Animal Welfare Transport

Animal welfare during transport — rules on staging points

Council Regulation (EC) No 1255/97 on EU criteria for control posts and amending the route plan for the transport of animals

It establishes rules for control posts where animals rest for at least 12 hours during compulsory breaks in long distance journeys within the EU. These are designed to ensure optimum conditions for their welfare.It applies from 1 January 1999.

KEY POINTS

The control posts must:
be located in an area free from any animal health restrictions;
be under the authority of an official veterinarian;
undergo regular inspections at least twice a year;
comply with all relevant EU animal health legislation;
respect detailed health and hygiene measures, building standards and operational rules. These cover bedding and animal litter, loading and unloading equipment and treatment of animals during their stay.

The control posts are used exclusively to receive, feed, water, rest, accommodate, care for and dispatch animals passing through.
Animals in different consignments may only be present at the same time if they have the same certified health status.
The relevant national authority approves, and issues a number to, each control post. The approval may be limited to certain species or categories of animal and their health status.

Owners of control posts must:
accept only animals certified or identified according to the relevant EU legislation;
ensure the animals are cared for and fed and watered as required;
call a vet if this is required to treat or despatch an animal;
use staff with the appropriate training and professional competence;
notify the relevant authorities within one working day of the departure of a consignment;
inform the competent authority as early as possible of any irregularities.

An EU country must suspend the use of a control post if serious violations of animal health or welfare rules occur. It informs the European Commission and other EU countries.
Before animals leave a control post, an official veterinarian must verify they are fit to continue their journey.

BACKGROUND

The Lisbon Treaty, which came into force on 1 December 2009, recognises that animals are sentient beings. As a result, EU policies must fully respect their welfare requirements.

The EU has adopted separate legislation on:

animal welfare while transported within the EU
animal protection during international transport.
For more information, see ‘Animal welfare — Main achievements’ on the European Commission’s website.

ACT

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, pp. 1-6)

Successive amendments to Council Regulation (EC) No 1255/97 have been incorporated into the original text. This consolidated version is of documentary value only.

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, pp. 1-44)

Council Decision 2004/544/EC of 21 June 2004 on the signing of the European Convention for the protection of animals during international transport (OJ L 241, 13.7.2004, p. 21)

Animal welfare during transport – EU rules

Council Regulation (EC) No 1/2005 on the protection of animals during transport and related operations

It regulates the transport of live animals between EU countries and provides for checks on animals entering or leaving the EU. The detailed rules aim to prevent injury or unnecessary suffering to the animals.

KEY POINTS

The regulation places the following requirements:

Transport arrangements must be made in advance to minimise the length of the journey and meet the animals’ needs
The animals must be fit to travel

The means of transport, and loading and unloading facilities, must be designed, constructed, maintained and operated so as to avoid injury and suffering and ensure the animals’ safety
People handling the animals must be properly trained and may not use any form of violence
Transportation to the destination must take place without delay and involve regular checks on the animals’ welfare
Sufficient height and floor space must be available for the animals
Water, feed and rest must be provided when needed.

Transporters must:
have authorisation from the relevant national authority for all journeys over 65 km
provide documentation containing details such as the animals’ origin and ownership, their destination and expected journey time
ensure an attendant accompanies the animals, unless they are in containers with sufficient feed and water.
National authorities must inspect and approve vehicles and ships used to transport animals by road and sea for long journeys before these may be used.

Keepers of animals, and operators of assembly centres (holdings, collection centres and markets), must ensure the rules and welfare standards are followed at the various points of departure, transfer or destination.
National authorities must require transporters to:
be based in an EU country
demonstrate they have sufficient and appropriate staff, equipment and operational procedures
have no record of serious breaches of EU or national animal protection rules during the previous 3 years.

For long journeys between EU countries and to destinations outside the EU:
transporters must have the necessary authorisation, documentation, satellite navigation system and contingency plans for emergencies
national authorities must carry out checks at the point of departure and on a random basis thereafter.
In the event of an emergency or failure to apply the welfare rules, national authorities can insist that the transporter:
changes the driver or attendant
makes a temporary repair to the means of transport
transfers the consignment to another vehicle
returns the animals to their point of departure
unloads the animals and holds them in suitable temporary accommodation.

It applies from 25 January 2005.

ACT

Council Decision 2004/544/EC of 21 June 2004 on the signing of the European Convention for the protection of animals during international transport (OJ L 241, 13.7.2004, p. 21)

Successive amendments to Council Regulation (EC) No 1255/97 have been incorporated into the original text. This consolidated version is of documentary value only.

Commission Implementing Decision 2013/188/EU of 18 April 2013 on annual reports on non-discriminatory inspections carried out pursuant to Council Regulation (EC) No 1/2005 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 (notified under document C(2013) 2098) (OJ L 111, 23.4.2013, pp. 107–114)

Imports and transit of certain ungulate animals

Directive 2004/68/EC — animal health rules for the importation into and transit through the EU of certain live ungulate animals

It lays down the animal health rules governing the importation from non-EU countries and the transit through the EU of certain ungulates* listed in its Annex I.
Animals imported into or in transit through the EU must come from countries or regions that appear on a list of authorised non-EU countries and be accompanied by veterinary certificates. The non-EU countries in question must also comply with certain animal health rules.

KEY POINTS

Establishing the lists of authorised non-EU countries. The European Commission, with the assistance of the Standing Committee on Plants, Animals, Food and Feed, draws up a list of non-EU countries from which importations are authorised. In drawing up these lists, it takes particular account of:

the health status of livestock;
the legislation of the country in question in relation to animal health and welfare;
the organisation of the country’s competent veterinary authority and its inspection services;
compliance with the conditions of the EU’s health rules;
membership of the World Organisation for Animal Health;
notification of infectious or contagious diseases within the specified deadlines;
experience of previous imports of live animals from the non-EU country;
the results of inspections carried out in the non-EU country;
the measures implemented in the non-EU country for controlling infectious or contagious animal diseases (see Annex II).

Specific animal health conditions

The importation or transit of animals from non-EU countries may be subject to the conditions of specific health rules, taking into consideration:

the animal species concerned;
the age and sex of the animals;
the intended destination or use of the animals;
the measures to be applied after importation;
any specific provisions applicable to trade within the EU.

Guarantees provided by non-EU countries

Authorised non-EU countries must guarantee that the animals have been checked by a veterinary official and comply with certain animal health conditions.

Each consignment of animals must be accompanied by a veterinary certificate attesting that the animals concerned are hazard free and providing certain information, such as details on public health, animal health or animal welfare.

Derogations may be provided depending on the destination of the animals (zoos, circuses, pet animals, etc.) or depending on the measures implemented in the non-EU country to fight a disease listed in Annex II.

Inspections in non-EU countries

Commission experts may carry out inspections in order to verify the compliance or equivalence of the animal health rules of the country with EU legislation.

Regulation (EU) 2016/429 (animal health law) repeals the directive from 21 April 2021.

FROM WHEN DOES THE DIRECTIVE APPLY?

BACKGROUND

Directive 2004/68/EC was adopted in response to the outbreaks of foot-and-mouth disease and swine fever in the EU.It has applied since 20 May 2004 and had to become law in EU countries by 19 November 2005.

Ungulates: hoofed mammals including cattle, pigs, sheep, horses, deer, etc.

DOCUMENTS

Council Directive 2004/68/EC of 26 April 2004 laying down animal health rules for the importation into and transit through the Community of certain live ungulate animals, amending Directives 90/426/EEC and 92/65/EEC and repealing Directive 72/462/EEC (OJ L 139, 30.4.2004, pp. 321-360). Text republished in corrigendum (OJ L 226, 25.6.2004, pp. 128-143)

Successive amendments to Directive 2004/68/EC have been incorporated into the original document. This consolidated version is of documentary value only.

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 (‘animal health law’) (OJ L 84, 31.3.2016, pp. 1-208)

Commission Regulation (EU) No 206/2010 of 12 March 2010 laying down lists of third countries, territories or parts thereof authorised for the introduction into the European Union of certain animals and fresh meat and the veterinary certification requirements (OJ L 73, 20.3.2010, pp. 1-121)

Intra-EU trade in ovine and caprine animals

SUMMARY OF:

Council Directive 91/68/EEC on animal health conditions governing intra-EU trade in ovine and caprine animals

It sets out the rules that apply to sheep (ovine) and goats (caprine) which are moved from EU country to another, whether for slaughter, fattening or breeding, to ensure that they are healthy and do not carry any disease.

KEY POINTS

The animals must meet the following conditions:
be identified and registered according to EU legislation;
be inspected within the 24 hours preceding their move;
not come from a farm, or been in contact with animals, where a disease has been identified until a suitable time has elapsed — 42 days for brucellosis, 30 for rabies and 15 for anthrax;
be born and reared in the EU or imported from abroad in line with EU regulations;
be on their farm of origin continuously for at least 30 days or, for younger animals, since birth;
not be off their original farm for more than 6 days before receiving their final trade authorisation;
not be in contact with other sheep or goats during the preceding 21 days or, in the case of hoofed animals, imported into the EU in the preceding 30 days.

Animals for breeding and fattening must meet additional requirements to ensure they are brucellosis-free.
Animals may not be moved to another EU country if:
they are to be slaughtered under a disease eradication programme or
they cannot be sold on their own territory because of health fears.
Assembly centres, where animals from different farms are grouped together before being transported, must be:
under the supervision of an official veterinarian,
cleaned and disinfected before use, and
regularly inspected by the relevant authorities.

The centres must:
have sufficient capacity and facilities for the animals they house,
admit only those animals which comply with the EU’s health conditions, and
maintain a register for at least 3 years containing details such as the animals’ entry and exit dates, their owner’s name and the transporter’s registration number.

The centres are given a personal approval number and may have their licence suspended or withdrawn for any violations of the legislation.
Dealers and transporters involved in moving the animals from one EU country to another must be registered and keep a database of their activities for at least 3 years. Both must meet strict hygiene standards.

The directive is in addition to:

Regulation (EC) No 21/2004 on identifying and registering sheep and goats;
Council Directive 2003/85/EC on measures to control foot-and-mouth disease; and
Commission Decision 93/52/EEC on the compliance by certain EU countries or regions with brucellosis requirements.
It applies from 4 February 1991. EU countries had to incorporate it into their national law by 31 December 1992.

For more information, see ‘Intra-Union trade in ovine and caprine animals’ on the European Commission’s website.

ACTS

Council Directive 91/68/EEC of 28 January 1991 on animal health conditions governing intra-Community trade in ovine and caprine animals (OJ L 46, 19.2.1991, pp. 19-36)

Successive amendments to Directive 91/68/EEC have been incorporated into the original text. This consolidated version is of documentary value only.

Council Regulation (EC) No 21/2004 of 17 December 2003 establishing a system for the identification and registration of ovine and caprine animals and amending Regulation (EC) No 1782/2003 and Directives 92/102/EEC and 64/432/EEC (OJ L 5, 9.1.2004, pp. 8-17). See consolidated version.

Council Directive 2003/85/EC of 29 September 2003 on Community measures for the control of foot-and-mouth disease repealing Directive 85/511/EEC and Decisions 89/531/EEC and 91/665/EEC and amending Directive 92/46/EEC (OJ L 306, 22.11.2003, pp. 1-87). See consolidated version.

Commission Decision 93/52/EEC of 21 December 1992 recording the compliance by certain Member States or regions with the requirements relating to brucellosis (B. melitensis) and according them the status of a Member State or region officially free of the disease (OJ L 13, 21.1.1993, pp. 14-15). See consolidated version.

Intra-EU trade in poultry and hatching eggs

Directive 2009/158/EC on animal health conditions governing intra-Community trade in, and imports from non-EU countries of, poultry and hatching eggs

It sets out animal health requirements for live poultry and their hatching eggs when these are traded between European Union countries or imported from a non-EU country into the EU to prevent the entry and spread of infection of poultry.It has applied since 1 January 2010. It codified Council Directive 90/539/EEC on animal health conditions governing intra-EU trade in, and imports from non-EU countries of, poultry and hatching eggs.

KEY POINTS

The directive applies to:
poultry more than 72 hours old (including fowl, turkey, guinea fowl, duck, geese, quail, pigeon, pheasant, partridge and ostriches) which are kept for breeding or the production of meat or eggs or for re-stocking supplies of game for hunting purposes;
day-old chicks, defined as poultry which are less than 72 hours old and not yet fed; though muscovy ducks may be fed as an exception;
hatching eggs for incubation.

The directive does not cover birds intended for exhibition, showing or competition.
Live poultry and hatching eggs can only be traded within the EU, when they come from establishments that:
satisfy the strict hygiene conditions set out in the directive;
apply an approved disease surveillance programme, including veterinary inspections and the reporting of suspected disease;
keep a flock record for up to 2 years.

Rearing must follow as far as possible the ‘all-in/all-out’ principle, with cleansing and disinfection after depopulation of each flock and restocking with new poultry.
Eggs must be collected at least daily and as soon as possible after laying eggs, cleaned and disinfected, and placed in new or clean and disinfected packaging material. Hatcheries must be separate from rearing facilities.

Hatching eggs must come from flocks which have been held for more than 6 weeks in approved establishments and must be disinfected.
Day-old chicks must have been hatched from hatching eggs satisfying the above conditions, with no suspicion of disease.
Breeding poultry must have been held since hatching or for at least 6 weeks in approved establishments, must satisfy vaccination conditions and must undergo veterinary examination during the 48 hours preceding consignment (i.e. before selection for dispatch).

Slaughter poultry and poultry intended for restocking supplies of wild game must come from a holding where they have been held since hatching or for more than 21 days and which is not subject to health restrictions. The flock must undergo veterinary examination during the 5 days (48 hours for game) preceding dispatch.
Less stringent requirements apply to consignments of poultry and hatching eggs of fewer than 20 units.

The transportation of poultry and hatching eggs must comply with specific conditions relating to the containers and vehicles used. The consignments must be accompanied by a veterinary certificate signed by an official veterinarian.
Poultry and hatching eggs may only be imported into the EU from approved countries with health conditions at least equivalent to those in the EU, such as compulsory notification of avian influenza and Newcastle disease.
To ensure that the directive is correctly applied, on-the-spot audits are carried out by veterinary experts from EU countries and the European Commission.
In managing the animal health requirements applicable to the trade and import of poultry and hatching eggs laid down in this directive, the Commission is assisted by the Standing Committee on Plants, Animals, Food and Feed.
The directive will be repealed and replaced by Regulation (EU) 2016/429 with effect from 20 April 2021.

DOCUMENTS

Council Directive 2009/158/EC of 30 November 2009 on animal health conditions governing intra-Community trade in, and imports from third countries of, poultry and hatching eggs (OJ L 343, 22.12.2009, pp. 74-113)

Successive amendments to Council Directive 2009/158/EC have been incorporated in the basic text. This consolidated version is for reference purpose only.

Commission Regulation (EC) No 798/2008 of 8 August 2008 laying down a list of third countries, territories, zones or compartments from which poultry and poultry products may be imported into and transit through the Community and the veterinary certification requirements (OJ L 226, 23.8.2008, pp. 1-94)

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 (‘Animal Health Law’) (OJ L 84, 31.3.2016, pp. 1-208)

Intra-EU trade in bovine animals and swine

Directive 64/432/EEC on animal health problems affecting intra-EU trade in bovine animals and swine

It sets out rules for trade within the European Union (EU) of bovine* animals or swine* for breeding, milk or meat production, slaughter or exhibition.
It does not cover animals used for sporting or cultural events.

KEY POINTS

The transport to another EU country of animals covered by the directive is only authorised if the animals:
do not show signs of disease;
have not been obtained from a prohibited or restricted source under EU or national law;
are officially identified, in accordance with EU directives and regulations;
are accompanied by a health certificate during transport;
come from a herd officially free of tuberculosis, brucellosis or enzootic bovine leukosis (applies only to bovine animals);
do not come into contact with animals of a lower health status during transport.

Vehicles used to transport animals should respect their well-being and must:
be constructed so that animal waste, litter or feed does not leak from the vehicle;
be cleaned and disinfected after use and, if necessary, before any new loading of animals, using approved methods;
carry a record of location, including date and time of the movement of animals, details of animals transported, and vehicle cleaning and disinfection information, to be retained for at least 3 years.

Animals for slaughter must be slaughtered within 72 hours if transported directly to an abattoir, or 3 working days if they arrive via an approved assembly centre.
The suspected presence of any relevant diseases on the holding has to be notified to the competent authority.
Health certificates have to be drawn up by the official vet after inspection.
All dealers, their premises and holdings, must be registered and approved, and EU countries must introduce a system of surveillance, with penalties in order to ensure compliance.

DOCUMENTS

Council Directive 64/432/EEC of 26 June 1964 on animal health problems affecting intra-Community trade in bovine animals and swine (English special edition: Series I Volume 1963-1964, pp. 164-184)

Successive amendments to Directive 64/432/EEC have been incorporated into the original text. This consolidated version is of documentary value only.

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 (‘Animal Health Law’) (OJ L 84, 31.3.2016, pp. 1–208)

Non-commercial movements of pet animals

Regulation (EU) No 576/2013 on formalities for pet animals travelling between EU countries. It aims to ease formalities for the owners of dogs, cats and ferrets when travelling with their pets.Regulation (EU) 2016/429 repeals Regulation (EU) No 576/2013 with effect from 21 April 2021.It has applied since 29 December 2014.

KEY POINTS

This law applies to non-commercial movement of pet animals into an EU country from another EU country, a territory or a non-EU country. It builds on the existing pets’ passport scheme and introduces a new model of passport.

Cats, dogs and ferrets can travel with their owners within the EU if they have a passport that contains proof of their identity and their anti-rabies vaccination.
To travel between EU countries, pets must:
be marked (by means of a transponder* or tattoo);
have received an anti-rabies vaccination;
comply with any preventive health measures for diseases other than rabies;
be accompanied by a passport completed and issued by an authorised vet.

The specifications for the new passport are laid down by the European Commission in Regulation (EU) No 577/2013. The passport includes information such as:
the location of the transponder or the tattoo and the alphanumeric code displayed by the transponder or the tattoo;
the name, species, breed, sex, colour, date of birth and any noteworthy characteristics of the pet;
owner’s and authorised vet’s details;
details of the anti-rabies vaccination.

To enter the EU, pets from non-EU countries must meet the same minimum conditions. Depending on the non-EU country’s rabies status, there may be additional strict requirements to be met, including a blood test carried out after vaccination and verified by an approved laboratory.

The previously existing model of passport, if it was issued before 29 December 2014, will remain valid.
Where rabies or a disease other than rabies occurs, the non-commercial movement or transit of pet animals may be suspended from all or part of the territory of the EU country or non-EU country concerned.
EU countries must provide the public with clear and easily accessible informationnternet concerning the requirements applicable to the non-commercial movement of pets and the rules for compliance checks on such movement. They must also publishnternet this information on the internet.

Exceptions

EU countries may allow the non-commercial movement into their territory from another EU country of pets which are either:
under 12 weeks old and have not received an anti-rabies vaccination; or
are between 12 and 16 weeks oldand have received an anti-rabies vaccination , but do not yet meet the vaccination validity requirements of the law.
Unless the owners can prove that the animals are travelling to participate in sporting events or exhibitions, they may be accompanied by a maximum of 5 pets.

DOCUMENTS

Regulation (EU) No 576/2013 of the European Parliament and of the Council of 12 June 2013 on the non-commercial movement of pet animals and repealing Regulation (EC) No 998/2003 (OJ L 178, 28.6.2013, pp. 1–26)

Commission Implementing Regulation (EU) No 577/2013 of 28 June 2013 on the model identification documents for the non-commercial movement of dogs, cats and ferrets, the establishment of lists of territories and third countries and the format, layout and language requirements of the declarations attesting compliance with certain conditions provided for in Regulation (EU) No 576/2013 of the European Parliament and of the Council (OJ L 178, 28.6.2013, pp. 109–148)

Successive amendments to Regulation (EU) No 577/2013 have been incorporated in the original text. This consolidated version is of documentary value only.

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 (‘Animal Health Law’) (OJ L 84, 31.3.2016, pp. 1–208)

Health rules for movement and trade of horses

Council Directive 2009/156/EC on animal health conditions governing the movement and importations from non-EU countries of equidae

It defines the animal health conditions which have to be met in the import of horses (including all animals in the equidae* family), or their movement within the EU.From 12 August 2010.

KEY POINTS

Horses eligible to be registered in a studbook*, and intended for trade within the EU:

must show no sign of disease in the 48 hours prior to movement;
have not been in contact with horses with an infectious or contagious disease during the 15 days prior to the inspection;
must not be slaughtered under a programme to eradicate contagious or infectious disease;
must be identified by a document as laid down in Directive 90/427/EEC;
must not come from a stable subject to a prohibition order relating to infectious or contagious disease.

EU countries affected by African horse sickness must not send horses from infected areas unless they are:

moved at specific times of the year, related to the activity cycle of the insects carrying the disease;
symptom-free;
tested for the disease with negative results;
kept in quarantine for at least 40 days, and
protected from disease-bearing insects during the period of quarantine.

Horses must travel directly, accompanied by a health certificate, in vehicles appropriately equipped for their health and well-being. Veterinary experts from the European Commission may carry out on-the-spot inspections.

Importation from outside the EU

Any non-EU country wishing to export horses must be authorised by the EU, based on their animal health record and guarantees provided on the health and well-being of the animals.

The non-EU country or region must be:

free of African horse sickness,
free of Venezuelan equine encephalomyelitis for at least 2 years;
free of the infectious diseases dourine and glanders for 6 months.

Additional guarantees may be required for diseases not found in the EU.

Horses must have remained for a set period in the non-EU country, and must be accompanied by identification and a health certificate. Additional inspections are made by veterinary experts from EU countries and the Commission.

Exemptions to some of these rules may be granted to horses used for sporting, recreational or cultural purposes, or for temporary pasturing or work near internal borders of the EU.

Regulation (EU) 2015/262 strengthens the identification rules with the introduction of a horse passport scheme.

ACTS

Council Directive 2009/156/EC of 30 November 2009 on animal health conditions governing the movement and importations from third countries of equidae (OJ L 192, 23.7.2010, pp. 1–24)

The successive amendments and corrections to Directive 2009/156/EC have been incorporated into the original text. This consolidated version is for reference only.

Commission Decision 92/260/EEC of 10 April 1992 on animal health conditions and veterinary certification for temporary admission of registered horses (OJ L 130, 15.5.1992, pp. 67–83). See consolidated version.

Commission Decision 93/195/EEC of 2 February 1993 on animal health conditions and veterinary certification for the re-entry of registered horses for racing, competition and cultural events after temporary export (OJ L 86, 6.4.1993, pp. 1–6). See consolidated version.

Commission Decision 93/196/EEC of 5 February 1993 on animal health conditions and veterinary certification for imports of equidae for slaughter (OJ L 86, 6.4.1993, pp. 7–15). See consolidated version.

Commission Decision 93/197/EEC of 5 February 1993 on animal health conditions and veterinary certification for imports of registered equidae and equidae for breeding and production (OJ L 86, 6.4.1993, pp. 16–33). See consolidated version.

Commission Decision 2004/211/EC of 6 January 2004 establishing the list of third countries and parts of territory thereof from which Member States authorise imports of live equidae and semen, ova and embryos of the equine species, and amending Decisions 93/195/EEC and 94/63/EC (OJ L 73, 11.3.2004, pp. 1–10). See consolidated version.

Commission Implementing Regulation (EU) 2015/262 of 17 February 2015 laying down rules pursuant to Council Directives 90/427/EEC and 2009/156/EC as regards the methods for the identification of equidae (Equine Passport Regulation) (OJ L 59, 3.3.2015, pp. 1–51)