title: Council Directive 95/29/EC of 29 June 1995 amending Directive 91/628/EEC concerning the protection of animals during transport

text:
Avis juridique important

|

31995L0029

Council Directive 95/29/EC of 29 June 1995 amending Directive 90/628/EEC concerning the protection of animals during transport

Official Journal L 148 , 30/06/1995 P. 0052 - 0063

COUNCIL DIRECTIVE 95/29/EC of 29 June 1995  amending Directive 91/628/EEC concerning the protection of animals during transport THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 43  thereof, Having regard to the proposal from the Commission (1), Having regard to the opinion of the European Parliament (2), Having regard to the opinion of the Economic and Social Committee (3), Whereas Article 13 (1) of Council Directive 91/628/EEC of 19 November 1991 on the protection of  animals during transport (4) requires the Commission to submit a report, possibly accompanied by  proposals, on maximum journey times, feeding and watering intervals, resting periods, space  allowances and standards to be met by means of transport as regards the transport of certain types  of animal; Whereas the report from the Commission, based on an opinion from the Scientific Veterinary  Committee, shows that standards can be established on the abovementioned matters in respect of  certain types of animal, based on scientific knowledge and well established experience; Whereas some Member States have rules on journey times, feeding and watering intervals, resting  periods and space allowances; whereas these rules are, in some cases, extremely detailed and are  used by some Member States to restrict intra-Community trade in live animals; whereas persons  involved in the transport of animals need clearly defined criteria to enable them to operate on a  Community-wide basis without coming into conflict with differing national provisions; Whereas, in order to eliminate technical barriers to trade in live animals and to allow the market  organizations in question to operate smoothly, while ensuring a satisfactory level of protection  for the animals concerned, it is necessary in the context of the internal market to  modify the  rules of Directive 91/628/EEC with a view to harmonizing travelling times and resting periods,  feeding and watering intervals, and space allowances, for certain types of animal; Whereas Member States should further be authorized to lay down stricter conditions for journey  times for animals destined for slaughter where the animals are to be transported between a place of  departure and a place of destination situated in their territory whilst complying with the general  provisions of the Treaty, HAS ADOPTED THIS DIRECTIVE: Article 1 Directive 91/628/EEC is hereby amended as follows: 1. Article 1 (2) (a) shall be replaced by the following text: '(a) - to transport which is not of a commercial nature or to any individual animal accompanied by  a natural person who has responsibility for the animal during transport, - to the transport of pet animals accompanying their owner on a private journey.` 2. In Article 2 (2): (a) in point (e), the words 'and accommodated for at least 10 hours` shall be replaced by the words  'and accommodated for 24 hours`; (b) the following subparagraphs shall be added: '(h) "rest period", a continuous period in the course of a journey during which animals are not  being moved by a means of transport; (i) "transporter", any natural or legal person transporting animals - on his own account, or - for the account of a third party, or - by providing a third party with a means of transport of animals, where such transport is of a commercial nature and carried out for the purpose of gain;` 3. In Article 3 (1), the following subparagraph shall be inserted: '(aa) - space allowances (loading densities) for animals at least comply with the figures laid down  in Chapter VI of the Annex, in respect of the animals and the means of transport referred to in  that Chapter, - travelling times and rest periods and feeding and watering intervals for certain types of animals  comply with those laid down in Chapter VII of the Annex, in respect of the animals referred to in  that Chapter, without prejudice to the provisions of Regulation (EEC) No 3820/85 (*); (*) OJ No L 370, 31. 12. 1985, p. 1.` 4. Article 5 shall be replaced by the following: 'Article 5 A. Member States shall ensure that: 1. any transporter: (a) is: (i) registered in a manner enabling the competent authority to identify the person rapidly in the  event of failure to comply with the requirements of this Directive; (ii) covered by an authorization valid for all transport of vertebrate animals carried out in one  of the territories referred to in Annex I to Directive 90/675/EEC, granted by the competent  authority of the Member State of establishment or, if an undertaking established in a third country  is concerned, by a competent authority of a Member State of the Union, subject to a written  undertaking by the person in charge of the transport undertaking to comply with the requirements of  the Community veterinary legislation in force. This written undertaking shall in particular state that: - the transporter referred to in point 2 has taken all the measures necessary to comply with the  requirements of this Directive as far as the place of destination and, more particularly where  export to third countries is concerned, as far as the place of destination as defined by Community  legislation, - without prejudice to the provisions of Chapter 1A (6) (b) of the Annex, the staff referred to in  subparagraph (a) of point 2 have received specific training, either within the undertaking or from  a training body, or have equivalent practical experience qualifying them to handle and transport  vertebrate animals and to administer, if necessary, appropriate care to the animals transported; (b) does not transport any animal, or cause any animal to be transported, in a way which is likely  to cause injury or undue suffering to that animal; (c) uses, for the transport of animals referred to in this Directive, means of transport that will  ensure compliance with Community requirements concerning welfare during transport, and in  particular the requirements laid down in the Annex and those to be laid down in accordance with  Article 13 (1); 2. the transporter: (a) entrusts the transport of the live animals to staff who possess the necessary ability,  professional competence and knowledge laid down in subparagraph (a) of point 1; (b) for the animals referred to in Article 1 (1) (a) which are to be traded between Member States  or exported to third countries, and in cases where the journey time exceeds eight hours, draws up a  route plan in accordance with the specimen in Chapter VIII of the Annex, which will be attached to  the health certificate during the journey, and also indicates any staging and transfer points. A single route plan will have to be drawn up in accordance with point (c) to cover the whole period  of the journey; (c) submits the route plan referred to in (b) to the competent authority so that it can draw up the  health certificate, after which, the number or numbers of such certificates must be marked on the  route plan and it must be stamped by the veterinarian of the place of departure, who will also give  notice of the existence of the route plan through the Animo system; (d) ensures: (i) that the original copy of the route plan referred to in (b) - is duly drawn up and completed by the appropriate persons at the appropriate time, - is attached to the health certificate accompanying the consignment throughout the journey; (ii) that the staff in charge of the transport - state in the route plan the times and places at which the animals transported have been fed and  watered during the journey, - where animals are being exported to third countries and the travelling time within Community  territory, exceeds eight hours, have the route plan certified, after checking, by the competent  authority of the authorized crossing point or of the point of exit designated by a Member State  (stamps and signature), after the animals have been checked and judged by the official veterinarian  to be fit to continue their journey. Member Sates may specify that expenses incurred by the abovementioned veterinary check shall be  borne by the operator exporting the animals, - on their return, send back the route plan to the competent authority of the place of origin.  However, where animals are being exported to third countries by sea and the travelling time  exceeds eight hours, the same provisions shall apply; (e) keeps, for a period fixed by the competent authority, a second copy of the route plan referred  to in (b) which may, if required, be submitted on request to the competent authority for  verification; (f) demonstrates, according to the species transported and where the length of the journey entails  compliance with Chapter VII (4), that steps have been taken to meet the animals' needs for food and  water during the journey, even where the route plan is changed or where the journey is interrupted  for reasons beyond his control; (g) ensures that the animals are transported without delay to their place of destination; (h) without prejudice to compliance with the provisions in Chapter III of the Annex, ensures that  animals of species not referred to in Chapter VII of the Annex are suitably fed and watered at  appropriate internals during transport; 3. that the staging points, agreed upon in advance by the person in charge referred to in point 2,  are regularly checked by the competent authority which must also satisfy itself that the animals  are fit to continue their journey; 4. that the costs of meeting animals' feeding, watering and rest requirements are borne by the  operators referred to in point 1.  B. Any procedures for application which result from this Article shall be adopted in accordance  with the procedure provided for in Article 17.` 5. Article 8 shall read as follows: 'Article 8 Member States shall ensure that, in accordance with the principles and rules of control laid down  in Directive 90/425/EEC, the competent authorities check that the requirements of this Directive  have been complied with, by carrying out non-discriminatory inspections of: (a) means of transport and animals during transport by road; (b) means of transport and animals arriving at their place of destination; (c) means of transport and animals at markets, at places of departure, at staging points and at  transfer points; (d) the particulars on the accompanying documents. Such inspections must be carried out on an adequate sample of the animals transported each year  within each Member State, and may be carried out at the same time as checks for other purposes. The competent authority in each Member State shall submit to the Commission an annual report  stating the number of inspections carried out in the preceding calendar year in respect of each of  the points (a), (b), (c) and (d) and including details of any reported infringements and the action  taken as a result by the competent authority. Furthermore, where the competent authority of a Member State has information leading it to suspect  an infringement, checks may also be carried out during the transport of animals on its territory. This Article shall not affect checks carried out as part of tasks conducted in a non-discriminatory  manner by authorities responsible for the general application of laws in a Member State.` 6. The following shall be added as third subparagraph to Article 9 (1): 'Any measure taken pursuant to the second subparagraph shall be notified by the competent authority  by the Animo network according to the procedures, including financial procedures, to be established  according to the procedure provided for in Article 17.` 7. Article 10 shall be replaced by the following: 'Article 10 1.  Commission experts may, to the extent necessary to ensure uniform application of this  Directive, carry out on-the-spot checks. In so doing, they may carry out random, non-discriminatory  checks to ensure that the competent authority is monitoring compliance with the requirements of  this Directive. The Commission shall inform the Member States of the results of these checks. 2.  The checks referred to in paragraph 1 shall be carried out in collaboration with the competent  authority. 3.  The Member State in the territory of which the inspections are carried out shall provide the  experts with any assistance they require to accomplish their task. 4.  Detailed rules for the application of this Article shall be adopted in accordance with the  procedure laid down in Article 17.` 8. Article 11 shall be replaced by the following: `Article 11 1.  The rules laid down by Directive 91/496/EEC shall apply, in particular with regard to the  organization of and follow-up to checks. 2.  The importation, transit and transport into and through Community territory of live animals  covered by this Directive coming from third countries shall be authorized only if the transporter: - gives a written undertaking to comply with the requirements of this Directive, in particular  those referred to in Article 5, and has made arrangements to comply with them, - submits a route plan drawn up in accordance with Article 5. 3.  In addition, when checking that the requirements of paragraph 2 have been complied with, the  official veterinarian of the border inspection post shall verify compliance with animal welfare  requirements. If he establishes that requirements for the feeding and watering of animals have not  been complied with, he shall take, at the operator's expense, the measures provided for in Article  9. 4.  The certificate or documents provided for in the third indent of Article 4 (1) of Directive  91/496/EEC shall be supplemented in accordance with the procedure laid down in Article 17, in order  to take account of the requirements of this Directive. Pending adoption of these measures, the relevant national rules shall apply, subject to the general  rules laid down by the Treaty.` 9. Article 13 shall be replaced by the following: 'Article 13 1.  Before 31 December 1995, the Commission shall submit proposals to the Council for the fixing of  standards with which means of transport must comply. The Council shall act on those proposals by a  qualified majority. 2.  The Council, acting by a qualified majority on a proposal from the Commission, shall, before 30  June 1996, lay down the Community criteria to be met by staging points with regard to the reception  structure, feeding, watering, loading, unloading and where necessary housing of certain types of  animal as well as the health requirements applicable to such staging points. 3.  Before 31 December 1999, the Commission shall submit a report to the Council on the experience  acquired by the Member States since the implementation of this Directive, possibly accompanied by  proposals on which the Council shall act by a qualified majority. 4.  Pending implementation of the provisions referred to in paragraphs 1 and 2, the relevant  national rules shall apply subject to the general rules laid down by the Treaty.` 10. Article 16 shall be replaced by the following: 'Article 16 1.  Member States may exempt from the provisions of this Directive movements of animals in certain  parts of the territories referred to in Annex I to Directive 90/675/EEC, to take account of their  remoteness from the mainland part of the Community territory. 2.  Member States which make use of this option shall inform the other Member States and the  Commission in the Standing Veterinary Committee of the measures they have taken.` 11. Article 18 (2) shall be replaced by the following: '2.  In the case of repeated infringements of this Directive or an infringement which involves  serious suffering for the animals, a Member State shall, without prejudice to any other penalties  provided for, take the measures necessary to remedy the shortcomings noted, up to and including  suspension or even withdrawal of the authorization referred to in Article 5A (1) (a) (ii). Member States shall, when they transpose provisions into their national legislation, provide for  the measures which they will take to remedy the shortcomings noted.` 12. The following paragraphs shall be added to Article 18: '3.  Where it is established in the Member State of transit or destination by the competent  authority of one of those Member States that a transport undertaking is not observing the  provisions of this Directive, they shall contact the competent authority of the Member State which  granted the authorization without delay. The latter shall take all the necessary measures, in  particular those laid down in paragraph 2. It shall communicate the decision taken and the reasons  therefor to the competent authority of the Member State in which the infringement was established  and to the Commission. The Commission shall regularly inform the other Member States thereof. 4.  The Member States shall, acting in accordance with the provisions laid down in Directive  89/608/EEC (*), provide each other with mutual assistance in applying this Directive in order, in  particular, to ensure compliance with the provisions of this Article. Where it has been established that serious or repeated infringements have taken place, provided  that all the possibilities afforded by mutual assistance have been exhausted and after contacts  between the parties and the Commission, the Member State in which the infringements have been  established may temporarily prohibit the transporter who is implicated from transporting animals on  its territory. 5.  This Article shall not affect national rules applicable to penal sanctions. (*) OJ No L 351, 2. 12. 1989, p. 34.` 13. The following shall be added to Chapter I, Section A. 2 (b) of the Annex: 'Sufficient space should be provided inside the animals' compartment and at each of its levels to  ensure that there is adequate ventilation above the animals when they are in a naturally standing  position without on any account hindering their natural movement.` 14. Chapter I, Section A. 2 (d) of the Annex shall be replaced by the following: '(d) During transport the animals must receive water and appropriate food at the intervals laid  down for this purpose in Chapter VII.` 15. The Chapters which appear in the Annex to this Directive shall be added to the Annex. Article 2 1.  Member States shall bring into force the laws, regulations and administrative  provisions necessary to comply with this Directive by 31 December 1996 at the latest. They shall  forthwith inform the Commission thereof. However, Member States shall have an additional period running until 31 December 1997 within which  to apply the requirements laid down in Chapter VII (3) to the means of transport referred to in  points (3), (6) and (7) of that Chapter. When Member States adopt these measures, they shall contain a reference to this Directive or shall  be accompanied by such reference on the occasion of their official publication. The methods of  making such reference shall be laid down by Member States. 2.  Member States shall communicate to the Commission the texts of the main provisions of domestic  law which they adopt in the field governed by this Directive. Article 3 This Directive shall enter into force on the day of its publication in the Official  Journal of the European Communities. Article 4 This Directive is addressed to the Member States. Done at Brussels, 29 June 1995. For the Council The President J. BARROT (1) OJ No C 250, 14. 9. 1993, p. 12. (2) OJ No C 20, 24. 1. 1994, p. 68. (3) OJ No C 127, 7. 5. 1994, p. 32. (4) OJ No L 340, 11. 12. 1991, p. 17. Directive as amended by Decision 92/438/EEC (OJ No L 243, 25.  8. 1992, p. 27).  ANNEX Chapters to be added to the Annex to Directive 91/628/EEC 'CHAPTER VI 47.  LOADING DENSITIES A. DOMESTIC SOLIPEDS >TABLE>These figures may vary by a maximum of 10 % for adult horses and ponies and by a  maximum of 20 % for young horses and foals, depending not only on the horses' weight and size but  also on their physical condition, the meteorological conditions and the likely journey time. >TABLE>These figures may vary by a maximum of 10 % for adult horses and ponies and by a  maximum of 20 % for young horses and foals, depending not only on the horses' weight and size but  also on their physical condition, the meteorological conditions and the likely journey time. >TABLE>>TABLE>B. BOVINE ANIMALS >TABLE>These figures may vary, depending not only on the animals' weight and size but  also on their physical condition, the metorological conditions and the likely journey time. >TABLE>These figures may vary, depending not only on the animals' weight and size but  also on their physical condition, the metorological conditions and the likely journey time. >TABLE>>TABLE>Pregnant animals must be allowed 10 % more space. C. SHEEP/GOATS >TABLE>The surface area indicated above may vary depending on the breed, the size, the  physical condition and the length of fleece of the animals, as well as on the meteorological  conditions and the journey time. >TABLE>The surface area indicated above may vary depending on the breed, the size, the  physical condition and the length of fleece of the animals, as well as on the meteorological  conditions and the journey time. As an indication: for small lambs, an area of under 0,2 m² per  animal may be provided. >TABLE>>TABLE>D. PIGS Transport by rail and by road All pigs must at least be able to lie down and stand up in their natural position. In order to comply with these minimum requirements, the loading density for pigs of around 100 kg  should not exceed 235 kg/m². The breed, size and physical condition of the pigs may mean that the minimum required surface area  given above has to be increased; a maximum increase of 20 % may also be required depending on the  meteorological conditions and the journey time. >TABLE>>TABLE>E. POULTRY >TABLE>These figures may vary depending not only on the weight and size of the birds but  also on their physical condition, the meteorological conditions and the likely journey time. CHAPTER VII 48. Watering and feeding interval, journey times and resting periods 1. The requirements laid down in this Chapter apply to the movement of the animal species listed in  Aricle 1 (1) (a), except in the case of air transport, the requirements for which are laid down in  Chapter I (E), points 27 to 29. 2. Journey times for animals belonging to the species referred to in point 1 shall not exceed eight  hours. 3. The maximum journey time in point 2 may be extended where the transporting vehicle meets the  following additional requirements: - there is sufficient bedding on the floor of the vehicle, - the transporting vehicle carries appropriate feed for the animal species transported and for the  journey time, - there is direct access to the animals, - adequate ventilation is possible which may be adjusted depending on the temperature (inside and  outside), - there are moveable panels for creating separate compartments, - vehicles are equipped for connection to a water supply during stops, - in the case of vehicles for transporting pigs, sufficient water ist carried for watering during  the journey. 4. The watering and feeding intervals, journey times and rest periods when using road vehicles  which meet the requirements in point 3 are defined as follows: (a) Unweaned calves, lambs, kids and foals which are still on a milk diet and unweaned piglets  must, after nine hours of travel, be given a rest period of at least one hour sufficient in  particular for them to be given liquid and if necessary fed. After this rest period, they may be  transported for a further nine hours. (b) Pigs may be transported for a maximum period of 24 hours. During the journey, they must have  continuous access to water. (c) Domestic solidungulates (except registered equidae within the meaning of Directive 90/426/EE  (1) may be transported for a maximum period of 24 hours. During the journey they must be given  liquid and if necessary fed every eigth hours. (d) All other animals of the species referred to in point 1 must, after 14 hours of travel, be  given a rest period of at least one hour sufficient for them in particular to be given liquid and  if necessary fed. After this rest period, they may be transported for a further 14 hours. 5. After the journey time laid down, animals must be unloaded, fed and watered and be rested for at  least 24 hours. 6. Animals must not be transported by train if the maximum journey time exceeds that laid down in  point 2. However, the journey times laid down in point 4 shall apply where the conditions laid down  in points 3 and 4, except for rest periods, are met. 7. (a) Animals must not be transported by sea if the maximum journey time exceeds that laid down in  point 2, unless the conditions laid down in points 3 and 4, apart from journey times and rest  periods, are met. (b) In the case of transport by sea on a regular and direct link between two geographical points of  the Community by means of vehicles loaded on to vessels without unloading of the animals, the  latter must be rested for 12 hours after unloading at the port of destination or in its immediate  vicinity unless the journey time at sea is such that the voyage can be included in the general  scheme of points 2 to 4. 8. In the interests of the animals, the journey times in points 3, 4 and 7 (b) may be extended by  two hours, taking account in particular of proximity to the place of destination. 9. Without prejudice to the porovisions of points 3 to 8, Member States are authorized to provide  for a maximum non-extendible journey time of eigth hours for the transport of animals destined for  slaughter, where the transport is carried out exclusively from a place of departure to a place of  destination both situated on their own territory. CHAPTER VIII ROUTE PLAN >START OF GRAPHIC>TRANSPORTER (NAME, ADDRESS, BUSINESS NAME) SIGNATURE OF TRANSPORTER (1) MEANS OF TRANSPORT No OF REGISTRATION PLATE OR IDENTIFICATION (1) ANIMAL SPECIES: NUMBER: PLACE OF DEPARTURE: PLACE AND COUNTRY OF DESTINATION: ITINERARY: ESTIMATED JOURNEY TIME: (1) (1) No(s) OF HEALTH CERTIFICATE(S) OR ACCOMPANYING DOCUMENT (2) STAMP OF VETERINARIAN OF THE PLACE OF DEPARTURE (2) OF THE COMPETENT AUTHORITY OF THE POINT OF EXIT OR AUTHORIZED CROSSINGPOINT (4) DATE AND TIME OF DEPARTURE: STOPPING OR TRANSFER POINT:NAME OF THE PERSON IN CHARGE OF THE TRANSPORT DURING THE JOURNEY (3) PLACE AND ADDRESS  DATE AND TIME LENGTH OF THE STOP REASON (a) (b) (c) (d) (e) (f) (1) To be completed by the transporter before departure (2) To be completed by the appropriate veterinarian (3) To be completed by the transporter during the journey (4) To be completed by the competent authority at the point of exit or authorized crossing point Date and time of arrival Signature of the person in charge during the journey` >END OF GRAPHIC>(1) OJ No L 224, 18. 8. 1990, p. 29.


Avis juridique important

|

31997L0058

Commission Directive 97/58/EC of 26 September 1997 amending Council Directive 94/57/EC on common rules and standards for ship inspection and survey organizations and for the relevant activities of maritime administrations (Text with EEA relevance)

Official Journal L 274 , 07/10/1997 P. 0008 - 0008

COMMISSION DIRECTIVE 97/58/EC of 26 September 1997 amending Council Directive 94/57/EC on common rules and standards for ship inspection and survey organizations and for the relevant activities of maritime administrations (Text with EEA relevance)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Directive 94/57/EC of 22 November 1994 on common rules and standards for ship inspection and survey organizations and for the relevant activities of maritime administrations (1), and in particular Article 8 thereof,Whereas the Annex to Directive 94/57/EC is based on IMO Resolution A.739(18) on guidelines for the authorization of organizations acting on behalf of the administration;Whereas the IMO Assembly at its 19th session adopted Resolution A.789(19) on specifications on the survey and certification functions of recognized organizations acting on behalf of the administration;Whereas the specifications set out in IMO Resolution A.789(19) have to be considered as an attachment to the guidelines set out in IMO Resolution A.739(18);Whereas, for the purposes of Directive 94/57/EC, it is appropriate to incorporate the provisions of IMO Resolution A.789(19) in the Annex to the said Directive, in so far as applicable;Whereas the measures provided for in this Directive are in accordance with the opinion of the Committee referred to in Article 7 of Directive 94/57/EC,HAS ADOPTED THIS DIRECTIVE:Article 1 In the Annex to Directive 94/57/EC the following paragraph 7 is added to Section 'A. GENERAL`:'7. The organization should operate in accordance with the provisions set out in the Annex to IMO Resolution A.789(19) on specifications on the survey and certification functions of recognized organizations acting on behalf of the administration, in so far as they cover matters falling within the scope of this Directive.`Article 2 1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive no later than 30 September 1998.2. When Member States adopt these provisions, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such a reference shall be laid down by Member States.3. Member States shall immediately communicate to the Commission the text of all the provisions of domestic law which they adopt in the field governed by this Directive. The Commission shall inform the other Member States thereof.Article 3 This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Communities.Article 4 This Directive is addressed to the Member States.Done at Brussels, 26 September 1997.For the CommissionNeil KINNOCKMember of the Commission(1) OJ L 319, 12. 12. 1994, p. 20.


title: Commission Directive 2005/34/EC of 17 May 2005 amending Council Directive 91/414/EEC to include etoxazole and tepraloxydim as active substances  (Text with EEA relevance)

text:
               18.5.2005

               EN

               Official Journal of the European Union

               L 125/5

      COMMISSION DIRECTIVE 2005/34/EC
   of 17 May 2005
   amending Council Directive 91/414/EEC to include etoxazole and tepraloxydim as active substances
   (Text with EEA relevance)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community,
   Having regard to Council Directive 91/414/EEC of 15 July 1991 concerning the placing of plant protection products on the market (1), and in particular Article 6(1) thereof,
   Whereas:

               (1)

               In accordance with Article 6(2) of Directive 91/414/EEC, France received on 21 April 1998 an application from Sumitomo Chemical Agro Europe SA for the inclusion of the active substance etoxazole, formerly also called ‘etoxazol’, in Annex I to Directive 91/414/EEC. Commission Decision 1999/43/EC (2) confirmed that the dossier was ‘complete’ in the sense that it could be considered as satisfying, in principle, the data and information requirements of Annexes II and III to Directive 91/414/EEC.

               (2)

               Spain received an application under Article 6(2) of Directive 91/414/EEC on 11 September 1997 from BASF AG for the inclusion of the active substance tepraloxydim in Annex I to Directive 91/414/EEC. Commission Decision 98/512/EC (3) confirmed that the dossier was ‘complete’ in the sense that it could be considered as satisfying, in principle, the data and information requirements of Annexes II and III to Directive 91/414/EEC.

               (3)

               For those active substances, the effects on human health and the environment have been assessed, in accordance with the provisions of Article 6(2) and (4) of Directive 91/414/EEC, for the uses proposed by the applicants. The designated rapporteur Member States submitted draft assessment reports concerning the substances to the Commission on 8 October 2001 (etoxazole) and 21 January 2002 (tepraloxydim).

               (4)

               The draft assessment reports have been reviewed by the Member States and the Commission within the Standing Committee on the Food Chain and Animal Health. The review was finalised on 3 December 2004 in the format of the Commission review reports for etoxazole and tepraloxydim.

               (5)

               The review of etoxazole and tepraloxydim did not reveal any open questions or concerns, which would have required a consultation of the Scientific Committee on Plants or of the European Food Safety Authority.

               (6)

               It has appeared from the various examinations made that plant protection products containing the active substances concerned may be expected to satisfy, in general, the requirements laid down in Article 5(1)(a) and (b) and Article 5(3) of Directive 91/414/EEC, in particular with regard to the uses which were examined and detailed in the Commission review report. It is therefore appropriate to include etoxazole and tepraloxydim in Annex I, in order to ensure that in all Member States the authorisations of plant protection products containing these active substances may be granted in accordance with the provisions of that Directive.

               (7)

               After inclusion of etoxazole and tepraloxydim in Annex I to Directive 91/414/EEC, Member States should be allowed a reasonable period to implement the provisions of Directive 91/414/EEC as regards plant protection products containing those substances and in particular to review existing provisional authorisations and, by the end of this period at the latest, to transform those authorisations into full authorisations, to amend them or to withdraw them in accordance with the provisions of Directive 91/414/EEC.

               (8)

               It is therefore appropriate to amend Directive 91/414/EEC accordingly.

               (9)

               The measures provided for in this Directive are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,

         HAS ADOPTED THIS DIRECTIVE:
   Article 1
   Annex I to Directive 91/414/EEC is amended as set out in the Annex to this Directive.
   Article 2
   1.   Member States shall adopt and publish by 30 November 2005 at the latest the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions and a correlation table between those provisions and this Directive.
   They shall apply those provisions from 1 December 2005.
   When Member States adopt those provisions, they shall contain a reference to this Directive or shall be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.
   2.   Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.
   Article 3
   1.   Member States shall review the authorisation for each plant protection product containing etoxazole or tepraloxydim to ensure that the conditions relating to those active substances set out in Annex I to Directive 91/414/EEC are complied with. Where necessary, they shall amend or withdraw authorisations in accordance with Directive 91/414/EEC by 30 November 2005 at the latest.
   2.   For each authorised plant protection product containing etoxazole or tepraloxydim as either the only active substance or as one of several active substances all of which were listed in Annex I to Directive 91/414/EEC by 31 May 2005 at the latest, Member States shall re-evaluate the product in accordance with the uniform principles provided for in Annex VI to Directive 91/414/EEC, on the basis of a dossier satisfying the requirements of Annex III to that Directive. On the basis of that evaluation, they shall determine whether the product satisfies the conditions set out in Article 4(1)(b), (c), (d) and (e) of Directive 91/414/EEC.
   Following that determination Member States shall:

               (a)

               in the case of a product containing etoxazole or tepraloxydim as the only active substance, where necessary, amend or withdraw the authorisation by 30 November 2006 at the latest; or

               (b)

               in the case of a product containing etoxazole or tepraloxydim as one of several active substances, where necessary, amend or withdraw the authorisation by 30 November 2006 or by the date fixed for such an amendment or withdrawal in the respective Directive or Directives which added the relevant substance or substances to Annex I to Directive 91/414/EEC, whichever is the latest.

         Article 4
   This Directive shall enter into force on 1 June 2005.
   Article 5
   This Directive is addressed to the Member States.

      Done at Brussels, 17 May 2005.

            For the Commission

         Markos KYPRIANOU

            Member of the Commission

      (1)  OJ L 230, 19.8.1991, p. 1. Directive as last amended by Directive 2005/25/EC (OJ L 90, 8.4.2005, p. 1).

      (2)  OJ L 14, 19.1.1999, p. 30.

      (3)  OJ L 228, 15.8.1998, p. 35.

      ANNEX
      In Annex I to Directive 91/414/EEC, the following rows are added at the end of the table:

                     No

                     Common name, identification numbers

                     IUPAC name

                     Purity (1)

                     Entry into force

                     Expiration of inclusion

                     Specific provisions

                     ‘100

                     Etoxazole
                     CAS No: 153233-91-1
                     CIPAC No: 623

                     (RS)-5-tert-butyl-2-[2-(2,6-difluorophenyl)-4,5-dihydro-1,3-oxazol-4-yl] phenetole

                     ≥ 948 g/kg

                     1 June 2005

                     31 May 2015

                     Only uses as acaricide may be authorised.
                     For the implementation of the uniform principles of Annex VI, the conclusions of the review report on etoxazole, and in particular Appendices I and II thereof, as finalised in the Standing Committee on the Food Chain and Animal Health on 3 December 2004 shall be taken into account.
                     In this overall assessment Member States should pay particular attention to the protection of aquatic organisms.
                     Risk mitigation measures should be applied where appropriate.

                     101

                     Tepraloxydim
                     CAS No: 149979-41-9
                     CIPAC No: 608

                     (EZ)-(RS)-2-{1-[(2E)-3-chloroallyloxyimino]propyl}-3-hydroxy-5-perhydropyran-4-ylcyclohex-2-en-1-one

                     ≥ 920 g/kg

                     1 June 2005

                     31 May 2015

                     Only uses as herbicide may be authorised.
                     For the implementation of the uniform principles of Annex VI, the conclusions of the review report on tepraloxydim, and in particular Appendices I and II thereof, as finalised in the Standing Committee on the Food Chain and Animal Health on 3 December 2004 shall be taken into account.
                     In this overall assessment, Member States should pay particular attention to the protection of terrestrial non-target arthropods.
                     Risk mitigation measures should be applied where appropriate.

         (1)  Further details on identity and specification of active substances are provided in the review report.’


title: Council Directive of 19 November 1991 on the protection of animals during transport and amending Directives 90/425/EEC and 91/496/EEC

text:
Avis juridique important

|

31991L0628

Council Directive 91/628/EEC of 19 November 1991 on the protection of animals during transport and amending Directives 90/425/EEC and 91/496/EEC

Official Journal L 340 , 11/12/1991 P. 0017 - 0027

COUNCIL DIRECTIVEof 19  November 1991on the protection of animals during transport and amending Directives 90/425/EEC and  91/496/EEC(91/628/EEC)THE COUNCIL OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, and in particular Article  43 thereof, Having regard to the proposal from the Commission (1), Having regard to the opinion of the European Parliament (2), Having regard to the opinion of the Economic and Social Committee (3), Whereas in its resolution of 20 February 1987 on animal welfare policy (4), the European Parliament  called upon the Commission to put forward proposals on the protection of animals during transport; Whereas in order to eliminate technical barriers to trade in live animals and to allow the market  organizations in question to operate smoothly, while ensuring a satisfactory level of protection  for the animals concerned, the Community has adopted rules in this field; Whereas all Member States have ratified the European Convention for the protection of animals  during international transport and have signed the additional Protocol enabling the Community as  such to accede to the said Convention; Whereas Council Regulation (EEC) No 3626/82 of 3 December 1982 on the implementation in the  Community of the Convention on international trade in endangered species of wild fauna and flora  (5), hereinafter referred to as 'Cites`, regulates the conditions of transport of certain species; Whereas Directive 77/489/EEC (6) laid down rules on the protection of animals during international  transport; whereas Directive 81/389/EEC (7) established measures for the implementation of  Directive 77/489/EEC, and in particular introduced controls at the internal frontiers of the  Community; Whereas in order to achieve the same objectives, and in particular the protection of animals during  transport, it is necessary in the context of establishing the internal market to modify the rules  of Directive 90/425/EEC (8), inter alia with a view to harmonizing prior checks relating to animal  welfare during transport; Whereas within this framework the transport of animals within, to and from the Community must be  covered, and systematic checks at the internal frontiers of the Community must be abolished; Whereas for reasons of animal welfare the transport over long distances of animals, including  animals for slaughter, should be reduced as far as possible; Whereas the rules proposed must ensure more effective protection of animals during transport; Whereas Directive 91/496/EEC (9) should be amended so as to adapt it to this Directive; whereas  Directives 77/489/EEC and 81/389/EEC should furthermore be repealed, HAS ADOPTED THIS DIRECTIVE: CHAPTER I General provisions Article 11.  This Directive applies to the  transport of: (a)  domestic solipeds and domestic animals of the bovine, ovine, caprine and porcine species; (b)poultry, domestic birds and domestic rabbits; (c)domestic cats and domestic dogs; (d)other mammals and birds; (e)other vertebrate animals and cold-blooded animals. ( 7) OJ N° L 224, 18. 8. 1990, p. 29. Directive as last amended by Directive 91/496/EEC (OJ N° L  268, 24. 9. 1991, p. 56). (§) OJ N° L 268, 24. 9. 1991, p. 56. 2.  This Directive does not apply: (a)to travellers transporting pet animals for non-profit-making purposes; (b)without prejudice to the relevant national provisions, to the transport of animals carried  out: - up to a maximum distance of 50 km counted from the start of the transport of the animals to the  place of destination, or- by stock farmers or fatteners using agricultural vehicles or means of  transport belonging to them in cases where the geographical circumstances call for  non-profit-making seasonal transhumance of certain types of animal. Article 21.  For the purposes of this Directive, the definitions in Article 2 of Directives  89/662/EEC (1), 90/425/EEC, 90/675/EEC (2) and Directive 91/496/EEC shall apply as necessary. 2.  In addition, the following definitions shall apply: (a)  'means of transport`, those parts of road vehicles, rail vehicles, ships and aircraft used for  loading and carrying animals, as well as containers for land, sea or air transport; (b)'transport`, any movement of animals, effected by a means of transport, which involves loading  and unloading the animals; (c)'staging point`, a place where the journey is interrupted to rest, feed or water the animals; (d)'transfer point`, a place where transport is interrupted to transfer animals from one means of  transport to another; (e)'place of departure`, the place at which, without prejudice to the provisions of Article 1 (2)  (b), the animal is first loaded on to a means of transport, or any place where the animals have  been unloaded and accommodated for at least 10 hours, watered, fed and, if necessary, cared for,  but excluding any staging or transfer point. Markets and assembly centres approved in accordance with Community legislation may also be regarded  as places of departure: - where the first place of loading of the animals is less than 50 km from the said markets or  assembly centres, - where, although the distance referred to in the first indent is over 50 km, the animals have had  a rest period of a length to be determined in accordance with the procedure laid down in Article 17  and have been watered and fed before being reloaded; (f)'place of destination`, the place at which an animal is finally unloaded from a means of  transport, but excluding a staging point or a transfer point; (g)'journey`, transport from place of departure to place of destination. CHAPTER II Transport and controls in Community territory Article 31.  Member States shall  ensure that: (a)  the transport of animals within, to and from each Member State shall be effected in accordance  with this Directive and, in respect of the animals referred to in: - Article 1 (a), the provisions of Chapter I of the Annex, - Article 1 (b), the provisions of Chapter II of the Annex, - Article 1 (c), the provisions of Chapter III of the Annex, - Article 1 (d), the provisions of Chapter IV of the Annex, - Article 1 (e), the provisions of Chapter V of the Annex; (b)no animal shall be transported unless it is fit for the intended journey and unless suitable  provisions have been made for its care during the journey and on arrival at the place of  destination. Animals that are ill or injured shall not be considered fit for transport. However,  this provision shall not apply to: i(i)  animals that are slightly injured or ill whose transport would not cause unnecessary  suffering; (ii)animals that are transported for scientific research purposes approved by the competent  authority; (c)animals that fall ill or are injured during transport shall receive first-aid treatment as soon  as possible; they shall be given appropriate veterinary treatment and if necessary undergo  emergency slaughter in a way which does not cause them any unnecessary suffering. 2.  Notwithstanding paragraph 1 (b), Member States may permit the transport of animals for  emergency veterinary treatment or slaughter under conditions which do not meet the requirements of  this Directive. Member States shall ensure that any such transport is permitted only where no  unnecessary suffering or ill treatment is caused to the animals concerned. If necessary, specific  rules for the application of this paragraph shall be adopted in accordance with the procedure laid  down in Article 17. 3.  Without prejudice to the requirements laid down in points 1 (a) and (b) and in the Annex to  this Directive, the Council, acting by a qualified majority on a proposal from the Commission,  shall lay down appropriate additional conditions for the transport of certain types of animal such  as solipeds, wild birds and marine mammals in order to safeguard their welfare. Pending implementation of these provisions, Member States may, subject to the general provisions of  the Treaty, apply relevant national additional rules. Article 4Member States shall ensure that animals are identified and registered throughout their  journey in accordance with Article 3 (1) (c) of Directive 90/425/EEC and are accompanied by the  documentation required by Community or national legislation enabling the competent authority to  check: - their origin and their ownership, - their place of departure and place of destination, - the date and time of departure. Article 5Member States shall ensure that: 1.  any natural or legal person transporting animals for profit: (a)  is registered in a manner enabling the competent authority to check that the requirements of  this Directive are complied with; (b)transports animals covered by this Directive using means of transport meeting the requirements  laid down in the Annex; (c)does not transport any animal, or cause any animal to be transported, in a way which may cause  injury or unnecessary suffering to that animal; 2. the person in charge of the animal transport undertaking: (a)entrusts the transport to staff who possess the necessary knowledge to administer any  appropriate care to the animals transported; (b)draws up, for journeys exceeding 24 hours from the place of departure and taking account of the  place of destination, an itinerary - including any staging  and transfer points - whereby it can be  ensured that the animals are rested, fed and watered and, if necessary, unloaded and given  accommodation in accordance with the requirements of this Directive for the type of animal to be  transported; (c)is able, according to the species transported and where the journey takes more than 24 hours,  to demonstrate that steps have been taken to meet the animals' needs for food and water during the  journey even where the route plan is changed or where the journey is interrupted for reasons beyond  his control; (d)ensures that the animals are transported without delay to their place of destination,  notwithstanding drivers' normal rest periods; (e)ensures that during the journey the consignment is accompanied by the original of the route  plan referred to in (b), with the addition of the date, place and time of departure; (f)keeps for a period fixed by the competent authority a second copy of the abovementioned route  plan, to be submitted on request to the competent authority for verification; (g)where animals are travelling unaccompanied, ensures that the consignor has presented them for  transport in accordance with the provisions of this Directive and that the consignee is prepared to  receive them; 3. the staging points, agreed upon in advance by the person in charge referred to at 2, are regularly  checked by the competent authority. Article 61.  Directive 90/425/EEC shall be amended as follows: (a)  the third paragraph of Article 1 shall be replaced by the following: 'This Directive shall not affect checks carried out as part of tasks conducted in a  non-discriminatory manner by authorities responsible for the general application of laws in a  Member State.`; (b)the following reference shall be added to section I of Annex A: 'Council Directive 91/628/EEC of 19 November 1991 on the protection of animals during transport and  amending Directives 90/425/EEC and 91/496/EEC. (OJ N° L 340, 11. 12. 1991, p. 17).`2.  The  certificates or documents referred to in Article 3 of Directive 90/425/EEC shall be supplemented in  accordance with the procedure laid down in Article 17, in order to take account of the requirements  of this Directive. 3.  The exchange of information between authorities in compliance with the requirements of this  Directive must be integrated into the computerized system provided for in Article 20 of Directive  90/425/EEC (Animo) and, as regards imports from third countries, into the Shift project, in  accordance with Article 12 (4) of Directive 91/496/EEC. The detailed rules for the application of this paragraph shall be adopted in accordance with the  procedure laid down in Article 17. Article 71.  Member States shall ensure that the necessary measures are taken to prevent or  reduce to a minimum any delay during transport or suffering by animals when strikes or other  unforeseeable circumstances impede the application of this Directive. In particular, special  arrangements shall be made at ports, airports, railway stations, marshalling yards, and border  inspection posts referred to in Article 6 of Directive 91/496/EEC to expedite the transport of  animals under conditions in keeping with the requirements of this Directive. 2.  Without prejudice to Community animal health requirements laid down elsewhere, no consignment  of animals shall be detained during transport unless it is strictly necessary for the welfare of  the animals. If any consignment of animals has to be detained during transport for more than two  hours, appropriate arrangements shall be made for the care of the animals and, where necessary,  their unloading and accommodation. Article 8Member States shall ensure that, in accordance with the principles and rules of control  laid down in Directive 90/425/EEC, the competent authorities check that the requirements of this  Directive have been complied with, by carrying out non-discriminatory inspections of: (a)  means of transport and animals arriving at their place of destination; (b)means of transport and animals at markets, at places of departure, at staging points and at  transfer points; (c)the particulars on the accompanying documents. Furthermore, where the competent authority of a Member State has information leading it to suspect  an infringement, checks may also be carried out during the transport of animals on its territory. This Article shall not affect checks carried out as part of tasks conducted in a non-discriminatory  manner by authorities responsible for the general application of laws in a Member State. Article 91.  If it is found in the course of transport that the provisions of this Directive are  not being or have not been complied with, the competent authority of the place at which such a  finding is made shall require the person in charge of the means of transport to take any action  which the competent authority considers necessary in order to safeguard the welfare of the animals  concerned. Depending on the circumstances of each case, such action may include: (a)  arranging for the journey to be completed or the animals to be returned to their place of  departure by the most direct route, provided that this course of action would not cause unnecessary  suffering to the animals; (b)arranging for the animals to be held in suitable accommodation with appropriate care until the  problem is resolved; (c)arranging for the humane slaughter of the animals. The destination and use of the carcases of  these animals shall be governed by the provisions laid down in Directive 64/433/EEC (1). 2.  If the person in charge of the means of transport fails to comply with the instructions of the  competent authority, the latter shall immediately have the measures in question carried out and  shall recover the costs of such measures in the appropriate manner. 3.  Rights of appeal existing under the laws in force in the Member States against decisions by the  competent authorities shall not be affected by this Directive. Decisions taken by the competent authorities of the Member States and the reasons for such  decisions shall be notified to the consignor or his representative and to the competent authority  of the Member State of dispatch. If the consignor or his representative so requests, the said decisions and reasons shall be  forwarded to him in writing with details of the rights of appeal which are available to him under  the law in force in the Member State of destination and of the procedure and time limits  applicable. However, in the event of a dispute, the two parties concerned may, if they so agree, within a  maximum period of one month, submit the dispute for the assessment of an expert whose name appears  on a list of Community experts to be drawn up by the Commission. Such experts shall issue their opinions within not more than 72 hours. The parties shall abide by  the expert's opinion, with due regard for Community veterinary legislation. Article 101.  Commission experts may, to the extent necessary for uniform application of this  Directive, carry out on-the-spot checks in collaboration with the competent authorities of the  Member States. The Member State in whose territory the inspections are carried out shall provide  the experts with any assistance required for the accomplishment of their task. The Commission shall  inform the Member States of the results of these checks. 2.  Detailed rules for the application of this Article shall be adopted in accordance with the  procedure laid down in Article 17. CHAPTER III Importation from third countries Article 111.  The rules laid down by Directive  91/496/EEC shall apply, in particular with regard to the organization of and follow-up to the  checks. 2.  The importation, transit and transport into and through Community territory of live animals  covered by this Directive coming from third countries shall be authorized only if the exporter  and/or importer gives a written undertaking to comply with the requirements of this Directive and  has made arrangements to comply with them. 3.  With effect from 1 January 1993, the first subparagraph of Article 4 (2) (d) of Directive  91/496/EEC shall be replaced by the following: '(d)  verification of compliance with the requirements of Council Directive 91/628/EEC of 19  November 1991 on the protection of animals during transport and amending Directives 90/425/EEC and  91/496/EEC (*). (*) OJ N° L 340, 11. 12. 1991, p. 17`. 4.  The certificate or documents provided for in the third indent of Article 4 (1) of Directive  91/496/EEC shall be supplemented in accordance with the procedure laid down in Article 17, in order  to take account of the requirements of this Directive. Pending adoption of these provisions, the relevant national rules shall apply, subject to the  general rules laid down by the Treaty. CHAPTER IV Final provisions Article 12The rules and information procedures set out in  Directive 89/608/EEC (;) shall apply mutatis mutandis for the purposes of this Directive. (;) OJ N° L 351, 2. 12. 1989, p. 34. Article 131.  Before 1 July 1992, the Commission shall submit a report drawn up on the basis of  an opinion from the Scientific Veterinary Committee, possibly accompanied by proposals, on: - the question of fixing maximum journey times for certain types of animal; - the intervals laid down in Chapter I, A (2) (d) of the Annex; - the length of the rest provided for in Article 5 (2) (b); - the loading density standards applicable to the transport of certain types of animal; - the standards to be met by means of transport as regards the transport of certain types of  animal. The Council shall act on these proposals by a qualified majority. 2.  In accordance with the procedure laid down in Article 17 and after consulting the Scientific  Veterinary Committee, the Commission shall lay down the Community criteria to be met by staging  points with regard to the feeding, watering, loading, unloading and, where appropriate,  accommodation of certain types of animal. 3.  Three years after the implementation of the provisions of this Directive, the Commission shall  submit to the Council a report on the experience acquired by the Member States, particularly as  regards the provisions referred to in paragraphs 1 and 2, possibly accompanied by proposals to  amend those rules, on which the Council shall act by a qualified majority. 4.  Pending implementation of the provisions referred to in paragraphs 1 and 2, the relevant  national rules shall apply subject to the general rules laid down by the Treaty. Article 14The Annexes to this Directive shall be amended by the Council, acting by a qualified  majority on a proposal from the Commission, with a view in particular to their adaptation to  technological and scientific progress. Article 15In accordance with the procedure laid down in Article 17, the certificates or  accompanying documents provided for by Community regulations for the transport of the animals  referred to in Article 1 may be supplemented by an attestation from the competent authority within  the meaning of Article 2 (6) of Directive 90/425/EEC certifying that the requirements of this  Directive have been complied with. Article 16The rules regarding animal welfare during transport applicable to the movement of  animals in certain parts of the territories referred to in Annex 1 to Directive 90/675/EEC,  including, for the Kingdom of Spain, the Canary Islands, to take account of the natural constraints  specific to those territories, in particular their remoteness from the mainland part of the  Community territory, shall be adopted in accordance with the procedure laid down in Article 17, on  the basis of the information laid down in the second paragraph. To that end, by 1 July 1992 at the latest, the Member States concerned shall submit to the  Commission the specific rules which will be complied with regarding animal welfare during transport  when animals are moved within the regions concerned, taking into account the constraints specific  to those territories. Article 171.  Where the procedure laid down in this Article is to be used, matters shall without  delay be referred by the Chairman, either on his own initiative or at the request of the  representative of a Member State, to the Standing Veterinary Committee (hereinafter called 'the  Committee`) set up by Decision 68/361/EEC (1). 2.  The representative of the Commission shall submit to the Committee a draft of the measures to  be taken. The Committee shall deliver its opinion on the draft, within a time limit which the  Chairman may lay down according to the urgency of the matter. The opinion shall be delivered by the  majority laid down in Article 148 (2) of the Treaty in the case of decisions which the Council is  required to adopt on a proposal from the Commission. The votes of the representatives of the Member  States within the Committee shall be weighted in the manner set out in that Article. The Chairman  shall not vote. 3.  The Commission shall adopt the measures envisaged if they are in accordance with the opinion of  the Committee. 4.  If the measures envisaged are not in accordance with the opinion of the Committee, or if no  opinion is delivered, the Commission shall, without delay submit to the Council a proposal relating  to the measures to be taken. The Council shall act by a qualified majority. If, on expiry of a period of three months from the date of referral to the Council, the Council has  not acted, the proposed measures shall be adopted by the Commission save where the Council has  decided against the said measures by a simple majority. Article 181.  Member States shall take the appropriate specific measures to penalize any  infringement of this Directive by natural or legal persons. 2.  In the event of repeated infringements of this Directive, or of an infringement resulting in  severe suffering to animals, a Member State may, without prejudice to the other sanctions imposed,  take the measures necessary to correct the shortcomings noted. Article 19This Directive shall apply without prejudice to obligations arising from customs  legislation. Article 20Directives 77/489/EEC and 81/389/EEC shall be repealed not later than the date  referred to in Article 21. Article 211.  Member States shall bring into force the laws, regulations and administrative  provisions necessary to comply with this Directive before 1 January 1993. They shall forthwith  inform the Commission thereof. 2.  When the Member States adopt the measures referred to in paragraph 1, they shall contain a  reference to this Directive or shall be accompanied by such reference on the occasion of their  official publication. The methods of making such reference shall be laid down by the Member  States. Article 22This Directive is addressed to the Member States. Done at Brussels, 19 November 1991. For the CouncilThe PresidentP. BUKMAN(1) OJ N° C 214, 21. 8. 1989, p. 36 and  OJ N° C 154, 23. 6. 1990, p. 7. (2) OJ N° C 113, 7. 5. 1990, p. 206. (3) OJ N° C 56, 7. 3. 1990, p. 29. (4) OJ N° C 76, 7. 3. 1987, p. 185. (5) OJ N° L 384, 31. 12. 1982, p. 1. Regulation as last amended by Commission Regulation (EEC) No  197/90 (OJ N° L 29, 31. 1. 1990, p. 1). (6) OJ N° L 200, 8. 8. 1977, p. 10. (7) OJ N° L 150, 6. 6. 1981, p. 1. Directive as last amended by Regulation (EEC) No 3768/85 (OJ N°  L 362, 31. 12. 1985, p. 8). (1) OJ N° L 395, 30. 12. 1989, p. 13. Directive as last amended by Directive 91/496/EEC (OJ N° L  268, 24. 9. 1991, p. 56). (2) OJ N° L 373, 31. 12. 1990, p. 1. Directive as last amended by Directive 91/496/EEC (OJ N° L  268, 24. 9. 1991, p. 56). (1) As amended and consolidated by Directive 91/497/EEC (OJ N° L 268, 24. 9. 1991, p. 68). (1) OJ N° L 255, 18. 10. 1968, p. 23.  ANNEX CHAPTER I DOMESTIC SOLIPEDS AND DOMESTIC ANIMALS OF THE BOVINE, OVINE, CAPRINE AND  PORCINE SPECIES A. General provisions  1.  Pregnant animals likely to give birth during  carriage or animals having given birth during the preceding 48 hours, and newborn animals in which  the navel has not completely healed, shall not be considered fit for transportation.  2. (a)  Animals shall be provided with adequate space to stand in their natural position and, when  necessary, partitions to protect the animals from motion of the means of transport. Unless special  conditions for the protection of animals require otherwise, room to lie down shall be provided. (b)The means of transport and containers shall be constructed and operated so as to protect  animals against inclement weather and marked differences in climatic conditions. Ventilation and  air space shall be in keeping with the conditions of transport and appropriate for the species of  animals carried. (c)Means of transport and containers shall be easy to clean, escape-proof and shall be so  constructed and operated as to avoid injury and unnecessary suffering to animals and to ensure  their safety during transport. Containers in which animals are transported shall be marked with a  symbol indicating the presence of live animals and a sign indicating the animals' upright position.  They shall allow for the inspection and care of the animals and shall be stowed in a way which does  not interfere with ventilation. During transport and handling, containers shall always be kept  upright and shall not be exposed to severe jolts or shaking. (d)During transport the animals must receive water and appropriate food at suitable intervals.  These intervals shall not exceed 24 hours unless an extension of this period by not more than two  hours is required in specific cases in the animals' interest in view in particular of the species  being transported, the means of transport used, and the proximity of the place of unloading. (e)Solipeds shall wear halters during transport. This provision need not apply to unbroken foals  or to animals transported in individual boxes. (f)When animals are tied, the ropes or other attachments 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, and shall be designed in such a way as to eliminate any danger of  strangulation or injury. Animals shall not be tied by the horns, or by nose rings. (g)Solipeds shall be transported in individual stalls or boxes which are designed to protect the  animals against jolts. However, such animals may be transported in groups; in that case, care must  be taken to ensure that animals which are hostile to one another are not transported together or  where they are transported together, that they have their hind hoofs unshod. (h)Solipeds shall not be transported in vehicles with more than one deck.  3. (a)  When animals of different species travel in the same means of transport they shall be  segregated according to species, except in the case of companion animals where separation would  cause distress. Furthermore, special measures shall be taken to avoid adverse reactions which might  result from the transport in the same consignment of animals naturally hostile to each other. When  animals of different ages are carried in the same means of transport, adults and young animals  shall be kept separate; this restriction shall not, however, apply to females travelling with their  young which they suckle. Uncastrated adult males shall be kept separate from females. Adult  breeding boars shall be separated from each other. This shall also apply to stallions. These  provisions shall apply only insofar as the animals have not been raised in compatible groups or are  not accustomed to one another. (b)In compartments in which animals are transported, goods shall not be loaded which could  prejudice the welfare of the animals.  4. Suitable equipment for loading and unloading of animals such as bridges, ramps or gangways shall be  used. The flooring of this equipment shall be constructed so as to prevent slipping, and the  equipment shall be provided with lateral protection if necessary. During transport, animals shall  not be suspended by mechanical means, nor lifted or dragged by the head, horns, legs, tail or  fleece. In addition, the use of electric prods should be avoided as far as possible.  5.  The floor of the means of transport or container shall be sufficiently strong to bear the  weight of the animals being transported: it shall be of non-slip design; if it has any spaces or  perforations these shall be completely smooth to prevent injury to the animals. The floor shall be  covered with sufficient litter to absorb droppings unless this can be dealt with in a different way  presenting at least the same advantages or unless droppings are regularly removed.  6.  In order to ensure the necessary care of the animals during transport, consignments of  livestock shall be accompanied by an attendant, except in the following cases: (a)  where animals are transported in containers which are secured, adequately ventilated and,  where necessary, containing enough food and water, in dispensers which cannot be tipped over, for a  journey of twice the anticipated time; (b)where the transporter performs the functions of attendant; (c)where the consignor has appointed an agent to care for the animals at appropriate staging  points.  7. (a)The attendant or consignor's agent shall look after the animals, feed and water them and, if  necessary, milk them. (b)Cows in milk shall be milked at intervals of about 12 hours but not exceeding 15 hours. (c)To enable the attendant to provide this care, he shall, if necessary, have available a suitable  means of lighting.  8. Animals shall be loaded only into means of transport which have been thoroughly cleaned and where  appropriate, disinfected. Dead animals, litter and droppings shall be removed as soon as possible. B. Special provisions for transport by rail  9. Any railway truck used in the transport of animals shall be marked with a symbol indicating the  presence of live animals, unless the animals are being transported in containers. If no trucks  specially adapted for transport of animals are obtainable, animals shall be carried in covered  trucks which are capable of travelling at high speed and are provided with sufficiently large air  vents or a ventilation system which is effective even at low speeds. The inside walls of the trucks  shall be of wood or other suitable material, completely smooth and fitted with rings or bars, at a  suitable height, to which the animals may be attached if necessary. 10. Where they are not transported in individual boxes, solipeds shall be tied in such a way that they  are all facing the same side of the vehicle or tied facing each other. However, foals and unbroken  animals shall not be tied. 11. Large animals shall be loaded in such a way as to allow an attendant to move between them. 12. When, in accordance with point 3 (a), the segregation of animals is required, this may be effected  either by tying them in separate parts of the truck, if its space permits, or by means of suitable  partitions. 13. When assembling trains and during all other movement of trucks every precaution shall be taken to  avoid jolting of trucks containing animals. C. Special provisions for transport by road 14. Vehicles shall be escape-proof and so constructed as to ensure the safety of the animals and shall  also be equipped with a roof which ensures effective protection against the weather. 15. Tying facilities shall be provided in vehicles used in the transport of large animals which are  normally required to be tied. When vehicles are required to be sub-divided, the partitions shall be  of rigid construction. 16. Vehicles shall carry suitable equipment complying with the requirements of paragraph 4. D. Special provisions for transport by water 17. The fittings of vessels shall be such that animals can be transported without injury or unnecessary  suffering. 18. Animals shall not be transported on open decks unless in adequately secured containers or other  structures, approved by the competent authority and giving adequate protection against sea and  weather. 19. Animals shall be tied or properly accommodated in pens or containers. 20. There shall be adequate passageways having access to all pens, containers or vehicles accommodating  animals. Adequate lighting facilities shall be available. 21. A sufficient number of attendants shall be provided taking into account the number of animals  transported and the duration of the voyage. 22. All parts of the vessel where animals are accommodated shall be provided with drainage and shall be  kept in a sanitary condition. 23. A type of instrument approved by the competent authority shall be carried for slaughtering animals  if necessary. 24. Vessels used in the transport of animals shall, before sailing, be provided with sufficient  supplies of drinking water - where they are not equipped with a suitable system allowing its  production - and appropriate foodstuffs, having regard to the species and number of animals being  transported as well as to the duration of the voyage. 25. Provisions shall be made for isolating ill or injured animals during the voyage and for first-aid  treatment to be given, when necessary. 26.  (a)  Where animals are transported in railway trucks on board ships, special care shall be  taken to ensure that adequate ventilation is provided for the animals throughout the voyage.  Paragraphs 17 to 19 shall not apply to the transport of animals loaded in railway trucks or road  vehicles on board ferry boats or similar vessels. (b)Where animals are transported in road vehicles on board ships, the following measures shall  apply: (i)  the animals' compartment shall be properly fixed to the vehicle; the vehicle and the animals'  compartment shall be equipped with adequate tying facilities enabling them to be secured fast to  the ship. On a covered deck of a roll-on/roll-off vessel, sufficient ventilation for the number of  vehicles transported must be maintained. Where possible, a vehicle for the transport of animals  should be placed near a fresh air inlet; i(ii)the animals' compartment shall have a sufficient number of vents or other means of ensuring  that it is adequately ventilated, bearing in mind that the air flow is restricted in the confined  space of ship's vehicle hold. There must be sufficient room inside the animals' compartment and at  each of its levels to ensure that there is adequate ventilation above the animals where they are in  a naturally standing position; (iii)direct access must be provided to each part of the animals' compartment so that the animals  can, if necessary, be cared for, fed and watered during the voyage. E. Special provisions for transport by air 27. Animals shall be transported in containers, pens or stalls appropriate for the species, complying  at least with the most recent IATA live animals regulations. 28. Precautions shall be taken to avoid extremely high or low temperatures on board, having regard to  the species of animals. In addition, severe fluctuations of air pressure shall be avoided. 29. In freight aircraft a type of instrument approved by the competent authority shall be carried for  slaughtering animals if necessary. CHAPTER II POULTRY, DOMESTIC BIRDS AND DOMESTIC RABBITS 30. The following provisions of Chapter I shall apply mutatis mutandis to the transport of poultry,  domestic birds and domestic rabbits: paragraphs 2 (a), (b) and (c), 3, 5, 6, 8, 9, 13, 17 to 22  inclusive, 24 and 26 to 29 inclusive. 31. Suitable food and water shall be available in adequate quantities, save in the case of: i(i)  a journey lasting less than 12 hours, disregarding loading and unloading time; (ii)  a journey lasting less than 24 hours for chicks of all species, provided that it is completed  within 72 hours after hatching. CHAPTER III DOMESTIC DOGS AND DOMESTIC CATS 32. Without prejudice to Article 1 (2) (a), the following provisions of Chapter I shall apply mutatis  mutandis to the transport of domestic dogs and domestic cats: paragraph 1, paragraph 2 (a), (b) and  (c), paragraphs 3, 5, 6, paragraph 7 (a) and (c), paragraphs 8, 9, 12, 13, 15 and 17 to 29  inclusive. 33. Animals being transported shall be fed at intervals of not more than 24 hours and given water at  intervals of not more than 12 hours. There shall be clear written instructions about feeding and  watering. Females in oestrus shall be separated from males. CHAPTER IV OTHER MAMMALS AND BIRDS 34.  (a)  The provisions of this chapter shall apply to the  transport of those mammals and birds which are not already covered by the provisions of the  preceding chapters. (b)The following provisions of Chapter I shall apply mutatis mutandis to the transport of the  species concerned in this Chapter: paragraph 1, paragraph 2 (a), (b) and (c), paragraphs 3 (b), 4,  5, 6, paragraph 7 (a) and (c), paragraphs 3 (b), 4, 5, 6, paragraph 7 (a) and (c), paragraphs 8, 9,  and 13 to 29 inclusive. 35. Without prejudice to Article 3 (1) (b), only animals suitable for transportation and in good health  shall be transported. Animals obviously in advanced stages of pregnancy or animals that have  recently given birth, as well as infant animals incapable of feeding themselves and which are not  accompanied by the mother, shall not be considered fit for transportation. These provisions may be  exempted in exceptional circumstances if it is necessary in the animals' interest for them to  travel to a location where the appropriate treatment can be given. 36. Sedation shall not be administered unless in exceptional circumstances and then only under the  direct supervision of a veterinarian. Details of any sedation shall accompany the animal to its  destination. 37. Animals shall be transported only in suitably constructed means of transport, on which, if  necessary, a notice shall be placed indicating that the animals in them are wild, timid or  dangerous. Moreover, clear written instructions about feeding and watering and any special care  required shall accompany the animals. Animals covered by the Cites shall be transported in accordance with the most recent provisions of  the Cites 'guidelines for transport and preparation for shipment of live wild animals and plants`.  In the case of air transport, they shall be transported at least in accordance with the most recent  IATA rules governing the transport of live animals. They shall be conveyed to their destination as  soon as possible. 38. Animals covered by this Chapter shall be cared for in accordance with the instructions and  guidelines referred to in paragraph 37. 39. There shall be an appropriate period for the holding and conditioning of animals prior to shipment  during which they shall, if necessary, be moved into their containers gradually. 40. Animals of different species shall not be placed in the same container. Moreover, animals of the  same species shall not be placed in the same container unless it is known that they are compatible  with one another. 41. Cervine animals shall not be transported while in velvet. 42. Birds shall be kept in semi-darkness. 43. Without prejudice to special measures to be taken in accordance with Article 3 (3), marine mammals  shall have the constant attention of a qualified attendant. Containers shall not be stacked. 44. (a)  There shall be additional ventilation by means of holes of a suitable size in all walls of the  container to ensure an adequate flow of air at all times. These holes shall be of a size which  prevents the animals from coming into contact with persons handling the container or from injuring  themselves. (b)  Spacer bars of adequate size shall be fitted to all walls, roofs and bases of containers to  ensure that there is a free flow of air to the animals in the event of stacking or close storing of  cargo. 45. Animals should not be housed near foodstuffs or in places to which unauthorized persons have  access. CHAPTER V OTHER VERTEBRATE ANIMALS AND COLD-BLOODED ANIMALS 46. Other vertebrate animals and cold-blooded animals must be transported in such containers, under  such conditions, in particular with regard to space, ventilation, temperature and security, and  with such supply of water and oxygen appropriate for the species concerned. Animals which are  covered by Cites must be transported in accordance with the Cites 'guidelines for transport and  preparation for shipment of live wild animals and plants`. In the case of air transport, they must  be transported at least in accordance with the most recent IATA rules governing the transport of  live animals. They must be conveyed to their destination as soon as possible.


title: Directive 2008/33/EC of the European Parliament and of the Council of 11 March 2008 amending Directive 2000/53/EC on end-of-life vehicles, as regards the implementing powers conferred on the Commission

text:
               20.3.2008

               EN

               Official Journal of the European Union

               L 81/62

      DIRECTIVE 2008/33/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

   of 11 March 2008
   amending Directive 2000/53/EC on end-of-life vehicles, as regards the implementing powers conferred on the Commission
   THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 175(1) thereof,
   Having regard to the proposal from the Commission,
   Having regard to the opinion of the European Economic and Social Committee (1),
   After consulting the Committee of the Regions,
   Acting in accordance with the procedure laid down in Article 251 of the Treaty (2),
   Whereas:

               (1)

               Directive 2000/53/EC of the European Parliament and of the Council (3) provides that certain measures are to be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (4).

               (2)

               Decision 1999/468/EC has been amended by Decision 2006/512/EC, which introduced the regulatory procedure with scrutiny for the adoption of measures of general scope and designed to amend non-essential elements of a basic instrument adopted in accordance with the procedure referred to in Article 251 of the Treaty, inter alia, by deleting some of those elements or by supplementing the instrument with new non-essential elements.

               (3)

               In accordance with the statement by the European Parliament, the Council and the Commission (5) concerning Decision 2006/512/EC, for the regulatory procedure with scrutiny to be applicable to instruments adopted in accordance with the procedure referred to in Article 251 of the Treaty which are already in force, those instruments must be adjusted in accordance with the applicable procedures.

               (4)

               The Commission should be empowered to amend the annexes and to establish certain technical requirements and control rules. Since those measures are of general scope and are designed to amend non-essential elements of Directive 2000/53/EC, inter alia, by supplementing it with new non-essential elements, they must be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC.

               (5)

               Since the Commission has laid down the implementing rules referred to in Article 5(5), Article 7(2) and Article 8(2) of Directive 2000/53/EC by means of Decisions 2002/151/EC (6), 2005/293/EC (7) and 2003/138/EC (8), it is appropriate to delete the references to the deadlines of 21 October 2001, 21 October 2002 and 21 October 2001 respectively.

               (6)

               Directive 2000/53/EC should therefore be amended accordingly.

               (7)

               Since the amendments made to Directive 2000/53/EC by this Directive are technical in nature and concern committee procedure only, they do not need to be transposed by the Member States. It is therefore not necessary to lay down provisions to that effect,

         HAVE ADOPTED THIS DIRECTIVE:
   Article 1
   Amendments
   Directive 2000/53/EC is hereby amended as follows:

               1.

               Article 4(2)(b) shall be amended as follows:

                           (a)

                           the introductory wording shall be replaced by the following:
                           ‘Annex II shall be amended on a regular basis, according to technical and scientific progress, in order to:’;

                           (b)

                           the following subparagraph shall be added:
                           ‘The measures referred to in points (i) to (iv), designed to amend non-essential elements of this Directive, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 11(3).’;

               2.

               Article 5(5) shall be replaced by the following:
               ‘5.   Member States shall take the necessary measures to ensure that their competent authorities mutually recognise and accept the certificates of destruction issued in other Member States in accordance with paragraph 3.
               To this end, minimum requirements for the certificate of destruction shall be established. That measure, designed to amend non-essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 11(3).’;

               3.

               the following paragraph shall be added to Article 6:
               ‘6.   Annex I shall be amended according to technical and scientific progress. That measure, designed to amend non-essential elements of this Directive, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 11(3).’;

               4.

               the third subparagraph of Article 7(2) shall be replaced by the following:
               ‘Detailed rules necessary to control compliance of Member States with the targets set out in the first subparagraph shall be established. When proposing such rules, the Commission shall take into account all relevant factors, inter alia, the availability of data and the issue of exports and imports of end-of-life vehicles. Those detailed rules, designed to amend non-essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 11(3).’;

               5.

               Article 8(2) shall be replaced by the following:
               ‘2.   The standards referred to in paragraph 1 shall be established. When proposing such standards, the Commission shall take account of the work going on in this area in the relevant international forums and contribute to this work as appropriate. That measure, designed to amend non-essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 11(3).’;

               6.

               the following subparagraph shall be added to Article 9(1):
               ‘The formats relating to the database system shall be adopted in accordance with the regulatory procedure referred to in Article 11(2).’;

               7.

               Article 11 shall be replaced by the following:
               ‘Article 11
               Committee procedure
               1.   The Commission shall be assisted by the committee established by Article 18 of Directive 75/442/EEC.
               2.   Where reference is made to this paragraph, Articles 5 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.
               The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at three months.
               3.   Where reference is made to this paragraph, Article 5a(1) to (4) and Article 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.’

         Article 2
   Entry into force
   This Directive shall enter into force on the day following its publication in the Official Journal of the European Union.
   Article 3
   Addressees
   This Directive is addressed to the Member States.

      Done at Strasbourg, 11 March 2008.

            For the European Parliament

            The President

         H.-G. PÖTTERING

            For the Council

            The President

         J. LENARČIČ

      (1)  OJ C 161, 13.7.2007, p. 45.

      (2)  Opinion of the European Parliament of 11 July 2007 (not yet published in the Official Journal) and Council Decision of 3 March 2008.

      (3)  OJ L 269, 21.10.2000, p. 34. Directive as last amended by Council Decision 2005/673/EC (OJ L 254, 30.9.2005, p. 69).

      (4)  OJ L 184, 17.7.1999, p. 23. Decision as amended by Decision 2006/512/EC (OJ L 200, 22.7.2006, p. 11).

      (5)  OJ C 255, 21.10.2006, p. 1.

      (6)  Commission Decision 2002/151/EC of 19 February 2002 on minimum requirements for the certificate of destruction issued in accordance with Article 5(3) of Directive 2000/53/EC (OJ L 50, 21.2.2002, p. 94).

      (7)  Commission Decision 2005/293/EC of 1 April 2005 laying down detailed rules on the monitoring of the reuse/recovery and reuse/recycling targets set out in Directive 2000/53/EC (OJ L 94, 13.4.2005, p. 30).

      (8)  Commission Decision 2003/138/EC of 27 February 2003 establishing component and material coding standards for vehicles pursuant to Directive 2000/53/EC (OJ L 53, 28.2.2003, p. 58).