Kiri

EN EN

EUROPEAN COMMISSION

Brussels, 7.12.2023

COM(2023) 770 final

2023/0448 (COD)

Proposal for a

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

on the protection of animals during transport and related operations, amending Council

Regulation (EC) No 1255/97 and repealing Council Regulation (EC) No 1/2005

(Text with EEA relevance)

{SEC(2023) 397 final} - {SWD(2023) 399 final} - {SWD(2023) 401 final} -

{SWD(2023) 402 final}

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EXPLANATORY MEMORANDUM

1. CONTEXT OF THE PROPOSAL

• Reasons for and objectives of the proposal

Reasons

In the context of the Farm to Fork Strategy1, the Commission announced its intention to

revise the EU legislation on animal welfare, including on the welfare of animals during

transport. This revision is part of the Commission work programme for 20232. The EU

animal welfare legislation has been developed since 1974, with the objectives of improving

animal welfare and ensuring the smooth functioning of the internal market. The current

legislation on the protection of animals during transport was adopted in 2004 (Regulation

(EC) No 1/20053, ‘the Transport Regulation’).

The Commission carried out a Fitness Check of the EU animal welfare legislation4, which

was finalised in 2022. This showed that the opportunities provided by significant

developments in science and technology, shifts in societal preferences and increasing

sustainability challenges, are not reflected in the current regulation. In addition, current rules

are difficult to implement and enforce, which leads to a fragmented and sub-optimal level of

animal welfare during transport and an uneven playing field in the EU internal market. The

Commission’s evaluation of the EU Strategy on animal welfare (2012-2015)5 also found that

some compliance risks related to animal transport remain.

Several Council Conclusions have consistently highlighted the need for higher animal

welfare standards when animals are moved in the context of an economic activity6. In

particular, the Conclusions on animal welfare7 of 16 December 2019 emphasise that animal

welfare should be ensured during international long-distance transport of live animals

including to third countries.

In its Resolution on the Farm to Fork Strategy8, the European Parliament underlined ‘the

importance of taking into account the latest advances in animal welfare science and

responding to public, political and market demands for higher animal welfare standards’.

Furthermore, in 2022, further to the report by the EP enquiry committee on animal transport

1 Communication from the Commission “A Farm to Fork Strategy for a fair, healthy and

environmentally-friendly food system”, COM(2020)381 final. 2 European Commission, Communication from the Commission to the European Parliament, the

Council, the European Economic and Social Committee and the Committee of the Regions,

Commission work programme 2023, A Union standing firm and united, COM(2022) 548 final 3 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 OJ L3 5.1.2005, p. 1–44 4 European Commission, Commission Staff Working Document, Fitness Check of the EU Animal Welfare

Legislation, SWD(2022)328 final 5 SWD(2021) 77 final 6 Council of the EU, Council Conclusions on an EU-wide animal welfare label, 15 December 2020 (Ref

14047/20); Council of the EU, Council conclusions on animal welfare during maritime long distances

transport to third countries, 28 June 2021 (Ref 10235/21). 7 Council conclusions on animal welfare - an integral part of sustainable animal production – Council

Conclusions (16 December 2019) 8 European Parliament resolution of 20 October 2021 on a farm to fork strategy for a fair, healthy and

environmentally-friendly food system (2020/2260(INI)

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(ANIT committee), the European Parliament adopted its recommendation on the protection of

animals during transport with recommendations for the revision of the Transport Regulation9

In its Special report from 201810, the European Court of Auditors (ECA) found that

weaknesses persist during transport. In January 2023, ECA published a Review on the EU

legislation on the welfare of animals during transport11 where similar concerns were raised.

Objectives

This revision seeks to contribute to sustainable agricultural and food production by ensuring a

higher level of animal welfare, and avoiding distortions on the internal market, thereby

contributing to a shift towards an economically, environmentally, and socially sustainable

food system, as set out in the Farm to Fork strategy. For this reason, this proposal introduces

measures which favour slaughter of animals locally, thus replacing transport of live animals

with transport of carcasses and meat. In doing so, these measures will help strengthening the

principle of short supply chains while protecting animals by preventing long transports to

slaughter.

Transports for purposes other than slaughter should be limited as well with an intention to

eventually have them replaced as much as possible with transports of embryos, semen and

similar which are much more efficient in terms of the numbers of animals transported, as well

as environmentally friendly and creating less expenses.

The general objectives of the proposal are to:

– contribute to sustainable agricultural and food production;

– ensure a higher level of animal welfare;

– bring animal welfare requirements closer to the latest scientific evidence;

– address societal demands;

– make rules easier to enforce (including through digitalisation);

– ensure a smooth functioning of the internal market, both for farmed animals and for

animals transported for other economic purposes.

More specifically, this revision’s specific objectives are, among others, to:

– reduce animal welfare problems linked to long journeys and repetitive unloading and

re-loading linked to several rest periods;

– ensure that animals have more space when transported;

– improve the conditions of transport of vulnerable animals;

– avoid exposing animals to extreme temperatures;

9 European Parliament recommendation of 20 January 2022 to the Council and the Commission

following the investigation of alleged contraventions and maladministration in the application of Union

law in relation to the protection of animals during transport within and outside the Union

(2021/2736(RSP)) 10 Animal welfare in the EU: closing the gap between ambitious goals and practical implementation,

European, Court of Auditors, 2018. 11 Transport of live animals in the EU: challenges and opportunities, European Court of Auditors, 2023

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– facilitate enforcement of EU rules on the protection of animals, including trough

digitalisation;

– better protect animals exported to non-EU countries;

– better protect cats and dogs transported in connection with an economic activity.

This legislative proposal is adopted at the same time as a legislative proposal on the welfare

of dogs and cats and their traceability. The two proposals are coherent with each other.

• Consistency with existing policy provisions in the policy area

The proposal is consistent with EU rules on official controls in agri-food chain12. The

proposal is also coherent with the Commission proposal to establish rules for the welfare of

dogs and cats bred and kept in establishments and improve the traceability of dogs and cats

place on the market and supplied in the Union.

• Consistency with other Union policies

The proposal is consistent with the objectives of the European Green Deal and the Farm to

Fork Strategy.

The proposal is intended to work in synergy with other EU initiatives and policies affecting

both live animals and transport, in particular the EU animal health policy13, EU’s rules on

driving times, breaks and rest periods for truck drivers14, and rules on the protection of

animals used for scientific purposes15.

The EU’s trade policy also plays a role in promoting higher welfare standards. The proposal

includes new and clearer provisions on animal welfare rules applicable for the transport of

live animals from a third country into the Union, as well as provisions on animal welfare

rules applicable for the transport of live animals from the Union to a third country of

destination. In both cases (imports and exports), operators are to ensure that EU animal

welfare rules are complied with from the point of departure to the point of destination. A

transition period of 5 years is provided in both cases allowing operators to adapt.

Finally, data protection rules (in particular, the General Data Protection Regulation) apply to

the provisions on real-time tracking of vehicles.

2. LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY

• Legal basis

The legal basis of the proposal is Article 43 of the Treaty on the Functioning of the European

Union (TFEU) since it is necessary to eliminate barriers to the transport of live animals

affects the internal market of products of animal origin in order to ensure the smooth

12 Regulation (EU) 2017/625 of the European Parliament and of the Council of 15 March 2017 on official

controls and other official activities performed to ensure the application of food and feed law, rules on

animal health and welfare, plant health and plant protection products (Official Controls Regulation), OJ

L 95, 7.4.2017, p. 1–142. 13 Regulation (EU) 2016/429 of the European Parliament and of the Council of 9 March 2016 on

transmissible animal diseases and amending and repealing certain acts in the area of animal health, OJ

L 84, 31.3.2016, p. 1. 14 Regulation (EC) No 561/2006 of the European Parliament and of the Council of 15 March 2006 on the

harmonisation of certain social legislation relating to road transport, OJ L 102, 11.4.2006, p. 1. 15 Directive 2010/63/EU of the European Parliament and of the Council of 22 September 2010 on the

protection of animals used for scientific purposes, OJ L 276 20.10.2010, p. 33.

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functioning of market organisations in animals and products of animal origin, while ensuring

a high level of protection of animal welfare.

The proposal is also based on Article 114 TFEU since since the proposal also aims at

ensuring the smooth functioning of the internal market, not only for animals covered under

the CAP but also for other animals, such as cats and dogs, fur animals, certain types of wild

animals, and animals used for scientific purposes, thus going beyond agriculture and food

production.

• Subsidiarity (for non-exclusive competence)

Animals are often transported across borders and 1.4 billion terrestrial animals are

transported each year between EU Member States. The identified animal welfare problems,

including their underlying drivers, occur across the EU, albeit to different degrees in different

Member States. Finally, the identified animal welfare problems have transboundary

consequences including threats to public health, such as antimicrobial resistance. Indeed, as

established by EFSA16, transport of animals increases the risk of transmitting bacteria

resistant to antimicrobials between animals (due to several risk factors, such as contact

between animals, the duration of transport, airborne transmission in the vehicle, adverse

environmental conditions such as temperature). This increased of spread of AMR among

animals has indirect consequences for AMR affecting human.

Action taken at national level is not expected to lead to considerably improved animal

welfare and would only partially be able to meet citizens’ concerns. Although the area is

already regulated by Regulation 1/2005, thus limiting Member States’ margin to adopt

national rules, there remain important divergences in national rules on key aspects (e.g.

conditions for transport of vulnerable animals within a Member State, requirements for the

export of animals, requirements for the transport of animals by sea), which negatively affect

the smooth functioning of the internal market and the level playing field between operators.

Continued action at national level would lead to further fragmentation of requirements and

increased differences in the levels of animal welfare between Member States. Member States

also apply certain provisions and enforce rules differently, thereby also creating obstacles to

the smooth functioning of the internal market. Furthermore, national rules cannot apply to

cross-border transports from other Member States and therefore, thereby rendering cross-

border movements a driver for lower animal welfare standards.

Animal welfare requirements linked to transport at EU level require a harmonised approach

and thus can effectively be regulated at EU level. With a homogenous set of rules, this

proposal will lead to uniform and clearer requirements for the transport of animals and a

better use of available technologies. The revision will thus ensure a level-playing field for

operators within the internal market, facilitate intra-EU trade of animals and provide a more

efficient regulatory oversight.

Considering these elements, EU action is justified: it would achieve a consistent approach

more effectively and efficiently than Member States acting individually and independently.

16 EFSA Panel on Biological Hazards (BIOHAZ), Koutsoumanis, K. et al., ‘Transmission of

antimicrobial resistance (AMR) during animal transport’, EFSA Journal, Vol. 20, Issue 10 (e07586),

Wiley, 2022, pp. 1-93. 10.2903/j.efsa.2022.7586

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• Proportionality

The measures proposed strive to balance a high level of animal welfare with the impact on

operators concerned. Further conditions on exporting animals to third countries ensure

compliance with the provisions of this Regulation until the point of destination in the third

country, thus codifying the case law of the European Court of Justice in this regard. Given

that the alternative of banning exports of live animals to countries outside the EU would have

detrimental effects on the sector, the stricter conditions for export aim to improve their

welfare while maintaining the operations economically feasible. Similarly, measures on

maximum journey times are designed to keep most transport activities unaffected.

Proportionate mitigation measures to be applied when transporting animals during high or

low temperatures will allow transport without hindering the welfare of the animals

transported.

This proposal provides for transition periods to allow actors to adapt gradually. For the new

rules on maximum journey times, including maximum journey times for unweaned calves,

space allowances, exports, imports, minimum age and weight of unweaned calves, and real

time tracking, the transition period is set at 5 years. For the new rules on the transport of cats

and dogs, the transition period is 3 years.

• Choice of the instrument

Given that the current provisions are laid down in a Regulation, the appropriate instrument to

address this amendment is a Regulation.

3. RESULTS OF EX-POST EVALUATIONS, STAKEHOLDER

CONSULTATIONS AND IMPACT ASSESSMENTS

• Ex-post evaluations/fitness checks of existing legislation

The EU animal welfare legislation has been subject to a Fitness Check, including on the

transport of live animals.

The Fitness Check established that there is a suboptimal level of animal welfare in the EU,

and certain distortions to the internal market for farmers and other food business operators.

There are still challenges associated with long journeys, transport in extreme temperatures

and the transport of vulnerable animals, such as unweaned calves and pregnant animals. In

addition, there are practical difficulties to reconcile the species-specific journey times for

animals in the Transport Regulation and the driving times under Regulation (EC) No

561/2006 on certain social rules relating to road transports17. Furthermore, scientific and

technological developments and future sustainability challenges are not properly addressed

by current rules.

In May 2022, the Regulatory Scrutiny Board gave a positive opinion on the Fitness Check,

with certain recommendations.

• Stakeholder consultations

Overview of the consultation activities

17 Regulation (EC) No 561/2006 of the European Parliament and of the Council of 15 March 2006 on the

harmonisation of certain social legislation relating to road transport, OJ L 102, 11.4.2006, p. 1

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The Commission published in July 2021 an Inception Impact Assessment18 presenting the

policy options to be addressed in the impact assessment. After analysing the 983

contributions received, four campaigns were identified and 525 individual contributions were

considered relevant to the protection of animals during transport.

A Public Consultation19 from October 2021 to January 2022 received almost 60 000

responses on the fitness of the current rules and on how they could be improved.

In addition, the Commission organised a one-day stakeholder conference20 regarding animal

welfare on 9 December 2021 with almost 500 participants.

The Inception Impact Assessment, the public consultation and the stakeholder conference

covered different aspects of the ongoing revision of the EU animal welfare legislation,

including as regards animal welfare rules during transport.

In the external study supporting the impact assessment, targeted consultation activities have

been carried out, including 9 exploratory interviews, a targeted survey with 68 responses

analysed, 43 interviews for case studies and further contributions through 2 focus groups and

1 workshop.

Finally, and in the framework of the EU Animal Welfare Platform, a sub-group on the

transport of animals was created, comprised of experts from Member States, business

organisations, civil society organisations and one independent expert. The Commission

organised 10 meetings to discuss the main policy options under consideration for the

proposal, the minutes of which are published on the Commission’s website.

Third countries with experience transporting livestock contributed to these consultations.

Main outcomes of the consultation activities

Citizens

Citizens support limiting journey times and banning exports to third countries, especially if

animals are intended for slaughter. With regards to vulnerable animals, particularly the

unweaned ones, citizens prefer to ban their transport.

Citizens also support specific species requirements.

Animal welfare NGOs

Similarly, animal welfare organisations would like a limit in journey times and a ban of

exports to third countries. Some organisations would like a ban on transport altogether. In

their views, vulnerable animals should not be transported.

18

Available on the European Commission Have Your Say platform : https://ec.europa.eu/info/law/better-

regulation/have-your-say/initiatives/12950-Animal-welfare-revision-of-EU-legislation_en

19 Available on the European Commission Have Your Say platform : https://ec.europa.eu/info/law/better-

regulation/have-your-say/initiatives/12950-Animal-welfare-revision-of-EU-legislation/public-

consultation_en 20 EU Animal welfare today & tomorrow, an opportunity for stakeholders to validate the preliminary

findings of the Fitness Check of the current EU animal welfare legislation.

https://commission.europa.eu/events/eu-animal-welfare-today-tomorrow-2021-12-09_en

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For other animal categories, they support specific species requirements and an upgrade in the

use of technological means to achieve a better enforcement. Animal welfare organisations

also want a harmonisation of penalties.

Business operators

Business operators (in particular producers) show the lowest support to limiting journey

times. Most of business operators are in favour of species-specific requirements rather than a

ban on the transport of certain categories of animals.

Operators stress the need for better enforcement rather than new rules and support the use of

new technologies for this purpose.

National authorities

Generally, national authorities are not in favour of a total ban of live animal exports, but there

is widespread support for the introduction of stricter measures regarding unweaned and other

vulnerable animals, as well as for the introduction of maximum journey times.

Regarding new technologies, introducing a digital application at EU level to reduce

administrative costs and facilitate data exchange between Member States was generally

supported by national authorities.

Consideration of results by the Commission

The results from the consultation activities have been used to inform the challenges faced

with the current implementation of the Regulation, but also to inform the policy options and

to assess their impacts, for instance when it comes to the impact on operators or the extent to

which citizens’ concerns would be addressed.

The evidence gathered from stakeholders also contributed to define the transition periods and

to ensure the proportionality of the measures.

• Collection and use of expertise

Methodology used

The Commission sought the expertise of the EFSA, which issued in 2022 five scientific

opinions (see recital 4 of the proposal) on the protection of animals during transport on

equids, bovines, small ruminants, pigs, domestic birds and rabbits.

The proposal also considered international standards on the protection of animals during

transport by sea, by road and by air adopted by World Organisation for Animal Health 21.

All the relevant audits reports performed by the Commission services were used as well as

relevant statistical sources or databases (Eurostat, Trade Control and Expert System

(TRACES), etc.).

An external study22 supporting the impact assessment accompanying the revision of the EU

legislation on the welfare of animals during transport was carried out. This study gathered

information and data on impacts and costs for stakeholders of the initially proposed measures

and options.

21 World Animal Health Organisation, Animal welfare standards during transport 22 European Commission, Directorate-General for Health and Food Safety, Study supporting the Impact

Assessment accompanying the revision of the EU legislation on the welfare of animals during

transport, Publications Office of the European Union, 2023, section 5.2.1., doi: 10.2875/110728.

(Transport study).

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In addition, a study23 on the assessment of the cumulative impacts of the two proposed

packages of measures and options was carried out. This study presents the results of a supply

chain analysis (performed by an external expert), and a modelling (performed by the

Commission’s Joint Research Centre) of the impacts of changes in production costs, as

identified in this supply chain analysis, on production levels, consumer prices, exports and

imports. The study contains an assessment of the impacts of the two packages on food

security and food affordability (performed by the Commission’s Joint Research Centre).

In addition, the studies from two pilot projects, commissioned by Commission on request of

the European Parliament, on the transport of unweaned dairy calves24 and of end-of-career

dairy cows 25, were considered. Also, the Court of Auditors’ review26 on the transport of live

animals in the EU was considered.

Finally, the Commission consulted in 2022 and 2023 the subgroup on transport under the EU

Animal Welfare Platform. The Commission also held a number of consultative meetings with

various stakeholders affected by the revision.

Summary of advice received and used

EFSA recommendations were taken into account in the proposal, particularly concerning:

– limiting journey times,

– increasing space allowances,

– establishing upper critical temperatures during transport.

The recommendations were modulated in the proposal to ensure the technical and economic

feasibility of the changes proposed.

Audit reports and consultations with National Contact Points for the transport of animals

provided for information and best practices.

Means used to make the expert advice publicly available

EFSA opinions, international recommendations, audit reports and minutes of discussions with

National Contact Points, and with the Animal Welfare Platform subgroup on transport, are all

publicly available on the Internet. The two external studies supporting the impact assessment

have also been published by the European Commission.

• Impact assessment

The impact assessment addresses six measures: journey times and space allowance, exports

to third countries, transport of vulnerable animals, transport in hot temperatures, new

technologies for monitoring and controls, and transport of cats and dogs.

23 European Commission, Directorate-General for Health and Food Safety, Modelling of policy options to

support the Impact Assessment accompanying the revision of the EU legislation on the welfare of

animals during transport, 2023, doi: 10.2875/061480 24 European Commission, Directorate-General for Health and Food Safety, Study on shifting from

transport of unweaned male dairy calves over long distance to local rearing and fattening: final report,

Publications Office of the European Union, 2022 25 European Commission, Directorate-General for Health and Food Safety, Study on economic models to

prevent the transport of unfit end-of-career dairy cows: final report, Publications Office of the

European Union, 2022 26 European Court of Auditors, Review 03/2023 “Transport of live animals in the EU: challenges and

opportunities”. https://www.eca.europa.eu/Lists/ECADocuments/RV-2023-03/RV-2023-03_EN.pdf

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The measures satisfy the principle of no significant harm as the implementation of all the

measures chosen (limiting journey durations but increasing space allowance for animals

within trucks) would overall represent a negligible impact on greenhouse gas emissions

(GHG).

In addition, the proposal meets the principle of digital by default as it intends to digitalise

certificates and authorisations that under the current Regulation are handled on paper.

Maximum journey times and space allowances during transport

The options assessed in the impact assessment are:

1. maximum journey times of 12 hours for all animals, and revision of rules on space

allowance in line with EFSA, or

2. maximum journey times of 9h for animals for slaughter, and 21h (with a minimum

1h rest after 10h) + 24h rest with unloading + 21h (with a minimum 1h rest after

10h) for other animals, and revision of rules on space allowance in line with EFSA.

The impact assessment concludes that the second option is preferred. This option is well

articulated with EU rules on social rights of drivers27. This proposal reflects this preferred

option, providing for a 5 years’ transition period for these measures.

The limitation of journey times will have a high positive impact on animal welfare, both

animals transported for slaughter and other reasons. This not only due to the limitation of the

journey duration, but also because of the limitation of the frequency of unloading and

reloading, which is associated with stress and welfare problems (while today there is no

limitations in the number of unloading for a rest of 24h, the new rules will not allow it in the

case of animals for slaughter and will allow only one such rest with unloading for animals

transported for other purposes). 2.6 million of mammals are transported annually for a

duration of over 9 hours for slaughter, and 1 million are transported annually for over 42

hours for other types of journeys between Member States.

As regards animals transported for slaughter, the option is not expected to have major

economic impacts since relatively few of journeys above 9 hours are performed in the EU

(between 0.3% and 3.4% of animals transported for slaughter across Member States,

depending on the species).

Within the EU, the journey times proposed for animals transported for fattening and

production would impact 1,4% of bovines and 0.2% of pigs. The journey times proposed for

animals transported for breeding would impact between 9% and 16% of cows, goats, pigs and

sheep moved between Member States. This is therefore also expected to have limited

economic impacts on operators.

Combined with increased space allowances, in trucks, aligned with EFSA opinion, this is

expected to bring significant animal welfare benefits, as well as additional costs for

27 The measure of maximum 9h journey times for animals for slaughter is in line with EU rules on social

rights of drivers, which foresee maximum 9h when there is only one driver. The measure for animals

transported for other purposes also allows alignment with the EU legislation on social rights of drivers,

in the case where there are two drivers. Indeed, for two drivers, the EU legislation on social rights of

drivers provides for a maximum 19h of drive. Since journey times in this proposal includes loading and

unloading the animals (and estimating 1h of time for loading the animals and 1h for unloading), this

corresponds to the maximum journey time of 21h.

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transporters due to the necessity to buy additional trucks, as the new rules are expected to

result in an increase in the number of transport hours and costs.

On EU level, the yearly net aggregated costs vary depending on the animal species and

categories transported, going from EUR 35 million for the transport of laying hens to EUR 1

069 million for the transport of beef cattle. The majority of these costs comes from increased

space allowance, and fall on transporters. This aggregate data is linked to the large quantities

of food of animal origin produced in the EU (and thus, large number of animals transported).

In average it corresponds to an increase of production costs of 1,4 Eurocents per kilo of meat,

milk, or eggs produced. The impact on consumer prices, as described below under “overall

assessment”, corresponds to an improvement on animal welfare conditions during transport

which largely responds to the request of Union citizens, as illustrated by the results of the

2023 Eurobarometer where 83% asked to improve such conditions.

In terms of social impacts, an increase in the number of transports needed would increase the

need for drivers. In terms of environmental impacts, while the reduction of journey times

reduces emissions, the increases in space allowance leads to an increase in emissions. The

impact assessment shows that the combined effect of these measures is a marginal increase in

emissions.

Export of live animals

The options assessed in the impact assessment are:

1. a ban on exports of ruminants; or

2. new reinforced rules on import, including rules to ensure that measures on journey

times and space allowance are applied until the place of destination, an animal

welfare officer on board of vessels, and requiring that vessels are flying a white or

grey flag under maritime safety rules.

The impact assessment concludes that the second option is preferred. This proposal reflects

this preferred option, and provides for a 5 years’ transition period for these measures.

Exporting under stricter conditions (including rules on maximum journey times for road

transports and stricter maritime safety requirements for livestock vessels) would mean

significant improvements to animal welfare.

For road transport, while the number of kilometers travelled may be reduced, operators will

need to upgrade the trucks to increase space allowance.

Regarding maritime transport, the average cost of training of an animal welfare officer per

person per year is estimated to EUR 241. An increase of the enforcement costs associated

with the option of upgrading standards for livestock vessels could be expected.

The emissions by trucks and livestock vessels are not expected to vary significantly, as the

number of animals transported is not expected to vary significantly.

Transport of unweaned calves

The option examined in the impact assessment consists of two measures for unweaned

calves:

1. maximum journey times of 19h for unweaned calves (9h + 1h rest + 9 h), provided

that an efficient feeding system exists (transition period of 5 years); and

2. a minimum age of 5 weeks and minimum weight 50kg for transporting unweaned

calves (transition period of 2 years).

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The impact assessment confirms these two measures in the preferred option. This legislative

proposal deviates from this conclusion concerning the duration of the transition period for the

minimum age and weight of unweaned calves to be transported, and provides for a transition

period of 5 years also in this case. This is to mitigate impacts on dairy farmers who will need

to adapt in order to keep the calves longer on farm.

Maximum journey times and minimum age and weight of transported animals would improve

the welfare of unweaned calves, considered vulnerable animals especially exposed to welfare

and health risks during transport.

Technological developments in establishing an effective system for feeding the calves on the

trucks are well advanced, but are not yet in general use, would allow for the transport of

calves up to 19 hours (9h drive, 1h rest and feeding, 9h drive). This would mitigate the

negative economic impacts of a maximum journey times of 8h in case no effective feeding

system is in place, although the three Baltic states would still be impacted, as they are

currently the point of departure of long journeys for unweaned calves exceeding 19 hours. A

transition period of 5 years is proposed, as Member States impacted by this measure need

time to restructure their sector. While the feeding interval would be 9h in all cases, where

calves are transported by Ro-Ro vessels (e.g. from Ireland to the continent), the part of the

journey spent on the Ro-Ro vessel is not counted in the above-mentioned maximum journey

time.

The cost for installing a feeding system in an existing truck is estimated to be between EUR

25 000 – EUR 30 000, while a new truck equipped with such a feeding system is estimated to

cost around EUR 500 000. Due to the higher age of the calves, the current three-decked

trucks will need to be transformed in two-decked trucks, which will incur limited costs for

transporters.

The new requirements are estimated to increase the cost for dairy farmers of keeping the

animals longer on farms. However, the selling price of the calves would be higher since they

are stronger. An improved health status and reduced mortality of calves upon arrival due to

increased resilience is also beneficial for fattening farms. Therefore, overall the impact for is

expected to be positive for most farmers.

The option would have a positive environmental impact, since more limited maximum

journey times would reduce transport related GHG emissions.

Transport in hot temperatures

The option examined in the impact assessment consists in an approval of transport for long

journeys subject to weather forecasts. If the weather forecast is between 25°C and 30°C, only

short journeys (max 9 hours) would be allowed during daytime, with access to water for the

animals. If weather forecast is higher than 30°C, only animal transport at night (i.e. between

21h00 and 10h00) would be allowed. A transition period of 5 years is foreseen. The impact

assessment confirms this as the preferred option, which is also reflected in this proposal.

The option would improve the welfare of the animals as it would allow them to avoid heat

stress.

Many Member States today do not approve long journeys when temperatures above 30°C are

forecasted, further to recommendations from the Commission. Therefore, the economic

impacts of this measure could be expected to be mainly linked to the logistical challenge of

transporting animals by night when the daytime temperature is forecast above 30° C, but will

provide a uniform rules for such cases in the EU. Transporters will see an increase in their

costs due to higher wages for night-time driving but also higher administrative costs when

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inspections and checks have to be performed during the night. A limited impact is also

expected on farmers and slaughterhouses.

No environmental impact is expected. With regards to social impact, workers in the sectors,

specifically drivers, slaughterhouse personnel, official veterinarians, may need to perform an

increased number of nightshifts which may have an additional impact on labour needs.

New technologies

Two options have been assessed in the impact assessment. The first option is composed of

these 2 measures:

1. Real-time positioning of trucks; and

2. A central database and digital application.

The second option consisted of retrospective checks based on trachographs, combined with

the central database and digital application referred to above.

The impact assessment concludes that the first option is the preferred option, which is

reflected in this proposal. It provides that GPS data of trucks will be communicating with an

automated system (the EU central database), itself connected to TRACES so that competent

authority can access information about the timing when the truck reached certain points

(place of departure, control post, border crossings between Member States, place of

destination) so that the competent authorities can carry out official controls based on such

information. Since the reduction of maximum journey times is one of the main measures to

achieve the animal welfare policy objective, this is necessary to provide Member States’

competent authorities with tools to be able to perform official controls in an effective manner.

Real-time tracking systems will make it possible to better target and perform more efficiently

official controls with the help of the central EU database, resulting in improved animal

welfare.

Since more than 77% of the current transport trucks are already equipped with a tracking

system, the operators’ costs for meeting the new standards would be marginal.

The administrative burden for transporters is expected to decrease substantially with the use

of an automated tracking system and IT platform.

The main cost, although limited, would be associated for the Commission to develop modules

in the existing TRACES system (see Legislative financial statement). Member States

administrations would incur limited costs related to training of staff.

Although digitalisation, reducing the use of paper, is expected to reduce the GHG emissions

associated with paper, a small increase in GHG emissions associated with the higher energy

use is expected.

A slight positive social impact is expected. While less administrative staff may be needed

among the business operators, the number of staff needed in public administration for

processing the data collected might increase. For operators, the simplification thanks to

digitalization will mean improved working conditions.

Better protection of cats and dogs transported for commercial purposes

The options assessed in the impact assessment are:

EN 13 EN

1. updated and more specific requirements for the transport of cats and dogs for

economic purposes, including temperature conditions and a minimum age of 15

weeks for transport; or

2. updated and more specific requirements for cats and dogs but with a minimum age

of 12 weeks for transport.

The impact assessment concludes that the second option is the preferred one, and this is

reflected in this legislative proposal, with a 3-year transition period.

The measure would improve the welfare of cats and dogs transported in the context of an

economic activity, for which specific provisions are largely missing at present. For instance, a

minimum age for being transported will allow for a better development of immunity against

infectious diseases.

Regarding economic impacts, additional veterinary health checks of the cats and dogs may

cost between EUR 10 and EUR 40 per animal. The economic impact of the new requirements

for feeding and watering are expected to be limited, since relatively similar rules apply

already. Additional costs for transporters may also be expected, related to the improvement or

replacement of their current vehicles to meet the new standards may be expected. A

commercially available new dog trailer without air conditioning but properly designed is

estimated to cost between EUR 1 000 and EUR 3 000 for two to four dogs.

No significant environmental impacts are expected. Considering social impacts, including on

human health, the additional vaccination requirements and the higher age at transport

proposed in this measure may result in fewer sick animals after arrival, which would have a

positive impact also on human health.

Overall assessment

The impact assessment report also presents the expected cumulative impacts of two packages

of options, as well as their impact on international competitiveness, food security, food

affordability and distributional effects. This showed that, for measures concerning journey

times, space allowance, transport of unweaned calves, hot temperatures and new

technologies, the cumulative impact on production costs for the preferred package (package

2) represents at EU level on average an increase in production costs of 1,4 Eurocent per kilo

of meat, milk or eggs per year. This increase in cost is expected to take place during the 5-

year transition period. The modelling performed showed that the impacts of this limited

increase in production cost on production levels, levels of imports, of exports, as well as

consumer prices are limited. Consequently, the measures are expected to have very limited

impacts on the international competitiveness of EU’s livestock sector. Similarly, no

significant impact was identified concerning the availability dimension of food security (with

only a marginal reduction in poultry consumption). Concerning food affordability, the

modelling shows impacts on consumer prices between 0.06% and 4.37% depending on the

commodity. This represents an additional expenditure ranging from EUR 2.81 to EUR 14.09

per person per year, depending on diet and income.

The impact assessment shows that this proposal will contribute to the Sustainable

Development Goals (SDGs): it will contribute to SDG 3 “Good health and well-being” as

improving animal welfare during transport will contribute to combat AMR in both humans

and animals; it will also contribute to SDG 12 “Responsible consumption and production”

since producing food with higher animal welfare standards equates to a more responsible

production system.

Opinion of the Regulatory Scrutiny Board on the impact assessment:

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The impact assessment was submitted to the Regulatory Scrutiny Board for approval on 30

October 2023, and received a positive opinion with reservations on 17 November 2023. The

RSB opinion asked to present the analysis of costs and benefits more clearly, to complement

the analysis of impacts on competitiveness, distributional impacts in the supply chain, and to

clarify the comparison of options. The impact assessment was revised to address these RSB

recommendations. In particular, the supply chain analysis was updated to be made more

comprehensive and better reflect impacts on producers, and the relation between the supply

chain analysis and the analysis of impacts on competitiveness was clarified.

• Regulatory fitness and simplification

Providing more uniform requirements – such as common rules on the maximum journey

times – will bring a simplification for the operators, as well as for the competent authorities,

compared to the current rules that differ per species and categories of animals. Furthermore,

clearer definitions and less use of open norms will make the legislation more efficient and

easier to comply with, as business operators no longer need to make their own assessments to

decide on the thresholds to use for different provisions to apply.

A greater use of digital tools will simplify the communication between businesses and public

authorities. Real-time tracking of vehicles would allow to better plan, target and streamline

all official controls on animal transport.

No derogations are foreseen for SMEs as they represent the quasi total of business operators

impacted and therefore, their particularities are taken into account already for the selection of

the measures and definition of transition periods.

• Fundamental rights

Provisions on real-time positioning of vehicles were designed to ensure that the protection of

personal data is safeguarded, in compliance with the General Data Protection Regulation.

4. BUDGETARY IMPLICATIONS

This proposal has the following budgetary implications for the EU budget over the period

2022-2027 of the EU Multiannual Financial Framework (MFF). Details are provided in

financial statement attached to this proposal.

Human resources for the implementation of the proposal, the studies, audits, tertiary

legislation and international activities: 6,5 full-time equivalents (FTE) per year as from 2026.

Under heading 1 “Contributing to a high level of health and welfare for humans, animals and

plants” of the multiannual financial framework: EUR 2,4 million for the period 2024- 2027.

This covers:

One-off costs: Study on modalities for the use of new technologies and digitalization to

facilitate the implementation and enforcement of rules on animal welfare during transport:

EUR 250.000.

One-off costs: developing module in TRACES: EUR 1.400.000.

Recurring costs: Maintenance of TRACES: EUR 450.000 per year.

One-off cost: Development of digital app: EUR 300.000

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5. OTHER ELEMENTS

• Implementation plans and monitoring, evaluation and reporting arrangements

The Commission regularly audits Member States to monitor the extent to which they comply

with EU law28. The proposal contains an article on the network of liaison bodies in Member

States for animal welfare during transport. This network will play an important role to

promote a uniform implementation of the new Regulation across the Union.

The Commission designated EU reference centres for animal welfare providing technical

assistance for the implementation of the EU animal welfare legislation, including on

transport. The Commission also supports continuous training29 that covers the protection of

animals during transport within the Better Training for Safer Food programme. The

implementation of the new rules will also be discussed in the EU Animal Welfare Pltform.

All these activities will contribute to the implementation of this revision. In addition, the level

of implementation will be visible through new requirements to monitor and report on

indicators, primarily using real-time TRACES data in addition to reports from competent

authorities. Such a monitoring report on the state of animal welfare in the Union with regards

to transport shall be presented 5 years after the date of entry into force of the new Regulation,

and at least every 5 years hereafter.

In order to be able to gather robust evidence after the 5 years transition periods, an evaluation

report should be presented 10 years after the entry into force of the Regulation.

• Detailed explanation of the specific provisions of the proposal

Chapter I: Subject matter, scope, definitions, and general provisions

This chapter clarifies the scope of application of the proposal, provides for definitions, and

includes general requirements applicable to all transport operations.

Chapter II: Organiser and transporter authorisations

This chapter establishes the rules and conditions for authorisation of organisers to arrange the

transport of animals and for authorisation of transporters to transport animals.

Chapter III: Means of transport

This chapter provides for the conditions for the approval of road vehicles for transport of

animals, that already exist in the present legislation. Transport by air must be carried out by

carriers that are members of IATA.

Chapter IV: Obligations prior to departure

This chapter requires journey logs for both long and short journeys. Keepers are to be

responsible for the fitness for transport of the animals loaded.

Chapter V: Obligations during transport and at the place of destination

This chapter addresses obligations for transporters during the journey. Assembly centres are

also covered.

This chapter provides for the obligation for real-time tracking of road vehicles.

28 Audits can be consulted at: https://ec.europa.eu/food/audits-analysis/audit-report 29 https://food.ec.europa.eu/horizontal-topics/official-controls-and-enforcement/legislation-official

controls/better-training-safer-food_en

EN 16 EN

Transporters are also obliged to collect information on the basis of certain indicators, analyse

them and take corrective measures to improve welfare of transported animals.

Chapter VI: Conditions for transport of terrestrial animals

This chapter provides for maximum journey times both for animals for slaughter and animals

transported for other purposes. Specific maximum journey times are also set out for the

transport of unweaned animals.

Journeys under extreme temperatures are limited in time with additional conditions to be met.

Chapter VII: Transport to and from third countries

This chapter includes new rules for the transport of animals to third countries, such as

certification for organisers and attestations signed by third country competent authorities

prior to a journey by livestock vessel.

Control posts in third countries must comply with equivalent standards to those applicable in

the Union.

Chapter VIII: Obligations of competent authorities

This chapter contains provisions on the training and certificates of competence of operators

as well as the requirement to designate exit points. The chapter also includes rules on national

liaison bodies for transport of animals, as well as on analysis of data gathered on the basis of

the indicators referred to in Chapter V.

Chapter IX Sanctions

This chapter contains provisions on sanctions for infringements of the Regulation, including

in particular in the case of serious infringements.

Chapter X: Procedural provisions

Chapter XI: Other provisions

This chapter contains provisions on stricter national measures, the creation of a digital app to

facilitate implementation and enforcement of the Regulation, as well as a derogation with

respect to existing national provisions concerning outermost regions.

Chapter XII: Transitional and final provisions.

This chapter amends Council Regulation (EC) No 1255/97 on control posts, requiring them to

be adequately equipped for the relevant species and categories of animals and to have a

booking system available to organisers.

EN 17 EN

2023/0448 (COD)

Proposal for a

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

on the protection of animals during transport and related operations, amending Council

Regulation (EC) No 1255/97 and repealing Council Regulation (EC) No 1/2005

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular

Articles 43(2) and 114(1) thereof,

Having regard to the proposal from the European Commission,

After transmission of the draft legislative act to the national parliaments,

Having regard to the opinion of the European Economic and Social Committee30,

Having regard to the opinion of the Committee of the Regions31,

Acting in accordance with the ordinary legislative procedure,

Whereas:

(1) Council Regulation (EC) No 1/200532 established common minimum rules for the

protection of animals during transport. Since its adoption, science and technology

have evolved. There is a better understanding of space allowance requirements and of

the needs of animals during transport, in particular those of unweaned and aquatic

animals. There have been significant developments in the availability of digital

solutions for the administrative steps involved in the transport of animals. With

increasing citizens’ awareness and concerns about animal welfare and the trend

towards more sustainable production methods, many Member States are revising or

adopting national rules going beyond the Union minimum requirements. In addition,

the Fitness Check of the EU animal welfare legislation33, revealed, in relation to

Regulation (EC) No 1/2005, difficulties in interpreting, applying, and enforcing

certain provisions, thus contributing to an uneven playing field for the different actors.

It is therefore necessary to revise the rules on the protection of animals during

transport to align them with the latest science and technology, as well as to make them

easier to apply and enforce.

30 OJ C , , p. . 31 OJ C , , p. . 32 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 OJ L 3, 5.1.2005, p. 1–44. 33 Commission Staff Working Document ‘Fitness Check of the EU Animal Welfare legislation’,

SWD(2022) 328 final, 4.10.2022

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(2) Animal welfare is a Union value enshrined in Article 13 of the Treaty on the

Functioning of the European Union (‘TFEU’). In addition, the Union and several

Member States are signatories to the revised European Convention for the protection

of animals during international transport34.

(3) The transport of live animals is an important part of the agri-food chain. The

protection of animals during transport is a matter of public concern that affects

consumers’ attitudes towards agricultural products. This Regulation aims to simplify

procedures, reduce administrative burden and facilitate easier enforcement of

harmonised rules, while ensuring a high level of protection of animals during

transport. Ensuring the protection of animals during transport has a positive impact on

the health and welfare of the animals and contributes to better quality of animal

products.

(4) This Regulation aims at ensuring the smooth functioning of the internal market,

including for animals not used for food production, such as cats and dogs, fur animals,

certain types of wild animals, and animals used for scientific purposes.

(5) In 2022, the European Parliament adopted recommendations on the protection of

animals during transport based on the report of the Committee of Inquiry on the

Protection of Animals during Transport within and outside the Union (ANIT

Committee). The recommendations call on the Commission and the Council to

carefully review EU legislation on protection of animals during transport based on a

rigorous scientific investigation into the impact of transport on animals of all species

and ages and on an in-depth socio-economic, environmental and health impact

assessment taking into account the diversity of geographical situations and

specificities, and farming models across the Union. The report of the ANIT

Committee also pointed out shortfalls of existing implementation throughout the

Union and recommended measures such as restricting journey times, banning

transports in extreme temperatures, ensuring that transport of animals to third

countries take place respecting principles of protection of animals throughout the

journey until they reach their destinations in third countries. In addition, the European

Parliament pointed out the need to replace transport of live animals with a more

efficient ethical system which favours the transport of semen or embryos over

breeding stock, and carcasses and meat over animals being transported for slaughter.

(6) In September 2022, the European Food Safety Authority (‘EFSA’) published five

scientific opinions relating to various welfare consequences and hazards arising

during transport of small ruminants35 (sheep and goats), equidae36 (horses and

donkeys), bovines37 (cattle and calves), pigs38 and animals in containers39, including

34 European Convention for the Protection of Animals during International Transport, Council of Europe,

Chişinau, 6.XI.2003, European Treaty Series-No. 193. 35 EFSA AHAW Panel (EFSA Panel on Animal Health and Welfare) Scientific Opinion on the welfare of

small ruminants during transport. EFSA Journal 2022; 20(9):7404, 101 pp 36 EFSA AHAW Panel (EFSA Panel on Animal Health and Welfare) Scientific Opinion on the welfare of

equidae during transport. EFSA Journal 2022; 20(9):7444, 113 pp. 37 EFSA AHAW Panel (EFSA Panel on Animal Health and Welfare) Scientific Opinion on the welfare of

small ruminants during transport. EFSA Journal 2022; 20(9):7404, 101 pp. 38 EFSA AHAW Panel (EFSA Panel on Animal Health and Welfare) Scientific Opinion on the welfare of

pigs during transport. EFSA Journal 2022; 20(9):7445, 108 pp. 39 EFSA AHAW Panel (EFSA Panel on Animal Health and Welfare) Scientific Opinion on the welfare of

domestic birds and rabbits transported in containers. EFSA Journal 2022; 20(9):7441, 188 pp.

EN 19 EN

domestic birds (chickens, laying hens, turkeys etc.), and rabbits (‘EFSA opinions’).

The EFSA opinions broadly conclude that providing more space, lowering maximum

temperatures and keeping journey times to a minimum, are all required to improve the

protection of animals during transport. Therefore, Regulation (EC) No 1/2005 should

be replaced by a new Regulation that is in line with the latest developments in

scientific and technical knowledge in this field and with consumers’ demands, while

avoiding barriers to the functioning of the internal market and trade in live animals

and ensuring the enforceability of the new rules.

(7) To ensure a consistent and effective application of this Regulation across the Union in

the light of its basic principle, according to which animals must not be transported in a

way likely to cause injury or undue suffering to them, it is appropriate to set out

detailed provisions addressing the specific needs of the different species arising in

relation to the various types of transport. Such detailed provisions should be

interpreted and applied in accordance with the aforesaid principle and should be

updated in a timely manner, in particular in light of new scientific knowledge, taking

account of new EFSA opinions.

(8) Technology for navigation systems and electronic databases has advanced

considerably since the entry into force of Regulation (EC) No 1/2005. This makes it

possible to simplify procedures and strengthen controls and inspections on the

protection of animals during transport, thus leading to better enforcement of Union

rules. It is therefore important to make use of new technologies and expand the

possibilities provided by Trade Control and Expert System (TRACES-NT), the digital

certification and management platform for all sanitary and phytosanitary

requirements, which is embedded in the Integrated Management System for Official

Controls (IMSOC)40.

(9) This Regulation provides for rules so that the TRACES database can incorporate

digital authorisations, certificates of approval, certificates of competence, journey

logs, live tracking of road vehicles and temperature forecasts. TRACES should also

contain lists of control posts in third countries and EU exit points. It also allows for

more realistic journey planning, efficient traceability, better monitoring of operations

and animal welfare indicators, timely emergency measures and complete analysis of

data, with the overall objective of ensuring more effective application and better

enforcement of the Union rules on the protection of animals during transport, as well

as considerably reducing administrative burden.

(10) The obligation of Union operators to protect animals during transport does not end at

the external borders of the Union. Organisers of transport of animals from the Union

to a place of destination in a third country must ensure compliance with Union rules

on the protection of animals during transport also during the stages of the journey that

take place outside the Union, and until the animals arrive at the final place of

destination in the third country. This is coherent with the case law of the Court of

Justice of the EU in Case C-424/1341. This Regulation should therefore apply to the

transport of animals for which the place of departure is in the territory of the Union

40 Commission Implementing Regulation (EU) 2019/1715 of 30 September 2019 laying down rules for

the functioning of the information management system for official controls and its system components

(the IMSOC Regulation), C/2019/7005, OJ L 261, 14.10.2019, p. 37–96. 41 Judgment of 23 April 2015, Zuchtvieh-Export GmbH, C-424/13, ECLI:EU:C:2015:259, paragraph 56

EN 20 EN

and regardless of whether the place of destination is in the territory of the Union or in

a third country.

(11) Transport of live animals from third countries to the Union territory mainly concerns

certain species of animals and it is usually carried out through direct routes. When live

animals are imported into the Union, operators who transport such animals from a

third country to a place of destination within the Union should ensure that the animals

are protected at least in an equivalent manner to animals transported within the Union

territory, and this from the moment when the animals are loaded onto the means of

transport in the third country until the place of destination in the Union. This is

necessary in light of Union citizens’ concerns related to the welfare of animals during

transport, which extends to all animals transported to, from or within the Union. This

Regulation should therefore apply to the transport of animals for which the place of

departure is in the territory of a third country and the place of destination is in the

territory of the Union. In order to ensure proper application of the requirements for

such transport at the place of departure, it is necessary for the competent authority of

the third country to check the planning of the journey concerned, and to certify in the

official health certificate for imports of the animals into the Union and via its approval

of the journey log, that the planning of the journey has been done in accordance with

this Regulation, or with equivalent requirements. The transporter of the animals

should be responsible for ensuring that this planning is respected until the point of

destination and should comply with the obligation to complete the journey log.

(12) For transit of animals from a third country to another or to the same third country via

the Union territory, Union rules should apply during the part of the journey taking

place on the Union territory. Although neither the place of origin nor the place of

destination of that transport is in the Union, for the benefit of the animals and given

citizens’ concerns, this Regulation should apply to the part of the journey that takes

place within the territory of the Union. Transporters should ensure that the animals are

transported in conditions that comply with this Regulation, notably with respect to

space allowances, feeding and watering, since these are essential for the welfare of

animals transported on the Union territory. However, compliance with rules on

journey times should not be required in such cases, as this could lead to even longer

journeys for the animals concerned by requiring third country operators to circumvent

the Union territory via longer routes, which would potentially have a worse impact on

animal welfare.

(13) The World Organisation for Animal Health (WOAH) Terrestrial Animal Health

Code42 contains guidelines setting minimum standards at global level as regards

animal behaviour, the responsibilities and competence levels of the different actors

involved in the transport of animals, the documentation to be provided, journey

planning, loading, and actions in the event of a refusal of the animals, among others.

This Regulation takes into account those guidelines.

(14) Experience enforcing Regulation (EC) No 1/2005, as well as case law of the Court of

Justice of the EU such as in Case C-301/1443 show that economic activity in relation

42 WOAH Terrestrial Animal Health Code, 2023, Terrestrial Code Online Access - WOAH - World

Organisation for Animal Health. 43 Judgement of 3 December 2015,

EN 21 EN

to transport of animals should be construed in a broad sense. Transport of animals in

connection with an economic activity should not be considered as limited to cases

involving an immediate exchange of money, goods or services or where transport is

carried out with the intention of making a profit. If a transport forms part of an

offering of goods or services on a given market, it should be considered as a transport

in connection with the economic activity.

(15) The main species of animals transported within the Union and from the Union to third

countries for economic purposes are vertebrate animals including small ruminants,

equidae, bovines, pigs, domestic birds, rabbits, and aquatic animals, namely fish,

cephalopods, and decapods. To ensure proportionality, the scope of this Regulation

should be limited to those species.

(16) Ornamental fish are usually transported in small boxes by express couriers in bags of

water especially adapted to their needs and the duration of the journey is usually less

than 24 hours. Therefore, the transport of ornamental fish rarely represents a major

risk for animal welfare and should be excluded from the scope of this Regulation.

(17) Directive 2010/63/EU of the European Parliament and of the Council44 regulates the

protection of animals used for scientific purposes. Due to the strict requirements on

the quality of animals needed for research and testing, any compromises to the health

or welfare status of animals on arrival at their place of destination have a direct impact

on the possibility to use them for those purposes. In addition, scientific procedures

may require the use of animals that can potentially be considered unfit for transport

according to this Regulation such as some genetically modified animals and animals

which have undergone surgical procedures for the purpose of the projects in line with

Directive 2010/63/EU. Transport of live animals for scientific purposes is undertaken

by specialist operators with specially designed vehicles equipped to ensure the health

and welfare of the animals throughout the planned journeys. While a distinction can

be made with regard to the purpose for which these animals are transported, their

welfare should be guaranteed. However, it would be neither coherent nor acceptable

to include them completely in the scope of this Regulation. For these reasons, species-

specific rules related to fitness for transport, watering and feeding intervals and

certain provisions concerning journey times, temperatures and rest periods should not

apply to transport of animals used or destined to be used for scientific purposes in a

project authorised under Directive 2010/63/EU of the European Parliament and of the

Council.

(18) Experience with the application of Regulation (EC) No 1/2005 shows that operators

often prolong journeys beyond the limits set out in the relevant provisions by

transporting animals from a holding to several assembly centres consecutively. The

animals are grouped together with animals from other holdings in these assembly

centres and only the last assembly centre is recorded as the place of departure.

Therefore, a mandatory stay of the animals at both the place of departure and

destination should be imposed and assembly centres should only be allowed to be

places of departure if they are situated locally, with the aim of preventing the practice

of “assembly centre hopping”.

44 Directive 2010/63/EU of the European Parliament and of the Council of 22 September 2010 on the

protection of animals used for scientific purposes (OJ L 276, 20.10.2010, p. 33).

EN 22 EN

(19) Only organisers of the transport of animals who have the means to comply with the

requirements of this Regulation should be allowed to transport animals for long

journeys. Therefore, it is appropriate to establish an authorisation system for

organisers. Organisers should be responsible for ensuring compliance with Union

rules from the place of departure to the place of destination. They may subcontract the

transport of animals to a transporter and should remain responsible for ensuring

compliance with Union rules by that transporter and any other persons involved in

that transport. The organiser should provide proof to the competent authorities of their

ability to ensure that Union rules on transport are met until the animals’ arrival at the

place of destination.

(20) Transporters and their staff play a central role in the transport of animals significantly

influencing the welfare conditions of the transported animals. Welfare conditions of

animals during transport are significantly impacted by the day-to-day conduct of

transporters. They should have the necessary competence to ensure compliance with

this Regulation, as well as compliance by their staff, and the necessary approval of the

means of transport used, together with contingency plans to address emergencies.

Therefore, it is appropriate to have an authorisation system for transporters. They

should be accountable and transparent concerning their status and operations. In

particular, they should report any difficulties and keep precise records of their actions

and the results.

(21) Means of transport should be designed to avoid injury or suffering to the animals.

Therefore, it is appropriate to set out technical requirements to be fulfilled for a means

of transport to be approved and taking account of the needs of specific species and

categories of animals on board.

(22) The transport of animals by air is significantly less common compared to transport by

road and sea. Due to the costs associated with this type of transport, in the majority of

cases, animals transported by air are pets and high-value animals intended for

breeding or sport activities. Air transport of animals is carried out in line with

International Air Transport Association (IATA) technical rules set out in Live

Animals Regulations (LAR), designed and annually updated by the Live Animals and

Perishables Board (LAPB) to balance the principles of protecting welfare of animals

and safety on board of aircraft, as well as taking into account the specificities and

limitations of air transport. Carriers that are members of IATA are obliged to follow

the standards in the regulations in carrying out transport operations, as well as in

equipping their aircraft. Transport of animals by air should therefore only be allowed

in aircrafts belonging to carriers that are members of IATA.

(23) As evidenced by Commission audits and competent authorities’ inspections, a

significant number of livestock vessels currently operating in the Union do not meet

the appropriate standards of maritime safety and pose a risk both for animals and

crew. To ensure compliance of these livestock vessels with safety standards and the

proper functioning of essential systems such as power generation, stability,

ventilation, water desalination and drainage systems, among others, only livestock

vessels flying flags identified as white or grey under the Paris Memorandum of

Understanding on Port State Control45 should be approved for the transport of animals

by the relevant competent authorities in the Member State. In addition, competent

45 https://www.parismou.org/

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authorities should only allow loading of animals to these vessels if their ship risk

profile is identified as low risk or standard risk according to the Paris Memorandum

of Understanding on Port State control.

(24) Records for approvals of livestock vessels are currently kept in the information system

supporting the New Inspection Regime stemming from Directive (EU) 2009/16/EC on

Port State Control46. The Hybrid European Targeting and Inspection System

(THETIS) is a database facilitating official controls of sea vessels in the Union,

including livestock vessels. This database includes a module specific for official

controls focusing on requirements for the protection of animals. Information on

authorised livestock vessels should also be available in TRACES, to enable the digital

creation, update and completion of journey logs in TRACES. The Competent

authorities should be responsible for regularly updating this information.

(25) In accordance with Implementing Regulation (EU) 2023/372,47 following approval

and before any renewal of approval of a livestock vessel, an official veterinarian

should accompany the consignment of animals for the first journey. This allows the

veterinarian to perform official controls throughout that first journey to check that the

mechanical and management systems of the livestock vessel are not detrimental to the

welfare of the animals on board during the journey.

(26) Journey logs are important tools to allow all actors involved in the transport of

animals, and competent authorities, to be aware of the planned route and timing of the

journey, and to check if the planned route is followed in practice, therefore facilitating

enforcement. Specific elements of the journey log should be designed to ensure better

enforcement of animal welfare standards, in particular by increasing the traceability

and transparency of transport operations. Competent authorities in the Member States

should approve journey logs for long journeys both within the Union and to third

countries, as well as short journeys to third countries. The use of journey logs should

be fully digitalised by making use of and expanding the possibilities provided by

TRACES. Digitalisation of the journey log will improve data collection and allow

better analysis and risk identification.

(27) To ensure that journeys do not exceed the planned length and to provide for better

traceability, a simplified journey log for short journeys within the Union should be

introduced. Completed by the organiser and without the requirement for approval of

the competent authority, these journey logs will help competent authorities to assess

the performance of operators during inspections and checks. In addition, this will

allow both competent authorities and the Commission to have information on all

transport operations.

(28) Pregnant animals are especially vulnerable during transport. As it is not always

possible for the transporter to assess the stage of pregnancy of such animals, the

keeper should be responsible for providing information to the transporter about the

pregnancy stage or the insemination date, when applicable.

46 Directive 2009/16/EC of the European Parliament and of the Council of 23 April 2009 on port State

control (recast) (Text with EEA relevance) OJ L 131, 28.5.2009, p. 57–100. 47 Commission Implementing Regulation (EU) 2023/372 of 17 February 2023 laying down rules on the

recording, storing and sharing of written records of official controls performed on livestock vessels, on

contingency plans for livestock vessels in the event of emergencies, on the approval of livestock

vessels and on minimum requirements applicable to exit points. OJ L 51, 20.2.2023, p. 32–39.

EN 24 EN

(29) The scarcity of specific provisions in Union law on transport of cats and dogs, in

particular pups and kittens of various breeds, as well as divergent interpretation and

enforcement of existing Union rules by Member States, have led to the frequent

transportation of these animals in circumstances that pose risks to their welfare and

lead to an uneven level playing field for operators. Therefore, it is necessary to better

define specific rules regarding the minimum age of transported cats and dogs and the

feeding intervals during the journey, to require preventive veterinary treatments to

avoid stress related and species-specific diseases, and thus to expand the specific and

harmonised rules on commercial transport of cats and dogs. For that same purpose, it

is necessary to provide for rules, such as on temperature and humidity requirements

and the necessity of a journey log for long journeys.

(30) The WOAH guidelines on the welfare of farmed fish during transport set the

minimum standards for compliance at international level and contain

recommendations as regards responsibilities, planning, vehicles design, equipment,

handling, water, preparation, species specific issues, contingency planning,

documentation, loading and unloading. Based on these guidelines, specific provisions

for aquatic animals should be set and updated based on new science when the relevant

opinions of EFSA are available. An important element for the welfare of transported

animals is the space allocated to them on board the means of transport, which depends

on their species, categories, and size. In the EFSA opinions, it is recommended that,

while on board, animals should have enough space to change position, drink and rest.

Therefore, the space allowance requirements laid down in Regulation (EC) No 1/2005

should be increased in line with EFSA recommendations.

(31) The real time positions of aircrafts, sea vessels and trains are currently publicly

available and accessible for reasons of safety and information. Most road vehicles are

already equipped with a satellite navigation system that keeps records of the actual

route followed and the length of the journey. This information is of crucial importance

for the competent authorities to implement and better target on a risk basis their

official controls. However, this information with respect to road vehicles is not

available to competent authorities.

(32) Limiting the length of the journey plays a fundamental role in the protection of

animals during transport. There is evidence that in practice the estimated duration of

journey times in the initial planning are often exceeded, which can have serious

detrimental effects on the welfare of the transported animals. Currently, there is no

means for the competent authority to check the location of consignments during the

journey in order to target their controls and inspections in relation to journey and rest

times, carried out in accordance with Regulation (EU) 2017/625. This makes it

difficult for competent authorities to control that the actual journey duration

corresponds to that declared. Many of these challenges would to be solved with

information gathered via an information sytem using of real-time positioning tools.

(33) Accessing information concerning the time at which road vehicles have reached

certain key points in the journey, such as control posts or place of destination, would

allow competent authorities to strengthen and better plan and target their controls.

They could in particular better detect transports that are exceeding maximum journey

times, thus identifying transports that are more likely to end with animals in

compromised state of welfare. Therefore, all road vehicles should have a real time

positioning system capable of communicating their location throughout the journey

EN 25 EN

and after the journey has been completed to an information system connected to

TRACES.

(34) Data concerning the length of the journey and rest periods should be recorded and

kept for all journeys, for the purpose of processing the information only for official

control and other official activities linked to those official controls. The retention

period of these data should be 6 years so that these data are accessible to the

competent authorities, in particular with a view to checking whether the organiser or

transporter fulfils the conditions required in order to obtain a renewal of an

authorisation after the expiry of the 5-year period of validity. Positioning data

recorded in the information system connected to TRACES should only be recorded

and kept for the purposes of offical controls and other official activities llinked to

those controls. The retention period of these data should also be 6 years.

(35) In addition to Regulation (EU) 2016/67948 and Regulation (EU) 2018/1725,49 and to

provide specific adequate guarantees regarding data protection, the provisions

concerning processing and controlling of data laid down in Implementing Regulation

(EU) 2019/171550 concerning the database where these data will be stored should

apply.

(36) It is important for the competent authorities at the place of departure to be aware of

the fitness of the animals on arrival at the place of destination. Both drivers, or when

relevant, attendants, and keepers at the place of destination should declare the

condition of the animals arriving at the place of destination in TRACES, including

information on animal welfare indicators. The electronic version of the journey log

will allow the competent authorities at both the place of departure and the place of

destination to receive this information, allowing them to take action when the

condition of animals is not adequate or there is a discrepancy between information

provided by keepers, drivers or attendants.

(37) In general, scientific evidence suggests that longer journeys affect animal welfare

more negatively than shorter journeys. In light of the current distribution of

slaughterhouses in Member States, the latest scientific opinion on welfare of animals

during transport and with the intention of keeping journeys as short as possible,

journeys to slaughter should not last more than 9 hours. In general, slaughterhouses

currently in use are technologically adapted to the species and categories of animals

which they slaughter. To prevent a situation when slaughter would not be possible

because there is no appropriately equipped slaughter in the area within the 9-hour

transport, an exemption to the 9-hour limit should be foreseen to exceptionally allow

long journeys to appropriately equipped slaughterhouses, provided that this is

authorised by the competent authority.

48 Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the

protection of natural persons with regard to the processing of personal data and on the free movement

of such data and repealing Directive 95/46/EC (General Data Protection Regulation); OJ L 119,

4.5.2016, p. 1–88. 49 Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the

protection of natural persons with regard to the processing of personal data by the Union institutions,

bodies, offices and agencies and on the free movement of such data and repealing Regulation (EC) No

45/2001 and Decision No 1247/2002/EC; OJ L 295, 21.11.2018, p. 39–98. 50 Commission Implementing Regulation (EU) 2019/1715 of 30 September 2019 laying down rules for

the functioning of the information management system for official controls and its system components

(the IMSOC Regulation) C/2019/7005, OJ L 261, 14.10.2019, p. 37–96.

EN 26 EN

(38) EFSA opinions confirmed that too many stops with unloading and loading in control

posts along the journey are detrimental to animal welfare, as they lead to additional

handling of animals, with consequent additional stress and increased risk of exposure

to injury and infections. Therefore, long journeys should not include more than one

rest period with unloading and loading.For journeys by road or rail longer than 9

hours for purposes other than for slaughter, in addition to the latest scientific advice

from the EFSA, the maximum driving periods and minimum rest periods for road

drivers provided for in Regulation (EC) No 561/200651 should be taken into

consideration in order to better coordinate with the journey times and rest periods of

the animals transported.

(39) Unweaned animals are particularly vulnerable during transport and feeding them on

board in accordance with their needs should be ensured. Following EFSA’s scientific

advice, the minimum age and weight of these animals before they can be transported

should be increased so that they are more resilient and fit for transport. In addition,

these animals should be transported for a maximum period of 8 hours unless a system

is in place on board the means of transport, allowing unweaned animals to be

effectively fed with milk or milk replacement at body temperature under the

appropriate conditions.

(40) Experience with the application of Regulation (EC) No 1/2005 shows that providing

adequate feeding for unweaned animals is a challenging requirement to fulfil.

Unweaned animals must be fed species-specific milk or appropriate milk replacement

at body temperature under conditions similar to natural milk feeding and with

intervals that prevent onset of long-term hunger. Feeding systems should be designed

to allow delivery of the milk or milk replacement to every animal on board, with

minimal need for intervention by attendants or drivers. Maintenance should allow

appropriate cleaning and disinfection to prevent contamination of the milk. The

feeding system should be adapted to the circumstances and the type of transport in

which it is intended to be used. In particular, when animals are transported by roll-on-

roll-off vessel, the limited space around the means of transport and the motion of the

vessel should be taken into account. In order to avoid the development of

inconsistencies in feeding systems, the Commission should approve these systems

based on the scientific and technical evidence of their effectiveness of intended use

and conformity with the rules set out in this Regulation. The Commission should also

be assisted in this task by EFSA.

(41) While EFSA scientific opinions identify motion stress as an important risk for the

welfare of animals transported in road vehicles, they do not reach the same conclusion

with respect to motion stress in means of transport at sea. Journey times on means of

transport by road and rail are limited and rest periods are required with the purpose of

mitigating the effects of motion stress on the welfare of transported animals. Animals

transported by sea are not exposed to the same type of motion as animals transported

by road or rail. Motion on sea vessels does not impact animals’ stability in the same

way as motion on road vehicles, where they are subjected to repeated and unexpected

sudden movements. Consequently, the impact of sea transport on animals is less

51 Regulation (EC) No 561/2006 of the European Parliament and of the Council of 15 March 2006 on the

harmonisation of certain social legislation relating to road transport and amending Council Regulations

(EEC) No 3821/85 and (EC) No 2135/98 and repealing Council Regulation (EEC) No 3820/85,OJ L

102, 11.4.2006, p. 1–14.

EN 27 EN

detrimental for their welfare. Provided that animals on board of sea vessels such as

livestock vessels, container vessels and roll-on-roll-off vessels have sufficient space to

be able to lie down and rest, have feed and water in sufficient amounts and at

appropriate intervals, the time spent at sea should not be counted as journey time.

(42) The temperature experienced by animals during transport is an important factor

impacting their welfare. Measuring inside temperatures while on the road has proven

difficult and does not easily allow for remedial actions to be taken. Maintaining

temperature limits within a vehicle is difficult as it depends on many factors,

including humidity and space provided on board. Transporting animals in trucks

equipped with air conditioning is costly and likely unsustainable. Therefore, it is

appropriate to limit journey times during extreme temperatures to reduce the exposure

of animals to these and, in the most extreme cases, to allow the transport of animals

only during the night. In addition, measures palliating potential negative effects of the

temperature on board should also be taken, such as opening the truck vents and

providing more space for the animals.

(43) Organisers transporting animals to a place of destination in a third country must

arrange an evaluation of the first journey by a certification body in order to determine

the organiser’s ability to ensure compliance with this Regulation until the arrival of

the animals at the place of destination in the third country. If the conditions laid down

in this Regulation are not fulfilled, the competent authority should suspend the

organiser’s authorisation with respect to transport to third countries. The certification

body should regularly evaluate journeys to third countries arranged by the organiser

with a view to determining continues to have the means to comply with this

Regulation. Certification bodies should have the required knowledge and

qualifications, provide guarantees of continued independence from organisers,

transporters and any other person or entity involved in the transport or handling of

animals during transport and should be accredited by national accreditation bodies

established pursuant to Regulation (EC) No 765/200852.

(44) Council Regulation (EC) No 1255/9753 establishes requirements for control posts and

on the use of these control posts in the Union. To ensure that the transport of animals

from the Union to third countries complies with this Regulation in particular as

regards journey times, rest periods and the conditions of accommodation of the

animals during rest periods, control posts in third countries should meet equivalent

standards to those laid down in Union legislation, in particular Council Regulation

(EC) No 1255/97.

(45) Operators of control posts in third countries or organisers may request their inclusion

in a list to be adopted by the Commission provided they demonstrate compliance with

requirements at least equivalent to the Union rules, in particular Regulation (EC) No

1255/97. For this purpose, control posts in third countries may provide proof of

certification of compliance with requirements at least equivalent to those laid down in

Union law, in particular Council Regulation (EC) No 1255/97 by a certification body.

52 Regulation (EC) No 765/2008 of the European Parliament and of the Council of 9 July 2008 setting out

the requirements for accreditation and market surveillance relating to the marketing of products and

repealing Regulation (EEC) No 339/93, OJ L 218, 13.8.2008, p. 30–47 53 Council Regulation (EC) No 1255/97 of 25 June 1997 concerning Community criteria for staging

points and amending the route plan referred to in the Annex to Directive 91/628/EEC, OJ L 174,

2.7.1997, p. 1–6.

EN 28 EN

The list of approved control posts in third countries should be adopted by the

Commission by means of implementing acts.

(46) To better ensure that control posts meet the needs of the animals resting at their

premises, these should be adapted to the relevant species and categories. A booking

system should be put in place to avoid delays or overbooking of control posts.

Therefore, Regulation (EC) No 1255/97 should be amended accordingly.

(47) Experience shows that the designation of an exit point in the Union is important for

ensuring the smooth transport of live animals from the Union to third countries.

Animals should leave the Union through designated exit points that meet the

necessary requirements for animal welfare checks as referred to in Article 21(2), point

(c) of Regulation (EU) 2017/62554 and are capable of ensuring communication

between competent authorities at places of departure, assembly centres, control posts

and establishments of destination in this regard. Competent authorities should record

such designations in TRACES.

(48) Experience has shown that there is a risk that consignments of animals transported by

sea may be rejected by the country of destination on the basis of the documents

presented, for example, health certificates. In certain cases, this may affect the welfare

of the animals, as they cannot be returned to the place of departure for animal health

reasons. The competent authorities at the place of departure should approve a journey

log only when the operators provide them with an attestation of acceptance of

documentation for the international transport of live animals by sea signed by the

competent authority of the seaport of the country of final destination. Accordingly, it

is appropriate to establish a model attestation.

(49) Member States should lay down effective, proportionate, and dissuasive penalties for

infringements of this Regulation and ensure that they are applied. To ensure a

consistent and effective application of this Regulation across the Union, it is necessary

to avoid different levels of enforcement and that the differing severity of the penalties

applied for non-compliance with this Regulation in different Member States leads to

transport operations being planned in accordance with the lesser severity of the

penalties imposed in certain Member States. It is appropriate to identify those

infringements of this Regulation that cause significant risks to animal welfare and

establish minimum levels of financial penalties in relation to the value of animal

consignments in such cases. The degree of frequency of occurrence of the

infringement should also be a factor and repeated infringements should be regarded as

more serious. This should deter future infringements and improve the enforcement of

the Regulation.

54 Regulation (EU) 2017/625 of the European Parliament and of the Council of 15 March 2017 on official

controls and other official activities performed to ensure the application of food and feed law, rules on

animal health and welfare, plant health and plant protection products, amending Regulations (EC) No

999/2001, (EC) No 396/2005, (EC) No 1069/2009, (EC) No 1107/2009, (EU) No 1151/2012, (EU) No

652/2014, (EU) 2016/429 and (EU) 2016/2031 of the European Parliament and of the Council, Council

Regulations (EC) No 1/2005 and (EC) No 1099/2009 and Council Directives 98/58/EC, 1999/74/EC,

2007/43/EC, 2008/119/EC and 2008/120/EC, and repealing Regulations (EC) No 854/2004 and (EC)

No 882/2004 of the European Parliament and of the Council, Council Directives 89/608/EEC,

89/662/EEC, 90/425/EEC, 91/496/EEC, 96/23/EC, 96/93/EC and 97/78/EC and Council Decision

92/438/EEC (Official Controls Regulation) OJ L 95, 7.4.2017, p. 1–142

EN 29 EN

(50) The Fitness Check of the EU animal welfare legislation has shown difficulties in

assessing the effectiveness of Regulation (EC) No 1/2005 in improving animal

welfare due to the lack of indicators provided for in that Regulation. It is appropriate

to create a system of monitoring of animal welfare indicators.

(51) Transporters and keepers should be required to collect data on the basis of animal

welfare indicators relevant to their transport activities. Analysis of the data will allow

transporters and keepers to identify deficiencies in relation to animal welfare and to

put in place appropriate corrective measures when needed. Data on indicators should

also be made available to competent authorities and to the Commission in TRACES.

(52) In order to update the technical rules in Chapters I, II, V and VII of Annex I and

Annex II, to align these rules to the latest scientific and technical knowledge when

these are available, the power to adopt acts in accordance with Article 290 TFEU

should be delegated to the Commission. In order to facilitate proper implementation

of this Regulation, the power to adopt, in accordance with Article 290 TFEU, acts to

update the model of journey log in Annex III and the model of attestation in Annex IV

should be delegated to the Commission. It is of particular importance that the

Commission carry out appropriate consultation during its preparatory work including

at expert level and that those consultations be conducted in accordance with the

principles laid down in the Interinstitutional Agreement of 13 of April 2016 on Better

Law-Making55. In particular, to ensure equal participation in the preparation of

delegated acts, the European Parliament and the Council receive all documents at the

same time as Member States’ experts, and their experts systematically have access to

meetings of the Commission expert groups dealing with the preparation of delegated

acts.

(53) To ensure uniform conditions for the implementation of this Regulation, including

elements of contingency plans and their templates, technical rules concerning

approval of livestock vessels, the technical elements needed to set up the live tracking

navigation system recordings, the approval of feeding systems for unweaned animals

on board, the content of the evaluations needed for the certification of organisers

transporting animals to third countries and the frequency by which they are needed,

the lists of control posts meeting equivalent standards to those laid down in Council

Regulation (EC) No 1255/97 and definitions of welfare indicators and the methods to

monitor them, and technical rules on the use of TRACES, implementing powers

should be conferred on the Commission. Those powers should be exercised in

accordance with Regulation (EU) No 182/2011 of the European Parliament and of the

Council56.

(54) It is important to ensure that national rules are not used by Member States in a way to

prejudice the correct application of the provisions of this Regulation or to affect the

functioning of the internal market. Member States should notify the Commission of

any such national rules. The Commission should bring them to the attention of other

Member States. Where national rules fall within the scope of Directive (EU)

55 Interinstitutional Agreement between the European Parliament, the Council of the European Union and

the European Commission on Better Law-Making, OJ L 123, 12.5.2016, p. 1–14 56 Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011

laying down the rules and general principles concerning mechanisms for control by Member States of

the Commission’s exercise of implementing powers, OJ L 55, 28.2.2011, p. 13–18.

EN 30 EN

2015/1535 of the European Parliament and of the Council, they should be notified to

the Commission in accordance with that Directive.

(55) The impact assessment performed to prepare this Regulation indicates that some of

the new requirements set out in this Regulation call for planning and investment from

the operators impacted by them. New rules concerning journey times and feeding of

unweaned animals during transport will require changes in transport patterns, and

investments in new trucks to provide more space for the animals and possibly new

feeding systems. Accordingly, this Regulation should provide for appropriate

transition periods to take into account the necessary time to allow the operators

concerned to adapt to the corresponding requirements set out in this Regulation.

(56) Since the objective of this Regulation, namely to ensure a harmonised approach with

regard to the protection of animals during transport, cannot be sufficiently achieved

by the Member States but can rather, by reason of the scale, effects, and trans-border

and international characters of the transport, be better achieved at Union level, the

Union may adopt measures, in accordance with the principle of subsidiarity as set out

in Article 5 of the Treaty on European Union. In accordance with the principle of

proportionality, as set out in that Article, this Regulation does not go beyond what is

necessary to achieve that objective.

(57) “The European Data Protection Supervisor was consulted in accordance with Article

42(1) of Regulation (EU) 2018/1725 and delivered an opinion on [DD/MM/YYYY].”

HAVE ADOPTED THIS REGULATION:

CHAPTER I

SUBJECT MATTER, SCOPE, DEFINITIONS AND GENERAL

PROVISIONS

Article 1

Subject matter

This Regulation lays down rules for the protection of animals during transport in connection

with an economic activity.

Article 2

Scope

1. This Regulation shall apply to the transport of animals:

– within the Union;

– from a place of departure in a third country to a place of destination in the

Union;

– from a place of departure in the Union to a place of destination in a third

country; and

– from a Border Control Post of entry into the Union until an exit point from the

Union, when the transport of animals transits through the Union territory.

2. Transport for the following purposes shall only be subject to Article 4:

EN 31 EN

(a) transport by farmers of their own animals using their own means of transport

for the purpose of seasonal transhumance;

(b) transport by farmers of their own animals using their own means of transport

for purposes other than transhumance, for a distance of no more than 50 km

from the holding in which they are kept.

(c) transport of animals for the purposes of participating in training, exhibitions,

competitions, cultural events, circuses, and equestrian sport and leisure

activities;

3. This Regulation shall not apply to the following types of transport:

(a) the transport of animals which does not take place in connection with an

economic activity;

(b) the transport of animals directly to or from veterinary practices or clinics;

(c) the transport of protected species, under the Convention on International Trade

in Endangered Species of Wild Fauna and Flora (CITES)57;

(d) the transport of animals between zoos as defined in Article 2 of Council

Directive 1999/22/EC58.

(e) the transport of ornamental fish;

(f) direct deliveries of aquatic animals to food businesses supplying the final

consumer.

4. Articles 4(2)(b), 20, 26, Chapters I and V of Annex I and point 4 of Annex II shall

not apply to transport of animals for the purposes of an authorised project under

Directive 2010/63/EU59.

Article 3

Definitions

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

1. ‘animals’ means live vertebrate animals, cephalopods and decapods;

2. ‘place of departure’ means:

(a) the place where an animal has been accommodated for at least a week prior to

departure and where it is first loaded onto a means of transport; or

(b) an assembly centre if the animal has been collected within a distance of no

more than 100 km;

57 Council Decision (EU) 2015/451 of 6 March 2015 concerning the accession of the European Union to

the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), OJ L

75, 19.3.2015, p. 1–3. 58 Council Directive 1999/22/EC of 29 March 1999 relating to the keeping of wild animals in zoos, OJ L

94, 9.4.1999, p. 24–26. 59 Directive 2010/63/EU of the European Parliament and of the Council of 22 September 2010 on the

protection of animals used for scientific purposes, OJ L 276, 20.10.2010, p. 33–79.

EN 32 EN

3. ‘place of destination’ means a slaughterhouse or any other place where an animal is

unloaded from a means of transport and accommodated for at least a week prior to

the time of any subsequent departure;

4. ‘journey’ means the movement of animals effected by one or more means of

transport starting with the loading of the first animal onto the first means of transport

at the place of departure and ending with the unloading of the last animal at the place

of destination, and the related operations including rest periods and transfer from

one means of transport to another;

5. ‘means of transport’ means road or rail vehicles, vessels and aircraft used for the

transport of animals;

6. ‘aquatic animals’ means fish, cephalopods and decapods;

7. ‘organiser’ means:

(a) a transporter who transports or has subcontracted the transport of animals for

the whole journey or a part of the journey to at least one other transporter; or

(b) a natural or legal person who has contracted the transport of animals to a

transporter; or

(c) a person who has signed Section 1 of the journey log in TRACES as set out in

Annex III.

8. ‘long journey’ means a journey that exceeds 9 hours;

9. ‘competent authority’ means a competent authority as defined in Article 3(3) of

Regulation (EU) 2017/625;

10. ‘TRACES’ means the computerised system for the purposes of exchanging data,

information and documents referred to in Articles 133(4) of Regulation (EU)

2017/625;

11. ‘transporter’ means an operator whose economic activity consists of transporting

animals on its own behalf, or on behalf of a third party;

12. ‘short journey’ means a journey that does not exceed 9 hours;

13. ‘attendant’ means a person directly in charge of the welfare of the transported

animals who accompanies them during a journey on road or rail transport;

14. ‘vehicle’ means a means of transport fitted with wheels which is propelled or towed;

15. ‘Animal welfare officer’ means a person directly in charge of the welfare of

transported animals by livestock vessel for the duration of the journey at sea;

16. ‘livestock vessel’ means a sea-going vessel which has been built or adapted to be

used for the transport of terrestrial animals, other than domestic birds or rabbits;

17. ‘container’ means any crate, box, receptacle or other rigid structure used for the

transport of animals which is not a means of transport;

18. ‘container vessel’ means a vessel carrying terrestrial animals, other than domestic

birds or rabbits in moveable containers;

19. ‘terrestrial animals’ means kept equidae, and animals of the bovine, porcine, ovine,

caprine species, cervids, rabbits and domestic birds, including poultry;

EN 33 EN

20. ‘roll-on-roll-off vessel’ means a vessel with facilities to enable road or rail vehicles

to roll on and roll off the vessel;

21. ‘container for large animals’ means a container used for transport of terrestrial

animals other than domestic birds and rabbits on means of transport by road, rail or

container vessels;

22. ‘official veterinarian’ means an official veterinarian as defined in Article 3(32) of

Regulation (EU) 2017/625;

23. ‘assembly centre’ means an establishment for assembly operations registered in

accordance with Article 97(1) of Regulation (EU) 2016/429 where animals of the

bovine, ovine, caprine, equine or porcine species originating from more than one

holding are grouped together temporarily to form a consignment;

24. ‘control posts’ means control posts as defined in Article 1 of Regulation (EC) No

1255/97;

25. ‘journey time’ means the time period during which animals are moved by means of

transport, including the time for loading and unloading the animals;

26. ‘keeper’ means any natural or legal person, except a transporter, in charge of or

handling animals whether on a permanent or temporary basis;

27. ‘exit point’ means an exit point as defined in Article 3(39) of Regulation (EU)

2017/625;

28. ‘border control post’ means a border control post as defined in Article 3(38) of

Regulation (EU) 2017/625.

29. ‘positioning systems’ means systems of infrastructures providing global, continuous,

accurate and guaranteed timing and positioning services needed for the purpose of

this Regulation;

30. ‘rest period’ means a continuous period in the course of a journey during which

animals are not being moved by a means of transport;

31. ‘biosecure transport’ means the transport of animals for the purposes of Directive

2010/63/EU that provides a physical barrier protecting the animals from the transfer

of microbial contaminants and ensures their welfare by the provision of feed, water

and environmental conditions appropriate to the species and their stage of

development, including sufficient space to rest and stretch;

32. ‘certification body’ means a legal entity accredited in accordance with Regulation

(EC) No 765/2008 and operating in accordance with ISO/IEC/17065 for Conformity

assessment — Requirements for bodies certifying products, processes and services;

33. ‘unbroken equine animal’ means an equine animal that cannot be tied or led by a

halter without causing avoidable excitement, pain or suffering.

Article 4

General provisions on the transport of animals

1. No person shall transport animals or cause animals to be transported in a way that

causes or is likely to cause undue suffering to it.

2. Any person transporting animals or causing animals to be transported shall ensure

compliance with the following requirements:

EN 34 EN

(a) all necessary arrangements have been made in advance to minimise the

duration of the journey so that the most common animal welfare hazards,

including suffering from hunger, thirst, fatigue, injuries or thermal discomfort

are minimised;

(b) the animals are fit for the entire journey;

(c) the means of transport are designed, constructed, maintained and operated in a

way to prevent injury or unnecessary suffering and to ensure the safety of the

animals;

(d) the loading and unloading facilities are designed, constructed, maintained and

operated in a way to avoid injury and unnecessary suffering and to ensure the

safety of the animals;

(e) any natural person responsible for the animals at any stage of their transport, is

competent for this purpose and for handling the animals transported, and

carries out his or her tasks without using violence or any method likely to

cause injury or unnecessary suffering to the animals;

(f) the transport is carried out without undue delay;

(g) the welfare condition of the animals is regularly checked and appropriately

maintained;

(h) the floor area and height of the means of transport and the unloading and

loading facilities are adapted to the species, size, category of the animals

concerned and to the planned journey;

(i) water, feed and rest are offered to animals at regular intervals during the

journey and are appropriate in quality and quantity to the animal’s species and

their physiological needs;

(j) aquatic animals are provided with water in sufficient volume and quality.

CHAPTER II

ORGANISER AND TRANSPORTER AUTHORISATIONS

Article 5

Application for organiser authorisation for long journeys

1. Organisers may only make arrangements for the transport of animals for long

journeys if they hold an authorisation granted in accordance with Article 6.

2. The organiser shall submit an application for an authorisation to transport animals

for long journeys to the competent authority in TRACES using the form in Section 1

of Annex V. The application shall specify whether the organiser intends to organise

the transport of animals to third countries or not.

3. Organisers shall apply for an authorisation to no more than one competent authority,

in no more than one Member State.

4. The application referred to in paragraph 2 shall contain evidence that the following

conditions are met:

EN 35 EN

(a) the organiser is established, or, in the case of an organiser established in a third

country, is represented, in the Member State of the respective competent

authority;

(b) the organiser has the capacity to comply with Article 14.

Article 6

Grant, renewal, suspension and withdrawal of organiser authorisations

1. The competent authority shall grant the authorisation referred to in Article 5 in

TRACES using the form in Section 1 of Annex V, provided that the conditions set

out in Article 5(4) are met.

2. The authorisation provided for in paragraph 1 shall specify the species and

categories of animals and the type(s) of transport covered and whether it covers the

transport of animals to third countries or not.

The authorisation shall be valid for a period of not more than 5 years from the date

of issue.

3. One month before the expiry of the authorisation, the organiser may apply for a

renewal in TRACES. An application for renewal shall include evidence that the

conditions set out in Article 5(4) are met, the certificate provided for in Article 33

when relevant, and documented analysis of monitoring of indicators for the period of

validity of the previous approval and where appropriate, documented evidence of

measures put in place if values quantifying the indicators exceed the thresholds

provided for in Article 26(3). The competent authority shall grant or reject the

application for a renewal and record the renewal or rejection in TRACES and, in

case of rejection, the reasons for it.

4. If the organiser no longer meets the conditions provided for in Article 5(4) or in

Article 33(6), the competent authority shall order the suspension of the authorisation

in accordance with Article 138(2), point (j), of Regulation (EU) 2017/625 and shall

record the suspension in TRACES without delay. Where relevant, the competent

authority shall suspend the part of the authorisation covering transport to a third

country.

The competent authority shall provide the organiser with a written statement

indicating the reasons for the suspension and recommendations to address the

deficiencies found.

The competent authority shall lift the suspension if the organiser provides evidence

that they have corrected the deficiencies on which the suspension of their application

is based.

For transport within the Union, if the organiser has not corrected the deficiencies

within one month of the suspension, the competent authority shall withdraw the

authorisation.

For transport to a third country, if the organiser has not corrected the deficiencies

within three months of the suspension, the competent authority shall withdraw the

authorisation.

EN 36 EN

Article 7

Application for transporter authorisation for short journeys

1. Transporters may only transport animals for short journeys if they hold:

(a) an authorisation for short journeys granted in accordance with Article 9(1) for

the species and categories concerned; or

(b) an authorisation for long journeys granted in accordance with Article 9(1) for

the species and categories concerned.

2. The transporter shall submit an application for an authorisation to transport animals

on short journeys to the competent authority in TRACES using the form in Section 2

of Annex V. The application shall contain evidence that the following conditions are

met:

(a) the transporter is established, or, in the case of a transporter established in a

third country, is represented, in the Member State of the respective competent

authority;

(b) the transporter has sufficient and appropriate staff and equipment and has

written instructions for staff as regards watering, feeding and care of animals

and operational procedures in place to enable its staff to comply with this

Regulation;

(c) the drivers and attendants employed by or providing services to the transporter

have followed the relevant training courses and have certificates of

competence as provided for in Article 38;

(d) neither the transporter nor their representatives in the Member State where the

application is submitted have committed a serious infringement as provided

for in Article 44 in the 5 years preceding the date of the application.

For the purposes of point (d), if the transporter or their representatives committed a

serious infringement during that period, they shall demonstrate to the satisfaction of

the competent authority that they have taken all necessary measures to avoid further

infringements.

Article 8

Application for transporter authorisation for long journeys

1. Transporters may only transport animals for long journeys if they hold an

authorisation granted in accordance with Article 9(1). Such authorisations shall also

be valid for short journeys.

2. The transporter shall submit an application for an authorisation to transport animals

for long journeys to the competent authority in TRACES using the form in Section 3

of Annex V. Transporters shall apply for an authorisation to no more than one

competent authority, in no more than one Member State.

3. The application provided for in paragraph 2 shall contain evidence that the following

conditions are met:

(a) the transporter complies with the conditions set out in Article 7(2); and

(b) the transporter holds the following documents:

EN 37 EN

i. valid certificates of approval as provided for in Articles 12 or 13 for the

means of transport to be used by the transporter for the long journey

concerned;

ii. a document setting out in detail the procedures enabling the transporter

to trace and record the movements of vehicles and vessels under their

responsibility, and the procedures to contact the drivers concerned at any

time during long journeys;

iii. a contingency plan in the event of emergencies during the intended

transport.

4. In order to ensure the uniform presentation of contingency plans in the event of

emergencies during long journeys provided for in paragraph (b), point (iii), the

Commission is empowered to adopt implementing acts in accordance with Article 49

to lay down minimum requirements for the content of the contingency plan, for

different types of journeys, and establish and update as necessary standard model

forms for the submission of those contingency plans.

Article 9

Grant renewal, suspension and withdrawal of transporter authorisations

1. The competent authority shall grant an authorisation to a transporter for short or long

journeys as required under Article 7(1) and Article 8(1) in TRACES using the forms

in Sections 2 and 3 of Annex V respectively, provided the conditions set out in

Article 7(2) and Article 8(2) respectively are met.

2. The authorisation provided for in paragraph 1 shall specify the species and

categories of animals and the type of transport covered and whether it covers long

or short journeys.

The authorisation shall be valid for a period of not more than 5 years from the date

of issue.

3. One month before the expiry of the authorisation for short or long journeys, the

transporter may apply for the renewal of the authorisation in TRACES. An

application for renewal shall contain the documents required under Article 7(2) or

Article 8(2) and documented analysis of monitoring of indicators for the period of

validity of the previous approval and where appropriate, documented evidence of

measures put in place if values quantifying the indicators exceed the thresholds

provided for in Article 26(3).

4. The competent authority shall grant or reject the application for a renewal and record

the renewal or rejection in TRACES and, in case of rejection, the reasons for the

rejection.

5. The transporter shall notify the relevant competent authority of any change in the

documents referred to in Articles 7(2) and 8(2) no later than 5 working days from

the date the change took place.

6. If the transporter no longer meets the conditions provided for in Article 7(2) or

Article 8(2), the competent authority shall order the suspension of the authorisation

in accordance with Article 138(2), point (j), of Regulation (EU) 2017/625 and shall

record the suspension in TRACES without delay.

EN 38 EN

The competent authority shall provide the transporter with a written statement

indicating the reasons for the suspension and recommendations to address the

deficiencies found.

The competent authority shall lift the suspension when the transporter provides

evidence that they have corrected the deficiencies on which the suspension of their

application is based.

If the transporter has not corrected the deficiencies within one month of the

suspension, the competent authority shall withdraw the authorisation.

Article 10

Training of drivers, attendants and animal welfare officers

The transporter shall arrange for drivers, attendants, and the animal welfare officers referred

to in Article 21, to follow one of the approved animal welfare training courses referred to in

Article 37(1)(b). Such training shall be relevant to their tasks, the species, the categories of

animals they handle, and the means of transport used.

CHAPTER III

MEANS OF TRANSPORT

Article 11

General rules on means of transport

1. No person shall transport animals by road or by rail for a long journey unless the

means of transport has been inspected and approved in accordance with Article 12.

2. No person shall transport animals by livestock vessel for more than 10 nautical miles

from a Union port unless the livestock vessel has been inspected and approved in

accordance with Article 13.

3. Paragraphs 1 and 2 shall apply to containers used in transport by road, rail or by

container vessel of terrestrial animals other than domestic birds and rabbits.

4. Animals may only be transported by aircrafts belonging to carriers that are members

of the International Air Transport Association.

5. Animals may only be transported by roll-on-roll-off vessel if the requirements set out

in point 3 of Chapter II of Annex 1 are met.

Article 12

Certificate of approval of means of transport by road or rail and of containers for large

animals

1. The transporter shall submit an application for a certificate of approval of a means of

transport of animals by road or rail for long journeys or of containers for large

animals, to the competent authority in TRACES using the form set out in Section 5

of Annex V.

2. The competent authority shall grant a certificate of approval of the means of

transport to the transporter in TRACES using the form set out in Section 5 of Annex

V, provided it complies with the following conditions:

EN 39 EN

(a) the means of transport is not the subject of an application submitted to, or a

certificate of approval granted by, or the rejection of an application decided by

another competent authority in the same or another Member State;

(b) the means of transport has been inspected by the competent authority 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.

3. The competent authority shall record any rejection of an application for a certificate

of approval in TRACES and the reasons for its decision.

The certificate of approval shall be valid for a period of not more than 5 years from

the date of issue.

4. One month before the expiry of the certificate of approval provided for in paragraph

2, the transporter may apply for a renewal in TRACES in accordance with the

requirements in paragraphs 1 and 2.

5. The transporter shall notify the competent authority of any modification, refit or

impairment of the means of transport that may affect the welfare of the transported

animals within 5 days of such modification, refit or impairment.

6. If a means of transport no longer meets the conditions provided for in paragraph 2,

the competent authority shall order the suspension of the certificate in accordance

with Article 138(2), point (j), of Regulation (EU) 2017/625 and record the

suspension in TRACES.

The competent authority shall provide the transporter with a written statement

indicating the reasons for the suspension and recommendations to address the

deficiencies found.

The competent authority shall lift the suspension if the transporter provides evidence

that they have corrected the deficiencies on which the suspension of their certificate

is based.

If the transporter has not corrected the deficiencies within 1 month of the

suspension, the competent authority shall withdraw the certificate.

Article 13

Certificate of approval of livestock vessels

1. The transporter shall submit an application for a certificate of approval of a livestock

vessel for the transport of animals to the competent authority in TRACES using the

form set out in Section 6 of Annex V. The application shall include the following

documents:

(a) a document containing the applicant and livestock vessel details, including

conversion date when applicable, plan of vessel with layout of pens, lighting,

water drainage, firefighting and ventilation systems;

(b) a document describing how the systems listed in point (a) operate and how the

power sources are capable of providing enough energy to support those

systems.

EN 40 EN

2. The competent authority shall grant a certificate of approval of the livestock vessel

in TRACES using the form set out in Section 6 of Annex V, provided that it

complies with the following conditions:

(a) the vessel will operate its first journey from the Member State where the

application is submitted;

(b) the vessel is not the subject of an application submitted to, or a certificate of

approval granted by or the rejection of an application decided by, another

competent authority in the same Member State or in another Member State;

(c) the vessel has been inspected by the competent authority and found to comply

with the requirements of Chapter II and Chapter IV of Annex I applicable to

the construction and equipment for livestock vessels;

(d) the vessel flies a flag with a flag performance rating of white or grey according

to the Paris Memorandum of Understanding on port State control.

The approval of the livestock vessel shall be suspended unless an official

veterinarian has carried out official controls on board of the livestock vessel during

the entire first voyage of the vessel following approval and prior to the renewal of

such approval, and those controls demonstrated that the construction and equipment

of the livestock vessel are not detrimental to the welfare of the animals on board, or

effective corrective measures have been taken.

3. The competent authority shall record any rejection of an application for approval in

TRACES and the reasons for its decision.

The certificate of approval shall be valid for a period of not more than 5 years from

the date of issue.

4. One month before the expiry of the certificate of approval of the livestock vessel

provided for in paragraph 2, the transporter may apply for a renewal of the certificate

in TRACES in accordance with the requirements in paragraphs 1 and 2.

5. The transporter shall notify the relevant competent authority of any modification,

refit or impairment of the vessel that may affect the welfare of the transported

animals within 5 days of such modification, refit or impairment or if the requirement

in paragraph 2, point (d) is no longer met.

6. If the vessel no longer meets the conditions provided for in paragraph 2, the

competent authority shall order the suspension of the certificate in accordance with

Article 138(2), point (j), of Regulation (EU) 2017/625 and record the suspension in

TRACES.

The competent authority shall provide the transporter with a written statement

indicating the reasons for the suspension and recommendations to address the

deficiencies found.

The competent authority shall lift the suspension if the transporter provides evidence

that they have corrected the deficiencies on which the suspension of their certificate

is based.

If the transporter has not corrected the deficiencies within one month of the

suspension, the competent authority shall withdraw the certificate.

EN 41 EN

7. The Commission is empowered to adopt implementing acts in accordance with

Article 49 regarding:

(a) the establishment of an electronic database for the recording of inspections on

livestock vessels for the purposes of this Article and the official controls

performed under Regulation (EU) 2017/625;

(b) the composition of the teams of inspectors to perform the inspections referred

to in paragraph 1;

(c) detailed rules concerning the presence of an official veterinarian on board for

the purpose of approving a livestock vessel.

CHAPTER IV

OBLIGATIONS PRIOR TO DEPARTURE

Article 14

Obligations for organisers

1. Organisers shall be responsible for ensuring that the entire journey from the place of

departure to the place of destination in the Union or in a third country complies with

this Regulation.

2. Organisers shall be responsible for the planning of the journey from the place of

departure until the place of destination. The organiser shall comply with the

provisions relating to the journey log referred to in Article 15 and shall sign section

1 of the journey log in TRACES as set out in points 1 and 2 of Annex III.

3. The organisers shall ensure that for each journey:

a) the animals to be transported are accommodated at the place of departure for at

least 1 week prior to departure;

b) the different legs of the journey are coordinated, especially when performed by

different operators, in a way that the welfare of the animals is not

compromised by insufficient coordination between different parts of the

journey or different operators;

c) the organisation of the journey takes into account the temperature forecast

when relevant for the species and categories of animals concerned in

accordance with Article 31 and Chapter V of Annex I;

d) an individual is designated to provide information on the planning, execution,

and completion of the journey to the competent authorities at the place of

departure, assembly centres, control posts and establishments of destination at

any time.

Article 15

Journey log for all long journeys and short journeys to third countries

1. For long journeys and short journeys to third countries, organisers shall complete in

TRACES section 1 of the journey log prior to the journey, as set out in point 1 of

Annex III.

EN 42 EN

2. Where the journey log concerns a long journey or a short journey to a third country,

the organiser shall submit in TRACES the journey log for approval by the competent

authority at the place of departure at least 2 days, but not earlier than 5 days, before

the planned departure date. The journey cannot start before the competent authority

has approved the journey log in accordance with paragraph 4.

3. The journey log shall include confirmation of a reservation at a control post when,

according to journey planning, the journey time is likely to exceed 21 hours.

4. The competent authority shall approve the journey log in TRACES provided the

following conditions are met:

(a) the journey log is realistic and indicates compliance with this Regulation;

(b) the transporters indicated in the journey log have the corresponding valid

transporter authorisations, the valid certificates of approval for means of

transport and valid certificates of competence for drivers and attendants.

5. If the conditions provided for in paragraph 4 are not met, the competent authority

shall require the organiser to change the arrangements for the intended journey so

that it complies with this Regulation.

6. Competent authorities shall ensure that journey logs for long journeys and short

journeys to third countries are retained in TRACES for a maximum period of 6 years

for subsequent official controls in accordance with Article 21 of Regulation (EU)

2017/625.

Article 16

Journey log for short journeys within the Union

1. For short journeys within the Union, organisers shall complete in TRACES the

journey log as set out in point 2 of Annex III.

2. Journey logs for short journeys within the Union shall be retained in TRACES for a

period 6 years for subsequent official controls in accordance with Article 21 of

Regulation (EU) 2017/625.

Article 17

Obligations for keepers prior to the journey

1. Keepers at the place of departure shall be responsible for ensuring that the animals to

be loaded on the means of transport are fit for transport.

For pregnant animals, the keeper at the place of departure shall indicate in the

journey log the date of insemination or the presumptive date of natural service.

2. Loading of animals on means of transport shall be supervised by a veterinarian.

EN 43 EN

CHAPTER V

OBLIGATIONS DURING TRANSPORT AND AT THE PLACE

OF DESTINATION

Article 18

General obligations for transporters

1. The transporter shall transport animals in accordance with this Regulation, in

particular the relevant rules for the transported species set out in Annex I for

terrestrial animals and in Annex II for aquatic animals, until arrival at the place of

destination in the Union or in a third country.

2. The transporter shall be responsible for the fitness for transport of the animals from

loading of the animals at the place of departure to the unloading of the animals at the

place of destination.

3. For transport by road or rail, the transporter shall entrust the handling of animals to

drivers and attendants who have the certificate of competence referred to in Article

38.

4. For transport by road or rail, the transporter shall ensure that an attendant

accompanies all consignments 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.

5. For transport by road or rail for which a leg of the journey includes transport by a

roll-on-roll-off vessel, the transporter and the person responsible for loading the

vehicles onto the vessel shall ensure that the vessel complies with the requirements

set out in point 3 of Chapter II of Annex 1.

Article 19

Obligations for organisers, transporters, drivers and attendants during transport by road or

rail

1. The driver or attendant shall check on the animals at least every 4,5 hours to assess

their welfare and fitness for transport.

2. The driver and attendant shall immediately notify the transporter and organiser in

accordance with the procedures defined in the contingency plan referred to in Article

8 of any serious event that may negatively affect the welfare of the animals. The

organiser shall transmit the information to the relevant competent authority.

3. The transporter shall be responsible for any animal that becomes unfit for transport

during the journey due to the inappropriate performance by the attendant or driver of

his or her tasks.

4. During transfers from one means of transport to another, the driver or attendant shall

ensure compliance with the technical rules set out in Chapters I and III of Annex I in

respect of the animals being transported.

EN 44 EN

Article 20

Obligations for keepers at assembly centres, control posts and places of destination

1. Keepers of animals kept at assembly centres, control posts and places of destination

shall ensure compliance with the technical rules set out in Points 1 to 3 of Chapter I

of Annex I and in Point 4 of Annex II where applicable.

2. Keepers at assembly centres or at control posts shall record the condition in which

the animals have arrived and shall complete and sign in TRACES section 3 of the

journey log as set out in point 1 of Annex III.

Article 21

Animal welfare officer on livestock vessels

1. For a journey by livestock vessel, the transporter shall designate an animal welfare

officer who is trained and holds a certificate of competence in accordance with

Article 38.

2. The animal welfare officer shall report to and operate under the direct authority of

the transporter and shall report directly to them and the organiser on matters relating

to animal welfare.

3. The animal welfare officer shall be responsible for:

(a) caring for the animals and checking them at least twice a day to assess their

welfare and fitness for transport, and taking appropriate measure to maintain

their welfare;

(b) notifying the competent authority at place of departure and the organiser in

accordance with the procedures defined in the contingency plan referred to in

Article 8 point (3)(b)(iii) of any serious event that may negatively affect the

welfare of the animals;

(c) ensuring compliance with Regulation No 1099/2009, when animals are killed

during the journey at sea to put an end to their suffering.

4. The organiser shall inform the captain of the livestock vessel of the responsibilities of

the animal welfare transport officer laid down in paragraph 3.

Article 22

Assembly centres

1. Operators of assembly centres shall provide their staff with training courses on the

technical rules set out in Point 1 of Chapters I and III of Annex I.

2. Operators of assembly centres shall:

(a) entrust the handling of animals only to personnel who have completed training

courses on the relevant technical rules set out in Annex I;

(b) regularly inform staff and other persons admitted to the assembly centre of

their duties and obligations under this Regulation and of the penalties for any

infringement of this Regulation;

(c) make permanently available to staff and other persons admitted to the

assembly centre the contact details of the competent authority to which any

infringement of this Regulation is to be notified;

EN 45 EN

(d) in case of infringement of this Regulation by any person present at an

assembly centre, take the necessary measures to remedy the infringement and

prevent its recurrence, without prejudice to any action taken by the competent

authority;

(e) adopt, monitor and enforce the internal rules necessary to ensure compliance

with points (a) to (d).

3. An assembly centre shall not be indicated as the place of destination in the journey

log referred to in Articles 15 and 16.

Article 23

Delay during transport

1. Organisers and, when relevant, the competent authority shall take the necessary

measures to prevent or reduce to a minimum any delay during transport.

2. Competent authorities shall ensure that special arrangements are made at places of

departure, assembly centres, control posts, establishments of destination, exit points

and border control posts to give priority to the transport of animals, including the

provision of fast lanes so that animals are inspected when required, without undue

delays.

Article 24

Means of transport positioning systems

1. Means of transport by road shall be equipped with a positioning system

communicating with the information system referred to in paragraph 3 based on the

technical requirements referred to in paragraph 8.

2. The positioning system referred to in paragraph 1 shall record the position of road

vehicles on short intervals and be operational during the journey from the place of

departure until arrival at the place of destination.

3. The records obtained from the positioning systems of the means of transport shall be

kept in an information system accessible to TRACES, established by the

Commission in accordance with paragraph 7.

4. When completing section 1 of the journey log as set out in point 1 of Annex III,

organisers shall set the locations of the following points of the journey:

(a) place of departure;

(b) control posts;

(c) exit point from the Union and border crossings between Member States; and

(d) place of destination.

5. After the completion of the journey, TRACES shall retrieve data from the

information system referred to in paragraph 3 on the time when means of transport

reached the locations as set out in paragraph 4. This information will be stored in

TRACES for the purpose of official controls, including the analysis of completed

journeys.

6. The Commission may use the information referred to in paragraph 5 for the purpose

of preparing the annual reports referred to in Article 114 of Regulation (EU)

EN 46 EN

2017/625, after anonymisation of the personal data, and for the purpose of

organising audits in the Member States.

7. By [3 years from the date of entry into force of this Regulation], the Commission

shall develop the information system referred to in paragraph 3.

8. By [3 years from the date of entry into force of this Regulation], the Commission

shall, by means of implementing acts, establish the necessary technical protocols to

enable the positioning systems referred to in paragraph 1 to communicate the

position of the vehicle with a defined precision of its geographical location to the

information system referred to in paragraph 3, for the use of the information system

and the protocols for retrieving required information from the information system by

TRACES.

Article 25

Obligations at the place of destination

1. The driver or attendant, and the keeper at the place of destination shall record in

TRACES the date and time of arrival of the animals and their condition, by

completing and signing section 3 of the journey log as set out in point 1 of Annex

III.

In case of disagreement on the condition in which the animals have arrived at the

place of destination between the driver or attendant and the keeper at the place of

destination, or where the journey log indicates that the animals have arrived in bad

condition, the keeper and the driver or the attendant shall record the anomalies

encountered in section 5 of the journey log as set out in point 1 of Annex III.

2. By way of derogation from paragraph 1, the driver or attendant transporting animals

for the purposes of an authorised project under Directive 2010/63/EU shall only

record in TRACES the date and time of arrival.

3. Unloading shall be supervised by a veterinarian.

Article 26

Monitoring of indicators

1. For the purposes of Article 25(1), the driver or attendant and the keeper at the place

of destination shall assess the condition of terrestrial animals on arrival using the

following indicators:

(a) total number of animals;

(b) number of animals dead on arrival in each consignment;

(c) number of animals injured during transport in each consignment;

(d) health and physical problems other than injuries, including when relevant, heat

or cold stress, prolonged thirst, and hunger in a consignment, observed in the

animals.

2. The keeper shall record the findings regarding the indicators provided for in

paragraph 1 in section 3 of the journey log in TRACES.

3. The organiser and the transporter shall monitor the indicators referred to in

paragraph 1 and analyse the information collected upon completion of their

EN 47 EN

transports. When the results of the analysis indicates that the requirements of Article

4 have not been met or when values quantifying the indicators exceed the thresholds

established by the Commission in accordance with paragraph 5, they shall take

corrective actions.

4. The Commission shall adopt implementing acts in accordance with Article 49

establishing the health and physical issues to be monitored in accordance with of

paragraph 1, point (d), as well as the methods to be used when quantifying the

indicators referred to in paragraph 1.

5. The Commission may, based on the advice from the European Food Safety

Authority (‘EFSA’), adopt delegated acts in accordance with Article 48 establishing

the thresholds requiring corrective actions to be taken.

CHAPTER VI

CONDITIONS FOR TRANSPORT OF TERRESTRIAL

ANIMALS

Article 27

Journey times, rest periods, feeding and watering intervals during transport of adult

terrestrial animals by road and rail for long journeys

1. Without prejudice to stricter rules on journey times laid down in this Chapter and in

Chapter V of Annex I, long journeys for the transport by road or rail of terrestrial

animals other than domestic birds and rabbits, for a purpose other than slaughter,

shall fulfil the following conditions:

(a) the journey consists of a maximum of two parts, each of them not exceeding

21 hours, after which time the animals shall reach the place of destination;

(b) after the first 21 hours from the start of the journey, and if the animals have not

yet reached the place of destination, they are unloaded for a rest period of at

least 24 hours at a control post before the transport may continue;

(c) both parts of the journey referred to in point (a) include rest periods of at least

1 hour after a maximum of 10 hours; during the rest period, the animals shall

remain on the stationary means of transport;

2. For long journeys, the requirements set out in Chapter VI of Annex I shall apply.

3. The transport by road of domestic birds and rabbits for a purpose other than

slaughter shall follow the specific rules laid down in point 2 of Chapter V of

Annex I.

4. Terrestrial animals, other than domestic birds and rabbits, shall be offered water and

feed in regular intervals, as laid down in Chapter V of Annex I.

5. For transport by rail, paragraph (1), point (c) shall not apply.

6. Paragraphs (1) to (5) shall not apply to animals transported in bio-secure transports

for the purposes of an authorised project or breeding under Directive 2010/63/EU.

EN 48 EN

Article 28

Journey times and rest periods for transport of terrestrial animals to slaughter by road or

rail

1. Transport of terrestrial animals other than domestic birds and rabbits, to slaughter

shall only be carried out in short journeys.

2. When, within the Union, no slaughterhouses adapted for slaughter of the species and

categories of animals referred to in paragraph 1 can be reached within a short

journey for a specific place of departure, the competent authorities at the place of

departure may grant an authorisation for a long journey to the nearest slaughterhouse

adapted to the species transported.

3. The transport of rabbits and poultry to slaughter shall follow the specific rules for

these species laid down in point 2 of Chapter V of Annex I.

Article 29

Journey times, rest periods, feeding and watering of unweaned calves, lambs, kids, piglets

and foals

1. The journey time for the transport by road of unweaned calves, lambs, kids, piglets

and foals shall not exceed 8 hours.

2. By way of derogation from paragraph 1, provided the means of transport is equipped

with a feeding system approved in accordance with paragraph 5, unweaned calves,

lambs, kids, piglets and foals may be transported for a maximum of 9 hours, after

which a rest period of at least an hour without unloading shall take place before

resuming the journey for a maximum of another 9 hours.

3. Where parts of a journey for transport of unweaned calves, lambs, kids, piglets and

foals takes place at sea, that part of the journey shall not be counted as part of the

journey time.

4. Unweaned calves, lambs, kids, piglets and foals shall be provided with water ad

libitum and be fed species-specific milk or appropriate milk replacement at 9-hour

intervals counted from the start of the journey and regardless of the means of

transport in which they are being transported.

5. A manufacturer of a feeding system referred to in paragraph 2, established in the

Union or, if established in a third country, represented in the Union, may submit an

application to the Commission for the approval of the feeding system.

6. The Commission shall, by means of implementing acts in accordance with Article

49, approve the feeding system referred to in paragraph 2, provided that there is

scientific and technical evidence that the feeding system allows all unweaned calves,

lambs, kids, piglets and foals on board to be fed, during the journey, milk or milk

replacers at body temperature and appropriate hygiene level.

Article 30

Journeys by road to and from livestock vessels and roll-on roll-off vessels for transport of

terrestrial animals other than domestic birds and rabbits

1. Journey times for transport of terrestrial animals other than domestic birds and

rabbits which include a part of the journey at sea where consignments from different

EN 49 EN

places of origin are transported, shall be counted from the loading of the animals at

the place of departure the farthest away in driving time from the port of loading. The

counting of the journey time shall be suspended from the moment the last animal is

loaded on the vessel until the moment the first animal is unloaded at the port of

arrival.

2. Feeding times on board shall follow the specific rules laid down in point 1 of

Chapter V of Annex I.

Article 31

Journey times and conditions for transport of terrestrial animals other than domestic birds

and rabbits by road and rail in extreme temperatures

1. The organiser, when submitting the journey log in TRACES, and the competent

authority when approving the journey log, shall take into consideration the

temperature forecast at the place of departure, the place of destination and, when

relevant, the place of the control post, at the time animals are expected to be at those

places. For consignments transported to third countries, the organiser shall also take

into consideration the temperature forecast at the exit point or the border control post

of the third country.

2. For transport of terrestrial animals by road, except for dogs and cats:

(a) when the temperature forecast indicates temperatures below 0°C, road vehicles

shall be covered and air circulation in the animal compartment controlled to

protect animals from exposure to windchill during the journey;

(b) when the temperature forecast indicates temperatures below -5°C, in addition

to the measures in point (a), the journey time shall not exceed 9 hours;

(c) when the temperature forecast indicates temperatures between 25°C and 30°C,

the journey time during the period between 10h00 and 21h00 shall not exceed

9 hours;

(d) when the temperature forecast indicates temperatures above 30°C, only

journeys taking place fully between 21h00 and 10h00 shall be allowed.

(e) when the temperature forecast indicates temperatures above 30°C between

21h00 and 10h00, the space allowance for the animals shall be increased by

20%.

3. Dogs and cats shall be transported in a compartment with an ambient temperature

ranging between 20 and 25 °C and with a humidity between 30 and 70%.

4. Paragraphs (1) to (3) shall not apply to animals transported in bio-secure transports

for the purposes of an authorised project or breeding under Directive 2010/63/EU.

5. For the purposes of paragraph 1, Member States shall, by the date of application of

this Regulation, include the link to their designated temperature forecast body in

TRACES to share the temperature forecast to all competent authorities and

operators.

For transport of animals to a third country, the expected temperatures at locations in

third countries shall be determined using the designated temperature forecast body

of the place of departure.

EN 50 EN

CHAPTER VII

TRANSPORT TO AND FROM THIRD COUNTRIES

Article 32

Obligations concerning the transport of animals to third countries

1. Organisers may only make arrangements for the transport of animals to third

countries if they hold an authorisation granted in accordance with Article 5.

2. Organisers shall complete section 1 of the journey log as set out in point 1 of Annex

III in accordance with Article 15 for both short and long journeys and ensure that

transporters and keepers at the place of destination complete the sections of the

journey log that concern them.

3. For journeys which include transport by livestock vessel, the organiser shall ensure

that the competent authority at the third country of destination has completed, signed

and stamped the attestation set out in Annex IV and transmitted it to the competent

authority at the place of departure. The competent authority shall not approve the

journey log if this attestation is not provided.

4. Consignments of animals shall only leave the customs territory of the Union through

designated exit points as referred to in Article 39.

Article 33

Certificate for transport of animals to third countries

1. The organiser shall arrange for a certification body to evaluate the first journey to a

place of destination in a third country arranged by the organiser.

2. The certification body shall evaluate whether the following conditions were met

during the first journey referred to in paragraph 1:

(a) the vehicles and vessels comply with the relevant rules of Annex I;

(b) the maximum journey times, special conditions for transport in extreme

temperatures, and rest periods laid down by this Regulation take place as

declared in the journey log;

(c) the space allowances comply with Chapter VII of Annex I;

(d) the animals stay in the declared place of destination at least 7 days or are

slaughtered;

(e) the purpose of the journey is in accordance with the one declared in the

journey log;

(f) for journeys with a leg by livestock vessel, the animals arrive in good

condition at the port of arrival;

(g) the animals are handled in accordance with this Regulation;

(h) if relevant, the control posts used are listed as referred to in Article 34(3);

(i) for transport of aquatic animals, vehicles and transport operations comply with

the rules set out in Annex II.

EN 51 EN

3. If the conditions set out in paragraph 2 are met, the certification body shall issue a

certificate for transport of animals to third countries to the organiser. The certificate

shall be valid for 5 years.

4. The organiser shall transmit the certificate to the competent authority that granted

the authorisation referred to in Article 5.

5. Competent authorities shall register certified organisers in TRACES.

6. If the conditions set out in paragraph 2 are not met, the certification body shall

inform the organiser and the competent authority, who shall suspend the organiser’s

authorisation for transport to third countries in accordance with Article 6(4).

7. Certification bodies shall perform at least two unannounced evaluations of journeys

carried out by the organiser within the 5 years of validity of the certificate, in order

to verify compliance with the conditions listed in paragraph 2.

8. The certification body shall send the reports of the unannounced evaluations to the

organiser and the competent authority and notify them of serious non-compliances

after unannounced inspections. In such cases, the competent authority shall suspend

the organiser’s authorisation for transport to third countries in accordance with

Article 6(4). These unannounced evaluations shall be without prejudice to official

controls carried out under Regulation (EU) 2017/625.

9. The Commission is empowered to adopt implementing acts in accordance with

Article 49 to further establish the elements to be verified by the evaluations and the

frequency of evaluations.

Article 34

Control posts in third countries

1. Rest periods for animals in third countries shall only take place in control posts

meeting requirements at least equivalent to those laid down in Regulation (EC) No

1255/97 and that are included in the list referred to in paragraph 3.

2. Control posts in third countries shall only be included in the list provided for in

paragraph 3 if they are certified by a certification body as having the means to

comply with requirements equivalent to those laid down in Regulation (EC) No

1255/97. The certificate shall be valid for 5 years. The operator of the control post or

the organiser may request the Commission to include the control post in the list

referred to in paragraph 3.

3. The Commission shall approve, by means of implementing acts in accordance with

Article 49, a list of control posts meeting standards that are equivalent to those laid

down in Regulation (EC) No 1255/97. This list shall be made available in TRACES.

4. The Commission shall remove a control post from the list referred to in paragraph 3

when, upon evaluation by the certification body or an audit from the Commission,

there is evidence that the control post no longer meets standards equivalent to those

laid down in Regulation (EC) No 1255/97. The procedure referred to in Article 49

shall apply.

EN 52 EN

Article 35

Animals entering into the Union

1. Transporters who transport animals to the Union shall:

(a) ensure that the animals are transported in compliance with this Regulation, or

under conditions recognised by the Union to be equivalent to those set out in

this Regulation, from the place of departure in the third country until the place

of destination in the Union;

(b) complete the journey log in TRACES, as set out in point 1 of Annex III,

specifying in particular the place, date and time of departure in the third

country.

2. The official health certificate accompanying animals entering into the Union from

third countries and territories shall contain an attestation from the competent

authority at the place of departure certifying that the planning of the journey

complies with requirements at least equivalent to those of this Regulation.

3. For long journeys, the competent authority at the place of departure in the third

country shall review and approve the journey log prior to departure, in TRACES.

Article 36

Animals transiting through the Union territory

When animals are transported from a place of origin in a third country to a place of

destination in the same or another third country and transit through the Union territory,

operators shall ensure that the rules of this Regulation are complied with during the part of

the journey taking place on the Union territory, except for the provisions on maximum

journey times set out in Article 27 paragraphs (1), (2) and (3), Article 28, Article 29

paragraphs (1) and (2), and point 2.2 of Chapter V of Annex I.

CHAPTER VIII

OBLIGATIONS OF COMPETENT AUTHORITIES

Article 37

Trainings

1. For the purposes of Article 10, Member States shall designate the competent

authority responsible for:

(a) ensuring that training courses are available for drivers, attendants and animal

welfare officers involved in the transport of animals relevant to species and the

categories of animals concerned;

(b) keeping a list of approved training courses available to drivers, attendants and

animal welfare officers responsible for animal welfare during transport;

(c) organising an independent final examination to test the drivers’, attendants’

and animal welfare officers’ knowledge, the content of which shall be relevant

for the categories of animal concerned and shall correspond to the stage of

transport concerned;

(d) delivering certificates of competence attesting the passing of the independent

final examination;

EN 53 EN

(e) determining the content of the training courses referred to in point (a) and the

modalities of the examination referred in point (b).

2. The training courses referred to in paragraph 1 shall cover at least the following

competences, knowledge and skills:

(a) the animal welfare obligations, in particular those set out in Annexes I and II;

(b) the species-specific behaviour of animals and their physiological and

ethological needs during a journey;

(c) ways to minimise animal welfare risks during a journey;

(d) recognition of expressions of animals’ positive and negative emotions,

including any sign of suffering during a journey;

(e) use and maintenance of equipment used for animals accommodated in the

means of transport;

(f) methods for monitoring indicators in accordance with Article 26; and

(g) contingency plans in Article 8.

Article 38

Certificate of competence

1. The competent authority shall grant a certificate of competence in TRACES

provided that the following conditions are fulfilled:

(a) the applicant has successfully passed the final examination referred to in

Article 37(1), point (c);

(b) the applicant has provided a written declaration stating that he/she has not

committed a serious infringement as provided for in Article 44 in the 3 years

preceding the date of the application for that certificate.

2. The competent authority shall not grant the certificate of competence if another

competent authority has prohibited the applicant from handling animals.

3. The certificate of competence shall include the information set out in Section 4 of

Annex V. It shall be valid for a period of not more than 5 years from the date of

issue.

4. Member States shall recognise valid certificates of competence granted in another

Member State.

5. Member States may recognise qualifications obtained for other purposes as

equivalent to certificates of competence for the purposes of this Regulation,

provided they have been obtained under conditions equivalent to those laid down in

this Article. The competent authorities shall make publicly available and keep up to

date, via the Internet, a list of qualifications recognised as equivalent to the

certificate of competence.

6. Competent authorities shall withdraw in TRACES a certificate of competence

granted under this Regulation where the person holding that certificate no longer

shows sufficient competence, knowledge or awareness of his/her tasks.

EN 54 EN

Article 39

Designation of exit points

Member States shall:

(a) designate the exit points through which transport of animals to third countries may

take place;

(b) record the designated exit points on their territory in TRACES and regularly update

this information.

This information shall be publicly available in TRACES.

Article 40

Livestock vessel inspection on loading and unloading

1. Before animals are loaded onto a livestock vessel, the competent authority shall

inspect the vessel 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;

(d) the livestock vessel’s ship risk profile rating is standard risk or low risk

according to the Paris Memorandum of Understanding on port State control.

2. Before animals are loaded onto or unloaded from a livestock vessel, the competent

authority shall inspect the vessel to verify that:

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

(b) loading/unloading operations are being carried out in compliance with point 2

of Chapter III of Annex I;

(c) feed and water arrangements are in accordance with point 2 of Chapter IV of

Annex I.

Article 41

Liaison Bodies on protection of animals during transport

1. Liaison bodies on protection of animals during transport, designated in accordance

with Article 103(1) of Regulation (EU) 2017/625, shall, in addition to the tasks and

responsibilities provided for in Regulation (EU) 2017/625, have the following tasks:

(a) the provision of mutual assistance to facilitate a smooth application of this

Regulation, including delays in the transport or rejections of consignments by

third countries of animals transported by road, rail or vessel;

(b) the exchange of advice and best practices regarding compliance with this

Regulation.

EN 55 EN

2. The Commission shall organise regular meetings of the network of liaison bodies

referred to in paragraph 1, for the purpose of facilitating a uniform enforcement of

this Regulation within the Union.

CHAPTER IX

SANCTIONS

Article 42

Measures and sanctions to ensure compliance

Without prejudice to the application of Regulation (EU) 2017/625, Member States shall lay

down the rules on measures and sanctions against the natural person having committed, or the

legal person held liable for, an infringement of this Regulation. In particular, Member States

shall systematically:

(a) investigate suspected infringements in order to confirm or eliminate the suspicion;

(b) take appropriate measures, when an infringement is detected, including to bring the

infringement to an end; and

(c) apply sanctions in accordance with this Chapter and with Regulation (EU) 2017/625

against the natural person having committed or legal person held liable for the

infringement of this Regulation.

Article 43

Sanctions for infringements of this Regulation

1. Without prejudice to the application of Regulation (EU) 2017/625, Member States

shall ensure that a natural person having committed or a legal person held liable for

an infringement of this Regulation is subject to administrative sanctions in

accordance with this Regulation, and national law. Alternatively, Member States

may apply criminal sanctions.

2. Member States shall ensure that sanctions applied in accordance with this

Regulation and the relevant provisions of national law are proportionate to the

seriousness of infringements and adequate in severity to effectively punish and deter

further infringements.

3. When determining sanctions, including when fixing the amount of financial

penalties in accordance with paragraph 5, Member States shall take into account the

nature, gravity and extent of the infringement, including the harm to the welfare of

the animals concerned, their number, type, age or vulnerability, the duration of the

infringement, its repetition, and the accumulation of simultaneous infringements and

if the infringement was committed deliberately or by negligence.

4. The following shall be considered aggravating circumstances:

(a) infringements perpetrated though fraudulent or deceptive practices, or using

documents/certificates that are falsified or known to be invalid;

(b) deliberately making false or misleading declarations in journey logs.

5. In the case of a serious infringement, Member States shall ensure that the serious

infringement is punishable by administrative financial penalty of which the

minimum shall be at least the value of the consignment. In the case of a repeated

EN 56 EN

serious infringement within a three-year period, Member States shall ensure that the

serious infringement is punishable by administrative financial penalties, of which the

minimum shall be at least twice the value of the consignment.

Member States may take into account the economic situation of the natural person

having committed or legal person held liable for the infringement to ensure the

deterrence of sanctions. For that purpose, Member States may, in accordance with

national law, apply a system whereby a financial penalty is imposed which is

calculated as a percentage of the turnover of the operator being held liable for the

infringement.

Article 44

Serious infringements

The following infringements shall be considered serious when committed deliberately or

negligently:

(a) animals with severe open wounds, prolapses and broken limbs are transported;

(b) animals are transported before the minimum age for transport;

(c) the vertical height provided to animals transported is less than 80% of the

requirements for vertical height set out in point 6 of Chapter III of Annex I;

(d) the space allowance for animals transported is less than 80% of the requirements for

space allowances set out in Chapter VII of Annex I;

(e) the journey time exceeds the maximum journey time by 30%, excluding rest periods;

(f) aquatic animals are transported without monitoring of water parameters in

accordance with Annex II;

(g) animals are transported for long journeys without an organiser authorisation, a

transporter authorisation, a certificate of approval for a means of transport, or a

certificate of competence of driver or attendant;

(h) animals are transported for long journeys without an approval by the competent

authority of the journey log;

(i) animals are transported with a destination in a third country without a valid

certificate for transport of animals to third countries in accordance with Article 33.

Article 45

Other sanctions

1. The sanctions provided for in this Chapter are without prejudice to other sanctions

that may be taken by competent authorities in the event of an established

infringement, in particular:

(a) the immobilisation of the vehicle or livestock vessel involved in the

infringement;

(b) the confiscation of the vehicle or livestock vessel or the animals transported;

(c) the suspension or withdrawal of the organiser or transporter authorisation;

(d) the suspension or cessation of all or part of the economic activities of the

operator related to the transport of animals.

EN 57 EN

2. Member States shall determine the duration of the sanctions referred to in paragraph

1.

CHAPTER X

PROCEDURAL PROVISIONS

Article 46

Report on the state of animal welfare in transport

1. Based on the data recorded in TRACES in accordance with Article 26 and any other

relevant data, the Commission shall publish by [5 years after the date of entry into

force of this Regulation] and thereafter every 5 years, a monitoring report on the

state of animal welfare with regard to transport in the Union.

2. For the purpose of the reporting referred to in paragraph 1, Member States shall

provide the Commission with the information necessary for the preparation of this

report.

Article 47

Amendment of Annexes

1. The Commission is empowered to adopt delegated acts in accordance with Article

48 to update the technical rules contained in Annex I, Chapters I, II, V and VII, and

Annex II in order to take into account technical progress and scientific developments

when available, including scientific opinions of the EFSA, and of social, economic

and environmental impacts, with regards to:

(a) the design and maintenance of means of transport;

(b) the handling equipment;

(c) the water requirements, including maximum levels for water parameters, and

water monitoring requirements;

(d) feeding requirements;

(e) fitness for transport;

(f) loading and unloading practices;

(g) handling during and after transport activities;

(h) conditions on board roll-on roll-off vessels and transport by air;

(i) transport practices;

(j) space allowance and stocking density requirements.

2. The Commission is empowered to adopt implementing acts in accordance with

Article 49 to update the templates for journey logs in Annex III and the model of

attestation in Annex IV.

Article 48

Exercise of delegation

1. The power to adopt delegated acts is conferred on the Commission subject to the

conditions laid down in this Article.

EN 58 EN

2. The power to adopt delegated acts shall be conferred on the Commission for a period

of 5 years from the date of entry into force of this Regulation. The delegation of

power shall be tacitly extended for periods of an identical duration, unless the

European Parliament or the Council opposes such extension not later than 3 months

before the end of each period.

3. The delegation of power referred to in paragraph 2 may be revoked at any time by

the European Parliament or by the Council. A decision to revoke shall put an end to

the delegation of power specified in that decision. It shall take effect the day

following the publication of the decision in the Official Journal of the European

Union or at a later date specified therein. It shall not affect the validity of any

delegated acts already in force.

4. Before adopting a delegated act, the Commission shall consult experts designated by

each Member State in accordance with the principles laid down in the

Interinstitutional Agreement of 13 April 2016 on Better Law-Making.

5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously

to the European Parliament and to the Council.

6. A delegated act adopted pursuant to paragraph 2 shall enter into force only if no

objection has been expressed either by the European Parliament or the Council

within a period of two months of notification of that act to the European Parliament

and to the Council or if, before the expiry of that period, the European Parliament

and the Council have both informed the Commission that they will not object. That

period shall be extended by two months at the initiative of the European Parliament

or of the Council.

Article 49

Committee procedure

1. The Commission shall be assisted by the Standing Committee on Plants, Animals,

Food and Feed established by Article 58(1) of Regulation (EC) No 178/2002. That

committee shall be a committee within the meaning of Regulation (EU) No

182/2011.

2. Where reference is made to this paragraph, Article 5 of Regulation (EU) No

182/2011.

3. Where the committee delivers no opinion, the Commission shall not adopt the draft

implementing act and of Article 5(4), third subparagraph of Regulation (EU) No

182/2011 shall apply.

Article 50

Implementing powers concerning documents

The Commission may, by means of implementing acts in accordance with Article 49, lay

down rules for the uniform application of Articles 6, 9, 12, 13 and 38 concerning rules for the

issuance of electronic authorisations, certificates and journey logs and for the use of

electronic signature.

EN 59 EN

CHAPTER XI

OTHER PROVISIONS

Article 51

Data protection in the context of authorisations, journey logs, real-time tracking positioning

systems and certificates

1. For the authorisations referred to in Chapter II, the journey logs referred to in

Chapter IV and the certificates referred to in Chapter VIII, the Commission and

Member States shall be joint controllers in the meaning of Article 28 of Regulation

(EU) 2018/1725 and Article 26 of Regulation (EU) 2016/679, pursuant to Article 11

of Implementing Regulation (EU) 2019/1715.

2. For the purposes of the real-time tracking positioning systems referred to in Article

24, the Commission shall be the controller in the meaning of Article 3(8) of

Regulation (EU) 2018/1725.

3. The data recorded in the information system referred to in Article 24(3) shall only be

accessible to the Commission, for the purpose of retrieving the information referred

to Article 24(5) in TRACES.

4. In addition to the categories of data processed pursuant to Article 10 of

Implementing Regulation (EU) 2019/1715, the data gathered by means of the real-

time positioning system referred to in Article 24 and the data in the journey log

related to the name and telephone number of the driver shall also be processed for

the only purpose of performing official controls and other official activities as

defined in Article 2 of Regulation (EU) 2017/625.

5. The recording of positioning data on short period intervals shall be retained in the

information system referred to in Article 24(3) for a period of 6 years.

6. The personal data related to the authorisations referred to in Chapter II and the

certificates referred to in Chapter VIII shall be retained by TRACES throughout the

validity of those authorisations and certificates and for a period of 6 years after their

expiry or withdrawal.

Article 52

Stricter national measures

This Regulation shall not prevent Member States from adopting stricter national measures

aimed at improving the protection of animals during transport that takes place entirely within

the territory of a Member State, or during transport that takes place exclusively between a

place of departure in the territory of a Member State and a place of destination in a third

country, provided those measures do not interfere with the proper functioning of the internal

market.

Member States shall inform the Commission about such national rules before their adoption.

The Commission shall bring them to the attention of the other Member States.

EN 60 EN

Article 53

Mobile application

1. By [5 years from the date of entry into force of this Regulation], the Commission shall

develop and make available to operators and competent authorities a mobile application

allowing the performance of administrative tasks in relation to the transport of animals. The

application shall have at least the following functionalities connected to TRACES:

(a) creation and update of sections of a journey log by registered TRACES users;

(b) submission of a journey log for approval;

(c) calculation of required space allowance;

(d) tools to check of fitness for transport;

(e) tools to check the weather forecast.

2. By [5 years after the date of entry into force of this Regulation] the Commission

shall, by means of implementing acts in accordance with Article 49, lay down

detailed specifications for the development of the application referred to in

paragraph 1.

Article 54

Reporting and evaluation

1. By [10 years after the date of entry into force of this Regulation], the Commission

shall carry out an evaluation of this Regulation and present a report on the main

findings to the European Parliament, the Council, the European Economic and

Social Committee, and the Committee of the Regions.

2. For the purpose of the reporting referred to in paragraph 1, Member States shall

provide the Commission with the information necessary for the preparation of this

report.

Article 55

Derogation

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.

CHAPTER XII

TRANSITIONAL AND FINAL PROVISIONS

Article 56

Repeals

1. Council Regulation (EC) No 1/2005 is repealed.

2. References to the repealed Regulation shall be construed as references to this

Regulation and read in accordance with the correlation table in Annex VI.

EN 61 EN

Article 57

Amendments to Council Regulation (EC) No 1255/97

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

In Article 3, the following point is added:

‘(e) be equipped for the species and categories of animals they accommodate;

(f) be of a size sufficient to accommodate at least a truck load of animals while

respecting the space allowances laid down in Council Directives

2008/119/EC60 and 2008/120/EC61.’

In Article 5, the following point is added:

‘(j) to keep a booking system in TRACES allowing organisers to see and book

slots available.’

Article 58

Transitional provision

Point (2)(e) of Chapter I of Annex I, Chapter V of Annex I, point 3.1. of Chapter VI of

Annex I and Chapter VII of Annex I to Council Regulation (EC) No 1/2005 shall continue to

apply until the date of application of point 1 (h) of Chapter I of Annex I, Articles 27 to 30 and

Chapter VII of Annex I to this Regulation.

Article 59

Entry into force and application

1. This Regulation shall enter into force on the twentieth day following that of its

publication in the Official Journal of the European Union.

2. It shall apply as from 2 years from the date of entry into force of this Regulation,

unless otherwise provided for in paragraphs 3 and 4.

3. Article 13(2), point (d), Article 44(5), Article 44, point 10 of Chapter I of Annex I,

point 2.5. of Chapter II of Annex I and point 3.3 of Chapter V of Annex I shall apply

from 3 years from the date of entry into force of this Regulation.

4. Article 24, paragraphs 1 to 4, Article 51, Articles 27 to 30, Chapter VII, Point 1(h)

of Chapter I of Annex I, and Chapter VII of Annex I shall apply from 5 years from

the date of entry into force of this Regulation.

60 Council Directive 2008/119/EC of 18 December 2008 laying down minimum standards for the

protection of calves, OJ L 10, 15.1.2009, p. 7. 61 Council Directive 2008/120/EC of 18 December 2008 laying down minimum standards for the

protection of pigs, OJ L 47, 18.2.2009, p. 5.

EN 62 EN

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

Done at Brussels,

For the European Parliament For the Council

The President The President

EN 1 EN

LEGISLATIVE FINANCIAL STATEMENT

1. FRAMEWORK OF THE PROPOSAL/INITIATIVE

1.1. Title of the proposal/initiative

1.2. Policy area(s) concerned

1.3. The proposal/initiative relates to:

1.4. Objective(s)

1.4.1. General objective(s)

1.4.2. Specific objective(s)

1.4.3. Expected result(s) and impact

1.4.4. Indicators of performance

1.5. Grounds for the proposal/initiative

1.5.1. Requirement(s) to be met in the short or long term including a detailed timeline for

roll-out of the implementation of the initiative

1.5.2. Added value of Union involvement (it may result from different factors, e.g.

coordination gains, legal certainty, greater effectiveness or complementarities). For

the purposes of this point 'added value of Union involvement' is the value resulting

from Union intervention, which is additional to the value that would have been

otherwise created by Member States alone.

1.5.3. Lessons learned from similar experiences in the past

1.5.4. Compatibility with the Multiannual Financial Framework and possible synergies

with other appropriate instruments

1.5.5. Assessment of the different available financing options, including scope for

redeployment

1.6. Duration and financial impact of the proposal/initiative

1.7. Method(s) of budget implementation planned

2. MANAGEMENT MEASURES

2.1. Monitoring and reporting rules

2.2. Management and control system(s)

2.2.1. Justification of the management mode(s), the funding implementation mechanism(s),

the payment modalities and the control strategy proposed

2.2.2. Information concerning the risks identified and the internal control system(s) set up

to mitigate them

2.2.3. Estimation and justification of the cost-effectiveness of the controls (ratio of "control

costs ÷ value of the related funds managed"), and assessment of the expected levels

of risk of error (at payment & at closure)

2.3. Measures to prevent fraud and irregularities

3. ESTIMATED FINANCIAL IMPACT OF THE PROPOSAL/INITIATIVE

EN 2 EN

3.1. Heading(s) of the multiannual financial framework and expenditure budget

line(s) affected

3.2. Estimated financial impact of the proposal on appropriations

3.2.1. Summary of estimated impact on operational appropriations

3.2.2. Estimated output funded with operational appropriations

3.2.3. Summary of estimated impact on administrative appropriations

3.2.3.1. Estimated requirements of human resources

3.2.4. Compatibility with the current multiannual financial framework

3.2.5. Third-party contributions

3.3. Estimated impact on revenue

EN 3 EN

1. FRAMEWORK OF THE PROPOSAL/INITIATIVE

1.1. Title of the proposal/initiative

Proposal for a Regulation of the European Parliament and of the Council on the

protection of animals during transport and related operations, amending Council

Regulation (EC) No 1255/97 repealing Regulation (EC) No 1/2005

1.2. Policy area(s) concerned

Heading 1: Single Market, Innovation and Digital

1.3. The proposal/initiative relates to:

 a new action

 a new action following a pilot project/preparatory action62

✓ the extension of an existing action

 a merger or redirection of one or more actions towards another/a new action

1.4. Objective(s)

1.4.1. General objective(s)

The proposal aims to improve the protection of animals during transport,

contributing both to higher welfare and to more sustainable food production.

1.4.2. Specific objective(s)

Specific objective No

To update the current conditions for transporting animals in light of the latest

scientific and technological progress in order to ensure higher level of welfare and

better quility of the food from animal origin.

Contribute to a better and harmonised enforcement of the animal transport rules at

EU level, strengthening the official controls related to the protection of animals

during transport and digitalising the whole process for transporting animals in order

to reduce the adminitsrtative burden for the operators and the competent authorties.

1.4.3. Expected result(s) and impact

Specify the effects which the proposal/initiative should have on the beneficiaries/groups targeted.

Specific objective 1

-Reduced journey times

-Better harmonised and unified approach for the calculation of journey times for

animals for slaughter and the five main farmed animal species

-Increased space allowance

-CleareCC learer and more specific conditions for different species and categories of animals

-Improved conditions for transporting of vulnerable categories of animals such as

pregnant animals, unweaned calves or end of carer laying hens

62 As referred to in Article 58(2)(a) or (b) of the Financial Regulation.

EN 4 EN

-Improvement of the conditions of livestock vessels

-External certification on compliance beyond Union borders

-Stricter conditions for exporting animals from EU to third countries

- New and more specific requirements for the transport of dogs and cats and aquatic

animals

- Clearer rules for reducing the exposure of animals during transport to extreme

temperatures (i.e. very low or extremely high)

Specific objective 2

-Reduce internal market distortions

-Modernising the information-sharing tools

-Digitalising the whole process and reduce the paperwork and administrative burden

-Harmonised approach for sanctioning system and common understanding of the

level of severity of non-compliances

-Live time tracking system ensuring better response in case of incidents during

transport

1.4.4. Indicators of performance

Specify the indicators for monitoring progress and achievements.

Specific objective 1:

-Duration of journey times

-Number and percentage of animals injured during transport

-Number and percentage of animals with health-related and physical state-related

issues (heat or cold stress, prolonged thirst and hunger)

- Number and percentage of animals dead on arrival

- Number of transports of animals

-Less non-compliances

Specific objective 2:

-Use of a digital app based on TRACES to be developed.

1.5. Grounds for the proposal/initiative

1.5.1. Requirement(s) to be met in the short or long term including a detailed timeline for

roll-out of the implementation of the initiative

The proposal aims at improving animal welfare and facilitate a harmonised level of

enforcement and compliance. The proposal updates rules on the welfare of animals

during transport in accordance with the latest scientific and technological progress

with the aim to improve welfare of animals and ensure fair competition for business

operators. TRACES would be further developed to address all certifications,

authorisations and approvals electronically, allowing all comeptent authorities in the

EU to access the relevant data for the transport of animals. In addition, live tracking

of road vehicles will be available in TRACES to better monitor that journey times

are respected.

EN 5 EN

The need for financial resources starts in 2024 with a study on modalities for the use

of new technologies and digitalization to facilitate the implementation and

enforcement of rules on animal welfare during transport. The following years would

be dedicated to the design of these tools and their maintenance.

1.5.2. Added value of Union involvement (it may result from different factors, e.g.

coordination gains, legal certainty, greater effectiveness or complementarities). For

the purposes of this point 'added value of Union involvement' is the value resulting

from Union intervention, which is additional to the value that would have been

otherwise created by Member States alone.

Since the adoption of the Transport Regulation, science has evolved, technology

allows for a more efficient implementation of rules and EU citizens are paying

increasing attention to animal welfare. Member States often have challenges with the

interpretations of the same provisions, often leading to an different level of

enforcement of the transport rules across Members States. In addition, Member

States have adopted their own rules on welfare matching their new requirements to

the latest science avialable. This implies distortions on the internal market and the

level playing field for all actors involved.

This proposal brings to the transport the most recent scientific advice, contributes to

both the trade of animals and food of animal origin respecting a level playing field

and to improve across the EU the welfare of the livestock. The internal market would

be improved, and the EU high values on animal welfare would be easier promoted at

global level.

1.5.3. Lessons learned from similar experiences in the past

The fitness check (evaluation) carried out on the EU animal welfare legislation

shows that significant developments in science and technology, new societal trends

and sustainability challenges are not fully reflected in the current regulation. Member

States have addressed these disparities in science through national legislation,

contributing to an uneven level playing field across the Union.

In addition, the current transport rules have proven to be difficult to implement and

enforce, leading to a fragmented level of animal welfare and an uneven playing field

on the EU market.

Exchanges with competent authorities form Member States, different stakeholders,

results from Commission audits and better practices identified by national experts

show that clearer rules and responsibilities are needed to facilitate a harmonised

implementation and enforcement across the Union.

1.5.4. Compatibility with the Multiannual Financial Framework and possible synergies

with other appropriate instruments

The Regulation is to be part of the Food Strand of the Single Market Programme and

will work in synergy with the Common Agriculture Policy. While this proposal will

tend to promote animal welfare through consumers’ demand, the CAP possesses

various instruments to improve animal welfare of food producing animals through

subsidies to producers (ecoschemes, rural development measures on animal welfare,

investments, training, advisory services, quality schemes, etc.).

EN 6 EN

1.5.5. Assessment of the different available financing options, including scope for

redeployment

The costs will be supported from Single Market Programme - Food Strand given that

the objectives of this regulation contribute to one of the key objectives of the

programme, i.e. Sustainable and resilient production of food and to the EU 'Farm to

Fork' targets.

EN 7 EN

1.6. Duration and financial impact of the proposal/initiative

 limited duration

–  in effect from [DD/MM]YYYY to [DD/MM]YYYY

–  Financial impact from YYYY to YYYY for commitment appropriations and

from YYYY to YYYY for payment appropriations.

✓ unlimited duration

– Implementation with a start-up period from 2024 to 2027,

– followed by full-scale operation.

1.7. Method(s) of budget implementation planned63

✓ Direct management by the Commission

– ✓ by its departments, including by its staff in the Union delegations;

– ✓ by the executive agencies

 Shared management with the Member States

 Indirect management by entrusting budget implementation tasks to:

–  third countries or the bodies they have designated;

–  international organisations and their agencies (to be specified);

–  the EIB and the European Investment Fund;

–  bodies referred to in Articles 70 and 71 of the Financial Regulation;

–  public law bodies;

–  bodies governed by private law with a public service mission to the extent that

they are provided with adequate financial guarantees;

–  bodies governed by the private law of a Member State that are entrusted with

the implementation of a public-private partnership and that are provided with

adequate financial guarantees;

–  bodies or persons entrusted with the implementation of specific actions in the

CFSP pursuant to Title V of the TEU, and identified in the relevant basic act.

– If more than one management mode is indicated, please provide details in the ‘Comments’ section.

Comments

[…]

[…]

63 Details of budget implementation methods and references to the Financial Regulation may be found on

the BUDGpedia site: https://myintracomm.ec.europa.eu/corp/budget/financial-rules/budget-

implementation/Pages/implementation-methods.aspx

EN 8 EN

2. MANAGEMENT MEASURES

2.1. Monitoring and reporting rules

Specify frequency and conditions.

The Regulation includes provisions to collect data and yearly indicators of animal

welfare.

The Regulation requires the Member Statest and operators to enter all information in

TRACES and the competent authorities of the Member States to report yearly to the

Commission data for monitoring and evaluation purposes.

2.2. Management and control system(s)

2.2.1. Justification of the management mode(s), the funding implementation mechanism(s),

the payment modalities and the control strategy proposed

In accordance with the governance statement of the European Commission, DG

Health and Food Safety (SANTE) conducts its operations in compliance with the

applicable laws and regulations, working in an open and transparent manner and

meeting the expected high level of professional and ethical standards.

The actions aiming to improve the protection of animals during transport will be

implemented through direct management, using the implementation modes offered

by the Financial Regulation: direct management allows to establish grant

agreements/contracts with beneficiaries/contractors directly engaged in activities that

serve Union policies. The Commission ensures direct monitoring over the outcome

of the actions financed. The payment modalities of the actions funded will be

adapted to the risks pertaining to the financial transactions.

In order to ensure the effectiveness, efficiency and economy of the Commission

controls, the control strategy will be oriented towards a balance of ex-ante and ex-

post checks and focus on three key stages of grant/contract implementation, in

accordance with the Financial Regulation:

– Selection of proposals/tenders that fit the policy objectives of the Regulation;

– Operational, monitoring and ex-ante controls that cover project

implementation, public procurement, pre-financing, interim and final

payments;

– Ex-post controls at the beneficiaries’ sites will also be carried out, typically on

a risk-based sample of transactions due to efficiency considerations.

The Directorate General for Health and Food Safety (DG SANTE) is subject to

administrative controls including budgetary control, annual reports by the European

Court of Auditors and the Commission’s Internal Audit Service, the annual discharge

for the execution of the EU budget and possible investigations conducted by OLAF

to ensure that the resources allocated are put to proper use.

In accordance with the Commission’s Internal Control Framework64, DG SANTE

has elaborated an internal control strategy which focusses on financial management

and its compliance with the Financial Regulation, especially with regard to the five

64 C(2017) 2373 of 19/04/2017

EN 9 EN

control objectives65 and the main principles of cost-efficient and effective controls

and anti-fraud measures. The strategy is an evolving document which is regularly

updated and it is adopted by DG SANTE's Management Board.

The Director in charge of Risk Management and Internal Control (RMIC) of DG

SANTE is responsible for co-ordinating the drafting, updating and communication of

the control strategy to all staff concerned. To this end, the Director launches each

year an annual assessment of the internal control system that feeds into the Annual

Activity Report of DG SANTE.

2.2.2. Information concerning the risks identified and the internal control system(s) set up

to mitigate them

Risk management is fully integrated into DG SANTE’s planning and control cycle.

The most important risks are identified in the annual risk assessment exercise. The

focus is on the residual risk exposure taking into account all measures already taken

to mitigate the risk. The exercise closes with discussions at senior management level

chaired by the Director General. The so-called “critical risks” are reported to the

Commissioner together with an action plan to reduce them to an acceptable level. To

monitor the implementation of the action plans, a progress report is prepared and

communicated to the Commissioner in the context of the mid-term report.

DG SANTE integrated risk management into its budget implementation processes.

Potential risks, issues or problems are identified in each step of the financial

management process.

The implementation of the new Regulation focuses on the attribution of public

procurement contracts as well as a number of grants for specific activities and

organisations.

The public procurement contracts will mainly be concluded in areas such as IT

product development and support and studies.

The main risks are the following:

• Risk of not fully achievening the objectives of the Regulation due to insufficient

uptake or quality/delays in the implementation of the selected projects or contracts;

Risk of inefficient or non-economic use of funds awarded, both for grants

(complexity of funding rules) and for procurement (limited number of economic

providers with the required specialist knowledge entailing insufficient possibilities to

compare price offers in some sectors);

• Reputational risk for the Commission, if fraud or criminal activities are discovered;

only partial assurance can be drawn from the third parties' internal control systems as

contractors and beneficiaries are each operating their own control system.

The Commission put in place internal procedures that aim at covering the risks

identified above. The internal procedures are in full compliance with the Financial

Regulation and include anti-fraud measures and cost-benefit considerations. Within

this framework, the Commission continues to explore possibilities to enhance the

65 According to the COSO model adopted by the Commission Internal Control Framework in its latest

version: C(2017) 2373 of 19/04/2017 3 Communication to the Commission on the revision of the

Internal Control Framework (C(2017) 2373 of 19/04/2017) which replaces the Internal Control

Standards laid down in SEC(2001)2037 and revised by SEC(2007)1341.

EN 10 EN

management and to realise efficiency gains. Main features of the control framework

are the following:

Controls before and during the implementation of the projects:

• An appropriate project management system will be put in place focusing on the

contributions of projects and contracts to the policy objectives, ensuring a systematic

involvement of all actors, establishing a regular project management reporting

complemented by on-site-visits on a case by case basis, including risk reports to

senior management, as well as maintaining appropriate budgetary flexibility.

• Model grant agreements and service contracts used are developed within the

Commission. They provide for a number of control provisions such as audit

certificates, financial guarantees, on-site audits as well as inspections by OLAF. The

rules governing the eligibility of costs are being simplified, for example, by using

unit costs, lump sums, contributions not linked to costs and other possibilities offered

by the Financial Regulation. This will reduce the cost of controls and put the focus

on checks and controls in high risk areas.

• All staff sign up to the code of good administrative behaviour. Staff who are

involved in the selection procedure or in the management of the grant

agreements/contracts (also) sign a declaration of absence of a conflict of interest.

Staff is regularly trained and uses networks to exchange best practices.

• Technical implementation of a project is checked at regular intervals at the desk on

the basis of technical progress reports of the contractors and beneficiaries; in addition

contractors'/beneficiaries' meetings and on-site-visits are foreseen on a case by case

basis.

Controls at the end of the project: Ex-post audits are performed on a sample of

transactions to verify on-the-spot the eligibility of cost claims. The aim of these

controls is to prevent, detect and correct material errors related to the legality and

regularity of financial transactions. With a view to achieving a high control impact,

the selection of beneficiaries to be audited may combine a risk based selection with a

random sampling. Attention to operational aspects will be paid whenever possible

during the on-site audit.

2.2.3. Estimation and justification of the cost-effectiveness of the controls (ratio of "control

costs ÷ value of the related funds managed"), and assessment of the expected levels

of risk of error (at payment & at closure)

The Commission’s and DG SANTE’s internal control strategies take into

consideration the main cost drivers, and the efforts already taken over several years

to reduce the cost of controls, without compromising the effectiveness of controls.

The existing control systems proved to be able to prevent and/or to detect errors

and/or irregularities, and in case of errors or irregularities, to correct them.

2.3. Measures to prevent fraud and irregularities

Specify existing or envisaged prevention and protection measures, e.g. from the Anti-Fraud Strategy.

Article 325 of the Treaty on the functioning of the European Union (TFEU) requires

the EU and its Member States to combat fraud and any other illegal activities that

may affect the EU’s financial interests. According to Article 317 of the TFEU and

EN 11 EN

Article 36 of the Financial Regulation66, the EU Commission implements the EU

budget, in compliance with sound financial management principles, applying

effective and efficient internal control67, which includes preventing, detecting,

correcting, and following up on fraud and irregularities.

As for its activities in direct management, the Commission shall take appropriate

measures ensuring that the financial interests of the European Union are protected by

the application of preventive measures against fraud, corruption and any other illegal

activities, by effective checks and, if irregularities are detected, by the recovery of

the amounts wrongly paid and, where appropriate, by effective, proportional and

deterrent penalties. To this effect, the Commission adopted an anti-fraud strategy,

latest update of April 2019 (COM(2019) 196) with the revised Action Plan of July

2023 (COM(2023) 405). DGs and executive agencies have developed and

implemented their own anti-fraud strategies on the basis of the methodology

provided by OLAF. In general, these are updated every three years and their

implementation is monitored and reported to the management on a regular basis.

For budget implementation under direct management, the Commission also

implements a series of measures such as:

- decisions, agreements and contracts resulting from the implementation of the

Regulation will expressly entitle the Commission, including OLAF, and the Court of

Auditors to conduct audits, on-the-spot checks and inspections and to recover

amounts unduly paid and, where appropriate, impose administrative sanctions;

- during the evaluation phase of a call for proposals/tender, the applicants and

tenderers are checked against the published exclusion criteria based on declarations

and the Early Detection and Exclusion System (EDES);

- the rules governing the eligibility of costs will be simplified in accordance with the

provisions of the Financial Regulation;

- regular training and awareness raising on issues related to fraud and irregularities is

given to all staff involved in contract management as well as to auditors and

controllers who verify the beneficiaries' declarations on the spot.

The assurance building process of the Authorising Officer by Delegation (AOD) is

based on the capacity of the control systems in place to detect significant and/or

repetitive deficiencies. The control systems are composed of different elements:

supervision and verification of operations, ex-ante verifications, ex-post controls, and

audits of the Internal Audit Service and the European Court of Auditors, as well as

the health and food audits performed by DG SANTE in EU Member States and third

countries. All actors involved play an essential role in fraud prevention and

detection.

66 Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council of 18 July 2018 on

the financial rules applicable to the general budget of the Union, amending Regulations (EU) No

1296/2013, (EU) No 1301/2013, (EU) No 1303/2013, (EU) No 1304/2013, (EU) No 1309/2013, (EU)

No 1316/2013, (EU) No 223/2014, (EU) No 283/2014, and Decision No 541/2014/EU and repealing

Regulation (EU, Euratom) No 966/2012, O.J. L 193, 30.7.2018, 1. 67 Communication to the Commission on the Revision of the Internal Control Framework C(2017)2373

adopted on 19/04/2017 (Principle 8, Characteristic 8.2).

EN 12 EN

3. ESTIMATED FINANCIAL IMPACT OF THE PROPOSAL/INITIATIVE

3.1. Heading(s) of the multiannual financial framework and expenditure budget

line(s) affected

• Existing budget lines

In order of multiannual financial framework headings and budget lines.

Heading of

multiannual

financial

framework

Budget line Type of

expenditure Contribution

Number Diff./Non-

diff.68

from

EFTA

countries 69

from

candidate

countries

and

potential

candidates 70

fromother

third

countries

other assigned

revenue

03.02.06 - Contributing to a high level

of health and welfare for humans,

animals and plants Diff NO NO NO NO

68 Diff. = Differentiated appropriations / Non-diff. = Non-differentiated appropriations. 69 EFTA: European Free Trade Association. 70 Candidate countries and, where applicable, potential candidates from the Western Balkans.

EN 13 EN

3.2. Estimated financial impact of the proposal on appropriations

3.2.1. Summary of estimated impact on operational appropriations

–  The proposal/initiative does not require the use of operational appropriations

– ✓ The proposal/initiative requires the use of operational appropriations, as explained below:

EUR million (to three decimal places)

Heading of multiannual financial

framework

Number

1 Single Market, Innovation and Digital

DG SANTE

Year 2024

Year 2025

Year 2026

Year 2027 et

seqq

TOTAL

 Operational appropriations

03.02 06 Contributing to a high level

of health and welfare for humans,

animals and plants

Commitments (1a) 0,250 0,850 0,800 0,500 2,400

Payments (1b) 0,050 0,245 0,490 1,615 2,400

Appropriations of an administrative nature financed from the

envelope of specific programmes

Budget line (3) 0 0 0 0 0

TOTAL appropriations

for DG SANTE

Commitments =1a+3 0,250 0,850 0,800 0,500 2,400

Payments =1b

+3 0,050 0,245 0,490 1,615 2,400

 TOTAL operational appropriations Commitments -4 0,250 0,850 0,800 0,500 2,400

Payments -5 0,050 0,245 0,490 1,615 2,400

EN 14 EN

 TOTAL appropriations of an administrative nature

financed from the envelope for specific programmes -6

TOTAL appropriations

under HEADING 1

of the multiannual financial

framework

Commitments =4+ 6 0,250 0,850 0,800 0,500 2,400

Payments =5+ 6 0,050 0,850 0,490 1,615 2,400

TOTAL operational appropriations (all

operational headings)

Commitments (4) 0,250 0,850 0,800 0,500 2,400

Payments (5) 0,050 0,245 0,490 1,615 2,400

TOTAL appropriations of an administrative nature financed

from the envelope for specific programmes (all operational

headings)

(6)

TOTAL appropriations

under HEADINGS 1 to 6

of the multiannual financial

framework (Reference amount)

Commitments =4+ 6 0,250 0,850 0,800 0,500 2,400

Payments =5+ 6 0,050 0,245 0,490 1,615 2,400

EN 15 EN

Heading of multiannual financial

framework 7 ‘Administrative expenditure’

This section should be filled in using the 'budget data of an administrative nature' to be firstly introduced in the Annex to the Legislative

Financial Statement (Annex V to the internal rules) which is uploaded to DECIDE for interservice consultation purposes.

EUR million (to three decimal places)

Year

2024

Year

2025

Year

2026

Year

2027 et

seqq

TOTAL

DG SANTE

 Human resources 0,599 0,610 1,180 1,252 3,640

 Other administrative expenditure 0,000 0,000 0,000 0,000 0,000

TOTAL DG SANTE Appropriations 0,599 0,610 1,180 1,252 3,640

TOTAL appropriations

under HEADING 7

of the multiannual financial

framework

(Total commitments =

Total payments) 0,599 0,610 1,180 1,252 3,640

EUR million (to three decimal places)

Year

2024

Year

2025

Year

2026

Year

2027 et

seqq

TOTAL

TOTAL appropriations

under HEADINGS 1 to 7

of the multiannual financial

Commitments 0,849 1,460 1,980 1,752 6,040

Payments 0,649 0,855 1,670 2,867 6,040

EN 16 EN

framework

3.2.2. Estimated output funded with operational appropriations

Commitment appropriations in EUR million (to three decimal places)

Indicate objectives

and outputs Year Year Year Year

TOTAL

2024 2025 2026 2027 et seqq

 OUTPUTS

Type[1]

Average

cost N o

Cost N o

Cost N o

Cost N o

Cost Total No Total cost

SPECIFIC OBJECTIVE No 2

- Output

Study on modalities for

the use of new

technologies and

digitalization to

facilitate the

implementation and

enforcement of rules on

animal welfare during

transport.

0,250 0,250

- Output Development of the

system in TRACES 0,800 0,600 1,400

- Output Maintenance of

TRACES 0,050 0,200 0,200 0,450

- Output Development of digital

app 0,300 0,300

Subtotal for specific objective No2 0,250 0,850 0,800 0,500 2,400

Totals 0,250 0,850 0,800 0,500 2,400

EN 17 EN

3.2.3. Summary of estimated impact on administrative appropriations

–  The proposal/initiative does not require the use of appropriations of an

administrative nature

– ✓ The proposal/initiative requires the use of appropriations of an administrative

nature, as explained below:

EUR million (to three decimal places)

Year Year Year Year

TOTAL 2024 2025 2026 2027 et seqq

HEADING 7

of the multiannual financial

framework

Human resources 71 0,599 0,610 1,180 1,252 3,640

Other administrative expenditure 0 0,000 0,000 0,000 0

Subtotal HEADING 7

0,599 0,610 1,180 1,252 3,640 of the multiannual financial

framework

Outside HEADING 7[2]

of the multiannual financial

framework

Human resources

Other expenditure

of an administrative nature

Subtotal

outside HEADING 7

of the multiannual financial

framework

TOTAL 0,599 0,610 1,180 1,252 3,640

The appropriations required for human resources and other expenditure of an administrative nature will be partially met by

appropriations from the DG that are already assigned to management of the action and/or have been redeployed within the

DG, together if necessary with any additional allocation which may be granted to the managing DG under the annual

allocation procedure and in the light of budgetary constraints.

71

EN 18 EN

3.2.3.1. Estimated requirements of human resources

–  The proposal/initiative does not require the use of human resources.

– ✓ The proposal/initiative requires the use of human resources, as explained

below:

Estimate to be expressed in full time equivalent units

Year 2024

Year 2025

Year

2026

Year 2027 et

seqq

 Establishment plan posts (officials and temporary staff)

20 01 02 01 (Headquarters and Commission’s Representation

Offices) 3,5 3,5 6,5 6,5

20 01 02 03 (Delegations)

01 01 01 01 (Indirect research)

01 01 01 11 (Direct research)

Other budget lines (specify)

 External staff (in Full Time Equivalent unit: FTE)72

20 02 01 (AC, END, INT from the ‘global envelope’)

20 02 03 (AC, AL, END, INT and JPD in the delegations)

XX 01 xx yy zz 73

- at Headquarters

- in Delegations

01 01 01 02 (AC, END, INT - Indirect research)

01 01 01 12 (AC, END, INT - Direct research)

Other budget lines (specify)

TOTAL 3,5 3,5 6,5 6,5

XX is the policy area or budget title concerned.

The human resources required will be partially met by staff from the DG who are already assigned to

management of the action and/or have been redeployed within the DG, together if necessary with any additional

allocation which may be granted to the managing DG under the annual allocation procedure and in the light of

budgetary constraints.

Description of tasks to be carried out:

Officials and temporary staff AD will perform all the tasks that involve relationship with Member States, reference

centres, stakeholders as well as any preparation of legislation.

External staff

72 AC= Contract Staff; AL = Local Staff; END= Seconded National Expert; INT = agency staff;

JPD= Junior Professionals in Delegations. 73 Sub-ceiling for external staff covered by operational appropriations (former ‘BA’ lines).

EN 19 EN

3.2.4. Compatibility with the current multiannual financial framework

The proposal/initiative:

– ✓ can be fully financed through redeployment within the relevant heading of the

Multiannual Financial Framework (MFF).

EUR 2,400 million of operational expenses under budget line 03.02.06 in years 2024 to 2027 will be

covered by internal redeployment within the budget line.

–  requires use of the unallocated margin under the relevant heading of the MFF

and/or use of the special instruments as defined in the MFF Regulation.

Explain what is required, specifying the headings and budget lines concerned, the corresponding

amounts, and the instruments proposed to be used.

–  requires a revision of the MFF.

Explain what is required, specifying the headings and budget lines concerned and the corresponding

amounts.

3.2.5. Third-party contributions

The proposal/initiative:

– ✓ does not provide for co-financing by third parties

–  provides for the co-financing by third parties estimated below:

Appropriations in EUR million (to three decimal places)

Year N74

Year N+1

Year N+2

Year N+3

Enter as many years as necessary

to show the duration of the

impact (see point 1.6)

Total

Specify the co-financing

body

TOTAL appropriations

co-financed

74 Year N is the year in which implementation of the proposal/initiative starts. Please replace "N" by the

expected first year of implementation (for instance: 2021). The same for the following years.

EN 20 EN

3.3. Estimated impact on revenue

– ✓ The proposal/initiative has no financial impact on revenue.

–  The proposal/initiative has the following financial impact:

–  on own resources

–  on other revenue

– please indicate, if the revenue is assigned to expenditure lines 

EUR million (to three decimal places)

Budget revenue line:

Appropriations

available for

the current

financial year

Impact of the proposal/initiative75

Year N

Year N+1

Year N+2

Year N+3

Enter as many years as necessary to show

the duration of the impact (see point 1.6)

Article ………….

For assigned revenue, specify the budget expenditure line(s) affected.

[…]

Other remarks (e.g. method/formula used for calculating the impact on revenue or any other

information).

[…]

75 As regards traditional own resources (customs duties, sugar levies), the amounts indicated must be net

amounts, i.e. gross amounts after deduction of 20 % for collection costs.

EN EN

EUROPEAN COMMISSION

Brussels, 7.12.2023

COM(2023) 770 final

ANNEXES 1 to 6

ANNEXES

to the

Proposal for a

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

on the protection of animals during transport and related operations, amending Council

Regulation (EC) No 1255/97 and repealing Council Regulation (EC) No 1/2005

{SEC(2023) 397 final} - {SWD(2023) 399 final} - {SWD(2023) 401 final} -

{SWD(2023) 402 final}

EN 1 EN

ANNEX I

TECHNICAL RULES FOR TERRESTRIAL ANIMALS

as referred to in Articles 2, 12, 13, 18, 19, 20, 22, 27, 28, 30, 33, 40, 44 and 47

CHAPTER I

FITNESS FOR TRANSPORT

1. Terrestrial animals shall not be considered fit for transport if:

(a) they are injured or ill;

(b) they present physiological weaknesses or pathological processes;

(c) they are unable to move independently without pain or to walk unassisted;

(d) they are cachectic or severely dehydrated;

(e) they present a severe open wound, or prolapse;

(f) they are pregnant females for whom 80 % or more of the expected gestation

period has already passed, or females who have given birth in the previous 7

days;

(g) they are new-born mammals in which the navel has not completely healed;

(h) they are calves of less than 5 weeks of age and weigh less than 50 kg, piglets,

lambs or kids of less than 3 weeks, unless they are transported less than 100

km;

(i) they are dogs and cats of less than 12 weeks of age;

(j) they are rabbits of less than 48 hours of age.

(k) they are cervid animals in velvet period.

2. Except if accompanied by their dam, the following animals shall not be considered

fit for long journeys:

(a) equine animals, if they are younger than 4 months;

(b) piglets, if their body weight is less than 10 kgs.

3. By way of derogation from point 1 (a) and (b), animals may be considered fit for

transport if they are:

(a) slightly injured or ill, and transport would not cause additional suffering;

(b) transported under veterinary supervision for or following veterinary treatment

or diagnosis, and no unnecessary suffering or ill treatment is caused to the

animals concerned;

(c) animals that have been submitted to veterinary surgical procedures, provided

that wounds are not bleeding and measures are taken to minimise physical

contact with the wound.

For the purposes of point (a), in cases of doubt, veterinary advice shall be sought.

4. Unbroken equine animals shall not be considered fit for transport on long journeys.

7. When animals fall ill or are injured during transport, they shall be separated from the

others and receive first-aid treatment as soon as possible. They shall immediately be

EN 2 EN

given appropriate veterinary treatment and if necessary, undergo emergency

slaughter or killing in a way which does not cause them any unnecessary suffering.

8. Sedatives shall not be used on animals to be transported unless it is necessary to

ensure the welfare of the animals and safety of operators and shall only be used

under supervision of a veterinarian.

9. Lactating females of bovine, ovine and caprine species not accompanied by their

offspring shall be milked at intervals of not more than 12 hours.

10. Dogs and cats shall be considered fit for transport when they have completed the

necessary preventive veterinary treatments to prevent stress related and species-

specific diseases.

CHAPTER II

MEANS OF TRANSPORT

1. Provisions for all means of transport and containers

1.1. Means of transport, containers and their fittings shall be designed, constructed,

maintained and operated so as to:

(a) avoid injury and suffering and to ensure the safety of the animals;

(b) protect the animals from inclement weather, extreme temperatures and adverse

changes in climatic conditions;

(c) be cleaned and disinfected;

(d) prevent the animals escaping or falling out and be able to withstand the stresses

of movements;

(e) ensure that air quality and quantity appropriate to the species transported can

be maintained;

(f) provide access to the animals to allow them to be inspected, fed and cared for;

(g) provide a flooring surface that is anti-slip;

(h) provide a flooring surface that minimises the leakage of urine or faeces when

relevant for the species transported;

(i) provide a means of lighting sufficient for inspection and care of the animals

during transport.

1.2. Sufficient space shall be provided inside the animals' compartment and at each of its

levels to ensure that there is effective ventilation above the animals when they are in

a naturally standing or siting position, without on any account hindering their natural

movement.

1.3. For wild animals, the following documents shall accompany the animals:

(a) a notice indicating that the animals are wild, timid or dangerous;

(b) written instructions about feeding, watering and any special care required.

1.4. Partitions shall be strong enough to withstand the weight of animals. Fittings shall be

designed for quick and easy operation.

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 bedding material or

EN 3 EN

equivalent material guaranteeing their comfort in accordance to the species, the

number of animals being transported, the journey time, and the weather. This

material has to ensure adequate absorption of urine and faeces so that animals remain

clean and dry during the entire journey.

2. Additional provisions for transport by road or rail of equine, bovine, ovine,

caprine and porcine animals

2.1. Vehicles in which animals are transported shall be clearly and visibly marked

indicating the presence of live animals, except when the animals are transported in

containers marked in accordance with point 4.1.

2.2. Road vehicles shall carry suitable equipment for loading and unloading the animals.

2.3. When assembling trains and during all other movement of rail wagons every

precaution shall be taken to avoid jolting of a rail wagon containing animals.

2.4. Where transport by rail is to last more than 3 hours, a means of killing suitable for

the species shall be available with written instructions to use it for the animals

transported and in a language that attendants understand.

2.5. Vehicles transporting cats and dogs shall be equipped with functioning temperature

and humidity sensors.

3. Additional provisions for transport on roll-on-roll-off vessels

3.1. Before loading onto a roll-on-roll-off vessel the master shall ensure that:

(a) on enclosed decks, the vessel is equipped with forced fan ventilation systems

and it is fitted with an alarm system and secondary source of power in case of

failure;

(b) vehicles are only loaded in enclosed decks if the force fan ventilation systems

and the alarm system are in good working order;

(c) adequate protection from sea water is provided in open decks.

3.2. Only if equipped with a sufficient number of adequately designed, positioned and

maintained securing points enabling them to be securely fastened to the vessel can

road vehicles and rail wagons be loaded unto vessels. Road vehicles and rail wagons

shall be secured to the vessel before the start of the sea journey to prevent them being

displaced by the motion of the vessel.

3.3. The master shall ensure that:

(a) vehicles are loaded in a way to provide empty space of at least 1m on both

sides of the vehicles;

(b) drivers and attendants have access to the vehicle deck to perform checks,

feeding and maintenance of animals.

4. Additional provisions for transport in containers

4.1. Containers in which animals are transported shall be clearly and visibly marked,

indicating the presence of live animals and with a sign indicating the top of the

container.

4.2. During transport and handling, containers shall always be kept upright and severe

jolts or shaking shall be minimised. Containers shall be secured before the start of the

journey to prevent displacement due to the movement of the means of transport.

EN 4 EN

4.3. Containers of more than 50 kg shall be equipped with a sufficient number of

adequately designed, positioned and maintained securing points enabling them to be

securely fastened to the means of transport where they are to be loaded.

CHAPTER III

TRANSPORT PRACTICES

1. General provisions

1.1. Due regard shall be paid to the need of certain categories of animals, such as wild

animals, to become accustomed to the mode of transport prior to the proposed

journey.

1.2. Where loading or unloading operations last for more than four hours, except for

poultry, facilities shall be available for keeping, feeding and watering the animals

outside the means of transport without being tied.

2. Loading and unloading

2.1. Facilities for loading and unloading, including the flooring, shall be designed,

constructed, maintained and operated to:

(a) prevent injury and suffering and minimise excitement and distress during

animal movements as well as to ensure the safety of the animals;

(b) ensure that surfaces are not slippery and that lateral protections are provided to

prevent animals from escaping;

(c) ensure that they are cleaned and disinfected.

2.2. Loading ramps shall not be steeper than an angle of:

(a) 20 degrees, (36,4 % to the horizontal) for pigs, calves and horses;

(b) 26 degrees 35 minutes, (50 % to the horizontal) for sheep, goats and cattle

other than calves.

Ramps shall be equipped with non-slippery flooring, foot battens and lateral

protection.

2.3. Lifting platforms and upper floors shall have safety barriers to prevent animals

falling or escaping during loading and unloading operations.

2.4. Goods which are being transported in the same means of transport as animals shall

be positioned so that they do not cause suffering to the animals.

2.5. Appropriate lighting shall be provided during loading and unloading to prevent

animals balking and to allow handlers to detect possible animal welfare problems

such as lameness, injuries, animals slipping or falling or defective pieces of

equipment.

2.6. When containers loaded with animals are placed one on top of the other on the means

of transport, the necessary precautions shall be taken:

(a) to avoid, or in the case of poultry, rabbits and fur animals, to limit urine and

faeces falling on the animals placed underneath;

(b) to ensure stability of the containers;

(c) to ensure that ventilation is not impeded.

EN 5 EN

3. Handling

3.1. It shall be prohibited to:

(a) strike or kick the animals;

(b) apply pressure to any part of the body in such a way as to cause them

unnecessary suffering;

(c) suspend the animals themselves by mechanical means;

(d) lift or drag the animals by legs (except for poultry and rabbits), head, ears,

horns, tail or fleece;

(e) use prods or other implements with pointed ends;

(f) obstructing any animal which is being driven or led through any part where

animals are handled.

3.2. The use of instruments which administer electric shocks shall be prohibited when

animals move in group. It shall only be permitted:

(a) on bovine animals or pigs over 80 kg live weight, and

(b) when an animal refuses to move without any visible reasons.

Shocks shall not be used more than twice, shall last no longer than one second and

shall only be applied to the muscles of the hindquarters.

3.3. Assembly centres and control posts shall provide equipment for tethering animals

when necessary. Animals not used to being tied shall remain untied.

3.4. Animals shall not be tied by the horns, the antlers, the nose rings nor by legs tied

together. Calves and dogs shall not be muzzled. Equine animals older than eight

months shall wear halters during transport except for unbroken equine animals.

3.5 When animals need to be tied, the ropes, tethers or other means used shall be:

(a) strong enough not to break during normal transport conditions;

(b) such as to allow the animals, if necessary, to lie down and to eat and drink;

(c) designed in such a way as to eliminate any danger of strangulation or injury,

and to allow animals to be quickly released;

(d) long enough and used in a way to allow equine animals to lower their head

below the height of their withers.

3.6. When loading or unloading birds, arrangements shall be made to reduce the duration

of handling birds inverted.

3.7. Birds and rabbits shall be caught, lifted and carried by two legs, using breast slides in

cages or operator’s leg as support for bird’s breast. A maximum of 3 birds per hand

may be carried.

4. Separation

4.1. The following shall be handled and transported separately:

(a) animals of different species;

(b) animals of significantly different sizes or ages;

(c) adult breeding boars or stallions;

EN 6 EN

(d) sexually mature males from females;

(e) animals with horns from animals without horns;

(f) animals hostile to each other;

(g) tied animals from untied animals.

4.2. Points 4.1 (a), (b), (c) and (e). shall not apply where the animals have been raised in

compatible groups, are accustomed to each other, where separation will cause

distress or where females are accompanied by dependent young.

5. During transport

5.1. Space allowances in respect of the animals’ species and the means of transport shall

comply at least with the figures laid down in Chapter VII.

5.2. Equine animals shall not be transported in multi-deck vehicles except if animals are

loaded on the lowest deck with no animals on higher deck.

5.3. Unbroken equine animals shall not be transported in groups of more than 4

individuals.

5.4. Sufficient ventilation shall be provided to ensure that the needs of the animals are

fully met taking into account in particular the number and type of the animals to be

transported and the expected weather conditions during the journey. Containers shall

be positioned in a way that does not impede their ventilation.

5.5. Animals shall be offered water, feed and the opportunity to rest as appropriate to

their species and age, at suitable intervals and in particular as referred to in

Chapter V.

6. Minimum vertical height

6.1. For cattle and unweaned calves, the minimum vertical height during transport shall

correspond to the following formula:

H = W x 1.17 + 20

whereby H = minimum vertical height, and W = wither height of the tallest animal in

the compartment.

6.2. For sheep the space above the highest point of the tallest animal shall be at least 15

cm in vehicles with mechanical ventilation and 30 cm in naturally ventilated

vehicles.

6.3. For equine animals the minimum internal height of a compartment shall be at least

75 cm from the withers of the tallest animal.

6.4. For domestic birds the height of the container shall be such that the comb or head

does not touch the ceiling when birds sit with their head and neck in a natural posture

or when they change position.

6.5. For slaughter rabbits the height of the container shall be sufficient to ensure rabbits

can sit with their ears extended.

EN 7 EN

CHAPTER IV

ADDITIONAL PROVISIONS FOR LIVESTOCK VESSELS

AND CONTAINER VESSELS

1. Construction and equipment requirements for livestock vessels

1.1. Strength for pen rails and decks shall be appropriate to the transported animals.

Strength calculations of pen rails and decks shall be verified during construction or

conversion of the livestock vessel by a classification society approved by the

competent authority.

1.2. Compartments where animals are to be transported shall be equipped with a forced

ventilation system which gives sufficient capacity to change the air in its entire

volume as follows:

(a) 40 air changes per hour if the compartment is fully enclosed and the clear

height is less or equal to 2,30 meters;

(b) 30 air changes per hour if the compartment is fully enclosed and the clear

height is more than 2,30 meters;

(c) 75 % of the above relevant capacity if the compartment is partially enclosed.

1.3. Storage or production capacity for fresh water shall be appropriate to meet the water

requirement laid down in Chapter VI taking into account the maximum number and

the type of animals to be transported as well as the maximum duration of the

intended journeys.

1.4. The fresh water system shall be capable of supplying fresh water continuously in

each livestock area and sufficient receptacles shall be available to ensure that all

animals have easy and constant access to fresh water. Alternative pumping

equipment shall be available to ensure water supply in the event of failure of the

primary pumping system.

1.5. The drainage system shall be of appropriate capacity to drain fluids from pens and

decks under all conditions. Drainpipes and channels shall collect the fluids in wells

or tanks from where sewage can be discharged by means of pumps or ejectors.

Alternative pumping equipment shall be available to ensure drainage in the event of

failure of the primary pumping system.

1.6. Livestock areas, passageways and ramps to livestock areas shall be provided with

sufficient lighting. Emergency lighting shall be available in case of a failure of the

main electrical installation. Sufficient portable lighting shall be provided to allow the

attendant adequate inspection and care of the animals.

1.7. A firefighting system shall be appropriately installed in all livestock areas and fire

equipment within the livestock areas shall comply with the most recent the

International Convention for the Safety of Life at Sea (SOLAS) standards regarding

fire protection, fire detection and fire extinction.

1.8. The following systems for livestock shall be equipped with a monitoring, control and

alarm system in the wheelhouse:

(a) ventilation;

(b) fresh water supply and drainage;

EN 8 EN

(c) lighting;

(d) fresh water production if necessary.

1.9. A primary source of power shall be sufficient to supply continuous power for the

systems for livestock referred to in points 1.2, 1.4, 1.5 and 1.6 under normal

operation of the livestock vessel. A secondary source of power shall be sufficient to

replace the primary source of power for a continuous period of three days.

1.10. Livestock vessels shall be equipped with a means of killing suitable for the species

transported with written instructions in a language that attendants understand.

2. Feed and water supply on livestock vessels or vessels transporting containers for

large animals.

Livestock vessels or vessels transporting animals in containers for large animals, shall carry

from the time of departure sufficient bedding as well as sufficient feed and water to cover the

minimum daily feed and water supply requirements set out in Table 1 for the intended journey

plus at least seven days' spare supply of bedding, feed and water.

Table

Minimum daily feed and water supply on livestock vessels or container vessels

Category Feed

(in % of live weight of

animals)

Fresh water

(in % of live weight of

animals)

Fodder Concentrated

feed

Cattle and equine

animals

2 1,6

10 Sheep 2 1,8

Pigs — 3

Fodder may be replaced by concentrated feed and vice versa. However, due regard shall be

paid to the need of certain categories of animals, to become accustomed to the change of feed

with regard to their metabolic needs.

CHAPTER V

JOURNEY TIMES, TEMPERATURES, REST PERIODS AND

WATERING AND FEEDING INTERVALS

1. Animals of equine, bovine, ovine, caprine, and porcine species

EN 9 EN

1.1. Attendants or drivers shall provide equine animals with feed and water ad libitum or

at least at regular intervals of no more than 4,5 hours for a period of 30 minutes

while the vehicle is stationary. The same watering and feeding regime shall be

maintained during transport by sea.

1.2. Attendants or drivers shall provide animals of bovine, ovine, caprine and porcine

species with water ad libitum during the journey or during the rest periods laid down

in Article 27. Feed shall be offered to animals during the rest periods while the

vehicle is stationary and when animals are unloaded. The same watering and feeding

regime shall be maintained during transport by sea.

2. Domestic birds and rabbits transported in containers

2.1. For domestic birds and rabbits, suitable feed and water shall be available in adequate

quantities.

2.2. Maximum journey times are defined as follows:

(a) 12 hours including loading and unloading time for journeys including those to

a slaughterhouse; or

(b) 24 hours for chicks of all domestic bird species, if it is completed within

48 hours after hatching;

(c) 24 hours for adult breeding rabbits if they have permanent access to feed and

hydration;

(d) 10 hours for end-of-lay hens including the loading and unloading time.

2.3. Thermal comfort shall be provided as follows:

(a) when the temperature forecast at the place of departure and at the place of

destination at the time animals are expected to be at those places is below

10°C, rabbits and domestic birds other than end-of-lay hens shall only be

transported in vehicles with protection against windchill.

(b) end-of-lay hens shall not be transported if temperatures inside vehicles of at

least 15°C cannot be ensured.

3. Dogs and cats

3.1. Adult dogs and cats being transported shall be fed at intervals of not more than 24

hours. Puppies and kittens until the age of 6 months shall be fed at intervals no more

than 8 hours. Water shall be available ad libitum or at the intervals of no more than 4

hours.

3.2. There shall be written instructions in a language that the attendant understands about

feeding and watering available on board.

3.3. Temperatures shall be adapted in case of transport of brachycephalic breeds or types

and of dogs and cats with extreme coating, such as in case of heavy undercoat and

bald breeds.

4. Other species

Species other than those referred to in points 1 to 3 shall be transported in accordance with

written instructions about feeding and watering and taking into account any special care

required.

EN 10 EN

CHAPTER VI

ADDITIONAL PROVISIONS FOR LONG JOURNEYS OF

DOMESTIC EQUIDAE AND DOMESTIC ANIMALS OF

BOVINE, OVINE, CAPRINE, PORCINE SPECIES, CATS AND

DOGS

1. Roof

The means of transport shall be equipped with a roof of light-colour and be properly

insulated.

2. Floor and Bedding

Animals shall be provided with appropriate bedding or equivalent material which guarantees

their comfort appropriate to the species, the number of animals being transported, the journey

time, and the weather. This material has to ensure absorption of urine and faeces so that

animals remain clean and dry during the entire journey.

3. Feed

3.1. The means of transport shall carry a sufficient quantity of appropriate feeding stuff

so that animals do not show sign of hunger or fatigue. The feeding stuffs shall be

protected from the weather and from contaminants such as dust, fuel, exhaust gases

and animal urine and dung.

3.2. Where animals need to be fed by specific equipment, that equipment shall be

transported in the means of transport.

3.3. Where feeding equipment as referred to in point 3.2. is used, it shall be so designed

that, if necessary, it is attached to the means of transport to prevent its being

overturned. When the means of transport is moving and when the equipment is not in

use, it shall be stored separate from the animals.

4. Partitions

4.1. The means of transport shall be fitted with partitions so that separate compartments

may be created, while providing all the animals with free access to water.

4.2. The partitions shall be constructed in such a way that they can be placed in different

positions so that the size of compartment can be adapted to specific requirements,

and to the type, size and number of animals.

5. Water supply for transport by road, rail or in containers for large animals

5.1. The means of transport and containers for large animals shall be equipped with a

water supply that makes it possible for the attendant to provide water instantly

whenever it is necessary during the journey, so that each animal has access to water.

5.2. The watering devices shall be in good working order and be appropriately designed

and positioned for the categories of animals to be watered on board the vehicle.

5.3. The water tanks’ total capacity for each means of transport shall be at least equal

to 1,5 % of its maximum payload. Water tanks shall be designed so that they can be

drained and cleaned after each journey and shall be fitted with a system allowing

their water level to be checked. They shall be connected to drinking devices within

the compartments and maintained in good working order.

EN 11 EN

5.4. A derogation from point 5.3. may apply to containers for large animals exclusively

used on vessels that supply water to them from the vessel’s own water tanks.

6. Ventilation systems for means of transport by road

6.1. Ventilation systems on means of transport by road shall be designed, constructed and

maintained in such a way that, at any time during the journey, whether the means of

transport is stationary or moving, they are capable of operating for at least 6 hours.

6.2. The ventilation system shall be capable of ensuring even distribution throughout the

vehicle.

CHAPTER VII

SPACE ALLOWANCE FOR TRANSPORTS BY ROAD, RAIL

OR SEA

1. Space allowance for transport by road, by rail, or by sea, including transport in

containers is calculated using the following allometric equation:

A = kW(2/3),

whereby: A=area per animal [m2 or cm2 for transport of birds and rabbits in

containers], W=live weight [kg], k= k-value (specific to species/category, as laid

down in tables below).

2. Space allowance in area per animal [m2] during transport by road, by rail, or by sea,

shall comply at least with the figures below:

A B C D

Average Pigs Equidae Bovine animals Sheep and goats

live weight

[kg] k=0,027 k=0,029 k=0,034 k=0,037

25 0,23

0,32

50 0,37 0,40 0,46 0,50

75 0,48 0,52 0,60 0,66

100 0,58 0,63 0,73 0,80

125 0,68 0,73 0,85

150 0,76 0,82 0,96

175 0,84 0,91 1,06

200 0,92 1,00 1,16

225 1,00 1,08 1,26

250 1,07 1,16 1,35

275 1,14 1,23 1,44

300 1,21 1,31 1,52

325 1,28 1,38 1,61

350 1,34 1,45 1,69

EN 12 EN

375 1,40 1,52 1,77

400 1,47 1,59 1,85

450

1,71 2,00

500 1,84 2,14

550 1,96 2,28

600 2,08 2,42

650 2,19 2,55

700 2,30 2,68

750 2,41 2,81

800 2,52 2,93

850

3,05

900 3,17

950 3,29

1000 3,40

3. Space allowance in area per animal [cm2] for poultry and rabbits transported in

containers shall comply at least with the figures below:

E F

approximate poultry rabbits

live weight k=290 k=270

1 290 270

1,5 380 354

2 460 429

2,5 534 497

3 603 562

3,5 669 622

4 731 680

4,5 790 736

5 848 789

4. Equine animals other than unbroken horses and mares with their foals shall be

transported in individual stalls.

The length of the individual stall shall be at least 40 cm greater than the length of the

equine animal measured from the tail to the nose while with the neck is parallel to

the ground, and additional 50 cm greater if feed in a hay net is provided in transit.

The width of the individual stall shall be in total at least 40 cm greater than the width

of the animal at its widest point.

EN 13 EN

ANNEX II

SPECIFIC CONDITIONS FOR THE TRANSPORT OF AQUATIC ANIMALS

As referred to in Articles 2, 18, 33, 44 and 47

1. Design and maintenance of means of transport

1.1 Means of transport and containers used for transport of aquatic animals shall be

appropriate to the species, size, weight and number of animals to be transported.

1.2 Means of transport and containers shall be maintained in good mechanical and

structural condition to prevent damages of the vehicle that may directly or indirectly

affect the welfare of transported aquatic animals.

1.3 Means of transport and containers shall ensure adequate circulation of water and

equipment for oxygenation as required to meet variations in the conditions during the

journey and the needs of the animals being transported, including the closing of

valves in well boats for biosecurity reasons.

1.4 The aquatic animals shall be accessible to inspection during the journey in order to

ensure that their welfare can be assessed.

1.5 The means of transport and containers shall allow for inspection and monitoring of

the relevant parameters and take corrective measures when necessary.

2. Handling

2.1 Aquatic animals shall not be lifted by their gills.

2.2 The handling equipment shall be designed, constructed, and maintained to minimise

physical injuries.

3. Water

3.1 Operators shall ensure water quality that is appropriate for the species being

transported and method of transportation.

3.2 Operators shall ensure the monitoring and maintenance of the following water

parameters within the limits according to the species-specific needs during the whole

journey:

(a) Oxygen;

(b) Carbon dioxide;

(c) Ammonia level;

(d) Temperature.

4. Fitness for transport

4.1. The ability of the aquatic animals to cope with the stress of transport shall be

assessed based on health status, previous handling, and recent transport history.

4.2. The main reasons for considering aquatic animals as not fit for transport are:

(a) displaying clinical signs of disease;

(b) significant physical injuries or abnormal behaviour;

(c) recent exposure to stressors that adversely affect behaviour or physiological

state (for example extreme temperatures, chemical agents);

(d) insufficient or excessive length of fasting.

EN 14 EN

5. Loading practices

5.1. Operators shall take the necessary measures to avoid any injury and unnecessary

stress to aquatic animals during loading.

5.2. At loading, the following shall be assessed:

(a) crowding procedure prior to loading;

(b) inappropriately constructed or operated equipment;

(c) significant changes in the water quality such as different temperature or other

water parameters.

5.3. Operators shall ensure the density of aquatic animals in a vehicle and/or container is

maintained within the appropriate limits taking into account the species specific

needs and the scientific data available.

5.4. Loading shall be carried out by operators with knowledge and experience of the

behaviour and other characteristics of the aquatic animals with the aim to ensure their

welfare.

6. During transport

6.1. Periodic inspections should take place during the transport to verify that acceptable

welfare is being maintained.

6.2. Drivers or attendants shall monitor the water quality and make the necessary

adjustments to ensure the parameters enumerated in point 3.2 are maintained within

the appropriate limits taking into account the species-specific needs.

6.3. Drivers shall travel in a manner that minimises uncontrolled movements of the

aquatic animals that may lead to stress and cause injury.

6.4. In the event of health emergency during transport, the driver or an attendant shall

initiate the contingency plan.

6.5. If the killing of aquatic animals is necessary during the transport, the driver or the

attendant shall be trained and capable to perform the killing with prior stunning so

that animals remain unconscious until death.

7. Unloading practices

7.1. The principles of good handling during loading apply equally during unloading.

7.2. Operators shall unload the aquatic animals as soon as possible after arrival at the

destination, allowing sufficient time to avoid causing any harm to the animals.

7.3. Operators shall consider enough time for acclimatisation of some species depending

on their needs and before being unloaded into water of a significantly different

quality (such as temperature, salinity, pH).

7.4. Operators shall remove moribund or seriously injured aquatic animals and kill them

using an appropriate method suitable for the species and size of the animal and

preventing unnecessary suffering.

8. Post transport practices

8.1. The operator in charge of receiving the aquatic animals shall closely observe them

during the post-transport period and keep appropriate records.

EN 15 EN

8.2. Aquatic animals showing abnormal clinical signs shall either be isolated and

examined by a veterinarian, who may recommend treatment, or killed using a

method suitable for the species and size of the animal and preventing unnecessary

suffering.

8.3. Operators shall evaluate significant problems associated with transport and take

mitigation measures to prevent recurrence.

EN 16 EN

ANNEX III

Templates as referred to in Articles 14, 15, 16, 20, 25, 32, 38 and

47

1. TEMPLATE FOR JOURNEY LOG FOR ALL LONG JOURNEYS AND FOR SHORT

JOURNEYS TO PLACES OF DESTINATION IN A THIRD COUNTRY

SECTION 1 – PLANNING

1. ORGANISER(1)

1.1. Organiser authorisation number

1.2. Name and address 1.3. Name of the person in charge of

the journey

1.4. Telephone 1.5. Email address

2. TRANSPORTER(S)(1)

2.1. Road transport

Name

Name of person in charge

Address

Telephone

Email

Authorisation No

2.2. Sea

transport

Name

Name of person

in charge

Address

Telephone

Email

Authorisation

No

2.3. Rail

transport

Name

Name of person

in charge

Address

Telephone

Email

Authorisation No

2.4. Air transport

Name

Name of person

in charge

Address

Telephone

Email

Authorisation

No

3. JOURNEY PLAN(1)

3.1. Place and country of DEPARTURE

3.4. Place and country of

DESTINATION

3.2. Date 3.5. Date

3.3. Time 3.6. Time

3.7. Total

expected

3.8. Species/ number 3.9. Categories/ number

Unweaned animals

EN 17 EN

duration

(hours/days) Weight:

Age:

Pregnant animals

Stage of pregnancy:

Date of insemination:

Other:

Total number of animals

3.11. Veterinary certificate(s) number(s)

3.12. Estimated total weight of the consignment (in kg):

3.13. Total space provided for the consignment (in m2):

3.14. LIST OF SCHEDULED REST, TRANSFER OR EXIT POINTS

3.14.1.

Assembly

Centre

Address

Expected

date/ time of

arrival

Length (in

hours)

3.14.2. Control

post

Address

Expected date/

time of arrival

Length (in hours)

3.14.3. Exit point

Address

Expected time of

arrival

Length (in hours)

3.14.4. Water changes for

transport of aquatic species

4. DECLARATION FROM ORGANISER

I, the organiser, hereby declare that I am responsible for the organisation of the

abovementioned journey and I have made suitable arrangements to safeguard the welfare of

the animals throughout the journey in accordance with the provisions of Regulation (EU)

2023/XX.

Validation by the organiser

5. AUTHORITY APPROVING THE JOURNEY LOG(2)

5.1. Name and address of the

authority

5.2. Telephone

5.3. Email 5.4. Official stamp

5.5. Name and signature of the official

6. DECISION(2)

EN 18 EN

□ APPROVED Date

□ REJECTED Date Justification

(1) Completed by the organiser

(2) Completed by the competent authority

SECTION 2 - PLACE OF DEPARTURE

1. KEEPER AT PLACE OF DEPARTURE(3)

1.1. Name and address 1.2. Name of person in charge

1.3. Telephone 1.4. Email address

2. LOADING(3)

2.1. Place and Member State/country of

departure

2.2. Date and time of first animal loading

2.3. Number of loaded animals by species

2.4. Number of loaded animals by category:

Pregnant animals Stage of pregnancy/date of insemination

Unweaned animals

2.5. Total Number of animals 3. DECLARATION OF THE KEEPER

3.1. I, the keeper of the animals at the place of departure, hereby declare that I have been

present at the loading of the animals. According to my knowledge at the time of loading, the

above mentioned animals were fit for transport and the facilities and procedures for handling

the animals were in accordance with Regulation (EU) 2023/XX on the protection of animals

during transport and related operations

Validation by the keeper at the place of departure(3)

4. DECLARATION OF THE DRIVER

4.1. I, the driver of the animals, hereby declare that I have been present at the loading of the

animals. According to my knowledge at the time of loading, none of the animals loaded onto

the means of transport were visibly unfit for transport, the facilities and procedures for

handling the animals were in accordance with Regulation (EU) 2023/XX on the protection of

animals during transport and related operations.

Validation by the driver at the place of departure(4)

(3) Completed by the keeper at the place of departure

(4) Completed by the driver

SECTION 3 – PLACE OF DESTINATION

EN 19 EN

1. KEEPER AT PLACE OF DESTINATION(5) 1.1. Name and address 1.2. Name of person in charge

1.3. Telephone 1.4. Email address

2. DRIVER/ATTENDANT(4)

3. OFFICIAL VETERINARIAN (if present)(6)

4. DATE AND TIME OF ARRIVAL(4)(5)

5. CHECKS PERFORMED(5),(6) Checks Outcome of checks

Compliance Non-compliance

Transporter Authorisation number

Driver

Number of the certificate of competence

Means of transport Identification

Space allowances Average space/animal

in m²

Journey log records and journey time

limits

5. INDICATORS(4)(5)

5.1 Total nr. of animals

5.3 Total nr. of injured during transport

5.2 Total nr. of dead on arrival 5.4. Presence of heat/cold stress, hunger or

thirst yes/no

6. DECLARATION OF THE KEEPER

I, the keeper of the animals at the place of destination, hereby declare that I have checked this

consignment of animals. According to my knowledge at the time of the check the

abovementioned findings were recorded.

Validation by the keeper at the place of departure(5)

7. DECLARATION OF THE DRIVER

I, the driver of the animals, hereby declare that I have been present at the unloading of the

animals. I agree with the results of the assessment of condition of the animals recorded in this

section of the journey log.

Validation by the driver at the place of departure(4)

(5) Completed by the keeper at the place of destination

(6) Completed by an official veterinarian if present on site

EN 20 EN

SECTION 4 - DECLARATION BY TRANSPORTER(4)

Actual itinerary - Rest, transfer or exit points

Place and

address

Arrival Departure Length of stop Reason

Date Time Date Time

SECTION 5 - ANOMALY REPORT(4),(5),(6)

to be completed by drivers/attendants, keepers or official veterinarians– multiple reports

possible

1. DECLARANT'S name, title and address

2. Place and Member State where the anomaly

was observed

3. Date and time when the anomaly was

observed

4. TYPE OF ANOMALY(IES) pursuant to Regulation (EU) 2023/XX

4.1. Fitness for transport (1)

4.1.2 lame animals not able to move independently

4.1.3 injured animals;

4.1.4 pregnant in more than 80%

4.1.5 new-born with navel not completely healed;

4.1.6 pigs of less than 3 weeks;

4.1.7 lambs of less than 10 days;

4.1.8 unweaned calves of less than 5 weeks

4.1.9 unweaned calves with weight of less than 50 kg

4.1.10 dogs and cats of less than 12 weeks age

4.1.11 cervid animals in velvet

4.1.12 other (please specify)

4.2. Means of transport

EN 21 EN

4.3. Transport practices

4.4. Journey time limits

4.5. Rest periods

4.6. Space allowances

4.7. Transporter's authorisation

4.8. Driver certificate of competence

4.9. Journey log records

4.10. Additional provisions for long journeys

4.10. Other

4.11. Remarks:

5. I hereby declare that I have checked the consignment of the abovementioned animals and

have expressed the reservations detailed in this report concerning compliance with Regulation

(EU) 2023/XX on the protection of animals during transport and related operations

7. Validation of the declarant

2. TEMPLATE FOR JOURNEY LOG FOR SHORT JOURNEYS

JOURNEY LOG FOR SHORT JOURNEYS

1. ORGANISER

1.1. Name and address (a)(b) 1.2. Name of the person in charge of the

journey

1.3. Telephone 1.4. Email address

2. TRANSPORTER(S)

2.1.Road transport

Name

Name of person in

charge

Address

Telephone

Email

Authorisation No

2.2. Sea transport

Name

Name of person in

charge

Address

Telephone

Email

Authorisation No

2.3. Rail transport

Name

Name of person in

charge

Address

Telephone

Email

Authorisation No

2.4. Air transport

Name

Name of person in

charge

Address

Telephone

Email

Authorisation No

3. JOURNEY PLAN

3.1. Place and country of DEPARTURE

3.4. Place and country of DESTINATION

EN 22 EN

 Slaughterhouse

 Other

3.2. Date 3.5. Date

3.3. Time 3.6. Time

3.7. Total

expected

duration (hours)

3.8. Species/ number 3.9. Categories/ number

Unweaned animals

Weight:

Age:

Pregnant animals

Stage of pregnancy:

Date of insemination:

Other:

Total number of animals

3.11. Veterinary certificate(s) number(s)

3.12. Estimated total weight of the consignment (in kg):

3.13. Total space provided for the consignment (in m2):

4. DECLARATION FROM ORGANISER

I, the organiser, hereby declare that I am responsible for the organisation of the

abovementioned journey and I have made suitable arrangements to safeguard the welfare of

the animals throughout the journey in accordance with Regulation (EU) 2023/XX.

Validation of the organiser

EN 23 EN

ANNEX IV

Model attestation as referred to in Articles 32 and 47

Attestation concerning the acceptance of documentation for transport of animals to a third

country

1. Authority signing the attestation (name of the competent authority and country):

Identification of the means of transport

Country of approval/ renewal of approval: Date of approval/renewal of approval:

Name of the captain/driver: Certificate of approval Number:

2. Departure and Destination

2.1. Exit point and country of DEPARTURE:

2.2. Place and country of

DESTINATION:

2.1.1. Date

2.1.2. Time

2.2.1. Date 2.2.1. Time

2.1.3. Species and categories

2.1.4. Number of animals by species

3. Attestation

The undersigning official veterinarian of the competent authority at the seaport of destination

declares that the documentation presented by the EU organiser, including in particular:

- a model of the animal health certificate(s) intended to accompany the consignments;

- any additional details concerning the animal health attestations that will be provided in the final

animal health certificate(s) accompanying the consignments (such as the results of tests for

certain diseases, the details of the region from which the animals originate);

- where applicable a copy of the import license;

- documentation stating the name of the exporter, the name of the vessel, the port of loading, the

port of destination, the estimated date of arrival in the port of destination, the number of animals

that will be transported in the livestock vessel, the species of those animals, their gender, and

their intended purpose;

provide adequate animal health and welfare guarantees and comply with the [import]

requirements applicable to the import into the country of destination mentioned above.

4. Authority

4.1. Name of the Authority

4.2. Address of the Authority

4.3. Phone of the Authority

4.4. Email of the Authority

4.5. Date

4.6. Place

EN 24 EN

4.8. Stamp

EN 25 EN

ANNEX V

Forms as referred to in Articles 5, 6, 7, 8, 9, 12 and 13

1. SECTION 1: ORGANISER AUTHORISATION AS REFERRED TO IN ARTICLES 5 AND 6

1. ORGANISER AUTHORISATION NO(1)

2. ORGANISER IDENTIFICATION(2)

2.1. Company name, if

applicable

2.2. Name of responsible 2.2. Address

2.3. Town 2.4. Postal code 2.5. Member State

2.6. Telephone 2.8. Email

3. SCOPE OF AUTHORISATION(2)

Species of animals:

Categories of animals:

Type of transport: road – rail – sea - air

Transports to: EU - non-EU countries

4. AUTHORITY ISSUING THE AUTHORISATION(1)

4.1. Name and address of the authority 4.2. Telephone

4.4. Email 4.5. Official stamp

4.8. Name and signature of the official

5. DECISION(1)

5.1. Authorisation

□ Granted Date of authorisation Date of expiry

□ Rejected Date Justification

□ Suspended Date Justification

□ Withdrawn Date Justification

5.2. Certification for transport to non-EU countries

□ Certified Date Date of expiry

Certificate no.: Certification body:

□ Suspended Date Justification

□ Withdrawn Date Justification

(1) Sections 1, 4 and 5 to be completed by the Competent authority

(2) Sections 2 and 3 completed by applicant

EN 26 EN

2. SECTION 2: TRANSPORTER AUTHORISATION AS REFERRED TO IN ARTICLE 7,

8 AND 9

1. TRANSPORTER AUTHORISATION NO(3) TYPE 1: NOT VALID

FOR LONG JOURNEYS

2. TRANSPORTER IDENTIFICATION(4)

2.1. Company name 2.2. Name of responsible 2.2. Address

2.3. Town 2.4. Postal code 2.5. Member State

2.6. Telephone 2.8. Email

3. SCOPE OF AUTHORISATION(4)

Species of animals:

Categories of animals:

Type of transport: road – rail – sea - air

4. AUTHORITY ISSUING THE AUTHORISATION(3)

4.1. Name and address of the authority 4.2. Telephone

4.4. Email 4.5. Official stamp

4.8. Name and signature of the official

5. DECISION(3)

5.1. Authorisation

□ Granted Date of authorisation Date of expiry

□ Rejected Date Justification

□ Suspended Date Justification

□ Withdrawn Date Justification

(3)Sections 1, 4 and 5 to be completed by the Competent authority

(4)Sections 2 and 3 completed by applicant

3. SECTION 3: TRANSPORTER AUTHORISATION AS REFERRED TO IN ARTICLE 8 AND 9

1. TRANSPORTER AUTHORISATION NO(5) TYPE 2: VALID FOR ALL

TYPES OF JOURNEYS

2. TRANSPORTER IDENTIFICATION(6)

2.1. Company name 2.2. Name of responsible person 2.3. Street address

2.4. Town 2.5. Postal code 2.6. Member State

2.7. Telephone 2.8. Email

EN 27 EN

3. SCOPE OF AUTHORISATION(6)

3.1. Species of animals:

3.2. Categories of animals:

3.3. Type of transport: road – rail – sea - air

4. AUTHORITY ISSUING THE AUTHORISATION(5)

4.1. Name and address of the authority 4.2. Telephone

4.4. Email 4.5. Official stamp

4.8. Name and signature of the official

5. DECISION(5)

5.1. Authorisation

□ Granted Date of authorisation Date of expiry

□ Rejected Date Justification

□ Suspended Date Justification

□ Withdrawn Date Justification

(5)Sections 1, 4 and 5 to be completed by the Competent authority

(6)Sections 2 and 3 completed by applicant

4. SECTION 4: CERTIFICATE OF COMPETENCE FOR DRIVERS, ATTENDANTS AND

ANIMAL WELFARE OFFICERS REFERRED TO IN ARTICLE 38(7)

1. DRIVER/ATTENDANT IDENTIFICATION

1.1.Surname(s)

1.2.First name(s)

1.3.Date of birth 1.4.Place and country of

birth

1.5.Nationality

2. AUTHORITY ISSUING THE CERTIFICATE

2.1. Name and address of the body issuing the certificate

2.2. Telephone 2.3. Email

3.4. Name and signature of the official 3.5. Official stamp

4. EXAMINATION

4.1. Limitations: Species/categories of animals

4.2. Examination date 4.3. Passed / not passed

5. AUTHORISATION

EN 28 EN

□ Granted Date of authorisation Date of expiry

□ Rejected Date Justification

□ Suspended Date Justification

□ Withdrawn Date Justification

(7) Completed by the Competent authority

5. SECTION 5: CERTIFICATE OF APPROVAL OF MEANS OF TRANSPORT BY ROAD FOR

LONG JOURNEYS REFERRED TO IN ARTICLE 12

1. CERTIFICATE OF APPROVAL NUMBER(8)

2. OWNER IDENTIFICATION(9)

2.1. Company name 2.2. Name of responsible person 2.3. Street address

2.4. Town 2.5. Postal code 2.6. Member State/Country

2.7. Telephone 2.8. Email

3. VEHICLE IDENTIFICATION(9)

3.1. Vehicle identification number 3.2. Registration plate number

3.4. Max number of decks 3.5. Max surface

3.6. Manufacturer 3.7. Species/categories to be transported

4. AUTHORITY ISSUING THE AUTHORISATION(8)

4.1. Name and address of the authority 4.2. Telephone

4.4. Email 4.5. Official stamp

5. INSPECTION OF THE MEANS OF TRANSPORT(8)

Date: Body performing inspection:

Means of transport compliant: YES / NO

6. DECISION(8)

6.1. Certificate Approval

□ Granted Date of authorisation Date of expiry

□ Rejected Date Justification

□ Suspended Date Justification

□ Withdrawn Date Justification

6.2. Limitations of the approval

EN 29 EN

(8) Sections1, 4, 5, and 6 to be competed by the Competent authority

(9) Sections 2 and 3 to be completed by the applicant

6. SECTION 6: CERTIFICATE OF APPROVAL OF LIVESTOCK VESSELS REFERRED TO IN

ARTICLE 13

1. CERTIFICATE OF APPROVAL NUMBER(10)

2. OWNER IDENTIFICATION(11)

2.1. Company name 2.2. Name of responsible person 2.3. Street address

2.4. Town 2.5. Postal code 2.6. Member State/Country

2.7. Telephone 2.8. Email

3. VESSEL IDENTIFICATION(11)

3.1. IMO number 3.2. Flag State

3.4. Max number of decks 3.5. Max surface

3.6. THETIS ID no.

3.7. Species/categories to be transported

4. AUTHORITY ISSUING THE AUTHORISATION(10)

4.1. Name and address of the authority 4.2. Telephone

4.4. Email 4.5. Official stamp

5. INSPECTION OF THE VESSEL(11)

Date: Body performing inspection:

Vessel compliant: YES / NO

6. DECISION(11)

6.1. Certificate Approval

□ Granted Date of authorisation Date of expiry

□ Rejected Date Justification

□ Suspended Date Justification

□ Withdrawn Date Justification

(10) Sections 1, 4, 5, and 6 to be completed by the Competent authority

(11) Sections 2 and 3 to be completed by the applicant

EN 30 EN

ANNEX VI

As referred to in Article 56

CORRELATION TABLE

Regulation (EC) No 1/2005

Regulation (EC) No 1/2005 This Regulation

Article 1(1) Article 2(1)

Article 1(2) Article 2(2)

Article 1(3) Article 47

Article 1(4) Article 2(6)

Article 1(5) Article 2(3)(a) and (b)

Article 2 Article 3

Article 3 Article 4

Article 4 -

Article 5(1) -

Article 5(2) -

Article 5(3)(a) and (b) Article 14(3)(b) and (d)

Article 5(4) Article 15

Article 6(1) Articles 7(1) and 8(1)

Article 6(2) Article 9(5)

Article 6(3) Article 18(1)

Article 6(4) Articles 10 and 18(3)

Article 6(5) Article 18(3)

Article 6(6) Article 18(4)

Article 6(7) -

Article 6(9) Article 24

Article 7 Article 110

EN 31 EN

Article 8 Articles 17, 20 and 25

Article 9 Article 22

Article 10 Article 8

Article 11(1) and (3) Article 9

Article 11(2) Article 24

Article 12 Article 8(2)

Article 13 Article 9

Article 17 Articles 10, 22 and 37

Article 18 Article 12

Article 19 Article 13

Article 20 Article 40

Article 22 Article 23

Article 25 Article 42 to 45

Article 29 -

Article 30(1) Articles 47 and 48

Article 30(2) Article 13(8)

Article 30(3) -

Article 30(4) -

Article 30(5) -

Article 30(6) -

Article 30(7) Article 55

Article 30(8) -

Article 31 Article 49

Article 32 Article 54

Annex I Annex I

Annex II Article 15 and Annex III

EN 32 EN

Annex III Annex V

Annex IV Article 37

Annex V -

Annex VI Article 11(4)

EN EN

EUROPEAN COMMISSION

Brussels, 7.12.2023

COM(2023) 770 final

2023/0448 (COD)

Proposal for a

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

on the protection of animals during transport and related operations, amending Council

Regulation (EC) No 1255/97 and repealing Council Regulation (EC) No 1/2005

(Text with EEA relevance)

{SEC(2023) 397 final} - {SWD(2023) 399 final} - {SWD(2023) 401 final} -

{SWD(2023) 402 final}

EN 1 EN

EXPLANATORY MEMORANDUM

1. CONTEXT OF THE PROPOSAL

• Reasons for and objectives of the proposal

Reasons

In the context of the Farm to Fork Strategy1, the Commission announced its intention to

revise the EU legislation on animal welfare, including on the welfare of animals during

transport. This revision is part of the Commission work programme for 20232. The EU

animal welfare legislation has been developed since 1974, with the objectives of improving

animal welfare and ensuring the smooth functioning of the internal market. The current

legislation on the protection of animals during transport was adopted in 2004 (Regulation

(EC) No 1/20053, ‘the Transport Regulation’).

The Commission carried out a Fitness Check of the EU animal welfare legislation4, which

was finalised in 2022. This showed that the opportunities provided by significant

developments in science and technology, shifts in societal preferences and increasing

sustainability challenges, are not reflected in the current regulation. In addition, current rules

are difficult to implement and enforce, which leads to a fragmented and sub-optimal level of

animal welfare during transport and an uneven playing field in the EU internal market. The

Commission’s evaluation of the EU Strategy on animal welfare (2012-2015)5 also found that

some compliance risks related to animal transport remain.

Several Council Conclusions have consistently highlighted the need for higher animal

welfare standards when animals are moved in the context of an economic activity6. In

particular, the Conclusions on animal welfare7 of 16 December 2019 emphasise that animal

welfare should be ensured during international long-distance transport of live animals

including to third countries.

In its Resolution on the Farm to Fork Strategy8, the European Parliament underlined ‘the

importance of taking into account the latest advances in animal welfare science and

responding to public, political and market demands for higher animal welfare standards’.

Furthermore, in 2022, further to the report by the EP enquiry committee on animal transport

1 Communication from the Commission “A Farm to Fork Strategy for a fair, healthy and

environmentally-friendly food system”, COM(2020)381 final. 2 European Commission, Communication from the Commission to the European Parliament, the

Council, the European Economic and Social Committee and the Committee of the Regions,

Commission work programme 2023, A Union standing firm and united, COM(2022) 548 final 3 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 OJ L3 5.1.2005, p. 1–44 4 European Commission, Commission Staff Working Document, Fitness Check of the EU Animal Welfare

Legislation, SWD(2022)328 final 5 SWD(2021) 77 final 6 Council of the EU, Council Conclusions on an EU-wide animal welfare label, 15 December 2020 (Ref

14047/20); Council of the EU, Council conclusions on animal welfare during maritime long distances

transport to third countries, 28 June 2021 (Ref 10235/21). 7 Council conclusions on animal welfare - an integral part of sustainable animal production – Council

Conclusions (16 December 2019) 8 European Parliament resolution of 20 October 2021 on a farm to fork strategy for a fair, healthy and

environmentally-friendly food system (2020/2260(INI)

EN 2 EN

(ANIT committee), the European Parliament adopted its recommendation on the protection of

animals during transport with recommendations for the revision of the Transport Regulation9

In its Special report from 201810, the European Court of Auditors (ECA) found that

weaknesses persist during transport. In January 2023, ECA published a Review on the EU

legislation on the welfare of animals during transport11 where similar concerns were raised.

Objectives

This revision seeks to contribute to sustainable agricultural and food production by ensuring a

higher level of animal welfare, and avoiding distortions on the internal market, thereby

contributing to a shift towards an economically, environmentally, and socially sustainable

food system, as set out in the Farm to Fork strategy. For this reason, this proposal introduces

measures which favour slaughter of animals locally, thus replacing transport of live animals

with transport of carcasses and meat. In doing so, these measures will help strengthening the

principle of short supply chains while protecting animals by preventing long transports to

slaughter.

Transports for purposes other than slaughter should be limited as well with an intention to

eventually have them replaced as much as possible with transports of embryos, semen and

similar which are much more efficient in terms of the numbers of animals transported, as well

as environmentally friendly and creating less expenses.

The general objectives of the proposal are to:

– contribute to sustainable agricultural and food production;

– ensure a higher level of animal welfare;

– bring animal welfare requirements closer to the latest scientific evidence;

– address societal demands;

– make rules easier to enforce (including through digitalisation);

– ensure a smooth functioning of the internal market, both for farmed animals and for

animals transported for other economic purposes.

More specifically, this revision’s specific objectives are, among others, to:

– reduce animal welfare problems linked to long journeys and repetitive unloading and

re-loading linked to several rest periods;

– ensure that animals have more space when transported;

– improve the conditions of transport of vulnerable animals;

– avoid exposing animals to extreme temperatures;

9 European Parliament recommendation of 20 January 2022 to the Council and the Commission

following the investigation of alleged contraventions and maladministration in the application of Union

law in relation to the protection of animals during transport within and outside the Union

(2021/2736(RSP)) 10 Animal welfare in the EU: closing the gap between ambitious goals and practical implementation,

European, Court of Auditors, 2018. 11 Transport of live animals in the EU: challenges and opportunities, European Court of Auditors, 2023

EN 3 EN

– facilitate enforcement of EU rules on the protection of animals, including trough

digitalisation;

– better protect animals exported to non-EU countries;

– better protect cats and dogs transported in connection with an economic activity.

This legislative proposal is adopted at the same time as a legislative proposal on the welfare

of dogs and cats and their traceability. The two proposals are coherent with each other.

• Consistency with existing policy provisions in the policy area

The proposal is consistent with EU rules on official controls in agri-food chain12. The

proposal is also coherent with the Commission proposal to establish rules for the welfare of

dogs and cats bred and kept in establishments and improve the traceability of dogs and cats

place on the market and supplied in the Union.

• Consistency with other Union policies

The proposal is consistent with the objectives of the European Green Deal and the Farm to

Fork Strategy.

The proposal is intended to work in synergy with other EU initiatives and policies affecting

both live animals and transport, in particular the EU animal health policy13, EU’s rules on

driving times, breaks and rest periods for truck drivers14, and rules on the protection of

animals used for scientific purposes15.

The EU’s trade policy also plays a role in promoting higher welfare standards. The proposal

includes new and clearer provisions on animal welfare rules applicable for the transport of

live animals from a third country into the Union, as well as provisions on animal welfare

rules applicable for the transport of live animals from the Union to a third country of

destination. In both cases (imports and exports), operators are to ensure that EU animal

welfare rules are complied with from the point of departure to the point of destination. A

transition period of 5 years is provided in both cases allowing operators to adapt.

Finally, data protection rules (in particular, the General Data Protection Regulation) apply to

the provisions on real-time tracking of vehicles.

2. LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY

• Legal basis

The legal basis of the proposal is Article 43 of the Treaty on the Functioning of the European

Union (TFEU) since it is necessary to eliminate barriers to the transport of live animals

affects the internal market of products of animal origin in order to ensure the smooth

12 Regulation (EU) 2017/625 of the European Parliament and of the Council of 15 March 2017 on official

controls and other official activities performed to ensure the application of food and feed law, rules on

animal health and welfare, plant health and plant protection products (Official Controls Regulation), OJ

L 95, 7.4.2017, p. 1–142. 13 Regulation (EU) 2016/429 of the European Parliament and of the Council of 9 March 2016 on

transmissible animal diseases and amending and repealing certain acts in the area of animal health, OJ

L 84, 31.3.2016, p. 1. 14 Regulation (EC) No 561/2006 of the European Parliament and of the Council of 15 March 2006 on the

harmonisation of certain social legislation relating to road transport, OJ L 102, 11.4.2006, p. 1. 15 Directive 2010/63/EU of the European Parliament and of the Council of 22 September 2010 on the

protection of animals used for scientific purposes, OJ L 276 20.10.2010, p. 33.

EN 4 EN

functioning of market organisations in animals and products of animal origin, while ensuring

a high level of protection of animal welfare.

The proposal is also based on Article 114 TFEU since since the proposal also aims at

ensuring the smooth functioning of the internal market, not only for animals covered under

the CAP but also for other animals, such as cats and dogs, fur animals, certain types of wild

animals, and animals used for scientific purposes, thus going beyond agriculture and food

production.

• Subsidiarity (for non-exclusive competence)

Animals are often transported across borders and 1.4 billion terrestrial animals are

transported each year between EU Member States. The identified animal welfare problems,

including their underlying drivers, occur across the EU, albeit to different degrees in different

Member States. Finally, the identified animal welfare problems have transboundary

consequences including threats to public health, such as antimicrobial resistance. Indeed, as

established by EFSA16, transport of animals increases the risk of transmitting bacteria

resistant to antimicrobials between animals (due to several risk factors, such as contact

between animals, the duration of transport, airborne transmission in the vehicle, adverse

environmental conditions such as temperature). This increased of spread of AMR among

animals has indirect consequences for AMR affecting human.

Action taken at national level is not expected to lead to considerably improved animal

welfare and would only partially be able to meet citizens’ concerns. Although the area is

already regulated by Regulation 1/2005, thus limiting Member States’ margin to adopt

national rules, there remain important divergences in national rules on key aspects (e.g.

conditions for transport of vulnerable animals within a Member State, requirements for the

export of animals, requirements for the transport of animals by sea), which negatively affect

the smooth functioning of the internal market and the level playing field between operators.

Continued action at national level would lead to further fragmentation of requirements and

increased differences in the levels of animal welfare between Member States. Member States

also apply certain provisions and enforce rules differently, thereby also creating obstacles to

the smooth functioning of the internal market. Furthermore, national rules cannot apply to

cross-border transports from other Member States and therefore, thereby rendering cross-

border movements a driver for lower animal welfare standards.

Animal welfare requirements linked to transport at EU level require a harmonised approach

and thus can effectively be regulated at EU level. With a homogenous set of rules, this

proposal will lead to uniform and clearer requirements for the transport of animals and a

better use of available technologies. The revision will thus ensure a level-playing field for

operators within the internal market, facilitate intra-EU trade of animals and provide a more

efficient regulatory oversight.

Considering these elements, EU action is justified: it would achieve a consistent approach

more effectively and efficiently than Member States acting individually and independently.

16 EFSA Panel on Biological Hazards (BIOHAZ), Koutsoumanis, K. et al., ‘Transmission of

antimicrobial resistance (AMR) during animal transport’, EFSA Journal, Vol. 20, Issue 10 (e07586),

Wiley, 2022, pp. 1-93. 10.2903/j.efsa.2022.7586

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• Proportionality

The measures proposed strive to balance a high level of animal welfare with the impact on

operators concerned. Further conditions on exporting animals to third countries ensure

compliance with the provisions of this Regulation until the point of destination in the third

country, thus codifying the case law of the European Court of Justice in this regard. Given

that the alternative of banning exports of live animals to countries outside the EU would have

detrimental effects on the sector, the stricter conditions for export aim to improve their

welfare while maintaining the operations economically feasible. Similarly, measures on

maximum journey times are designed to keep most transport activities unaffected.

Proportionate mitigation measures to be applied when transporting animals during high or

low temperatures will allow transport without hindering the welfare of the animals

transported.

This proposal provides for transition periods to allow actors to adapt gradually. For the new

rules on maximum journey times, including maximum journey times for unweaned calves,

space allowances, exports, imports, minimum age and weight of unweaned calves, and real

time tracking, the transition period is set at 5 years. For the new rules on the transport of cats

and dogs, the transition period is 3 years.

• Choice of the instrument

Given that the current provisions are laid down in a Regulation, the appropriate instrument to

address this amendment is a Regulation.

3. RESULTS OF EX-POST EVALUATIONS, STAKEHOLDER

CONSULTATIONS AND IMPACT ASSESSMENTS

• Ex-post evaluations/fitness checks of existing legislation

The EU animal welfare legislation has been subject to a Fitness Check, including on the

transport of live animals.

The Fitness Check established that there is a suboptimal level of animal welfare in the EU,

and certain distortions to the internal market for farmers and other food business operators.

There are still challenges associated with long journeys, transport in extreme temperatures

and the transport of vulnerable animals, such as unweaned calves and pregnant animals. In

addition, there are practical difficulties to reconcile the species-specific journey times for

animals in the Transport Regulation and the driving times under Regulation (EC) No

561/2006 on certain social rules relating to road transports17. Furthermore, scientific and

technological developments and future sustainability challenges are not properly addressed

by current rules.

In May 2022, the Regulatory Scrutiny Board gave a positive opinion on the Fitness Check,

with certain recommendations.

• Stakeholder consultations

Overview of the consultation activities

17 Regulation (EC) No 561/2006 of the European Parliament and of the Council of 15 March 2006 on the

harmonisation of certain social legislation relating to road transport, OJ L 102, 11.4.2006, p. 1

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The Commission published in July 2021 an Inception Impact Assessment18 presenting the

policy options to be addressed in the impact assessment. After analysing the 983

contributions received, four campaigns were identified and 525 individual contributions were

considered relevant to the protection of animals during transport.

A Public Consultation19 from October 2021 to January 2022 received almost 60 000

responses on the fitness of the current rules and on how they could be improved.

In addition, the Commission organised a one-day stakeholder conference20 regarding animal

welfare on 9 December 2021 with almost 500 participants.

The Inception Impact Assessment, the public consultation and the stakeholder conference

covered different aspects of the ongoing revision of the EU animal welfare legislation,

including as regards animal welfare rules during transport.

In the external study supporting the impact assessment, targeted consultation activities have

been carried out, including 9 exploratory interviews, a targeted survey with 68 responses

analysed, 43 interviews for case studies and further contributions through 2 focus groups and

1 workshop.

Finally, and in the framework of the EU Animal Welfare Platform, a sub-group on the

transport of animals was created, comprised of experts from Member States, business

organisations, civil society organisations and one independent expert. The Commission

organised 10 meetings to discuss the main policy options under consideration for the

proposal, the minutes of which are published on the Commission’s website.

Third countries with experience transporting livestock contributed to these consultations.

Main outcomes of the consultation activities

Citizens

Citizens support limiting journey times and banning exports to third countries, especially if

animals are intended for slaughter. With regards to vulnerable animals, particularly the

unweaned ones, citizens prefer to ban their transport.

Citizens also support specific species requirements.

Animal welfare NGOs

Similarly, animal welfare organisations would like a limit in journey times and a ban of

exports to third countries. Some organisations would like a ban on transport altogether. In

their views, vulnerable animals should not be transported.

18

Available on the European Commission Have Your Say platform : https://ec.europa.eu/info/law/better-

regulation/have-your-say/initiatives/12950-Animal-welfare-revision-of-EU-legislation_en

19 Available on the European Commission Have Your Say platform : https://ec.europa.eu/info/law/better-

regulation/have-your-say/initiatives/12950-Animal-welfare-revision-of-EU-legislation/public-

consultation_en 20 EU Animal welfare today & tomorrow, an opportunity for stakeholders to validate the preliminary

findings of the Fitness Check of the current EU animal welfare legislation.

https://commission.europa.eu/events/eu-animal-welfare-today-tomorrow-2021-12-09_en

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For other animal categories, they support specific species requirements and an upgrade in the

use of technological means to achieve a better enforcement. Animal welfare organisations

also want a harmonisation of penalties.

Business operators

Business operators (in particular producers) show the lowest support to limiting journey

times. Most of business operators are in favour of species-specific requirements rather than a

ban on the transport of certain categories of animals.

Operators stress the need for better enforcement rather than new rules and support the use of

new technologies for this purpose.

National authorities

Generally, national authorities are not in favour of a total ban of live animal exports, but there

is widespread support for the introduction of stricter measures regarding unweaned and other

vulnerable animals, as well as for the introduction of maximum journey times.

Regarding new technologies, introducing a digital application at EU level to reduce

administrative costs and facilitate data exchange between Member States was generally

supported by national authorities.

Consideration of results by the Commission

The results from the consultation activities have been used to inform the challenges faced

with the current implementation of the Regulation, but also to inform the policy options and

to assess their impacts, for instance when it comes to the impact on operators or the extent to

which citizens’ concerns would be addressed.

The evidence gathered from stakeholders also contributed to define the transition periods and

to ensure the proportionality of the measures.

• Collection and use of expertise

Methodology used

The Commission sought the expertise of the EFSA, which issued in 2022 five scientific

opinions (see recital 4 of the proposal) on the protection of animals during transport on

equids, bovines, small ruminants, pigs, domestic birds and rabbits.

The proposal also considered international standards on the protection of animals during

transport by sea, by road and by air adopted by World Organisation for Animal Health 21.

All the relevant audits reports performed by the Commission services were used as well as

relevant statistical sources or databases (Eurostat, Trade Control and Expert System

(TRACES), etc.).

An external study22 supporting the impact assessment accompanying the revision of the EU

legislation on the welfare of animals during transport was carried out. This study gathered

information and data on impacts and costs for stakeholders of the initially proposed measures

and options.

21 World Animal Health Organisation, Animal welfare standards during transport 22 European Commission, Directorate-General for Health and Food Safety, Study supporting the Impact

Assessment accompanying the revision of the EU legislation on the welfare of animals during

transport, Publications Office of the European Union, 2023, section 5.2.1., doi: 10.2875/110728.

(Transport study).

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In addition, a study23 on the assessment of the cumulative impacts of the two proposed

packages of measures and options was carried out. This study presents the results of a supply

chain analysis (performed by an external expert), and a modelling (performed by the

Commission’s Joint Research Centre) of the impacts of changes in production costs, as

identified in this supply chain analysis, on production levels, consumer prices, exports and

imports. The study contains an assessment of the impacts of the two packages on food

security and food affordability (performed by the Commission’s Joint Research Centre).

In addition, the studies from two pilot projects, commissioned by Commission on request of

the European Parliament, on the transport of unweaned dairy calves24 and of end-of-career

dairy cows 25, were considered. Also, the Court of Auditors’ review26 on the transport of live

animals in the EU was considered.

Finally, the Commission consulted in 2022 and 2023 the subgroup on transport under the EU

Animal Welfare Platform. The Commission also held a number of consultative meetings with

various stakeholders affected by the revision.

Summary of advice received and used

EFSA recommendations were taken into account in the proposal, particularly concerning:

– limiting journey times,

– increasing space allowances,

– establishing upper critical temperatures during transport.

The recommendations were modulated in the proposal to ensure the technical and economic

feasibility of the changes proposed.

Audit reports and consultations with National Contact Points for the transport of animals

provided for information and best practices.

Means used to make the expert advice publicly available

EFSA opinions, international recommendations, audit reports and minutes of discussions with

National Contact Points, and with the Animal Welfare Platform subgroup on transport, are all

publicly available on the Internet. The two external studies supporting the impact assessment

have also been published by the European Commission.

• Impact assessment

The impact assessment addresses six measures: journey times and space allowance, exports

to third countries, transport of vulnerable animals, transport in hot temperatures, new

technologies for monitoring and controls, and transport of cats and dogs.

23 European Commission, Directorate-General for Health and Food Safety, Modelling of policy options to

support the Impact Assessment accompanying the revision of the EU legislation on the welfare of

animals during transport, 2023, doi: 10.2875/061480 24 European Commission, Directorate-General for Health and Food Safety, Study on shifting from

transport of unweaned male dairy calves over long distance to local rearing and fattening: final report,

Publications Office of the European Union, 2022 25 European Commission, Directorate-General for Health and Food Safety, Study on economic models to

prevent the transport of unfit end-of-career dairy cows: final report, Publications Office of the

European Union, 2022 26 European Court of Auditors, Review 03/2023 “Transport of live animals in the EU: challenges and

opportunities”. https://www.eca.europa.eu/Lists/ECADocuments/RV-2023-03/RV-2023-03_EN.pdf

EN 9 EN

The measures satisfy the principle of no significant harm as the implementation of all the

measures chosen (limiting journey durations but increasing space allowance for animals

within trucks) would overall represent a negligible impact on greenhouse gas emissions

(GHG).

In addition, the proposal meets the principle of digital by default as it intends to digitalise

certificates and authorisations that under the current Regulation are handled on paper.

Maximum journey times and space allowances during transport

The options assessed in the impact assessment are:

1. maximum journey times of 12 hours for all animals, and revision of rules on space

allowance in line with EFSA, or

2. maximum journey times of 9h for animals for slaughter, and 21h (with a minimum

1h rest after 10h) + 24h rest with unloading + 21h (with a minimum 1h rest after

10h) for other animals, and revision of rules on space allowance in line with EFSA.

The impact assessment concludes that the second option is preferred. This option is well

articulated with EU rules on social rights of drivers27. This proposal reflects this preferred

option, providing for a 5 years’ transition period for these measures.

The limitation of journey times will have a high positive impact on animal welfare, both

animals transported for slaughter and other reasons. This not only due to the limitation of the

journey duration, but also because of the limitation of the frequency of unloading and

reloading, which is associated with stress and welfare problems (while today there is no

limitations in the number of unloading for a rest of 24h, the new rules will not allow it in the

case of animals for slaughter and will allow only one such rest with unloading for animals

transported for other purposes). 2.6 million of mammals are transported annually for a

duration of over 9 hours for slaughter, and 1 million are transported annually for over 42

hours for other types of journeys between Member States.

As regards animals transported for slaughter, the option is not expected to have major

economic impacts since relatively few of journeys above 9 hours are performed in the EU

(between 0.3% and 3.4% of animals transported for slaughter across Member States,

depending on the species).

Within the EU, the journey times proposed for animals transported for fattening and

production would impact 1,4% of bovines and 0.2% of pigs. The journey times proposed for

animals transported for breeding would impact between 9% and 16% of cows, goats, pigs and

sheep moved between Member States. This is therefore also expected to have limited

economic impacts on operators.

Combined with increased space allowances, in trucks, aligned with EFSA opinion, this is

expected to bring significant animal welfare benefits, as well as additional costs for

27 The measure of maximum 9h journey times for animals for slaughter is in line with EU rules on social

rights of drivers, which foresee maximum 9h when there is only one driver. The measure for animals

transported for other purposes also allows alignment with the EU legislation on social rights of drivers,

in the case where there are two drivers. Indeed, for two drivers, the EU legislation on social rights of

drivers provides for a maximum 19h of drive. Since journey times in this proposal includes loading and

unloading the animals (and estimating 1h of time for loading the animals and 1h for unloading), this

corresponds to the maximum journey time of 21h.

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transporters due to the necessity to buy additional trucks, as the new rules are expected to

result in an increase in the number of transport hours and costs.

On EU level, the yearly net aggregated costs vary depending on the animal species and

categories transported, going from EUR 35 million for the transport of laying hens to EUR 1

069 million for the transport of beef cattle. The majority of these costs comes from increased

space allowance, and fall on transporters. This aggregate data is linked to the large quantities

of food of animal origin produced in the EU (and thus, large number of animals transported).

In average it corresponds to an increase of production costs of 1,4 Eurocents per kilo of meat,

milk, or eggs produced. The impact on consumer prices, as described below under “overall

assessment”, corresponds to an improvement on animal welfare conditions during transport

which largely responds to the request of Union citizens, as illustrated by the results of the

2023 Eurobarometer where 83% asked to improve such conditions.

In terms of social impacts, an increase in the number of transports needed would increase the

need for drivers. In terms of environmental impacts, while the reduction of journey times

reduces emissions, the increases in space allowance leads to an increase in emissions. The

impact assessment shows that the combined effect of these measures is a marginal increase in

emissions.

Export of live animals

The options assessed in the impact assessment are:

1. a ban on exports of ruminants; or

2. new reinforced rules on import, including rules to ensure that measures on journey

times and space allowance are applied until the place of destination, an animal

welfare officer on board of vessels, and requiring that vessels are flying a white or

grey flag under maritime safety rules.

The impact assessment concludes that the second option is preferred. This proposal reflects

this preferred option, and provides for a 5 years’ transition period for these measures.

Exporting under stricter conditions (including rules on maximum journey times for road

transports and stricter maritime safety requirements for livestock vessels) would mean

significant improvements to animal welfare.

For road transport, while the number of kilometers travelled may be reduced, operators will

need to upgrade the trucks to increase space allowance.

Regarding maritime transport, the average cost of training of an animal welfare officer per

person per year is estimated to EUR 241. An increase of the enforcement costs associated

with the option of upgrading standards for livestock vessels could be expected.

The emissions by trucks and livestock vessels are not expected to vary significantly, as the

number of animals transported is not expected to vary significantly.

Transport of unweaned calves

The option examined in the impact assessment consists of two measures for unweaned

calves:

1. maximum journey times of 19h for unweaned calves (9h + 1h rest + 9 h), provided

that an efficient feeding system exists (transition period of 5 years); and

2. a minimum age of 5 weeks and minimum weight 50kg for transporting unweaned

calves (transition period of 2 years).

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The impact assessment confirms these two measures in the preferred option. This legislative

proposal deviates from this conclusion concerning the duration of the transition period for the

minimum age and weight of unweaned calves to be transported, and provides for a transition

period of 5 years also in this case. This is to mitigate impacts on dairy farmers who will need

to adapt in order to keep the calves longer on farm.

Maximum journey times and minimum age and weight of transported animals would improve

the welfare of unweaned calves, considered vulnerable animals especially exposed to welfare

and health risks during transport.

Technological developments in establishing an effective system for feeding the calves on the

trucks are well advanced, but are not yet in general use, would allow for the transport of

calves up to 19 hours (9h drive, 1h rest and feeding, 9h drive). This would mitigate the

negative economic impacts of a maximum journey times of 8h in case no effective feeding

system is in place, although the three Baltic states would still be impacted, as they are

currently the point of departure of long journeys for unweaned calves exceeding 19 hours. A

transition period of 5 years is proposed, as Member States impacted by this measure need

time to restructure their sector. While the feeding interval would be 9h in all cases, where

calves are transported by Ro-Ro vessels (e.g. from Ireland to the continent), the part of the

journey spent on the Ro-Ro vessel is not counted in the above-mentioned maximum journey

time.

The cost for installing a feeding system in an existing truck is estimated to be between EUR

25 000 – EUR 30 000, while a new truck equipped with such a feeding system is estimated to

cost around EUR 500 000. Due to the higher age of the calves, the current three-decked

trucks will need to be transformed in two-decked trucks, which will incur limited costs for

transporters.

The new requirements are estimated to increase the cost for dairy farmers of keeping the

animals longer on farms. However, the selling price of the calves would be higher since they

are stronger. An improved health status and reduced mortality of calves upon arrival due to

increased resilience is also beneficial for fattening farms. Therefore, overall the impact for is

expected to be positive for most farmers.

The option would have a positive environmental impact, since more limited maximum

journey times would reduce transport related GHG emissions.

Transport in hot temperatures

The option examined in the impact assessment consists in an approval of transport for long

journeys subject to weather forecasts. If the weather forecast is between 25°C and 30°C, only

short journeys (max 9 hours) would be allowed during daytime, with access to water for the

animals. If weather forecast is higher than 30°C, only animal transport at night (i.e. between

21h00 and 10h00) would be allowed. A transition period of 5 years is foreseen. The impact

assessment confirms this as the preferred option, which is also reflected in this proposal.

The option would improve the welfare of the animals as it would allow them to avoid heat

stress.

Many Member States today do not approve long journeys when temperatures above 30°C are

forecasted, further to recommendations from the Commission. Therefore, the economic

impacts of this measure could be expected to be mainly linked to the logistical challenge of

transporting animals by night when the daytime temperature is forecast above 30° C, but will

provide a uniform rules for such cases in the EU. Transporters will see an increase in their

costs due to higher wages for night-time driving but also higher administrative costs when

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inspections and checks have to be performed during the night. A limited impact is also

expected on farmers and slaughterhouses.

No environmental impact is expected. With regards to social impact, workers in the sectors,

specifically drivers, slaughterhouse personnel, official veterinarians, may need to perform an

increased number of nightshifts which may have an additional impact on labour needs.

New technologies

Two options have been assessed in the impact assessment. The first option is composed of

these 2 measures:

1. Real-time positioning of trucks; and

2. A central database and digital application.

The second option consisted of retrospective checks based on trachographs, combined with

the central database and digital application referred to above.

The impact assessment concludes that the first option is the preferred option, which is

reflected in this proposal. It provides that GPS data of trucks will be communicating with an

automated system (the EU central database), itself connected to TRACES so that competent

authority can access information about the timing when the truck reached certain points

(place of departure, control post, border crossings between Member States, place of

destination) so that the competent authorities can carry out official controls based on such

information. Since the reduction of maximum journey times is one of the main measures to

achieve the animal welfare policy objective, this is necessary to provide Member States’

competent authorities with tools to be able to perform official controls in an effective manner.

Real-time tracking systems will make it possible to better target and perform more efficiently

official controls with the help of the central EU database, resulting in improved animal

welfare.

Since more than 77% of the current transport trucks are already equipped with a tracking

system, the operators’ costs for meeting the new standards would be marginal.

The administrative burden for transporters is expected to decrease substantially with the use

of an automated tracking system and IT platform.

The main cost, although limited, would be associated for the Commission to develop modules

in the existing TRACES system (see Legislative financial statement). Member States

administrations would incur limited costs related to training of staff.

Although digitalisation, reducing the use of paper, is expected to reduce the GHG emissions

associated with paper, a small increase in GHG emissions associated with the higher energy

use is expected.

A slight positive social impact is expected. While less administrative staff may be needed

among the business operators, the number of staff needed in public administration for

processing the data collected might increase. For operators, the simplification thanks to

digitalization will mean improved working conditions.

Better protection of cats and dogs transported for commercial purposes

The options assessed in the impact assessment are:

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1. updated and more specific requirements for the transport of cats and dogs for

economic purposes, including temperature conditions and a minimum age of 15

weeks for transport; or

2. updated and more specific requirements for cats and dogs but with a minimum age

of 12 weeks for transport.

The impact assessment concludes that the second option is the preferred one, and this is

reflected in this legislative proposal, with a 3-year transition period.

The measure would improve the welfare of cats and dogs transported in the context of an

economic activity, for which specific provisions are largely missing at present. For instance, a

minimum age for being transported will allow for a better development of immunity against

infectious diseases.

Regarding economic impacts, additional veterinary health checks of the cats and dogs may

cost between EUR 10 and EUR 40 per animal. The economic impact of the new requirements

for feeding and watering are expected to be limited, since relatively similar rules apply

already. Additional costs for transporters may also be expected, related to the improvement or

replacement of their current vehicles to meet the new standards may be expected. A

commercially available new dog trailer without air conditioning but properly designed is

estimated to cost between EUR 1 000 and EUR 3 000 for two to four dogs.

No significant environmental impacts are expected. Considering social impacts, including on

human health, the additional vaccination requirements and the higher age at transport

proposed in this measure may result in fewer sick animals after arrival, which would have a

positive impact also on human health.

Overall assessment

The impact assessment report also presents the expected cumulative impacts of two packages

of options, as well as their impact on international competitiveness, food security, food

affordability and distributional effects. This showed that, for measures concerning journey

times, space allowance, transport of unweaned calves, hot temperatures and new

technologies, the cumulative impact on production costs for the preferred package (package

2) represents at EU level on average an increase in production costs of 1,4 Eurocent per kilo

of meat, milk or eggs per year. This increase in cost is expected to take place during the 5-

year transition period. The modelling performed showed that the impacts of this limited

increase in production cost on production levels, levels of imports, of exports, as well as

consumer prices are limited. Consequently, the measures are expected to have very limited

impacts on the international competitiveness of EU’s livestock sector. Similarly, no

significant impact was identified concerning the availability dimension of food security (with

only a marginal reduction in poultry consumption). Concerning food affordability, the

modelling shows impacts on consumer prices between 0.06% and 4.37% depending on the

commodity. This represents an additional expenditure ranging from EUR 2.81 to EUR 14.09

per person per year, depending on diet and income.

The impact assessment shows that this proposal will contribute to the Sustainable

Development Goals (SDGs): it will contribute to SDG 3 “Good health and well-being” as

improving animal welfare during transport will contribute to combat AMR in both humans

and animals; it will also contribute to SDG 12 “Responsible consumption and production”

since producing food with higher animal welfare standards equates to a more responsible

production system.

Opinion of the Regulatory Scrutiny Board on the impact assessment:

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The impact assessment was submitted to the Regulatory Scrutiny Board for approval on 30

October 2023, and received a positive opinion with reservations on 17 November 2023. The

RSB opinion asked to present the analysis of costs and benefits more clearly, to complement

the analysis of impacts on competitiveness, distributional impacts in the supply chain, and to

clarify the comparison of options. The impact assessment was revised to address these RSB

recommendations. In particular, the supply chain analysis was updated to be made more

comprehensive and better reflect impacts on producers, and the relation between the supply

chain analysis and the analysis of impacts on competitiveness was clarified.

• Regulatory fitness and simplification

Providing more uniform requirements – such as common rules on the maximum journey

times – will bring a simplification for the operators, as well as for the competent authorities,

compared to the current rules that differ per species and categories of animals. Furthermore,

clearer definitions and less use of open norms will make the legislation more efficient and

easier to comply with, as business operators no longer need to make their own assessments to

decide on the thresholds to use for different provisions to apply.

A greater use of digital tools will simplify the communication between businesses and public

authorities. Real-time tracking of vehicles would allow to better plan, target and streamline

all official controls on animal transport.

No derogations are foreseen for SMEs as they represent the quasi total of business operators

impacted and therefore, their particularities are taken into account already for the selection of

the measures and definition of transition periods.

• Fundamental rights

Provisions on real-time positioning of vehicles were designed to ensure that the protection of

personal data is safeguarded, in compliance with the General Data Protection Regulation.

4. BUDGETARY IMPLICATIONS

This proposal has the following budgetary implications for the EU budget over the period

2022-2027 of the EU Multiannual Financial Framework (MFF). Details are provided in

financial statement attached to this proposal.

Human resources for the implementation of the proposal, the studies, audits, tertiary

legislation and international activities: 6,5 full-time equivalents (FTE) per year as from 2026.

Under heading 1 “Contributing to a high level of health and welfare for humans, animals and

plants” of the multiannual financial framework: EUR 2,4 million for the period 2024- 2027.

This covers:

One-off costs: Study on modalities for the use of new technologies and digitalization to

facilitate the implementation and enforcement of rules on animal welfare during transport:

EUR 250.000.

One-off costs: developing module in TRACES: EUR 1.400.000.

Recurring costs: Maintenance of TRACES: EUR 450.000 per year.

One-off cost: Development of digital app: EUR 300.000

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5. OTHER ELEMENTS

• Implementation plans and monitoring, evaluation and reporting arrangements

The Commission regularly audits Member States to monitor the extent to which they comply

with EU law28. The proposal contains an article on the network of liaison bodies in Member

States for animal welfare during transport. This network will play an important role to

promote a uniform implementation of the new Regulation across the Union.

The Commission designated EU reference centres for animal welfare providing technical

assistance for the implementation of the EU animal welfare legislation, including on

transport. The Commission also supports continuous training29 that covers the protection of

animals during transport within the Better Training for Safer Food programme. The

implementation of the new rules will also be discussed in the EU Animal Welfare Pltform.

All these activities will contribute to the implementation of this revision. In addition, the level

of implementation will be visible through new requirements to monitor and report on

indicators, primarily using real-time TRACES data in addition to reports from competent

authorities. Such a monitoring report on the state of animal welfare in the Union with regards

to transport shall be presented 5 years after the date of entry into force of the new Regulation,

and at least every 5 years hereafter.

In order to be able to gather robust evidence after the 5 years transition periods, an evaluation

report should be presented 10 years after the entry into force of the Regulation.

• Detailed explanation of the specific provisions of the proposal

Chapter I: Subject matter, scope, definitions, and general provisions

This chapter clarifies the scope of application of the proposal, provides for definitions, and

includes general requirements applicable to all transport operations.

Chapter II: Organiser and transporter authorisations

This chapter establishes the rules and conditions for authorisation of organisers to arrange the

transport of animals and for authorisation of transporters to transport animals.

Chapter III: Means of transport

This chapter provides for the conditions for the approval of road vehicles for transport of

animals, that already exist in the present legislation. Transport by air must be carried out by

carriers that are members of IATA.

Chapter IV: Obligations prior to departure

This chapter requires journey logs for both long and short journeys. Keepers are to be

responsible for the fitness for transport of the animals loaded.

Chapter V: Obligations during transport and at the place of destination

This chapter addresses obligations for transporters during the journey. Assembly centres are

also covered.

This chapter provides for the obligation for real-time tracking of road vehicles.

28 Audits can be consulted at: https://ec.europa.eu/food/audits-analysis/audit-report 29 https://food.ec.europa.eu/horizontal-topics/official-controls-and-enforcement/legislation-official

controls/better-training-safer-food_en

EN 16 EN

Transporters are also obliged to collect information on the basis of certain indicators, analyse

them and take corrective measures to improve welfare of transported animals.

Chapter VI: Conditions for transport of terrestrial animals

This chapter provides for maximum journey times both for animals for slaughter and animals

transported for other purposes. Specific maximum journey times are also set out for the

transport of unweaned animals.

Journeys under extreme temperatures are limited in time with additional conditions to be met.

Chapter VII: Transport to and from third countries

This chapter includes new rules for the transport of animals to third countries, such as

certification for organisers and attestations signed by third country competent authorities

prior to a journey by livestock vessel.

Control posts in third countries must comply with equivalent standards to those applicable in

the Union.

Chapter VIII: Obligations of competent authorities

This chapter contains provisions on the training and certificates of competence of operators

as well as the requirement to designate exit points. The chapter also includes rules on national

liaison bodies for transport of animals, as well as on analysis of data gathered on the basis of

the indicators referred to in Chapter V.

Chapter IX Sanctions

This chapter contains provisions on sanctions for infringements of the Regulation, including

in particular in the case of serious infringements.

Chapter X: Procedural provisions

Chapter XI: Other provisions

This chapter contains provisions on stricter national measures, the creation of a digital app to

facilitate implementation and enforcement of the Regulation, as well as a derogation with

respect to existing national provisions concerning outermost regions.

Chapter XII: Transitional and final provisions.

This chapter amends Council Regulation (EC) No 1255/97 on control posts, requiring them to

be adequately equipped for the relevant species and categories of animals and to have a

booking system available to organisers.

EN 17 EN

2023/0448 (COD)

Proposal for a

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

on the protection of animals during transport and related operations, amending Council

Regulation (EC) No 1255/97 and repealing Council Regulation (EC) No 1/2005

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular

Articles 43(2) and 114(1) thereof,

Having regard to the proposal from the European Commission,

After transmission of the draft legislative act to the national parliaments,

Having regard to the opinion of the European Economic and Social Committee30,

Having regard to the opinion of the Committee of the Regions31,

Acting in accordance with the ordinary legislative procedure,

Whereas:

(1) Council Regulation (EC) No 1/200532 established common minimum rules for the

protection of animals during transport. Since its adoption, science and technology

have evolved. There is a better understanding of space allowance requirements and of

the needs of animals during transport, in particular those of unweaned and aquatic

animals. There have been significant developments in the availability of digital

solutions for the administrative steps involved in the transport of animals. With

increasing citizens’ awareness and concerns about animal welfare and the trend

towards more sustainable production methods, many Member States are revising or

adopting national rules going beyond the Union minimum requirements. In addition,

the Fitness Check of the EU animal welfare legislation33, revealed, in relation to

Regulation (EC) No 1/2005, difficulties in interpreting, applying, and enforcing

certain provisions, thus contributing to an uneven playing field for the different actors.

It is therefore necessary to revise the rules on the protection of animals during

transport to align them with the latest science and technology, as well as to make them

easier to apply and enforce.

30 OJ C , , p. . 31 OJ C , , p. . 32 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 OJ L 3, 5.1.2005, p. 1–44. 33 Commission Staff Working Document ‘Fitness Check of the EU Animal Welfare legislation’,

SWD(2022) 328 final, 4.10.2022

EN 18 EN

(2) Animal welfare is a Union value enshrined in Article 13 of the Treaty on the

Functioning of the European Union (‘TFEU’). In addition, the Union and several

Member States are signatories to the revised European Convention for the protection

of animals during international transport34.

(3) The transport of live animals is an important part of the agri-food chain. The

protection of animals during transport is a matter of public concern that affects

consumers’ attitudes towards agricultural products. This Regulation aims to simplify

procedures, reduce administrative burden and facilitate easier enforcement of

harmonised rules, while ensuring a high level of protection of animals during

transport. Ensuring the protection of animals during transport has a positive impact on

the health and welfare of the animals and contributes to better quality of animal

products.

(4) This Regulation aims at ensuring the smooth functioning of the internal market,

including for animals not used for food production, such as cats and dogs, fur animals,

certain types of wild animals, and animals used for scientific purposes.

(5) In 2022, the European Parliament adopted recommendations on the protection of

animals during transport based on the report of the Committee of Inquiry on the

Protection of Animals during Transport within and outside the Union (ANIT

Committee). The recommendations call on the Commission and the Council to

carefully review EU legislation on protection of animals during transport based on a

rigorous scientific investigation into the impact of transport on animals of all species

and ages and on an in-depth socio-economic, environmental and health impact

assessment taking into account the diversity of geographical situations and

specificities, and farming models across the Union. The report of the ANIT

Committee also pointed out shortfalls of existing implementation throughout the

Union and recommended measures such as restricting journey times, banning

transports in extreme temperatures, ensuring that transport of animals to third

countries take place respecting principles of protection of animals throughout the

journey until they reach their destinations in third countries. In addition, the European

Parliament pointed out the need to replace transport of live animals with a more

efficient ethical system which favours the transport of semen or embryos over

breeding stock, and carcasses and meat over animals being transported for slaughter.

(6) In September 2022, the European Food Safety Authority (‘EFSA’) published five

scientific opinions relating to various welfare consequences and hazards arising

during transport of small ruminants35 (sheep and goats), equidae36 (horses and

donkeys), bovines37 (cattle and calves), pigs38 and animals in containers39, including

34 European Convention for the Protection of Animals during International Transport, Council of Europe,

Chişinau, 6.XI.2003, European Treaty Series-No. 193. 35 EFSA AHAW Panel (EFSA Panel on Animal Health and Welfare) Scientific Opinion on the welfare of

small ruminants during transport. EFSA Journal 2022; 20(9):7404, 101 pp 36 EFSA AHAW Panel (EFSA Panel on Animal Health and Welfare) Scientific Opinion on the welfare of

equidae during transport. EFSA Journal 2022; 20(9):7444, 113 pp. 37 EFSA AHAW Panel (EFSA Panel on Animal Health and Welfare) Scientific Opinion on the welfare of

small ruminants during transport. EFSA Journal 2022; 20(9):7404, 101 pp. 38 EFSA AHAW Panel (EFSA Panel on Animal Health and Welfare) Scientific Opinion on the welfare of

pigs during transport. EFSA Journal 2022; 20(9):7445, 108 pp. 39 EFSA AHAW Panel (EFSA Panel on Animal Health and Welfare) Scientific Opinion on the welfare of

domestic birds and rabbits transported in containers. EFSA Journal 2022; 20(9):7441, 188 pp.

EN 19 EN

domestic birds (chickens, laying hens, turkeys etc.), and rabbits (‘EFSA opinions’).

The EFSA opinions broadly conclude that providing more space, lowering maximum

temperatures and keeping journey times to a minimum, are all required to improve the

protection of animals during transport. Therefore, Regulation (EC) No 1/2005 should

be replaced by a new Regulation that is in line with the latest developments in

scientific and technical knowledge in this field and with consumers’ demands, while

avoiding barriers to the functioning of the internal market and trade in live animals

and ensuring the enforceability of the new rules.

(7) To ensure a consistent and effective application of this Regulation across the Union in

the light of its basic principle, according to which animals must not be transported in a

way likely to cause injury or undue suffering to them, it is appropriate to set out

detailed provisions addressing the specific needs of the different species arising in

relation to the various types of transport. Such detailed provisions should be

interpreted and applied in accordance with the aforesaid principle and should be

updated in a timely manner, in particular in light of new scientific knowledge, taking

account of new EFSA opinions.

(8) Technology for navigation systems and electronic databases has advanced

considerably since the entry into force of Regulation (EC) No 1/2005. This makes it

possible to simplify procedures and strengthen controls and inspections on the

protection of animals during transport, thus leading to better enforcement of Union

rules. It is therefore important to make use of new technologies and expand the

possibilities provided by Trade Control and Expert System (TRACES-NT), the digital

certification and management platform for all sanitary and phytosanitary

requirements, which is embedded in the Integrated Management System for Official

Controls (IMSOC)40.

(9) This Regulation provides for rules so that the TRACES database can incorporate

digital authorisations, certificates of approval, certificates of competence, journey

logs, live tracking of road vehicles and temperature forecasts. TRACES should also

contain lists of control posts in third countries and EU exit points. It also allows for

more realistic journey planning, efficient traceability, better monitoring of operations

and animal welfare indicators, timely emergency measures and complete analysis of

data, with the overall objective of ensuring more effective application and better

enforcement of the Union rules on the protection of animals during transport, as well

as considerably reducing administrative burden.

(10) The obligation of Union operators to protect animals during transport does not end at

the external borders of the Union. Organisers of transport of animals from the Union

to a place of destination in a third country must ensure compliance with Union rules

on the protection of animals during transport also during the stages of the journey that

take place outside the Union, and until the animals arrive at the final place of

destination in the third country. This is coherent with the case law of the Court of

Justice of the EU in Case C-424/1341. This Regulation should therefore apply to the

transport of animals for which the place of departure is in the territory of the Union

40 Commission Implementing Regulation (EU) 2019/1715 of 30 September 2019 laying down rules for

the functioning of the information management system for official controls and its system components

(the IMSOC Regulation), C/2019/7005, OJ L 261, 14.10.2019, p. 37–96. 41 Judgment of 23 April 2015, Zuchtvieh-Export GmbH, C-424/13, ECLI:EU:C:2015:259, paragraph 56

EN 20 EN

and regardless of whether the place of destination is in the territory of the Union or in

a third country.

(11) Transport of live animals from third countries to the Union territory mainly concerns

certain species of animals and it is usually carried out through direct routes. When live

animals are imported into the Union, operators who transport such animals from a

third country to a place of destination within the Union should ensure that the animals

are protected at least in an equivalent manner to animals transported within the Union

territory, and this from the moment when the animals are loaded onto the means of

transport in the third country until the place of destination in the Union. This is

necessary in light of Union citizens’ concerns related to the welfare of animals during

transport, which extends to all animals transported to, from or within the Union. This

Regulation should therefore apply to the transport of animals for which the place of

departure is in the territory of a third country and the place of destination is in the

territory of the Union. In order to ensure proper application of the requirements for

such transport at the place of departure, it is necessary for the competent authority of

the third country to check the planning of the journey concerned, and to certify in the

official health certificate for imports of the animals into the Union and via its approval

of the journey log, that the planning of the journey has been done in accordance with

this Regulation, or with equivalent requirements. The transporter of the animals

should be responsible for ensuring that this planning is respected until the point of

destination and should comply with the obligation to complete the journey log.

(12) For transit of animals from a third country to another or to the same third country via

the Union territory, Union rules should apply during the part of the journey taking

place on the Union territory. Although neither the place of origin nor the place of

destination of that transport is in the Union, for the benefit of the animals and given

citizens’ concerns, this Regulation should apply to the part of the journey that takes

place within the territory of the Union. Transporters should ensure that the animals are

transported in conditions that comply with this Regulation, notably with respect to

space allowances, feeding and watering, since these are essential for the welfare of

animals transported on the Union territory. However, compliance with rules on

journey times should not be required in such cases, as this could lead to even longer

journeys for the animals concerned by requiring third country operators to circumvent

the Union territory via longer routes, which would potentially have a worse impact on

animal welfare.

(13) The World Organisation for Animal Health (WOAH) Terrestrial Animal Health

Code42 contains guidelines setting minimum standards at global level as regards

animal behaviour, the responsibilities and competence levels of the different actors

involved in the transport of animals, the documentation to be provided, journey

planning, loading, and actions in the event of a refusal of the animals, among others.

This Regulation takes into account those guidelines.

(14) Experience enforcing Regulation (EC) No 1/2005, as well as case law of the Court of

Justice of the EU such as in Case C-301/1443 show that economic activity in relation

42 WOAH Terrestrial Animal Health Code, 2023, Terrestrial Code Online Access - WOAH - World

Organisation for Animal Health. 43 Judgement of 3 December 2015,

EN 21 EN

to transport of animals should be construed in a broad sense. Transport of animals in

connection with an economic activity should not be considered as limited to cases

involving an immediate exchange of money, goods or services or where transport is

carried out with the intention of making a profit. If a transport forms part of an

offering of goods or services on a given market, it should be considered as a transport

in connection with the economic activity.

(15) The main species of animals transported within the Union and from the Union to third

countries for economic purposes are vertebrate animals including small ruminants,

equidae, bovines, pigs, domestic birds, rabbits, and aquatic animals, namely fish,

cephalopods, and decapods. To ensure proportionality, the scope of this Regulation

should be limited to those species.

(16) Ornamental fish are usually transported in small boxes by express couriers in bags of

water especially adapted to their needs and the duration of the journey is usually less

than 24 hours. Therefore, the transport of ornamental fish rarely represents a major

risk for animal welfare and should be excluded from the scope of this Regulation.

(17) Directive 2010/63/EU of the European Parliament and of the Council44 regulates the

protection of animals used for scientific purposes. Due to the strict requirements on

the quality of animals needed for research and testing, any compromises to the health

or welfare status of animals on arrival at their place of destination have a direct impact

on the possibility to use them for those purposes. In addition, scientific procedures

may require the use of animals that can potentially be considered unfit for transport

according to this Regulation such as some genetically modified animals and animals

which have undergone surgical procedures for the purpose of the projects in line with

Directive 2010/63/EU. Transport of live animals for scientific purposes is undertaken

by specialist operators with specially designed vehicles equipped to ensure the health

and welfare of the animals throughout the planned journeys. While a distinction can

be made with regard to the purpose for which these animals are transported, their

welfare should be guaranteed. However, it would be neither coherent nor acceptable

to include them completely in the scope of this Regulation. For these reasons, species-

specific rules related to fitness for transport, watering and feeding intervals and

certain provisions concerning journey times, temperatures and rest periods should not

apply to transport of animals used or destined to be used for scientific purposes in a

project authorised under Directive 2010/63/EU of the European Parliament and of the

Council.

(18) Experience with the application of Regulation (EC) No 1/2005 shows that operators

often prolong journeys beyond the limits set out in the relevant provisions by

transporting animals from a holding to several assembly centres consecutively. The

animals are grouped together with animals from other holdings in these assembly

centres and only the last assembly centre is recorded as the place of departure.

Therefore, a mandatory stay of the animals at both the place of departure and

destination should be imposed and assembly centres should only be allowed to be

places of departure if they are situated locally, with the aim of preventing the practice

of “assembly centre hopping”.

44 Directive 2010/63/EU of the European Parliament and of the Council of 22 September 2010 on the

protection of animals used for scientific purposes (OJ L 276, 20.10.2010, p. 33).

EN 22 EN

(19) Only organisers of the transport of animals who have the means to comply with the

requirements of this Regulation should be allowed to transport animals for long

journeys. Therefore, it is appropriate to establish an authorisation system for

organisers. Organisers should be responsible for ensuring compliance with Union

rules from the place of departure to the place of destination. They may subcontract the

transport of animals to a transporter and should remain responsible for ensuring

compliance with Union rules by that transporter and any other persons involved in

that transport. The organiser should provide proof to the competent authorities of their

ability to ensure that Union rules on transport are met until the animals’ arrival at the

place of destination.

(20) Transporters and their staff play a central role in the transport of animals significantly

influencing the welfare conditions of the transported animals. Welfare conditions of

animals during transport are significantly impacted by the day-to-day conduct of

transporters. They should have the necessary competence to ensure compliance with

this Regulation, as well as compliance by their staff, and the necessary approval of the

means of transport used, together with contingency plans to address emergencies.

Therefore, it is appropriate to have an authorisation system for transporters. They

should be accountable and transparent concerning their status and operations. In

particular, they should report any difficulties and keep precise records of their actions

and the results.

(21) Means of transport should be designed to avoid injury or suffering to the animals.

Therefore, it is appropriate to set out technical requirements to be fulfilled for a means

of transport to be approved and taking account of the needs of specific species and

categories of animals on board.

(22) The transport of animals by air is significantly less common compared to transport by

road and sea. Due to the costs associated with this type of transport, in the majority of

cases, animals transported by air are pets and high-value animals intended for

breeding or sport activities. Air transport of animals is carried out in line with

International Air Transport Association (IATA) technical rules set out in Live

Animals Regulations (LAR), designed and annually updated by the Live Animals and

Perishables Board (LAPB) to balance the principles of protecting welfare of animals

and safety on board of aircraft, as well as taking into account the specificities and

limitations of air transport. Carriers that are members of IATA are obliged to follow

the standards in the regulations in carrying out transport operations, as well as in

equipping their aircraft. Transport of animals by air should therefore only be allowed

in aircrafts belonging to carriers that are members of IATA.

(23) As evidenced by Commission audits and competent authorities’ inspections, a

significant number of livestock vessels currently operating in the Union do not meet

the appropriate standards of maritime safety and pose a risk both for animals and

crew. To ensure compliance of these livestock vessels with safety standards and the

proper functioning of essential systems such as power generation, stability,

ventilation, water desalination and drainage systems, among others, only livestock

vessels flying flags identified as white or grey under the Paris Memorandum of

Understanding on Port State Control45 should be approved for the transport of animals

by the relevant competent authorities in the Member State. In addition, competent

45 https://www.parismou.org/

EN 23 EN

authorities should only allow loading of animals to these vessels if their ship risk

profile is identified as low risk or standard risk according to the Paris Memorandum

of Understanding on Port State control.

(24) Records for approvals of livestock vessels are currently kept in the information system

supporting the New Inspection Regime stemming from Directive (EU) 2009/16/EC on

Port State Control46. The Hybrid European Targeting and Inspection System

(THETIS) is a database facilitating official controls of sea vessels in the Union,

including livestock vessels. This database includes a module specific for official

controls focusing on requirements for the protection of animals. Information on

authorised livestock vessels should also be available in TRACES, to enable the digital

creation, update and completion of journey logs in TRACES. The Competent

authorities should be responsible for regularly updating this information.

(25) In accordance with Implementing Regulation (EU) 2023/372,47 following approval

and before any renewal of approval of a livestock vessel, an official veterinarian

should accompany the consignment of animals for the first journey. This allows the

veterinarian to perform official controls throughout that first journey to check that the

mechanical and management systems of the livestock vessel are not detrimental to the

welfare of the animals on board during the journey.

(26) Journey logs are important tools to allow all actors involved in the transport of

animals, and competent authorities, to be aware of the planned route and timing of the

journey, and to check if the planned route is followed in practice, therefore facilitating

enforcement. Specific elements of the journey log should be designed to ensure better

enforcement of animal welfare standards, in particular by increasing the traceability

and transparency of transport operations. Competent authorities in the Member States

should approve journey logs for long journeys both within the Union and to third

countries, as well as short journeys to third countries. The use of journey logs should

be fully digitalised by making use of and expanding the possibilities provided by

TRACES. Digitalisation of the journey log will improve data collection and allow

better analysis and risk identification.

(27) To ensure that journeys do not exceed the planned length and to provide for better

traceability, a simplified journey log for short journeys within the Union should be

introduced. Completed by the organiser and without the requirement for approval of

the competent authority, these journey logs will help competent authorities to assess

the performance of operators during inspections and checks. In addition, this will

allow both competent authorities and the Commission to have information on all

transport operations.

(28) Pregnant animals are especially vulnerable during transport. As it is not always

possible for the transporter to assess the stage of pregnancy of such animals, the

keeper should be responsible for providing information to the transporter about the

pregnancy stage or the insemination date, when applicable.

46 Directive 2009/16/EC of the European Parliament and of the Council of 23 April 2009 on port State

control (recast) (Text with EEA relevance) OJ L 131, 28.5.2009, p. 57–100. 47 Commission Implementing Regulation (EU) 2023/372 of 17 February 2023 laying down rules on the

recording, storing and sharing of written records of official controls performed on livestock vessels, on

contingency plans for livestock vessels in the event of emergencies, on the approval of livestock

vessels and on minimum requirements applicable to exit points. OJ L 51, 20.2.2023, p. 32–39.

EN 24 EN

(29) The scarcity of specific provisions in Union law on transport of cats and dogs, in

particular pups and kittens of various breeds, as well as divergent interpretation and

enforcement of existing Union rules by Member States, have led to the frequent

transportation of these animals in circumstances that pose risks to their welfare and

lead to an uneven level playing field for operators. Therefore, it is necessary to better

define specific rules regarding the minimum age of transported cats and dogs and the

feeding intervals during the journey, to require preventive veterinary treatments to

avoid stress related and species-specific diseases, and thus to expand the specific and

harmonised rules on commercial transport of cats and dogs. For that same purpose, it

is necessary to provide for rules, such as on temperature and humidity requirements

and the necessity of a journey log for long journeys.

(30) The WOAH guidelines on the welfare of farmed fish during transport set the

minimum standards for compliance at international level and contain

recommendations as regards responsibilities, planning, vehicles design, equipment,

handling, water, preparation, species specific issues, contingency planning,

documentation, loading and unloading. Based on these guidelines, specific provisions

for aquatic animals should be set and updated based on new science when the relevant

opinions of EFSA are available. An important element for the welfare of transported

animals is the space allocated to them on board the means of transport, which depends

on their species, categories, and size. In the EFSA opinions, it is recommended that,

while on board, animals should have enough space to change position, drink and rest.

Therefore, the space allowance requirements laid down in Regulation (EC) No 1/2005

should be increased in line with EFSA recommendations.

(31) The real time positions of aircrafts, sea vessels and trains are currently publicly

available and accessible for reasons of safety and information. Most road vehicles are

already equipped with a satellite navigation system that keeps records of the actual

route followed and the length of the journey. This information is of crucial importance

for the competent authorities to implement and better target on a risk basis their

official controls. However, this information with respect to road vehicles is not

available to competent authorities.

(32) Limiting the length of the journey plays a fundamental role in the protection of

animals during transport. There is evidence that in practice the estimated duration of

journey times in the initial planning are often exceeded, which can have serious

detrimental effects on the welfare of the transported animals. Currently, there is no

means for the competent authority to check the location of consignments during the

journey in order to target their controls and inspections in relation to journey and rest

times, carried out in accordance with Regulation (EU) 2017/625. This makes it

difficult for competent authorities to control that the actual journey duration

corresponds to that declared. Many of these challenges would to be solved with

information gathered via an information sytem using of real-time positioning tools.

(33) Accessing information concerning the time at which road vehicles have reached

certain key points in the journey, such as control posts or place of destination, would

allow competent authorities to strengthen and better plan and target their controls.

They could in particular better detect transports that are exceeding maximum journey

times, thus identifying transports that are more likely to end with animals in

compromised state of welfare. Therefore, all road vehicles should have a real time

positioning system capable of communicating their location throughout the journey

EN 25 EN

and after the journey has been completed to an information system connected to

TRACES.

(34) Data concerning the length of the journey and rest periods should be recorded and

kept for all journeys, for the purpose of processing the information only for official

control and other official activities linked to those official controls. The retention

period of these data should be 6 years so that these data are accessible to the

competent authorities, in particular with a view to checking whether the organiser or

transporter fulfils the conditions required in order to obtain a renewal of an

authorisation after the expiry of the 5-year period of validity. Positioning data

recorded in the information system connected to TRACES should only be recorded

and kept for the purposes of offical controls and other official activities llinked to

those controls. The retention period of these data should also be 6 years.

(35) In addition to Regulation (EU) 2016/67948 and Regulation (EU) 2018/1725,49 and to

provide specific adequate guarantees regarding data protection, the provisions

concerning processing and controlling of data laid down in Implementing Regulation

(EU) 2019/171550 concerning the database where these data will be stored should

apply.

(36) It is important for the competent authorities at the place of departure to be aware of

the fitness of the animals on arrival at the place of destination. Both drivers, or when

relevant, attendants, and keepers at the place of destination should declare the

condition of the animals arriving at the place of destination in TRACES, including

information on animal welfare indicators. The electronic version of the journey log

will allow the competent authorities at both the place of departure and the place of

destination to receive this information, allowing them to take action when the

condition of animals is not adequate or there is a discrepancy between information

provided by keepers, drivers or attendants.

(37) In general, scientific evidence suggests that longer journeys affect animal welfare

more negatively than shorter journeys. In light of the current distribution of

slaughterhouses in Member States, the latest scientific opinion on welfare of animals

during transport and with the intention of keeping journeys as short as possible,

journeys to slaughter should not last more than 9 hours. In general, slaughterhouses

currently in use are technologically adapted to the species and categories of animals

which they slaughter. To prevent a situation when slaughter would not be possible

because there is no appropriately equipped slaughter in the area within the 9-hour

transport, an exemption to the 9-hour limit should be foreseen to exceptionally allow

long journeys to appropriately equipped slaughterhouses, provided that this is

authorised by the competent authority.

48 Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the

protection of natural persons with regard to the processing of personal data and on the free movement

of such data and repealing Directive 95/46/EC (General Data Protection Regulation); OJ L 119,

4.5.2016, p. 1–88. 49 Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the

protection of natural persons with regard to the processing of personal data by the Union institutions,

bodies, offices and agencies and on the free movement of such data and repealing Regulation (EC) No

45/2001 and Decision No 1247/2002/EC; OJ L 295, 21.11.2018, p. 39–98. 50 Commission Implementing Regulation (EU) 2019/1715 of 30 September 2019 laying down rules for

the functioning of the information management system for official controls and its system components

(the IMSOC Regulation) C/2019/7005, OJ L 261, 14.10.2019, p. 37–96.

EN 26 EN

(38) EFSA opinions confirmed that too many stops with unloading and loading in control

posts along the journey are detrimental to animal welfare, as they lead to additional

handling of animals, with consequent additional stress and increased risk of exposure

to injury and infections. Therefore, long journeys should not include more than one

rest period with unloading and loading.For journeys by road or rail longer than 9

hours for purposes other than for slaughter, in addition to the latest scientific advice

from the EFSA, the maximum driving periods and minimum rest periods for road

drivers provided for in Regulation (EC) No 561/200651 should be taken into

consideration in order to better coordinate with the journey times and rest periods of

the animals transported.

(39) Unweaned animals are particularly vulnerable during transport and feeding them on

board in accordance with their needs should be ensured. Following EFSA’s scientific

advice, the minimum age and weight of these animals before they can be transported

should be increased so that they are more resilient and fit for transport. In addition,

these animals should be transported for a maximum period of 8 hours unless a system

is in place on board the means of transport, allowing unweaned animals to be

effectively fed with milk or milk replacement at body temperature under the

appropriate conditions.

(40) Experience with the application of Regulation (EC) No 1/2005 shows that providing

adequate feeding for unweaned animals is a challenging requirement to fulfil.

Unweaned animals must be fed species-specific milk or appropriate milk replacement

at body temperature under conditions similar to natural milk feeding and with

intervals that prevent onset of long-term hunger. Feeding systems should be designed

to allow delivery of the milk or milk replacement to every animal on board, with

minimal need for intervention by attendants or drivers. Maintenance should allow

appropriate cleaning and disinfection to prevent contamination of the milk. The

feeding system should be adapted to the circumstances and the type of transport in

which it is intended to be used. In particular, when animals are transported by roll-on-

roll-off vessel, the limited space around the means of transport and the motion of the

vessel should be taken into account. In order to avoid the development of

inconsistencies in feeding systems, the Commission should approve these systems

based on the scientific and technical evidence of their effectiveness of intended use

and conformity with the rules set out in this Regulation. The Commission should also

be assisted in this task by EFSA.

(41) While EFSA scientific opinions identify motion stress as an important risk for the

welfare of animals transported in road vehicles, they do not reach the same conclusion

with respect to motion stress in means of transport at sea. Journey times on means of

transport by road and rail are limited and rest periods are required with the purpose of

mitigating the effects of motion stress on the welfare of transported animals. Animals

transported by sea are not exposed to the same type of motion as animals transported

by road or rail. Motion on sea vessels does not impact animals’ stability in the same

way as motion on road vehicles, where they are subjected to repeated and unexpected

sudden movements. Consequently, the impact of sea transport on animals is less

51 Regulation (EC) No 561/2006 of the European Parliament and of the Council of 15 March 2006 on the

harmonisation of certain social legislation relating to road transport and amending Council Regulations

(EEC) No 3821/85 and (EC) No 2135/98 and repealing Council Regulation (EEC) No 3820/85,OJ L

102, 11.4.2006, p. 1–14.

EN 27 EN

detrimental for their welfare. Provided that animals on board of sea vessels such as

livestock vessels, container vessels and roll-on-roll-off vessels have sufficient space to

be able to lie down and rest, have feed and water in sufficient amounts and at

appropriate intervals, the time spent at sea should not be counted as journey time.

(42) The temperature experienced by animals during transport is an important factor

impacting their welfare. Measuring inside temperatures while on the road has proven

difficult and does not easily allow for remedial actions to be taken. Maintaining

temperature limits within a vehicle is difficult as it depends on many factors,

including humidity and space provided on board. Transporting animals in trucks

equipped with air conditioning is costly and likely unsustainable. Therefore, it is

appropriate to limit journey times during extreme temperatures to reduce the exposure

of animals to these and, in the most extreme cases, to allow the transport of animals

only during the night. In addition, measures palliating potential negative effects of the

temperature on board should also be taken, such as opening the truck vents and

providing more space for the animals.

(43) Organisers transporting animals to a place of destination in a third country must

arrange an evaluation of the first journey by a certification body in order to determine

the organiser’s ability to ensure compliance with this Regulation until the arrival of

the animals at the place of destination in the third country. If the conditions laid down

in this Regulation are not fulfilled, the competent authority should suspend the

organiser’s authorisation with respect to transport to third countries. The certification

body should regularly evaluate journeys to third countries arranged by the organiser

with a view to determining continues to have the means to comply with this

Regulation. Certification bodies should have the required knowledge and

qualifications, provide guarantees of continued independence from organisers,

transporters and any other person or entity involved in the transport or handling of

animals during transport and should be accredited by national accreditation bodies

established pursuant to Regulation (EC) No 765/200852.

(44) Council Regulation (EC) No 1255/9753 establishes requirements for control posts and

on the use of these control posts in the Union. To ensure that the transport of animals

from the Union to third countries complies with this Regulation in particular as

regards journey times, rest periods and the conditions of accommodation of the

animals during rest periods, control posts in third countries should meet equivalent

standards to those laid down in Union legislation, in particular Council Regulation

(EC) No 1255/97.

(45) Operators of control posts in third countries or organisers may request their inclusion

in a list to be adopted by the Commission provided they demonstrate compliance with

requirements at least equivalent to the Union rules, in particular Regulation (EC) No

1255/97. For this purpose, control posts in third countries may provide proof of

certification of compliance with requirements at least equivalent to those laid down in

Union law, in particular Council Regulation (EC) No 1255/97 by a certification body.

52 Regulation (EC) No 765/2008 of the European Parliament and of the Council of 9 July 2008 setting out

the requirements for accreditation and market surveillance relating to the marketing of products and

repealing Regulation (EEC) No 339/93, OJ L 218, 13.8.2008, p. 30–47 53 Council Regulation (EC) No 1255/97 of 25 June 1997 concerning Community criteria for staging

points and amending the route plan referred to in the Annex to Directive 91/628/EEC, OJ L 174,

2.7.1997, p. 1–6.

EN 28 EN

The list of approved control posts in third countries should be adopted by the

Commission by means of implementing acts.

(46) To better ensure that control posts meet the needs of the animals resting at their

premises, these should be adapted to the relevant species and categories. A booking

system should be put in place to avoid delays or overbooking of control posts.

Therefore, Regulation (EC) No 1255/97 should be amended accordingly.

(47) Experience shows that the designation of an exit point in the Union is important for

ensuring the smooth transport of live animals from the Union to third countries.

Animals should leave the Union through designated exit points that meet the

necessary requirements for animal welfare checks as referred to in Article 21(2), point

(c) of Regulation (EU) 2017/62554 and are capable of ensuring communication

between competent authorities at places of departure, assembly centres, control posts

and establishments of destination in this regard. Competent authorities should record

such designations in TRACES.

(48) Experience has shown that there is a risk that consignments of animals transported by

sea may be rejected by the country of destination on the basis of the documents

presented, for example, health certificates. In certain cases, this may affect the welfare

of the animals, as they cannot be returned to the place of departure for animal health

reasons. The competent authorities at the place of departure should approve a journey

log only when the operators provide them with an attestation of acceptance of

documentation for the international transport of live animals by sea signed by the

competent authority of the seaport of the country of final destination. Accordingly, it

is appropriate to establish a model attestation.

(49) Member States should lay down effective, proportionate, and dissuasive penalties for

infringements of this Regulation and ensure that they are applied. To ensure a

consistent and effective application of this Regulation across the Union, it is necessary

to avoid different levels of enforcement and that the differing severity of the penalties

applied for non-compliance with this Regulation in different Member States leads to

transport operations being planned in accordance with the lesser severity of the

penalties imposed in certain Member States. It is appropriate to identify those

infringements of this Regulation that cause significant risks to animal welfare and

establish minimum levels of financial penalties in relation to the value of animal

consignments in such cases. The degree of frequency of occurrence of the

infringement should also be a factor and repeated infringements should be regarded as

more serious. This should deter future infringements and improve the enforcement of

the Regulation.

54 Regulation (EU) 2017/625 of the European Parliament and of the Council of 15 March 2017 on official

controls and other official activities performed to ensure the application of food and feed law, rules on

animal health and welfare, plant health and plant protection products, amending Regulations (EC) No

999/2001, (EC) No 396/2005, (EC) No 1069/2009, (EC) No 1107/2009, (EU) No 1151/2012, (EU) No

652/2014, (EU) 2016/429 and (EU) 2016/2031 of the European Parliament and of the Council, Council

Regulations (EC) No 1/2005 and (EC) No 1099/2009 and Council Directives 98/58/EC, 1999/74/EC,

2007/43/EC, 2008/119/EC and 2008/120/EC, and repealing Regulations (EC) No 854/2004 and (EC)

No 882/2004 of the European Parliament and of the Council, Council Directives 89/608/EEC,

89/662/EEC, 90/425/EEC, 91/496/EEC, 96/23/EC, 96/93/EC and 97/78/EC and Council Decision

92/438/EEC (Official Controls Regulation) OJ L 95, 7.4.2017, p. 1–142

EN 29 EN

(50) The Fitness Check of the EU animal welfare legislation has shown difficulties in

assessing the effectiveness of Regulation (EC) No 1/2005 in improving animal

welfare due to the lack of indicators provided for in that Regulation. It is appropriate

to create a system of monitoring of animal welfare indicators.

(51) Transporters and keepers should be required to collect data on the basis of animal

welfare indicators relevant to their transport activities. Analysis of the data will allow

transporters and keepers to identify deficiencies in relation to animal welfare and to

put in place appropriate corrective measures when needed. Data on indicators should

also be made available to competent authorities and to the Commission in TRACES.

(52) In order to update the technical rules in Chapters I, II, V and VII of Annex I and

Annex II, to align these rules to the latest scientific and technical knowledge when

these are available, the power to adopt acts in accordance with Article 290 TFEU

should be delegated to the Commission. In order to facilitate proper implementation

of this Regulation, the power to adopt, in accordance with Article 290 TFEU, acts to

update the model of journey log in Annex III and the model of attestation in Annex IV

should be delegated to the Commission. It is of particular importance that the

Commission carry out appropriate consultation during its preparatory work including

at expert level and that those consultations be conducted in accordance with the

principles laid down in the Interinstitutional Agreement of 13 of April 2016 on Better

Law-Making55. In particular, to ensure equal participation in the preparation of

delegated acts, the European Parliament and the Council receive all documents at the

same time as Member States’ experts, and their experts systematically have access to

meetings of the Commission expert groups dealing with the preparation of delegated

acts.

(53) To ensure uniform conditions for the implementation of this Regulation, including

elements of contingency plans and their templates, technical rules concerning

approval of livestock vessels, the technical elements needed to set up the live tracking

navigation system recordings, the approval of feeding systems for unweaned animals

on board, the content of the evaluations needed for the certification of organisers

transporting animals to third countries and the frequency by which they are needed,

the lists of control posts meeting equivalent standards to those laid down in Council

Regulation (EC) No 1255/97 and definitions of welfare indicators and the methods to

monitor them, and technical rules on the use of TRACES, implementing powers

should be conferred on the Commission. Those powers should be exercised in

accordance with Regulation (EU) No 182/2011 of the European Parliament and of the

Council56.

(54) It is important to ensure that national rules are not used by Member States in a way to

prejudice the correct application of the provisions of this Regulation or to affect the

functioning of the internal market. Member States should notify the Commission of

any such national rules. The Commission should bring them to the attention of other

Member States. Where national rules fall within the scope of Directive (EU)

55 Interinstitutional Agreement between the European Parliament, the Council of the European Union and

the European Commission on Better Law-Making, OJ L 123, 12.5.2016, p. 1–14 56 Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011

laying down the rules and general principles concerning mechanisms for control by Member States of

the Commission’s exercise of implementing powers, OJ L 55, 28.2.2011, p. 13–18.

EN 30 EN

2015/1535 of the European Parliament and of the Council, they should be notified to

the Commission in accordance with that Directive.

(55) The impact assessment performed to prepare this Regulation indicates that some of

the new requirements set out in this Regulation call for planning and investment from

the operators impacted by them. New rules concerning journey times and feeding of

unweaned animals during transport will require changes in transport patterns, and

investments in new trucks to provide more space for the animals and possibly new

feeding systems. Accordingly, this Regulation should provide for appropriate

transition periods to take into account the necessary time to allow the operators

concerned to adapt to the corresponding requirements set out in this Regulation.

(56) Since the objective of this Regulation, namely to ensure a harmonised approach with

regard to the protection of animals during transport, cannot be sufficiently achieved

by the Member States but can rather, by reason of the scale, effects, and trans-border

and international characters of the transport, be better achieved at Union level, the

Union may adopt measures, in accordance with the principle of subsidiarity as set out

in Article 5 of the Treaty on European Union. In accordance with the principle of

proportionality, as set out in that Article, this Regulation does not go beyond what is

necessary to achieve that objective.

(57) “The European Data Protection Supervisor was consulted in accordance with Article

42(1) of Regulation (EU) 2018/1725 and delivered an opinion on [DD/MM/YYYY].”

HAVE ADOPTED THIS REGULATION:

CHAPTER I

SUBJECT MATTER, SCOPE, DEFINITIONS AND GENERAL

PROVISIONS

Article 1

Subject matter

This Regulation lays down rules for the protection of animals during transport in connection

with an economic activity.

Article 2

Scope

1. This Regulation shall apply to the transport of animals:

– within the Union;

– from a place of departure in a third country to a place of destination in the

Union;

– from a place of departure in the Union to a place of destination in a third

country; and

– from a Border Control Post of entry into the Union until an exit point from the

Union, when the transport of animals transits through the Union territory.

2. Transport for the following purposes shall only be subject to Article 4:

EN 31 EN

(a) transport by farmers of their own animals using their own means of transport

for the purpose of seasonal transhumance;

(b) transport by farmers of their own animals using their own means of transport

for purposes other than transhumance, for a distance of no more than 50 km

from the holding in which they are kept.

(c) transport of animals for the purposes of participating in training, exhibitions,

competitions, cultural events, circuses, and equestrian sport and leisure

activities;

3. This Regulation shall not apply to the following types of transport:

(a) the transport of animals which does not take place in connection with an

economic activity;

(b) the transport of animals directly to or from veterinary practices or clinics;

(c) the transport of protected species, under the Convention on International Trade

in Endangered Species of Wild Fauna and Flora (CITES)57;

(d) the transport of animals between zoos as defined in Article 2 of Council

Directive 1999/22/EC58.

(e) the transport of ornamental fish;

(f) direct deliveries of aquatic animals to food businesses supplying the final

consumer.

4. Articles 4(2)(b), 20, 26, Chapters I and V of Annex I and point 4 of Annex II shall

not apply to transport of animals for the purposes of an authorised project under

Directive 2010/63/EU59.

Article 3

Definitions

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

1. ‘animals’ means live vertebrate animals, cephalopods and decapods;

2. ‘place of departure’ means:

(a) the place where an animal has been accommodated for at least a week prior to

departure and where it is first loaded onto a means of transport; or

(b) an assembly centre if the animal has been collected within a distance of no

more than 100 km;

57 Council Decision (EU) 2015/451 of 6 March 2015 concerning the accession of the European Union to

the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), OJ L

75, 19.3.2015, p. 1–3. 58 Council Directive 1999/22/EC of 29 March 1999 relating to the keeping of wild animals in zoos, OJ L

94, 9.4.1999, p. 24–26. 59 Directive 2010/63/EU of the European Parliament and of the Council of 22 September 2010 on the

protection of animals used for scientific purposes, OJ L 276, 20.10.2010, p. 33–79.

EN 32 EN

3. ‘place of destination’ means a slaughterhouse or any other place where an animal is

unloaded from a means of transport and accommodated for at least a week prior to

the time of any subsequent departure;

4. ‘journey’ means the movement of animals effected by one or more means of

transport starting with the loading of the first animal onto the first means of transport

at the place of departure and ending with the unloading of the last animal at the place

of destination, and the related operations including rest periods and transfer from

one means of transport to another;

5. ‘means of transport’ means road or rail vehicles, vessels and aircraft used for the

transport of animals;

6. ‘aquatic animals’ means fish, cephalopods and decapods;

7. ‘organiser’ means:

(a) a transporter who transports or has subcontracted the transport of animals for

the whole journey or a part of the journey to at least one other transporter; or

(b) a natural or legal person who has contracted the transport of animals to a

transporter; or

(c) a person who has signed Section 1 of the journey log in TRACES as set out in

Annex III.

8. ‘long journey’ means a journey that exceeds 9 hours;

9. ‘competent authority’ means a competent authority as defined in Article 3(3) of

Regulation (EU) 2017/625;

10. ‘TRACES’ means the computerised system for the purposes of exchanging data,

information and documents referred to in Articles 133(4) of Regulation (EU)

2017/625;

11. ‘transporter’ means an operator whose economic activity consists of transporting

animals on its own behalf, or on behalf of a third party;

12. ‘short journey’ means a journey that does not exceed 9 hours;

13. ‘attendant’ means a person directly in charge of the welfare of the transported

animals who accompanies them during a journey on road or rail transport;

14. ‘vehicle’ means a means of transport fitted with wheels which is propelled or towed;

15. ‘Animal welfare officer’ means a person directly in charge of the welfare of

transported animals by livestock vessel for the duration of the journey at sea;

16. ‘livestock vessel’ means a sea-going vessel which has been built or adapted to be

used for the transport of terrestrial animals, other than domestic birds or rabbits;

17. ‘container’ means any crate, box, receptacle or other rigid structure used for the

transport of animals which is not a means of transport;

18. ‘container vessel’ means a vessel carrying terrestrial animals, other than domestic

birds or rabbits in moveable containers;

19. ‘terrestrial animals’ means kept equidae, and animals of the bovine, porcine, ovine,

caprine species, cervids, rabbits and domestic birds, including poultry;

EN 33 EN

20. ‘roll-on-roll-off vessel’ means a vessel with facilities to enable road or rail vehicles

to roll on and roll off the vessel;

21. ‘container for large animals’ means a container used for transport of terrestrial

animals other than domestic birds and rabbits on means of transport by road, rail or

container vessels;

22. ‘official veterinarian’ means an official veterinarian as defined in Article 3(32) of

Regulation (EU) 2017/625;

23. ‘assembly centre’ means an establishment for assembly operations registered in

accordance with Article 97(1) of Regulation (EU) 2016/429 where animals of the

bovine, ovine, caprine, equine or porcine species originating from more than one

holding are grouped together temporarily to form a consignment;

24. ‘control posts’ means control posts as defined in Article 1 of Regulation (EC) No

1255/97;

25. ‘journey time’ means the time period during which animals are moved by means of

transport, including the time for loading and unloading the animals;

26. ‘keeper’ means any natural or legal person, except a transporter, in charge of or

handling animals whether on a permanent or temporary basis;

27. ‘exit point’ means an exit point as defined in Article 3(39) of Regulation (EU)

2017/625;

28. ‘border control post’ means a border control post as defined in Article 3(38) of

Regulation (EU) 2017/625.

29. ‘positioning systems’ means systems of infrastructures providing global, continuous,

accurate and guaranteed timing and positioning services needed for the purpose of

this Regulation;

30. ‘rest period’ means a continuous period in the course of a journey during which

animals are not being moved by a means of transport;

31. ‘biosecure transport’ means the transport of animals for the purposes of Directive

2010/63/EU that provides a physical barrier protecting the animals from the transfer

of microbial contaminants and ensures their welfare by the provision of feed, water

and environmental conditions appropriate to the species and their stage of

development, including sufficient space to rest and stretch;

32. ‘certification body’ means a legal entity accredited in accordance with Regulation

(EC) No 765/2008 and operating in accordance with ISO/IEC/17065 for Conformity

assessment — Requirements for bodies certifying products, processes and services;

33. ‘unbroken equine animal’ means an equine animal that cannot be tied or led by a

halter without causing avoidable excitement, pain or suffering.

Article 4

General provisions on the transport of animals

1. No person shall transport animals or cause animals to be transported in a way that

causes or is likely to cause undue suffering to it.

2. Any person transporting animals or causing animals to be transported shall ensure

compliance with the following requirements:

EN 34 EN

(a) all necessary arrangements have been made in advance to minimise the

duration of the journey so that the most common animal welfare hazards,

including suffering from hunger, thirst, fatigue, injuries or thermal discomfort

are minimised;

(b) the animals are fit for the entire journey;

(c) the means of transport are designed, constructed, maintained and operated in a

way to prevent injury or unnecessary suffering and to ensure the safety of the

animals;

(d) the loading and unloading facilities are designed, constructed, maintained and

operated in a way to avoid injury and unnecessary suffering and to ensure the

safety of the animals;

(e) any natural person responsible for the animals at any stage of their transport, is

competent for this purpose and for handling the animals transported, and

carries out his or her tasks without using violence or any method likely to

cause injury or unnecessary suffering to the animals;

(f) the transport is carried out without undue delay;

(g) the welfare condition of the animals is regularly checked and appropriately

maintained;

(h) the floor area and height of the means of transport and the unloading and

loading facilities are adapted to the species, size, category of the animals

concerned and to the planned journey;

(i) water, feed and rest are offered to animals at regular intervals during the

journey and are appropriate in quality and quantity to the animal’s species and

their physiological needs;

(j) aquatic animals are provided with water in sufficient volume and quality.

CHAPTER II

ORGANISER AND TRANSPORTER AUTHORISATIONS

Article 5

Application for organiser authorisation for long journeys

1. Organisers may only make arrangements for the transport of animals for long

journeys if they hold an authorisation granted in accordance with Article 6.

2. The organiser shall submit an application for an authorisation to transport animals

for long journeys to the competent authority in TRACES using the form in Section 1

of Annex V. The application shall specify whether the organiser intends to organise

the transport of animals to third countries or not.

3. Organisers shall apply for an authorisation to no more than one competent authority,

in no more than one Member State.

4. The application referred to in paragraph 2 shall contain evidence that the following

conditions are met:

EN 35 EN

(a) the organiser is established, or, in the case of an organiser established in a third

country, is represented, in the Member State of the respective competent

authority;

(b) the organiser has the capacity to comply with Article 14.

Article 6

Grant, renewal, suspension and withdrawal of organiser authorisations

1. The competent authority shall grant the authorisation referred to in Article 5 in

TRACES using the form in Section 1 of Annex V, provided that the conditions set

out in Article 5(4) are met.

2. The authorisation provided for in paragraph 1 shall specify the species and

categories of animals and the type(s) of transport covered and whether it covers the

transport of animals to third countries or not.

The authorisation shall be valid for a period of not more than 5 years from the date

of issue.

3. One month before the expiry of the authorisation, the organiser may apply for a

renewal in TRACES. An application for renewal shall include evidence that the

conditions set out in Article 5(4) are met, the certificate provided for in Article 33

when relevant, and documented analysis of monitoring of indicators for the period of

validity of the previous approval and where appropriate, documented evidence of

measures put in place if values quantifying the indicators exceed the thresholds

provided for in Article 26(3). The competent authority shall grant or reject the

application for a renewal and record the renewal or rejection in TRACES and, in

case of rejection, the reasons for it.

4. If the organiser no longer meets the conditions provided for in Article 5(4) or in

Article 33(6), the competent authority shall order the suspension of the authorisation

in accordance with Article 138(2), point (j), of Regulation (EU) 2017/625 and shall

record the suspension in TRACES without delay. Where relevant, the competent

authority shall suspend the part of the authorisation covering transport to a third

country.

The competent authority shall provide the organiser with a written statement

indicating the reasons for the suspension and recommendations to address the

deficiencies found.

The competent authority shall lift the suspension if the organiser provides evidence

that they have corrected the deficiencies on which the suspension of their application

is based.

For transport within the Union, if the organiser has not corrected the deficiencies

within one month of the suspension, the competent authority shall withdraw the

authorisation.

For transport to a third country, if the organiser has not corrected the deficiencies

within three months of the suspension, the competent authority shall withdraw the

authorisation.

EN 36 EN

Article 7

Application for transporter authorisation for short journeys

1. Transporters may only transport animals for short journeys if they hold:

(a) an authorisation for short journeys granted in accordance with Article 9(1) for

the species and categories concerned; or

(b) an authorisation for long journeys granted in accordance with Article 9(1) for

the species and categories concerned.

2. The transporter shall submit an application for an authorisation to transport animals

on short journeys to the competent authority in TRACES using the form in Section 2

of Annex V. The application shall contain evidence that the following conditions are

met:

(a) the transporter is established, or, in the case of a transporter established in a

third country, is represented, in the Member State of the respective competent

authority;

(b) the transporter has sufficient and appropriate staff and equipment and has

written instructions for staff as regards watering, feeding and care of animals

and operational procedures in place to enable its staff to comply with this

Regulation;

(c) the drivers and attendants employed by or providing services to the transporter

have followed the relevant training courses and have certificates of

competence as provided for in Article 38;

(d) neither the transporter nor their representatives in the Member State where the

application is submitted have committed a serious infringement as provided

for in Article 44 in the 5 years preceding the date of the application.

For the purposes of point (d), if the transporter or their representatives committed a

serious infringement during that period, they shall demonstrate to the satisfaction of

the competent authority that they have taken all necessary measures to avoid further

infringements.

Article 8

Application for transporter authorisation for long journeys

1. Transporters may only transport animals for long journeys if they hold an

authorisation granted in accordance with Article 9(1). Such authorisations shall also

be valid for short journeys.

2. The transporter shall submit an application for an authorisation to transport animals

for long journeys to the competent authority in TRACES using the form in Section 3

of Annex V. Transporters shall apply for an authorisation to no more than one

competent authority, in no more than one Member State.

3. The application provided for in paragraph 2 shall contain evidence that the following

conditions are met:

(a) the transporter complies with the conditions set out in Article 7(2); and

(b) the transporter holds the following documents:

EN 37 EN

i. valid certificates of approval as provided for in Articles 12 or 13 for the

means of transport to be used by the transporter for the long journey

concerned;

ii. a document setting out in detail the procedures enabling the transporter

to trace and record the movements of vehicles and vessels under their

responsibility, and the procedures to contact the drivers concerned at any

time during long journeys;

iii. a contingency plan in the event of emergencies during the intended

transport.

4. In order to ensure the uniform presentation of contingency plans in the event of

emergencies during long journeys provided for in paragraph (b), point (iii), the

Commission is empowered to adopt implementing acts in accordance with Article 49

to lay down minimum requirements for the content of the contingency plan, for

different types of journeys, and establish and update as necessary standard model

forms for the submission of those contingency plans.

Article 9

Grant renewal, suspension and withdrawal of transporter authorisations

1. The competent authority shall grant an authorisation to a transporter for short or long

journeys as required under Article 7(1) and Article 8(1) in TRACES using the forms

in Sections 2 and 3 of Annex V respectively, provided the conditions set out in

Article 7(2) and Article 8(2) respectively are met.

2. The authorisation provided for in paragraph 1 shall specify the species and

categories of animals and the type of transport covered and whether it covers long

or short journeys.

The authorisation shall be valid for a period of not more than 5 years from the date

of issue.

3. One month before the expiry of the authorisation for short or long journeys, the

transporter may apply for the renewal of the authorisation in TRACES. An

application for renewal shall contain the documents required under Article 7(2) or

Article 8(2) and documented analysis of monitoring of indicators for the period of

validity of the previous approval and where appropriate, documented evidence of

measures put in place if values quantifying the indicators exceed the thresholds

provided for in Article 26(3).

4. The competent authority shall grant or reject the application for a renewal and record

the renewal or rejection in TRACES and, in case of rejection, the reasons for the

rejection.

5. The transporter shall notify the relevant competent authority of any change in the

documents referred to in Articles 7(2) and 8(2) no later than 5 working days from

the date the change took place.

6. If the transporter no longer meets the conditions provided for in Article 7(2) or

Article 8(2), the competent authority shall order the suspension of the authorisation

in accordance with Article 138(2), point (j), of Regulation (EU) 2017/625 and shall

record the suspension in TRACES without delay.

EN 38 EN

The competent authority shall provide the transporter with a written statement

indicating the reasons for the suspension and recommendations to address the

deficiencies found.

The competent authority shall lift the suspension when the transporter provides

evidence that they have corrected the deficiencies on which the suspension of their

application is based.

If the transporter has not corrected the deficiencies within one month of the

suspension, the competent authority shall withdraw the authorisation.

Article 10

Training of drivers, attendants and animal welfare officers

The transporter shall arrange for drivers, attendants, and the animal welfare officers referred

to in Article 21, to follow one of the approved animal welfare training courses referred to in

Article 37(1)(b). Such training shall be relevant to their tasks, the species, the categories of

animals they handle, and the means of transport used.

CHAPTER III

MEANS OF TRANSPORT

Article 11

General rules on means of transport

1. No person shall transport animals by road or by rail for a long journey unless the

means of transport has been inspected and approved in accordance with Article 12.

2. No person shall transport animals by livestock vessel for more than 10 nautical miles

from a Union port unless the livestock vessel has been inspected and approved in

accordance with Article 13.

3. Paragraphs 1 and 2 shall apply to containers used in transport by road, rail or by

container vessel of terrestrial animals other than domestic birds and rabbits.

4. Animals may only be transported by aircrafts belonging to carriers that are members

of the International Air Transport Association.

5. Animals may only be transported by roll-on-roll-off vessel if the requirements set out

in point 3 of Chapter II of Annex 1 are met.

Article 12

Certificate of approval of means of transport by road or rail and of containers for large

animals

1. The transporter shall submit an application for a certificate of approval of a means of

transport of animals by road or rail for long journeys or of containers for large

animals, to the competent authority in TRACES using the form set out in Section 5

of Annex V.

2. The competent authority shall grant a certificate of approval of the means of

transport to the transporter in TRACES using the form set out in Section 5 of Annex

V, provided it complies with the following conditions:

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(a) the means of transport is not the subject of an application submitted to, or a

certificate of approval granted by, or the rejection of an application decided by

another competent authority in the same or another Member State;

(b) the means of transport has been inspected by the competent authority 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.

3. The competent authority shall record any rejection of an application for a certificate

of approval in TRACES and the reasons for its decision.

The certificate of approval shall be valid for a period of not more than 5 years from

the date of issue.

4. One month before the expiry of the certificate of approval provided for in paragraph

2, the transporter may apply for a renewal in TRACES in accordance with the

requirements in paragraphs 1 and 2.

5. The transporter shall notify the competent authority of any modification, refit or

impairment of the means of transport that may affect the welfare of the transported

animals within 5 days of such modification, refit or impairment.

6. If a means of transport no longer meets the conditions provided for in paragraph 2,

the competent authority shall order the suspension of the certificate in accordance

with Article 138(2), point (j), of Regulation (EU) 2017/625 and record the

suspension in TRACES.

The competent authority shall provide the transporter with a written statement

indicating the reasons for the suspension and recommendations to address the

deficiencies found.

The competent authority shall lift the suspension if the transporter provides evidence

that they have corrected the deficiencies on which the suspension of their certificate

is based.

If the transporter has not corrected the deficiencies within 1 month of the

suspension, the competent authority shall withdraw the certificate.

Article 13

Certificate of approval of livestock vessels

1. The transporter shall submit an application for a certificate of approval of a livestock

vessel for the transport of animals to the competent authority in TRACES using the

form set out in Section 6 of Annex V. The application shall include the following

documents:

(a) a document containing the applicant and livestock vessel details, including

conversion date when applicable, plan of vessel with layout of pens, lighting,

water drainage, firefighting and ventilation systems;

(b) a document describing how the systems listed in point (a) operate and how the

power sources are capable of providing enough energy to support those

systems.

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2. The competent authority shall grant a certificate of approval of the livestock vessel

in TRACES using the form set out in Section 6 of Annex V, provided that it

complies with the following conditions:

(a) the vessel will operate its first journey from the Member State where the

application is submitted;

(b) the vessel is not the subject of an application submitted to, or a certificate of

approval granted by or the rejection of an application decided by, another

competent authority in the same Member State or in another Member State;

(c) the vessel has been inspected by the competent authority and found to comply

with the requirements of Chapter II and Chapter IV of Annex I applicable to

the construction and equipment for livestock vessels;

(d) the vessel flies a flag with a flag performance rating of white or grey according

to the Paris Memorandum of Understanding on port State control.

The approval of the livestock vessel shall be suspended unless an official

veterinarian has carried out official controls on board of the livestock vessel during

the entire first voyage of the vessel following approval and prior to the renewal of

such approval, and those controls demonstrated that the construction and equipment

of the livestock vessel are not detrimental to the welfare of the animals on board, or

effective corrective measures have been taken.

3. The competent authority shall record any rejection of an application for approval in

TRACES and the reasons for its decision.

The certificate of approval shall be valid for a period of not more than 5 years from

the date of issue.

4. One month before the expiry of the certificate of approval of the livestock vessel

provided for in paragraph 2, the transporter may apply for a renewal of the certificate

in TRACES in accordance with the requirements in paragraphs 1 and 2.

5. The transporter shall notify the relevant competent authority of any modification,

refit or impairment of the vessel that may affect the welfare of the transported

animals within 5 days of such modification, refit or impairment or if the requirement

in paragraph 2, point (d) is no longer met.

6. If the vessel no longer meets the conditions provided for in paragraph 2, the

competent authority shall order the suspension of the certificate in accordance with

Article 138(2), point (j), of Regulation (EU) 2017/625 and record the suspension in

TRACES.

The competent authority shall provide the transporter with a written statement

indicating the reasons for the suspension and recommendations to address the

deficiencies found.

The competent authority shall lift the suspension if the transporter provides evidence

that they have corrected the deficiencies on which the suspension of their certificate

is based.

If the transporter has not corrected the deficiencies within one month of the

suspension, the competent authority shall withdraw the certificate.

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7. The Commission is empowered to adopt implementing acts in accordance with

Article 49 regarding:

(a) the establishment of an electronic database for the recording of inspections on

livestock vessels for the purposes of this Article and the official controls

performed under Regulation (EU) 2017/625;

(b) the composition of the teams of inspectors to perform the inspections referred

to in paragraph 1;

(c) detailed rules concerning the presence of an official veterinarian on board for

the purpose of approving a livestock vessel.

CHAPTER IV

OBLIGATIONS PRIOR TO DEPARTURE

Article 14

Obligations for organisers

1. Organisers shall be responsible for ensuring that the entire journey from the place of

departure to the place of destination in the Union or in a third country complies with

this Regulation.

2. Organisers shall be responsible for the planning of the journey from the place of

departure until the place of destination. The organiser shall comply with the

provisions relating to the journey log referred to in Article 15 and shall sign section

1 of the journey log in TRACES as set out in points 1 and 2 of Annex III.

3. The organisers shall ensure that for each journey:

a) the animals to be transported are accommodated at the place of departure for at

least 1 week prior to departure;

b) the different legs of the journey are coordinated, especially when performed by

different operators, in a way that the welfare of the animals is not

compromised by insufficient coordination between different parts of the

journey or different operators;

c) the organisation of the journey takes into account the temperature forecast

when relevant for the species and categories of animals concerned in

accordance with Article 31 and Chapter V of Annex I;

d) an individual is designated to provide information on the planning, execution,

and completion of the journey to the competent authorities at the place of

departure, assembly centres, control posts and establishments of destination at

any time.

Article 15

Journey log for all long journeys and short journeys to third countries

1. For long journeys and short journeys to third countries, organisers shall complete in

TRACES section 1 of the journey log prior to the journey, as set out in point 1 of

Annex III.

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2. Where the journey log concerns a long journey or a short journey to a third country,

the organiser shall submit in TRACES the journey log for approval by the competent

authority at the place of departure at least 2 days, but not earlier than 5 days, before

the planned departure date. The journey cannot start before the competent authority

has approved the journey log in accordance with paragraph 4.

3. The journey log shall include confirmation of a reservation at a control post when,

according to journey planning, the journey time is likely to exceed 21 hours.

4. The competent authority shall approve the journey log in TRACES provided the

following conditions are met:

(a) the journey log is realistic and indicates compliance with this Regulation;

(b) the transporters indicated in the journey log have the corresponding valid

transporter authorisations, the valid certificates of approval for means of

transport and valid certificates of competence for drivers and attendants.

5. If the conditions provided for in paragraph 4 are not met, the competent authority

shall require the organiser to change the arrangements for the intended journey so

that it complies with this Regulation.

6. Competent authorities shall ensure that journey logs for long journeys and short

journeys to third countries are retained in TRACES for a maximum period of 6 years

for subsequent official controls in accordance with Article 21 of Regulation (EU)

2017/625.

Article 16

Journey log for short journeys within the Union