Directive 1991/628 - Protection of animals during transport - Main contents

official title

 

Legal instrument	Directive
Number legal act	Directive 1991/628
Original proposal	COM(1989)322
CELEX number i	31991L0628

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Council Directive 91/628/EEC of 19 November 1991 on the protection of animals during transport and amending Directives 90/425/EEC and 91/496/EEC

Official Journal L 340 , 11/12/1991 P. 0017 - 0027

COUNCIL DIRECTIVE

of 19 November 1991

on the protection of animals during transport and amending Directives 90/425/EEC and 91/496/EEC

(91/628/EEC)

THE COUNCIL OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Economic Community, and in particular Article 43 thereof,

Having regard to the proposal from the Commission (1),

Having regard to the opinion of the European Parliament (2),

Having regard to the opinion of the Economic and Social Committee (3),

Whereas in its resolution of 20 February 1987 on animal welfare policy (4), the European Parliament called upon the Commission to put forward proposals on the protection of animals during transport;

Whereas in order to eliminate technical barriers to trade in live animals and to allow the market organizations in question to operate smoothly, while ensuring a satisfactory level of protection for the animals concerned, the Community has adopted rules in this field;

Whereas all Member States have ratified the European Convention for the protection of animals during international transport and have signed the additional Protocol enabling the Community as such to accede to the said Convention;

Whereas Council Regulation (EEC) No 3626/82 of 3 December 1982 on the implementation in the Community of the Convention on international trade in endangered species of wild fauna and flora (5), hereinafter referred to as 'Cites`, regulates the conditions of transport of certain species;

Whereas Directive 77/489/EEC (6) laid down rules on the protection of animals during international transport; whereas Directive 81/389/EEC (7) established measures for the implementation of Directive 77/489/EEC, and in particular introduced controls at the internal frontiers of the Community;

Whereas in order to achieve the same objectives, and in particular the protection of animals during transport, it is necessary in the context of establishing the internal market to modify the rules of Directive 90/425/EEC (8), inter alia with a view to harmonizing prior checks relating to animal welfare during transport;

Whereas within this framework the transport of animals within, to and from the Community must be covered, and systematic checks at the internal frontiers of the Community must be abolished;

Whereas for reasons of animal welfare the transport over long distances of animals, including animals for slaughter, should be reduced as far as possible;

Whereas the rules proposed must ensure more effective protection of animals during transport;

Whereas Directive 91/496/EEC (9) should be amended so as to adapt it to this Directive; whereas Directives 77/489/EEC and 81/389/EEC should furthermore be repealed,

HAS ADOPTED THIS DIRECTIVE:

CHAPTER I General provisions

Article 1

• 1. 

  This Directive applies to the transport of:

(a) domestic solipeds and domestic animals of the bovine, ovine, caprine and porcine species;

(b)

poultry, domestic birds and domestic rabbits;

(c)

domestic cats and domestic dogs;

(d)

other mammals and birds;

(e)

other vertebrate animals and cold-blooded animals.

( 7) OJ N° L 224, 18. 8. 1990, p. 29. Directive as last amended by Directive 91/496/EEC (OJ N° L 268, 24. 9. 1991, p. 56).

(§) OJ N° L 268, 24. 9. 1991, p. 56.

• 2. 

  This Directive does not apply:

(a)

to travellers transporting pet animals for non-profit-making purposes;

(b)

without prejudice to the relevant national provisions, to the transport of animals carried out:

• - 

  up to a maximum distance of 50 km counted from the start of the transport of the animals to the place of destination, or

• - 

  by stock farmers or fatteners using agricultural vehicles or means of transport...

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