration  with  the  authorities  of  the
Member State concerned and, in so far as it is necessary to ensure uniform application of this
Regulation,  make  on-the-spot  checks  in  accordance  with  the  procedures  laid  down  in
Commission Decision 98/139/EC20.

Article 28
Guides to good practice

Member  States  shall  encourage  the  development  of  guides  to  good  practice  which  shall
include guidance on the compliance with this Regulation and in particular with Article 10(1).

CHAPTER V

Implementing Powers and Committee Procedure

1.

2.

20

Article 29
Annexes and implementing rules

The  Annexes  may  be  amended  in  accordance  with  the  procedure  referred  to  in
Article 30(2).

Any  detailed  rules  necessary  for  the  implementation  of  this  Regulation  may  be
adopted in accordance with the procedure referred to in Article 30(2).

OJ L 38, 12.2.1998, p. 10.

37

                                                
3.

4.

5.

6.

1.

2.

The obligation to hold a training certificate as provided for in Article 6 (5) may be
extended  to  drivers  of  other  domestic  species  in  accordance  with  the  procedure
referred to in Article 30(2).

Derogations  from  Article  7  may  be  adopted  in  accordance  with  the  procedure
referred  to  in  Article  30(2)  in  particular  in  order  to  take  account  of  regional
specificities.

Derogation  from  paragraph  2(e)  of  Chapter  I  of  Annex  I  may  be  adopted  by  the
Commission  in  case  of  exceptional  market  support  measures  due  to  movement
restrictions under veterinary disease control measures. The Committee referred to in
Article 30 is informed about any measures adopted.

Requirements  for  long  distance  journeys  for  animals  other  than  domestic  equidae,
and domestic animals of bovine, ovine, caprine and porcine species may be adopted
in accordance with the procedure as referred to in Article 30(2).

Article 30
Regulatory procedure

The Commission shall be assisted by the Standing Committee on the Food Chain and
Animal  Health  instituted  by  Article  58  of  Regulation  (EC)  No  178/2002  of  the
European  Parliament  and  of  the  Council21,  composed  of  representatives  of  the
Member States and chaired by the representative of the Commission.

Where  reference  is  made  to  this  paragraph,  the  regulatory  procedure  laid  down  in
Article  5  of  Council  Decision  1999/468/EC22  shall  apply,  in  compliance  with
Article 7  thereof.  The  period  laid  down  in  Article  5  (6)  of  Decision  1999/468/EC
shall be three months.

3.

The Committee shall adopt its rules of procedure.

CHAPTER VI

Final Provisions

Article 31
Repeals

Directive  91/628/EEC  and  Regulations  (EC)  No  1255/97  and  (EC)  No  411/98  are  repealed
from  the  1  January  2004.  References  to  the  repealed  Directive  and  Regulations  shall  be
construed as references to this Regulation.

21

22

OJ L 31, 1.2.2002, p. 1.
OJ L 184, 17.7.1999, p. 23.

38

                                                
Article 32
Amendments to Directive 64/432/EEC

Directive 64/432/EEC is amended as follows:

1.

Article 11 is amended as follows:

(a)

The following point (ee) is inserted after paragraph (1)(e):

'(ee) comply with the  provisions of  Directive  98/58/EC  and  Regulation  (EC)

No xxx / xxx applicable to them;'

(b)

Paragraph (4) is replaced by the following: :

'4.

The competent authority may suspend or withdraw approval in the event
of failure to comply with  this Article or other appropriate  provisions  of
this Directive, or of Regulation xxx / xxx or other Community veterinary
legislation  listed  in  Chapter  I  of  Annex  A  to  Directive  90/425/EEC*.
Approval may be restored when the competent authority is satisfied that
that  assembly  centre  is  in  full  compliance  with  all  the  appropriate
provisions referred to in this paragraph.

*

OJ L 224, 18.8.1990, p. 29.’

2.

Article 12 is replaced by the following:

'Article 12

1. Member States shall ensure that the transporters meet the following additional

conditions:

(a)

for the carriage of animals they must use means of transport that are:

(i)

(ii)

constructed in such a way that the animal faeces, litter or feed can
not leak or fall out of the vehicle; and

cleaned  and  disinfected  immediately  after  every  animal  transport
operation  or  that  of  any  product  which  could  affect  animal  health
and  if  necessary  before  any  new  loading  of  animals,  using
disinfectants officially authorized by the competent authority;

(b)

they must either:

(i)

have  appropriate  cleaning  and  disinfection  facilities  approved  by
the  competent  authority,  including  facilities  for  storing  litter  and
dung; or

(ii)

provide documentary evidence that these operations are performed
by a third party approved by the competent authority.

39

2.

The  transporter  must  ensure  that  for  each  vehicle  used  for  the  transport  of
animals a register is  kept containing  at  least  the  following  information  which
shall be retained for a minimum period of three years:

(a)

places, dates  and  times  of  pick-up,  and  the  name  or  business  name  and
address of the holding or assembly centre where the animals are picked
up;

(b)

places, dates  and times of delivery, and the name or business name  and
address of the consignee(s);

(c)

species and number of animals carried;

(d)

date and place of disinfection;

(e)

details of accompanying documentation including the number;

(f)

expected duration of each journey.

3.

Transporters shall ensure that the  consignment or animals do not at any  time,
between leaving the holdings or the assembly  centre of origin  and  arriving  at
their destination, come into contact with animals of a lower health status.

4. Member States shall ensure that transporters give a written undertaking stating
in particular that all measures necessary to comply with this Directive shall be
taken  and  in  particular  the  provisions  of  this  Article  and  relating  to  the
appropriate documentation that must accompany the animals.

5.

6.

This article shall not apply to persons  transporting  animals  up to a  maximum
distance  of  50  km  counted  from  the  place  of  departure  to  the  place  of
destination.

In  the  event  of  failure  to  comply  with  this  Article  the  provisions  concerning
infringements and notifications of infringements provided for in Article 25 of
Regulation  (EC)  No  xxx/xxx  shall  apply  mutatis  mutandis  relating  to  animal
health. '

Article 33
Amendment to Directive 93/119/EC

In Annex A to Directive 93/119/EC, paragraph 3 of Part II is replaced by the following:

'3.

Animals  must  be  moved  with  care.  Passageways  must  be  so  constructed  as  to
minimise the risk of injury to animals, and so arranged as to exploit their gregarious
tendencies.  Instruments  intended  for  guiding  animals  must  be  used  solely  for  that
purpose, and only for short periods.'

40

Article 34
Entry into force and date of application

This Regulation shall enter into force on the twentieth day following that of its publication in
the Official Journal of the European Union.

It shall apply from dd/mm/yy [insert 18 months after the date of publication].

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

Done at Brussels,

For the Council
The President

41

ANNEX I - TECHNICAL RULES as referred to in Article 6(3), Article 8(1), Article 9(1)
and (2)(a)

Chapter I – Fitness for transport

1.

2.

No animal shall be transported unless it is fit for the intended journey.

Animals  that  are  injured  or  that  present  physiological  weaknesses  or  pathological
processes shall not be considered fit for transport and in particular if:

(a)

they are unable to move independently without pain or to walk unassisted;

(b)

they present a severe open wound or prolapse;

(c)

they  are  pregnant  females  for  whom  90%  or  more  of  the  expected  gestation
period  has  already  passed,  or  females  who  have  given  birth  in  the  previous
week;

(d)

they are new-born mammals in which the navel has not completely healed;

(e)

they are pigs of less than four weeks, lambs of less than one week and calves of
less than two weeks of age unless they are transported less than 100 km;

(f)

they are cervine animals in velvet.

3.

However, ill or injured animals may be considered fit for transport if they are:

(a)

slightly injured or ill whose transport would not cause unnecessary suffering;

(b)

(c)

transported for the purposes of Council Directive 86/609/EEC1 if the illness or
injury is part of the research programme;

transported under veterinary supervision for veterinary treatment or diagnosis.
However,  such  transport  shall  be  permitted  only  where  no  unnecessary
suffering or ill treatment is caused to the animals concerned.

When animals fall ill or are injured during transport, they shall be separated from the
others  and  receive  first-aid  treatment  as  soon  as  possible.  They  shall  be  given
appropriate  veterinary  treatment  and  if  necessary  undergo  emergency  slaughter  or
killing in a way which does not cause them any unnecessary suffering.

Sedatives shall not be used on animals to be transported unless strictly necessary to
ensure the welfare of the animals and shall only be used following veterinary control.

Lactating  females  of  bovine,  ovine  and  caprine  species  not  accompanied  by  their
offspring shall be milked at intervals of not more than 12 hours.

4.

5.

6.

1

OJ L 358, 18.12.1986, p. 1.

42

                                                
Chapter II – Means of transport

1.

1.1

1.2

1.3

1.4

1.5

PROVISIONS FOR ALL MEANS OF TRANSPORT

Means  of  transport,  containers  and  their  fittings  shall  be  designed,  constructed,
maintained and operated so as to:

(a)

avoid injury and suffering and to ensure the safety of the animals;

(b)

protect  the  animals  from  inclement  weather  and  adverse  changes  in  climatic
conditions; they shall always be equipped with a roof;

(c)

be cleaned and disinfected;

(d)

(e)

prevent the animals escaping or falling out and be able to withstand the stresses
of movements;

ensure that air quality  and quantity  appropriate  to  the  species  transported  can
be maintained;

(f)

provide access to the animals to allow them to be inspected and cared for;

(g)

(h)

present  a  flooring  surface  that  is  anti-slip  and  minimise  leakage  of  urine  and
faeces;

provide  a  means  of  lighting  sufficient  for  inspection  and  care  of  the  animals
during transport.

Sufficient space should be provided inside the animals' compartment and at each of
its levels to ensure that there is adequate ventilation above the animals when they are
in  a  naturally  standing  position  without  on  any  account  hindering  their  natural
movement.

For  wild  animals,  the  following  shall  be  placed  in  the  means  of  transport  or  the
containers:

(a)

a notice indicating that the animals are wild, timid or dangerous;

(b) written instructions about feeding and watering.

Partitions shall be strong enough to withstand the weight of animals. Fittings shall be
designed for quick and easy operation.

Piglets of less than 10 kg, lambs of less than 20 kg, calves of less than six months
and foals of less than four months of age shall be provided with appropriate bedding
material. It shall be sufficient to allow the animals to lie down without being in direct
contact with the floor.

43

1.6

2.

2.1

2.2

2.3

3.

3.1

3.2

4.

4.1

4.2

Where  transport  on  a  vessel,  an  aircraft  or  a  rail  wagon  is  to  last  more  than  three
hours, a means of killing suitable for the species shall be available to the attendant or
a  person  on  board  who  has  the  necessary  skill  to  perform  this  task  humanely  and
efficiently.

ADDITIONAL PROVISIONS FOR TRANSPORT BY ROAD OR RAIL

Vehicles  in  which  animals  are  transported  shall  be  clearly  and  visibly  marked
indicating the presence of live animals.

Road vehicles shall carry suitable equipment for loading and unloading.

When  assembling  trains  and  during  all  other  movement  of  rail  wagons  every
precaution shall be taken to avoid jolting of a rail wagon containing animals.

ADDITIONAL PROVISIONS FOR TRANSPORT ON ROLL-ON-ROLL-OFF VESSELS

Before loading onto a vessel the attendant shall verify that when vehicles are loaded:

(a)

on enclosed decks, the vessel is equipped with an appropriate forced ventilation
system and it is fitted with alarm system and an adequate secondary source of
power in case of failure;

(b)

on open decks, adequate protection from sea water is provided.

Road  vehicles  and  rail  wagons  shall  be  equipped  with  a  sufficient  number  of
adequately designed, positioned and maintained securing points enabling them to be
securely fastened to the vessel. Road vehicles and rail wagons shall be secured to the
vessel  before  the  start  of  the  sea  journey  to  prevent  them  being  displaced  by  the
motion of the vessel.

ADDITIONAL PROVISIONS FOR TRANSPORT BY AIR

Animals shall be transported in containers, pens or stalls appropriate for the species,
in accordance with the relevant International Air Transport Association (IATA) live
animals regulations.

Animals  shall  be  transported  only  in  conditions  where  air  quality,  temperature  and
pressure  can  be  maintained  within  an  appropriate  range  during  the  entire  journey,
having regard to the species of animals.

44

5.

5.1

5.2

5.3

1.

1.1

ADDITIONAL PROVISIONS FOR TRANSPORT IN CONTAINERS

Containers  in  which  animals  are  transported  shall  be  clearly  and  visibly  marked,
indicating  the  presence  of  live  animals  and  with  a  sign  indicating  the  top  of  the
container.

During  transport  and  handling,  containers  shall  always  be  kept  upright  and  severe
jolts  or  shaking  shall  be  minimised.  Containers  shall  be  secured  so  as  to  prevent
displacement due to the movement of the means of transport.

Heavy containers shall be equipped with a sufficient number of adequately designed,
positioned and maintained securing points enabling them to be  securely  fastened to
the means of transport where they are to be loaded. Containers shall be secured to the
means of transport before the start of the journey to prevent displacement due to the
motion of the means of transport.

Chapter III – Transport practices

LOADING, UNLOADING AND HANDLING

Due  regard  shall  be paid  to  the  need  of  certain  categories  of  animals,  such  as  wild
animals,  to  become  acclimatised  to  the  mode  of  transport  prior  to  the  proposed
journey.

1.2

Where loading or unloading operations last for more than six hours:

(a)

(b)

appropriate  facilities  shall  be  available  in  order  to  keep,  feed  and  water  the
animals outside the means of transport without being tied;

operations  shall  be  supervised  by  an  authorised  veterinarian  and  particular
precautions shall be taken to ensure that the welfare of the animals is properly
maintained during these operations.

Facilities and procedures

1.3

Facilities  for  loading  and  unloading,  including  the  flooring  shall  be  designed,
constructed, maintained and operated so as to:

(a)

prevent  injury  and  suffering  and  minimise  excitement  and  distress  during
animal movements as well as to ensure the safety of the animals, in particular
surfaces shall not be slippery and lateral protections shall be provided so as to
prevent animals from escaping;

(b)

be cleaned and disinfected.

45

1.4

1.5

1.6

1.7

Ramps shall not be steeper than 33,3 % on the horizontal level for pigs, calves and
horses and than 50 % for sheep and cattle other than calves provided that ramps are
equipped with cleats with intervals at a maximum of 30 centimetres.

Goods which are being transported in the same means of transport as animals shall
be positioned so that they do not cause injury or suffering or distress to the animals.

Appropriate lighting shall be provided during loading and unloading.

When containers are loaded with animals placed one on top of the other on the means
of transport, the necessary precautions shall be taken to avoid urine and faeces falling
on the animals placed underneath.

Handling

1.8

It shall be prohibited to:

(a)

strike or kick the animals;

(b)

apply pressure to any particularly sensitive part of the body;

(c)

suspend the animals themselves by mechanical means;

(d)

lift or drag the animals by head, ears, horns, legs, tail or fleece, or handle them
in such a way as to cause them unnecessary pain or suffering;

(e)

use instruments which administer electric shocks;

(f)

use prods or other implements with pointed ends;

1.9

1.10

(g)

knowingly obstruct any  animal which  is being driven or led through any part
where animals are handled.

Markets  or  assembly  centres  shall  provide  equipment  for  tethering  animals  when
necessary.

Animals  shall  not  be  tied  by  the  horns,  the  antlers,  the  nose  rings  nor  by  legs  tied
together.  Calves  shall  not  be  muzzled.  Equidae  shall  wear  halters  during  transport
except  for  unbroken  foals.  When  animals  are  tied,  the  ropes,  the  tethers  or  other
means used shall be:

(a)

strong enough not to break during normal transport conditions;

(b)

(c)

long  enough  to  allow  the  animals,  if  necessary,  to  lie  down  and  to  eat  and
drink;

designed in such a way  as to eliminate any  danger  of  strangulation  or  injury,
and so as to allow animals to be quickly released.

46

Separation

1.11

Animals shall be handled and transported separately in the following cases:

(a)

animals of different species;

(b)

animals of significantly different sizes or ages;

(c)

adult breeding boars or stallions;

(d)

animals with horns and without horns;

(e)

animals hostile to each other;

(f)

tied and untied animals.

1.12

Points (a) to (d) of paragraph 1.11 shall not apply where the animals have been raised
in  compatible  groups,  are  accustomed  to  each  other,  where  separation  will  cause
distress or where females are accompanied by dependent young.

2.

2.1

2.2

2.3

2.4

1.

DURING TRANSPORT

Space allowances, including the height of compartment, and group size shall at least
comply  with  the  figures  laid  down,  in  respect  of  the  animals  and  the  means  of
transport referred to, in Chapter VII.

Paragraphs 1.9 to 1.12 shall apply mutadis mutandis to the means of transport.

Sufficient  ventilation  shall  be  provided  to  ensure  that  the  needs  of  the  animals  are
fully met taking into account in particular the number and type of the animals to be
transported and the expected weather conditions during the journey. Containers shall
be stowed in a way which does not impede their ventilation.

During transport, animals shall be offered water, feed and the opportunity to rest as
appropriate to their species and age, at suitable intervals and in particular as referred
to  in  Chapter  V.  The  water  and  feed  shall  be  of  good  quality  and  presented  to  the
animals in a way which minimises contamination.

Chapter IV – Additional provisions for livestock vessels

Strength  for  pen  rails  and  decks  shall  be  appropriate  to  the  transported  animals.
Strength calculations of pen  rails and decks shall be verified during construction or
conversion  of  the  livestock  vessel  by  a  classification  society  approved  by  the
competent authority.

47

2.

3.

4.

5.

6.

7.

8.

Compartments where animals are to be transported shall be equipped with a forced
ventilation  system  which  gives  sufficient  capacity  to  change  the  air  in  its  entire
volume as follows:

(a)

(b)

40  airchanges  per  hour  if  the  compartment  is  fully  enclosed  and  the  clear
height is less or equal to 2.30 meters;

30  airchanges  per  hour  if  the  compartment  is  fully  enclosed  and  the  clear
height is more than 2.30 meters;

(c)

75 % of the above relevant capacity if the compartment is partially enclosed.

Storage or production capacity for fresh water shall be appropriate to meet the water
requirement laid down in Chapter VI taking into account the maximum number and
the  type  of  animals  to  be  transported  as  well  as  the  maximum  duration  of  the
intended journeys.

Fresh  water  system  shall  be  capable  of  supplying  freshwater  continuously  in  each
livestock area and sufficient receptacles shall be available to ensure that all animals
have easy  and constant  access  to fresh water.  Alternative pumping  equipment  shall
be  available  to  ensure  water  supply  in  the  event  of  failure  of  the  primary  pumping
system.

Drainage system shall be of appropriate capacity to drain fluids from pens and decks
under all conditions. Drainpipes and channels shall collect the fluids in wells or tanks
from  where  sewage  can  be  discharged  by  means  of  pumps  or  ejectors.  Alternative
pumping equipment shall be available to ensure drainage in the event of failure of the
primary pumping system.

Livestock  areas,  passageways  and  ramps  to  livestock  areas  shall  be  provided  with
sufficient lighting. Emergency lighting shall be available in case of  a  failure  of  the
main electrical installation. Sufficient portable lighting shall be provided to allow the
attendant adequate inspection and care of the animals.

A fire fighting system shall be appropriately installed in all livestock areas and fire
equipment  within  the  livestock  areas  shall  comply  with  the  most  recent  the
International Convention for the Safety of Life at Sea (SOLAS) standards regarding
fire protection, fire detection and fire extinction.

The following systems for livestock shall be equipped with a monitoring, control and
alarm system in the wheelhouse:

(a)

ventilation;

(b)

fresh water supply and drainage;

(c)

lighting;

(d)

fresh water production if necessary.

48

9.

A  primary  source  of  power  shall  be  sufficient  to  supply  continuous  power  for  the
systems  for  livestock  referred  to  in  paragraphs  (2)  (4)  (5)  and  (6)  under  normal
operation of the livestock vessel. A secondary source of power shall be sufficient to
replace the primary source of power for a continuous period of three days.

Chapter V - Journey times

For the purpose of this Chapter:

(a)

(b)

1.

1.1

‘rest period’ means an uninterrupted period in the course of a journey during which
animals  are  watered  and  fed,  without  being  moved  in  a  means  of  transport  and
allowed to rest. Where vehicles or wagons are loaded onto a roll-on-roll-off vessel,
time spent on the vessel shall be considered as  a period when animal are not being
moved in a means of transport and allowed to rest.

‘travel time’ means a period during a journey which is not interrupted by a minimum
rest period as provided for in points (d) and (e) of paragraph 1.1 of section 1.

DOMESTIC  EQUIDAE,  DOMESTIC  ANIMALS  OF  BOVINE,  OVINE,  CAPRINE  AND
PORCINE SPECIES

Long  distance  journeys  are  only  permitted  for  domestic  equidae  and  domestic
animals of bovine, ovine, caprine and porcine species if:

(a)

domestic  equidae  are  more  than  four  months  of  age  and  in  the  case  of  pigs
weigh more than 10 kg;

(b)

the additional provisions of Chapter VI are met;

(c)

the space requirements for long distance journeys of Chapter VII are met and;

(d)

(e)

(f)

for transport by road, travel times do not exceed 9 hours and rest periods are at
least of 12 hours. The 9 hours of travel time do not include the 45 minutes of
driver  rest  during  which  the  vehicle  is  stationary.  Sequences  of  travel  times
may be repeated during a journey. Member States may apply shorter transport
periods  for  transport  which  originates  in  and  takes  place  exclusively  within
their own territory;

for transport by rail, travel times and rest periods meet the provisions of Table
1.  A  sequence  of  travel  times  and  rest  periods  may  be  repeated  during  a
journey;

The provisions of points (a), (d), and (e) shall not apply to registered equidae as
referred to in Directive 90/426/EEC2.

2

OJ L 224, 18.8.1990, p. 42.

49

                                                
Table 1 – Sequence of maximum travel times and minimum rest periods for transport
by rail (in hours).

Category

Travel
time

T1

Rest
period

R1

Travel
time

T2

Rest
period

R2

Equidae and pigs

Calves up to six months

Lambs and kids up to 20 kg

Other bovine, ovine and caprine
animals

8

12

6

6

8

12

24

24

2.

2.1

2.2

2.3

OTHER SPECIES

For  poultry,  domestic  birds  and  domestic  rabbits,  suitable  food  and  water  shall  be
available in adequate quantities, save in the case of a journey lasting less than:

(a)

12 hours; or

(b)

24 hours for chicks of all species, provided that it is completed within 72 hours
after hatching.

Dogs and cats being transported shall be  fed at intervals of not more than 24 hours
and given water at intervals of not more than eight hours. There shall be clear written
instructions about feeding and watering.

Wild animals shall be transported  in  accordance with the written instructions  about
feeding and watering and taking into account any special care required.

Chapter VI - Additional provisions for long distance journeys of
domestic equidae and domestic animals of bovine, ovine, caprine
and porcine species

1.

ALL LONG DISTANCE JOURNEYS

Bedding

1.1

Animals  shall  be  provided  with  appropriate  bedding  material.  It  shall  be  sufficient
that animals can lie down without being in direct contact with the floor.

50

1.2

1.3

1.4

1.5

1.6

1.7

1.8

1.9

2.

2.1

2.2

2.3

Feed

Equidae shall have permanent access to hay.

The  means  of  transport  shall  carry  a  sufficient  quantity  of  appropriate  feedingstuff
for the feeding requirements of the animals in question during the journey concerned.
The feedingstuffs shall be protected from the weather and from contaminants such as
dust, fuel, exhaust gases and animal urine and dung.

Where specific feeding equipment is used for the feeding of animals, that equipment
shall be transported in the means of transport.

Where  feeding  equipment  as  referred  to  in  paragraph  1.4  is  used,  it  shall  be  so
designed  that,  if  necessary,  it  is  attached  to  the  vehicle  to  prevent  its  being
overturned. When the means of transport is moving and when the equipment is not in
use, it shall be stored in a part of the vehicle separate from the animals.

Partitions

Equidae  shall  be  transported  in  individual  stalls  or  boxes  except  mares  travelling
with their foals.

Animals  shall  not  be  tied  during  movements  of  the  means  of  transport.  This
provision  does  not  apply  for  registered  equidae  as  referred  to  in  Directive
90/426/EEC.

The means of transport must be fitted with partitions so that separate compartments
may be created.

The partitions shall 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.

WATER SUPPLY FOR TRANSPORT BY ROAD, RAIL OR SEA CONTAINERS

The  vehicle  shall  be  equipped  with  a  water  supply  system  self-operated  by  the
animals, that makes it possible for the attendant to provide water instantly anytime it
is necessary during the journey, so that each animal has access to water.

The watering devices shall be in good working order and be appropriately designed
and positioned for the categories of animals to be watered on board the vehicle.

The water tanks’ total capacity for each vehicle shall be at least equal to 1.5 % of its
maximum  payload.  Water  tanks  must  be  designed  so  that  they  can  be  drained  and
cleaned after each journey and must be fitted with a system allowing their water level
to be checked. They must be connected to drinking devices within the compartments
and maintained in good working order.

51

3.

3.1

3.2

3.3

3.4

VENTILATION FOR TRANSPORT BY ROAD

Ventilation systems on road vehicles shall be designed, constructed and maintained
in such way that, at any time during the journey, whether the vehicle is stationary or
moving, they are capable of maintaining the temperature adjusted for humidity in the
vehicle between the maximum and minimum temperatures set out in Table 1.

The  ventilation  systems  must  ensure  even  distribution  throughout  with  a  minimum
airflow  of  nominal  capacity  of  60  m3/h/KN  of  payload.  They  must  be  capable  of
operating at full capacity, independently of the vehicle engine, for at least 12 hours.

Vehicles must be fitted with a temperature and humidity monitoring system as well
as with a means of recording such data. Sensors must be located in the parts of the
lorry which, depending on its design characteristics, are most likely to experience the
worst climatic conditions.

Vehicles must be fitted with a warning system in order to alert the driver when the
temperature in the compartments where animals are located reaches the maximum or
the minimum limit.

Maximum temperature ºC

< 95%

= or >95%

32

32

29

29

< 80%

= or >80%

30

30

28

32

30

27

27

25

29

27

Species

Type/weight/age

Relative humidity

Pigs

 Up to 30 kg

More than 30 kg

Relative humidity

Bovine and
domestic
equidae

Sheep

Goats

Up to 26 weeks

More than 26
weeks

Long fleece

Short fleece

Table 1

Minimum
temperature ºC

15

12

5

0

0

10

6

52

4.

JOURNEYS EXCEEDING 24 HOURS

Without  prejudice  to  the  additional  provisions  provided  for  in  sections  1,  2  and  3,
where the intended journey time exceeds 24 hours:

(a)

(b)

vehicles or containers transported  by road or rail  shall carry  from  the time of
departure a quantity of feed corresponding at least to one daily requirements set
out in Table 2;

livestock vessels or containers transported by sea shall carry from the time of
departure  sufficient  bedding  as  well  as  sufficient  feed  and  water  to  cover  the
minimum daily feed and water supply requirements set out in Table 2 for the
intended  journey  plus  25%  or  three  days  spare  supply  of  bedding,  feed  and
water, whichever is the greater.

Table 2 – Minimum daily feed and water supply

Category

Cattle and
equidae

Sheep

Pigs

Feed

(in % of live weight of animals)

Hay

Concentrated feed

Fresh water
(litres per
animal)*

2

2

-

1.6

1.8

3

45

4

10

Hay may be replaced by concentrated feed and vice versa.

*

The minimum water supply requirements laid down in the fourth column may
be replaced for all species by a water supply of 10% of the body weight of the
animals.

Chapter VII - Space allowances

1.

DOMESTIC  EQUIDAE  AND  DOMESTIC  ANIMALS  OF  BOVINE,  OVINE,  CAPRINE  AND
PORCINE SPECIES

1.1

Minimum floor areas as set out in Tables 1, 2 and 3 shall be provided as follows:

(a) Area A1 for non-long distance journeys;

(b) Area A2 for long distance journeys.

53

1.2

1.3

1.4

1.5

1.6

1.7

An additional 10% shall be given to pregnant females in the last third of gestation for
the minimum floor area set out in Tables 1, 2 and 3. An additional 5% shall be given
to adult bovines with horns for the minimum floor area set out in Table 1.

For  pigs,  compartment  heights  shall  comply  with  the  minimum  figures  H1  with
forced ventilation and H2 with passive ventilation as set in Table 3.

When the average weight of the transported animals does not exactly match  one of
the  figures  set  out  Tables  1,  2  and  3,  an  interpolation  or  an  extrapolation  shall  be
calculated to determine the appropriate minimum value.

Equidae shall not be transported in multi-deck vehicles except if animals are loaded
on the lowest deck with no animals on higher decks. The minimum internal height of
compartment  shall  be  at  least  75  cm  higher  than  the  height  of  the  withers  of  the
highest animal.

For equidae, the minimum length of an individual stall or box shall be at least 60 cm
longer than the distance from nose to back of hindquarters. The minimum width of
the stall or box shall be at least 40 cm wider than the width of the widest point of the
body.

When equidae are in stalls, the top of the partition shall be at least at the height of the
withers and the bottom of the partition shall not be higher than the lowest point of the
belly. Bars or barriers shall separate the heads of adjacent horses.

54

Table 1 – Equidae and bovine animals

Average weight in
kg

Equidae

Bovine

Area A1 per
animal in m2

Area A1 per
animal in m2

Area A2 per
animal in m2

50

100

150

200

250

300

350

400

450

500

550

600

650

700

750

800

0,488

0,625

0,763

0,900

1,038

1,175

1,313

1,450

1,588

1,725

1,863

2,000

2,125

2,250

2,375

2,500

0,289

0,459

0,603

0,731

0,849

0,959

1,064

1,163

1,259

1,351

1,440

1,526

1,610

1,692

1,772

1,851

0,439

0,563

0,686

0,810

0,934

1,058

1,181

1,305

1,429

1,553

1,676

1,800

1,913

2,025

2,138

2,250

Table 2 – Sheep and goats

Average weight in
kg

Area A1 or A2 per
animal in m2

20

30

40

50

60

70

80

0,240

0,265

0,290

0,315

0,340

0,390

0,440

55

Table 3 - Pigs

Average weight in
kg

Area A1 per
animal in m2

Area A2 per
animal in m2

H1 (cm) forced
ventilation

H2 (cm) passive
ventilation

20

30

40

50

70

90

100

110

130

150

170

190

210

230

0,143

0,187

0,227

0,264

0,331

0,391

0,420

0,448

0,501

0,551

0,599

0,646

0,691

0,734

0,204

0,268

0,324

0,377

0,472

0,559

0,599

0,639

0,715

0,787

0,855

0,922

0,985

1,047

66

70

74

77

84

90

92

95

99

103

106

109

111

112

81

85

89

92

99

105

107

110

114

118

121

124

126

127

2.

POULTRY

Minimum floor areas shall be provided as follows:

Category

Day-old chicks

Area in cm2

21 per chick

Poultry other than day-old chicks: weight in kg

Area in cm2 per kg

180

160

115

105

< 1.6

1.6 to < 3

3 to < 5

> 5

56

ANNEX II – JOURNEY LOG

as referred to in Article 5 (4), Article 8 (2), points (a) and (c) of Article 13 and Article 20(2)

A person planning a journey shall prepare, stamp and sign all pages of the journey log in in
accordance with the provisions of this Annex.

The journey log shall be constituted of the following sections:

1.

2.

Section 1 – Planning;

Section 2 – Place of departure;

Section 3 – Place of destination;

Section 4 – Model of anomaly report.

The pages of the journey log shall be fastened together.

3.

The organiser shall:

(a)

identify each journey log with a distinguishing number;

(b)

(c)

(d)

send a copy of Section 1 of the journey log properly  completed  and signed at least
two  working  days  before  the  time  of  departure  to  the  competent  authority  of  the
place of departure;

comply  with  any  instruction  given  by  the  competent  authority  under  point  (a)  of
Article 13;

ensure  that  the  journey  log  accompanies  the  animals  during  the  journey  until  the
point of destination or, in case of export to a third country at least until the exit point.

4.

5.

Keepers at the place of departure, and when the place of destination is located within the
territory of the Community, keepers at the place of destination, shall complete and sign the
relevant  sections  of  the  journey  log.  They  shall  inform  the  competent  authority  of  any
reservations  concerning  the  compliance  with  the  provisions  of  this  Regulation  using  the
model in Section 4 as soon as possible.

When the place of destination is located within the territory of the Community, keepers at
the  place  of  destination  shall  keep  for  at  least  three  years  from  the  date  of  arrival  at  the
place of destination:

(a)

the journey log;

(b)

a  copy  of  the  corresponding  record  sheet  or  printing  as  referred  to  in  Annex  I  or
Annex  IB  to  Regulation  (EEC)  No  3821/85  if  the  vehicle  is  covered  by  that
Regulation.

The documents shall be made available to the competent authority upon its request.

57

6.

7.

If animals are exported to a third country, transporters shall give the documents referred to
in points (a) and (b) of paragraph 5 to the official veterinarian at the exit point.

In case of export of live bovine animals with refunds, Section 3: Place of Destination of the
journey log shall not be required if the agricultural legislation imposes a report.

The transporter in Section 3: Place of Destination the journey log shall keep a copy of the
journey  log  after  it  has  been  filled  in  by  the  keeper  at  the  place  of  destination  or  by  the
official  veterinarian  at  the  exit  point.  That  copy  shall  be  available  to  the  competent
authority  that  granted  the  transporter's  authorisation  within  one  month  after  it  has  been
completed and shall be kept by the transporter for a period of at least three years from the
date of the check.

58

1.1 ORGANISER name and address (a) (b)

1.2. Name of the person in charge of the journey

SECTION 1: PLANNING

2. TOTAL EXPECTED DURATION (hours / days)

3.1 Place and country of DEPARTURE

4.1 Place and country of DESTINATION

1.3. Telephone / Fax

3.2 Date

3.3 Time

4.2 Date

4.3 Time

5.1 Species

5.2 Number
of
animals

5.3 Veterinary certificate(s) number(s)

5.4 Estimated total weight of the consignment (in kg) :

5.5 Total space foreseen for the consignment (in m2):

6. LIST OF FORESEEN RESTING, TRANSFER OR EXIT POINTS

6.1. Name of the places where animals are to

be rested, or transferred
(including exit points)

6.2 Arrival

Date

Time

6.3 Length

6.4

(in hours)

Transporter  's  name  and  authorisation
N° (if different from the organiser)

7.

I, the organiser, hereby declare that I am responsible for the organisation of the above-mentioned journey and
I  have  made  suitable  arrangements  to  safeguard  the  welfare  of  the  animals  throughout  the  journey  in
accordance with the provisions of Regulation xxx.

8.

Signature of the organiser

(a)
(b)

Organiser: see definition laid down in Article 2(m) of Council Regulation xxx of [dd/mm/yyyy].
If the organiser is a transporter the authorisation number shall be specified.

59

SECTION 2: PLACE OF DEPARTURE

1. KEEPER  (a)  of  the  place  of  departure  –  name  and  address  (if  different  from  the  organiser  mentioned  in

section 1) 

2.

Place and Member State of departure (b)

3.

6.

Date 
and 
loading (b)

time  of 

first 

animal

4. Number of

animals loaded
(b)

5.

Identification  of 
transport

the  means  of

I,  the  keeper  of  the  animals  at  the  place  of  departure,  hereby  declare  that  I  have  checked  and  approved  the
loading of the animals and take responsibility therefor. According to my  knowledge at the time of departure,
the above mentioned animals were fit for transport and the means of transport as well as the transport practices
were in accordance with the provisions of Regulation xxx.

7.

Signature of the keeper at the place of departure

8.

9.

ADDITIONAL CHECKS AT DEPARTURE

VETERINARIAN at the place of departure (name and address)

10.

I, veterinarian, hereby declare that I have checked and approved the loading of the animals mentioned above.
According my knowledge, at the time of departure, the animals were fit for transport and the means of transport
and the transport practices were in accordance with the provisions of Regulation xxx.

11. Signature of the VETERINARIAN

(a)
(b)

Keeper : see definition laid down in Article 2(i) of the Regulation xxx.
If different from section 1.

60

SECTION 3: PLACE OF DESTINATION

1.

KEEPER of the place of destination / OFFICIAL VETERINARIAN - name and address (a)

2.

Place and Member State of destination / Checking point (a)

3. Date and time of the check

4.

CHECKS PERFORMED

4.1

Transporter

(cid:1)

Authorisation number (b)

4.2

Driver

(cid:1)

Training certificate number

4.3 Means of transport (cid:1)

Identification (c)

4.4

Space allowances (cid:1)

Average space / animal in m2

4.5

Journey log records and journey time limits (cid:1)

5. OUTCOME OF THE CHECKS

5.1
COMPLIANCE

5.2
RESERVE(S)

(cid:1)

(cid:1)

(cid:1)

(cid:1)

(cid:1)

(cid:1)

(cid:1)

(cid:1)

(cid:1)

(cid:1)

4.6 Animals (specify the number of each category)(cid:2)

Total checked

U. Unfit

D. Dead

F. Fit

6.

I, the keeper of the animals at the place of destination/ official veterinarian, hereby declare that I have checked
this consignment of animals. According my knowledge at the time of the check, the above-mentioned findings
have  been  observed.  I  am  aware  that  the  competent  authorities  shall  be  informed  as  soon  as  possible  of  any
reservation there may be and each time dead animals are noticed.

7.

Signature of the keeper at the place of destination / official veterinarian (with official stamp)

(a)
(b)
(c)

Delete as appropriate
If different from section 1.
If different from section 2.

61

SECTION 4: MODEL OF ANOMALY REPORT N°

A copy of the anomaly report accompanied by a copy of section 1 of the journey log shall be
transmitted to the competent authority.

1. DECLARANT name, title and address

2.

Place  and  Member  State  where  the  anomaly  has  been
observed

3.

Date  and  time  when  the  anomaly  has  been
observed

4.

TYPE OF THE ANOMALY (IES)

4.1 Fitness for transport

(Chapter I Annex I)

4.2 Means of transport

(Chapter II and IV Annex I)

4.3 Transport practices

(Chapter III Annex I)

4.4 Journey time limits

(Chapter V Annex I)

(cid:1)

(cid:1)

(cid:1)

(cid:1)

4.6 Space allowances

(Chapter VII Annex I)

4.7 Transporter's authorisation

(Article 6)

4.8 Driver Training certifcate

4.9

Journey log records

4.5 Additional provisions for long distance journeys (cid:1)

4.10 Other

(Chapter VI Annex I)

4.10 Remarks:

(cid:1)

(cid:1)

(cid:1)

(cid:1)

(cid:1)

5.

I  hereby  declare  that  I  have  checked  the  consignment  of  the  above-mentioned  animals  and  have  expressed  the
reservations detailed in this report concerning the compliance with the provisions of Regulation XXX .

6. Date and time of the declaration to competent authority

7.

Signature of the declarant

(a)

Delete as appropriate

62

ANNEX III – FORMS as referred to in Articles 10(2), 11 (2), 16(2) and 17(2)

Chapter I - Authorisation for the transporters operating long distance
journeys

1. TRANSPORTER AUTHORISATION N°

Article 10(2)

2. TRANSPORTER IDENTIFICATION
2.1 Company's name

TYPE 1

FOR LONG DISTANCE JOURNEYS

2.2 Address

2.3 Town

2.4 Postal code

2.5 Member State

2.6 Telephone

2.7

Fax

2.8 Email

3.

SCOPE OF THE AUTHORISATION This authorisation is limited to certain

Species (cid:1)

Modes of transport (cid:1)

Periods of time (cid:1)

Other criteria (cid:1)

If yes specify here

This authorisation is not valid more than 5 YEARS

4. AUTHORITY ISSUING THE AUTHORISATION
4.1 Name and address of the authority

4.2 Telephone

4.5 Date

4.3

Fax

4.6 Place

4.4 Email

4.7 Official stamp

4.8 Name and signature of the official

63

Chapter II - Authorisation for the transporters not operating long
distance journeys

Article 11(2)

1. TRANSPORTER AUTHORISATION N°

2. TRANSPORTER IDENTIFICATION
2.1 Company's name

2.2 Address

TYPE 2

NOT AUTHORISED FOR LONG
DISTANCE JOURNEYS

2.3 Town

2.4 Postal code

2.5 Member State

2.6 Telephone

2.7 Fax

2.8 Email

3.

SCOPE OF THE AUTHORISATION This authorisation is limited to certain

Species (cid:1)

Modes of transport (cid:1)

Periods of time (cid:1)

Other criteria (cid:1)

If yes specify here

This authorisation is not valid more than 2 YEARS

4. AUTHORITY ISSUING THE AUTHORISATION
4.1 Name and address of the authority

4.2 Telephone

4.5 Date

4.3 Fax

4.6 Place

4.4 Email

4.7 Official stamp

4.8 Name and signature of the official

64

Chapter III - Certificate for drivers

Article 16 (2)

1. DRIVER IDENTIFICATION

1.1 Surname

1.2. First names

1.3. Date of birth

1.4. Place and country of birth

1.5. Nationality

2. CERTIFICATE NUMBER

2.1 This authorisation is valid until

3. BODY ISSUING THE CERTIFICATE

3.1 Name and address of the body issuing the certificate

3.2 Telephone

3.3 Fax

3.4 Email

3.5 Date

3.6 Place

3.7 Stamp

3.8 Name and signature

65

Chapter IV - Certificate of approval for means of transport by road
used over long distance journeys

1. LICENCE NUMBER

Article 17 (2)

2.

Species allowed to be transported

3. AREA IN M2

 / DECK

4.

This authorisation is valid until

5. BODY ISSUING THE CERTIFICATE

5.1 Name and address of the body issuing the certificate

5.2 Telephone

5.3 Fax

5.4 Email

5.5 Date

5.6 Place

5.7 Stamp

5.8 Name and signature

66

ANNEX IV

Training

1.

2.

Road  drivers  as  referred  to  in  Article  6(4)  and  Article  16  (1)  shall  have  successfully
completed  the  training  as  provided  for  in  paragraph  2  and  have  passed  an  examination
approved by the competent authority, which shall ensure that examiners are independent.

The  training  courses  referred  to  in  paragraph  1  shall  include  the  technical  and
administrative  aspects  of  Community  legislation  concerning  the  protection  of  animals
during transport and in particular the following items:

(a) Annexes I and II;

(b)

animal  physiology  and  in  particular  drinking  and  feeding  needs,  animal  behaviour
and the concept of stress;

(c)

practical aspects of handling of animals;

(d)

impact  of  driving  behaviour  on  the  welfare  of  the  transported  animals  and  on  the
quality of meat;

(e)

Emergency care for animals.

67

ANNEX V – INTERNATIONAL AGREEMENTS as referred to in Article 20(1)(e)

The European Convention for the protection of animals during international transport.

68