Council Regulation (EC) No 1/2005 of 22 December 2004 on the protection of animals during transport and related operations and amending Directives 64/432/EEC and 93/119/EC and Regulation (EC) No 1255/97 - Main contents

EN

Official Journal of the European Union

L 3/1

The Protocol on protection and welfare of animals annexed to the Treaty requires that in formulating and implementing agriculture and transport policies, the Community and the Member States are to pay full regard to the welfare requirements of animals.

Under Council Directive 91/628/EEC of 19 November 1991 on the protection of animals during transport (3), the Council has adopted rules in the field of the transport of animals in order to eliminate technical barriers to trade in live animals and to allow market organisations to operate smoothly, while ensuring a satisfactory level of protection for the animals concerned.

The Report from the Commission to the European Parliament and the Council on the experience acquired by Member States since the implementation of Council Directive 95/29/EC of 29 June 1995 amending Directive 91/628/EEC concerning the protection of animals during transport (4), as required under Directive 91/628/EEC, recommended amending current Community legislation in this field.

Most Member States have ratified the European Convention for the protection of animals during international transport and the Council has given a mandate to the Commission to negotiate on behalf of the Community the revised European Convention for the protection of animals during international transport.

For reasons of animal welfare the transport of animals over long journeys, including animals for slaughter, should be limited as far as possible.

The Council invited the Commission on 19 June 2001 (5) to submit proposals for ensuring effective implementation and strict enforcement of existing Community legislation, improving the protection and welfare of animals as well as preventing the occurrence and spread of infectious animal diseases, and putting in place more stringent requirements so as to prevent pain and suffering in order to safeguard the welfare and health of animals during and after transport.

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

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

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

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

In order to ensure a consistent and effective application of this Regulation across the Community in the light of its basic principle according to which animals must not be transported in a way likely to cause injury or undue suffering to them, it is appropriate to set out detailed provisions addressing the specific needs arising in relation to the various types of transport. Such detailed provisions should be interpreted and applied in accordance with the aforesaid principle and should be timely updated whenever, in particular in the light of new scientific advice, they appear no longer to ensure compliance with the above principle for particular species or types of transport.

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

The unloading and subsequent reloading of animals could also be a source of stress for them and contact at control posts, formerly referred to as staging points, could in certain conditions lead to the spread of infectious diseases. It is therefore appropriate to provide for specific measures safeguarding the health and welfare of animals when resting at control posts. As a result, it is necessary to amend the provisions of Council Regulation (EC) No 1255/97 of 25 June 1997 concerning Community criteria for staging points and amending the route plan referred to in the Annex to Directive 91/628/EEC (6).

Poor welfare is often due to lack of education. Therefore, training should be a prerequisite for any person handing animals during transport and training should be provided only by organisations approved by the competent authorities.

Welfare conditions of animals during transport result mainly from the day-to-day conduct of the transporters. Checks by competent authorities may be hindered as transporters can freely operate in different Member States. Therefore, transporters should be more accountable and transparent concerning their status and operations. In particular they should provide proof of their authorisation, systematically report any difficulty and keep precise records of their actions and the results.

Animal transport involves not only transporters but also other categories of operators such as farmers, traders, assembly centres and slaughterhouses. As a consequence, some obligations regarding the welfare of animals should be extended to any operator involved in the transport of animals.

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

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

Council Regulation (EEC) No 3820/85 of 20 December 1985 on the harmonisation of certain social legislation relating to road transport (7) provides for maximum driving periods and minimum rest periods for road drivers. It is appropriate that journeys for animals are similarly regulated. Council Regulation (EEC) No 3821/85 of 20 December 1985 on recording equipment in road transport (8) provides for recording equipment to be installed and used to ensure effective checking on compliance with social legislation concerning road transport. It is necessary that such record data be made available and checked so as to enforce travelling time limits under animal welfare legislation.

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

Registered Equidae, as defined in Article 2(c) of Directive 90/426/EEC (9), are frequently transported for non-commercial purposes and such transports must be carried out in line with the overall objectives of this Regulation. Having regard to the nature of such movements, it appears appropriate to derogate from certain provisions where registered Equidae are transported for competition, races, cultural events or breeding. However, it is not appropriate to apply such derogation to Equidae transported, directly or after transit through a market or marshalling centre, to a slaughterhouse for slaughter, which in accordance with Article 2(d) and 8(1), second indent of Directive 90/426/EEC, are to be considered as ‘Equidae for slaughter’.

Inadequate follow-up of infringements of legislation on animal welfare encourages non-compliance with such legislation and leads to distortion of competition. Therefore, uniform procedures should be established throughout the Community to increase checks and the imposition of penalties for infringements of animal welfare legislation. The Member States should lay down rules on penalties applicable to infringements of the provisions of this Regulation and ensure that they are implemented. Those penalties must be effective, proportionate and dissuasive.

A significant number of animals are transported by livestock vessels over very long journeys from and within the Community and transport by sea can be checked at the place of departure. Therefore, it is essential to set up specific measures and standards for this mode of transport.

In the interests of consistency of Community legislation, Council Directive 64/432/EEC of 26 June 1964 on animal health problems affecting intra-Community trade in bovine animals and swine (10) should be amended so as to adapt it to this Regulation as regards the approval of assembly centres and the requirements for transporters.

Council Directive 93/119/EC of 22 December 1993 on the protection of animals at the time of slaughter and killing (11) should also be amended so as to adapt it to this Regulation as regards the use of electric prods.

Rules and information procedures laid down by Council Directive 89/608/EEC of 21 November 1989 on mutual assistance between the administrative authorities of the Member States and cooperation between the latter and the Commission to ensure the correct application of legislation on veterinary and zootechnical matters (12) should be applied to animal welfare during transport in order to ensure compliance with this Regulation.

Commission Decision 98/139/EC (13) lays down certain detailed rules concerning on-the-spot checks carried out in the veterinary field by Commission experts in the Member States which should help to ensure that this Regulation is complied with in a uniform manner.

This Regulation sets out provisions concerning ventilation in road vehicles transporting livestock on long journeys. Accordingly, Council Regulation (EC) No 411/98 of 16 February 1998 on additional animal protection standards applicable to road vehicles used for the carriage of livestock on journeys exceeding eight hours (14) should be repealed.

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

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

The measures necessary for the implementation of this Regulation should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (15),

the transport of animals carried out by farmers using agricultural vehicles or means of transport belonging to them in cases where the geographical circumstances call for transport for seasonal transhumance of certain types of animals;

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

‘animals’ means live vertebrate animals;

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

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

‘border inspection post’ means any inspection post designated and approved in accordance with Article 6 of Directive 91/496/EEC (16), for carrying out veterinary checks on animals arriving from third countries at the border of the territory of the Community;

‘Community veterinary legislation’ means legislation listed in Chapter I of Annex A to Directive 90/425/EEC (17) and any subsequent implementing rules;

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

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

‘control posts’ means control posts as referred to in Regulation (EC) No 1255/97;

‘exit point’ means a border inspection post or any other place designated by a Member State where animals leave the customs territory of the Community;

‘journey’ means the entire transport operation from the place of departure to the place of destination, including any unloading, accommodation and loading occurring at intermediate points in the journey;

‘keeper’ means any natural or legal person, except a transporter, in charge of or handling animals whether on a permanent or temporary basis;

‘livestock vessel’ means a vessel which is used or intended to be used for the carriage of domestic Equidae or domestic animals of bovine, ovine, caprine or porcine species other than a roll-on-roll-off vessel, and other than a vessel carrying animals in moveable containers;

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

‘means of transport’ means road or rail vehicles, vessels and aircraft used for the transport of animals;

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

‘official veterinarian’ means the veterinarian appointed by the competent authority of the Member State;

‘organiser’ means:

‘place of departure’ means the place at which the animal is first loaded on to a means of transport provided that it had been accommodated there for at least 48 hours prior to the time of departure.

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

‘place of destination’ means the place at which an animal is unloaded from a means of transport and

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

‘registered Equidae’ means registered Equidae as referred to in Directive 90/426/EEC (18);

‘roll-on-roll-off vessel’ means a sea-going vessel with facilities to enable road or rail vehicles to roll on and roll off the vessel;

‘transport’ means the movement of animals effected by one or more means of transport and the related operations, including loading, unloading, transfer and rest, until the unloading of the animals at the place of destination is completed;

‘transporter’ means any natural or legal person transporting animals on his own account, or for the account of a third party;

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

‘vehicle’ means a means of transport fitted with wheels which is propelled or towed.

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

the animals are fit for the journey;

the means of transport are designed, constructed, maintained and operated so as to avoid injury and suffering and ensure the safety of the animals;

the loading and unloading facilities are adequately designed, constructed, maintained and operated so as to avoid injury and suffering and ensure the safety of the animals;

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

the transport is carried out without delay to the place of destination and the welfare conditions of the animals are regularly checked and appropriately maintained;

sufficient floor area and height is provided for the animals, appropriate to their size and the intended journey;

water, feed and rest are offered to the animals at suitable intervals and are appropriate in quality and quantity to their species and size.

their origin and their ownership;

their place of departure;

the date and time of departure;

their intended place of destination;

the expected duration of the intended journey.

the welfare of the animals is not compromised by insufficient coordination of the different parts of the journey; and the weather conditions are taken into account; and

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

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

where the driver performs the functions of attendant.

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

regularly inform people admitted to the assembly centre of their duties and obligations under this Regulation and of the penalties for any infringement;

make permanently available to people admitted to the assembly centre the details of the competent authority to whom any possible infringement of the requirements of this Regulation are to be notified;

in case of non-compliance with this Regulation by any person present at the assembly centre, and without prejudice to any action taken by the competent authority, take the necessary measures to remedy the non-compliance observed and to prevent its recurrence;

adopt, monitor and enforce the necessary internal rules in order to ensure compliance with points (a) to (d).

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

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

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

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

the applicants have submitted the following documents:

for means of transport by road for the first time in service, as from 1 January 2007;

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

carry out appropriate checks to verify that:

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

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

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

the recording equipment for road transport as provided for by Regulation (EEC) No 3821/85;

the navigation system.

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

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

operated from the Member State where the application is made;

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

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

the livestock vessel is built and equipped for the number and the type of animals to be transported;

compartments where animals are to be accommodated remain in a good state of repair;

the equipment referred to in Chapter IV of Annex I remains in good working order.

the animals are fit to continue their journey;

loading/unloading operations are being carried out in compliance with Chapter III of Annex I;

feed and water arrangements are in accordance with Section 2 of Chapter IV of Annex I.

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

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

that the animals are fit to continue their journey;

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

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

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

a change of driver or attendant;

temporarily repairing the means of transport so as to prevent immediate injury to the animals;

transferring the consignment or part of it to another means of transport;

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

unloading the animals and holding them in suitable accommodation with appropriate care until the problem is resolved.

require the transporter concerned to remedy the breaches observed and establish systems to prevent their recurrence;

subject the transporter concerned to additional checks, in particular requiring the presence of a veterinarian at loading of the animals;

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

Article 11 shall be amended as follows:

Article 12 shall be replaced by the following:

‘Article 12

• 1. 

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

• 2. 

  The transporter must ensure that for each vehicle used for the transport of animals a register is kept containing at least the following information which shall be retained for a minimum period of three years:

• 3. 

  Transporters shall ensure that the consignment or animals do not at any time, between leaving the holdings or the assembly centre of origin and arriving at their destination, come into contact with animals of a lower health status.

• 4. 

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

• 5. 

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

• 6. 

  In the event of failure to comply with this Article, the provisions concerning infringements and notifications of infringements provided for in Article 26 of Regulation (EC) No 1/2005 shall apply mutatis mutandis in relation to animal health.’.

Animals must be moved with care. Passageways must be so constructed as to minimise the risk of injury to animals, and so arranged as to exploit their gregarious tendencies. Instruments intended for guiding animals must be used solely for that purpose, and only for short periods. The use of instruments which administer electric shocks shall be avoided as far as possible. In any case, these instruments shall only be used for adult bovine animals and adult pigs which refuse to move, and only when they have room ahead of them in which to move. Shocks shall last no longer than one second, be adequately spaced, and shall only be applied to the muscles of the hindquarters. Shocks shall not be used repeatedly if the animal fails to respond.’.

the words ‘staging points’ shall be replaced by the words ‘control posts’ everywhere in the Regulation;

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

‘1.   Control posts are places where animals are rested for at least 12 hours or more pursuant to point 1.5. or 1.7(b) of Chapter V of Annex I to Regulation (EC) 1/2005 (25).’

• (25) 

  OJ L 3, 5.1.2005."

Article 3 shall be replaced by the following:

‘Article 3

• 1. 

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

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

• 2. 

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

• 3. 

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

• 4. 

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

• 5. 

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

in Article 4, the following paragraph shall be added:

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

Article 6 shall be replaced by the following:

‘Article 6

• 1. 

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

• 2. 

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

Article 6a shall be replaced by the following:

‘Article 6a

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

in Article 6b, the first sentence, shall be replaced by the following:

‘Article 6b

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

Annex I shall be amended as follows:

Annex II shall be deleted.

1.

No animal shall be transported unless it is fit for the intended journey, and all animals shall be transported in conditions guaranteed not to cause them injury or unnecessary suffering.

2.

Animals that are injured or that present physiological weaknesses or pathological processes shall not be considered fit for transport and in particular if:

3.

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

4.

When animals fall ill or are injured during transport, they shall be separated from the others and receive first-aid treatment as soon as possible. They shall be given appropriate veterinary treatment and if necessary undergo emergency slaughter or killing in a way which does not cause them any unnecessary suffering.

5.

Sedatives shall not be used on animals to be transported unless strictly necessary to ensure the welfare of the animals and shall only be used under veterinary supervision.

6.

Lactating females of bovine, ovine and caprine species not accompanied by their offspring shall be milked at intervals of not more than 12 hours.

7.

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

1.1.

Means of transport, containers and their fittings shall be designed, constructed, maintained and operated so as to:

1.2.

Sufficient space shall be provided inside the animals' compartment and at each of its levels to ensure that there is adequate ventilation above the animals when they are in a naturally standing position, without on any account hindering their natural movement.

1.3.

For wild animals and for species other than domestic Equidae or domestic animals of bovine, ovine, caprine and porcine species where appropriate, the following documents shall accompany the animals:

1.4.

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

1.5.

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

1.6.

Without prejudice to Community or national rules on crew and passenger safety, where transport on a vessel, an aircraft or a rail wagon is to last more than three hours, a means of killing suitable for the species shall be available to the attendant or a person on board who has the necessary skill to perform this task humanely and efficiently.

2.1.

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

2.2.

Road vehicles shall carry suitable equipment for loading and unloading.

2.3.

When assembling trains and during all other movement of rail wagons every precaution shall be taken to avoid jolting of a rail wagon containing animals.

3.1.

Before loading onto a vessel the master shall verify that when vehicles are loaded:

3.2.

Road vehicles and rail wagons shall be equipped with a sufficient number of adequately designed, positioned and maintained securing points enabling them to be securely fastened to the vessel. Road vehicles and rail wagons shall be secured to the vessel before the start of the sea journey to prevent them being displaced by the motion of the vessel.

4.1.

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

4.2.

Animals shall be transported only in conditions where air quality, temperature and pressure can be maintained within an appropriate range during the entire journey, having regard to the species of animals.

5.1.

Containers in which animals are transported shall be clearly and visibly marked, indicating the presence of live animals and with a sign indicating the top of the container.

5.2.

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

5.3.

Containers of more that 50 kg shall be equipped with a sufficient number of adequately designed, positioned and maintained securing points enabling them to be securely fastened to the means of transport where they are to be loaded. Containers shall be secured to the means of transport before the start of the journey to prevent displacement due to the motion of the means of transport.

1.1.

Due regard shall be paid to the need of certain categories of animals, such as wild animals, to become acclimatised to the mode of transport prior to the proposed journey.

1.2.

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

1.3.

Facilities for loading and unloading, including the flooring, shall be designed, constructed, maintained and operated so as to:

1.4.

1.5.

Goods which are being transported in the same means of transport as animals shall be positioned so that they do not cause injury, suffering or distress to the animals.

1.6.

Appropriate lighting shall be provided during loading and unloading.

1.7.

When containers loaded with animals are placed one on top of the other on the means of transport, the necessary precautions shall be taken:

1.8.

It shall be prohibited to:

1.9.

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

1.10.

Markets or assembly centres shall provide equipment for tethering animals when necessary. Animals not used to being tied shall remain untied. Animals shall have access to water.

1.11.

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

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

1.12.

Animals shall be handled and transported separately in the following cases:

1.13.

Points (a), (b), (c) and (e) of paragraph 1.12. shall not apply where the animals have been raised in compatible groups, are accustomed to each other, where separation will cause distress or where females are accompanied by dependent young.

2.1.

Space allowances shall at least comply with the figures laid down, in respect of the animals and the means of transport referred to, in Chapter VII.

2.2.

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

2.3.

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

2.4.

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

2.5.

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

2.6.

Sufficient ventilation shall be provided to ensure that the needs of the animals are fully met taking into account in particular the number and type of the animals to be transported and the expected weather conditions during the journey. Containers shall be stored in a way which does not impede their ventilation.

2.7.

During transport, animals shall be offered water, feed and the opportunity to rest as appropriate to their species and age, at suitable intervals and in particular as referred to in Chapter V. If not otherwise specified, Mammals and Birds shall be fed at least every 24 hours and watered at least every 12 hours. The water and feed shall be of good quality and presented to the animals in a way which minimises contamination. Due regard shall be paid to the need of animals to become accustomed to the mode of feeding and watering.

1.

Strength for pen rails and decks shall be appropriate to the transported animals. Strength calculations of pen rails and decks shall be verified during construction or conversion of the livestock vessel by a classification society approved by the competent authority.

2.

Compartments where animals are to be transported shall be equipped with a forced ventilation system which gives sufficient capacity to change the air in its entire volume as follows:

3.

Storage or production capacity for fresh water shall be appropriate to meet the water requirement laid down in Chapter VI taking into account the maximum number and the type of animals to be transported as well as the maximum duration of the intended journeys.

4.

The fresh water system shall be capable of supplying freshwater continuously in each livestock area and sufficient receptacles shall be available to ensure that all animals have easy and constant access to fresh water. Alternative pumping equipment shall be available to ensure water supply in the event of failure of the primary pumping system.

5.

The drainage system shall be of appropriate capacity to drain fluids from pens and decks under all conditions. Drainpipes and channels shall collect the fluids in wells or tanks from where sewage can be discharged by means of pumps or ejectors. Alternative pumping equipment shall be available to ensure drainage in the event of failure of the primary pumping system.

6.

Livestock areas, passageways and ramps to livestock areas shall be provided with sufficient lighting. Emergency lighting shall be available in case of a failure of the main electrical installation. Sufficient portable lighting shall be provided to allow the attendant adequate inspection and care of the animals.

7.

A fire fighting system shall be appropriately installed in all livestock areas and fire equipment within the livestock areas shall comply with the most recent the International Convention for the Safety of Life at Sea (SOLAS) standards regarding fire protection, fire detection and fire extinction.

8.

The following systems for livestock shall be equipped with a monitoring, control and alarm system in the wheelhouse:

9.

A primary source of power shall be sufficient to supply continuous power for the systems for livestock referred to in paragraphs (2) (4) (5) and (6) under normal operation of the livestock vessel. A secondary source of power shall be sufficient to replace the primary source of power for a continuous period of three days.

1.1.

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

1.2.

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

1.3.

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

1.4.

The watering and feeding intervals, journey times and rest periods when using road vehicles which meet the requirements in point 1.3. are defined as follows:

1.5.

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

1.6.

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

1.7.

1.8.

In the interests of the animals, the journey times in points 1.3, 1.4. and 1.7(b) may be extended by two hours, taking account in particular of proximity to the place of destination.

1.9.

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

2.1.

For poultry, domestic birds and domestic rabbits, suitable food and water shall be available in adequate quantities, save in the case of a journey lasting less than:

2.2.

Dogs and cats being transported shall be fed at intervals of not more than 24 hours and given water at intervals of not more than eight hours. There shall be clear written instructions about feeding and watering.

2.3.

Other species other than those referred to in point 2.1. or 2.2. shall be transported in accordance with the written instructions about feeding and watering and taking into account any special care required.

1.1.

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

1.2.

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

1.3.

The means of transport shall carry a sufficient quantity of appropriate feedingstuff for the feeding requirements of the animals in question during the journey concerned. The feedingstuffs shall be protected from the weather and from contaminants such as dust, fuel, exhaust gases and animal urine and dung.

1.4.

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

1.5.

Where feeding equipment as referred to in paragraph 1.4. is used, it shall be so designed that, if necessary, it is attached to the means of transport to prevent its being overturned. When the means of transport is moving and when the equipment is not in use, it shall be stored separate from the animals.

1.6.

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

1.7.

The means of transport must be fitted with partitions so that separate compartments may be created, while providing all the animals with free access to water.

1.8.

The partitions shall be constructed in such a way that they can be placed in different positions so that the size of compartment can be adapted to specific requirements, and to the type, size and number of animals.

1.9.

Except if accompanied by their mother, long journeys are only permitted for domestic Equidae and domestic animals of bovine and porcine species if:

Unbroken horses shall not be transported on long journeys.

2.1.

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

2.2.

The watering devices shall be in good working order and be appropriately designed and positioned for the categories of animals to be watered on board the vehicle.

2.3.

The water tanks' total capacity for each means of transport shall be at least equal to 1,5 % of its maximum payload. Water tanks must be designed so that they can be drained and cleaned after each journey and must be fitted with a system allowing their water level to be checked. They must be connected to drinking devices within the compartments and maintained in good working order.

2.4.

A derogation from point 2.3. may apply to sea containers exclusively used on vessels that supply water to them from the vessel's own water tanks.

3.1.

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

3.2.

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

3.3.

Means of transport by road must be fitted with a temperature monitoring system as well as with a means of recording such data. Sensors must be located in the parts of the lorry which, depending on its design characteristics, are most likely to experience the worst climatic conditions. Temperature recordings obtained in such manner shall be dated and made available to the competent authority upon request.

3.4.

Means of transport by road must be fitted with a warning system in order to alert the driver when the temperature in the compartments where animals are located reaches the maximum or the minimum limit.

3.5.

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

4.1.

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

4.2.

The Commission shall submit to the Council, by 1 January 2008, the results of study of navigation systems and the application of such technology for the purpose of this Regulation.

4.3.

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

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

The journey log shall comprise the following sections:

The pages of the journey log shall be fastened together.

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

The organiser shall:

Keepers at the place of departure and, when the place of destination is located within the territory of the Community, keepers at the place of destination, shall complete and sign the relevant sections of the journey log. They shall inform the competent authority of any reservations concerning compliance with the provisions of this Regulation using the specimen form in Section 5 as soon as possible.

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

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

When the journey has been completed within the territory of the Community, the transporter shall complete and sign Section 4 of the journey log.

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

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

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

Documents referred to in points (a) and (b) shall be made available to the competent authority which granted the transporter's authorisation and upon request to the competent authority of the place of departure, within one month after it has been completed and shall be kept by the transporter for a period of at least three years from the date of the check.

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

Road drivers and attendants as referred to in Article 6(5) and Article 17(1) shall have successfully completed the training as provided for in paragraph 2 and have passed an examination approved by the competent authority, which shall ensure that examiners are independent.

The training courses referred to in paragraph 1 shall include at least the technical and administrative aspects of Community legislation concerning the protection of animals during transport and in particular the following items: