CELEX: 51993PC0330
Language: en
Date: 1993-07-13
Title: Proposal for a COUNCIL DIRECTIVE amending Directive 91/628/EEC concerning the protection of animals during transport

No C 250 / 12                              Official Journal of the European Communities                                          14 . 9 . 93
                                                                                                                            I
                                                                     II
                                                            (Preparatory Acts)
                                                      COMMISSION
              Proposal for a Council Directive amending Directive 91 /628/EEC concerning the protection of
                                                        animals during transport
                                                             (93 / C 250 /07)
                                                           COM(93) 330 final
                                          (Submitted by the Commission on 26 August 1993)
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                                need clearly defined criteria to enable them to operate
                                                                         on a Community-wide basis without coming into conflict
                                                                        with different national provisions ;
Having regard to the Treaty establishing the European
Economic Community, and in particular Article 43                        Whereas in order to eliminate technical barriers to trade
thereof,                                                                 in live animals and to allow the market organizations in
                                                                         question to operate smoothly, while ensuring a satis­
                                                                         factory level of protection for the animals concerned, it
Having regard to the proposal from the Commission,                       is necessary in the context of the internal market to
                                                                         modify the rules of Directive 91 /628 /EEC with a view
Having regard to the opinion of the European                             to harmonizing travelling times and resting periods,
Parliament,                                                              feeding and watering intervals, and space allowances, for
                                                                         certain types of animal ;
Having regard to the opinion of the Economic and                        Whereas the report from the Commission indicates that
Social Committee,                                                        current scientific knowledge is insufficient in respect of
                                                                         other types of animal to allow rules to be established for
                                                                        them at present ;
Whereas Article 13 ( 1 ) of Council Directive
91 /628 / EEC of 19 November 1991 on the protection of                  Whereas it is necessary, therefore, to modify Directive
animals during transport and amending Directives                        91 /628 /EEC with a view to providing a rapid and
90/425 /EEC and 91 /496 / EEC ('), as amended by                        flexible procedure whereby rules in respect of other
Decision 92 /438 /EEC (2), requires the Commission to                   animals may be added to the technical annexes at a later
submit a report, possibly accompanied by proposals , on                 date, when such scientific evidence becomes available,
the question of fixing maximum journey times for certain
types of animal, on feeding and watering intervals, on                  HAS ADOPTED THIS DIRECTIVE :
resting periods, on space allowances and on standards to
be met by means of transport as regards the transport of                                               Article 1
certain types of animal ;
                                                                        Directive 91 / 628 / EEC is amended as follows :
Whereas the report from the Commission, based on an                        1 . in Article 2 (2) the following points (h) and (i) are
opinion from the Scientific Veterinary Committee, shows                        added :
that standards can be established on the abovementioned
matters in respect of certain types of animal, based on                        '(h) "travelling time", the time after which the
scientific knowledge and established experience ;                                    movement of animals by a means of transport is
                                                                                     interrupted for resting, feeding or watering ;
Whereas Member States have rules on journey times,                              (i) "resting period", a continuous period during
feeding and watering intervals , resting periods and space                           which animals are not being moved by a means
allowances ; whereas these rules are, in some cases,                                 of transport.'
extremely detailed and are used by some Member States                      2 . in Article 3 ( 1 ), the following point (aa) is inserted :
to restrict intra-Community trade in live animals ;
whereas persons involved in the transport of animals                           '(aa)      space allowances for animals comply with
                                                                                          the figures laid down in Chapter VI of the
O OJ No L 340 , 11 . 12 . 1991 , p . 17 .                                                 Annex, in respect of the animals referred to
O OJ No L 243 , 25 . 8 . 1992 , p . 27 .                                                  in that Chapter,
 ---pagebreak--- 14 . 9 . 93                              Official Journal of the European Communities                                 No C 250 / 13
              — without prejudice to the provisions of               8 . Article 17 (2) is replaced by the following :
                  Council Regulation (EEC) No 3820 / 85 ('),
                 maximum travelling times and minimum                     '2 .    The representative of the Commission shall
                 resting periods comply with those laid                   submit to the Committee a draft of the measures to
                 down in Chapter VII of the Annex, in                    be taken . The Committee shall deliver its opinion on
                 respect of the animals referred to in that              the draft, within a time limit which the Chairman
                 Chapter ;                                               may lay down according to the urgency of the
                                                                         matter, if necessary by taking a vote.
     (') OJ No L 370 , 31 . 12 . 1985 , p. 1 .'
                                                                         The opinion shall be recorded in the minutes ; in
                                                                         addition, each Member State shall have the right to
 3 . Article 5 point 1 (b) is deleted ;                                  ask to have its position recorded in the minutes .
 4 . Article 5 (2) (b) is replaced by the following :                    The Commission shall take the utmost account of
                                                                         the opinion delivered by the Committee . It shall
     '(b) draws up, for journeys exceeding the travelling                inform the Committee of the manner in which its
            times laid down in Chapter VII of the Annex, a               opinion has been taken into account.'
            route-plan — including any staging and transfer
            points — whereby it can be ensured that the             9 . Article 17 (3) and (4) are deleted ;
            animals are rested within the travelling time and
            for at least the length of time laid down in
            Chapter VII, fed and watered and, if necessary,        10 . in Chapter I A (2) (b) of the Annex the following is
            unloaded and given accommodation in                          added :
            accordance with the requirements of this
            Directive for the type of animal to be trans­                'It shall be ensured that solipeds and adult cattle
            ported . For animals not included in Chapter                 have at least 20 cm of free space above their heads
            VII, the route plan shall be drawn up for                    and calves, pigs and sheep at least 10 cm .';
            journeys exceeding 24 hours ;'.
                                                                   11 . in Chapter I A (2) (d) of the Annex the following is
 5. Article 5 point 2 (c) is replaced by the following :                 added :
     '(c) is able, where the journey exceeds the length of               'The maximum intervals (in hours) which shall apply
            time laid down in Chapter I A (2) (d) or                     for certain types of animal are :
            Chapter II (31 ) of the Annex or, for animals not
            included in those provisions, 24 hours, to
            demonstrate that the steps have been taken to
            meet the animals' needs for food and water                             Type of animal          Watering        Feeding
            during the journey;';
                                                                         Calves (up to six months)             8             8
 6. Article 13 ( 1 ) is replaced by the following :                      Lactating cows                        8            24
                                                                         Adult cattle                         16            24
     '1.      In accordance with the procedure laid down in
     Article 17 , and after consulting the Scientific                    Horses                                6             6
     Veterinary Committee, Animal Welfare Section, the                   Pigs                                  8            24 '
     Commission may lay down, for certain types of
     animal, additional rules on :
     — maximum travelling times,                                   12 . Point 31 of Chapter II of the Annex is replaced by
                                                                         the following :
     — feeding and watering intervals,
                                                                         ' 31 . Suitable food and water shall be available in
     — minimum resting periods,                                                 adequate quantities, save in the case of a
                                                                                journey lasting less than :
     — space allowances,
                                                                                  (i) six hours for broilers and pullets ;
     — standards to be met by means of transport,
                                                                                 (ii) eight hours for hens, turkeys and ducks ;
     — Community criteria to be met by staging points .';
                                                                                (iii) 12 hours for other poultry, domestic birds
 7 . In Article 13 , paragraph 2 is deleted ;                                         and rabbits ;
 ---pagebreak--- No C 250 / 14                                 Official Journal of the European Communities                                            14 . 9. 93
            (iv) 24 hours for chicks of all species, provided                    ship. Resting periods may be spent on or off the
                 that it is completed within 60 hours after                      vehicle .
                 hatching.';
                                                                                 Minimum resting period (in hours) after each
13. the following Chapter VI is added to the Annex :                                                   travelling time of
     'CHAPTER VI
                                                                                                           eight   12 hours   6 hours 24 hours
                                                                                                           hours      (')       o          o
    SPACE ALLOWANCES
                                                                                 Cattle
     47 . The following minimum space allowances apply
          to rail, air, road and sea transport.                                       < four weeks           1                             16
                                                                                     four weeks to
                           Maximum liveweight (kg)                                   six months              3                  16
                                                                                      > six months                               3          6
             mV animal        Cattle / Horses   Pigs      Sheep                  Pigs                        1                             10
                                                                                 Horses (2)
          0,15                                   25
                                                                                     in groups                        10
          0,20                                             18
                                                                                     singly or in
          0,25                                             30                        pairs                                                 10
          0,40                       50 C)       60        50
          0,50                                  100      > 50                    (') Total of travelling times and other resting periods.
                                                                                 (2) Stop every six hours for watering and feeding.'.
          0,70                     100        > 100
          1,30                     300
          1,80                     500
          2,20                  > 500                                                                  Article 2
                                                                        Member States shall bring into force the laws, regu­
          (*) Cattle only »
                            >
                                                                        lations and administrative provisions necessary to comply
                                                                        with this Directive before 1 January 1994. They shall
                                                                        immediately inform the Commission thereof.
14. the following Chapter VII is added to the Annex :
                                                                        When Member States adopt these provisions, these shall
    'CHAPTER VII                                                        contain a reference to this Directive or shall be accom­
                                                                        panied by such reference at the time of their official
    MAXIMUM TRAVELLING TIMES AND MINIMUM                                publication . The procedure for such reference shall be
    RESTING PERIODS                                                     adopted by Member States.
    48 . The requirements laid down in this Chapter                                                    Article 3
          apply to the movement of animals by road
          vehicles, except when the vehicle is on board a               This Directive is addressed to the Member States