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Tuesday, 30 March 2004 - Strasbourg Final edition
Protection of animals *
P5_TA(2004)0222A5-0197/2004

European Parliament legislative resolution on the proposal for a Council regulation on the protection of animals during transport and related operations and amending Directives 64/432/EEC and 93/119/EC (COM(2003) 425 – C5-0438/2003 – 2003/0171(CNS))

(Consultation procedure)

The European Parliament ,

–   having regard to the Commission proposal to the Council (COM(2003) 425)(1)

–   having regard to Article 37 of the EC Treaty, pursuant to which the Council consulted Parliament (C5-0438/2003),

–   having regard to Rule 67 of its Rules of Procedure,

–   having regard to the report of the Committee on Agriculture and Rural Development and the opinion of the Committee on the Environment, Public Health and Consumer Policy and the Committee on Regional Policy, Transport and Tourism (A5-0197/2004),

1.  Approves the Commission proposal as amended;

2.  Calls on the Commission to alter its proposal accordingly, pursuant to Article 250(2) of the EC Treaty;

3.  Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament;

4.  Asks the Council to consult Parliament again if it intends to amend the Commission proposal substantially;

5.  Instructs its President to forward its position to the Council and Commission.

Text proposed by the Commission   Amendments by Parliament
Amendment 1
RECITAL 5
(5)  For reasons of animal welfare the transport of animals over long distances, including animals for slaughter, should be reduced as far as possible.
(5)  For reasons of animal welfare the animals should be in the vehicles for as short a time as possible, for which there is a need to have more than one driver, to minimise the travel time and the duration of stops . Accordingly, the use of mobile slaughterhouses should be encouraged, above all in thinly populated and outlying areas.
Amendment 2
RECITAL 10
(10)  The unloading and subsequent reloading of animals is more stressful than leaving them resting in the vehicle in good conditions. In addition, contact at staging points between animals from different sources can lead to the spread of infectious disease. Therefore, for animal welfare and animal health reasons the use of staging points should be prevented . Accordingly, Council Regulation (EC) No 1255/97 of 25 June 1997 concerning Community criteria for staging points and amending the route plan referring to in the Annex to Directive 91/628/EEC, should be repealed.
(10)  The unloading and subsequent reloading of animals is more stressful than leaving them resting in the vehicle in good conditions. In addition, contact at staging points and markets between animals from different sources can lead to the spread of infectious disease. Therefore, for animal welfare and animal health reasons the use of staging points should be avoided, provided that suitable conditions for the animals can be guaranteed . Accordingly, Council Regulation (EC) No 1255/97 of 25 June 1997 concerning Community criteria for staging points and amending the route plan referring to in the Annex to Directive 91/628/EEC, should be repealed.
Amendment 3
RECITAL 10a (new)
10a. When long-distance journeys are undertaken, stopping areas should continue to be available at which transport vehicles can be refuelled, animals can be fed and watered if supplies for the journey have unexpectedly run out, lactating animals can be milked, and, in emergencies, the assistance of a veterinarian can be sought.
Amendment 4
RECITAL 15a (new)
(15a) Limiting the transport of animals could have serious economic consequences for peripheral regions. This Regulation should therefore specify the exemptions required to prevent the commercial isolation of such regions.
Amendment 5
RECITAL 16
(16)  Council Regulation (EEC) No 3820/85 of 20 December 1985 on the harmonisation of certain social legislation relating to road transport provides for maximum driving periods and minimum rest periods for road drivers. It is appropriate that journey times for animals are similarly regulated. Council Regulation (EEC) No 3821/85 of 20 December 1985 on recording equipment in road transport 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.
(16)  Council Regulation (EEC) No 3820/85 of 20 December 1985 on the harmonisation of certain social legislation relating to road transport provides for maximum driving periods and minimum rest periods for road drivers. It is appropriate that journey times for animals are similarly regulated. Council Regulation (EEC) No 3821/85 of 20 December 1985 on recording equipment in road transport provides for recording equipment to be installed and used to ensure effective checking on compliance with social legislation concerning road transport. Where animal transport is concerned, a GPS system should be used to monitor travel time, the route and activities of the vehicle during the journey. This could lead to an automated animal transport control system.
Amendment 6
RECITAL 16a (new)
(16a) Owing to their great flexibility and versatility, the application of new satellite positioning and mobile communication technologies to tracking and tracing systems meets the requirements of the new 'animal protection during transport' policies planned at Community level. These technologies enable animal transport vehicles to be tracked, traced, monitored and controlled. With regard to satellite positioning, the Galileo project launched by the European Union in 2002 1 is scheduled to provide, as of 2008, services which are optimal for these purposes.
___________________
1 Council Regulation (EC) No 876/2002 of 21 May 2002 setting up the Galileo Joint Undertaking (OJ L 138, 28.5.2002, p.1).
Amendment 7
RECITAL 25a (new)
(25a) In the interests of animal welfare and animal and public health, movements should be kept to the minimum consonant with good farming practice.
Amendment 8
RECITAL 25b (new)
(25b) The slaughter of animals as close as possible to their place of rearing should be given priority, leading to the development of local slaughterhouses and hence employment, in particular in disadvantaged rearing areas,
Amendment 109
ARTICLE 1, PARAGRAPH 2
2.  This Regulation shall not apply to the transport of a single animal accompanied by the person who is responsible for it during transport.
2.  This Regulation shall not apply to the transport of a single animal accompanied by the person who is responsible for it during transport, for transport in connection with traditional pasturing and transhumance, nor shall it apply to registered equidae being transported for breeding or competition purposes that are identifiable through individual passports. It shall likewise not apply to the transport of animals intended for public performances or shows, cultural, sporting or training activities, restocking or centres exhibiting animal life and the natural world.
The sectors excluded from this Regulation must supply the competent authorities with details of their customary transport practices, in addition to being regularly inspected and demonstrating compliance with the respective specific requirements so as to guarantee the welfare of animals to be transported.
Amendment 10
ARTICLE 1, PARAGRAPH 2a (new)
2a. This Regulation shall not be an obstacle to any stricter national measures, including a total ban on the export of live equidae intended for production or slaughter, aimed at improving the welfare of animals during transport taking place entirely within the territory of a Member State or during transport by sea, departing from the territory of a Member State.
Amendment 11
ARTICLE 2, POINT (aa) (new)
(aa) 'certified breeding animals' means animals intended for breeding for which a herd-book certificate has been issued.
Amendment 12
ARTICLE 2, POINT (c)
(c) 'attendant' means a person directly in charge of the welfare of the animals who accompanies them during a journey;
(c) 'attendant' means a person directly in charge of the welfare of the animals who accompanies them during a journey and during loading and unloading ;
Amendment 121/rev
ARTICLE 2, POINT (h)
(h) '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;
(h) 'journey' means the entire transport operation from the loading of the first animal at the place of departure to the unloading of the last animal at the place of destination, including any unloading, accommodation and loading occurring at intermediate points in the journey;
Amendment 13
ARTICLE 2, POINT (ka) (new)
(ka) 'journey for slaughter' means a journey of animals which are slaughtered within one month after arrival at the place of destination after a journey;
Amendment 14
ARTICLE 3a (new)
Article 3a
The slaughter of animals as close as possible to their place of rearing shall be given priority. The development of local slaughterhouses and hence employment in disadvantaged areas shall form part of rural development policy.
In order to minimise the duration of the journey or to obviate the need to transport slaughter animals, the use of mobile slaughterhouses under Regulation (EC) No 1257/1999 1 on support for rural development shall be encouraged.
__________________
1 Council Regulation (EC) No 1257/1999 of 17 May 1999 on support for rural development from the European Agricultural Guidance and Guarantee Fund (EAGGF) and amending and repealing certain Regulations (OJ L 160, 26.6.1999, p. 80.)
Amendment 15
ARTICLE 3b (new)
Article 3b
The Commission shall review the rules on state aid with a view to ensuring that sufficient support can be given to local abattoirs to allow them both to conform with the required standards and be financially viable.
Amendment 115
ARTICLE 3c (new)
Article 3c
The Commission shall examine ways of encouraging and promoting the development and use of more small local abattoirs - and mobile slaughterhouses - and publish a report to that effect before December 2004. The report will in particular examine whether charges for meat hygiene inspections should be calculated on a headage (throughput) basis rather than a set daily charge.
Amendment 16
ARTICLE 6, PARAGRAPH 7
7.  Paragraphs 1, 2 and 4 shall not apply to persons transporting animals up to a maximum distance of 50 km counted from the place of departure to the place of destination.
7.  Paragraphs 1, 2 and 4 shall not apply to persons transporting animals up to a maximum distance of 100 km counted from the place of departure to the place of destination.
Amendment 17
ARTICLE 7, PARAGRAPH 1
1.  No person shall transport animals by road over long-distance journeys unless the means of transport has been inspected and approved under Article 17(1).
1.  No person shall transport animals by road over more than 100 km from the place of departure to the place of destination unless the means of transport has been inspected and approved under Article 17(1).
Amendment 18
ARTICLE 9, PARAGRAPH 1a (new)
1a. Operators of assembly centres shall ensure that animals have easy and constant access to fresh, clean water.
Amendment 19
ARTICLE 9, PARAGRAPH 2, POINT (a)
(a) entrust the handling of animals only to personnel who have followed training courses on the relevant technical rules set out in Annex I;
(a) entrust the handling of animals only to personnel who have followed training courses on the relevant technical rules set out in Annex I and on animal physiology and drinking and feeding needs, animal behaviour and the factors causing stress, and, in particular, the practical aspects of handling of animals and emergency care for animals .
Amendment 20
ARTICLE 10, TITLE
Authorisations for transporters operating long-distance journeys
Authorisations for transporters transporting animals over a distance of more than 100 km from the place of departure to the place of destination
Amendment 21
ARTICLE 10, PARAGRAPH 1, POINT (e), POINT (i)
(i) valid training certificates for drivers as provided for in Article 16 (2) for all the drivers intended to operate long distance journeys;
(i) valid training certificates for drivers as provided for in Article 16(2) for all the drivers intended to operate journeys of more than 100 km or two hours ;
Amendment 22
ARTICLE 10, PARAGRAPH 1, POINT (e), POINT (ii)
(ii) valid certificates of approval as provided for in Article 17 (2) for all means of transport by road intended to be used for long distance journeys;
(ii) valid certificates of approval as provided for in Article 17(2) for all means of transport by road intended to be used for journeys of more than 100 km or two hours ;
Amendment 23
ARTICLE 11
Article 11
Authorisations for transporters not operating long distance journeys
deleted
1.  The competent authority shall grant authorisations to transporters not operating long distance journeys upon application, provided that they comply with points (a) to (d) of Article 10(1).
2.  The competent authority shall issue such authorisations in accordance with the specimen set out in Chapter II of Annex III and valid for not more than five years from the date of issue.
Amendments 24 and 25
ARTICLE 12, PARAGRAPHS 1 - 3
1.  The competent authority may limit the scope of an authorisation provided for in Article 10(1) or Article 11(1) according to criteria that may be verified during transport.
1.  The competent authority may limit the scope of an authorisation provided for in Article 10(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 Article 11(1) with a number unique in the Member State. The authorisation shall be drawn up at least in one of the official languages of the Member State of issue and two other official languages of the Community.
2.  The competent authority shall issue each authorisation provided for in Article 10(1) with a number unique in the Member State. The authorisation shall be drawn up at least in one of the official languages of the Member State of issue and two other official languages of the Community, one of them being English .
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.
3.  The competent authority shall record authorisations provided for in Article 10(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.
Amendment 26
ARTICLE 13, POINT (c)
(c) send details as soon as possible of the intended long distance journey set out in the journey log to the competent authority of the place of destination or of the exit point.
(c) send details as soon as possible of the intended long distance journey set out in the journey log to the competent authority of the place of destination or of the exit point. For this purpose the competent authority shall notify as soon as possible all transports that it has accepted as being in compliance with this Regulation through the information exchange system referred to in Article 20 of Directive 90/425/EEC.
Amendments 27 and 28
ARTICLE 14
The competent authority shall carry out at any stage of the long distance journey appropriate checks on a random or targeted basis to verify that declared journey times are credible and comply with this Regulation. In particular the competent authority shall verify that travel times and rest periods have complied with the limits set out in Chapter V of Annex I.
The competent authority shall have carried out by qualified representatives at any stage of the long distance journey appropriate official checks on a random or targeted basis concerning aspects which are of relevance to animal welfare to verify that declared journey times are credible and that the journey complies with this Regulation. The number of animals to be checked and the number of checks shall cover at least 20% of journeys, of which at least 10% shall be in the form of a spot check on the road. Member States shall ensure that the relevant inspection authorities have at their disposal sufficient qualified staff to carry out the checks mentioned above.
The use of satellite positioning and mobile communications technologies shall be used for carrying out these checks.
If the checks are delegated to more than one authority, the central authority of the Member State shall ensure that the checks are coordinated, particularly in order to prevent duplication of checks, so as not to delay transport unnecessarily.
The competent authority shall record the outcome of the checks carried out on long distance journeys within the information exchange system referred to in Article 20 of Directive 90/425/EEC.
Amendment 29
ARTICLE 15, paragraph 1a (new)
The training shall be organised within the framework of this Regulation in the Member States on the basis of uniform criteria.
Amendment 30
ARTICLE 16, PARAGRAPH 1
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.
1.  Training and further training courses shall be available for personnel of transporters and assembly centres and a certification procedure shall be established for the purposes of Articles 6(4) and 9(2)a.
Amendment 31
ARTICLE 16, PARAGRAPH 2
2.  The training certificate for drivers of road vehicles transporting domestic equidae or domestic animals of bovine, ovine, caprine, porcine species or poultry as referred to in Article 6(5) shall be granted in accordance with Annex IV. The training certificate shall be drawn up in at least one of the official languages of the Member State where it is issued and of two other official languages of the Community. The training certificate 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.
2.  The training certificate for drivers of road vehicles transporting animals as referred to in Article 6(5) shall be granted in accordance with Annex IV. The training certificate shall be drawn up in at least one of the official languages of the Member State where it is issued and in two other official languages of the Community. One of these languages shall be English. The training certificate 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. A certificate of completion of the regular course at an agricultural college or similar training shall be deemed to constitute a training certificate as referred to in Annex IV.
Amendment 32
ARTICLE 16, PARAGRAPH 2a (new)
2a. The scope of the training certificate may be limited to a specific species, subgroup, transport time or period of time.
Amendment 33
ARTICLE 16, PARAGRAPH 2b (new)
2b. The personnel responsible shall update their knowledge at suitable intervals to include further scientific developments in animal handling.
Amendment 34
ARTICLE 17, PARAGRAPH 1, INTRODUCTION
1.  The competent authority or body designated by Member State shall grant a certificate of approval for means of transport by road used for long-distance journeys upon application provided that the means of transport:
1.  The competent authority or body designated by the Member State shall grant a certificate of approval for means of transport by road used for journeys of more than 100 km between the place of departure and the place of destination upon application provided that the means of transport:
Amendment 35
ARTICLE 17, PARAGRAPH 1, POINT (b)
(b) have been favourably inspected by the competent authority regarding 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 distance journeys.
(b) have been favourably inspected by the competent authority regarding the requirements of Chapter II of Annex I and, for means of transport by road for long distance journeys, Chapter VI of Annex I applicable to the design, construction and maintenance of means of transport by road.
Amendment 36
ARTICLE 17, PARAGRAPH 2
2.  The competent authority or body designated by 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 at least one of the official languages of the Member State of issue and two other official languages of the Community. Certificates shall be valid for a period of not more than five years from the date of issue and shall be renewed any time the means of transport is modified or refitted.
2.  The competent authority or body designated by 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 at least one of the official languages of the Member State of issue and two other official languages of the Community, one of them being English . Certificates shall be valid for a period of not more than three years from the date of issue and shall become invalid as soon as the means of transport is modified or refitted.
Amendment 41
ARTICLE 17, PARAGRAPH 2a (new)
2a. All vehicles in each Member State shall be licensed for the species of animal they will be allowed to carry. The weight and size of the animals will also affect the number of animals the individual vehicle will be allowed to carry. Each vehicle shall be 'plated' with the relevant information so that the provisions of this Regulation can be enforced throughout the European Union.
Amendment 37
ARTICLE 17, PARAGRAPH 2b (new)
2b. The competent authority shall record the certifications of the approval of the means of transport in an electronic database in a manner enabling competent authorities in all Member States to identify a means of transport rapidly, in particular in the event of failure to comply with the requirements of this Regulation.
Amendment 38
ARTICLE 18, PARAGRAPH 1, POINT (a)
(a) regularly operated from the Member State where the application is made;
(a) operated from the Member State where the application is made;
Amendment 39
ARTICLE 18, PARAGRAPH 2
2.  The competent authority or body designated by 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 languages of the Member State of issue and two other official languages of the Community. Certificates shall not be valid for a period of more than five years from the date of issue and shall be renewed any time the livestock vessel is modified or refitted.
2.  The competent authority or body designated by 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 languages of the Member State of issue and two other official languages of the Community, one of them being English . Certificates shall not be valid for a period of more than five years from the date of issue and shall be renewed any time the livestock vessel is modified or refitted.
Amendment 40
ARTICLE 18, PARAGRAPH 3
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.
3.  The competent authority shall record approved 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 this Regulation.
Amendment 42
ARTICLE 19, PARAGRAPH -1 (new)
-1.  Before loading begins, the transporter shall complete fully and correctly the 'journey plan for livestock vessels' as provided for in Chapter IVa of Annex III, after which the route plan shall be submitted to the competent authority.
Amendment 43
ARTICLE 19, PARAGRAPH 1, INTRODUCTION
1.  The competent authority shall inspect livestock vessels before any loading of animals in order to verify in particular that:
1.  The competent authority shall inspect livestock vessels before any loading of animals in order to verify the correctness of the 'journey plan for livestock vessels' and in particular that:
Amendment 44
ARTICLE 20, PARAGRAPH 1, INTRODUCTION
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:
1.  Without prejudice to the checks provided for in Article 2 of Regulation (EC) No 639/2003, official veterinarians of the Member States shall check at exit points and border inspection posts that the animals are transported in compliance with this Regulation and in particular:
Amendment 45
ARTICLE 20, PARAGRAPH 1, POINT (fa) (new)
(fa) that, in the case of imports and exports, transporters have provided evidence that the journey from the place of departure to the place of destination indicates compliance with the journey times laid down in Chapter V of Annex I.
Amendment 46
ARTICLE 20, PARAGRAPH 2
2.  In the case of long distance 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 the Section 3 "Place of destination" of Annex II. Records of those checks and the check provided for in paragraph 1shall be kept by the competent authority for a period of at least five years from the date of the checks including a copy of the corresponding record sheet or printing as referred to in Annex I or Annex IB to Regulation (EEC) No 3821/85 if the vehicle is covered by that Regulation.
2.  In the case of long distance journeys or journeys for the slaughter of 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 the Section 3 "Place of destination" of Annex II. Records of those checks and the check provided for in paragraph 1shall be kept by the competent authority for a period of at least five years from the date of the checks including a copy of the corresponding record sheet or printing as referred to in Annex I or Annex IB to Regulation (EEC) No 3821/85 if the vehicle is covered by that Regulation.
Amendment 47
ARTICLE 20, PARAGRAPH 3
3.  Where the competent authority considers that animals have been neglected or maltreated during the journey and are therefore not fit to complete their journey, they shall be unloaded, watered, fed and rested.
3.  Where the competent authority considers that animals have been neglected or maltreated during the journey or are not fit to continue their journey, they shall be unloaded, watered, fed and rested for a period of at least 24 hours, and, if necessary, action shall be taken in accordance with Article 22 .
Amendment 48
ARTICLE 20, PARAGRAPH 3a (new)
3a. If, in the case of imports, animals are not transported in compliance with this Regulation and in particular with the provisions of paragraph 1(a), (b), (c), (d), (f), or (fa), or paragraphs 2 or 3, the competent authority shall refuse the animals entry into the territory of the European Union.
Amendment 49
ARTICLE 20, PARAGRAPH 3b (new)
3b. All animals imported for slaughter shall be unloaded at or near the border inspection post and rested for a period of 24 hours, with the provision of food and water, unless their journey to the slaughterhouse can be completed within two hours. This provision would not apply if the countries of origin and transit have transposed Community welfare legislation into their own legislation and the imported animals meet all the requirements of this Regulation.
Amendment 50
ARTICLE 20, PARAGRAPH 3c (new)
3c. If, in the case of exports, animals are not transported in compliance with this Regulation and in particular with provisions laid down in 1(a), (b), (c), (d), (f) or (fa), or paragraphs 2 or 3, the competent authority shall prohibit the animals from leaving the territory of the European Union.
Amendment 51
ARTICLE 21, PARAGRAPH 2a (new)
2a. The competent authority shall ensure that the official checks required pursuant to Article 14 are organised and performed in such a way that the journeys can continue immediately. The duration of a check should not exceed 30 minutes.
Amendment 52
ARTICLE 22, PARAGRAPH 2, POINT (d)
(d) returning the animals to their place of departure by the most direct route;
(d) returning the animals to their place of departure by the most direct route, or allowing the animals to continue to their place of destination by the most direct route, whichever would be the most humane ;
Amendment 53
ARTICLE 22, PARAGRAPH 2a (new)
2a. The competent authority of each Member State shall identify a sufficient number of suitable unloading premises and notify the Commission thereof at regular intervals.
Amendment 54
ARTICLE 23, PARAGRAPH 2
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.
2.  Each Member State shall communicate details of a contact point for the purposes of this Regulation to the Commission, including an electronic address. The Commission shall create, by ...*, a central electronic database to which all information shall be sent pursuant to Article 25(7) by the contact point determined by each Member State pursuant to Article 23(2). The Commission shall be responsible for the management of this database within the framework of the Standing Committee on the Food Chain and Animal Health.
_______________________
* Six months after the entry into force of this Regulation.
Amendment 55
ARTICLE 24
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 25, to the Commission by dd/mm/yy [insert 18 months after the date of publication at the latest and shall notify it without delay of any subsequent amendment affecting them.
The Member States shall lay down the rules on penalties which shall be uniform throughout the EU, 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 25, to the Commission by dd/mm/yy [insert 18 months after the date of publication] at the latest and shall notify it without delay of any subsequent amendment affecting them. In the event of negligent or deliberate infringements causing severe suffering to animals, the transporter's authorisation shall be withdrawn for one year and all employees shall be required to undergo appropriate training. In case of negligent or deliberate infringements causing severe suffering to animals, penalties must include the possibility of a prison sentence of up to two years.
Amendment 56
ARTICLE 25, PARAGRAPH 2
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 that granted the authorisation to the transporter or the certificate of approval of the means of transport. Any relevant data and documents shall accompany such notification.
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 that 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 this Regulation, the competent authority that issued the driver's training certificate. Any relevant data and documents shall accompany such notification.
Amendment 57
ARTICLE 25, PARAGRAPH 4a (new)
4a. In the event of three infringements of this Regulation within one year, the competent authority shall suspend or withdraw the authorisation of the transporter and, if appropriate, the certificate of approval of the means of transport concerned for at least one year.
Amendment 58
ARTICLE 25, PARAGRAPH 5
5.  In the case of infringement of this Regulation by a driver holding a training certificate as provided for in Article 16 (2) , the competent authority may suspend or withdraw the training certificate, in particular if the infringement shows that the driver lacks sufficient knowledge or awareness to transport animals in compliance with this Regulation.
5.  In the event of infringement of this Regulation by a driver holding a training certificate as provided for in Article 16(2) , the competent authority shall suspend or withdraw the training certificate, in particular if the infringement shows that the driver lacks sufficient knowledge or awareness to transport animals in compliance with this Regulation unless the infringement is minor and did not impair the animals" welfare, or there are particular circumstances which indicate that the infringement was outside the driver's control.
Amendment 59
ARTICLE 25, PARAGRAPH 6
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 23 have been exhausted.
6.  In the event of infringements of this Regulation, a Member State may, depending on the seriousness of the offence, temporarily or entirely 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 23 have been exhausted.
Amendment 60
ARTICLE 25, PARAGRAPH 7
Member States shall ensure that all the contact points as provided for in Article 23(2) are notified without delay of any decision taken under paragraph 4 (c) , or paragraphs 5 or 6.
Member States shall ensure that the electronic database provided for in Article 23(2) is updated in the light of any decision taken under paragraph 4(c) , or paragraphs 5 or 6.
Amendment 61
ARTICLE 26, PARAGRAPH 1
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 30 (2) .
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 at least 10% 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 30(2) .
Amendment 62
ARTICLE 26, PARAGRAPH 2
2.  The competent authority shall submit to the Commission by 30 June each year an annual report of 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.
2.  The competent authority shall submit to the Commission by 30 June each year an annual report of the previous year on the inspections provided for in paragraph 1. The report shall be accompanied by an analysis of the major deficiencies detected, an action plan to address them and documentation on the sanction measures taken by the authorities. The report shall be made available to the European Parliament and the Member States on request .
Amendment 63
ARTICLE 27
Veterinary experts from the Commission may, in collaboration with the authorities of the Member State concerned and, in so far as it is necessary to ensure uniform application of this Regulation, make on-the-spot checks in accordance with the procedures laid down in Commission Decision 98/139/EC.
Veterinary experts from the Commission may, in collaboration with the authorities of the Member State concerned and, in so far as it is necessary to ensure uniform application of this Regulation, make on-the-spot checks in accordance with the procedures laid down in Commission Decision 98/139/EC during at least one mission per Member State per year.
Amendment 64
ARTICLE 28
Guides to good practice
Guides to good practice and certification schemes
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).
1.  Member States shall develop guides to good practice and certification schemes 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. However, their use shall be optional.
2.  Certification schemes for transporters carrying out long distance journeys shall include guidance on compliance with this Regulation and ensure animal welfare standards that exceed the minimum standards laid down in this Regulation.
Participation in a certification scheme is obligatory for certain long distance transporters, as specified in Annex I.
Amendment 65
ARTICLE 29, PARAGRAPH 1
1.  The Annexes may be amended in accordance with the procedure referred to in Article 30(2).
1.  The Annexes to this Regulation shall be amended by the Council acting by a qualified majority on a proposal from the Commission and after consultation of the European Parliament, except as regards Annexes III, IV, V and VI, which may be amended in accordance with the procedure referred to in Article 30(2).
Amendment 66
ARTICLE 29, PARAGRAPH 6a (new)
6a. The Commission shall draw up a report, which it shall forward to the European Parliament, making it possible to assess the impact of this Regulation on all sectors affected by the tightening of rules on animal welfare during transport. Any further amendment of the rules contained in the Annexes to this Regulation and which may result from the application of Article 29(1) shall form the subject of a prior impact assessment, which shall also be forwarded to the European Parliament.
Amendment 67
ARTICLE 30a (new)
Article 30a
Acute-phase protein
Since the impact of this Regulation on animal welfare needs to be demonstrated scientifically, the Commission shall submit, by ...*, a report on the development of acute-phase protein research, if necessary accompanied by proposals to revise this Regulation.
_________________
* Five years after the entry into force of this Regulation.
Amendment 68
ARTICLE 32, POINT 2
Article 12, paragraph 1, point (b), point (i) (Directive 64/432/EEC)
(i) have appropriate cleaning and disinfection facilities approved by the competent authority, including facilities for storing litter and dung; or
(i) make available to transporters the facilities needed to clean and disinfect vehicles. These facilities shall be approved by the competent authority, including facilities for storing litter and dung; or
Amendment 69
ARTICLE 33
Annex A, Part II, paragraph 3 (Directive 93/119/EC)
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."
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 prohibited.
Amendment 70
ARTICLE 34, PARAGRAPH 2
It shall apply from dd/mm/yy [insert 18 months after the date of publication].
It shall apply from dd/mm/yy [insert 24 months after the date of publication].
Amendment 71
ANNEX I, CHAPTER I, PARAGRAPH 2, POINT (e)
(e) they are pigs of less than four weeks , lambs of less than one week and calves of less than two weeks of age unless they are transported less than 100 km ;
(e) they are pigs of less than three weeks , lambs of less than one week and calves of less than two weeks of age;
Amendment 72
ANNEX I, CHAPTER I, PARAGRAPH 3, INTRODUCTION
3.  However, ill or injured animals may be considered fit for transport if they are:
3.  However, ill or injured animals may be considered fit for transporting for short distances if they are:
Amendment 73
ANNEX I, CHAPTER II, PARAGRAPH 1.1, POINT (ha) (new)
(ha) be equipped, from 2008 onwards, with the appropriate satellite navigation equipment, allowing for recording and transmission of positioning information to the competent authorities.
Amendment 74
ANNEX I, CHAPTER II, PARAGRAPH 1.1, POINT (hb) (new)
(hb) provide external and internal ramps that are not steeper than 30 % on the horizontal level, equipped with cleats with intervals at a maximum of 30 centimetres.
Amendment 112
ANNEX I, CHAPTER II, PARAGRAPH 1.4
1.4  Partitions shall be strong enough to withstand the weight of animals. Fittings shall be designed for quick and easy operation.
1.4  To prevent animals being thrown about during transport, partitions shall be fitted and used to subdivide large groups of animals or subdivide an area which contains fewer animals than its normal capacity. Partitions shall be strong enough to withstand the weight of animals. Fittings shall be designed for quick and easy operation. Partitions shall be constructed and fitted in such a way that animals are not caused injury by their legs being trapped between the bottom of the partition and the vehicle floor or between the bars of the partition.
Amendment 75
ANNEX I, CHAPTER II, PARAGRAPH 1.5
1.5.  Piglets of less than 10 kg, lambs of less than 20 kg, calves of less than six months and foals of less than four months of age shall be provided with appropriate bedding material. It shall be sufficient to allow the animals to lie down without being in direct contact with the floor.
1.5.  All animals shall be provided with adequate and appropriate bedding material which shall be sufficient to allow the animals to lie down without being in direct contact with the floor. This material has to ensure adequate absorption of urine and faeces.
Amendment 76
ANNEX I, CHAPTER III, PARAGRAPH 1.4
1.4.  Ramps shall not be steeper than 33,3 % on the horizontal level for pigs, calves and horses and than 50 % for sheep and cattle other than calves provided that ramps are equipped with cleats with intervals at a maximum of 30 centimetres.
1.4.  External and internal ramps shall not be steeper than 30% for pigs, calves, horses, sheep and cattle and shall be equipped with cleats with intervals at a maximum of 30 centimetres.
Amendment 77
ANNEX I, CHAPTER III, PARAGRAPH 1.11, POINT (fa) (new)
(fa) sexually mature male and female animals.
Amendment 78
ANNEX I, CHAPTER IV, PARAGRAPH 9a (new)
9a. A satellite navigation system should be used to record on a continuous basis journey positioning information, as well as transmission of such data on request to the competent authorities.
Amendment 79
ANNEX I, CHAPTER V, INTRODUCTORY PARAGRAPH, POINT (b)
(b) 'travel time' means a period during a journey which is not interrupted by a minimum rest period as provided for in points (d) and (e) of paragraph 1.1 of section 1.
(b) 'travel time' means a period during a journey which is not interrupted by a minimum rest period as provided for in points (d) and (e) of paragraph 1.1 of section 1. In the interests of animal welfare, transport may be extended by two hours in the event of unforeseeable delays (traffic jams, breakdown, accident, diversions, force majeure, etc.), taking account in particular of the proximity of the destination or the resting place envisaged in the transport plan.
Amendment 80
ANNEX I, CHAPTER V, PARAGRAPH -1 (new)
-1.  Journeys by road and rail for slaughter of animals such as domestic equidae and domestic animals of bovine, ovine, caprine and porcine species are only permitted if travel times do not exceed nine hours. This restriction shall not apply if there are not at least two slaughterhouses available within a radius of 500 km from the place of departure. Member States may apply shorter transport periods for transport within their own territory or ban exports of certain species for moral reasons.
Amendment 81
ANNEX I, CHAPTER V, PARAGRAPH 1.1, POINT (da) (new)
(da) for transport by road, certified in accordance with Article 28(2), travel times do not exceed travel times for drivers as laid down in Regulation (EEC) No 3820/85. Sequences of travel times may be repeated during a journey. In the interest of the animals the maximum journey time may be extended by a maximum of two hours taking into account the proximity of the final destination.
Amendment 82
ANNEX I, CHAPTER VI, PARAGRAPH 1.2
1.2.  Equidae shall have permanent access to hay.
1.2.  Equidae shall have access to hay and water every nine hours .
Amendment 83
ANNEX I, CHAPTER VI, PARAGRAPH 1.7
1.7.  Animals shall not be tied during movements of the means of transport. This provision does not apply for registered equidae as referred to in Directive 90/426/EEC.
1.7.  Animals shall not be tied during movements of the means of transport. This provision does not apply for registered equidae as referred to in Directive 90/426/EEC. However, tying shall be permitted, exceptionally, if this is necessary on grounds of animal welfare and/or occupational health and safety and adequate feed and water are provided.
Amendment 84
ANNEX I, CHAPTER VI, PARAGRAPH 1.9a (new)
1.9a.  Bovines should be transported in a group of maximum 8 adult cattle or 15 calves; pigs in a group of maximum 15 pigs/young sows, 60 piglets (<10 kg), 32 young pigs (10-30 kg), sheep and goats in groups of maximum 30 animals.
Amendment 85
ANNEX I, CHAPTER VI, PARAGRAPH 3.1
3.1.  Ventilation systems on road vehicles shall be designed, constructed and maintained in such way that, at any time during the journey, whether the vehicle is stationary or moving, they are capable of maintaining the temperature adjusted for humidity in the vehicle between the maximum and minimum temperatures set out in Table 1 ;
3.1.  Ventilation systems on road vehicles shall be designed, constructed and maintained in such way as to ensure that a temperature range between 5 and 30°C is maintained for all animals inside the vehicle, with a tolerance of +5°C depending on the outside temperature ;
Amendment 86
ANNEX I, CHAPTER VI, TABLE 1
The table is deleted.
Amendment 87
ANNEX I, CHAPTER VII, PARAGRAPH 1.2a (new)
1.2a.  In the case of long distance transport by sea, an additional 10% shall be given to pregnant females in the last third of gestation, non-castrated bulls and bovines shipped to destinations south of the 30th parallel for the minimum floor area set out in Tables 1, 2 and 3.
Amendment 88
ANNEX I, CHAPTER VII, PARAGRAPH 1.7a (new)
1.7a.  The height of the compartments must permit all animals to stand upright naturally, with sufficient space above the highest part of the body to allow adequate ventilation. The internal height of the compartment must be at least 10 cm more than the height of the withers of the largest animal.
Amendment 89
ANNEX I, CHAPTER VII, TABLE 1, EQUIDAE

Average weight in kg

Area A1 per animal in m2

Average weight in kg

Area A1 per animal in m2

50 0,488

50 0,50

100 0,625

100 0,60

150 0,763

200 0,900

200 0,90

250 1,038

300 1,175

300 1,20

350 1,313

400 1,450

400 1,50

450 1,588

500 1,725

500 1,70

550 1,863

600 2,000

600 1,90

650 2,125

700 2,250

700 2,00

750 2,375

800 2,500

Amendment 110
ANNEX I, CHAPTER VII, TABLE 1, BOVINE ANIMALS

Average weight in kg

Area A1 per animal in m2

Area A2 per animal in m2

Average weight in kg

Area A1 per animal in m2

Area A2 per animal in m2

50

0.289

0.439

50

0.300

0.350

100

0.459

0.563

100

0.400

0.500

150

0.603

0.686

200

0.731

0.810

200

0.700

0.800

250

0.849

0.934

300

0.959

1.058

300

1.000

1.100

350

1.064

1.181

400

1.163

1.305

400

1.100

1.150

450

1.259

1.429

500

1.351

1.553

500

1.300

1.400

550

1.440

1.676

600

1.526

1.800

600

1.500

1.600

650

1.610

1.913

700

1.692

2.025

700

1.700

1.800

750

1.772

2.138

800

1.851

2.250

Amendment 90
ANNEX I, CHAPTER VII, TABLE 2, SHEEP AND GOATS
Average weight in kg Area A1 or
Average weight in kg Area A1 or
A2 per animal in m2
A2 per animal in m2
20 0.240
20 0.25
30 0.265
40 0.290
50 0.315
50 0.30
60 0.340
70 0.390
70 0.40
80 0.440
80 0.50
Amendment 91
ANNEX I, CHAPTER VII, TABLE 3, PIGS, H1 (cm) FORCED VENTILATION
Average weight in kg H1 (cm)
Average weight in kg H1 (cm)
forced ventilation
forced ventilation
20 66
20 60
30 70
30 60
40 74
50 77
50 70
70 84
70 80
90 90
100 92
100 90
110 95
130 99
150 103
150 100
170 106
190 109
200 110
210 111
230 112
Amendment 92
ANNEX I, CHAPTER VII, TABLE 3, PIGS, H2 (cm) PASSIVE VENTILATION
Average weight in kg H1 (cm)
Average weight in kg H1 (cm)
passive ventilation
passive ventilation
20 81
20 70
30 85
30 70
40 89
50 92
50 80
70 99
70 90
90 105
100 107
100 100
110 110
130 114
150 118
150 120
170 121
190 124
200 130
210 126
230 127
Amendment 93
ANNEX 1, CHAPTER VII, TABLE 3, AREA A1 WT IN KG M2 /ANIMAL

Average weight in kg

Area A1 Wt in kg m2 /animal

Average weight in kg

Area A1 Wt in kg m2 /animal

< 4 hours > 4 hours

20 0.143

20 0.119 0.15

30 0.187

30 0.156 0.20

40 0.227

40 0.189

50 0.264

50 0.220 0.30

70 0.331

70 0.276 0.35

90 0.391

90 0.326

100 0.420

100 0.350 0.45

110 0.448

110 0.373

130 0.501

130 0.417

150 0.551

150 0.460 0.55

170 0.599

170 0.499

190 0.646

190 0.538

200 0.70

210 0.691

210 0.575

230 0.734

230 0.612

Amendment 94
ANNEX II, POINT 3, POINT (d)
(d) ensure that the journey log accompanies the animals during the journey until the point of destination or, in case of export to a third country at least until the exit point .
(d) ensure that the journey log accompanies the animals during the journey until the point of destination.
Amendment 95
ANNEX II, POINT 7a (new)
7a. Satellite navigation data records shall be provided to the competent authority upon its request and in the format required by that authority.
Amendment 96
ANNEX III, CHAPTER IVa (new)
Chapter IVa
Journey plan for livestock vessels
1.  Ship's details
Name of Ship:
Ship's flag:
IMO number:
Classification society:
ISM issuing authority:
ISM operator:
Full contact details of shipowner / manager
Captain's name:
Full contact details of authorised transporter:
Authorisation number:
Date and place of issue:
Full contact details of issuing authority:
2.  Ship's livestock particulars
Total area available for livestock, excluding ramps / alleyways / storage (in m2)
Fresh water capacity, excluding ballast water (in tons):
Possible daily fresh water production at sea (in tons):
3.  Voyage particulars
Loadport:
Intended date and time of sailing from loadport:
Discharge port:
Intended date and time of arrival at discharge port:
Duration of voyage (in hours / days):
Distance between load port and discharge ports (in sea miles):
Cargo details (types of animals, number, weight):
Number of pregnant animals:
Number of non-castrated bulls:
Total area required for the animals (in m 2 )
Total tons of fodder required for the sea voyage + safety margin:
Total tons of water required for the sea voyage + safety margin:
Total tons of fodder available on board upon sailing:
Total tons of water available on board upon sailing:
4.  Signatures
Signature ship master:
Signature for approval of competent authority:
Amendment 97
ANNEX IV, PARAGRAPH 1
1.  Road drivers as referred to in Article 6(4) and Article 16 (1) shall have successfully completed the training as provided for in paragraph 2 and have passed an examination approved by the competent authority, which shall ensure that examiners are independent.
1.  Road drivers as referred to in Article 6(4) and Article 16(1) shall have successfully completed the training provided for in paragraph 2 and have passed an examination approved by the competent authority, which shall ensure that the examiners are independent. Previous training and experience may be assessed and taken into account by the examiner.

(1) Not yet published in OJ.

Last updated: 18 October 2004Legal notice