EN
ENEN
/ COMMISSION OF THE EUROPEAN COMMUNITIESBrussels, 20.8.2009
Proposal for a
COUNCIL REGULATION
amending Regulation (EC) No 1/2005 on travelling times, space allowances and navigation systems
ENEN
EXPLANATORY MEMORANDUM
1)Context of the proposal110 /
- Grounds for and objectives of the proposal
The European Parliament and some Member States expressed disappointment with this outcome as those aspects of the proposal were the most politically significant. Since then, on several occasions the European Parliament has called on the Commission to act on this issue and in particular to limit the transport of animals for slaughter. Following these petitions, the Commission has engaged to improve the current rules on travelling times and space allowances.
After 12 years of experience, the analysis of the data derived from the audits and the complaints received by the Commission shows that the inconsistent enforcement of Regulation 1/2005 is causing serious problem to the welfare of the animals in transport.
New scientific research has been developed making current rules on travelling time and densities obsolete. In 2002, the scientific opinion from the Scientific Committee on Animal Health and Animal Welfare, SCAWAH (now replaced by the European Food and Safety Authority) suggested revising the Regulation.
In addition, the Regulation was estimated to be one the most administrative burdensome texts. There is a need for simplifying and modernising the animal welfare legislation and technological developments, such as navigation systems, are essential to achieve this goal.
120 /
- General context
According to TRACES[1] in 2007, almost sixty million farm animals were transported across the EU. 31% of those animals were intended for slaughter.
Regulation (EC) No 1/2005 on the protection of animals during transport and related issues applies to the transport of live vertebrate animals within the EU in connection with an economic activity. This regulation has upgraded standards for vehicles (e.g. certificate of approval for means of transport for long journeys) and established strict requirements for transporters (e.g. training courses for drivers and attendants, transporters authorisation) aiming to improve animal welfare and to minimize the negative effects of the transport of animals.
However, the rules on travelling times and space allowances for animal transport have been left unchanged since 1997 which has resulted in deficiencies on practical application of the rules and some animals lack adequate welfare standards when being transported.
Member States have problems to enforce the legislation because it is largely based on administrative documents declared by the transporters which are difficult to verify and are costly to fill in. In addition, transporters have problems to apply the regulation because of the lack of coherence with their maximum drivers' hours. Limits on travelling times and space allowances depend on the species and densities are not harmonised by the weight of the animals, which makes the transport regulation difficult to comply with and understand.
130 /
- Existing provisions in the area of the proposal
141 /
- Consistency with the other policies and objectives of the Union
2)Consultation of interested parties and impact assessment
- Consultation of interested parties
211 / Consultation methods, main sectors targeted and general profile of respondents
In 2008, the Commission ordered an external study to assess likely impacts of the policy options identified linked to five scenarios as regards travelling times and space allowances.
In addition, an online questionnaire was launched in June 2008, providing the initiative's background as well as the policy options for reflection with the aim of assessing their impacts. The strong interest of the public on animal transport was demonstrated by the nearly 2000 replies received. A mailbox was opened and stakeholders, citizens and administrations were invited to provide their views.
The Commission also had direct contacts with stakeholders and with scientific, technical and legal experts concerning different aspects of the proposal. Consultations started from March 2008. The initiative was publicised through presentations at industry forums and within relevant advisory committees or groups of the Commission.
212 / Summary of responses and how they have been taken into account
There was a large support on the fact that that the current EU rules on the travelling times and space allowances were not well implemented and not easily understandable.
All stakeholders and Member States agreed on the principle that the maximum driving limits applicable to drivers and the maximum travelling times for animals should be aligned to facilitate the appropriate enforcement of the EU rules.
According to the web consultation, a maximum travelling time limit for animals for slaughter was considered the preferred option. However, some stakeholders expressed concerns about the significant economic effects of this approach.
In the light of the new scientific research available, in particular as regards space allowances, most of the stakeholders supported the need to update these provisions.
Opinions from certain stakeholders calling for maintaining the status quo were considered; however the assessment showed the limited benefits of keeping the current regulation in place.
213 / An open consultation was conducted over the internet from 13/06/2008 to 07/08/2008. The Commission received 2000 response(s).
- Collection and use of expertise
221 / Scientific/expertise domains concerned
Animal welfare, animal health, food safety
222 / Methodology used
A large number of scientific research were consulted and, in particular, the opinion of the SCAHAW from 2002.
Member States reports on the inspections carried out on animal transport, Food and Veterinary Office reports of the visits of Member States and reports from animal welfare organisations were taken into account, as well as the external study conducted for the purpose of the impact assessment.
Several experts (scientists, governmental experts) and stakeholders were consulted (transporters, farmers' organisation, veterinarians, animal protection organisations).
223 / Main organisations/experts consulted
ANCOPORC-pigs producers
Animals' Angels - animal welfare organisation
Association of Food Industry Road carriers-transport operators
AVEC - poultry meat industry
Breiz Europe- farmers
CIWF - animal welfare organisation
COPA-COGECA - farmers
Danish Transport and Logistics association (DLT)-transport operators
Eurogroup for animals - animal welfare organisation
Fédération Equestre Internationale (FEI)- breeders
Féderation National Porcine (INAPORC-Coop France)-pigs producers
European Federation for Animal Health and Sanitary Security (FESASS) - farmers
Finnish Association of Food Industry Road Carries (EKY)-transport operators
Federation of Veterinarians of Europe (FVE)
Institut de l'Elevage France- farmers
IRU-Road Transport Union
UECBV - red meat industry
World Horse Welfare- animal welfare organisation
2249 / Summary of advice received and used
The existence of potentially serious risks with irreversible consequences has not been mentioned.
225 / The impact assessment revealed that maximum travelling times not repeatable for animals intended for slaughter might cause significant economic effects especially in regions heavily dependant on agricultural activities or due to their remoteness from industrial centres. Farmers of these regions would be affected by insufficient competition if animals for slaughter could not be transported over a certain limit.
The proposal has taken this into account establishing a derogation based on the limited number of slaughterhouses in certain regions of the Community, making it necessary to transport animals for a slaughter for a longer period of time.
226 / Means used to make the expert advice publicly available
SCAHAW opinion is available at:
230 /
- Impact assessment
The legislative review includes: a maximum travelling time limit for all animals to be slaughtered with no change to current space allowances; a categorisation of transport times and space allowances according to species; introducing transport limits based on the social legislation applicable for one driver and enhanced space allowances for different species and a combination of a maximum travelling time limit for animals for slaughter and aligning the social legislation applicable to two or more drivers in case of animals for other purposes.
From the comparison of the main policy options envisaged it appears that the policy option which aligns social rules for drivers with travelling times for animals would appear to be the most advantageous choice. This option would consist of limiting transport times to 9h for animals intended for slaughter and sequences of 20h transport-9h rest for animals for other purposes and providing lower densities.
Despite the positive achievements of the soft regulation policy option (mainly based on the improvements on handling animals) and the support from some stakeholders, neither the "do nothing" policy option nor the "soft regulation" policy option would be able to resolve the inherent problems identified in the regulation.
All the sub-options of the legislative review include the development of IT technologies which will help to decrease the administrative burdens. Linking navigation system with a computerised system as TRACES enable to store relevant information (such as transporters authorisation, journey log) allowing, in addition to a significant reduction of paperwork, to perform targeted inspections towards the non-compliant transports.
A maximum travelling time limit for all animals to be slaughtered appears to offer good results although a maximum travelling time (8h) would not correspond to maximum driver's hours. In addition, animals for other purposes will continue with significant welfare difficulties. However, under the scenario of poor enforcement for animals to be slaughtered faced today, it would be considered as an adequate option to improve the serious failures in the welfare of animals transported.
The categorisation of transport times and space allowances according to species not only does not address the problem but complicates the situation since it sets out different requirements depending on the species transported. The impact assessment indicates that improving animal welfare conditions based on a scientific approach would not mean achieving an understandable and well implemented legislation.
Transport limits based on the social legislation for drivers brings clear positive outcomes by achieving a harmonization of both social and drivers' rules when only one driver is dealing with the transport. However, this option has not been supported in the web consultation.
Therefore, limiting transport times to 9 hours for animals intended for slaughter and aligning with the social rules for animals for other purposes can be considered as a balanced option. This option would improve animal welfare during transport as travelling times would be limited for animals intended either for slaughter (which often suffer the worst welfare conditions) or for other purposes and more space allowances would be provided according to the new scientific knowledge. Furthermore, this option would set up coherent rules with the social legislation applicable to drivers, promoting a real compliance with EU rules. In addition, the creation of a harmonised system to collect data of the journey through navigation systems would help to decrease the administrative burden stemming from the regulation, contributing to the Commission administrative burden reduction programme.
231 / The Commission carried out an impact assessment listed in the Work Programme, whose report is accessible on (Complete)
3)Legal elements of the proposal
305 /
- Summary of the proposed action
Since the transport of animals for slaughter has been identified as the one of the most concerned of suffering poor welfare conditions, stricter measures will be included in the proposal. In addition, aligning the travelling times applicable to animals and the social legislation on the maximum driving hours for drivers will lead to a better enforcement of the regulation.
Taking into account that the use of navigation systems in trucks is an efficient tool to monitor the transport of animals within the Community, the proposal will introduce the legal basis for implementing a unique navigation system, linked to TRACES, for collecting information related to authorised transporters, approved means of transport by road, approved livestock vessels and certificate of competence for transporting animals. It is also adequate to make use of this navigation system in order to improve and simplify the control of data related to long journeys and reflected in the journey log. Under this scenario, a significant amount of paperwork will be reduced by integrating this information in an electronic format.
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- Legal basis
320 /
- Subsidiarity principle
The objectives of the proposal cannot be sufficiently achieved by the Member States for the following reason(s).
321 / Animals are freely traded within the EU. There is a need for consistency between Member States and common rules on transport of animals. If different rules which are conflicting with each other apply in different Member States, it would have a negative effect on the welfare of the animals and on the functioning of the internal market affecting the competitiveness of farmers, traders, transport operators or slaughterhouses.
323
Community action will better achieve the objectives of the proposal for the following reason(s).
324 / EU rules applicable to the transport of animals play a key role in the establishment of the single market, facilitating the trade of animals by setting up harmonised conditions. In the absence of a harmonised approach, trade restrictive measures would be taken at national level disrupting the functioning of the internal market. This would also have a serious impact on intra EU trade as well as on the exports of live animals as the credibility of EU measures would be jeopardized. Therefore, EU action is likely to have a more coherent effect and better achieve the objectives proposed.
325 / The establishment of the harmonised navigation system linked to the TRACES will allow obtaining reliable data on the number of inspections carried out by Member States and the infringements committed which may facilitate the assessment of the level of improvement in animal welfare during transport.
327 / The scope of the proposal is limited to the protection of animals during transport. Since transport of animals is a cross border activity, rules on animal welfare of animals transported have been harmonised at EU level.
The proposal therefore complies with the subsidiarity principle.
- Proportionality principle
331 / The proposal allows for stricter national measures which aim at improving the welfare of animals during transport.
332 / Simplification and reduction of the administrative burden is an important objective. The proposal will include a legal basis to send the information recorded in the navigation systems to TRACES. Requirements for documentation will be integrated in the navigation system and transport operators will not have to carry any documentary evidence.
- Choice of instruments
341 / Proposed instruments: regulation.
342 / Other means would not be adequate for the following reason(s).
A Council Regulation can only be amended by another Regulation which offers the following advantages:
-it provides a uniform and simultaneous application in all the Member States and avoids the burden, both for the Member States and the Commission, of transposition;
-the updating of a Regulation can be more rapidly implemented; this is welcomed in this area which is subject to technical and scientific progress.
-it provides a single set of rules making them more visible and easier to apply for operators and the EU's main trading partners.
4)Budgetary implication
409 / The proposal has no implication for the Community budget.
5)Additional information
- Simulation, pilot phase and transition period
507 / There will be a transition period for the proposal.
510 /
- Simplification
511 / The proposal provides for simplification of legislation, simplification of administrative procedures for public authorities (EU or national) and simplification of administrative procedures for private parties.
512 / Requirements as regards travelling times and space allowances have been simplified in order to achieve higher enforcement.
513 / Competent authorities will be able to monitor the transport of animals at regular intervals thanks to the use of navigation systems.
514 / An important simplification is expected for transport operators. The proposal includes the integration of the documentary evidence into the navigation systems linked to TRACES avoiding carrying during the long journey these documents.
516 / The proposal is included in the Commission's rolling programme for up-date and simplification of the acquis communautaire.
520 /
- Repeal of existing legislation
560 /
- European Economic Area
E-14993 / (Explanatory memorandum validated - 14 993 characters - complying with DGT norm.)
Proposal for a