CELEX: 51990PC0238
Language: en
Date: 1990-06-05
Title: AMENDMENT TO THE PROPOSAL FOR A COUNCIL REGULATION ( EEC ) ON THE PROTECTION OF ANIMALS DURING TRANSPORT

COMMISSION OF THE EUROPEAN COMVIUNITIES
                                     C0M(90) 238 final
                                     Brussels,  5 J u n e 1990
                 Amendment to the proposal for a
                     COUNCIL REGULATION (EEC)
         on the protection of animals during transport
     (presented by the Commission pursuant to Article 149(3)
                        of the EEC-Treaty)
 ---pagebreak---                             EXPLANATORY MEMORANDUM
On 29 June 1989 the Commission presented to the Council a proposal for a
Regulation on the protection of animals during transport^ 1 ).
As a result of the opinion delivered by the European Parliament at       its
sitting of 5 April 1990( 2 ), the Commission has decided, in accordance with
Article 149(3) of the Treaty, to amend its original proposal.
(1) OJ No C 214, 21.08.1989, p. 36
(2) OJ No C ...
 ---pagebreak---                                         DRAFT
                            AMENDMENTS TO A PROPOSAL
                                        for a
                                COUNCIL REGULATION
                 on the protection of animals during transport
On 29 June 1989 the Commission presented the above proposal to the Council.
Following the opinion of the European Parliament delivered at its sitting
of 5 April 1990, the original proposal is amended as follows:
1.  The following recital 6a Is inserted:
    "Whereas    it  is unnecessary    for    live  animals    for  slaughter   to  be
    transported over long distances, as modern technology permits the rapid
    transport of carcases, either chilled or frozen, to all parts of the
    Community."
2.  In Article 1, point (b) Is replaced by the following:
    "(b)     poultry, domestic birds and domestic rabbits;"
3.  The following Article is inserted:
                                    "Article 3a
    No person shall transport any animal, or cause or permit any animal to
    be transported,     in a way which      is likely   to cause    injury or   undue
    suffering to that animal."
4.  In Article 5 a new paragraph is inserted:
    "2a.     In   respect  of  animals    being   transported    unaccompanied,   the
             agency   responsible   for   transporting    the   animal(s)  from   the
             consignor to the consignee shall be responsible for the welfare
            of    the  animal(s) during      transit  and,   before   accepting   the
            animal(s), shall ensure that:
 ---pagebreak---                                        - 2 -
              (a) the   consignor    has   presented   them   for    transport    in
                  accordance with the provisions of this Regulation;
              (b) the consignee is prepared to receive the animal(s)."
5.   In Article 6 the following paragraph is Inserted:
     "1. Animals for slaughter may not be transported         for periods     longer
          than a maximum laid down in accordance with Article 15(1)(a)."
    Paragraph 1 becomes paragraph 2. And paragraph 2 becomes paragraph 3.
6.   In Article 8(1), point (c) is replaced by the following:
     "(c)     arranging   for  the   humane   slaughter   and   disposal    of   the
              animals."
7.   In Article 10, paragraph 1 is replaced by the following:
    "1. Commission    veterinary   experts may,    to the extend    necessary    for
         uniform   application   of   this  Regulation,   carry   out   on-the-spot
          inspections. The Commission shall     inform the Member States of the
         outcome of such inspections, and require the Member States to take
          immediate corrective action. The Commission shall provide details
         of the minimum number of staff required to perform these checks, so
         that budgetary allowance can be made for the establishment of a
         Veterinary Inspectorate as from 1991."
8.   In Article 12(2), point (c) is replaced by the following:
    "(c)      arrange for their humane slaughter and disposal."
9.  In Article 15(1), point (b) is replaced by the following:
    "(b)      the approval of staging points and assembly points;"
10. The fol lowing Art le le is Inserted:
 ---pagebreak---                                       - 3 -
                                  "Article 20a
    The Commission shall make a report to Council and Parliament on the
    operation  of  this   Regulation   and    the Annex   three   years  after  its
    implementat ion."
11. In the Annex, Chapter V, point 46 is replaced by the following:
    "46.    Other   vertebrate   animals    and  cold-blooded    animals  shall  be
            transported    in  such   containers,    under   such   conditions,  in
            particular with regard to space, ventilation, temperature and
            security, and with      such   supply of water     and oxygen    as are
            considered   appropriate     for   the  species.   Animals   which  are
            covered by CITES shall be transported          In accordance with the
            CITES 'guidelines for transport and preparation for shipment of
            live wild animals and plants'. They shall           be transported   to
            their destination as soon as possible."
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                                                                COM(90) 238 final
                                                      DOCUMENTS
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