2004/544/EG: Beschluss des Rates vom 21. Juni 2004 über die Unterzeichnung des Europäischen Übereinkommens über den Schutz von Tieren beim internationalen Transport (revidiert)

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13.7.2004 DE EN EN FR FR Amtsblatt der Europäischen Union L 241/21 BESCHLUSS DES RATES vom 21. Juni 2004 über die Unterzeichnung des Europäischen Übereinkommens über den Schutz von Tieren beim internationalen Transport (revidiert) (2004/544/EG) DER RAT DER EUROPÄISCHEN UNION — gestützt auf den Vertrag zur Gründung der Europäischen Gemeinschaften, insbesondere auf Artikel 37 in Verbindung mit Artikel 300 Absatz 2 Unterabsatz 1 Satz 1, auf Vorschlag der Kommission, in Erwägung nachstehender Gründe: (1) Die Kommission hat im Namen der Gemeinschaft das Europäische Übereinkommen über den Schutz von Tieren beim internationalen Transport (revidiert) ausgehandelt. (2) Vorbehaltlich eines möglichen Abschlusses zu einem späteren Zeitpunkt sollte das Europäische Übereinkommen über den Schutz von Tieren beim internationalen Transport (revidiert), das seit 5. November 2003 zur Unterschrift aufgelegt ist, unterzeichnet werden — BESCHLIESST: Einziger Artikel Vorbehaltlich eines möglichen Abschlusses zu einem späteren Zeitpunkt wird der Präsident des Rates ermächtigt, die Person(en) zu bestellen, die befugt ist (sind), das dem vorliegenden Beschluss beigefügte Europäische Übereinkommen über den Schutz von Tieren beim internationalen Transport (1) im Namen der Europäischen Gemeinschaft zu unterzeichnen. Geschehen zu Luxemburg am 21. Juni 2004. Im Namen des Rates Der Präsident J. WALSH (1) Nur die verbindlichen Fassungen des Abkommens, d. h. die englische und die französische, werden wiedergegeben. EUROPEAN CONVENTION for the Protection of Animals during International Transport (revised) The Member States of the Council of Europe, signatory hereto, Considering that the aim of the Council of Europe is to achieve a greater unity between its members for the purpose of safeguarding and realising the ideals and principles which are their common heritage, Aware that every person has a moral obligation to respect all animals and to have due consideration for their capacity for suffering, Motivated by the desire to safeguard the welfare of animals during transport, Convinced that international transport is compatible with the welfare of the animals, provided that the requirements of animal welfare are met, Considering, therefore, that where the welfare requirements of the animals cannot be met an alternative to the transport of live animals shall be implemented, Considering, however, that in general, for reasons of animal welfare the period during which animals, including animals for slaughter, are transported should be reduced as far as possible, Considering that loading and unloading are activities during which injuries and stress are most likely to occur, Considering that progress in this respect may be achieved through the adoption of common provisions regarding the international transport of animals, Have agreed as follows: GENERAL PRINCIPLES Article 1 Definitions 1. „International transport“, means any movement from one country to another, but excludes, however, journeys of less than 50 km and movements between Member States of the European Community. 2. An „authorised veterinarian“, means a veterinarian nominated by the competent authority. 3. „Person responsible for the transport of the animals“, means the person with overall control over the organisation, carrying out and completion of the whole journey, regardless of whether duties are subcontracted to other parties during transport. Such a person is usually the person who plans, makes arrangements for and defines the conditions to be met by other parties. 4. „Person in charge of the welfare of the animals“, means the person who has direct physical responsibility for the care of the animals during transport. Such a person may be the attendant or the driver of a vehicle if fulfilling the same role. 5. „Container“, means any crate, box, receptacle or other rigid container used for the transport of animals which is not self-propelled and is not a part (whether detachable or not) of a means of transport. 6. „Transporter“, means a natural or legal person transporting animals, either on his own account or for a third party. Article 2 Species 1. This Convention applies to the international transport of all vertebrate animals. 2. With the exception of Article 4(1) and Article 9(1) and (2)(a) and (c), the provisions of this Convention do not apply: (a) where a single animal is accompanied by the person who is responsible for it during transport; (b) to the transport of pet animals accompanying their owner if not for commercial purposes. Article 3 Application of the Convention 1. Each Party shall apply the provisions governing the international transport of animals contained in this Convention and be responsible for effective control and supervision. 2. Each Party shall take the necessary steps to ensure an effective system of training taking into account the provisions of the present Convention. 3. Each Party shall endeavour to apply the relevant provisions in this Convention to animals being transported within its territory. 4. The Parties shall provide mutual assistance in applying the provisions of the Convention, in particular by exchanging information, discussing interpretation and notifying problems. Article 4 Main principles of the Convention 1. Animals shall be transported in a way which safeguards their welfare, including health. 2. As far as possible, animals shall be transported without delay to their place of destination. 3. At control points, priority shall be given to consignments of animals. 4. Animals shall only be detained where this is strictly necessary for their welfare or for disease control purposes. If animals are detained, appropriate arrangements shall be made for their care and, where necessary, their unloading and accommodation. 5. Each Party shall take the necessary measures to avoid or reduce to a minimum the suffering of animals in cases where strikes or other unforeseeable circumstances impede the strict application of the provisions of this Convention in its territory. It will be guided for this purpose by the principles set out in this Convention. 6. Nothing in this Convention shall affect the implementation of other instruments concerning sanitary and veterinary control. 7. Nothing in this Convention shall affect the liberty of the Parties to adopt stricter measures for the protection of animals during international transport. Article 5 Authorisation of transporters 1. Each Party shall ensure that transporters transporting animals for commercial purposes are: (a) registered in a manner enabling the competent authority to identify them rapidly in the event of failure to comply with the requirements of this Convention; (b) covered by an authorisation valid for international transport granted by the competent authority of the Party in which the transporters are established. 2. Each Party shall ensure that the authorisation is granted to transporters who entrust the transport of animals only to personnel who have received proper training on the provisions of this Convention. 3. Each Party shall ensure that the abovementioned authorisation may be suspended or withdrawn where the competent authorities that granted the authorisation are informed that the transporter has repeatedly or seriously violated the provisions of this Convention. 4. Where a Party has observed an infringement of this Convention by a transporter registered in another Party to this Convention, the former Party shall communicate details of the infringement observed to the latter. DESIGN AND CONSTRUCTION Article 6 Design and construction 1. Means of transport, containers and their fittings shall be constructed, maintained and operated so as to avoid injury and suffering and to ensure the safety of the animals during transport. 2. The means of transport or container shall be designed and constructed so as to provide animals with adequate space to stand in their natural position, except for poultry other than day-old chicks. 3. The means of transport or container shall be designed and constructed so as to ensure: (a) sufficient clear space above the animals in their natural standing position for effective air circulation; (b) air quality and quantity appropriate to the species transported can be maintained, in particular where animals are carried in a fully enclosed space. 4. Means of transport, containers, fittings, etc., shall be strong enough to contain the animals' weight, to prevent them escaping or falling out, to withstand stress due to movement and, where necessary, to contain partitions to protect animals from the motion of the means of transport. Fittings shall be designed for quick and easy operation. 5. Partitions shall be of rigid construction, strong enough to withstand the weight of animals being pushed against them and designed so that they do not impede air circulation. 6. The means of transport or containers shall be constructed and operated so as to protect animals against inclement weather and adverse changes in weather conditions. In particular, the external roof directly above the animals shall minimise absorption and conduction of solar heat. 7. The floor of the means of transport or container shall be anti-slip. Floors shall be designed, constructed and maintained to avoid discomfort, distress and injury to the animals and minimise leakage of urine and faeces. Materials used for floor construction shall be selected so as to minimise corrosion. 8. The means of transport or container shall be so designed and constructed as to provide access to the animals to allow them to be inspected, and if necessary watered, fed and cared for. 9. When animals need to be tied, appropriate equipment shall be provided in the means of transport. 10. Containers in which animals are transported shall be clearly and visibly marked to indicate the presence of live animals, with a sign indicating the top of the container. 11. Means of transport, containers and their fittings shall be designed and constructed to allow easy cleaning and disinfection. PREPARATION FOR TRANSPORT Article 7 Planning 1. For each journey, the person responsible for the transport of the animals shall be identified so that information on the organisation, carrying out and completion of the transport can be obtained at any time during the journey. 2. Where the intended journey time exceeds eight hours for the transport of domestic solipeds, and domestic animals of the bovine, ovine, caprine and porcine species, the person responsible for the transport shall draw up a document specifying the arrangements established for the journey and in particular the following details: (a) identification of the transporter and means of transport; (b) identification of the consignment and accompanying documents (animal species, number of animals, veterinary certificates); (c) the place and country of departure, places of transfer, places where animals are to be unloaded and rested and the place and country of destination. 3. The person responsible for the transport shall ensure that the intended journey complies with the respective rules of the countries of departure, transit and destination. 4. The person in charge of the welfare of the animals shall immediately record in the document mentioned in paragraph 2 the times and places at which the animals transported have been fed, watered and rested during the journey. This document shall be made available to the competent authority upon request. 5. No animal shall be transported unless suitable provisions are made in advance by the person responsible for the transport to safeguard its welfare throughout the journey. Where appropriate, arrangements shall be made to provide water, feed and rest, and any necessary care during the journey and on arrival at the place of destination, and to that end, appropriate notification shall be given in advance. 6. To avoid any delay, consignments of animals shall be accompanied by appropriate documentation and, at posts where importation and transit formalities have to be completed, an appropriate person shall be notified as early as possible. 7. The person responsible for the transport shall ensure that responsibility for the welfare of the animals during transport is clearly defined, from the time of departure to arrival at the point of destination, including loading and unloading. Article 8 Attendants 1. In order to ensure the necessary care of the animals throughout the journey, consignments shall be accompanied by an attendant who is in charge of the welfare of the animals. The driver can perform the functions of attendant. 2. The attendant shall have received specific and appropriate training or have equivalent practical experience qualifying him/her to handle, transport and take care of animals, including in cases of emergency. 3. Exceptions to the provisions of paragraph 1 may be made in the following cases: (a) where the person responsible for the transport of animals has appointed an agent to care for the animals at appropriate rest, water and feed points; (b) where animals are transported in containers which are securely fastened, adequately ventilated and, where necessary, containing enough water and feed, in dispensers which cannot be tipped over, for a journey of twice the anticipated time. Article 9 Fitness for transport 1. No animal shall be transported unless it is fit for the intended journey. 2. Ill or injured animals shall not be considered fit for transport. However, this provision shall not apply to: (a) slightly injured or ill animals whose transport would not cause additional suffering; (b) animals transported for experimental or other scientific purposes approved by the relevant competent authority, if the illness or injury is part of the research programme; (c) the transport of animals under veterinary supervision for or following emergency treatment. 3. Special care shall be taken with the transport of animals in advanced stages of pregnancy, those having recently given birth and very young animals: — pregnant female mammals shall not be transported during a period at least equal to 10 % of the length of gestation before giving birth, nor during at least one week after giving birth, — very young mammals shall not be transported before the navel is completely healed. If all necessary precautions have been taken, under veterinary advice and on a case-by-case basis, exception can be made by the competent authority for registered mares with a foal at foot going to the stallion after foaling. 4. Sedatives shall not be used unless strictly necessary to ensure the welfare of the animals and shall only be used following veterinary advice, in accordance with national legislation. Article 10 Inspection/Certificate 1. Before animals are loaded for international transport they shall be inspected by an authorised veterinarian of the country where the journey starts, who shall ensure that they are fit for the journey. 2. The authorised veterinarian shall issue a certificate which identifies the animals, states that they are fit for the intended journey and, where possible, records the registration number or, where appropriate, the name or other means of identifying the means of transport and the type of transport used. 3. In certain cases determined by agreement between the Parties concerned, the provisions of this article need not apply. Article 11 Rest, water and feed prior to loading 1. Animals shall be prepared for the intended journey, be accustomed to the feed to be provided and be able to use the delivery systems for water and feed. They shall be provided with water, feed and a rest period as appropriate. 2. In order to reduce the stress of transport, due regard shall be paid to the need of certain categories of animals, such as wild animals, to become acclimatised to the mode of transport prior to the proposed journey. 3. Mixing of animals that have not been raised together or are not accustomed to one another shall be avoided as far as possible. LOADING AND UNLOADING Article 12 Principles 1. Animals shall be loaded and unloaded in such a way as to ensure that they are not caused injury or suffering. 2. Animals shall be loaded so as to ensure that space allowances (floor area and height) and separation requirements are met in accordance with Article 17. 3. Animals shall be loaded as close as possible to the time of departure from the place of dispatch. 4. On arrival at their destination, the animals shall be unloaded as soon as possible, offered an adequate quantity of water and, if necessary, be fed and allowed to rest. Article 13 Equipment and procedures 1. Loading and unloading shall take place using a properly designed and constructed ramp, lift or loading bay except where animals are to be loaded and unloaded in purpose-built containers. Manual lifting is permissible if the animals are small enough, and even desirable in the case of young animals which might have difficulty in negotiating a ramp. All loading and unloading facilities shall be suitable for their purpose, stable and maintained in a good state of repair. 2. All ramps and surfaces on which animals walk shall be designed and maintained so as to prevent slipping and their slope shall be minimised as far as possible. Where their slope is steeper than 10°, they shall be fitted with a system, such as provided by foot battens, which ensures that the animals climb or go down without risks or difficulties. The equipment shall be provided with side barriers if necessary. 3. The interior of the transport unit shall be well-lit at loading so that the animals can see where they are going, depending upon the specific requirements of the species. 4. Animals shall be loaded only into a means of transport which has been thoroughly cleaned and, where appropriate, disinfected. 5. Goods which are being transported in the same means of transport as animals shall be positioned so that they do not cause injury, suffering or distress to the animals. 6. When containers loaded with animals are placed one on top of the other on the means of transport, the necessary precautions shall be taken to avoid urine and faeces falling on the animals placed underneath. Article 14 Handling 1. Animals shall be handled calmly and gently in order to reduce unrest and agitation to a minimum, and in order to protect the animals from avoidable pain, distress and injury. 2. Noise, harassment and the use of excessive force during loading and unloading shall be avoided. Animals shall not be struck, nor shall pressure be applied to any particularly sensitive part of the body. In particular, animals' tails shall not be crushed, twisted or broken and their eyes shall not be grasped. Animals shall not be punched or kicked. 3. Animals themselves shall not be suspended by mechanical means, lifted or dragged by the head, ears, horns, antlers, legs, tail or fleece, or in any other painful way. 4. Instruments intended for guiding animals shall be used on animals solely for that purpose. The use of instruments which administer electric shocks shall be avoided as far as possible. In any case, these instruments shall only be used for adult bovine animals and adult pigs which refuse to move, and only when they have room ahead of them in which to move. Shocks shall last no longer than one second, be adequately spaced, and shall only be applied to the muscles of the hindquarters. Shocks shall not be used repeatedly if the animal fails to respond. 5. Persons handling animals shall not use prods or other implements with pointed ends. Sticks or other implements intended for guiding animals shall only be used provided they can be applied to the body of an animal without causing it injury or suffering. Article 15 Separation 1. Animals shall be separated during transport where injury or suffering is likely to occur if they are mixed. This shall apply in particular to: (a) animals of different species; (b) animals hostile to each other; (c) animals of significantly different sizes or ages; (d) uncastrated adult males; (e) tied and untied animals. 2. The provisions of paragraph 1 shall not apply where the animals have been raised in compatible groups, are accustomed to each other, where separation will cause distress or where females are accompanied by dependent young. TRANSPORT PRACTICES Article 16 Floors and bedding The floor surfaces of means of transport or containers shall be maintained so as to minimise the risk of slipping and leakage of urine and faeces. An appropriate bedding which absorbs urine and faeces and which provides an adequate resting material shall cover the floor of the means of transport or containers, unless an alternative method is used that provides at least the same advantages to the animals. Article 17 Space allowances (floor area and height) 1. Animals shall be provided with adequate space to stand in their natural position in the means of transport or container. Space to lie down at the same time shall be provided unless the technical protocol or special conditions for the protection of animals require otherwise. A technical protocol, drawn up in accordance with Article 34 of this Convention, shall determine the minimum space allowances for animals. 2. To prevent injury by excessive movement, partitions shall be used to subdivide large groups of animals or subdivide a pen which contains fewer animals than its normal capacity, which otherwise would have too much space. 3. Partitions shall be appropriate to the size and species of the animals, and shall be positioned, secured and maintained so as to prevent injury or suffering to the animals. Article 18 Tying of animals When animals are tied, the ropes, the tethers or other means used shall be strong enough not to break during normal transport conditions, and long enough to allow the animals, if necessary, to lie down and to eat and drink. They shall be designed in such a way as to eliminate any danger of strangulation or injury. Animals shall not be tied by the horns, antlers, legs, nose-rings nor be transported having their legs tied together. Animals shall be tied only with devices allowing them to be quickly released. Article 19 Ventilation and temperature 1. Sufficient ventilation shall be provided to ensure that the needs of the animals are fully met, taking into account in particular the number and type of the animals to be transported and the expected weather conditions during the journey. 2. Containers shall be stowed in a way which does not impede their ventilation. 3. Where animals are to be transported in adverse conditions of temperature and humidity, suitable arrangements shall be taken to safeguard their welfare. Article 20 Water, feed and rest 1. During transport, animals shall be offered water, feed and the opportunity to rest as appropriate to their species and age, at suitable intervals. 2. A technical protocol, drawn up in accordance with Article 34 of this Convention, will determine the maximum travelling times and minimum watering and feeding intervals and resting periods. 3. Water and feed shall be of good quality and presented to the animals in a way which minimises contamination. Article 21 Females in lactation Lactating females not accompanied by their offspring shall not be transported for long periods. However, where this is unavoidable, they shall be milked shortly before loading and at intervals of not more than 12 hours during the course of a journey. Article 22 Lighting The means of transport shall be equi