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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

EU Regulation No 1/2005 · Adopted 22 December 2004 · Extends to United Kingdom

Original text. legislation.gov.uk does not revise this item, so later amendments are not shown here. Changes made to it are listed under each provision when known.

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

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 37 thereof,

Having regard to the proposal from the Commission,

Having regard to the Opinion of the European Parliamentf1,

Having regard to the Opinion of the European Economic and Social Committeef2,

Following consultation of the Committee of the Regions,

Whereas:

(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.

(2)

Under Council Directive 91/628/EEC of 19 November 1991 on the protection of animals during transportf3, 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.

(3)

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 transportf4, as required under Directive 91/628/EEC, recommended amending current Community legislation in this field.

(4)

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.

(5)

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

(6)

The Council invited the Commission on 19 June 2001f5 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.

(7)

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:

  • consulting the competent scientific committee on the duration of animal transport,

  • presenting a harmonised European model certificate for transporters; harmonising route plans for long transport,

  • ensuring that any member of staff handling livestock during transport has completed a training course recognised by the competent authorities, and

  • ensuring that veterinary checks at Community border inspection posts include comprehensive inspection of the welfare conditions in which animals are transported.

(8)

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.

(9)

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.

(10)

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.

(11)

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.

(12)

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.

(13)

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/EECf6.

(14)

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.

(15)

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.

(16)

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.

(17)

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.

(18)

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.

(19)

Council Regulation (EEC) No 3820/85 of 20 December 1985 on the harmonisation of certain social legislation relating to road transportf7 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 transportf8 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.

(20)

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.

(21)

Registered Equidae, as defined in Article 2(c) of Directive 90/426/EECf9, 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’.

(22)

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.

(23)

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.

(24)

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 swinef10 should be amended so as to adapt it to this Regulation as regards the approval of assembly centres and the requirements for transporters.

(25)

Council Directive 93/119/EC of 22 December 1993 on the protection of animals at the time of slaughter and killingf11 should also be amended so as to adapt it to this Regulation as regards the use of electric prods.

(26)

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 mattersf12 should be applied to animal welfare during transport in order to ensure compliance with this Regulation.

(27)

Commission Decision 98/139/ECf13 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.

(28)

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 hoursf14 should be repealed.

(29)

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.

(30)

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.

(31)

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 Commissionf15,

HAS ADOPTED THIS REGULATION:

Annotations to the whole text

Footnotes

f1

Opinion delivered on 30 March 2004 (not yet published in the Official Journal).

f2

OJ C 110, 30.4.2004, p. 135.

f3

OJ L 340, 11.12.1991, p. 17. Directive as last amended by Regulation (EC) No 806/2003 (OJ L 122, 16.5.2003, p. 1).

f4

OJ L 148, 30.6.1995, p. 52.

f5

OJ C 273, 28.9.2001, p. 1.

f6

OJ L 174, 2.7.1997, p. 1. Regulation as last amended by Regulation (EC) No 1040/2003 (OJ L 151, 19.6.2003, p. 21).

f7

OJ L 370, 31.12.1985, p. 1.

f8

OJ L 370, 31.12.1985, p. 8. Regulation as last amended by Commission Regulation (EC) No 432/2004 (OJ L 71, 10.3.2004, p. 3).

f9

OJ L 224, 18.8.1990, p. 42. Directive as last amended by Directive 2004/68/EC (OJ L 139, 30.4.2004, p. 320).

f10

OJ P 121, 29.7.1964, p. 1977/64. Directive as last amended by Regulation (EC) No 21/2004 (OJ L 5, 9.1.2004, p. 8).

f11

OJ L 340, 31.12.1993, p. 21. Directive as amended by Regulation (EC) No 806/2003 (OJ L 122, 16.5.2003, p. 1).

f12

OJ L 351, 2.12.1989, p. 34.

f13

OJ L 38, 12.2.1998, p. 10.

f14

OJ L 52, 21.2.1998, p. 8.

f15

OJ L 184, 17.7.1999, p. 23.

Contents

  1. Chapter I: SCOPE, DEFINITIONS AND GENERAL CONDITIONS FOR THE TRANSPORT OF ANIMALS
  2. 1Scope
  3. 2Definitions
  4. 2aDefinition of the appropriate authority
  5. 2bAuthorisations and certificates issued in the Channel Islands and the Isle of Man
  6. 3General conditions for the transport of animals
  7. Chapter II: ORGANISERS, TRANSPORTERS, KEEPERS AND ASSEMBLY CENTRES
  8. 4Transport documentation
  9. 5Planning obligations for the transport of animals
  10. 6Transporters
  11. 7Prior inspection and approval of means of transport
  12. 8Keepers
  13. 9Assembly centres
  14. Chapter III: DUTIES AND OBLIGATIONS OF THE COMPETENT AUTHORITIES
  15. 10Requirements for transporter authorisation
  16. 11Requirements for long journeys transporter authorisations
  17. 12Limitation on applications for authorisation
  18. 13Issue of authorisations by the competent authority
  19. 14Checks and other measures related to journey log to be carried out by the competent authority before long journeys Repealed
  20. 15Checks to be carried out by the competent authority at any stage of a long journey Repealed
  21. 16Training of staff and equipment of the competent authority Repealed
  22. 17Training courses and certificate of competence
  23. 18Certificate of approval of means of transport by road
  24. 19Certificate of approval of livestock vessels
  25. 20Livestock vessel inspection on loading and unloading
  26. 21Checks at exit points and border inspection posts Repealed
  27. 22Delay during transport
  28. Chapter IV: ENFORCEMENT AND EXCHANGE OF INFORMATION
  29. 23Emergency measures in the event of non-compliance with this Regulation by transporters Repealed
  30. 24Mutual assistance and exchange of information Repealed
  31. 25Penalties Repealed
  32. 26Infringements and notification of infringements Repealed
  33. 27Inspections and annual reports by the competent authorities Repealed
  34. 28On-the-spot checks Repealed
  35. 29Guides to good practice
  36. 29aDocuments
  37. Chapter V: IMPLEMENTING POWERS AND ... PROCEDURE
  38. 30Amendment of the Annexes and implementing rules
  39. 30aRegulations: general
  40. 31Committee procedure Repealed
  41. 32Report Repealed
  42. Chapter VI: FINAL PROVISIONS
  43. 33Repeals
  44. 34Amendments to Directive 64/432/EEC Repealed
  45. 35Amendment to Directive 93/119/EC Repealed
  46. 36Amendments to Regulation (EC) No 1255/97 Repealed
  47. 37Entry into force and date of application
  48. Signature
  49. Annex I: TECHNICAL RULES
  50. Chapter I: FITNESS FOR TRANSPORT
  51. 1Division 1
  52. 2Animals that are injured or that present physiological weaknesses or pathological processes shall not be considered fit for transport and in particular if:
  53. 3However, sick or injured animals may be considered fit for transport if they are:
  54. 4Division 4
  55. 5Division 5
  56. 6Division 6
  57. 7Division 7
  58. Chapter II: MEANS OF TRANSPORT
  59. Provisions for all means of transport
  60. 1.1Means of transport, containers and their fittings shall be designed, constructed, maintained and operated so as to:
  61. 1.2Division 1.2
  62. 1.3For 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:
  63. 1.4Division 1.4
  64. 1.5Division 1.5
  65. 1.6Division 1.6
  66. Additional provisions for transport by road or rail
  67. 2.1Division 2.1
  68. 2.2Division 2.2
  69. 2.3Division 2.3
  70. Additional provisions for transport on roll-on-roll-off vessels
  71. 3.1Before loading onto a vessel the master shall verify that when vehicles are loaded:
  72. 3.2Division 3.2
  73. Additional provisions for transport by air
  74. 4.1Division 4.1
  75. 4.2Division 4.2
  76. Additional provisions for transport in containers
  77. 5.1Division 5.1
  78. 5.2Division 5.2
  79. 5.3Division 5.3
  80. Chapter III: TRANSPORT PRACTICES
  81. Loading, unloading and handling
  82. 1.1Division 1.1
  83. 1.2Where loading or unloading operations last for more than four hours, except for poultry:
  84. Facilities and procedures
  85. 1.3Facilities for loading and unloading, including the flooring, shall be designed, constructed, maintained and operated so as to:
  86. 1.4Division 1.4
  87. 1.5Division 1.5
  88. 1.6Division 1.6
  89. 1.7When containers loaded with animals are placed one on top of the other on the means of transport, the necessary precautions shall be taken:
  90. Handling
  91. 1.8It shall be prohibited to:
  92. 1.9Division 1.9
  93. 1.10Division 1.10
  94. 1.11Animals 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.
  95. Separation
  96. 1.12Animals shall be handled and transported separately in the following cases:
  97. 1.13Division 1.13
  98. During transport
  99. 2.1Division 2.1
  100. 2.2Division 2.2
  101. 2.3Division 2.3
  102. 2.4Division 2.4
  103. 2.5Division 2.5
  104. 2.6Division 2.6
  105. 2.7Division 2.7
  106. Chapter IV: ADDITIONAL PROVISIONS FOR LIVESTOCK VESSELS OR VESSELS TRANSPORTING SEA CONTAINERS
  107. Construction and equipment requirements for livestock vessels
  108. 1Division 1
  109. 2Compartments 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:
  110. 3Division 3
  111. 4Division 4
  112. 5Division 5
  113. 6Division 6
  114. 7Division 7
  115. 8The following systems for livestock shall be equipped with a monitoring, control and alarm system in the wheelhouse:
  116. 9Division 9
  117. 2Feed and water supply on livestock vessels or vessels transporting sea containers
  118. Table 1Minimum daily feed and water supply on livestock vessels or vessels transporting sea containers
  119. Chapter V: WATERING AND FEEDING INTERVAL, JOURNEY TIMES AND RESTING PERIODS
  120. Domestic Equidae, domestic animals of bovine, ovine, caprine and porcine species
  121. 1.1Division 1.1
  122. 1.2Division 1.2
  123. 1.3Division 1.3
  124. 1.4The 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:
  125. 1.5Division 1.5
  126. 1.6Division 1.6
  127. 1.7Division 1.7
  128. 1.8Division 1.8
  129. 1.9Division 1.9
  130. Other species
  131. 2.1For 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:
  132. 2.2Division 2.2
  133. 2.3Division 2.3
  134. Chapter VI: ADDITIONAL PROVISIONS FOR LONG JOURNEYS OF DOMESTIC EQUIDAE AND DOMESTIC ANIMALS OF BOVINE, OVINE, CAPRINE AND PORCINE SPECIES
  135. All long journeys
  136. Roof
  137. 1.1Division 1.1
  138. Floor and Bedding
  139. 1.2Division 1.2
  140. Feed
  141. 1.3Division 1.3
  142. 1.4Division 1.4
  143. 1.5Division 1.5
  145. 1.6Division 1.6
  146. 1.7Division 1.7
  147. 1.8Division 1.8
  148. Minimum criteria for certain species
  149. 1.9Except if accompanied by their mother, long journeys are only permitted for domestic Equidae and domestic animals of bovine and porcine species if:
  150. Water supply for transport by road, rail or sea containers
  151. 2.1Division 2.1
  152. 2.2Division 2.2
  153. 2.3Division 2.3
  154. 2.4Division 2.4
  155. Ventilation for means of transport by road and temperature monitoring
  156. 3.1Division 3.1
  157. 3.2Division 3.2
  158. 3.3Division 3.3
  159. 3.4Division 3.4
  160. 3.5Division 3.5
  161. Navigation System
  162. 4.1Division 4.1
  163. 4.2Division 4.2
  164. 4.3Division 4.3
  165. VIISPACE ALLOWANCES
  166. Domestic equidae
  167. Transport by rail
  168. Division
  169. Transport by road
  170. Division
  171. Transport by air
  172. Transport by sea
  173. Bovine animals
  174. Transport by rail
  175. Transport by road
  176. Transport by air
  177. Transport by sea
  178. Sheep/Goats
  179. Transport by rail
  180. Transport by road
  181. Transport by air
  182. Transport by sea
  183. Pigs
  184. Transport by rail and by road
  185. Transport by air
  186. Transport by sea
  187. Poultry
  188. Densities applicable to the transport of poultry in containers
  189. Annex 2: JOURNEY LOG
  190. 1Interpretation
  191. 2Form of journey log
  192. 3Division 3
  193. 4Obligations of the organiser
  194. 5Division 5
  195. 5ADivision 5A
  196. 6Division 6
  197. 7Completion of Sections 2 and 3 of a journey log
  198. 8Division 8
  199. 9Division 9
  200. 10Completion of Section 4 of a journey log
  201. 11Division 11
  202. 12Division 12
  203. 13Submission and retention of a journey log
  204. 14Division 14
  205. Appendix
  206. Annex 2ARELEVANT ASSIMILATED VETERINARY LEGISLATION
  207. Annex III: FORMS
  208. ITransporter authorisation pursuant to Article 10(1) Repealed
  209. IITransporter authorisation pursuant to Article 11(1) Repealed
  210. IIICertificate of competence for drivers and attendants pursuant to Article 17(2) Repealed
  211. IVCertificate of approval of means of transport by road for long journeys pursuant to Article 18(2) Repealed
  212. Annex IV: TRAINING
  213. 1Division 1
  214. 2The training courses referred to in paragraph 1 shall include at least the technical and administrative aspects of assimilated law concerning the protection of animals during transport and in particular the following items:
  215. 3Division 3
  216. 4Division 4
  217. Annex VINTERNATIONAL AGREEMENTS
  218. Annex VIINTERNATIONAL STANDARDS FOR CONTAINERS, PENS OR STALLS APPROPRIATE FOR TRANSPORTING LIVE ANIMALS BY AIR