Explanatory Memorandum to COM(2003)425-2 - Protection of animals during transport and related operations - Main contents
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This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2003)425-2 - Protection of animals during transport and related operations. |
|---|---|
| source | COM(2003)425  |
| date | 16-07-2003 |
In this regard the transport of live animals is the most controversial area of animal welfare. Directive 91/628/EEC i amended by Directive 95/29/EC i constitutes the current Community legislative framework. Council Regulation (EC) No 1255/97 and Council Regulation (EC) No 411/98 were adopted subsequently to provide more detailed rules.
In accordance with Article 13 i of Directive 91/628/EEC the Commission adopted in December 2000 a report i to the Council and the European Parliament on the experience acquired by Member States since the implementation of Directive 95/29/EC. The Commission report recommended actions to be taken, some of which have already been initiated. However most of the recommendations could only be addressed through amendments of the current legislation.
The report was presented to the Agriculture Council that in June 2001 supported the outcome in a specific resolution i. In November 2001 the European Parliament adopted a resolution i on this report.
On 11 March 2002 the Scientific Committee on Animal Health and Animal Welfare adopted an opinion on the welfare of animals during transport. The scientific opinion provides in particular recommendations concerning the fitness of animals to be transported, the training of personnel transporting animals, the handling of animals, increased space allowances and restrictive journey time limits.
The Commission has carefully analysed the recommendations provided by the Scientific Committee. The Commission considers that the conclusions of the report have to be considered in the framework of practical experience and in the light of their enforceability. The proper enforcement of animal protection legislation is a key element to improve the current situation. Moreover, the practicability of moving in one step towards achieving the Scientific Committee's recommendations needs to be considered carefully. The Commission believes that adopting a step by step approach, implementing the main aspects of the recommendations, represents the best means of introducing real improvements in animal welfare over the short to medium term. The aim of the Commission proposal is, therefore, to guarantee that the high standards recommended by the Scientists are fulfilled via the creation of proper legislative instruments allowing competent authorities to perform better control and enforcement.
The necessity to better develop knowledge on animal welfare during transport is also urgently recognised by the Commission. The Commission is engaged in promoting further research in the animal health and animal welfare areas in particular in relation to transport to better develop knowledge on the most sensitive aspects.
In particular, resources will be devoted to studying the role of journey duration and its effect on the metabolism of different species and categories of animals. In addition, the experience gained through the implementation of the proposed travel sequences will facilitate a greater understanding of the scientific aspects of animal transport, which can support the elaboration of further scientific advice in due course from the European Food Safety Authority. Such scientific advice could provide the basis of further improvements in animal transport conditions, including journey durations.
Moreover, it should be mentioned that in the framework of the 5th Research Framework Program the Commission funded a research project on the transport of cattle (CATRA project). More information on the project is available at the following web site: www.lt.slu.se/catra/ .
The Commission also organised a wide ranging consultation among major stakeholders and the public. In particular all the main organisations involved had the opportunity to present their comments to the Commission and their suggestions on how to improve the situation on animal transport. The measures proposed received a wide support from the public during the web consultation held on December 2002 i.
From this background there is a clear consensus for improving the level of enforcement as a priority. Animal health concerns have also determined the urgency for the Commission to take action in this field in particular by refining the tools for the controls by competent authorities on long distance transport operations. This objective can be achieved in particular by allowing competent authorities for the welfare of animals to check the recording equipment installed in road vehicles required by the European social legislation as regards journey time.
In this regard the Commission proposal introduces detailed requirements for the training of drivers for livestock transport by introducing a specific curriculum, the need for approved training bodies and a harmonised certificate of training. Furthermore in order to facilitate the controls, the proposal reinforces the harmonisation of documents (transporters' authorisation, drivers' certificates, vehicles approvals) and procedures (establishment of contact points for each Member States, communication of infringements). Restrictive conditions are laid down in the proposal for granting an authorisation to transporters and transporters operating long distance journeys would be registered in a specific database. The proposal lists the specific checks to be carried out by officials for consignments arriving or leaving the customs territory of the Union.
Based on the considerations mentioned above, having considered the opinion of the scientists and having examined the contributions from the different stakeholders the Commission proposal demands high standards in particular for the transports involving the crossing of several regions of Europe defined in the proposal as long distance transport. In this respect the new enhanced measures proposed are the following:
(a) Transporters will be granted a specific authorisation. This will be possible only following precise conditions and for a limited period of time. Such transporters will be registered in a national electronic database;
(b) Higher standards in particular in relation to ventilation and drinking facilities for the vehicles are proposed on the basis of a specific opinion by the Scientific Committee;
(c) All livestock vessels operating from Community ports will be subjected to specific requirements and a certificate of approval;
(d) Higher space allowances on the truck apply for long distance journeys than for short journeys;
(e) Shorter travelling periods and longer resting periods for the animals on board the vehicles to avoid the most stressful operations of loading and unloading; the use of staging points is not foreseen by the proposal due the demonstrated risk for the health of the animals;
(f) A new route plan administrative procedure will make it compulsory for the operators to systematically check the consignment at the place of destination, to keep records of the results and to report any anomaly to officials.
Experience shows that the transport of horses for slaughter over long distances is a subject of particular concern. Therefore in addition to the above mentioned requirements the proposal makes it compulsory to transport horses in individual stalls for long distance journeys.
Scientists pointed out that very young animals are especially vulnerable and recommended that their transport should be banned altogether. The proposal will ban the transport of new born and very young animals in line with the scientific opinion.
Experience has also indicated to the Commission that the worst situations of poor handling and straightforward cruelty to animals were reported in market places. Based on this experience the proposal, for the first time in the EU legislation, extends provisions on animal protection to all places where animals are loaded, unloaded and handled including livestock markets. In particular livestock markets will be subjected to specific requirements regarding the training of personal handling animals.
Because of the major changes to be introduced the present proposal repeals Directive 91/628/EEC as amended by Directive 95/29/EC as well as Regulation (EC) No1255/97 and Regulation (EC) No 411/98. The Commission proposal for a Council Regulation amending Regulation (EC) No 411/98 as regards ventilation in road vehicles carrying livestock on long journeys i is also to be withdrawn because it is now included in the present text. In particular the elaboration of a proposal for a Council Regulation has been chosen to facilitate an early harmonisation of the rules in the internal market.
Socio-economic investigations have been carried out in the preparation of the present measures to ensure that they are proportionate to the desired objective.
Taking into account the fundamental modifications needed, taken from the experience acquired by Member States and from the review of the latest scientific data, the present proposal is the most appropriate mean of achieving the desired objective.