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}

EXPLANATORY MEMORANDUM

1.CONTEXT OF THE PROPOSAL

•Reasons for and objectives of the proposal

Reasons

The Commission carried out a Fitness Check of the EU animal welfare legislation 4 , 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 activity 6 . In particular, the Conclusions on animal welfare 7  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 Strategy 8 , 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 (ANIT committee), the European Parliament adopted its recommendation on the protection of animals during transport with recommendations for the revision of the Transport Regulation 9

In its Special report from 2018 10 , 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 transport 11 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.

–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;

–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 chain 12 . 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 policy 13 , EU’s rules on driving times, breaks and rest periods for truck drivers 14 , and rules on the protection of animals used for scientific purposes 15 . 

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 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)

•Proportionality

•Choice of the instrument

3.RESULTS OF EX-POST EVALUATIONS, STAKEHOLDER CONSULTATIONS AND IMPACT ASSESSMENTS

•Ex-post evaluations/fitness checks of existing legislation

•Stakeholder consultations

Overview of the consultation activities

Main outcomes of the consultation activities

Consideration of results by the Commission

•Collection and use of expertise

Methodology used

Summary of advice received and used

–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

•Impact assessment

Maximum journey times and space allowances during transport

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.

Export of live animals

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 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

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).

Transport in hot temperatures

New technologies

1.Real-time positioning of trucks; and

2.A central database and digital application.

Better protection of cats and dogs transported for commercial purposes

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.

Overall assessment

•Regulatory fitness and simplification

•Fundamental rights

4.BUDGETARY IMPLICATIONS

5.OTHER ELEMENTS

•Implementation plans and monitoring, evaluation and reporting arrangements

•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.

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.

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 Committee 30 ,

Having regard to the opinion of the Committee of the Regions 31 ,

Acting in accordance with the ordinary legislative procedure,

Whereas:

(1)Council Regulation (EC) No 1/2005 32 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 legislation 33 , 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.

(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 transport 34 .

(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 ruminants 35 (sheep and goats), equidae 36 (horses and donkeys), bovines 37 (cattle and calves), pigs 38 and animals in containers 39 , including 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-424/13 41 . This Regulation should therefore apply to the transport of animals for which the place of departure is in the territory of the Union 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 Code 42  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-301/14 43  show that economic activity in relation 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 Council 44 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”.

(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 Control 45  should be approved for the transport of animals by the relevant competent authorities in the Member State. In addition, competent 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 Control 46 . 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.

(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  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) 2016/679 48 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) 2019/1715 50 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.

(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 561/2006 51  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 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 765/2008 52 .

(44)Council Regulation (EC) No 1255/97 53 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. 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) 2017/625 54  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. 

(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-Making 55 . 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 Council 56 .

(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) 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:

(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/EC 58 .

(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/EU 59 .

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; 

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;

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:

(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:

(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.

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:

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.

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:

(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.

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.

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.

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.

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.

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;

(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) 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 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.

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 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.

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.

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.

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;

(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.

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.

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 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.

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.

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.