Amended proposal for a Council Directive amending Directive 91/628/EEC concerning the protection of animals during transport (1) (94/C 200/06) (Text with EEA relevance) COM(94) 252 final

(Submitted by the Commission pursuant to Article 189A (2) of the EC Treaty on 27 June 1994)

On 13 July 1993 the Commission presented the above proposal to the Council,

Following the opinion of the European Parliament delivered at its sitting of 15 December 1993 the original proposal is amended as follows:

1. the following recital is added:

'Whereas the exporter must also undertake to comply with the provisions of this Directive in connection with live animals;`

2. Article 1 (2) is replaced by the following:

'2. In Article 3 (1) the following subparagraph is inserted:

(aa) - space allowance for animals comply with the figures laid down in Chapter VI of the Annex, in respect of the animals referred to in that Chapter,

- without prejudice to the provisions of Council Regulation (EEC) No 3820/85 (*) maximum travelling times and minimum resting periods comply with those laid down in Chapter IA (2) (d) of the Annex, in respect of the animals referred to in that paragraph;

(*) OJ No L 370, 31. 12. 1985, p. 1.`3. Article 1 (4) is replaced by the following:

'4. Article 5 point 2 (b) is replaced by the following:

"(b) draws up, for journeys exceeding the travelling times laid down in Chapter IA (2) (d) of the Annex, a route plan - including any staging and transfer points - whereby it can be ensured that the animals are rested within the travelling time and for at least the length of time laid down in Chapter IA (2) (d), 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. For animals not included in Chapter IA (2) (d), the route plan shall be drawn up for journeys exceeding 24 hours." `;

4. in Article 1 a new paragraph 5a is inserted:

'5a. In Chapter III a new Article 11a is inserted:

Article 11a

Exporters of animals to third countries shall give a written undertaking that the provisions of this Directive will be observed throughout the journey and that arrangements have been made to ensure this compliance.`;

5. Article 1 (11) is replaced by the following:

'11. Chapter IA (2) (d) of the Annex is replaced by the following:

"During transport the animals must receive water and appropriate food and rest at suitable intervals. The maximum interval (in hours) which shall apply for certain types of animals are:

>TABLE>

All animals shall be rested for at least eight hours whilst receiving food. After 24 hours of journey time (including resting periods) all animals must receive 10 hours of rest." ` ;

6. Article 1 (13) is replaced by the following:

'13. The following Chapter VI is added to the Annex:

"CHAPTER VI

SPACE ALLOWANCES

47. The following minimum space allowances apply to rail, air, road and sea transport:

>TABLE>

"`

7. Article 1 (14) is deleted.

(1) OJ No C 250, 14. 9. 1993, p. 12.