Proposal for a Council Decision concerning additional standards for road vehicles used for carriage of livestock on journeys exceeding a duration of eight hours
COMMISSION OF THE EUROPEAN COMMUNITIES Brussels, 04. 06. 1997 COM(97) 272 final Proposal for a COUNCIL DECISION concerning additional standards for road vehicles used for carriage of livestock on journeys exceeding a duration of eight hours (presented by the Commission) EXPLANATORY MEMORANDUM Community rules on the protection of animals during transport are contained in Council Directive 91/628/EEC1. This Directive has been modified by Directive 95/29/EC2. Article 13(1) requires that the Commission shall establish proposals to the Council for the fixing of standards with which means of transport must comply. General standards for motor vehicles and their trailers intended for the transport of certain types of animals have been proposed by the Commission (COM (97) PE/97/765). Additional standards must be laid down for road vehicles used for carriage of farm animals on journeys exceeding a duration of 8 hours of travelling, as referred to in Chapter VII (3) of the Annex of the above mentioned Directive. The transport of animals (inclusive of the additional standards for road vehicles used for the carriage of livestock on journeys exceeding a duration of 8 hours) is an exclusive Community competence. The proposed Council Decision, which is an applicatory rule of the basic Directive on the protection of animals during transport, is the simplest means of achieving the desired objective. In the view of the Commission, the provisions of the WTO Agreements preclude the application of these standards to vehicles coming from third countries. 1O. J. No. LO 3 4 0, 1 1. 1 2. 1 9 9 1, p. 17 2O. J. No. L 1 4 8, 3 0. 0 6. 1 9 9 5, p. 52 £ Council Decision of concerning additional standards for road vehicles used for carriage of livestock on journeys exceeding a duration of eight hours THE COUNCIL OF THE EUROPEAN UNION, Having regard to Council Directive 91/628/EEC on the protection of animals during transport(l), and in particular Article 13(1) thereof, Having regard to the proposal of the Commission (2), Whereas it is necessary when domestic solipeds and domestic animals of the bovine, ovine, caprine and porcine species are transported on journeys lasting more than 8 hours to lay down additional standards for the means of transport used; Whereas the majority of transport operations of animals of the species concerned involve the use of road vehicles; whereas it is therefore appropriate to lay down the additional standards with which road vehicles must comply in order to be used for carriage of animals of the species concerned on journeys exceeding eight hours duration; ( 1 ) O. J. No. L 340, 11. 12. 1991, p. 17 Directive last amended by Directive 95/29/EC (O. J. No. L 148, 30. 06. 1995, p. 52) (2) O. J. No. L 3 Whereas for the type of transport operations referred to in this decision, the additional standards laid down enlarge upon the additional requirements set out in chapter VII (3) of the Annex to Directive 91/628/EEC; Whereas to ensure the welfare of the animals concerned, the additional standards must lay down specific obligations with regard notably to access on the vehicle, adequate ventilation, separation of animals by moveable partition and detailed arrangements concerning water supply; HAS ADOPTED THIS DECISION: Article 1 Road vehicles used for the carriage of domestic solipeds and animals of the bovine, ovine, caprine and porcine species on journeys within the Community exceeding eight hours shall comply with the additional standards laid down in the Annex to this Decision. Article 2 This Decision shall apply from 1 January 1998 Article 3 This Decision is addressed to the Member States. Done at Brussels For the Council 4 Additional standards for road vehicles used for carriage of livestock on journeys exceeding eight ANNEX hours. 1. Bedding 1. 1 Animals shall be provided with appropriate removable bedding material which provides both comfort and adequate absorption and dispersal of urine and dung. 2. Feed 2. 1 The vehicle shall carry sufficient feeding stuff of a suitable type to meet the requirements for feeding during the journey of the species and categories of animals being carried. The feeding stuff shall during the journey be protected from the weather and from contaminants such as dirt, dust, fuel, animal urine and dung. The equipment necessary for mixing any foodstuffs given to animals in liquid form must be carried and should be adequate for the purpose and kept clean before and after use. Adequate clean water or other appropriate liquid for mixing liquid feeding stuffs must be carried. 2. 2 Troughs or recepticles shall be used for feeding animals on a vehicle. The number and design of such items of feeding equipment carried on the vehicle shall be adequate to serve the feeding needs of the number, species and categories of animals being transported. The feeding equipment should be so designed that it can be attached to a fixed part of the vehicle whilst in use so as to avoid the possibility of being overturned by movements of the animals. Movable feeding equipment should be kept in a part of the vehicle separate from the animals when not in use. Such movable equipment shall be removed from animal compartments when the vehicle is moving. r 3. Access 3. 1 Each separate compartment of the transport unit shall have either an outside door or hatch, or an aisle, corridor or some other free floor space such as unoccupied compartment space inside the vehicle so as to enable the staff in charge of the transport to give the animals the care they need during the transport. 4. Ventilation 4. 1 The vehicle shall have adequate ventilation which may be adjusted depending on the temperature (inside and outside). 4. 1. 1 The vehicle shall have ventilation equipment, having a capacity to replace a minimum of 150m3 of air per hour per m2 floor surface throughout the vehicle whether or not the vehicle is in motion. Such equipment shall be maintained in good working order and shall be operated while livestock remain on the vehicle at all times when the rate of air replacement resulting from the movement of the vehicle falls below that laid down in the first subparagraph. Use of the vehicle's ventilation equipment shall not, however, be necessary when it has stopped at a place where constant ventilation of equivalent capacity is provided by external equipment. 4. 1. 2 The operation of ventilation equipment shall be independent of the engine of the vehicle. 4. 2 The temperature in each compartment and the outside temperature shall be monitored and the results displayed in the drivers cabin. C 5. Partitions 5. 1 The vehicle shall be fitted with partitions for creating separate compartments. 5. 1. 1 The partitions shall be constructed in such a way that they can be placed in different positions so that the size of the compartment can be adapted to the special needs, type, size and number of the animals. 6. Water supply 6. 1 The vehicle shall be equipped for connection to a water supply during stops. 6. 1. 1 The vehicle shall be equipped with drinking devices fitted inside the vehicle e. g. troughs, bowls or nipples in order to water the animals on board of the vehicle. 6. 2 In the case of vehicles transporting pigs, sufficient water shall be carried for watering during the journey. 6. 2. 1 The vehicle transporting pigs must be equipped with water tank(s) with a total capacity of at least 200 litres and which is(are) connected to the drinking devices inside the compartments. 6. 2. 2 During the journey the pigs must have continuous access to drinking water, supplied by devices allowing them to drink at all times. 6. 2. 3 An adequate number of drinking devices shall be fitted to the walls of each separate compartment in such a way as to allow each pig ready access to water. -> ISSN 0254-1475 COM(97) 272 final DOCUMENTS EN 03 07 Catalogue number : CB-C0-97-258-EN-C ISBN 92-78-20725-X Office for Official Publications of the European Communities L-2985 Luxembourg f