52003DC0425

COMMUNICATION FROM THE COMMISSION TO THE COUNCIL AND THE EUROPEAN PARLIAMENT on the protection of animals during transport

1. Background

Transport is the most controversial area of animal welfare. The first directive on the protection of animals during transport was adopted in 1977. Today Council Directive 91/628/EEC [1] amended by Directive 95/29/EC [2] constitutes the current Community legislative framework.

[1] OJ L 340, 11.12.1991, p. 17.

[2] OJ L 148, 30.6.1995, p. 52.

In December 2000 the Commission adopted a report [3] to the Council and the European Parliament on the experience acquired by Member States since the implementation of Directive 95/29/EC.

[3] COM(2000)809 final adopted on 6 December 2000.

The report was presented at the Agriculture Council that in June 2001 supported the outcome in the form of a specific resolution [4]. In November 2001 the European Parliament adopted a resolution [5] on this report.

[4] Council resolution of 19 June 2001 on the protection of animals during transport (OJ C 273, 28.9.2001, p. 1).

[5] European Parliament resolution of 13 November 2001 on the Commission report on the experience acquired by the Member States since the implementation of Council Directive 95/29/EC amending Directive 91/628/EEC concerning the protection of animals during transport (COM(2000) 809- C5-0189/2001-2001/2085 (COS)) - A5-0347/2001.

In autumn 2002 the Commission conducted a wide consultation process including a meeting with the major stakeholders and a web public consultation that both supported the main lines of actions contained in this proposal.

The Commission report recommended actions to be taken some of which have already been initiated (see table 1). However most of the recommendations can only be addressed through amendments of the current legislation.

Furthermore, it should also be kept in mind that the road transport industry is subject to a set of Community regulations [6] harmonising certain aspects of the social legislation and in particular driving and resting sequences for drivers.

[6] Council regulation (EEC) No 3820/85 (OJ L 370, 31.12.1985, p. 1) and Council Regulation (EEC) No 3821/85 (OJ L 370, 31.12.1985, p. 8) as last amended by Council Regulation (EC) No 2135/98 (OJ L274, 9.10.1998, p. 1).

Table 1- Actions taken by the Commission on the protection of animals during transport (2000/2001)

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The new elements derived from the report for future legislation are the following:

- To establish a harmonised format for the transporters' authorisation;

- To set up specific procedures with a view to facilitating checks and appropriate follow-up of violations;

- To introduce detailed definition of animals unfit for transport and Member States inspection reports;

- To establish specific measures for the transport of horses;

- To improve the qualifications of the personnel handling animals;

- To reconsider on scientific basis several fundamentals of the directive.

Meanwhile the foot and mouth disease outbreaks in the Community in 2001 indicated that the transport of animals played a role in the spreading of the disease. Data demonstrated that some outbreaks were linked to the use of a staging point. As a consequence the Commission took temporary measures to restrict their use. In addition the Commission proposed a number of amendments to the relevant Council legislation [7] to reinforce animal health requirements for the use of staging points. These amendments have been adopted in June 2003 [8]. Moreover it should be taken into account that the expansion of the internal market to Central and Eastern European States will create new prospects for the transport of animals.

[7] Proposal for a Council Regulation amending Council Regulation (EC) No 1255/97 as regards the use of staging points, COM (2002) 414 final adopted on 19 June 2002.

[8] Council Regulation (EC) No 1040/2003 of 11 June 2003 amending Regulation (EC) No 1255/97 as regards the use of staging points (OJ L 151, 19.6.2003, p. 21).

2. The stakeholders' consultations

The Commission organised consultations with stakeholders in two ways:

(a) a meeting with the major organisations on 20 November 2002,

(b) a web consultation from 2 to 15 December 2002 for the wider public.

Both consultations were a clear success. It demonstrates the strong interest of the wide public on animal welfare (more than 4000 replies).

The web consultation indicated that there was an overwhelming majority to fully support (from 50 to 84%) all the measures proposed by the Commission. The detailed description of the outcome of the consultation is available on the web site of Directorate General for Health and Consumer Protection [9].

[9] See: http://europa.eu.int/yourvoice/results/ 240/index_en.htm

There was a general acceptance of the need for improvement on the question and an overall support for a Commission initiative in this field. All stakeholders recognised the link between animal welfare, food safety and animal health issues.

Animal welfare organisations advocated for an overall limit of 8 hours for non-breeding animals mainly because they believed that this was easy to enforce. They also considered that official authorities should focus their inspections on long distance journeys and livestock markets.

3. The Commission proposal

The proposal from the Commission repeals all existing Community laws in relation to the protection of animals during transport. It also incorporates the requirements of the Commission proposal for a Council Regulation amending Regulation (EC) No 411/98 as regards ventilation in road vehicles carrying livestock on long journeys [10].

[10] .See above, Table 1.

The process of revision has been developed following the recommendations of the Scientific Committee on Animal Health and Animal Welfare and by close scrutiny of the economic impact of the proposed measures. The proposal takes also into account the outcome of the stakeholders' consultation.

Furthermore in recent years, livestock markets have been proved to be an area where rules to protect the animals are necessary. Similarly, welfare requirements are needed for livestock vessels. Both issues are addressed by the present proposal.

The Commission proposal aims to:

- Establish stricter conditions for the transporters operating long distance journeys;

- Update journey times and space allowances;

- Improve the mandatory training of personnel and widen the scope of this obligation to personnel at markets and assembly centres;

- Ban the transport of very young animals and set out definitions for when animals are unfit for transport;

- Set up stricter rules for the transport of horses;

- Upgrade technical standards for road vehicles;

- Introduce specific requirements for all livestock vessels operating from community ports;

- Reinforce the responsibilities of the transporters as well as of the other operators concerned by the transport of animals;

- Emphasise the role of competent authorities in supervising transport operations and strengthen the cooperation between the services concerned;

- Reinforce instruments for control and better enforcement.

Several measures considered in the Commission proposal aim to prevent the spread of diseases, as for example, the stricter regime that would be applied for the transporters operating long distance journeys.

3.1 The opinion of the Scientific Committee on Animal Health and Animal Welfare

The Scientific Committee on Animal Health and Animal Welfare (later the Scientific Committee) adopted on 11 March 2002 an opinion on the welfare of animals during transport [11].

[11] See: http://europa.eu.int/comm/food/fs/sc/scah/ out71_en.pdf

Scientists agreed that despite some degree of adaptation according to species and conditions, welfare tends to become poorer as journey length increases. Hence journeys should be as short as possible and transport conditions should be designed and operated so as to minimise sources of stress. In addition to factors that may lead to weakening of the immune system, transport operations often involve mixing of animals of different origins which increases the risk for the spread of diseases.

The Commission has carefully analysed the recommendations provided by the Scientific Committee. The Commission considers that the conclusions of the report have to be considered in the framework of practical experience and in the light of their enforceability. The proper enforcement of animal protection legislation is a key element to improve the current situation. Moreover, the practicability of moving in one step towards achieving the Scientific Committee's recommendations needs to be considered carefully. The Commission believes that adopting a step by step approach, implementing the main aspects of the recommendations, represents the best means of introducing real improvements in animal welfare over the short to medium term. The aim of the Commission proposal is, therefore, to guarantee that the high standards recommended by the Scientists are fulfilled via the creation of proper legislative instruments allowing competent authorities to perform better control and enforcement.

The necessity to better develop knowledge on animal welfare during transport is also urgently recognised by the Commission. The Commission is engaged in promoting further research in the animal health and animal welfare areas in particular in relation to transport to better develop knowledge on the most sensitive aspects.

In particular, resources will be devoted to studying the role of journey duration and its effect on the metabolism of different species and categories of animals. In addition, the experience gained through the implementation of the proposed travel sequences will facilitate a greater understanding of the scientific aspects of animal transport, which can support the elaboration of further scientific advice in due course from the European Food Safety Authority. Such scientific advice could provide the basis of further improvements in animal transport conditions, including journey durations. In addition, further scientific advice will be sought from the European Food Safety Authority in respect of ventilation requirements for the transport of animals.

Moreover, it should be mentioned that in the framework of the 5th Research Framework Program the Commission funded a research project on the transport of cattle (CATRA project). More information on the project is available at the following web site: http://www.lt.slu.se/catra/ .

Journey times

After a certain period of time, welfare conditions deteriorate if animals are not provided with a minimum of rest, feed and water. As a result, certain maximum limits must be fixed, when animals must be offered rest, water and feed.

Needs for rest, feed or water vary between individual animals. However as a general rule, according to their particular physiology, adult ruminants tend to be more resistant to the deprivation of feed or water than horses and pigs. Due to their fragility, younger animals need stricter limits than adults.

Space allowances (floor area and height)

The amount of space allowed for an animal during transport is one of the most important factors influencing its welfare.

Minimum space allowances are not only determined by the physical dimensions of animals. In establishing practical minimum space requirements the animals' need for rest, water and feed should be carefully considered. Space allowance may need to be greater to promote adequate ventilation.

In particular adequate space should be provided to allow animals to feed and water themselves as well as properly rest.

Finally, horses transported in individual stalls or boxes suffer much fewer welfare problems than when they are transported in groups.

Minimum heights should be provided so as to ensure a natural standing position as well as sufficient ventilation.

Young animals

Young animals are especially vulnerable. In particular when young animals are weaned just before transport, the absence of maternal care is added to the various stressors associated with transport. As a result the Scientific Committee recommended that piglets of less than four weeks of age, lambs of less than one week of age and calves of less than two weeks of age should not be transported.

Training

The way animals are handled has a direct influence on their welfare. Bad practices or negligence often originate from lack of knowledge of animals' need and could be addressed by the education of those handling and transporting the animals.

The Scientific Committee considered that a legal requirement for a certificate issued after completion of an approved course is a valuable way of coping with this question.

Inspections

Inspection before departure and selection of animals to be transported is essential. For example animals presenting signs of disease, injuries or physiological weaknesses should not be considered as fit for transport.

Keeping records of the inspections is also considered essential.

Loading, unloading and handling

Loading is the most stressful part of transport. In addition contact between animals from different sources can lead to the spread of infectious diseases.

The Scientific Committee recommended that animals should not be unloaded at staging points provided that specific conditions are met.

Other concerns for the welfare of the animals are expressed in relation to certain technical requirements such as the slope of ramps and the tying of animals during transport.

3.2 Markets and collection centres

Markets and collection centres represent a crucial node in the trading network of farm animals. Today they constitute an integral part of the transport process.

Poor handling procedures and straightforward cruelty to animals at some market places have been reported to the Commission.

Unloading and reloading of animals create additional sources of stress. In addition during their stay at markets, animals may not be offered sufficient rest, feed or water. As a result, their stopover at markets or collection centres may worsen the situation, in particular if animals are reloaded for long distance journeys. Furthermore, the collection and the mixing of animals in new groups destabilise the initial social structure of the animals adding further distress. Gathering animals from different origins also creates favourable conditions for spreading disease.

3.3 Livestock vessels

Sea transport with livestock vessels is an area of concern for the welfare of the animals. Livestock vessels carry large numbers of animals (vessel capacity ranges from 400 to 2000 heads of cattle). Sea journeys start after animals have been collected by road from sometimes very distant locations from the port of departure. Sea journeys can last several days in high seas and strict planning is necessary to prevent unexpected event or delay, or to cover such eventualities should they occur.

4. Socio-economic data

4.1 Economical role of the transport of animals

Transport of animals is part of the process of animal production. Their movement is necessary to adjust the unequal distribution of resources and demand. These situations arise from geographical and historical factors that differ between regions and vary between seasons or years. Several technical and economical reasons explain the existence of the trade.

The number of animals traded between Member States is far lower than the quantity of animals slaughtered (see table 2).

Table 2 -EC live trade and slaughter (year 2000)

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Sources: EUROSTAT

However the reduction of the number of slaughterhouses due to economies of scale, higher hygienic standards and the single market contributed to the extension of their perimeter of collection.

4.2 Modes of transport in the EU

Road transport represents between 90 to 99% of the overall trade of live animals in the EU. Thanks to its flexibility road transport is used by a wide range of operations and companies.

In contrast, transport of animals by air, rail and sea is carried out by a few specialised companies. These modes of transport are only available in certain locations (airports, ports and railway stations) which make checks at departure easier and as they are often used for long distance operations in large size consignments, loading time is consequently longer and specific provisions are necessary.

Transport by sea is estimated to be between 1 to 8 % within the EU. For export to third countries it could reach up to 60% of the trade. Transport by sea is also essential for some Member States. Today transport of animals by rail is tending to disappear. Air transport of live animals is mainly limited to high value animals making transcontinental journeys.

4.3 Overview of the trade of live animals [12]

[12] In the following sections data expressed in number of heads originates from the ANIMO system while data in tonnes comes from EUROSTAT except if stated otherwise.

The evaluation of the scale of the trade of live animals raises certain difficulties. The movements of animals are not systematically recorded: domestic journeys are not today subject to compulsory declaration.

Movements between Member States are subject to veterinary checks and the ANIMO [13] system registers these movements. Trade between Member States is also subject to declarations by companies for other purposes that supply EUROSTAT data. The industry [14] estimates that most animal movements in the EU take place at a national level.

[13] ANIMO is a computerized system linking veterinary authorities, with a view, in particular, to facilitating the exchange of information between the competent authorities of regions where a health certificate or document accompanying the animals and products of animal origin has been issued and the competent authorities of the Member State of destination.

[14] Study handed by the UECBV (European Livestock and Meat Trading Union) "Transport et bien-être des animaux - Etude de René Laporte Consultant - Avril 2002".

The average annual trade of live animals involving EU States between 1996 to 2000 amounted to 2 million tonnes. Around 80% of this trade took place within the EU (1 789 000 t in 2000 or 83%) while exports to third countries represented approximately 10% and imports from third countries amount for the rest. Farm animals represented nearly all the trade of live animals with bovine (46-59% [15]), pigs (21-30%), poultry (7-17%), horses, sheep and goats (respectively around 5% each).

[15] Ranges expressed in this section reflect the different figures between 1996-2000.

Typology of trade varied between species (see table 4). In 2000 cattle were mostly traded within the EU and exported to third countries. Swine were almost exclusively exchanged within the EU. Sheep and goats were mostly traded within the EU but also imported. Horses were mainly imported.

4.4 Cattle

In 2000 intra-EU trade of cattle represented about 3 million heads. In terms of number of heads, fattening animals represented the majority of the transported animals while animals for direct slaughter and breeding animals account for the rest. Calves under 15 days of age were 288 482 heads. (All data of this paragraph are based on ANIMO.)

Table 3 - Cattle main traffic flows in 2000

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4.5 Pigs

In 2000 the intra-EU trade of pigs represented around 11 million heads. Piglets [16] represented a relevant part of the EU swine trade with more than 4 million animals (4 139 608 heads).

[16] EUROSTAT data on non-breeding pigs of less than 50 kg.

Table 4 - Pigs main traffic flows in 2000

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4.6 Sheep and goats

In 2000 the intra-EU trade of sheep and goats represented more than 2.5 million heads. The trade of goats was negligible compared to sheep.

Table 5 - Sheep and goats main traffic flows in 2000

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4.7 Horses

In 2000 intra-EU trade of equidae consisted of 65000 heads. Slaughter horses accounted for 27 430 heads [17]. At the same time the EU imported 113 470 horses for slaughter.

[17] EUROSTAT data.

Table 6 - Trade of slaughter horses in 2000 (heads)

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Source: EUROSTAT