Council Regulation (EC) No 1/2005 of 22 December 2004 on the protection of animals during transport and related operations and amending Directives 64/432/EEC and 93/119/EC and Regulation (EC) No 1255/97
Date: 2004-12-22
Institutions: Council of the European Union
Subjects: animal welfare, health certificate, protection of animals, transport of animals, veterinary inspection

5.1.2005

EN

Official Journal of the European Union

L 3/1

I

(Acts whose publication is obligatory)

COUNCIL REGULATION (EC) No 1/2005

of 22 December 2004

on the protection of animals during transport and related operations and amending Directives
64/432/EEC and 93/119/EC and Regulation (EC) No 1255/97

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Com-
munity, and in particular Article 37 thereof,

Having regard to the proposal from the Commission,

Having regard to the Opinion of the European Parliament (1),

Having regard to the Opinion of the European Economic and
Social Committee (2),

Following consultation of the Committee of the Regions,

(4)

(5)

(6)

Whereas:

(1)

(2)

(3)

The Protocol on protection and welfare of animals
annexed to the Treaty requires that in formulating and
the
implementing agriculture and transport policies,
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 (3),
the Council has adopted rules in the field of the trans-
port of animals in order to eliminate technical barriers
to trade in live animals and to allow market organisa-
tions to operate smoothly, while ensuring a satisfactory
level of protection for the animals concerned.

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

transport (4),

required

as

(1) Opinion delivered on 30 March 2004 (not yet published in the

Official Journal).

(2) OJ C 110, 30.4.2004, p. 135.
(3) OJ L 340, 11.12.1991, p. 17. Directive as last amended by Regu-

lation (EC) No 806/2003 (OJ L 122, 16.5.2003, p. 1).

(4) OJ L 148, 30.6.1995, p. 52.

Most Member States have ratified the European Conven-
tion 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
including animals for slaughter,
over long journeys,
should be limited as far as possible.

to submit proposals

invited the Commission on 19 June
The Council
2001 (5)
for ensuring effective
implementation and strict enforcement of existing Com-
munity 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.

(7)

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

— consulting the competent scientific committee on the

duration of animal transport,

— presenting a harmonised European model certificate
for transporters; harmonising route plans for long
transport,

— 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
include

inspection posts

border
inspection of
animals are transported.

the welfare

conditions

at Community
comprehensive
in which

(5) OJ C 273, 28.9.2001, p. 1.

L 3/2

(8)

EN

Official Journal of the European Union

5.1.2005

The Scientific Committee on Animal Health and Animal
Welfare adopted an opinion on the welfare of animals
during transport on 11 March 2002. Community legisla-
tion should therefore be amended to take into account
new scientific evidence while giving priority to the need
for its enforceability to be properly ensured in the
immediate future.

(13)

The unloading and subsequent reloading of animals
could also be a source of stress for them and contact at
control posts,
formerly referred to as staging points,
could in certain conditions lead to the spread of infec-
tious diseases. It is therefore appropriate to provide for
specific measures safeguarding the health and welfare of
animals when resting at control posts. As a result, it is
necessary to amend the provisions of Council Regulation
(EC) No 1255/97 of 25 June 1997 concerning Com-
munity criteria for staging points and amending the
route plan referred to in the Annex to Directive
91/628/EEC (1).

(9)

Specific provisions for poultry, cats and dogs will be set
out in appropriate proposals when the relevant opinions
of the European Food Safety Authority (EFSA) are avail-
able.

(14)

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 compe-
tent authorities.

(10)

(11)

In the light of experience gained under Directive
91/628/EEC in harmonising Community legislation on
the transport of animals, and the difficulties encountered
due to the differences in transposition of that Directive
at national level, it is more appropriate to set out Com-
munity rules in this field in a regulation. Pending the
adoption of detailed provisions
for certain species
having particular needs and representing a very limited
part of the Community livestock,
it is appropriate to
allow Member States to establish or maintain additional
national rules applying to transport of animals of such
species.

(15) Welfare conditions of animals during transport result
mainly 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 accoun-
table and transparent concerning their status and opera-
tions. In particular they should provide proof of their
authorisation, systematically report any difficulty and
keep precise records of their actions and the results.

In order to ensure a consistent and effective application
of this Regulation across the Community in the light of
its basic principle according to which animals must not
be transported in a way likely to cause injury or undue
suffering to them, it is appropriate to set out detailed
provisions addressing the specific needs arising in rela-
tion to the various types of transport. Such detailed
provisions should be interpreted and applied in accord-
ance with the aforesaid principle and should be timely
in particular in the light of new
updated whenever,
scientific advice,
to ensure
compliance with the above principle for particular
species or types of transport.

they appear no longer

(16) 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 animals
should be extended to any operator involved in the
transport of animals.

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

(12)

Transport for commercial purposes is not limited to
transport where an immediate exchange of money,
goods or services takes place. Transport for commercial
purposes includes, in particular, transport which directly
or indirectly involves or aims at a financial gain.

(18)

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

(1) OJ L 174, 2.7.1997, p. 1. Regulation as

last amended by

Regulation (EC) No 1040/2003 (OJ L 151, 19.6.2003, p. 21).

5.1.2005

EN

Official Journal of the European Union

L 3/3

(19)

Council Regulation (EEC) No 3820/85 of 20 December
1985 on the harmonisation of certain social legislation
relating to road transport (1) provides for maximum
driving periods and minimum rest periods for road
drivers. It is appropriate that journeys for animals are
similarly regulated. Council Regulation (EEC) No 3821/
85 of 20 December 1985 on recording equipment in
road transport (2) provides for recording equipment to
be installed and used to ensure effective checking on
compliance with social legislation concerning road trans-
port. It is necessary that such record data be made avail-
able and checked so as to enforce travelling time limits
under animal welfare legislation.

(20)

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

level of

(21)

(22)

Registered Equidae, as defined in Article 2(c) of Directive
90/426/EEC (3), are frequently transported for non-com-
mercial purposes and such transports must be carried
out in line with the overall objectives of this Regulation.
Having regard to the nature of such movements,
it
appears appropriate to derogate from certain provisions
where registered Equidae are transported for competi-
it is
tion, races, cultural events or breeding. However,
not appropriate to apply such derogation to Equidae
transported, directly or after transit through a market or
marshalling centre, to a slaughterhouse for slaughter,
which in accordance with Article 2(d) and 8(1), second
indent of Directive 90/426/EEC, are to be considered as
‘Equidae for slaughter’.

uniform procedures

Inadequate follow-up of infringements of legislation on
animal welfare encourages non-compliance with such
legislation and leads to distortion of competition. There-
fore,
established
throughout the Community to increase checks and the
imposition of penalties for
infringements of animal
welfare legislation. The Member States should lay down
to infringements of
applicable
rules on penalties

should

be

the provisions of this Regulation and ensure that they
are implemented. Those penalties must be effective,
proportionate and dissuasive.

(23) A significant number of animals are transported by live-
stock vessels over 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 trans-
port.

(24)

In the interests of consistency of Community legislation,
Council Directive 64/432/EEC of 26 June 1964 on
animal health problems affecting intra-Community trade
in bovine animals and swine (4) should be amended so as
to adapt it to this Regulation as regards the approval of
assembly centres and the requirements for transporters.

(25)

Council Directive 93/119/EC of 22 December 1993 on
the protection of animals at the time of slaughter and
killing (5) should also be amended so as to adapt it to
this Regulation as regards the use of electric prods.

(26)

(27)

(28)

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 (6)
should be applied to animal welfare during transport in
order to ensure compliance with this Regulation.

Commission Decision 98/139/EC (7) lays down certain
detailed rules concerning on-the-spot checks carried out
in the veterinary field by Commission experts in the
Member States which should help to ensure that this
Regulation is complied with in a uniform manner.

This Regulation sets out provisions concerning ventila-
tion in road vehicles transporting livestock on long jour-
neys. Accordingly, Council Regulation (EC) No 411/98
of 16 February 1998 on additional animal protection
standards applicable to road vehicles used for
the
exceeding eight
livestock on journeys
carriage of
hours (8) should be repealed.

(1) OJ L 370, 31.12.1985, p. 1.
(2) OJ L 370, 31.12.1985, p. 8. Regulation as last amended by
Commission Regulation (EC) No 432/2004 (OJ L 71, 10.3.2004,
p. 3).

(3) OJ L 224, 18.8.1990, p. 42. Directive as last amended by Directive

2004/68/EC (OJ L 139, 30.4.2004, p. 320).

(4) OJ P 121, 29.7.1964, p. 1977/64. Directive as last amended by

Regulation (EC) No 21/2004 (OJ L 5, 9.1.2004, p. 8).

(5) 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).

(6) OJ L 351, 2.12.1989, p. 34.
(7) OJ L 38, 12.2.1998, p. 10.
(8) OJ L 52, 21.2.1998, p. 8.

EN

Official Journal of the European Union

5.1.2005

L 3/4

(29)

(30)

(31)

to update certain important

It is appropriate to provide for a simple procedure for
the Council
technical
elements of this Regulation in particular in the light of
an assessment of its impact on transport of live animals
within an enlarged Community and establish the specifi-
cations of the Navigation System to be used for all
means of transport by road in the light of the future
technological developments in the area such as the
coming into fruition of the Galileo system.

It is appropriate to provide for a possibility to establish
derogations to take account of the remoteness of certain
regions from the mainland of the Community, in par-
ticular for outermost regions referred to in Article 299
of the Treaty.

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 conferred on the Commission (1),

HAS ADOPTED THIS REGULATION:

CHAPTER I

SCOPE, DEFINITIONS AND GENERAL CONDITIONS FOR THE
TRANSPORT OF ANIMALS

Article 1

Scope

This Regulation shall apply to the transport of live verte-
1.
brate animals carried out within the Community, including the
specific checks to be carried out by officials on consignments
entering or leaving the customs territory of the Community.

2.

Only Articles 3 and 27 shall apply to:

(a) the transport of animals carried out by farmers using agri-
cultural vehicles or means of transport belonging to them
for
in cases where the geographical circumstances call
transport for seasonal transhumance of certain types of
animals;

(b) transport carried out by farmers, of their own animals, in
their own means of transport for a distance of less than 50
km from their holding.

3.
This Regulation shall not be an obstacle to any stricter
national measures aimed at improving the welfare of animals
during transport taking place entirely within the territory of a

(1) OJ L 184, 17.7.1999, p. 23.

Member State or during sea transport departing from the terri-
tory of a Member State.

This Regulation shall apply without prejudice to Com-

4.
munity veterinary legislation.

This Regulation shall not apply to the transport of
5.
animals which does not take place in connection with an
economic activity and to the transport of animals directly to or
from veterinary practices or clinics, under the advice of a veter-
inarian.

Article 2

Definitions

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

(a) ‘animals’ means live vertebrate animals;

(b) ‘assembly centres’ means places such as holdings, collec-
tion centres and markets, at which domestic Equidae or
domestic animals of bovine, ovine, caprine or porcine
species originating from different holdings are grouped
together to form consignments;

(c) ‘attendant’ means a person directly in charge of the welfare
of the animals who accompanies them during a journey;

(d) ‘border inspection post’ means any inspection post desig-
nated and approved in accordance with Article 6 of Direc-
tive 91/496/EEC (2), for carrying out veterinary checks on
animals arriving from third countries at the border of the
territory of the Community;

(e) ‘Community veterinary legislation’ means legislation listed
in Chapter I of Annex A to Directive 90/425/EEC (3) and
any subsequent implementing rules;

(f) ‘competent authority’ means the central authority of a
Member State competent to carry out checks on animal
welfare or any authority to which it has delegated that
competence;

(g) ‘container’ means any crate, box, receptacle or other rigid
structure used for the transport of animals which is not a
means of transport;

(h) ‘control posts’ means control posts as referred to in Regu-

lation (EC) No 1255/97;

(i) ‘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;

(2) OJ L 268, 24.9.1991, p. 56. Directive as last amended by the 2003

Act of Accession.

(3) OJ L 224, 18.8.1990, p. 29. Directive as last amended by Directive
2002/33/EC of the European Parliament and of the Council (OJ
L 315, 19.11.2002, p. 14).

5.1.2005

EN

Official Journal of the European Union

L 3/5

(j) ‘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;

(ii) the animals have been accommodated with sufficient
bedding, untied, if possible, and watered for at least six
hours prior to the time of departure from the assembly
centre;

(k) ‘keeper’ means any natural or legal person, except a trans-
in charge of or handling animals whether on a

porter,
permanent or temporary basis;

(s) ‘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

(l) ‘livestock vessel’ means a vessel which is used or intended
the carriage of domestic Equidae or
to be used for
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;

(m) ‘long journey’ means a journey that exceeds 8 hours,
starting from when the first animal of the consignment is
moved;

(n) ‘means of transport’ means road or rail vehicles, vessels

and aircraft used for the transport of animals;

(o) ‘navigation systems’ means satellite-based infrastructures
providing global, continuous, accurate and guaranteed
timing and positioning services or
any technology
providing services deemed equivalent for the purpose of
this Regulation;

(p) ‘official veterinarian’ means the veterinarian appointed by

the competent authority of the Member State;

(q) ‘organiser’ means:

of departure; or

(ii) slaughtered;

(t) ‘place of rest or transfer’ means any stop during the
journey which is not a place of destination, including a
place where animals have changed the means of transport,
with or without being unloaded;

(u) ‘registered Equidae’ means registered Equidae as referred to

in Directive 90/426/EEC (1);

(v) ‘roll-on-roll-off vessel’ means a sea-going vessel with facil-
ities to enable road or rail vehicles to roll on and roll off
the vessel;

(w) ‘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;

(x) ‘transporter’ means any natural or legal person trans-
porting animals on his own account, or for the account of
a third party;

(y) ‘unbroken Equidae’ means Equidae that cannot be tied or
led by a halter without causing avoidable excitement, pain
or suffering;

(z) ‘vehicle’ means a means of transport fitted with wheels

which is propelled or towed.

(i) a transporter who has subcontracted to at least one

other transporter for a part of a journey; or

Article 3

(ii) a natural or legal person who has contracted to more

than one transporter for a journey; or

General conditions for the transport of animals

(iii) a person who has signed Section 1 of the journey log

as set out in Annex II;

(r) ‘place of departure’ means 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.

However, assembly centres approved in accordance with
Community veterinary legislation may be considered as
place of departure provided that:

No person shall transport animals or cause animals to be trans-
ported in a way likely to cause injury or undue suffering to
them.

In addition, the following conditions shall be complied with:

(a) all necessary arrangements have been made in advance to
minimise the length of the journey and meet animals' needs
during the journey;

(b) the animals are fit for the journey;

(c) the means of transport are designed, constructed, main-
tained and operated so as to avoid injury and suffering and
ensure the safety of the animals;

(i) the distance travelled between the first place of loading

and the assembly centre is less than 100 km; or

(1) OJ L 224, 18.8.1990, p. 42. Directive as last amended by Direc-

tive 2004/68/EC (OJ L 139, 30.4.2004, p. 320).

L 3/6

EN

Official Journal of the European Union

5.1.2005

(d) 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;

(e) the personnel handling animals are trained or competent as
appropriate for this purpose and carry out
their tasks
without using violence or any method likely to cause unne-
cessary fear, injury or suffering;

Transporters shall

2.
identify a natural person responsible
for the transport and ensure that information on the planning,
execution and completion of the part of the journey under
their control can be obtained at any time.

3.

Organisers shall ensure that for each journey:

(f) 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;

(a) the welfare of the animals is not compromised by insuffi-
cient coordination of the different parts of the journey; and
the weather conditions are taken into account; and

(g) sufficient floor area and height is provided for the animals,

appropriate to their size and the intended journey;

(h) 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

No person shall transport animals without carrying docu-

1.
mentation in the means of transport stating:

(a) their origin and their ownership;

(b) their place of departure;

(c) the date and time of departure;

(d) their intended place of destination;

(e) the expected duration of the intended journey.

2.
The transporter shall make the documentation provided
for in paragraph 1 available to the competent authority upon
request.

Article 5

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

4.
For long journeys between Member States and with third
countries for domestic Equidae other than registered 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 he holds an
1.
authorisation issued by a competent authority pursuant
to
Article 10(1) or, for long journeys, Article 11(1). A copy of the
authorisation shall be made available to the competent
authority when the animals are transported.

Transporters shall notify to the competent authority any
2.
changes in relation to the information and documents referred
to in Article 10(1) or, for long journeys, Article 11(1), no more
than 15 working days from the date the changes took place.

Transporters shall transport animals in accordance with

3.
the technical rules set out in Annex I.

4.
Transporters shall entrust the handling of the animals to
personnel who have received training on the relevant provi-
sions of Annexes I and II.

Planning obligations for the transport of animals

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

5.
No person shall drive, or act as an attendant on a road
vehicle transporting domestic Equidae or domestic animals of
bovine, ovine, caprine or porcine species or poultry unless he
holds a certificate of competence pursuant to Article 17(2). The
certificate of competence shall be made available to the compe-
tent authority when the animals are transported.

5.1.2005

EN

Official Journal of the European Union

L 3/7

Transporters shall ensure that an attendant accompanies

6.
any consignment of animals except in the following cases:

adequately

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

for a journey of

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

7.
Paragraphs 1, 2, 4 and 5 shall not apply to persons trans-
porting animals up to a maximum distance of 65 km counted
from the place of departure to the place of destination.

Transporters

8.
certificate of
shall make available
approval as provided for in Article 18(2) or Article 19(2) to the
competent authority of the country to which animals are trans-
ported.

the

except

Transporters of domestic Equidae,

9.
registered
Equidae, and domestic animals of the bovine, ovine, caprine
and porcine species over long road journeys shall use a naviga-
tion system as referred to in Annex I, Chapter VI, paragraph 4.2,
as from 1 January 2007 for means of transport by road for the
first time in service and as from 1 January 2009 for all means
of transport by road. They shall keep the records obtained by
such navigation system for at least three years and shall make
them available to the competent authority upon request, in par-
ticular when the checks referred to in Article 15(4) are carried
out. Implementing measures concerning this paragraph may be
adopted in accordance with the procedure referred to in
Article 31(2).

Article 7

Prior inspection and approval of means of transport

1.
No person shall transport animals by road for a long
journey unless the means of transport has been inspected and
approved under Article 18(1).

No person shall

transport by sea,

2.
for more than 10
nautical miles, domestic Equidae and domestic animals of
bovine, ovine, caprine or porcine species from a Community
the livestock vessel has been inspected and
port unless
approved under Article 19(1).

The provisions of paragraph 1 and paragraph 2 apply to
3.
containers used for the transport of domestic Equidae or
domestic animals of bovine, ovine, caprine or porcine species
by road and/or by water, for long journeys.

Article 8

Keepers

Keepers of animals at the place of departure, transfer or
1.
destination shall ensure that
in
Chapters I and III, section 1, of Annex I in respect of the
animals being transported are met.

the technical rules set out

2.
Keepers shall check all animals arriving at a place of
transit or a place of destination and determine if the animals
are or have been subject to a long journey between Member
States and with third countries. In the case of long journeys for
domestic Equidae, other than registered 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

1.
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.

2.
Operators of assembly centres that are approved in
accordance with Community veterinary legislation shall in addi-
tion:

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

(b) regularly inform people admitted to 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 to 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 preju-
dice to any action taken by the competent authority, take
the necessary measures to remedy the non-compliance
observed and to prevent its recurrence;

(e) adopt, monitor and enforce the necessary internal rules in

order to ensure compliance with points (a) to (d).

L 3/8

EN

Official Journal of the European Union

5.1.2005

CHAPTER III

DUTIES

AND OBLIGATIONS OF
AUTHORITIES

THE

COMPETENT

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

(iv) contingency plans in the event of emergencies.

Article 10

Requirements for transporter authorisation

The competent authority shall grant authorisations to

1.
transporters provided that:

(a) the applicants are established, or in case of applicants estab-
lished in a third country, are represented, in the Member
State where they apply for authorisation;

(b) the applicants have demonstrated that they have sufficient
and appropriate staff, equipment and operational proce-
dures at their disposal to enable them to comply with this
Regulation,
including where appropriate Good Practice
Guides;

(c) the applicants or their representatives have no record of
infringements of Community legislation and/or
serious
legislation on the protection of animals in the
national
three years preceding the date of
the application. This
provision shall not apply where the applicant demonstrates
to the satisfaction of the Competent Authority that it has
taken all necessary measures to avoid further infringements.

The competent authority shall

2.
issue authorisations as
provided for in paragraph 1 in accordance with the specimen
set out in Chapter I of Annex III. Such authorisations shall be
valid for not more than five years from the date of issue and
shall not be valid for long journeys.

For

the purpose of paragraph 1(b)(iii)

transporters
2.
carrying on long journeys of domestic Equidae, other than
registered Equidae, and domestic animals of the bovine, ovine,
caprine and porcine species, shall demonstrate that they use the
navigation system referred to in Article 6(9):

(a) for means of transport by road for the first time in service,

as from 1 January 2007;

(b) for all means of transport by road, as from 1 January 2009.

3.
The competent authority shall issue such authorisations
in accordance with the specimen set out in Chapter II of
Annex III. Such authorisations shall be valid for not more than
five years from the date of issue and shall be valid for all jour-
neys, including long journeys.

Article 12

Limitation on applications for authorisation

to
Transporters shall apply for an authorisation pursuant
Article 10 or to Article 11 to no more than one competent
authority, in no more than one Member State.

Article 13

Article 11

Issue of authorisations by the competent authority

Requirements for long journeys transporter authorisations

The competent authority shall grant authorisations to
long journeys upon application,

1.
transporters carrying out
provided that:

(a) they comply with the provisions of Article 10(1);

(b) the applicants have submitted the following documents:

(i) valid certificates of competence for drivers and atten-
dants as provided for in Article 17(2) for all drivers
and attendants carrying out long journeys;

(ii) valid certificates of approval as provided for

in
Article 18(2) for all means of transport by road to be
used for long journeys;

The competent authority may limit

1.
the scope of an
authorisation provided for in Article 10(1) or for long journeys,
in Article 11(1) according to criteria that may be verified
during transport.

The competent authority shall
in Article 10(1) or

issue each authorisation
2.
provided for
in
long journeys,
for
Article 11(1) with a number unique in the Member State. The
authorisation shall be drawn up in the official language(s) of
the Member State of issue and in English when the transporter
is likely to operate in another Member State.

The competent authority shall

record authorisations
3.
in a manner
provided for in Article 10(1) or Article 11(1)
enabling the competent authority to identify transporters
rapidly, in particular in the event of failure to comply with the
requirements of this Regulation.

5.1.2005

EN

Official Journal of the European Union

L 3/9

The competent authority shall

4.
record authorisations
issued pursuant to Article 11(1) in an electronic database. The
transporter's name and authorisation number shall be made
publicly available during the period of validity of the authorisa-
tion. Subject to Community and/or national rules regarding
privacy protection, public access to other data in relation to
transporters' authorisations shall be granted by Member States.
The database shall also include decisions notified under
Article 26(4)(c) and (6).

Article 14

Checks and other measures related to journey log to be
carried out by the competent authority before long
journeys

In the case of long journeys between Member States and
for domestic Equidae and domestic
the

1.
with third countries
animals of bovine, ovine, caprine and porcine species,
competent authority of the place of departure shall:

(a) carry out appropriate checks to verify that:

(i) transporters indicated in the journey log have the corre-
the valid
sponding valid transporter authorisations,
certificates of approval for means of transport for long
journeys and valid certificates of competence for drivers
and attendants;

Article 15

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

1.
The competent authority shall carry out at any stage of
the long journey appropriate checks on a random or targeted
basis to verify that declared journey times are realistic and that
the journey complies with this Regulation and in particular
that travel times and rest periods have complied with the limits
set out in Chapter V of Annex I.

2.
In the case of long journeys between Member States and
with third countries, the checks at the place of departure for
fitness for transport, as referred to in Chapter I of Annex I,
shall be performed before the loading as part of the animal
health checks as set out in the corresponding veterinary Com-
munity legislation, within the time limits provided by such
legislation.

3. When the place of destination is a slaughterhouse, the
checks provided for in paragraph 1 may be performed as part
of the animal welfare inspection as set out in Regulation (EC)
No 854/2004 of the European Parliament and of the Council
of 29 April 2004 laying down specific rules for the organisa-
tion of official controls on products of animal origin intended
for human consumption (1).

4.
The records of the movements of the means of transport
by road obtained from navigation system may be used for
carrying out these checks where appropriate.

Article 16

(ii) the journey log submitted by the organiser is realistic

Training of

staff and equipment of

the competent

and indicates compliance with this Regulation;

authority

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

The competent authority shall ensure that its staff are duly
trained and equipped to check data recorded by:

— the recording equipment for road transport as provided for

by Regulation (EEC) No 3821/85;

(c) where the outcome of the checks provided for in point (a)
is satisfactory, the competent authority shall stamp the
journey log;

— the navigation system.

(d) send details as soon as possible of the intended long jour-
neys set out in the journey log to the competent authority
of the place of destination, of the exit point or of the
control post via the information exchange system referred
to in Article 20 of Directive 90/425/EEC.

2.
By way of derogation to paragraph 1(c), the stamping of
the journey log shall not be required for transports using the
system referred to in Article 6(9).

Article 17

Training courses and certificate of competence

1.
Training courses shall be available for personnel of trans-
porters and assembly centres for the purposes of Article 6(4)
and Article 9(2)(a).

(1) OJ L 226, 25.6.2004, p. 83.

L 3/10

EN

Official Journal of the European Union

5.1.2005

2.
The certificate of competence for drivers and attendants
of road vehicles transporting domestic Equidae or domestic
animals of bovine, ovine, caprine or porcine species or poultry
as referred to in Article 6(5) shall be granted in accordance
with Annex IV. The certificate of competence shall be drawn
up in the official language(s) of the Member State of issue and
in English when the driver or attendant is likely to operate in
another Member State. The certificate of competence 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. The scope of the
said certificate of competence may be limited to a specific
species or group of species.

Article 18

Certificate of approval of means of transport by road

1.
The competent authority or body designated by a
Member State shall grant a certificate of approval for means of
transport by road used for long journeys upon application,
provided that the means of transport:

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

(b) have been inspected by the competent authority or body
designated by a Member State and found to comply with
the requirements of Chapters II and VI of Annex I applic-
able to the design, the construction and the maintenance of
means of transport by road used for long journeys.

2.
The competent authority or body designated by a
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 the official language(s) of the Member State of issue and
in English. Certificates shall be valid for a period of not more
than five years from the date of issue and shall become invalid
as soon as the means of transport are modified or refitted in a
way that affects the welfare of the animals.

The competent authority shall record the certifications of
3.
the approval of the means of transport by road for long jour-
neys in an electronic database in a manner enabling them to be
rapidly identified by the competent authorities in all Member
States, in particular in the event of failure to comply with the
requirements of this Regulation.

Article 19

Certificate of approval of livestock vessels

The competent authority or body designated by a
1.
Member State shall grant a certificate of approval for a livestock
vessel upon application, provided that the vessel is:

(a) operated from the Member State where the application is

made;

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

(c) has been inspected by the competent authority or body
designated by a Member State and found to comply with
the requirements of Section 1 of Chapter IV of Annex I
regarding the construction and equipment
for livestock
vessels.

2.
The competent authority or body designated by a
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
language(s) of the Member State of
issue and in English. Certificates shall be valid for a period of
not more than five years from the date of issue and shall
become invalid as soon as the means of transport are modified
or refitted in a way that affects the welfare of the animals.

3.
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 Regu-
lation.

4.
The competent authority shall record the certifications of
the approval of livestock vessels in an electronic database, in a
manner enabling them to be rapidly identified, in particular in
the event of failure to comply with the requirements of this
Regulation.

Article 20

Livestock vessel inspection on loading and unloading

4. Member States may grant derogations to the provisions
this Article and to the provisions of Chapter V, para-
of
graph 1.4, point (b) and Chapter VI of Annex I for means of
transport by road in respect of journeys not exceeding 12 hours
in order to reach the final place of destination.

The competent authority shall

1.
inspect livestock vessels
before any loading of animals in order to verify in particular
that:

(a) the livestock vessel is built and equipped for the number

and the type of animals to be transported;

5.1.2005

EN

Official Journal of the European Union

L 3/11

(b) compartments where animals are to be accommodated

remain in a good state of repair;

(c) the equipment

referred to in Chapter

IV of Annex I

remains in good working order.

The competent authority shall

the following
2.
before and during any loading/unloading of livestock vessels to
ensure that:

inspect

(a) the animals are fit to continue their journey;

(b) loading/unloading operations are being carried out

in

compliance with Chapter III of Annex I;

(c) feed and water arrangements are in accordance with

Section 2 of Chapter IV of Annex I.

Article 21

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 trans-
ported in compliance with this Regulation and in particular:

(a) that transporters have submitted a copy of a valid authori-
sation as provided for in Article 10(1) or, for long journeys,
in Article 11(1);

(b) that drivers of road vehicles transporting domestic Equidae,
domestic animals of bovine, ovine, caprine or porcine
species or poultry and attendants have presented a valid
certificate of competence as provided for in Article 17(2);

shall perform and record the checks listed in Section 3 ‘Place of
destination’ of the journey log in 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 three years
from the date of the checks, including a copy of the corre-
sponding record sheet or print-out as referred to in Annex I or
Annex IB to Regulation (EEC) No 3821/85 if the vehicle is
covered by that Regulation.

3. Where the competent authority considers that animals
are not fit to complete their journey, they shall be unloaded,
watered, fed and rested.

Article 22

Delay during transport

The

take

shall

authority

competent

1.
the necessary
measures to prevent or reduce to a minimum any delay during
transport or suffering by animals when unforeseeable circum-
stances impede the application of this Regulation. The compe-
tent authority shall ensure that special arrangements are made
at the place of transfers, exit points and border inspection posts
to give priority to the transport of animals.

2.
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. No undue delay shall occur
between the completion of the loading and departure. 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
feeding, watering,
animals
unloading and accommodation.

and, where necessary,

their

(c) that the animals are fit to continue their journey;

CHAPTER IV

(d) that the means of transport by which the animals are to
continue their journey complies with Chapter II and where
applicable Chapter VI of Annex I;

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

agreement

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

2.
In the case of long journeys for domestic Equidae and
domestic animals of bovine, ovine, caprine and porcine species,
official veterinarians of exit points and border inspection posts

ENFORCEMENT AND EXCHANGE OF INFORMATION

Article 23

Emergency measures in the event of non-compliance with
this Regulation by transporters

1. 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 to safe-
guard the welfare of the animals.

L 3/12

EN

Official Journal of the European Union

5.1.2005

Such action shall not be likely to cause unnecessary or addi-
tional suffering to the animals and shall be proportionate to
the seriousness of the risks involved. The Competent authority
shall recover the costs of such action in the appropriate
manner.

Depending on the circumstances of each case, such action

2.
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, or allow the animals to continue to their
place of destination by the most direct route, whichever is
in the best interest of the welfare of the animals;

(e) unloading the animals and holding them in suitable accom-
the problem is

modation with appropriate care until
resolved.

Where there is no other means of safeguarding the welfare of
the animals, they shall be humanely killed or euthanised.

3. Where action is to be taken due to non-compliance with
this Regulation as referred to in paragraph 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 authori-
sation for the transport of the animals. The authorisation shall
identify the animals concerned and define the conditions under
which they may be transported until this Regulation is fully
complied with. Such authorisation shall accompany the
animals.

The competent authority shall

4.
immediately arrange to
have the necessary measures carried out if the person respon-
sible for the animals cannot be contacted or fails to comply
with instructions.

5.
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 which granted the authorisation as provided for in
Article 10(1) or Article 11(1).
If necessary the competent
authorities shall provide assistance to the transporter to facili-
tate implementation of the required emergency measures.

Article 24

for the purposes of

Each Member State shall communicate details of a
2.
contact point
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 25

Penalties

The Member States shall lay down the rules on penalties applic-
able to infringements of the provisions of this Regulation and
shall take all measures necessary to ensure that they are imple-
mented. The penalties provided for must be effective, propor-
tionate and dissuasive. The Member States shall notify those
provisions, as well as provisions
the application of
Article 26, to the Commission by 5 July 2006 at the latest and
shall notify it without delay of any subsequent amendment
affecting them.

for

Article 26

Infringements and notification of infringements

1.
In the case of any infringements of this Regulation, the
competent authority shall take the specific measures provided
for in paragraphs 2 to 7.

2. Where a competent authority establishes that a trans-
porter has not observed, or a means of transport does not
comply with this Regulation, it shall notify without delay the
competent authority which granted the authorisation to the
transporter or the certificate of approval of the means of trans-
port and, where the driver is involved in the failure to observe
the requirements of this Regulation, the one that issued the
driver's certificate of competence. Any relevant data and docu-
ments shall accompany such notification.

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

Mutual assistance and exchange of information

1.
The rules and information procedures set out in Council
Directive 89/608/EEC (1) shall apply for the purposes of this
Regulation.

(1) OJ L 351, 2.12.1989, p. 34.

4. Where a competent authority establishes that a trans-
porter has not observed, or a means of transport does not
comply with this regulation, or 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;

5.1.2005

EN

Official Journal of the European Union

L 3/13

(b) subject the transporter concerned to additional checks, in
requiring the presence of a veterinarian at

particular
loading of the animals;

Article 28

On-the-spot checks

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

5.
In the case of infringement of this Regulation by a driver
or attendant holding a certificate of competence as provided
for in Article 17(2), the competent authority may suspend or
withdraw the certificate of competence,
in particular if the
infringement shows that the driver or attendant lacks sufficient
knowledge or awareness to transport animals in compliance
with this Regulation.

6.
In the case of repeated or serious infringements of this
Regulation, a Member State may temporarily prohibit the trans-
transport concerned from transporting
porter or means of
animals on its territory, even if the transporter or the means of
transport is authorised by another Member State, provided that
all the possibilities afforded by mutual assistance and exchange
of
in Article 24 have been
exhausted.

information as provided for

Veterinary experts from the Commission may, in collaboration
with the authorities of the Member State concerned and insofar
as is necessary to ensure uniform application of this Regulation,
make on-the-spot checks in accordance with the procedures
laid down in Article 45 of Regulation (EC) No 882/2004 (1) of
the European Parliament and of the Council.

Article 29

Guides to good practice

Member States shall encourage the development of guides to
good practice which shall include guidance on compliance with
this Regulation and in particular with Article 10(1). Such
guides shall be drawn up at national level, among a number of
Member States, or at Community level. Dissemination and use
of national and Community guides shall be encouraged.

CHAPTER V

IMPLEMENTING POWERS AND COMMITTEE PROCEDURE

7. Member States shall ensure that all the contact points as
provided for in Article 24(2) are notified without delay of any
decision taken under paragraph 4(c), or paragraphs 5 or 6 of
this Article.

Article 30

Amendment of the Annexes and implementing rules

Article 27

The Annexes to the Regulation shall be amended by the
1.
Council, acting by a qualified majority, on a proposal from the
Commission, with a view in particular to their adaptation to
technological
regards
IV and Chapter VI, paragraph 3.1, of Annex I,
Chapter
Sections 1 to 5 of Annex II, Annex III, IV, V and VI which may
be amended in accordance with the procedure referred to in
Article 31(2).

and scientific progress,

except

as

Inspections

and annual

reports by the

competent

authorities

1.
The competent authority shall check that the require-
ments of this Regulation have been complied with, by carrying
out non-discriminatory inspections of animals, means of trans-
port and accompanying documents. Such inspections must be
carried out on an adequate proportion of the animals trans-
ported 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 estab-
lished that the provisions of this Regulation have been disre-
garded. The above proportions shall be determined in accord-
ance with the procedures referred to in Article 31(2).

2. Member States shall submit to the Commission by 30
June each year an annual report for 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.

Any detailed rules necessary for the implementation of
2.
this Regulation may be adopted in accordance with the proce-
dure referred to in Article 31(2).

Certificates or other documents provided for by the Com-
3.
munity veterinary legislation for live animals may be supple-
mented in accordance with the procedure referred to in
Article 31(2) in order to take into account of the requirements
of this Regulation.

4.
The obligation to hold a certificate of competence as
provided for in Article 6(5) may be extended to drivers or
attendants of other domestic species in accordance with the
procedure referred to in Article 31(2).

5.
Derogations 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 31 shall be informed of any measures adopted.

(1) OJ L 191, 28.5.2004, p. 1.

L 3/14

EN

Official Journal of the European Union

5.1.2005

6.
Derogations concerning requirements for long journeys
to take account of the remoteness of certain regions from the
mainland of the Community, may be adopted in accordance
with the procedure as referred to in Article 31(2).

7.
By way of derogation to this Regulation, Member States
may continue
current national provisions
animals within their outermost
concerning transport of
regions, originating from or arriving at those regions. They
shall inform the Commission thereof.

to apply the

CHAPTER VI

FINAL PROVISIONS

Article 33

Repeals

8.
Pending the adoption of detailed provisions for species
not explicitly mentioned in the Annexes, Member States may
establish or maintain additional national rules applying to
transport of animals of such species.

Directive 91/628/EEC and Regulation (EC) No 411/98 shall be
repealed from 5 January 2007. References to the repealed
Directive and Regulation shall be construed as references to
this Regulation.

Article 31

Committee procedure

Article 34

Amendments to Directive 64/432/EEC

The Commission shall be assisted by the Standing
1.
Committee on the Food Chain and Animal Health, set up by
Regulation (EC) No 178/2002 of the European Parliament and
of the Council (1).

2. Where reference is made to this paragraph, Articles 5 and
7 of Decision 1999/468/EC shall apply.

Directive 64/432/EEC is hereby amended as follows:

1) Article 11 shall be amended as follows:

(a) in paragraph 1 the following point shall be inserted as

follows:

‘(ee) comply with the provisions of Directive 98/58/EC
and Regulation (EC) No 1/2005 (*) applicable to
them;

The period referred to in Article 5(6) of Decision 1999/468/EC
shall be set at three months.

(*) OJ L 3, 5.1.2005.’

3.

The Committee shall adopt its rules of procedure.

Article 32

Report

Within four years from the date mentioned in Article 37,
second subparagraph, the Commission shall present a report to
the European Parliament and to the Council on the impact of
this Regulation on the welfare of animals being transported
and on the trade flows of live animals within the enlarged
Community. In particular, the report shall take into account
scientific evidence on welfare needs of animals, and the report
on the implementation of the navigation system, as referred to
in Annex I, Chapter VI, paragraph 4.3, as well as the socio-eco-
nomic implications of
including regional
aspects. This report may be accompanied if necessary by appro-
priate legislative proposals concerning long journeys,
in par-
ticular as regards journey times, resting periods and space
allowances.

this Regulation,

(1) OJ L 31, 1.2.2002, p. 1. Regulation as last amended by Regulation

(EC) No 1642/2003 (OJ L 245, 29.9.2003, p. 4).

(b) paragraph (4) shall be replaced by the following:

‘4.
The competent authority may suspend or with-
draw approval in the event of failure to comply with
this Article or other appropriate provisions of
this
Directive, or of Regulation (EC) No 1/2005 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
the 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 shall be replaced by the following:

‘Article 12

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

(a) for the carriage of animals they must use means of

transport that are:

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

5.1.2005

EN

Official Journal of the European Union

L 3/15

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

No 1/2005 shall apply mutatis mutandis in relation to animal
health.’.

(b) they must either:

Article 35

(i) have appropriate cleaning and disinfection facilities
including

approved by the competent authority,
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.

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);

Amendment to Directive 93/119/EC

In Annex A to Directive 93/119/EC, paragraph 3 of Part II
shall be 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. The use of instruments which administer elec-
tric shocks shall be avoided as far as possible. In any
case, these instruments shall only be used for adult
bovine animals and adult pigs which refuse to move,
and only when they have room ahead of them in which
to move. Shocks shall last no longer than one second,
be adequately spaced, and shall only be applied to the
muscles of the hindquarters. Shocks shall not be used
repeatedly if the animal fails to respond.’.

(c) the species and number of animals carried;

Article 36

(d) date and place of disinfection;

(e) details of accompanying documentation including the

number;

(f) expected duration of each journey.

Transporters shall ensure that

3.
the consignment or
animals do not at any time, between leaving the holdings or
the assembly centre of origin and arriving at their destina-
tion, come into contact with animals of a lower health
status.

4. Member States shall ensure that transporters observe
the provisions of this Article relating to the appropriate
documentation that must accompany the animals.

Amendments to Regulation (EC) No 1255/97

Regulation (EC) No 1255/97 is hereby amended as follows:

1) the words ‘staging points’ shall be replaced by the words

‘control posts’ everywhere in the Regulation;

2) in Article 1, paragraph 1 shall be replaced by the following:

‘1.
Control posts are places where animals are rested for
at least 12 hours or more pursuant to point 1.5. or 1.7(b)
of Chapter V of Annex I to Regulation (EC) 1/2005 (*).

(*) OJ L 3, 5.1.2005.’

3) Article 3 shall be replaced by the following:

This Article shall not apply to persons transporting
5.
animals up to a maximum distance of 65 km counted from
the place of departure to the place of destination.

6.
In the event of failure to comply with this Article, the
provisions concerning infringements and notifications of
infringements provided for in Article 26 of Regulation (EC)

‘Article 3

1.
The competent authority shall approve and issue an
approval number to each control post. Such approval may
be limited to a particular species or to certain categories of
animal and health status. Member States shall notify the
Commission of the list of approved control posts and any
updates.

L 3/16

EN

Official Journal of the European Union

5.1.2005

Member States shall also notify the Commission of the
detailed arrangements in application of the provisions in
Article 4(2), in particular the period of use as control posts
and the double purpose of approved premises.

4) in Article 4, the following paragraph shall be added:

The competent authority of the place of departure
‘4.
shall notify the movement of animals passing through
control posts through the information exchange system
referred to in Article 20 of Directive 90/425/EEC.’;

2.
Control posts shall be listed by the Commission in
accordance with the procedure referred to in Article 31(2)
of Regulation (EC) No 1/2005 upon a proposal of the
competent authority of the Member State concerned.

5) Article 6 shall be replaced by the following:

3. Member States may only propose control posts for
listing once the competent authority has checked that it
complies with the relevant requirements and approved it.
For the purpose of such approval, the competent authority
as defined in Article 2(6) of Directive 90/425/EEC shall
the requirements in
ensure that control posts fulfil all
Annex I to this Regulation; in addition, such control posts
shall:

(a) be located in an area which is not subject to prohibition
or restrictions in accordance with relevant Community
legislation;

(b) be under the control of an official veterinarian who
shall ensure, inter alia, compliance with the provisions of
this Regulation;

‘Article 6

Before the animals leave the control post, the official
1.
veterinarian or any veterinarian designated for this purpose
by the competent authority shall confirm on the journey
log as referred to in Annex II of Regulation (EC) No 1/2005
that the animals are fit to continue their journey. Member
States may stipulate that expenditure incurred as a result of
the veterinary check shall be borne by the operator
concerned.

The rules

2.
relating to the exchange of messages
between authorities to comply with the requirements of this
Regulation shall be laid down in accordance with the proce-
dure laid down in Article 31(2) of Regulation (EC) No
1/2005’;

6) Article 6a shall be replaced by the following:

(c) operate in compliance with all the relevant Community
rules regarding animal health, the movement of animals
and the protection of animals at the time of slaughter;

‘Article 6a

(d) undergo regular inspection, at least twice a year, to
ascertain that the requirements for approval continue to
be fulfilled.

A Member State must, in serious cases, particularly on
4.
animal health or welfare grounds, suspend the use of a
control post situated in its territory.
inform the
Commission and the other Member States of such suspen-
sion and of its reasons. The suspension of the use of the
control post may only be lifted after notification to the
Commission and the other Member States on its reasons.

It shall

This Regulation shall be amended by the Council, acting by
a qualified majority, on a proposal from the Commission,
with a view in particular to adapting it to technological and
scientific progress, except as regards any amendments to the
Annex which are necessary to adapt it to the animal health
situation which may be adopted in accordance with the
procedure laid down in Article 31(2) of Regulation (EC)
No 1/2005’;

7) in Article 6b, the first sentence, shall be replaced by the

following:

‘Article 6b

The Commission,

5.
in accordance with the procedure
referred to in Article 31(2) of Regulation (EC) No 1/2005,
may suspend the use of a control post or withdraw it from
the list, if on-the-spot checks carried out by the experts of
the Commission as referred to in Article 28 of that Regu-
lation indicate non-compliance with the relevant Com-
munity legislation.’;

The Member States shall apply the provisions of Article 26
of Council Regulation (EC) No 1/2005 to penalise any
infringement of the provisions of this Regulation and shall
take all measures necessary to ensure that they are imple-
mented.’;

5.1.2005

EN

Official Journal of the European Union

L 3/17

8) Annex I shall be amended as follows:

(a) the title shall be replaced by the following:

‘ANNEX

COMMUNITY CRITERIA FOR CONTROL POSTS’

(b) Section A shall be replaced by the following:

‘A. HEALTH AND HYGIENE MEASURES

1. Every control posts must

(a) be located, designed, constructed and operated
as to ensure sufficient bio-security preventing
the spreading of serious infectious diseases to
other holdings
between consecutive
consignments of animals passing through these
premises;

and

(b) be constructed, equipped and operated as to
ensure that cleaning and disinfection proce-
dures can be carried out. A lorry wash shall be
provided on the spot. Such facilities must be
operational under all weather conditions;

(c) be cleansed and disinfected before and after
each use, as required by the official veteri-
narian.

2. Personnel and equipment entering into contact
with the animals accommodated shall be exclu-
sively dedicated to the premises concerned unless
they have been subject to a cleaning and disinfec-
tion procedure after being in contact with the
animals or their faeces or urine. In particular the
person in charge of the control post shall provide
clean equipment and protective clothes, which
shall be kept exclusively for the use of any persons
entering the control post, and shall make available
suitable equipment for cleansing and disinfecting
the above items.

3. Bedding material

removed when a
shall be
consignment of animals is moved from an enclo-
sure and, after
the cleansing and disinfecting
operations provided for in point 1(c), shall be
replaced by fresh bedding.

4. Animals

litter,

faeces and urine shall not be
collected from the premises unless they have been
subject to an appropriate treatment in order to
avoid the spreading of animal diseases.

tely cleared of animals for a period of at least
24 hours after a maximum of 6 days' use and after
cleansing and disinfecting operations have been
carried out, and prior to the arrival of any new
consignment.

6. Before accepting animals, control posts shall:

(a) have started the cleansing and disinfection
operations within 24 hours
following the
departure of all animals previously held there
of
the
accordance with
in
Article 4(3) of this Regulation;

provisions

(b) have remained clear of animals until
operation

disinfection

cleansing
completed to the satisfaction of
veterinarian.’;

the
is
the official

and

(c) Section B, paragraph 1 shall be replaced by the

following:

for

transport

‘1. In addition to the provisions of Chapters II and III of
Annex I to Regulation (EC) No 1/2005 applying to
loading and unloading
means of
animals, every control post must have suitable
equipment and facilities available for the purpose of
loading and unloading animals from the means of
transport. In particular, such equipment and facilities
must have a non-slip floor covering and, if neces-
sary, be provided with lateral protection. Bridges,
ramps and gangways must be fitted with sides, rail-
ings or some other means of protection to prevent
them. Loading and unloading
animals falling off
ramps should have the minimum possible incline.
Passageways must have floor coverings which mini-
mise the risk of slipping and be so constructed as to
minimise the risk of injury to animals. Particular
care must be taken to ensure that no appreciable
gap or step is allowed between the vehicle floor and
the ramp or the ramp and the floor of the unloading
area requiring animals to jump or likely to cause
them to slip or stumble.’;

9) Annex II shall be deleted.

Article 37

Entry into force and date of application

This Regulation shall enter
into force on the 20th day
following that of its publication in the Official Journal of the
European Union.

5. Appropriate sanitary breaks between two consecu-
tive consignments of animals shall be respected
and if appropriate adapted depending on whether
they come from a similar region, zone or compart-
ment. In particular, control posts shall be comple-

It shall apply as from 5 January 2007.

However, Article 6(5) shall apply as from 5 January 2008.

L 3/18

EN

Official Journal of the European Union

5.1.2005

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

Done at Brussels, 22 December 2004.

For the Council

The President

C. VEERMAN

5.1.2005

EN

Official Journal of the European Union

L 3/19

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. No animal shall be transported unless it is fit for the intended journey, and all animals shall be transported in condi-

tions guaranteed not to cause them injury or unnecessary suffering.

2. 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 three weeks, lambs of less than one week and calves of less than ten days of age, unless

they are transported less than 100 km;

(f) they are dogs and cats of less than eight weeks of age, unless they are accompanied by their mother;

(g) they are cervine animals in velvet.

3. However, sick or injured animals may be considered fit for transport if they are:

(a) slightly injured or ill and transport would not cause additional suffering; in cases of doubt, veterinary advice shall

be sought;

(b) transported for the purposes of Council Directive 86/609/EEC (1) if the illness or injury is part of a research

programme;

(c) transported under veterinary supervision for or following veterinary treatment or diagnosis. However, such trans-
port shall be permitted only where no unnecessary suffering or ill treatment is caused to the animals concerned;

(d) animals that have been submitted to veterinary procedures in relation to farming practices such as dehorning or

castration, provided that wounds have completely healed.

4. 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 emer-
gency slaughter or killing in a way which does not cause them any unnecessary suffering.

5. 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 under veterinary supervision.

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

of not more than 12 hours.

7. Requirements of paragraphs 2(c) and 2(d) do not apply for registered Equidae if the purpose of the journeys is to
improve the health and welfare conditions of birth, or for newly born foals with their registered mares, provided that
in both cases the animals are permanently accompanied by an attendant, dedicated to them during the journey.

(1) OJ L 358, 18.12.1986 p. 1. Directive as last amended by Directive 2003/65/EC of the European Parliament and of the Council (OJ

L 230, 16.9.2003, p. 32).

L 3/20

EN

Official Journal of the European Union

5.1.2005

CHAPTER II

MEANS OF TRANSPORT

1. Provisions for all means of transport

1.1. 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, extreme temperatures and adverse changes in climatic condi-

tions;

(c) be cleaned and disinfected;

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

(e) 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) present a flooring surface that is anti-slip;

(h) present a flooring surface that minimises the leakage of urine or faeces;

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

1.2. Sufficient space shall 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.

1.3. For wild animals and for species other than domestic Equidae or domestic animals of bovine, ovine, caprine and

porcine species where appropriate, the following documents shall accompany the animals:

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

(b) written instructions about feeding, watering and any special care required.

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

easy operation.

1.5. Piglets of less than 10 kgs, lambs of less than 20 kgs, calves of less than six months and foals of less than four
months of age shall be provided with appropriate bedding material or equivalent material which guarantees
their comfort appropriate to the species, the number of animals being transported, the journey time, and the
weather. This material has to ensure adequate absorption of urine and faeces.

1.6. Without prejudice to Community or national rules on crew and passenger safety, 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.

2. Additional provisions for transport by road or rail

2.1. Vehicles in which animals are transported shall be clearly and visibly marked indicating the presence of live
animals, except when the animals are transported in containers marked in accordance with paragraph 5.1.

2.2. Road vehicles shall carry suitable equipment for loading and unloading.

2.3. 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.

5.1.2005

EN

Official Journal of the European Union

L 3/21

3. Additional provisions for transport on roll-on-roll-off vessels

3.1. Before loading onto a vessel the master 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

an alarm system and an adequate secondary source of power in case of failure;

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

3.2. 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.

4. Additional provisions for transport by air

4.1. Animals shall be transported in containers, pens or stalls appropriate for the species, which comply with Inter-
national Air Transport Association (IATA) live animals Regulations, in its version referred to in Annex VI.

4.2. 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.

5. Additional provisions for transport in containers

5.1. 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.

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

5.3. Containers of more that 50 kg 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

1. Loading, unloading and handling

1.1. Due regard shall be paid to the need of certain categories of animals, such as wild animals, to become acclima-

tised to the mode of transport prior to the proposed journey.

1.2. Where loading or unloading operations last for more than four hours, except for poultry:

(a) appropriate facilities shall be available in order to keep, feed and water the animals outside the means of

transport without being tied;

(b) 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 oper-

ated 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.

L 3/22

EN

Official Journal of the European Union

5.1.2005

1.4.

(a) Ramps shall not be steeper than an angle of 20 degrees, that is 36,4 % to the horizontal for pigs, calves and
horses and an angle of 26 degrees 34 minutes, that is 50 % to the horizontal for sheep and cattle other than
calves. Where the slope is steeper than 10 degrees, that is 17,6 % to the horizontal, ramps shall be fitted
with a system, such as provided by foot battens, which ensure that the animals climb or go down without
risks or difficulties;

(b) lifting platforms and upper floors shall have safety barriers so as to prevent animals falling or escaping

during loading and unloading operations.

1.5. Goods which are being transported in the same means of transport as animals shall be positioned so that they

do not cause injury, suffering or distress to the animals.

1.6. Appropriate lighting shall be provided during loading and unloading.

1.7. When containers loaded with animals are placed one on top of the other on the means of transport, the neces-

sary precautions shall be taken:

(a) to avoid, or in the case of poultry, rabbits and fur animals, to limit urine and faeces falling on the animals

placed underneath;

(b) to ensure stability of the containers;

(c) to ensure that ventilation is not impeded.

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 in such a way as to cause them unnecessary

pain or suffering;

(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 prods or other implements with pointed ends;

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

1.9. The use of instruments which administer electric shocks shall be avoided as far as possible. In any case, these
instruments shall only be used for adult bovine animals and adult pigs which refuse to move and only when
they have room ahead of them in which to move. The shocks shall last no longer than one second, be
adequately spaced and shall only be applied to the muscles of the hindquarters. Shocks shall not be used
repeatedly if the animal fails to respond.

1.10. Markets or assembly centres shall provide equipment for tethering animals when necessary. Animals not used

to being tied shall remain untied. Animals shall have access to water.

1.11. Animals shall not be tied by the horns, the antlers, the nose rings nor by legs tied together. Calves shall not be
muzzled. Domestic Equidae older than eight months shall wear halters during transport except for unbroken
horses.

When animals need to be tied, the ropes, tethers or other means used shall be:

(a) strong enough not to break during normal transport conditions;

(b) such as to allow the animals, if necessary, to lie down and to eat and drink;

(c) designed in such a way as to eliminate any danger of strangulation or injury, and so as to allow animals to

be quickly released.

5.1.2005

EN

Official Journal of the European Union

L 3/23

Separation

1.12. 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) sexually mature males from females;

(e) animals with horns from animals without horns;

(f) animals hostile to each other;

(g) tied animals from untied animals.

1.13. Points (a), (b), (c) and (e) of paragraph 1.12. 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. During transport

2.1. Space allowances shall at least comply with the figures laid down, in respect of the animals and the means of

transport referred to, in Chapter VII.

2.2. Domestic Equidae except mares travelling with their foals shall be transported in individual stalls when the
vehicle is loaded onto a Roll-on-Roll-off vessel. Derogation to this provision may be granted under national
rules provided that they are notified by the Member States to the Standing Committee on the food Chain and
Animal Health.

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

2.4. Unbroken Equidae shall not be transported in groups of more than four individuals.

2.5. Paragraphs 1.10. to 1.13. shall apply mutatis mutandis to the means of transport.

2.6. 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 stored in a way which does not impede their ventilation.

2.7. 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. If not otherwise specified, Mammals
and Birds shall be fed at least every 24 hours and watered at least every 12 hours. The water and feed shall be
of good quality and presented to the animals in a way which minimises contamination. Due regard shall be paid
to the need of animals to become accustomed to the mode of feeding and watering.

ADDITIONAL PROVISIONS FOR LIVESTOCK VESSELS OR VESSELS TRANSPORTING SEA CONTAINERS

CHAPTER IV

SECTION 1

Construction and equipment requirements for livestock vessels

1. 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.

2. 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) 40 air changes per hour if the compartment is fully enclosed and the clear height is less or equal to 2,30 meters;

L 3/24

EN

Official Journal of the European Union

5.1.2005

(b) 30 air changes 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.

3. 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.

4. The 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.

5. The drainage system shall be of appropriate capacity to drain fluids from pens and decks under all conditions. Drain-
pipes 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.

6. 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.

7. 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.

8. The following systems for livestock shall be equipped with a monitoring, control and alarm system in the wheel-

house:

(a) ventilation;

(b) fresh water supply and drainage;

(c) lighting;

(d) fresh water production if necessary.

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.

SECTION 2

Feed and water supply on livestock vessels or vessels transporting sea containers

Livestock vessels or vessels transporting sea containers with domestic Equidae and domestic animals of bovine, ovine,
caprine and porcine species, for journeys exceeding 24 hours, 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 1
for the intended journey plus 25 % or three days' spare supply of bedding, feed and water, whichever is the greater.

Table 1

Minimum daily feed and water supply on livestock vessels or vessels transporting sea containers

Category

Cattle and Equidae

Sheep

Pigs

Feed
(in % of live weight of animals)

Fodder

Concentrated feed

Fresh water (litres per
animal) (*)

2

2

—

1,6

1,8

3

45

4

10

(*) 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 live weight of the animals.

5.1.2005

EN

Official Journal of the European Union

L 3/25

Fodder may be replaced by concentrated feed and vice versa. However, due regard shall be paid to the need of certain
categories of animals, to become accustomed to the change of feed with regard to their metabolic needs.

CHAPTER V

WATERING AND FEEDING INTERVAL, JOURNEY TIMES AND RESTING PERIODS

1. Domestic Equidae, domestic animals of bovine, ovine, caprine and porcine species

1.1. The requirements laid down in this Section apply to the movement of domestic Equidae, except registered
Equidae, domestic animals of bovine, ovine, caprine and porcine species, except in the case of air transport.

1.2. Journey times for animals belonging to the species referred to in point 1.1. shall not exceed eight hours.

1.3. The maximum journey time in point 1.2. may be extended if the additional requirements of Chapter VI are met.

1.4. The watering and feeding intervals, journey times and rest periods when using road vehicles which meet the

requirements in point 1.3. are defined as follows:

(a) Unweaned calves, lambs, kids and foals which are still on a milk diet and unweaned piglets must, after nine
hours of travel, be given a rest period of at least one hour sufficient in particular for them to be given liquid
and if necessary fed. After this rest period, they may be transported for a further nine hours;

(b) Pigs may be transported for a maximum period of 24 hours. During the journey, they must have continuous

access to water;

(c) Domestic Equidae may be transported for a maximum period of 24 hours. During the journey they must be

given liquid and if necessary fed every eight hours;

(d) All other animals of the species referred to in point 1.1. must, after 14 hours of travel, be given a rest
period of at least one hour sufficient for them in particular to be given liquid and if necessary fed. After this
rest period, they may be transported for a further 14 hours.

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

hours.

1.6. Animals must not be transported by train if the maximum journey time exceeds that laid down in point 1.2.
However, the journey times laid down in point 1.4. shall apply where the conditions laid down in points 1.3.
and 1.4, except for rest periods, are met.

1.7.

(a) Animals must not be transported by sea if the maximum journey time exceeds that laid down in point 1.2,
unless the conditions laid down in points 1.3. and 1.4, apart from journey times and rest periods, are met.

(b) In the case of transport by sea on a regular and direct link between two geographical points of the Com-
munity by means of vehicles loaded on to vessels without unloading of the animals, the latter must be
rested for 12 hours after unloading at the port of destination or in its immediate vicinity unless the journey
time at sea is such that the voyage can be included in the general scheme of points 1.2. to 1.4.

1.8. In the interests of the animals, the journey times in points 1.3, 1.4. and 1.7(b) may be extended by two hours,

taking account in particular of proximity to the place of destination.

1.9. Without prejudice to the provisions of points 1.3. to 1.8, Member States are authorised to provide for a
maximum non-extendible journey time of eight hours for the transport of animals destined for slaughter, where
the transport is carried out exclusively from a place of departure to a place of destination both situated on their
own territory.

2. Other species

2.1. For poultry, domestic birds and domestic rabbits, suitable food and water shall be available in adequate quanti-

ties, save in the case of a journey lasting less than:

(a) 12 hours disregarding loading and unloading time; or

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

L 3/26

EN

Official Journal of the European Union

5.1.2005

2.2. 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.

2.3. Other species other than those referred to in point 2.1. or 2.2. shall be transported in accordance with the

written instructions about feeding and watering and taking into account any special care required.

ADDITIONAL PROVISIONS FOR LONG JOURNEYS OF DOMESTIC EQUIDAE AND DOMESTIC ANIMALS
OF BOVINE, OVINE, CAPRINE AND PORCINE SPECIES

CHAPTER VI

1. All long journeys

Roof

1.1. The means of transport shall be equipped with a roof of light-colour and be properly insulated.

Floor and Bedding

1.2. Animals shall be provided with appropriate bedding or equivalent material which guarantees their comfort
appropriate to the species, the number of animals being transported, the journey time, and the weather. This
material has to ensure adequate absorption of urine and faeces.

Feed

1.3. 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.

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

means of transport.

1.5. 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 means of transport to prevent its being overturned. When the means of transport is moving and
when the equipment is not in use, it shall be stored separate from the animals.

Partitions

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

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

providing all the animals with free access to water.

1.8. 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.

Minimum criteria for certain species

1.9. Except if accompanied by their mother, long journeys are only permitted for domestic Equidae and domestic

animals of bovine and porcine species if:

— domestic Equidae are older than four months, with the exception of registered Equidae,

— calves are older than fourteen days,

— pigs are heavier than 10 kgs.

Unbroken horses shall not be transported on long journeys.

2. Water supply for transport by road, rail or sea containers

2.1. The means of transport and sea containers shall be equipped with a water supply that makes it possible for the
attendant to provide water instantly whenever it is necessary during the journey, so that each animal has access
to water.

2.2. The watering devices shall be in good working order and be appropriately designed and positioned for the cate-

gories of animals to be watered on board the vehicle.

5.1.2005

EN

Official Journal of the European Union

L 3/27

2.3. The water tanks' total capacity for each means of transport 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.

2.4. A derogation from point 2.3. may apply to sea containers exclusively used on vessels that supply water to them

from the vessel's own water tanks.

3. Ventilation for means of transport by road and temperature monitoring

3.1. Ventilation systems on means of transport by road shall be designed, constructed and maintained in such way
that, at any time during the journey, whether the means of transport is stationary or moving, they are capable
of maintaining a range of temperatures from 5 oC to 30 oC within the means of transport, for all animals, with
a +/- 5 oC tolerance, depending on the outside temperature.

3.2. The ventilation system must be capable of ensuring even distribution throughout with a minimum airflow of
nominal capacity of 60 m3/h/KN of payload. It must be capable of operating for at least 4 hours, independently
of the vehicle engine.

3.3. Means of transport by road must be fitted with a temperature 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 character-
istics, are most likely to experience the worst climatic conditions. Temperature recordings obtained in such
manner shall be dated and made available to the competent authority upon request.

3.4. Means of transport by road must be fitted with a warning system in order to alert the driver when the tempera-

ture in the compartments where animals are located reaches the maximum or the minimum limit.

3.5. The Commission shall elaborate before 31 July 2005 a report on the basis of an opinion of the European Food
Safety Authority, accompanied by appropriate draft measures with a view to establishing a range of maximum
and minimum temperatures for the transported animals, to be adopted in accordance with the procedure
referred to in Article 31(2), taking into account the prevailing temperatures within certain regions of the Com-
munity having particular climatic conditions.

4. Navigation System

4.1. Means of transport by road must be equipped as from 1 January 2007 for means of transport by road for the
first time in service and as from 1 January 2009 onwards for all means of transport, with the appropriate Navi-
gation System allowing for recording and providing information equivalent to those mentioned in the journey
log as referred to in Annex II, Section 4, and information concerning opening/closing of the loading flap.

4.2. The Commission shall submit to the Council, by 1 January 2008, the results of study of navigation systems and

the application of such technology for the purpose of this Regulation.

4.3. The Commission shall submit to the Council, not later than 1 January 2010, a report on the implementation of
the Navigation System referred to in paragraph 4.2, accompanied by any proposals it would deem appropriate,
aimed in particular at defining specifications of the Navigation System to be used for all means of transport. The
Council shall act on such proposals by qualified majority.

CHAPTER VII

SPACE ALLOWANCES

Space allowances for animals shall comply at least with the following figures:

A. Domestic equidae

Transport by rail

Adult horses

1,75 m2 (0,7 × 2,5 m) (*)

Young horses (6 — 24 months) (for journeys of up to 48 hours) 1,2 m2 (0,6 × 2 m)

Young horses (6 — 24 months) (for journeys over 48 hours)

2,4 m2 (1,2 × 2 m)

Ponies (under 144 cm)

Foals (0 — 6 months)

(*) The standard useable width of wagons is 2 to 2 m.

1 m2 (0,6 × 1,8 m)

1,4 m2 (1 × 1,4 m)

Note: During long journeys, foals and young horses must be able to lie down

L 3/28

EN

Official Journal of the European Union

5.1.2005

These figures may vary by a maximum of 10 % for adult horses and ponies and by a maximum of 20 % for young
horses and foals, depending not only on the horses' weight and size but also on their physical condition, the meteor-
ological conditions and the likely journey time.

Transport by road

Adult horses

1,75 m2 (0,7 × 2,5 m)

Young horses (6 — 24 months) (for journeys of up to 48 hours) 1,2 m2 (0,6 × 2 m)

Young horses (6 — 24 months) (for journeys over 48 hours)

2,4 m2 (1,2 × 2 m)

Ponies (under 144 cm)

Foals (0 — 6 months)

1 m2 (0,6 × 1,8 m)

1,4 m2 (1 × 1,4 m)

Note: During long journeys, foals and young horses must be able to lie down

These figures may vary by a maximum of 10 % for adult horses and ponies and by a maximum of 20 % for young
horses and foals, depending not only on the horses' weight and size but also on their physical condition, the meteor-
ological conditions and the likely journey time.

Transport by air

Loading density of horses in relation to surface area

0 — 100 kg

100 — 200 kg

200 — 300 kg

300 — 400 kg

400 — 500 kg

500 — 600 kg

600 — 700 kg

700 — 800 kg

Live weight in kg

200 — 300

300 — 400

400 — 500

500 — 600

600 — 700

Transport by sea

B. Bovine animals

Transport by rail

0,42 m2

0,66 m2

0,87 m2

1,04 m2

1,19 m2

1,34 m2

1,51 m2

1,73 m2

m2/animal

0,90 — 1,175

1,175 — 1,45

1,45 — 1,725

1,725 — 2

2 — 2,25

Category

Approximate weight (in kg)

Area in m2/animal

Small calves

Medium sized calves

Heavy calves

Medium sized cattle

Heavy cattle

Very heavy cattle

50

110

200

325

550

> 700

0,30 to 0,40

0,40 to 0,70

0,70 to 0,95

0,95 to 1,30

1,30 to 1,60

> 1,60

5.1.2005

EN

Official Journal of the European Union

L 3/29

These figures may vary, depending not only on the animals' weight and size but also on their physical condition, the
meteorological conditions and the likely journey time.

Transport by road

Category

Approximate weight (in kg)

Area in m2/animal

Small calves

Medium sized calves

Heavy calves

Medium sized cattle

Heavy cattle

Very heavy cattle

50

110

200

325

550

> 700

0,30 to 0,40

0,40 to 0,70

0,70 to 0,95

0,95 to 1,30

1,30 to 1,60

> 1,60

These figures may vary, depending not only on the animals' weight and size but also on their physical condition, the
meteorological conditions and the likely journey time.

Transport by air

Category

Calves

Cattle

Transport by sea

Approximate weight (in kg)

Area in m2/animal

50
70

300
500

0,23
0,28

0,84
1,27

Live weight in kg

200 — 300

300 — 400

400 — 500

500 — 600

600 — 700

m2/animal

0,81 — 1,0575

1,0575 — 1,305

1,305 — 1,5525

1,5525 — 1,8

1,8 — 2,025

Pregnant animals must be allowed 10 % more space.

C. Sheep/Goats

Transport by rail

Shorn sheep

Unshorn sheep

Heavily pregnant ewes

Category

Weight in kg

Area in m2/animal

< 55

> 55

< 55

> 55

< 55

> 55

0,20 to 0,30

> 0,30

0,30 to 0,40

> 0,40

0,40 to 0,50

> 0,50

L 3/30

EN

Official Journal of the European Union

5.1.2005

Category

Weight in kg

Area in m2/animal

Goats

Heavily pregnant goats

< 35

35 to 55

> 55

< 55

> 55

0,20 to 0,30

0,30 to 0,40

0,40 to 0,75

0,40 to 0,50

> 0,50

The surface area indicated above may vary depending on the breed, the size, the physical condition and the length of
fleece of the animals, as well as on the meteorological conditions and the journey time.

Transport by road

Category

Weight in kg

Area in m2/animal

Shorn sheep and lambs of 26 kg and over

Unshorn sheep

Heavily pregnant ewes

Goats

Heavily pregnant goats

< 55

> 55

< 55

> 55

< 55

> 55

< 35

35 to 55

> 55

< 55

> 55

0,20 to 0,30

> 0,30

0,30 to 0,40

> 0,40

0,40 to 0,50

> 0,50

0,20 to 0,30

0,30 to 0,40

0,40 to 0,75

0,40 to 0,50

> 0,50

The surface area indicated above may vary depending on the breed, the size, the physical condition and the length of
fleece of the animals, as well as on the meteorological conditions and the journey time. As an indication: for small
lambs, an area of under 0,2 m2 per animal may be provided.

Transport by air

Loading density for sheep and goats in relation to surface area

Average weight (in kg)

Surface area per sheep/goat (in m2)

Transport by sea

25

50

75

Live weight in kg

20 — 30

30 — 40

40 — 50

50 — 60

60 — 70

0,2

0,3

0,4

m2/animal

0,24 — 0,265

0,265 — 0,290

0,290 — 0,315

0,315 — 0,34

0,34 — 0,39

5.1.2005

EN

Official Journal of the European Union

L 3/31

D. Pigs

Transport by rail and by road

All pigs must at least be able to lie down and stand up in their natural position.

In order to comply with these minimum requirements, the loading density for pigs of around 100 kg should not
exceed 235 kg/m2.

The breed, size and physical condition of the pigs may mean that the minimum required surface area given above
has to be increased; a maximum increase of 20 % may also be required depending on the meteorological conditions
and the journey time.

Transport by air

The loading density should be relatively high to preclude injury on takeoff or landing or in the event of turbulence,
although all animals must still be able to lie down. The climate, total journey time and hour of arrival should be
taken into account in deciding on the loading density.

Average weight

Surface area per pig

Transport by sea

15 kg

25 kg

50 kg

100 kg

Live weight in kg

10 or less

20

45

70

100

140

180

270

E. Poultry

Densities applicable to the transport of poultry in containers

Minimum floor areas shall be provided as follows:

Category

Day-old chicks

Poultry other than day-old chicks: weight in kg

< 1,6

1,6 to < 3

3 to < 5

> 5

0,13 m2

0,15 m2

0,35 m2

0,51 m2

m2/animal

0,20

0,28

0,37

0,60

0,85

0,95

1,10

1,50

Area in cm2

21 — 25 per chick

Area in cm2 per kg

180 — 200

160

115

105

These figures may vary depending not only on the weight and size of the birds but also on their physical condition,
the meteorological conditions and the likely journey time.

L 3/32

EN

Official Journal of the European Union

5.1.2005

ANNEX II

JOURNEY LOG

(as referred to in Article 5(4), Article 8(2), points (a) and (c) of Article 14 and Article 21(2))

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

provisions of this Annex.

2. The journey log shall comprise the following sections:

Section 1 — Planning;

Section 2 — Place of departure;

Section 3 — Place of destination;

Section 4 — Declaration by transporter;

Section 5 — Specimen anomaly report.

The pages of the journey log shall be fastened together.

Models of each section are set out in the Appendix hereto.

3. The organiser shall:

(a) identify each journey log with a distinguishing number;

(b) ensure that a signed copy of Section 1 of the journey log, properly completed except as regards the veterinary–
certificate numbers, is received within two working days before the time of departure by the competent authority
of the place of departure in a manner defined by such authority;

(c) comply with any instruction given by the competent authority under point (a) of Article 14(1);

(d) ensure that the journey log is stamped as required in Article 14(1);

(e) 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. 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 compliance with the provisions of this Regulation using the
specimen form in Section 5 as soon as possible.

5. When the place of destination is located within the territory of the Community, keepers at the place of destination
shall keep the journey log, except Section 4, for at least three years from the date of arrival at the place of destina-
tion.

The journey log shall be made available to the competent authority upon request.

6. When the journey has been completed within the territory of the Community, the transporter shall complete and

sign Section 4 of the journey log.

7. If animals are exported to a third country, transporters shall give the journey log to the official veterinarian at the

exit point.

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

8. The transporter referred to in Section 3 of the journey log shall keep:

(a) a copy of the completed journey log;

(b) the corresponding record sheet or print out as referred to in Annex I or Annex IB to Regulation (EEC) No 3821/

85 if the vehicle is covered by that Regulation.

Documents referred to in points (a) and (b) shall be made available to the competent authority which granted the
transporter's authorisation and upon request to the competent authority of the place of departure, 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.

Documents referred to in point (a) shall be returned to the competent authority of the place of departure within 1
month after the completion of the journey, unless the systems referred to in Article 6(9) were used. A simplified
version of the journey log and guidelines for the presentation of the records referred to in Article 6(9) shall be estab-
lished in accordance with the procedure referred to in Article 31(2), when vehicles are equipped with the systems
referred to in Article 6(9).

5.1.2005

EN

Official Journal of the European Union

L 3/33

Appendix

SECTION 1

PLANNING

L 3/34

EN

Official Journal of the European Union

5.1.2005

SECTION 2

PLACE OF DEPARTURE

5.1.2005

EN

Official Journal of the European Union

L 3/35

SECTION 3

PLACE OF DESTINATION

L 3/36

EN

Official Journal of the European Union

5.1.2005

4
N
O
I
T
C
E
S

R
E
T
R
O
P
S
N
A
R
T
Y
B
N
O
I
T
A
R
A
L
C
E
D

5.1.2005

EN

Official Journal of the European Union

L 3/37

SECTION 5

SPECIMEN ANOMALY REPORT No …

A copy of the anomaly report accompanied by a copy of Section 1 of the journey log shall be transmitted to the compe-
tent authority.

L 3/38

EN

Official Journal of the European Union

5.1.2005

ANNEX III

FORMS

(as referred to in Articles 10(2), 11(2), 17(2) and 18(2))

CHAPTER I

Transporter authorisation pursuant to Article 10(1)

5.1.2005

EN

Official Journal of the European Union

L 3/39

CHAPTER II

Transporter authorisation pursuant to Article 11(1)

L 3/40

EN

Official Journal of the European Union

5.1.2005

Certificate of competence for drivers and attendants pursuant to Article 17(2)

CHAPTER III

5.1.2005

EN

Official Journal of the European Union

L 3/41

Certificate of approval of means of transport by road for long journeys pursuant to Article 18(2)

CHAPTER IV

L 3/42

EN

Official Journal of the European Union

5.1.2005

ANNEX IV

TRAINING

1. Road drivers and attendants as referred to in Article 6(5) and Article 17(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.

2. The training courses referred to in paragraph 1 shall include at least the technical and administrative aspects of Com-

munity legislation concerning the protection of animals during transport and in particular the following items:

(a) Articles 3 and 4 and 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;

(f) safety considerations for personnel handling animals.

5.1.2005

EN

Official Journal of the European Union

L 3/43

ANNEX V

INTERNATIONAL AGREEMENTS

(as referred to in Article 21(1)(e))

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

L 3/44

EN

Official Journal of the European Union

5.1.2005

ANNEX VI

INTERNATIONAL STANDARDS FOR CONTAINERS, PENS OR STALLS APPROPRIATE FOR TRANS-
PORTING LIVE ANIMALS BY AIR

(as referred to in Annex I, Chapter II (paragraph 4.1))

International Air Transport Association (IATA) live animals regulations 31st Edition, 1 October 2004.