Question to the EC: Live transport of animals – the Commission’s reaction to enforcement issues

See Francisco Guerreiro’s question to the European Commission and the written answer on the live transport of animals.

Subject: Live transport of animals – the Commission’s reaction to enforcement issues 

Regulation (EC) 1/2005 is poorly enforced by many Member States. Long journeys often involve travel in several Member States, and this presents major enforcement challenges. Article 26 of Regulation 1/2005 contains helpful provisions on enforcement where several Member States are involved. However, many Member States do not make full use of such provisions (1). 

Does the Commission intend to write to Member State Agriculture Ministers and Chief Veterinary Officers to remind them of the importance of:

1. Providing clear notifications to the Member States that authorised the transporter and the Member State of departure when they identify breaches of the Regulation, as required by Article 26 of the Regulation? 

2. Taking action to prevent recurrence when such notifications of breaches are issued?

3. Making effective use of their enforcement powers under Article 26 paragraph 4 (which include requiring the transporter concerned to establish systems to prevent the recurrence of breaches, and subjecting the transporter concerned to additional checks, in particular requiring the presence of a veterinarian at loading of the animals)?

(1)       See, for example, the final report of an audit carried out in Bulgaria from 6 to 9 June 2017 in order to evaluate animal welfare during transport to non-EU countries, DG(SANTE) 2017-6109, paragraph 9.

Answer in writing

The Member States are primarily responsible for the implementation of the EU legislation on the protection of animals during transport, including infringements notifications in accordance with Article 26 of Council Regulation (EC) No 1/2005(1). 

The Commission promotes and hosts regular meetings between Member States’ National Contact Points to achieve better coordination and enforcement of long distance transport of animals. In 2014, the National Contact Points produced consensus Network Documents on ‘Livestock Vessels’ and ‘Official Controls for Exports by Road’, finalised in 2017. The purpose of these documents, that are not legally binding, is to guide and support Member States in reducing the risk of likely injury or undue suffering to animals during transport (by road or sea). 

Therefore, the Member States authorities are perfectly aware of the provision of Article 26 of Regulation (EC) No 1/2005 and their obligations, and the Commission provided technical support to implement this Article. 

Furthermore, the Commission is not aware of a systematic failure by the Member States to implement this provision. 

Therefore, and taking into account the above, the Commission considers that, for the time being, there is no need to remind the Member States competent authorities about the importance of Article 26 of Council Regulation (EC) No 1/2005 on the protection of animals during transport. 

(1)       OJ L 3, 5.1.2005, p. 1.

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