EUROPEAN CONVENTION
FOR THE PROTECTION OF ANIMALS DURING INTERNATIONAL TRANSPORT
(REVISED)
(ETS № 193)
(Chisinau, 6.XI.2003)
The member States of the Council of Europe, signatory hereto,
Considering that the aim of the Council of Europe is to achieve a greater unity between its members for the purpose of safeguarding and realising the ideals and principles which are their common heritage;
Aware that every person has a moral obligation to respect all animals and to have due consideration for their capacity for suffering;
Motivated by the desire to safeguard the welfare of animals during transport;
Convinced that international transport is compatible with the welfare of the animals, provided that the requirements of animal welfare are met;
Considering, therefore, that where the welfare requirements of the animals cannot be met an alternative to the transport of live animals shall be implemented;
Considering, however, that in general, for reasons of animal welfare the period during which animals, including animals for slaughter, are transported should be reduced as far as possible;
Considering that loading and unloading are activities during which injuries and stress are most likely to occur;
Considering that progress in this respect may be achieved through the adoption of common provisions regarding the international transport of animals,
Have agreed as follows:
GENERAL PRINCIPLES
Article 1
Definitions
1 "International transport" means any movement from one country to another, but excludes, however, journeys of less than 50 km and movements between member States of the European Community.
2 An "authorised veterinarian" means a veterinarian nominated by the competent authority.
3 "Person responsible for the transport of the animals" means the person with overall control over the organisation, carrying out and completion of the whole journey, regardless of whether duties are subcontracted to other parties during transport. Such a person is usually the person who plans, makes arrangements for and defines the conditions to be met by other parties.
4 "Person in charge of the welfare of the animals" means the person who has direct physical responsibility for the care of the animals during transport. Such a person may be the attendant or the driver of a vehicle if fulfilling the same role.
5 "Container" means any crate, box, receptacle or other rigid container used for the transport of animals which is not self-propelled and is not a part (whether detachable or not) of a means of transport.
6 "Transporter", means a natural or legal person transporting animals, either on his own account or for a third party.
Article 2
Species
1 This Convention applies to the international transport of all vertebrate animals.
2 With the exception of Article 4, paragraph 1, and Article 9, paragraphs 1 and 2.a. and c., the provisions of this Convention do not apply:
a where a single animal is accompanied by the person who is responsible for it during transport;
b to the transport of pet animals accompanying their owner if not for commercial purposes.
Article 3
Application of the Convention
1 Each Party shall apply the provisions governing the international transport of animals contained in this Convention and be responsible for effective control and supervision.
2 Each Party shall take the necessary steps to ensure an effective system of training taking into account the provisions of the present Convention.
3 Each Party shall endeavour to apply the relevant provisions in this Convention to animals being transported within its territory.
4 The Parties shall provide mutual assistance in applying the provisions of the Convention, in particular by exchanging information, discussing interpretation and notifying problems.
Article 4
Main principles of the Convention
1 Animals shall be transported in a way which safeguards their welfare, including health.
2 As far as possible, animals shall be transported without delay to their place of destination.
3 At control points, priority shall be given to consignments of animals.
4 Animals shall only be detained where this is strictly necessary for their welfare or for disease control purposes. If animals are detained, appropriate arrangements shall be made for their care and, where necessary, their unloading and accommodation.
5 Each Party shall take the necessary measures to avoid or reduce to a minimum the suffering of animals in cases where strikes or other unforeseeable circumstances impede the strict application of the provisions of this Convention in its territory. It will be guided for this purpose by the principles set out in this Convention.
6 Nothing in this Convention shall affect the implementation of other instruments concerning sanitary and veterinary control.
7 Nothing in this Convention shall affect the liberty of the Parties to adopt stricter measures for the protection of animals during international transport.
Article 5
Authorisation of transporters
1 Each Party shall ensure that transporters transporting animals for commercial purposes are:
a registered in a manner enabling the competent authority to identify them rapidly in the event of failure to comply with the requirements of this Convention;
b covered by an authorisation valid for international transport granted by the competent authority of the Party in which the transporters are established.
2 Each Party shall ensure that the authorisation is granted to transporters who entrust the transport of animals only to personnel who have received proper training on the provisions of this Convention.
3 Each Party shall ensure that the above-mentioned authorisation may be suspended or withdrawn where the competent authorities that granted the authorisation are informed that the transporter has repeatedly or seriously violated the provisions of this Convention.
4 Where a Party has observed an infringement of this Convention by a transporter registered in another Party to this Convention, the former Party shall communicate details of the infringement observed to the latter.
DESIGN AND CONSTRUCTION
Article 6
Design and construction
1 Means of transport, containers and their fittings shall be constructed, maintained and operated so as to avoid injury and suffering and to ensure the safety of the animals during transport.
2 The means of transport or container shall be designed and constructed so as to provide animals with adequate space to stand in their natural position, except for poultry other than day-old chicks.
3 The means of transport or container shall be designed and constructed so as to ensure:
a sufficient clear space above the animals in their natural standing position for effective air circulation;
b air quality and quantity appropriate to the species transported can be maintained, in particular where animals are carried in a fully enclosed space.
4 Means of transport, containers, fittings, etc., shall be strong enough to contain the animals' weight, to prevent them escaping or falling out, to withstand stress due to movement and, where necessary, to contain partitions to protect animals from the motion of the means of transport. Fittings shall be designed for quick and easy operation.
5 Partitions shall be of rigid construction, strong enough to withstand the weight of animals being pushed against them and designed so that they do not impede air circulation.
6 The means of transport or containers shall be constructed and operated so as to protect animals against inclement weather and adverse changes in weather conditions. In particular, the external roof directly above the animals shall minimise absorption and conduction of solar heat.
7 The floor of the means of transport or container shall be anti-slip. Floors shall be designed, constructed and maintained to avoid discomfort, distress and injury to the animals and minimise leakage of urine and faeces. Materials used for floor construction shall be selected so as to minimise corrosion.
8 The means of transport or container shall be so designed and constructed as to provide access to the animals to allow them to be inspected, and if necessary watered, fed and cared for.
9 When animals need to be tied, appropriate equipment shall be provided in the means of transport.
10 Containers in which animals are transported shall be clearly and visibly marked to indicate the presence of live animals, with a sign indicating the top of the container.
11 Means of transport, containers and their fittings shall be designed and constructed to allow easy cleaning and disinfection.
PREPARATION FOR TRANSPORT
Article 7
Planning
1 For each journey, the person responsible for the transport of the animals shall be identified so that information on the organisation, carrying out and completion of the transport can be obtained at any time during the journey.
2 Where the intended journey time exceeds eight hours for the transport of domestic solipeds, and domestic animals of the bovine, ovine, caprine and porcine species, the person responsible for the transport shall draw up a document specifying the arrangements foreseen for the journey and in particular the following details:
a identification of the transporter and means of transport;
b identification of the consignment and accompanying documents (animal species, number of animals, veterinary certificates);
c the place and country of departure, places of transfer, places where animals are to be unloaded and rested and the place and country of destination.
3 The person responsible for the transport shall ensure that the intended journey complies with the respective rules of the countries of departure, transit and destination.
4 The person in charge of the welfare of the animals shall immediately record in the document mentioned in paragraph 2 the times and places at which the animals transported have been fed, watered and rested during the journey. This document shall be made available to the competent authority upon request.
5 No animal shall be transported unless suitable provisions are made in advance by the person responsible for the transport to safeguard its welfare throughout the journey. Where appropriate, arrangements shall be made to provide water, feed and rest, and any necessary care during the journey and on arrival at the place of destination, and to that end, appropriate notification shall be given in advance.
6 To avoid any delay, consignments of animals shall be accompanied by appropriate documentation and, at posts where importation and transit formalities have to be completed, an appropriate person shall be notified as early as possible.
7 The person responsible for the transport shall ensure that responsibility for the welfare of the animals during transport is clearly defined, from the time of departure to arrival at the point of destination, including loading and unloading.
Article 8
Attendants
1 In order to ensure the necessary care of the animals throughout the journey, consignments shall be accompanied by an attendant who is in charge of the welfare of the animals. The driver can perform the functions of attendant.
2 The attendant shall have received specific and appropriate training or have equivalent practical experience qualifying him/her to handle, transport and take care of animals, including in cases of emergency.
3 Exceptions to the provisions of paragraph 1 may be made in the following cases:
a where the person responsible for the transport of animals has appointed an agent to care for the animals at appropriate rest, water and feed points;
b where animals are transported in containers which are securely fastened, adequately ventilated and, where necessary, containing enough water and feed, in dispensers which cannot be tipped over, for a journey of twice the anticipated time.
Article 9
Fitness for transport
1 No animal shall be transported unless it is fit for the intended journey.
2 Ill or injured animals shall not be considered fit for transport. However, this provision shall not apply to:
a slightly injured or ill animals whose transport would not cause additional suffering;
b animals transported for experimental or other scientific purposes approved by the relevant competent authority, if the illness or injury is part of the research programme;
c the transport of animals under veterinary supervision for or following emergency treatment.
3 Special care shall be taken with the transport of animals in advanced stages of pregnancy, those having recently given birth and very young animals:
- pregnant female mammals shall not be transported during a period at least equal to 10% of the length of gestation before giving birth, nor during at least one week after giving birth;
- very young mammals shall not be transported before the navel is completely healed.
If all necessary precautions have been taken, under veterinary advice and on a case-by-case basis, exception can be made by the competent authority for registered mares with a foal at foot going to the stallion after foaling.
4 Sedatives shall not be used unless strictly necessary to ensure the welfare of the animals and shall only be used following veterinary advice, in accordance with national legislation.
Article 10
Inspection/Certificate
1 Before animals are loaded for international transport they shall be inspected by an authorised veterinarian of the country where the journey starts, who shall ensure that they are fit for the journey.
2 The authorised veterinarian shall issue a certificate which identifies the animals, states that they are fit for the intended journey and, where possible, records the registration number or, where appropriate, the name or other means of identifying the means of transport and the type of transport used.
3 In certain cases determined by agreement between the Parties concerned, the provisions of this article need not apply.
Article 11
Rest, water and feed prior to loading
1 Animals shall be prepared for the intended journey, be accustomed to the feed to be provided and be able to use the delivery systems for water and feed. They shall be provided with water, feed and a rest period as appropriate.
2 In order to reduce the stress of transport, due regard shall be paid to the need of certain categories of animals, such as wild animals, to become acclimatised to the mode of transport prior to the proposed