No L 148/52 EN Official Journal of the European Communities 30. 6, 95 COUNCIL DIRECTIVE 95/29/EC of 29 June 1995 amending Directive 91/628/EEC concerning the protection of animals during transport THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 43 thereof, Having regard to the proposal from the Commission (!), Having regard to the opinion of the European Parliament (%), Having regard to the opinion of the Economic and Social Committee (%), Whereas Article 13 (1) of Council Directive 91/628/EEC of 19 November 1991 on the protection of animals during transport (*) requires the Commission to submit a report, possibly accompanied by proposals, on maximum journey times, feeding and watering intervals, resting periods, space allowances and standards to be met by means of transport as regards the transport of certain types of animal; Whereas the report from the Commission, based on an opinion from the Scientific Veterinary Committee, shows that standards can be established on the abovementioned matters in respect of certain types of animal, based on scientific knowledge and well established experience; Whereas some Member States have rules on journey times, feeding and watering intervals, resting periods and space allowances; whereas these rules are, in some cases, extremely detailed and are used by some Member States to restrict intra-Community trade in live animals; whereas persons involved in the transport of animals need clearly defined criteria to enable them to operate on a Community-wide basis without coming into conflict with differing national provisions; Whereas, in order to eliminate technical barriers to trade in live animals and to allow the market organizations in question to operate smoothly, while ensuring a satisfactory level of protection for the animals concerned, it is necessary in the context of the internal market to Decision 92/438/EEC (O No L 243, 25. 8. 1992, p. 27). modify the rules of Directive 91/628/EEC with a view to harmonizing travelling times and resting periods, feeding and watering intervals, and space allowances, for certain types of animal; Whereas Member States should further be authorized to lay down stricter conditions for journey times for animals destined for slaughter where the animals are to be transported between a place of departure and a place of destination situated in their territory whilst complying with the general provisions of the Treaty, HAS ADOPTED THIS DIRECTIVE: Article 1 Directive 91/628/EEC is hereby amended as follows: 1. Article 1 (2) (a) shall be replaced by the following text: ‘(a) — to transport which is not of a commercial nature or to any individual animal accompanied by a natural person who has responsibility for the animal during transport, — to the transport of pet animals accompanying their owner on a private journey.’ 2. In Article 2 (2): (a) in point (e), the words ‘and accommodated for at least 10 hours’ shall be replaced by the words ‘and accommodated for 24 hours’; {b) the following subparagraphs shall be added: ‘(h) “rest period”, a continuous period in the course of a journey during which animals are not being moved by a means of transport; (i) “transporter”, any natural or legal person transporting animals — on his own account, or — for the account of a third party, or — by providing a third party with a means of transport of animals, where such transport is of a commercial nature and carried out for the purpose of gainy’