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Council Regulation (EC) No 1/2005 of 22 December 2004 on the protection of animals during transport and related operations and amending Directives 64/432/EEC and 93/119/EC and Regulation (EC) No 1255/97
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Directive 64/432/EEC is hereby amended as follows:
Article 11 shall be amended as follows:
in paragraph 1 the following point shall be inserted as follows:
‘comply with the provisions of Directive 98/58/EC and Regulation (EC) No 1/2005(1) applicable to them;’
paragraph (4) shall be replaced by the following:
‘4.The competent authority may suspend or withdraw approval in the event of failure to comply with this Article or other appropriate provisions of this Directive, or of Regulation (EC) No 1/2005 or other Community veterinary legislation listed in Chapter I of Annex A to Directive 90/425/EEC(2). Approval may be restored when the competent authority is satisfied that the assembly centre is in full compliance with all the appropriate provisions referred to in this paragraph.’
Article 12 shall be replaced by the following:
1.Member States shall ensure that transporters meet the following additional conditions:
(a)for the carriage of animals they must use means of transport that are:
constructed in such a way that the animal faeces, litter or feed can not leak or fall out of the vehicle; and
cleaned and disinfected immediately after every transport of animals or of any product which could affect animal health, and if necessary before any new loading of animals, using disinfectants officially authorised by the competent authority;
(b)they must either:
have appropriate cleaning and disinfection facilities approved by the competent authority, including facilities for storing litter and dung; or
provide documentary evidence that these operations are performed by a third party approved by the competent authority.
2.The transporter must ensure that for each vehicle used for the transport of animals a register is kept containing at least the following information which shall be retained for a minimum period of three years:
(a)places, dates and times of pick-up, and the name or business name and address of the holding or assembly centre where the animals are picked up;
(b)places, dates and times of delivery, and the name or business name and address of the consignee(s);
(c)the species and number of animals carried;
(d)date and place of disinfection;
(e)details of accompanying documentation including the number;
(f)expected duration of each journey.
3.Transporters shall ensure that the consignment or animals do not at any time, between leaving the holdings or the assembly centre of origin and arriving at their destination, come into contact with animals of a lower health status.
4.Member States shall ensure that transporters observe the provisions of this Article relating to the appropriate documentation that must accompany the animals.
5.This Article shall not apply to persons transporting animals up to a maximum distance of 65 km counted from the place of departure to the place of destination.
6.In the event of failure to comply with this Article, the provisions concerning infringements and notifications of infringements provided for in Article 26 of Regulation (EC) No 1/2005 shall apply mutatis mutandis in relation to animal health.’.
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