Legal provisions of COM(2003)425-2 - Protection of animals during transport and related operations

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dossier COM(2003)425-2 - Protection of animals during transport and related operations.
document COM(2003)425 EN
date December 22, 2004

Contents

CHAPTER I - SCOPE, DEFINITIONS AND GENERAL CONDITIONS FOR THE TRANSPORT OF ANIMALS


Article 1

Scope

1. This Regulation shall apply to the transport of live vertebrate animals carried out within the Community, including the specific checks to be carried out by officials on consignments entering or leaving the customs territory of the Community.

2. Only Articles 3 and 27 shall apply to:

(a)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;

(b)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.

3. This Regulation shall not be an obstacle to any stricter national measures aimed at improving the welfare of animals during transport taking place entirely within the territory of a Member State or during sea transport departing from the territory of a Member State.

4. This Regulation shall apply without prejudice to Community veterinary legislation.

5. This Regulation shall not apply to the transport of animals which does not take place in connection with an economic activity and to the transport of animals directly to or from veterinary practices or clinics, under the advice of a veterinarian.

Article 2

Definitions

For the purposes of this Regulation the following definitions shall apply:

(a)‘animals’ means live vertebrate animals;

(b)‘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;

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

(d)‘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;

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

(f)‘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;

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

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

(i)‘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;

(j)‘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;

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

(l)‘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;

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

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

(o)‘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;

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

(q)‘organiser’ means:

(i)a transporter who has subcontracted to at least one other transporter for a part of a journey; or

(ii)a natural or legal person who has contracted to more than one transporter for a journey; or

(iii)a person who has signed Section 1 of the journey log as set out in Annex II;

(r)‘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:

(i)the distance travelled between the first place of loading and the assembly centre is less than 100 km; or

(ii)the animals have been accommodated with sufficient bedding, untied, if possible, and watered for at least six hours prior to the time of departure from the assembly centre;

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

(i)accommodated for at least 48 hours prior to the time of departure; or

(ii)slaughtered;

(t)‘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;

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

(v)‘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;

(w)‘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;

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

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

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

Article 3

General conditions for the transport of animals

No person shall transport animals or cause animals to be transported in a way likely to cause injury or undue suffering to them.

In addition, the following conditions shall be complied with:

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

(b)the animals are fit for the journey;

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

(d)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;

(e)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;

(f)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;

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

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

CHAPTER II - ORGANISERS, TRANSPORTERS, KEEPERS AND ASSEMBLY CENTRES


Article 4

Transport documentation

1. No person shall transport animals without carrying documentation in the means of transport stating:

(a)their origin and their ownership;

(b)their place of departure;

(c)the date and time of departure;

(d)their intended place of destination;

(e)the expected duration of the intended journey.

2. The transporter shall make the documentation provided for in paragraph 1 available to the competent authority upon request.

Article 5

Planning obligations for the transport of animals

1. No person shall contract or subcontract the transport of animals except to transporters authorised in accordance with Article 10(1) or Article 11(1).

2. Transporters shall identify a natural person responsible for the transport and ensure that information on the planning, execution and completion of the part of the journey under their control can be obtained at any time.

3. Organisers shall ensure that for each journey:

(a)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

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

4. For long journeys between Member States and with third countries for domestic Equidae other than registered Equidae, and domestic animals of bovine, ovine, caprine and porcine species, transporters and organisers shall comply with the provisions on the journey log set out in Annex II.

Article 6

Transporters

1. No person shall act as a transporter unless he holds an authorisation issued by a competent authority pursuant to Article 10(1) or, for long journeys, Article 11(1). A copy of the authorisation shall be made available to the competent authority when the animals are transported.

2. Transporters shall notify to the competent authority any changes in relation to the information and documents referred to in Article 10(1) or, for long journeys, Article 11(1), no more than 15 working days from the date the changes took place.

3. Transporters shall transport animals in accordance with the technical rules set out in Annex I.

4. Transporters shall entrust the handling of the animals to personnel who have received training on the relevant provisions of Annexes I and II.

5. No person shall drive, or act as an attendant on a road vehicle transporting domestic Equidae or domestic animals of bovine, ovine, caprine or porcine species or poultry unless he holds a certificate of competence pursuant to Article 17(2). The certificate of competence shall be made available to the competent authority when the animals are transported.

6. Transporters shall ensure that an attendant accompanies any consignment of animals except in the following cases:

(a)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;

(b)where the driver performs the functions of attendant.

7. Paragraphs 1, 2, 4 and 5 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.

8. Transporters shall make available the certificate of approval as provided for in Article 18(2) or Article 19(2) to the competent authority of the country to which animals are transported.

9. Transporters of domestic Equidae, except registered Equidae, and domestic animals of the bovine, ovine, caprine and porcine species over long road journeys shall use a navigation system as referred to in Annex I, Chapter VI, paragraph 4.2, as from 1 January 2007 for means of transport by road for the first time in service and as from 1 January 2009 for all means of transport by road. They shall keep the records obtained by such navigation system for at least three years and shall make them available to the competent authority upon request, in particular when the checks referred to in Article 15(4) are carried out. Implementing measures concerning this paragraph may be adopted in accordance with the procedure referred to in Article 31(2).

Article 7

Prior inspection and approval of means of transport

1. No person shall transport animals by road for a long journey unless the means of transport has been inspected and approved under Article 18(1).

2. No person shall transport by sea, for more than 10 nautical miles, domestic Equidae and domestic animals of bovine, ovine, caprine or porcine species from a Community port unless the livestock vessel has been inspected and approved under Article 19(1).

3. The provisions of paragraph 1 and paragraph 2 apply to containers used for the transport of domestic Equidae or domestic animals of bovine, ovine, caprine or porcine species by road and/or by water, for long journeys.

Article 8

Keepers

1. Keepers of animals at the place of departure, transfer or destination shall ensure that the technical rules set out in Chapters I and III, section 1, of Annex I in respect of the animals being transported are met.

2. Keepers shall check all animals arriving at a place of transit or a place of destination and determine if the animals are or have been subject to a long journey between Member States and with third countries. In the case of long journeys for domestic Equidae, other than registered Equidae, and domestic animals of bovine, ovine, caprine and porcine species, keepers shall comply with the provisions on the journey log set out in Annex II.

Article 9

Assembly centres

1. Operators of assembly centres shall ensure that animals are treated in accordance with the technical rules set out in Chapters I and III, section 1, of Annex I.

2. Operators of assembly centres that are approved in accordance with Community veterinary legislation shall in addition:

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

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

(c)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;

(d)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;

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

CHAPTER III - DUTIES AND OBLIGATIONS OF THE COMPETENT AUTHORITIES


Article 10

Requirements for transporter authorisation

1. The competent authority shall grant authorisations to transporters provided that:

(a)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;

(b)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;

(c)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.

2. The competent authority shall issue authorisations as provided for in paragraph 1 in accordance with the specimen set out in Chapter I of Annex III. Such authorisations shall be valid for not more than five years from the date of issue and shall not be valid for long journeys.

Article 11

Requirements for long journeys transporter authorisations

1. The competent authority shall grant authorisations to transporters carrying out long journeys upon application, provided that:

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

(b)the applicants have submitted the following documents:

(i)valid certificates of competence for drivers and attendants as provided for in Article 17(2) for all drivers and attendants carrying out long journeys;

(ii)valid certificates of approval as provided for in Article 18(2) for all means of transport by road to be used for long journeys;

(iii)details of the procedures enabling transporters to trace and record the movements of road vehicles under their responsibility and to contact the drivers concerned at any time during long journeys;

(iv)contingency plans in the event of emergencies.

2. For the purpose of paragraph 1(b)(iii) transporters carrying on long journeys of domestic Equidae, other than registered Equidae, and domestic animals of the bovine, ovine, caprine and porcine species, shall demonstrate that they use the navigation system referred to in Article 6(9):

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

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

3. The competent authority shall issue such authorisations in accordance with the specimen set out in Chapter II of Annex III. Such authorisations shall be valid for not more than five years from the date of issue and shall be valid for all journeys, including long journeys.

Article 12

Limitation on applications for authorisation

Transporters shall apply for an authorisation pursuant to Article 10 or to Article 11 to no more than one competent authority, in no more than one Member State.

Article 13

Issue of authorisations by the competent authority

1. The competent authority may limit the scope of an authorisation provided for in Article 10(1) or for long journeys, in Article 11(1) according to criteria that may be verified during transport.

2. The competent authority shall issue each authorisation provided for in Article 10(1) or for long journeys, in Article 11(1) with a number unique in the Member State. The authorisation shall be drawn up in the official language(s) of the Member State of issue and in English when the transporter is likely to operate in another Member State.

3. The competent authority shall record authorisations provided for in Article 10(1) or Article 11(1) in a manner enabling the competent authority to identify transporters rapidly, in particular in the event of failure to comply with the requirements of this Regulation.

4. The competent authority shall record authorisations issued pursuant to Article 11(1) in an electronic database. The transporter's name and authorisation number shall be made publicly available during the period of validity of the authorisation. Subject to Community and/or national rules regarding privacy protection, public access to other data in relation to transporters' authorisations shall be granted by Member States. The database shall also include decisions notified under Article 26(4)(c) and (6).

Article 14

Checks and other measures related to journey log to be carried out by the competent authority before long journeys

1. In the case of long journeys between Member States and with third countries for domestic Equidae and domestic animals of bovine, ovine, caprine and porcine species, the competent authority of the place of departure shall:

(a)carry out appropriate checks to verify that:

(i)transporters indicated in the journey log have the corresponding valid transporter authorisations, the valid certificates of approval for means of transport for long journeys and valid certificates of competence for drivers and attendants;

(ii)the journey log submitted by the organiser is realistic and indicates compliance with this Regulation;

(b)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;

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

(d)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.

2. By way of derogation to paragraph 1(c), the stamping of the journey log shall not be required for transports using the system referred to in Article 6(9).

Article 15

Checks to be carried out by the competent authority at any stage of a long journey

1. The competent authority shall carry out at any stage of the long journey appropriate checks on a random or targeted basis to verify that declared journey times are realistic and that the journey complies with this Regulation and in particular that travel times and rest periods have complied with the limits set out in Chapter V of Annex I.

2. In the case of long journeys between Member States and with third countries, the checks at the place of departure for fitness for transport, as referred to in Chapter I of Annex I, shall be performed before the loading as part of the animal health checks as set out in the corresponding veterinary Community legislation, within the time limits provided by such legislation.

3. When the place of destination is a slaughterhouse, the checks provided for in paragraph 1 may be performed as part of the animal welfare inspection as set out in Regulation (EC) No 854/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific rules for the organisation of official controls on products of animal origin intended for human consumption (19).

4. The records of the movements of the means of transport by road obtained from navigation system may be used for carrying out these checks where appropriate.

Article 16

Training of staff and equipment of the competent authority

The competent authority shall ensure that its staff are duly trained and equipped to check data recorded by:

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

—the navigation system.

Article 17

Training courses and certificate of competence

1. Training courses shall be available for personnel of transporters and assembly centres for the purposes of Article 6(4) and Article 9(2)(a).

2. The certificate of competence for drivers and attendants of road vehicles transporting domestic Equidae or domestic animals of bovine, ovine, caprine or porcine species or poultry as referred to in Article 6(5) shall be granted in accordance with Annex IV. The certificate of competence shall be drawn up in the official language(s) of the Member State of issue and in English when the driver or attendant is likely to operate in another Member State. The certificate of competence shall be issued by the competent authority or body designated for this purpose by the Member States and in accordance with the specimen set out in Chapter III of Annex III. The scope of the said certificate of competence may be limited to a specific species or group of species.

Article 18

Certificate of approval of means of transport by road

1. The competent authority or body designated by a Member State shall grant a certificate of approval for means of transport by road used for long journeys upon application, provided that the means of transport:

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

(b)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.

2. The competent authority or body designated by a Member State shall issue each certificate with a number unique in the Member State and in accordance with the specimen set out in Chapter IV of Annex III. The certificate shall be drawn up in the official language(s) of the Member State of issue and in English. Certificates shall be valid for a period of not more than five years from the date of issue and shall become invalid as soon as the means of transport are modified or refitted in a way that affects the welfare of the animals.

3. The competent authority shall record the certifications of the approval of the means of transport by road for long journeys in an electronic database in a manner enabling them to be rapidly identified by the competent authorities in all Member States, in particular in the event of failure to comply with the requirements of this Regulation.

4. Member States may grant derogations to the provisions of this Article and to the provisions of Chapter V, paragraph 1.4, point (b) and Chapter VI of Annex I for means of transport by road in respect of journeys not exceeding 12 hours in order to reach the final place of destination.

Article 19

Certificate of approval of livestock vessels

1. The competent authority or body designated by a Member State shall grant a certificate of approval for a livestock vessel upon application, provided that the vessel is:

(a)operated from the Member State where the application is made;

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

(c)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.

2. The competent authority or body designated by a Member State shall issue each certificate with a number unique in the Member State. The certificate shall be drawn up in at least one of the official language(s) of the Member State of issue and in English. Certificates shall be valid for a period of not more than five years from the date of issue and shall become invalid as soon as the means of transport are modified or refitted in a way that affects the welfare of the animals.

3. The competent authority shall record approved livestock vessels in a manner enabling them to be rapidly identified, in particular in the event of failure to comply with this Regulation.

4. The competent authority shall record the certifications of the approval of livestock vessels in an electronic database, in a manner enabling them to be rapidly identified, in particular in the event of failure to comply with the requirements of this Regulation.

Article 20

Livestock vessel inspection on loading and unloading

1. The competent authority shall inspect livestock vessels before any loading of animals in order to verify in particular that:

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

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

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

2. The competent authority shall inspect the following before and during any loading/unloading of livestock vessels to ensure that:

(a)the animals are fit to continue their journey;

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

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

Article 21

Checks at exit points and border inspection posts

1. Without prejudice to the checks provided for in Article 2 of Regulation (EC) No 639/2003, where animals are presented at exit points or border inspection posts, official veterinarians of the Member States shall check that the animals are transported in compliance with this Regulation and in particular:

(a)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);

(b)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);

(c)that the animals are fit to continue their journey;

(d)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;

(e)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;

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

2. In the case of long journeys for domestic Equidae and domestic animals of bovine, ovine, caprine and porcine species, official veterinarians of exit points and border inspection posts shall perform and record the checks listed in Section 3 ‘Place of destination’ of the journey log in Annex II. Records of those checks and the check provided for in paragraph 1 shall be kept by the competent authority for a period of at least three years from the date of the checks, including a copy of the corresponding record sheet or print-out as referred to in Annex I or Annex IB to Regulation (EEC) No 3821/85 if the vehicle is covered by that Regulation.

3. Where the competent authority considers that animals are not fit to complete their journey, they shall be unloaded, watered, fed and rested.

Article 22

Delay during transport

1. The competent authority shall take the necessary measures to prevent or reduce to a minimum any delay during transport or suffering by animals when unforeseeable circumstances impede the application of this Regulation. The competent authority shall ensure that special arrangements are made at the place of transfers, exit points and border inspection posts to give priority to the transport of animals.

2. No consignment of animals shall be detained during transport unless it is strictly necessary for the welfare of the animals or reasons of public safety. No undue delay shall occur between the completion of the loading and departure. If any consignment of animals has to be detained during transport for more than two hours, the competent authority shall ensure that appropriate arrangements are made for the care of the animals and, where necessary, their feeding, watering, unloading and accommodation.

CHAPTER IV - ENFORCEMENT AND EXCHANGE OF INFORMATION


Article 23

Emergency measures in the event of non-compliance with this Regulation by transporters

1. Where a competent authority finds that any provision of this Regulation is not being complied with, or has not been complied with, it shall take, or require the person responsible for the animals to take, any necessary action required to safeguard the welfare of the animals.

Such action shall not be likely to cause unnecessary or additional suffering to the animals and shall be proportionate to the seriousness of the risks involved. The Competent authority shall recover the costs of such action in the appropriate manner.

2. Depending on the circumstances of each case, such action may include:

(a)a change of driver or attendant;

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

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

(d)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;

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

Where there is no other means of safeguarding the welfare of the animals, they shall be humanely killed or euthanised.

3. Where action is to be taken due to non-compliance with this Regulation as referred to in paragraph 1, and it is necessary to transport the animals in breach of some of the provisions of this Regulation, the competent authority shall issue an authorisation for the transport of the animals. The authorisation shall identify the animals concerned and define the conditions under which they may be transported until this Regulation is fully complied with. Such authorisation shall accompany the animals.

4. The competent authority shall immediately arrange to have the necessary measures carried out if the person responsible for the animals cannot be contacted or fails to comply with instructions.

5. Decisions taken by the competent authorities and the reasons for such decisions shall be notified as soon as possible to the transporter or his representative and to the competent authority which granted the authorisation as provided for in Article 10(1) or Article 11(1). If necessary the competent authorities shall provide assistance to the transporter to facilitate implementation of the required emergency measures.

Article 24

Mutual assistance and exchange of information

1. The rules and information procedures set out in Council Directive 89/608/EEC (20) shall apply for the purposes of this Regulation.

2. Each Member State shall communicate details of a contact point for the purposes of this Regulation to the Commission, including, where available, an electronic address, within three months of the date of entry into force of this Regulation as well as any update of such data. The Commission shall forward details of the contact point to the other Member States within the framework of the Standing Committee on the Food Chain and Animal Health.

Article 25

Penalties

The Member States shall lay down the rules on penalties applicable to infringements of the provisions of this Regulation and shall take all measures necessary to ensure that they are implemented. The penalties provided for must be effective, proportionate and dissuasive. The Member States shall notify those provisions, as well as provisions for the application of Article 26, to the Commission by 5 July 2006 at the latest and shall notify it without delay of any subsequent amendment affecting them.

Article 26

Infringements and notification of infringements

1. In the case of any infringements of this Regulation, the competent authority shall take the specific measures provided for in paragraphs 2 to 7.

2. Where a competent authority establishes that a transporter has not observed, or a means of transport does not comply with this Regulation, it shall notify without delay the competent authority which granted the authorisation to the transporter or the certificate of approval of the means of transport and, where the driver is involved in the failure to observe the requirements of this Regulation, the one that issued the driver's certificate of competence. Any relevant data and documents shall accompany such notification.

3. Where a competent authority of a place of destination finds that the journey took place in breach of this Regulation, it shall notify without delay the competent authority of the place of departure. Any relevant data and documents shall accompany such notification.

4. Where a competent authority establishes that a transporter has not observed, or a means of transport does not comply with this regulation, or where a competent authority receives a notification as provided for in paragraph (2) or (3) it shall, if appropriate:

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

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

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

5. In the case of infringement of this Regulation by a driver or attendant holding a certificate of competence as provided for in Article 17(2), the competent authority may suspend or withdraw the certificate of competence, in particular if the infringement shows that the driver or attendant lacks sufficient knowledge or awareness to transport animals in compliance with this Regulation.

6. In the case of repeated or serious infringements of this Regulation, a Member State may temporarily prohibit the transporter or means of transport concerned from transporting animals on its territory, even if the transporter or the means of transport is authorised by another Member State, provided that all the possibilities afforded by mutual assistance and exchange of information as provided for in Article 24 have been exhausted.

7. Member States shall ensure that all the contact points as provided for in Article 24(2) are notified without delay of any decision taken under paragraph 4(c), or paragraphs 5 or 6 of this Article.

Article 27

Inspections and annual reports by the competent authorities

1. The competent authority shall check that the requirements of this Regulation have been complied with, by carrying out non-discriminatory inspections of animals, means of transport and accompanying documents. Such inspections must be carried out on an adequate proportion of the animals transported each year within each Member State, and may be carried out at the same time as checks for other purposes. The proportion of inspections shall be increased where it is established that the provisions of this Regulation have been disregarded. The above proportions shall be determined in accordance with the procedures referred to in Article 31(2).

2. Member States shall submit to the Commission by 30 June each year an annual report for the previous year on the inspections provided for in paragraph 1. The report shall be accompanied by an analysis of the major deficiencies detected and an action plan to address them.

Article 28

On-the-spot checks

Veterinary experts from the Commission may, in collaboration with the authorities of the Member State concerned and insofar as is necessary to ensure uniform application of this Regulation, make on-the-spot checks in accordance with the procedures laid down in Article 45 of Regulation (EC) No 882/2004 (21) of the European Parliament and of the Council.

Article 29

Guides to good practice

Member States shall encourage the development of guides to good practice which shall include guidance on compliance with this Regulation and in particular with Article 10(1). Such guides shall be drawn up at national level, among a number of Member States, or at Community level. Dissemination and use of national and Community guides shall be encouraged.

CHAPTER V - IMPLEMENTING POWERS AND COMMITTEE PROCEDURE


Article 30

Amendment of the Annexes and implementing rules

1. The Annexes to the Regulation shall be amended by the Council, acting by a qualified majority, on a proposal from the Commission, with a view in particular to their adaptation to technological and scientific progress, except as regards Chapter IV and Chapter VI, paragraph 3.1, of Annex I, Sections 1 to 5 of Annex II, Annex III, IV, V and VI which may be amended in accordance with the procedure referred to in Article 31(2).

2. Any detailed rules necessary for the implementation of this Regulation may be adopted in accordance with the procedure referred to in Article 31(2).

3. Certificates or other documents provided for by the Community veterinary legislation for live animals may be supplemented in accordance with the procedure referred to in Article 31(2) in order to take into account of the requirements of this Regulation.

4. The obligation to hold a certificate of competence as provided for in Article 6(5) may be extended to drivers or attendants of other domestic species in accordance with the procedure referred to in Article 31(2).

5. Derogations from paragraph 2(e) of Chapter I of Annex I may be adopted by the Commission in case of exceptional market support measures due to movement restrictions under veterinary disease control measures. The Committee referred to in Article 31 shall be informed of any measures adopted.

6. Derogations concerning requirements for long journeys to take account of the remoteness of certain regions from the mainland of the Community, may be adopted in accordance with the procedure as referred to in Article 31(2).

7. By way of derogation to this Regulation, Member States may continue to apply the current national provisions concerning transport of animals within their outermost regions, originating from or arriving at those regions. They shall inform the Commission thereof.

8. Pending the adoption of detailed provisions for species not explicitly mentioned in the Annexes, Member States may establish or maintain additional national rules applying to transport of animals of such species.

Article 31

Committee procedure

1. The Commission shall be assisted by the Standing Committee on the Food Chain and Animal Health, set up by Regulation (EC) No 178/2002 of the European Parliament and of the Council (22).

2. Where reference is made to this paragraph, Articles 5 and 7 of Decision 1999/468/EC shall apply.

The period referred to in Article 5(6) of Decision 1999/468/EC shall be set at three months.

3. The Committee shall adopt its rules of procedure.

Article 32

Report

Within four years from the date mentioned in Article 37, second subparagraph, the Commission shall present a report to the European Parliament and to the Council on the impact of this Regulation on the welfare of animals being transported and on the trade flows of live animals within the enlarged Community. In particular, the report shall take into account scientific evidence on welfare needs of animals, and the report on the implementation of the navigation system, as referred to in Annex I, Chapter VI, paragraph 4.3, as well as the socio-economic implications of this Regulation, including regional aspects. This report may be accompanied if necessary by appropriate legislative proposals concerning long journeys, in particular as regards journey times, resting periods and space allowances.

CHAPTER VI - FINAL PROVISIONS


Article 33

Repeals

Directive 91/628/EEC and Regulation (EC) No 411/98 shall be repealed from 5 January 2007. References to the repealed Directive and Regulation shall be construed as references to this Regulation.

Article 34

Amendments to Directive 64/432/EEC

Directive 64/432/EEC is hereby amended as follows:

1)Article 11 shall be amended as follows:

(a)in paragraph 1 the following point shall be inserted as follows:

‘(ee)comply with the provisions of Directive 98/58/EC and Regulation (EC) No 1/2005 (23) applicable to them;’

(23) OJ L 3, 5.1.2005."

(b)paragraph (4) shall be replaced by the following:

‘4.   The competent authority may suspend or withdraw approval in the event of failure to comply with this Article or other appropriate provisions of this Directive, or of Regulation (EC) No 1/2005 or other Community veterinary legislation listed in Chapter I of Annex A to Directive 90/425/EEC (24). Approval may be restored when the competent authority is satisfied that the assembly centre is in full compliance with all the appropriate provisions referred to in this paragraph.’

(24) OJ L 224, 18.8.1990, p. 29."

2)Article 12 shall be replaced by the following:

‘Article 12

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

(a)for the carriage of animals they must use means of transport that are:

(i)constructed in such a way that the animal faeces, litter or feed can not leak or fall out of the vehicle; and

(ii)cleaned and disinfected immediately after every transport of animals or of any product which could affect animal health, and if necessary before any new loading of animals, using disinfectants officially authorised by the competent authority;

(b)they must either:

(i)have appropriate cleaning and disinfection facilities approved by the competent authority, including facilities for storing litter and dung; or

(ii)provide documentary evidence that these operations are performed by a third party approved by the competent authority.

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:

(a)places, dates and times of pick-up, and the name or business name and address of the holding or assembly centre where the animals are picked up;

(b)places, dates and times of delivery, and the name or business name and address of the consignee(s);

(c)the species and number of animals carried;

(d)date and place of disinfection;

(e)details of accompanying documentation including the number;

(f)expected duration of each journey.

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.’.

Article 35

Amendment to Directive 93/119/EC

In Annex A to Directive 93/119/EC, paragraph 3 of Part II shall be replaced by the following:

‘3.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.’.

Article 36

Amendments to Regulation (EC) No 1255/97

Regulation (EC) No 1255/97 is hereby amended as follows:

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

2)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."

3)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:

(a)be located in an area which is not subject to prohibition or restrictions in accordance with relevant Community legislation;

(b)be under the control of an official veterinarian who shall ensure, inter alia, compliance with the provisions of this Regulation;

(c)operate in compliance with all the relevant Community rules regarding animal health, the movement of animals and the protection of animals at the time of slaughter;

(d)undergo regular inspection, at least twice a year, to ascertain that the requirements for approval continue to be fulfilled.

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.’;

4)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.’;

5)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’;

6)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’;

7)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.’;

8)Annex I shall be amended as follows:

(a)the title shall be replaced by the following:

‘ANNEX

COMMUNITY CRITERIA FOR CONTROL POSTS’

(b)Section A shall be replaced by the following:

‘A.   HEALTH AND HYGIENE MEASURES

1.Every control posts must

(a)be located, designed, constructed and operated as to ensure sufficient bio-security preventing the spreading of serious infectious diseases to other holdings and between consecutive consignments of animals passing through these premises;

(b)be constructed, equipped and operated as to ensure that cleaning and disinfection procedures can be carried out. A lorry wash shall be provided on the spot. Such facilities must be operational under all weather conditions;

(c)be cleansed and disinfected before and after each use, as required by the official veterinarian.

2.Personnel and equipment entering into contact with the animals accommodated shall be exclusively dedicated to the premises concerned unless they have been subject to a cleaning and disinfection procedure after being in contact with the animals or their faeces or urine. In particular the person in charge of the control post shall provide clean equipment and protective clothes, which shall be kept exclusively for the use of any persons entering the control post, and shall make available suitable equipment for cleansing and disinfecting the above items.

3.Bedding material shall be removed when a consignment of animals is moved from an enclosure and, after the cleansing and disinfecting operations provided for in point 1(c), shall be replaced by fresh bedding.

4.Animals litter, faeces and urine shall not be collected from the premises unless they have been subject to an appropriate treatment in order to avoid the spreading of animal diseases.

5.Appropriate sanitary breaks between two consecutive consignments of animals shall be respected and if appropriate adapted depending on whether they come from a similar region, zone or compartment. In particular, control posts shall be completely cleared of animals for a period of at least 24 hours after a maximum of 6 days' use and after cleansing and disinfecting operations have been carried out, and prior to the arrival of any new consignment.

6.Before accepting animals, control posts shall:

(a)have started the cleansing and disinfection operations within 24 hours following the departure of all animals previously held there in accordance with the provisions of Article 4(3) of this Regulation;

(b)have remained clear of animals until the cleansing and disinfection operation is completed to the satisfaction of the official veterinarian.’;

(c)Section B, paragraph 1 shall be replaced by the following:

‘1.In addition to the provisions of Chapters II and III of Annex I to Regulation (EC) No 1/2005 applying to means of transport for loading and unloading animals, every control post must have suitable equipment and facilities available for the purpose of loading and unloading animals from the means of transport. In particular, such equipment and facilities must have a non-slip floor covering and, if necessary, be provided with lateral protection. Bridges, ramps and gangways must be fitted with sides, railings or some other means of protection to prevent animals falling off them. Loading and unloading ramps should have the minimum possible incline. Passageways must have floor coverings which minimise the risk of slipping and be so constructed as to minimise the risk of injury to animals. Particular care must be taken to ensure that no appreciable gap or step is allowed between the vehicle floor and the ramp or the ramp and the floor of the unloading area requiring animals to jump or likely to cause them to slip or stumble.’;

9)Annex II shall be deleted.

Article 37

Entry into force and date of application

This Regulation shall enter into force on the 20th day following that of its publication in the Official Journal of the European Union.

It shall apply as from 5 January 2007.

However, Article 6(5) shall apply as from 5 January 2008.

This Regulation shall be binding in its entirety and directly applicable in all Member States.