Live Transport and Enforcement: An Animal Welfare NGO perspective Peter Stevenson Compassion In World Farming

Good framework for enforcement of Transport Regulation provided by EU law Regulation 1/2005 on protection of animals during transport Regulations 882/2004 & 854/2004 on official controls & Regulation 1255/97 on control posts provide a good architecture for enforcement of EU law on protection of animals during transport Copyright: Eyes on Animals & Animal Welfare Foundation

Regulation on official controls: 882/2004 CAs shall carry out official controls in accordance with documented procedures These shall contain information & instructions for staff performing controls CAs shall ensure that staff performing controls receive appropriate training enabling them to undertake their duties competently Commission should work with Member States (MS) to produce model procedures which MS could draw on

Journey log deficiencies Important parts of journey log often left blank Law requires animal to be given food, water & 24h rest after 24h travel (pigs, horses), 28h travel (cattle, sheep), 18h travel (unweaned) Some authorities accept journey logs with unrealistically short estimated journey times As a result the stops for rest, water & food that are obligatory for long journeys are neither planned nor carried out Authorities should verify journey time is realistic by checking it on computer program

Failure to give food, water & rest Requirement often ignored to give animals food, water & 24h rest during long journeys Sometimes no rest break at all Sometimes rest much shorter than required by 1/2005

Failure to give food, water & rest : Suggested enforcement actions Competent authorities (CAs) should check periodically whether animals are being unloaded for a full 24 hours at an approved control post. CA of MS of departure should ask CA of MS where the 24 hour rest was due to take place to verify whether a particular consignment was indeed given a 24 hour rest. This can be verified from the information submitted by control post operator to CA under Regulation 1255/97 CAs should use drivers records & satellite navigation systems to check whether the 24 hour rest was carried out

Overcrowding – particularly harmful when combined with high summer temperatures, lack of water & inadequate ventilation Copyright: Animals Angels Permitted loading density often exceeded

Permitted loading density exceeded: Suggested enforcement actions Central competent authority (CCA) should give clear guidance to local officials as to how to check if the permitted loading density has been exceeded. Guidance should stress that the Regulations space allowances are minimum requirements - length of the journey & temperature may require increasing the space.

Insufficient headroom Photos - Copyright: Animals Angels some compartments so low that animals touch the ceiling with their heads and/or backs animals forced to stand in unnatural position impedes circulation of air which leads to poor ventilation - particular problem in hot weather

Insufficient headroom: Suggested enforcement actions CCA should give clear instructions as to what constitutes sufficient headroom. This should be based on SCAHAW Report (2002) & EFSA Opinion (2011) – though the EFSA headroom figure for cattle is too low. Loading sheep onto 4 decks will almost always lead to lack of sufficient headroom. Sheep should not be loaded onto more than 3decks unless all are very young lambs.

Deficiencies in provision of water Water tanks sometimes empty or turned off Drinking devices sometimes fail to function Calves & lambs not accustomed to nipples used on many trucks & do not know how to activate them Cold water is an inappropriate liquid for young calves & lambs – should be given electrolytes or milk substitutes Many trucks have nipple systems that are unsuitable for adult cattle. The animals cannot place their mouth round them nor press the nipple properly to get enough water for their needs. Drinking devices often installed on only one side of truck – many animals cannot get to them

Water provision deficiencies: Suggested enforcement actions CCAs should issue guidance to local officials on need to check that: –there are a sufficient number of drinking devices in the vehicle –water system & drinking devices are functioning properly –drinking devices designed & positioned in a way that is appropriate for species & age of animals being carried.

Failure to meet requirements for journeys over 8 hours Bedding – often either not provided or becomes filthy Gap between bottom of partition & floor – can result in legs getting stuck & injured CCAs should give guidance to officials on what constitutes compliance with provisions on ventilation and temperature monitoring & warning system Photos copyright: Animal Welfare Foundation & Tierschutzbund Zurich

Transport of unfit animals Regulation 854/2004 requires official veterinarian at slaughterhouse to verify compliance with law on welfare during transport & report breaches to competent authority Practical guidelines produced by range of stakeholders including the trade (UECBV, International Road Transport Union, European Livestock Transporters) welfare NGOs (Eurogroup & Animals Angels) & Federation of Veterinarians of Europe

Need for effective liaison between Member States: Art 26 of 1/2005 When MS of transit or destination discovers breach, they must notify MS of departure MS that granted authorisation to transporter MS that granted vehicles certificate of approval MS that granted drivers certificate of competence

Satellite navigation systems Commissions 2011 report recognises that these systems have so far failed to have anticipated beneficial impact on enforcement Systems must be required to have the capacity to transmit data in real time to an EU database to which CAs have access. This will help CAs to verify whether the journey is being carried out in compliance with Regulation.

Good practice to supervise a proportion of loadings At loading can readily observe: Animals being carried at above permitted loading densities Insufficient headroom Use of vehicles that do not meet standards required for journeys over 8 h - e.g. ineffective ventilation Unsuitable or non-functioning drinking devices Water tanks not filled with water Transport of unfit animals

Penalties Must by law be effective, proportionate and dissuasive Often no penalties imposed When imposed, often too low to be dissuasive Excellent report by WSPA & Eyes on Animals Commission must ensure that penalties are effective & dissuasive

Member States should make better use of their Article 23 & 26 powers In the event of a breach, CA may Require transporter to establish systems to prevent recurrence Subject transporter to extra checks e.g. requiring presence of veterinarian at loading Suspend or withdraw authorisation of transporter, driver or vehicle Require transfer of all or some animals to another vehicle e.g. if overcrowded or insufficient headroom

Member States Annual Reports Article 27 requires MS to submit annual report to Commission on their inspection activities Report must be accompanied by an analysis of major deficiencies detected & action plan to address them. Data in many reports is confusing & inconsistent - analyses & action plans often missing or inadequate Art 27 must be taken seriously - proper reports would identify level of enforcement & provide clear plan for corrective action to improve enforcement.

EU legislation on drivers hours New paper by Rabitsch (Austrian veterinarian) & Wessely (University of Vienna law department) published in Brussels today Shows that if long journeys are to comply with both EU law on drivers hours & on animal transport, 3 drivers are needed to transport cattle & sheep for the maximum permitted 28 hours and pigs & horses for the maximum permitted 24 hours

Training of police by NGOs Animals Angels, Eyes on Animals, Animal Welfare Foundation, Protection Mondiale des Animaux de Ferme & LAV, Italy provide training to police in various MS Eyes on Animals manual that covers important points to verify during an inspection Eyes on Animals training for Belgian police Animals Angels training for Italian police