CELEX: 51989PC0322
Language: en
Date: 1989-06-29
Title: PROPOSAL FOR A COUNCIL REGULATION ( EEC ) ON THE PROTECTION OF ANIMALS DURING TRANSPORT

COMMISSION OF THE EUROPEAN COMMUNITIES
                                           C0MC89) 322 final
                                           Brussels, 29 June 1989
                        Proposal for a
                  COUNCIL REGULATION (EEC)
       on the protection of animals during transport
                (presented by the Commission)
 ---pagebreak---                           EXPLANATORY MEMORANDUM.
The protection of animals during transport Is the subject of two Council
Directives, which apply the provisions of the European Convention on the
protection of animals In International transport to the transport of
animals between Member States and require systematic Inspections for
welfare purposes at the Internal frontiers of the Community.
In order to realise the free circulation of live animals in the internal
market, It Is necessary to abolish these internal frontier inspections. At
the same time, it Is important to establish measures to safeguard the
welfare of animals during transport.
The attached proposal continues to be based on the European Convention, and
takes account of the European Parliament's Resolution of 20 February 1987
on animal welfare policy, which called on the Commission to make certain
proposals in this field.
The proposal sets out requirements which will apply to all transport of
animals within, to and from Member States. Frontier checks will take place
only at the external frontiers of the Community. The proposed rules follow
closely the existing text, with a new system of control added to replace
internal frontier checks.
Provision is made for exchange of Information between Member States  and for
Commission checks where necessary. Detailed rules of application    will be
laid down by an advisory committee procedure: pending the adoption  of such
rules Member States will be obliged to accept each other's           present
standards.
 ---pagebreak---                                          - 2 -
                                   Proposal for a
                              COUNCIL REGULATION (EEC)
                   on the protection of animals during transport
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community, and
 in particular Article 43 thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Parliament,
Having regard to the opinion of the Economic and Social Committee,
Whereas the European      Parliament, in Its Resolution of 20 February 1987 on
animal welfare policy (1) called on the Commission to bring forward proposals
on the protection of animals during transport;
Whereas in order to eliminate technical barriers to trade in live animals and
to allow    the market   organisations    In question   to operate smoothly, while
ensuring a satisfactory      level of protection for the animals concerned, the
Community has adopted rules In this field;
Whereas   all   Member  States have    ratified  the European   Convention for the
protection of     animals during    international   transport and  have signed the
additional    Protocol  enabling the Community     as such to accede to the said
Convention;
(1) OJ N* C    76, 23.03.1987, p. 185
 ---pagebreak---                                      - 3 -
Whereas   Council  Regulation  (EEC) No  3626/82 of   3 December   1982 on  the
 Implementation in the Community of the Convention on International trade in
endangered species of wild fauna and flora (2) (hereinafter     referred  to as
CITES), as last amended by Commission Regulation    (EEC) No 610/89 (3),
 regulates the conditions of transport of certain species;
Whereas Council Directive 77/489/EEC (4) laid down rules on the protection
of animals during international transport; whereas Council Directive
81/389/EEC (5) established measures for the implementation of Directive
77/489/EEC, and in particular introduced controls at the internal frontiers
of the Community;
Whereas   in order   to achieve  the same objectives, and    In particular  the
protection of animals during transport,    It Is necessary   in the context of
establishing the Internal market to modify those rules;
Whereas within this framework, the transport of animals within, to and from
the Community must be covered, and systematic checks at the internal frontiers
of the Community must be abolished;
Whereas the rules proposed    will ensure more effective protection of animals
during transport;
HAS ADOPTED THIS REGULATION:
(2) OJ N° L 384, 31.12.1982, p. 1.
(3) OJ N° L   66, 10.03.1989, p. 24.
(4) OJ N° L 200, 08.08.1977, p. 10-
(5) OJ N° L 150, 06.06.1981, p. 1.
 ---pagebreak---                                        - 4
                                     CHAPTER I
                                General Provisions
                                     Article 1
 This Regulation applies to the transport of:
 (a) domestic solipeds and domestic animals of the bovine, ovine, caprine and
     porcine species;
(b) domestic birds and domestic rabbits;
(c) domestic cats and domestic dogs;
(d) other mammals and birds;
(e) other vertebrate animals and cold-blooded animals.
                                     Article 2
For the purpose of this Regulation the following definitions shall apply:
(a) official    veterinarian:  a   veterinarian   designated  by   the  competent
     authority of a Member State or of a third country;
(t>) means of transport: those parts of road vehicles, rail vehicles, ships and
     aircraft reserved for loading and carrying animals, as well as containers
     for land, sea or air transport;
(c) transport: any movement of animals, effected by a means of transport, for
     purposes of breeding, rearing, fattening, slaughter, sale, competition,
     exhibition  or  experimentation   and including loading and unloading the
     animals;
(d) staging point: a place where transport     Is interrupted for up to 12 hours
     for resting, feeding, or watering the animals;
 ---pagebreak---                                       - 5 -
(e) transfer point: a place where transport Is Interrupted for up to 12 hours
    for transferring animals from one means of transport to another;
(f) place of departure: the place at which an animal Is first loaded on to a
    means of transport, but excluding a staging point or a transfer point;
(g) place of destination: the place at which an animal Is finally unloaded
    from a means of transport, but excluding a staging point or a transfer
    point;
(h) Journey: transport from place     of departure to place   of destination;
(I) Inspection post: a place where animals brought Into the customs territory
    of the Community are Inspected.
                                    CHAPTER M
                              Transport and Control
                                    Article 3
1. The transport of animals within, to and from each Member State shall be
   effected in accordance with this Regulation and, in respect of the animals
   referred to In:
   - Article 1(a), the provisions of Chapter I of the Annex;
   - Article K b ) , the provisions of Chapter II of the Annex;
   - Article 1(c), the provisions of Chapter III of the Annex;
   - Article 1(d), the provisions of Chapter IV of the Annex;
   - Article 1(e), the provisions of Chapter V of the Annex.
 ---pagebreak---                                           - 6 -
2. No animal shall be transported unless          It is fit for the      Intended    journey
    and unless   suitable    provisions   have been made      for   its care    during    the
    journey and on arrival at the place of destination. Animals that are IiI or
    injured shall not be considered fit for transport. Any animals that become
    111 or  Injured during transport shall receive first-aid treatment as soon
   as possible and     If necessary be submitted       to veterinary treatment or be
   slaughtered In a way which avoids unnecessary suffering.
3. Notwithstanding      paragraph    2,   Member    States   may    permit    the
   transport of animals for emergency veterinary           treatment or for emergency
   slaughter, under     conditions which     do not meet     the requirements       of  this
   Regulation. Member States shall ensure that any such transport             is permitted
   only   where  no undue     suffering   Is caused    to  the   animals    concerned.     If
   necessary,     rules    for     the      application of this paragraph          shall   be
   adopted In accordance with the procedure laid down in Article 19.
                                        Article 4
1. All necessary measures shall be taken to prevent or reduce to a minimum any
   delay   during   transport   or   suffering   of  animals    when   strikes    or   other
   unforeseeable circumstances impede the application of this Regulation, in
   particular, special arrangements shall be made at ports, airports, railway
   stations»   marshalling yards,      inspection posts, customs offices and            free
   zones to expedite the transport of animals.
2. Without   prejudice    to   Community    animal   health    requirements     laid    down
   elsewhere, no consignment       of animals shall     be detained     during    transport
   unless   it  Is strictly      necessary   for   the  welfare    of   the   animals.    No
   consignment of animals shall be detained during transport for more than two
   hours unless    appropriate     facilities are    available    for   the care of      the
   animals and, where necessary, their unloading and           accommodation.
 ---pagebreak---                                      - 7 -
                                    Article 5
1. Animals shall, throughout any Journey, be Identified and be accompanied by
   documentation enabling the competent authority to determine:
   - their origin and their ownership;
   - their place of departure and place of destination;
   - the date and time at which their journey began;
   - any staging points or transfer points used or intended to be used during
     the Journey.
2. In respect of animals referred to in Article 1(a) and (b) which are being
   transported  for purposes of breeding, rearing,    fattening,  slaughter or
   sale, complete and up-to-date records of all journeys shall be made, shall
   be kept for at least six months, and shall be made available immediately on
   request to an official of the competent authority, by:
   (a) any owner or person    In charge of a holding or premises where such
       animals are bred, reared, fattened, slaughtered or sold;
   (b) any owner or person in charge of a staging point or transfer point;
   (c) any owner or person In charge of a means of transport.
3. Rules   for  the  application   of   this  Article shall  be  adopted   in
   accordance with the procedure laid down in Article 19.
                                   Article 6
1. Any person intending to transport animals on a Journey exceeding the time,
   established  In accordance with Article 15(1)(a), for which that type of
   animal may be transported before being given food or water, shall deliver
   to the competent authority of the place of departure, at least one working
   day before the Intended time of departure, a signed declaration giving the
   purpose and full details of the proposed Journey Including:
 ---pagebreak---                                          - 8 -
    - the time and place of departure;
    - the place of destination;
    - details of all arrangements made for         feeding and watering       the animait:
      during the Journey.
    In respect   of  animals   for which   rules have not     yet   been    laid down    in
   accordance with Article 15(1)(a), the declaration           shall     be   delivered,
   as    above,  for   journeys    exceeding    the   time   laid   down     in   the
   Annex applicable to that type of animal.
2. All animals referred to In Article         1(a) which are being transported for
   slaughter or further fattening, and all animals referred to in Article              Kb)
   which   are  being  transported    for  slaughter, where     the   Journey    has  been
   notified to the competent authority       In accordance with paragraph 1, shall-
   be inspected by an official veterinarian, during the 24 hours before their
   departure,   to ensure    that  they are    fit  for  the  Intended    transport. An
   official   veterinarian or other official of the competent           authority shall
    Inspect the animals and the means of transport at the time of loading and
   shall endorse the documentation referred to In Article 5(1) with the date,
   time and official stamp, and shall sign it, if the conditions laid down in
   this Regulation have been met.
                                       Article 7
I. Member States shall ensure that officials of the competent authority check
   on the application of this Regulation by inspection of:
   (a) means of transport and animals arriving at slaughterhouses;
   (b) means of transport     and animals at markets, at other          assembly    points
        used regularly for loading animals, at staging points and at transfer
        points;
   (c) a random sample of means of transport and animals, circulating on their
        territory, at any time. These inspections shall not take place at the
        internal frontiers of the Community;
   (d) any   means of   transport   where   there   is reason    to believe     that   the
        requirements of this Regulation are not being or have not been met.
 ---pagebreak---                                          - 9 -
2. Where there is reason to believe that the provisions of this Regulation are
   not being or have not been met, an official of the competent authority may
   require any animal being transported to be taken to the nearest appropriate
   place for    inspection and,    If necessary, unloading, resting, feeding and
   water ing.
3. When making an inspection In accordance with paragraph 1, the official of
   the competent authority shall       inspect the animals, the means of transport
   and any certificates, records or documents containing Information about, or
   details of, the current journey. In order to facilitate this Inspection,
   Member    States   shall     ensure that the person in charge of any means of
   transport    operating    In   their   territory    Is   obliged to  produce  for
   inspection, on request       by an official    of  the competent   authority, any
   certificates, records or documents relating to the use by that means of
   transport for the carriage of animals, or to the identification or origin
   of the animals.
                                       Article 8
   If It Is found      in the course of transport       that the provisions of this
   Regulation are not being, or have not been, complied with, the competent
   authority of the place at which such a finding is made shall require the
   person   In charge of the means of transport to take any action which the
   competent authority considers to be necessary           in order to safeguard the
   welfare of the animais concerned. Depending on the circumstances of each
   case, such action may Include:
   (a) arranging for the journey to be completed or the animals to be returned
       to their place of departure, by the most direct route. If this course
       of action would not cause undue suffering to the animals;
   (b) arranging for the animals to be held          In suitable accommodation with
       appropriate care until the problem Is resolved;
   (c) arranging for the slaughter and disposal of the animals.
 ---pagebreak---                                       - 10 -
2. If the person In charge of the means of transport falls to comply with the
    instructions of the competent authority, the latter shall immediately have
   the measures In question carried out and shall recover the costs incurred
   i.v such measures in the appropriate manner.
                                     Article 9
1. Where a competent authority finds, in the course of an inspection carried
   out   in application of Article 7, that the provisions of this Regulation
   have not been complied with in another Member State, It shall        Inform the
   competent authority of that Member state without delay, giving all details
   of the transport concerned and the results of the inspection. The latter
   Member State shall take all necessary measures and shall inform the other
   Member State of the decisions taken and the reasons for such decisions. If
   that other Member State fears that the necessary measures have not been
   taken or are Inappropriate, It shall       inform the Commission   accordingly,
   whereupon the Commission may seek the opinion of one or more veterinary
   experts.
2. Rules    for  the  application   of   this   Article   shall be   adopted   in
   accordance with the procedure laid down in Article 19.
                                    Article 10
1. Commission veterinary experts may, to the extent 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.
2  The Member state on whose territory the inspections are carried out shall
   provide the experts with all the assistance required for the accomplishment
   of their task.
3. Rules    for  the  application   of   this   Article   shall be   adopted   in
   accordance with the procedure laid down in Article 19.
 ---pagebreak---                                          11 -
                                    CHAPTER I I I
                         Importation from third countries
                                     Article 11
1. No Member State shall authorize the transport of animals from a third
   country Into Its territory, whatever their final destination, unless:
    (a) they   are presented   at  the  time of    their arrival  In  the  customs
        territory of   the Community    at an   inspection post  approved  by the
        competent authority in accordance with Chapter VI of the Annex;
    (b) adequate notice of their time of arrival has been given to the official
        veterinarian in charge of the inspection post;
   (c) they are accompanied by a certificate conforming to the specimen In
        Chapter VII of the Annex, signed at part A by an official veterinarian,
        and at part B by an official veterinarian or other official of the
        competent authority at the time of their loading for dispatch to the
        Community. The certificate shall consist of a single sheet, drawn up in
        at least the official language of the Inspection post.
2. Member States shall draw up lists of the inspection posts approved by them
    in accordance with Chapter VI of the Annex, and shall communicate these
    lists and any subsequent amendments to each other and to the Commission.
   The lists shall Indicate for each inspection post the address, an approval
   number and the types of animals for which It is approved. The Commission
   shall   publish these   lists periodically    In the Official  Journal  of the
   European Communities.
                                    Article 12
1. Member States shall ensure that each consignment of animals arriving at an
   inspection post Is Inspected by an official veterinarian and that further
   transport of the animals on or through their territory Is permitted only If
   the conditions   laid down    in this Regulation, and    In any rules made in
   Implementation of this Regulation, are met.
 ---pagebreak---                                         - 12 -
2. Where the further transport of the animals           Is prohibited   following the
    Inspection referred to In paragraph 1, the competent authority which has
   made the Inspection shall, depending on the reason for prohibition:
   (a) arrange for the animals to be held           In suitable accommodation with
        appropriate care until the problem is resolved; or
    (b) order their return to their third country of origin after          appropriate
        rest,    feeding   and   watering,   to  be   determined   by   the   official
        veterinarian; or
   (c) arrange for their slaughter and disposal.
   All expenditure incurred pursuant to this paragraph shall be chargeable to
   the    importer,    consignor,   consignee   or   their   representative    without
    compensation    by   the   Member   State   concerned.
3. Where the transport Into or through the Community of animals from a third
   country is authorized following the inspection referred to in paragraph 1,
   those animals shall       be subject   to the provisions of      this Regulation,
   whatever the customs procedure under which they are admitted.
                                      Article 13
Where a Member State finds that the provisions of this Regulation are being
breached systematically In respect of the transport of animals from one or
more third countries, it shall so Inform the other Member States and the
Commission.    The   Commission   shall,   without  delay,   contact   the   competent
authorities of the third country or countries concerned to Inform them of the
problem and shall request the appropriate measures to be taken. It shall
inform the Member States of the results of such contacts.             If this action
fails to resolve the problem, the Commission shall adopt             the appropriate
measures in accordance with the procedure laid down In Article 19.
                                                                                       J
 ---pagebreak---                                       - 13 -
                                     CHAPTER IV
                                  Final Provisions
                                     Article 14
The Commission shall establish a system, including an appropriate database, to
ensure that It has access to all current scientific,        technological and other
relevant    Information   concerning   the   transport   of   animals,   and   shall
disseminate such Information to the competent authorities of the Member States
and to other Interested parties.
                                     Article 15
1. Additional    rules  for  the  Implementation   of   this  Regulation   shall  be
   established in accordance with the procedure laid down In Article 19. These
   shall include Community rules on:
   (a) maximum times for which certain types of animals may be transported
       without resting, feeding and watering;
   (b) the approval of staging points;
   (c) stocking densities for the transport of certain types of animals;
   (d) the approval of means of transport for certain types of animals.
2. Pending     adoption   of   specific rules under paragraph 1, Member States
   shall   not   Impose  restrictions   for  the   protection   of  animals   during
   transport to or from other Member States, except where such transport is,
   or would be, In contravention of this Regulation.
                                                                                     oA
 ---pagebreak---                                         - 14 -
                                      Article 16
1. Member   States   shall   exchange    information   on  the   application   of this
   Regulation.
2. Each Member State shall, in order to ensure a full Implementation of this
   Regulation, upon     reqest  by another    Member   State,   furnish  all  relevant
   details of specific breaches committed on its territory by Its residents
   and/or non-residents.
3. The competent authority of each Member State shall make an annual report to
   the Commission before the last working day of April each year, giving the
   number of   Inspections made during the previous calendar year under each
   sub-paragraph    of  Article   7,   paragraph   1,  along   with   details  of  any
   contraventions discovered, any consequent action taken by the competent
   authority,   and   any  judicial  penalties    imposed.    For   this purpose   the
   competent  authorities shall use the standard reporting form set out In
   Chapter VI11 of the Annex.
                                     Article 17
The provisions of the Annex may be amended         in accordance with the procedure
laid down In Article 19.
                                     Article 18
The Commission shall be assisted by the Standing Veterinary Committee set up
by Council Decision 68/361/EEC (6) hereinafter referred to as "the Committee".
(6) OJ N* L 255, 18.10.1968, p. 23.
                                                                                       j
 ---pagebreak---                                       - 15 -
                                     Article 19
Where the procedure laid down In this Article is to be used, the following
rules shalI apply:
The representative of the Commission shall submit to the Committee a draft of
the measures to be    taken.    The Committee shall deliver   its opinion on the
draft, within a time   limit which the Chairman may     lay down, according to
the urgency of the matter, if necessary by taking a vote.
The opinion shall be recorded in the minutes; in addition, each Member State
shall have the right to ask to have its position recorded in the minutes.
The Commission shall take the utmost account of the opinion delivered by the
Committee.    It shall inform the Committee of the manner in which its opinion
has been taken into account.
                                    Article 20
1. Member States shall take the appropriate specific measures to penalize any
    infringement of this Regulation by natural or legal persons.
2. In the event    of  repeated   contraventions of  this Regulation, or    of a
   contravention resulting    In severe suffering of animals,     a Member  State
   may,   In addition to any    other   sanctions  imposed,   take  measures   to
   prohibit the means of transport concerned, or Its operator, or both, from
   transporting animals for an appropriate period.      In such cases, It shall
   inform the other Member States and the Commission. The other Member States
   may take the necessary measures to ensure the application within their
   territory of any such prohibition.
 ---pagebreak---                                    - 16 -
                                 Article 21
This Regulation shall   apply without prejudice   to obligations arising   from
customs legislation.
                                  Article 22
Directives 77/489/EEC and 81/389/EEC are hereby repealed
                                  Article 23
This Regulation shall enter into force on 1 January 1991.
This Regulation shall be binding In its entirety and directly applicable In
a 11 Member States.
Done at Brussels,                                            For the Counci I
                                                              The President
                                                                                <^
 ---pagebreak---                                      - 17 -
                  ANNEX
                                    CHAPTER I
         DOMESTIC SOLIPEDS AND DOMESTIC ANIMALS OF THE BOVINE, OVINE,
                          CAPRINE AND PORCINE SPECIES
                              A. General provisions
1. Animals likely to give birth during carriage or having given birth during
   the preceding 48 hours, and newborn animals in which the navel has not
   completely healed, shall not be considered fit for transportation.
2. (a) Animals shall   be provided with adequate space and, unless special
       conditions for the protection of the animals require to the contrary,
       room tolle down.
   (b) The means of transport and containers shall be constructed and operated
       so as to protect    animals against     Inclement weather  conditions and
       marked differences In climatic conditions. Ventilation and air space
       shall be adapted to the conditions of transport and be appropriate for
       the species of animals carried.
   (c) Means of transport and containers shall be easy to clean, escape-proof
       and shall be so constructed and operated as to avoid Injury to animals
       and  to ensure   their  safety  during    transport. Containers   in which
       animals are transported shall be marked with a symbol       Indicating the
       presence of live animals and a sign indicating the upright position.
       They shall allow for the Inspection and care of the animals and shall
       be stowed in a way which does not interfere with ventilation. During
       transport and handling, containers shall always be kept upright and
       shall not be exposed to severe Jolts or shaking.
   (d) During transport animals shall be offered water and appropriate food at
       suitable  Intervals. Animals shall     not   be  left more than   24 hours
       without being fed and watered.
 ---pagebreak---                                      - 18 -
    (e) SoMpeds shall wear halters during transport. This provision need not
        apply to unbroken animals.
    (f) When animals are tied the ropes or other attachments used shall be
        strong   enough  not  to   break   during   the  transport  under   normal
        conditions, and long enough to allow the animals, if necessary, to I le
        down and to eat and drink. Animals shall not be tied by the horns, or
        by nose rings.
   (g) Solipeds, unless    In  individual  stalls, shall   have  their  hind  feet
        unshod.
3. (a) When animals of various species travel in the same means of transport,
        they shall be segregated according to species, except      In the case of
        companion animals where separation would cause distress. Furthermore
        special measures shall be taken to avoid adverse reactions which might
        result from the transport In the same consignment of animals naturally
        hostile to each other. When animals of different ages are carried In
        the same means of transport, adults and young animals shall be kept
        separate;   this restriction   shall   not,  however,  apply   to  females
        travelling with their young which they suckle. Adult breeding boars
        shall be separated from each other. This shall also apply to stallions.
   (b) In compartments in which animals are transported, goods shall not be
        loaded which could prejudice the welfare of the animals.
4. Suitable equipment for loading and unloading of animais such as bridges,
   ramps or gangways shall be used. The flooring of this equipment shall be
   constructed sc as to prevent slipping, and the equipment shall be provided
   with lateral protection If necessary. Animals shall      not be lifted by the
   head, horns, legs, tall or fleece during transport.
5. The floor of a means of transport or a container shall be sufficiently
   strong to bear the weight of the animals being transported, ciose-boarded
   and so constructed as to prevent slipping. The floor shall be covered with
   an adequate amount of litter to absorb excrement unless this can be dealt
   with in a different way presenting at least the same advantages.
                                                                                  j
 ---pagebreak---                                        - 19 -
6. In order to ensure the necessary care of the animals during transport,
   consignments of livestock shall be accompanied by an attendant, except In
    the fol lowing cases:
    (a) where   animals    are  transported   In   containers  which   are    secured,
        adequately ventilated and, where necessary, contain enough food and
        water,    In   spill-proof  dispensers,    for   a  journey  of    twice   the
        anticipated time;
    (b) where   the   transporter  undertakes    to assume   the  functions of     the
        attendant;
   (c) where the sender has appointed an agent to care for the animals at
        appropriate staging points.
7. (a) The attendant or sender's agent shall look after the animals, feed and
        water them and, if necessary, milk them.
   (b) Cows in milk shall be milked at intervals of about 12 hours.
   (c) To enable the attendant to provide this care, he shall, if necessary,
        have available a suitable means of lighting.
8. Animals shall only be       loaded  into means of transport which have been
   thoroughly cleaned. Dead animals, litter and excrement shall be removed as
   soon as possible.
                    B. Special provisions for transport by rail
9. Any railway truck used in the transport of animals shall be marked with a
   symbol for the living animal, unless the animals are being transported in
   containers. If no trucks particularly adapted for transport of animals are
   obtainable, animals shall be carried In covered trucks which are capable of
   travelling at high speed and are provided with sufficiently              large air
   vents. The Interior sides of the trucks shall be of wood or other suitable
   material completely smooth and fitted with rings or bars, at a suitable
   height, to which the animals may be attached.
 ---pagebreak---                                       - 20 -
10. Solipeds shall be tied In such a way that they are all facing the same
    side of the vehicle or tied facing each other. However, young unbroken
    animals shall not be tied.
11. Large animals shall be loaded in such a way as to allow an attendant to
    move between them.
12. When, in accordance with the provisions of point 3 (a), the separation of
    animals Is required, this may be effected either by tying them In separate
    parts of    the  truck,  if   its space permits, or  by  means of  suitable
    part it Ions.
13. When   assembling  trains   and  during all other  movement  of trucks all
    precautions shall be taken to avoid Jolting of trucks containing animals.
                   C. Special provisions for transport by road
14  Vehicles shall be escape-proof and so constructed as to ensure the safety
    of  the animals and shall also be equipped with a roof which ensures
    effective protection against the weather. This shall not apply in the case
    of transport by a person of his own animals within 50 kilometers of his
    own holding in a vehicle with a maximum authorized speed not exceeding 30
    klIometôfs per hour.
15. Tying facilities shall be provided In vehicles used in the transport of
    animals which normally require to be tied. When vehicles are required to
    be sub-divided, the partitions shall be of rIgid construct ion.
16. Vehicles shall carry a ramp complying with the requirements of point 4.
                  D. Special provisions for transport by water
17. The fittings of vessels shall be such that animals can be transported
    without injury or unnecessary suffering.
 ---pagebreak---                                         - 21 -
 18. Animals shall    not be transported on open decks unless          In adequately
     secured   containers   or   other   structures,   approved   by  the   competent
     authority and giving adequate protection against sea and weather.
 19. Animals shall be tied or properly accommodated in pens or containers.
20. There shall be adequate      passageways having access to all pens, containers
     or vehicles accommodating animals. Lightingfacilities shallbe avai lable.
21. A sufficient number of attendants shall be provided taking Into account
     the number of animals transported and the duration of the voyage.
22. All parts of the vessel where animals are accommodated shall be provided
     with drainage and shall be kept in a sanitary condition.
23. A type of instrument approved by the competent authority shall be carried
     for slaughtering animals if necessary.
24. Vessels used     In the    transport  of   animals shall, before     sailing, be
     provisioned   with   such    sufficient    supplies  of   drinking   water   and
     appropriate foodstuffs, having regard to species and number of animals
     being transported as well as to the duration of the voyage.
25. Provisions shall be made for Isolating ill or injured animals during the
     voyage and for suitable treatment to be rendered when necessary.
26. The provisions of points 17 to 19 shall not apply to the transport of
     animals loaded in railway trucks or road vehicles on board ferry boats or
     similar vessels. Where animals are transported In railway trucks or road
     vehicles on board ships, special        care shall   be taken to ensure that
     adequate ventilation is provided for the animals throughout the voyage.
                    E. Special provisions for transport by air
27. Animals shall be transported In containers, pens or stalls appropriate for
     the species, In accordance with the IATA Live Animals Regulations.
                                                                                      & -
 ---pagebreak---                                        - 22 -
 28. Precautions shall be taken to avoid extremely high or low temperatures on
     board, having   regard   to the species of      animals.   In addition, severe
     fluctuations of air pressure shall be avoided.
29. In freight    aircraft   a   type of   Instrument   approved  by  the   competent
     authority shall be carried for slaughtering animals if necessary.
                                      CHAPTER II
                       DOMESTIC BIRDS AND DOMESTIC RABBITS
30. The following provisions of Chapter I shall apply mutatis        mutandis  to the
     transport of domestic birds and domestic rabbits: points 2 (a), (b) and
     (c), 3, 5, 6, 8, 9, 13, 17 to 22 inclusive, 24, 26 to 28 inclusive.
31. Suitable food and water shall be available in adequate quantities, save In
     the case of:
      (I) a Journey lasting less than 12 hours;
     (il) a journey   lasting   less than 24 hours for chicks of all species,
          provided that it is completed within 72 hours after hatching.
                                     CHAPTER III
                         DOMESTIC DOGS AND DOMESTIC CATS
32. (a) The   provisions of    this chapter    shall   apply  to  the  transport   of
         domestic dogs or domestic cats except those that are accompanied by
         the owner or his representative.
     (b) The following provisions of Chapter 1 shall apply mutatis mutandis to
         the transport of domestic dogs and domestic cats: point 1, point 2,
         paragraphs (a), (b) and (c), points 3, 5, 6, point 7 paragraphs (a)
         and (c), points 8, 9, 12, 13, 15, 17 to 29 inclusive.
 ---pagebreak---                                        - 23 -
33. Animals in transport shall be fed at intervals of not more than 24 hours
    and given water at intervals of not more than 12 hours. There shall be
    clear written instructions about feeding and watering. Bitches in oestrus
    shall be separated from male dogs.
                                      CHAPTER IV
                               OTHER MAMMALS AND BIRDS
34. (a) The provisions of this chapter shall apply to the transport of those
        mammals and birds which are not already covered by the provisions of
         the  preceding chapters.
    (b) The following provisions of Chapter 1 shall apply mutatis mutandis to
         the transport of the species concerned In this chapter: point 1, point
        2, paragraphs (a), (b) and       (c), points 3(b), 4 to 6 inclusive, point
        7, paragraphs     (a) and (c), points 8 and 9, and points        13 to 29
         Inclusive.
35. Only animals in good health shall be transported. Animals obviously In
    advanced stages of pregnancy or animals that have recently given birth, as
    well as    Infant animals    incapable of   feeding themselves, shall not be
    considered fit for transportation. These provisions may be exempted         In
                                                                    1
    exceptional circumstances if It is necessary In the animals       Interest for
    them to travel to a location where the appropriate treatment can be given.
36. Sedation shall not be administered unless in exceptional circumstances and
    then only under the direct supervision of a veterinarian. Details of any
    sedation shall accompany the animal to Its destination.
37. Animals   shall  only   be   transported   in suitably  constructed  means  of
    transport, on which shall, If necessary, be directions that there are wild
    animals in them which are timid or dangerous. Moreover, there shall be
    clear written Instructions about feeding and watering and any special care
    required. Animals covered by CITES shall be transported in accordance with
    the provisions of the CITES "guidelines for Transport and preparation for
    shipment of live wild animals and plants".
 ---pagebreak---                                        - 24 -
38. Animals covered by this chapter shall be cared for In accordance with the
     Instructions and guidelines referred to in point 37.
39  There shall be an appropriate period for the holding and conditioning of
    animals   prior  to   shipment  during   which   they shall,   if necessary,  be
     introduced progressively to their containers.
40. Animals of different species shall not be placed         in the same container.
    Moreover, animals of the same species shall not be placed           in the same
    container unless it Is known that they are compatible with one another.
41. Antlered animals shall not be transported while in velvet unless special
    precautions are taken.
42. Birds shall be kept In semi darkness.
43. Marine mammals shall have the constant attention of a qualified attendant.
    Containers shall not be stacked.
44. (a) To ensure adequate flow of air at all times there shall be additional
         ventilation by means of holes of a suitable size In all walls of the
         container. Care shall be taken that these holes are of a size which
         prevents the animals from coming       into contact with persons handling
         the container or from causing harm to the animals themselves.
    (b) Spacer bars of adequate size shall be fitted to all walls, roofs and
         bases of containers to ensure that there is a free flow of air to the
         animals In the event of stacking or close storing of cargo.
45. To avoid cross-Infect ion, human contact with animals should be avoided.
    Animals   should  not   be  housed  near   foodstuffs  or  in places   to  which
    unai'thorizud persons have access.
 ---pagebreak---                                       - 25 -
                                     CHAPTER V
               OTHER VERTEBRATE ANIMALS AND COLD-BLOODED ANIMALS
38. Other vertebrate animals and cold-blooded animals shall be transported in
    such  containers, under   such   conditions,    In particular   with regard  to
    space, ventilation and temperature, 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.
                                    CHAPTER VI
                          APPROVAL OF INSPECTION POSTS
1. Member States shall ensure that before an Inspection post is put on a list
   referred to in Article 11(2), It is inspected by the competent authority
   and found to be In compliance, In respect of the type of animals for which
   it Is approved, with the requirements of paragraph 2.
2. Inspection posts shall:
   (a) be situated at a point where animals arrive on the customs territory of
       the Community;
   (b) be positioned and organized in such a way that consignments of animals
       can be given priority over other consignments;
   (c) be under the control and supervision of an official veterinarian, and
       have sufficient   suitably  trained   staff   to handle and care    for the
       animals arriving at the post;
   (d) have suitable equipment for the unloading and loading of the various
       means of transport arriving at the post;
 ---pagebreak---                                   - 26 -
(e) have suitable    facilities, easy  to clean and disinfect,   for  holding,
     Inspecting,  feeding and watering   the animals, with   adequate  holding
    capacity, lighting, ventilation and drainage for the type and number of
    animais accommodated;
(f) have suitable arrangements for the separate accommodation of       animals
    which are diseased, injured or in need of Individual attention;
(g) have adequate facilities for the official veterinarian and other staff,
     including changing rooms, toilets, wash-basins, showers and equipment
    for cleaning and disinfecting boots and other protective clothing;
(h) have adequate lockable office accommodation reserved for the use of the
    competent   authority  and  equipped  with the  communication   facilities
    necessary for the Implementation of this Regulation;
(i) have appropriate arrangements for the disposal of waste material       and
    dead animais;
(j) have appropriate equipment and facilities for the emergency slaughter
    of animals.
                                                                             #
 ---pagebreak---     - 27 -
CHAPTER VI I
             28
 ---pagebreak---                                                      - *8 -
    1. Name k address of consignor                        INTERNATIONAL ANIMAL TRANSPORT CERTIFICATE (1)
                                                    Cert if icate number
   2. Name k address of consignee                     3. COMPETENT AUTHORITY (in capital letters)
   4. Country of dispatch     5. Country of destination    6. Address of final destination of animals
   7. Number of animals       8. Description of animals (2)
   A. I, undersigned, certify that I have inspected the animals described above and that in my opinion
        they are fit for the intended international transport.
       Stamp:                         Date:                 Local time:
                                              0   M   Y
                                      Signature of official veterinarian:
   B. I, undersigned, certify that the animals described above were loaded on to: (3)
       at (piece cf loading):
       under conditions approved by an official veterinarian
       Stcrop:                        Dcte:                 Local time first animal loaded:
                                      Signature of official veterinarian or representative of the
                                      competent authority:
MOTES
(i) A certificats nust be issued in respect of each consignment of animals transported in one and the same
     rood vehicle, railway wagon, ship, aircraft or container from one and the same holding to one and the
     same consignee. Whsn such o consignment is split up, a copy of this certificate to which, If necessary,
     additions have been made on the date the consignment was spilt up, must accompany each group - with any
     additions n»casaary - to the animals' final destination.
(2) The description should include the breed and sex of the animals, stating e.g. ewe, ram, lamb or the
     equivalent description for the species.
(3) State the meons of transport and give the registration number for road vehicles and railway wagons, the
     name for ships and the flight number for aircraft. For trailers and containers which may be detached
     from the tractor unit, give the trailer ond container numbers.
 ---pagebreak---                                    - 29 -
                                CHAPTER VI I I
                             ANNUAL REPORT FORM
Member State                                   Year
Council Regulation      /       -  Article 7.1 (...M1)
Number of inspections made
Number of Inspections where contraventions found
    Contraventlon(*)        Action taken         Judicial Penalty
(x) Enter a, b, c, or d using a separate form for each.
(*) Enter number of Article or Annex paragraph.
 ---pagebreak--- I FINANCIAL STATEMENT            concerning:                                                  I
i Draft Council Regulation on the protection of animals during transport                      j
I 1. Budget heading:             Item:                           Title:                       I
!        Ill B                   382                              Inspection in Agriculture   i
12.   Le :nl basis:                                                                           ;
I       Article 43 of the Treaty                                                              i
i 3.  Classification:                   Compulsory expenditure/Non-campuIsory expenditure     I
I 4.  Purpose/description of the measure:                                                     I
i       Verification of the implementation of the Regulation                                  I
  5.  Method of calculation                                                                   I
I 5.1 Fo.m of expenditure:      Mission expenses                                              I
I 5.2 Community contribution:    100%                                                         I
I 5.3 Calculation:      200 days of mission per year at 170 ECU per day                       I
I                       (actual cost of slaughterhouse visit: 170 ECU per day)              I
                        - 34 000 ECU per year                                                 I
I 6~! Financial implication as regards operating appropriations                               t
i 6.1 Schedule of commitment appropriations and payment appropriations (m ECU)                I
i                               Year                     C.A.                     P.A.        I
                                 1990                    0,034                    0,034       I
!                                1991                    0,034                    0.034       I
I                                1992                    0,034                    0,034       I
                                 1993                    0,034                   0,034        I
                                 1994                    0.034                    0.034       I
I                                following years                                              I
I                                Total                   0.170                    0.170       I
I 6.2 Financing duiing current year:     None                                                 I
I 7.  Observations:                                                                           I
                                                                                              V
 ---pagebreak---                               IMPACT ON BUSINESS
The protection of animals during transport is the subject of two     Council
Directives, which apply the provisions of the European Convention     on the
protection of animals In International transport to the transport of animais
between Member States and require systematic inspections for         welfare
purposes at the Internal frontiers of the Community.
In order to realize the free circulation of live animals in the Internal
market, It is necessary to abolish these Internal frontier inspections. At
the same time. It Is Important to establish measures to safeguard the
welfare of animals during transport.
The attached proposal continues to be based on the European Convention, and
takes account of the European Parliament's Resolution of 20 February 1987 on
animal welfare policy, which called on the Commission to make certain
proposals in this field.
The proposal sets out requirements which will apply to all transport of
animals within, to and from Member States. Frontier checks will take place
only at the external frontiers of the Community. The proposed rules follow
closely the existing text, with a new system of control added to replace
Internal frontier checks.
This will reduce the workload on transport firms, who will no longer need to
arrange for official Inspection of every consignment which crosses or is
intended to cross a frontier within the Community.       In addition, a new
requirement is added (Article 4) to require that transports of animals are
not unduly delayed at ports, airports, frontier crossings or other potential
bottlenecks.
The overall effect of this Regulation will be to facilitate trade         by
removing costly and time-consuming delays at intra-Communlty frontiers.
 ---pagebreak---  ---pagebreak--- Commission of the European Communities
COM(89) 322 final
Proposal for a
COUNCIL REGULATION (EEC)
on the protection of animals during transport
(submitted to the Council by the Commission)
29.6.1989
Office for Official Publications of the European Communities
L - 2985 Luxembourg
Series: DOCUMENTS
 1989 - 32 pp. - Format: 21.0 x 29.7 cm
EN
ISSN 0254-1475
ISBN 92-77-51772-7
Catalogue number: CB-CO-89-285-EN-C
 ---pagebreak---                                             ISSN 0254-1475
COM(89) 322 final
DOCUMENTS
Proposal for a
COUNCIL REGULATION (EEC)
on the protection of animals during transport
(submitted to the Council by the Commission)
03      07                                29.6.1989
Catalogue number: CB-CO-89-285-EN-C
ISBN 92-77-51772-7
€
COMMISSION OF THE EUROPEAN COMMUNITIES