CELEX: 51978PC0764
Language: en
Date: 1979-01-16
Title: PROPOSAL FOR A COUNCIL DIRECTIVE establishing measures for the implementation of Directive 77/489/EEC on the protection of animals during international transport (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (78) 764
Vol. 1978/0277
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                              COM(78)764 final.
                                              Brussels , 16 January 1979 .
                             PROPOSAL FOR A
                            COUNCIL DIRECTIVE
            establishing measures for the implementation
        of Directive 77/489/EEC on the protection of animals
                    during international transport
            ( submitted to the Council by the Commission )
                       r
                      A" •
                     i-  '
                      V    "     ■ \J
  O0M(78 ) 764 final .C             J,     /
                      /
 ---pagebreak---              COMMUNICATION FROM THE COMMISSION TO THE COUNCIL
  Subject : Proposal for a Council Directive establishing measures for the
              implementation of the Council Directive of 18 July 1977 on the
              protection of animals during international transport ( 77 / 489 / EEC )
Article 7 of the Council Directive of 18 July 1977 on the protection of animals
during international transport ( 77 / 489 / EEC ) provides for the adoption of
measures necessary for the implementation of the Directive .
The present proposal lays down certain provisions for application of that
Article , arid in particular the provisions necessary for the implementation of
point 1(d ) of the Annex to the Directive .
In addition, proposals are made to meet requirements relating to
certification where the Commission has found it necessary to establish a
document in addition to the health certificate to ensure that the entire
duration of international transport is covered .
The proposal also includes provisions designed to permit the gradual development
of Community measures in this field of animal protection specifically related
to land, water and air transport .    To speed up the development and adoption of
                                              O
these measures and to enable their practical application,
            it is proposed that pursuant to Article 155 of the EEC Treaty the
Commission be empowered to lay down the rules for the application of the
Directive , in accordance with the procedure of the Standing Veterinary Committee .
 ---pagebreak---                                                              i n.
   *     .                    > ••  PROPOSAL FOR A
                                   COUNCIL DIRECTIVE
     establishing measures for the implementation of Directive
                  77/489/EEC on the protection of animals
                         during international transport
                            '                         t
 THE COUNCIL OF THE EUROPEAN COMMUNITIES,
 Having regard to th® Treaty establishing the European Economic Community, and
  in particular Articles A3 and 100 thereof,
 Having regard to Council Directive 77/489/EEC of 18 July 1977 on the protection of
                                            (1)
 animals during international transport , and 1n particular Article 7 thereof**
 Having regard to the proposal from the Commission,                       '
 .. .          ....       * .        ...           -i
 Having regard to the opinion of the European Parliament,
                                     (
               ..   ..    *     .    ...
 Having regard to the opinion
                          1
                                   of the Economic and Social Committee;
                          à
 Whereas the Council provided in Article 7 of Directive 77/489 / EEjC for the
adoption of the provisions necessary for the implementation of that Directive^-
Whereas Directive 77/489/ EEC will not have th© desired effects as long as
disparities exist between the Member States as to the application of certain
provisions on the protection of animals during international transport ;
whereas Community provisions should therefore be adopted 1n this field;
Whereas' the abovementioned Directive provides that the best means of ensuring
that domestic animals of the bovinej ovine, caprine and porcine species and
domestic solipsds are- transported without cruelty is to provide for an inter-' -
national transport certificate to be issued in respect of such animals ;whereas to
that end the certificate must accompany the animals totheix^ifei destination
and contain details of the conditions of transport at every st&ge :
     O.J. No L 200, 8.8.1977, p. 1 Gj
 ---pagebreak---                                 - 2 -
Whereas )t 1s necessary to lay down the procedure referred to In Article ?
of the abovementioned Directive whereby in certain specific cas <?3 Member
 States may be authorized at their request not to apply point 1 of Chapter I
of the Annex to the Directive; whereas such exemption must ,      however, be
subject to guarantees relating to      conditions of transport , where appropriate
 by providing for a special certificate to be issued; whereas the advisability
and conditions of exemption     should be determined by a Community procedure
under which there is close and effective cooperation between the Member States
and the Commission;
Whereas pursuant to Article 7 of the said Directive and to ensure the general
implementation of the Directive, provision should be made for laying dawn
detailed requirements for each type of transport , 1n accordance with the
abovementioned procedure ,
HAS ADOPTED THIS DIRECTIVE I
 ---pagebreak---                                    - 3 -
                                                   5     •
                                 Article 1
     Without prejudice to Article 2, Member States shall authorize the
     International transport of animals referred to in Chapter I of the Annex
     to Directive 77 / 489 / EEC by land/ water or air only on presentation of
     a certificate conforming to the specimen at Annea I to this Directive/ made
     out by an official veterinarian .
     Such certificate shall :
     - be issued on the day on which the animals are loaded for consignment to the
        country of destination;
     - be drafted in at least one of the official languages of the exporting
        country/ the country or countries of transit and the country cf destination;
     - accompany each consignment of animals transported to their final
        destination;                               ^
     - be valid for 14 days ;                      '
     - consist of a single sheet of paper .                           ,
2 . Member States shall ensure that the attestations required 1n the certificate
     provided for 1n paragraph 1 regarding loading / transport / arrival at
     destination/ feeding and watering of the animals are completed,, as appropriate/
     by an official of th£ competent authority/ by the owner or by his authorized
     agent .
                                                                            «
     The certificate shall be submitted to the competent authority of the
     Member State of destination within 24 hours after arrival at destination arid
      shall be kept by that authority for at least three months .
                                  Article 2
 1 . Member States may/ on application and In accordance with the procedure
      laid down in Article 4, be authorized not to apply points 1(a ), <b ) and < e )
      of Chapter I of the Annex to Directive 77 /489 / ESC in respect of certain
      categories of animals such as pure-bred breeding anima Is , or animals transported
      for shows or sporting competitions .
                               /
 ---pagebreak---                                    " 4 "
    Applications shall be submitted to the Commission and shall specify the
 , categories of animal concerned arid the reason exemption is required from
    one or more of- the provisions in question .
2 . For exemption to be granted , guarantees shall be provided to ensure at least that :
     - the animals are spared any cruel treatment or unnecessary suffering;
     - the other general and specific provisions of Directive 77 / 489 / EEC are
         observed ;
     - the duration of the Journey is not excessive .
3 . The decision to grant . exemption may         be made conditional on the issue
     of a certificate . In such case Member States shall ensure that a certificate,
     conforming to the specimen at Annex II , is issued by the competent authority .
      such certificate shall :
     - be issued on the day on which the animals are loaded for consignment to
         the country of destination;
     - be drafted in at least one of the official languages of the exporting
         country , the country or countries of transit and the country of destination;
     - accompany each consignment of animals transported to their final
         destination;
     - be valid for 14 days ;
                            't                  r
     - consist of a single sheet of paper .
                                  Article 3
   . The rules for implementing          Directive 77 /489 / EEC relating to animals
      transported by land, water and air shall take into account in particular :
     ~ the biological , physiological and etholcgical requirements of the animals
         before , during and after the journey;
                                                                1
      "" the means of transport and the fnethod of Loading and unloading;
      ~ the care of the animals by those in charge of them during the journey .
      Such rules shall be adopted in accordance with the procedure laid down 1n
      Article 4 .
 ---pagebreak---                                 Article 4
1 . Where the procedure laid down in this Article is to be followed, the matter
    shall without delay be referred by the chairman , either on his own initiative
    or at the request of a Member State , to the Standing Veterinary Committee
     ( hereinafter referred to as 'the Committee *), set up by the Council Decision
    68/361/EEC ,....^ -                   -      ' ~  ■- -    -   –
2 . Within the Committee the votes of the Member States shall be weighted as
    laid down in Article 148 < 2 > of the Treaty . The chairman shall not vote .
3 . The representative of the Commission shall submit a draft of the measures to
    be adopted . The Committee shall deliver its opinion on these measures
    within a time limit set by the chairman having regard to the urgency of the
    questions under examination . Opinions shall be delivered by a majority of
    41 votes .
4 . The Commission shall adopt the measures and shall implement them immediately^
    where they are in accordance with the opinion of the Committee .    Where the
    measures envisaged are not in accordance with the opinion of the Committee,
    or if no opinion is delivered, the Commission shall without delay submit to
    the Council a proposal on the measures to be taken . The Council shall adopt
    the measures by a qualified majority .
    If the Council has not adopted any measures within three months of the date
    on which the matter is referred to 1t , the Commission shall adopt the
    proposed measures and shall Implement them immediately .
                                Article 5
Member States shall bring into force the laws, regulations and administrative
provisions necessary to comply with this Directive on
    y shall forthwith inform the Commission thereof .
                                Article 6
This Directive 1s addressed to the Member States ,
 ---pagebreak---                                  ANNEX    I
                INTERNATIONAL      ANIMAI    TRANSPORT    CERTIFICATE ( 1 )
A. Transport of domestic solipeds and domestic animals of the
   bovine , ovine , caprine , and porcine species .
   Health certificate reference lumber
   Exporting country
   Competent authority
   I.     Number of animals
   II .   Description of animals ( 2 )
    III . Destination of animals
          The                     ( insert number ) animals will be sent
          from
                              ( place of loading )
          to
                         ( country and place of final destination )
          by railway wagon ( 3 ), lorry ( 3 ), aircraft ( 3 ), boat ( 3 ).
    IV .  I , the undersigned , certify that the animals described
          above have been inspected and in my opinion are fit for
           international transport .
           Stamp                        ; Date
                                          Signed
                                                      Official veterinarian
           This certificate has a validity of 14 days from the date of issue .
6.  V.     Loading Attestation
           The animals described in I and II were loaded under
           arrangements approved by the official veterinarian for
           international transport at
                                                   ( place of loading )
           on ( date )                          at                      ( time)(4 )
           Stamp
                                          Signed
                                          Official of competent authority
 ---pagebreak---                                           - 2 -                           ANNEX I
C. VI .     Journey Attestation
            (a)     First control post
                    Arrival        - Date                        Time
                    Departure      - Date                        Time
            Stamp
                                                   Signed
                                                   Official of competent authority
             ( b)   Second control post ( 5 )
                    Arrival        - Date ............           Time
                    Departure      - Date                        Time
               Stamp
                                                   Signed
                                                   Official of competent authority
               (c)   Third control post ( 5 )
                     Arrival       - Date                        Time
                     Departure     - Date .                      Time
               Stamp
                                                   Signed
                                                   Official of competent authority
D. VII . a . change of destination ( 6 )
             The                ( insert number ) animals will be sent
             to
                       ( country and place of final destination )
         b . Change of means of transport ( 6)        ( 7)
                railway wagon ( 3 ) lorry ( 3 ) aircraft ( 3 ) boat ( 3 )
E.  VIII . Feeding and Watering Attestation ( 8 )
              I , the undersigned, declare that the Animals described in I and II above
             were fed and watered at -
             Address of premises
             Date
                                                   Signed
                                                           Owner or authorized agent ,
              Arrival       - Date                            Time
              Departure     - Date                            Time
 ---pagebreak---                                           - 3 -                             ANNEX I
F.    IX . Destination Attestation
           Address of destination premises
           Arrival of animals , date                               time
                                                Signed .
                                                          Owner or authorized agent
G.    X.   After completion of the journey this completed certificate must be
                                                       ( 9)
           submitted to the Competent Authority             within 24 hours by the owner
           or authorized agent at the place of destination .
NOTES
1 . A certificate must be issued in respect of each consignment of animals transported
     in one and the same railway wagon, lorry , aircraft or boat from one and the
     same holding to one and the same consignee .
2 . The description should include breed, age and sex of animals .
3 . For railway wagons and lorries the registration number should be given, for
     aircraft the flight number and for boats the name .
4 . Time G.M.T. when the last of the animals was loaded .
5 . Information to be entered if animals transit a Member State .
6 . If a consignment of animals is divided into smaller groups , a copy of the
     certificate with Section D. VII completed must accompany each group to its
     final destination .
7 . In the case of transfer of a consignment from one vehicle to another the
     welfare certificate or copy must remain with the consignment to its final
     destination .
 8 . Information is required if journey has been longer than 18 hours and feeding
      and watering carried out in accordance with point 4(d) of the Annex to
      Directive 77 / 489 / EEC .
 9 . Competent authority for         BELGIUM
                                     DENMARK
                                     FRANCE
                                     GERMANY
                                     IRELAND
                                     ITALY
                                  LUXEMBOURG
                                 NETHERLANDS
                            UNITED KINGDOM
 ---pagebreak---                                    ANNEX  II
           CERTIFICATE       FOR THE PROTECTION OF ANIMALS TRANSPORTED
           IN ACCORDANCE WITH CONDITIONS OF EXEMPTION OF
                          COMMISSION DECISION
 For transport of domestic solipeds and domestic animals of the bovine , ovine,
 caprine , and porcine species .
                                   Health Certificate reference No .
                                                    Certificate No .
 Exporting country
 Competent authority . .. '^
 Railway wagon ( 2) lorry ( 2) aircraft < 2) boat C 2>
 I. Number and species of animals £ ^...
II . I , the undersigned, hereby certify that the animals described above ate
      travelling in accordance with the conditions laid down by Commission
      Decision ....
                                               Date                         ...»
                                                          /
                                               Signed
                                               Official of Competent Authority
      This certificate has a validity of 14 days from the date of issue .
                           !
 NOTES
   1 . A welfare certificate must be issued in respect of each consignment of
       animals transported 1n one and the same railway wagon, lorry, aircraft or
       boat from one and the same holding to one and the same consignee .
  ,2. For railway wagons and lorries the registration number should be given,
       for aircraft the flight number and for boats the name .
   3 . In the case of cattle, state cow, bull , bullock , heifer or calf . . In the
       case of horses , state mare, stallion, gelding or foal .