EU rules on the protection of animals during transport

SUMMARY OF:

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

WHAT IS THE AIM OF THE REGULATION?

It regulates the transport of live vertebrate animals between European Union (EU) Member States and provides for checks on animals entering or leaving the EU. The detailed rules aim at safeguarding animal welfare and preventing injury to or unnecessary suffering for the animals.

KEY POINTS

The regulation sets out the following general requirements for the transport of animals.

• No person shall transport animals or cause animals to be transported in a way likely to cause injury or undue suffering to them.
• Transport arrangements must be made in advance to minimise the length of the journey and meet the animals’ needs.
• The animals must be fit for transport.
• 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.
• Personnel handling animals must have received adequate training and be competent.
• 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 owner, their destination and the expected journey time;
  • ensure that an attendant accompanies the animals, unless they are transported in adequate containers with sufficient feed and water.
• Competent authorities must inspect and approve means of transport for 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 that the rules and welfare standards are followed at the various points of departure, transfer and destination.
• Competent authorities must certify that transporters:
  • are based in a Member State;
  • have sufficient and appropriate staff, equipment and operational procedures in place;
  • have no record of serious breaches of EU or national animal protection rules during the previous 3 years.
• For long journeys between Member States and to destinations outside the EU:
  • transporters must have the necessary authorisation, documentation, satellite navigation system and contingency plans for emergencies;
  • competent authorities must carry out checks on a random basis during the journey and checks at the point of departure.
• In the event of an emergency or failure to apply the welfare rules, national authorities can insist that the transporter take the necessary actions to safeguard the welfare of the animals being transported, such as:
  • changing the driver or attendant;
  • making a temporary repair to the means of transport;
  • transferring the consignment to another vehicle;
  • returning the animals to their point of departure;
  • unloading the animals and holding them in suitable temporary accommodation.

Amending Regulation (EU) 2017/625 on enforcing EU rules for the agri-food chain (see summary) introduced some minor amendments to Regulation (EC) No 1/2005. It removed all of the rules relating to official controls from Regulation (EC) No 1/2005.

The European Commission adopted an implementing act, Implementing Regulation (EU) 2023/372, which, in relation to Regulation (EC) No 1/2005, lays down rules on recording official controls on livestock vessels, the content of contingency plans that transporters must submit when intending to transport animals by sea, the approval of livestock vessels and the minimum requirements to be met by exit points at sea ports.

FROM WHEN DOES THE REGULATION APPLY?

It has applied since 5 January 2007.

BACKGROUND

For further information, see:

• Major improvements in animal transport (European Commission).

MAIN DOCUMENT

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).

Successive amendments to Regulation (EC) No 1/2005 have been incorporated into the original text. This consolidated version is of documentary value only.

RELATED DOCUMENTS

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, pp. 32–39).

Commission Implementing Regulation (EU) 2019/723 of 2 May 2019 laying down rules for the application of Regulation (EU) 2017/625 of the European Parliament and of the Council as regards the standard model form to be used in the annual reports submitted by Member States (OJ L 124, 13.5.2019, pp. 1–31).

See consolidated version.

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, pp. 1–142).

See consolidated version.

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).

See consolidated version.

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).

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).

See consolidated version.

last update 16.03.2023