Council Regulation (EC) No 1/2005 of 22 December 2004 on the protection of animals during transport and related operations and amending Directives 64/432/EEC and 93/119/EC and Regulation (EC) No 1255/97

COUNCIL REGULATION (EC) No 1/2005

of 22 December 2004

on the protection of animals during transport and related operations and amending Directives 64/432/EEC and 93/119/EC and Regulation (EC) No 1255/97

CHAPTER I

SCOPE, DEFINITIONS AND GENERAL CONDITIONS FOR THE TRANSPORT OF ANIMALS

Article 1

Scope

(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.

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 a border control post as defined in Article 3(38) of Regulation  (EU) 2017/625 of the European Parliament and of the Council (¹);

(e)‘Community veterinary legislation’ means legislation listed in Chapter I of Annex A to Directive 90/425/EEC (²) and any subsequent implementing rules;

(f)‘competent authority’ means competent authorities as defined in Article 3(3) of Regulation  (EU) 2017/625;

(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 an exit point as defined in Article 3(39) of Regulation  (EU) 2017/625;

(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 an official veterinarian as defined in Article 3(32) of Regulation  (EU) 2017/625;

(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 (³);

(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

(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.

Article 5

Planning obligations for the transport of animals

(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.

Article 6

Transporters

(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.

Article 7

Prior inspection and approval of means of transport

Article 8

Keepers

Article 9

Assembly centres

(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

(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.

Article 11

Requirements for long journeys transporter authorisations