DRAFT REPORT (COM(2023)0770 – C90446/2023 – 2023/0448(COD))
On the proposal for a regulation of the European Parliament and of the Council on the protection of animals during transport and related operations, amending Council Regulation (EC) No 1255/97 and repealing Council Regulation (EC) No 1/2005
CJ48-PR-770070
Committee on Transport and Tourism Committee on Agriculture and Rural Development · Rapporteur: Tilly Metz, Daniel Buda
DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION
(COM(2023)0770 – C90446/2023 – 2023/0448(COD))
(Ordinary legislative procedure: first reading)
The European Parliament,
– having regard to the Commission proposal to Parliament and the Council (COM(2023)0770),
– having regard to Article 294(2) and Articles 43(2) and 114(1) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C90446/2023),
– having regard to Article 294(3) of the Treaty on the Functioning of the European Union,
– having regard to the opinion of the European Economic and Social Committee of 31 May 2024,
– having regard to Rule 60 of its Rules of Procedure,
– having regard to the opinion of the Committee on Fisheries,
– having regard to the report of the Committee on Transport and Tourism and the Committee on Agriculture and Rural Development (A100000/2025),
1. Adopts its position at first reading hereinafter set out;
2. Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal,
3. Instructs its President to forward its position to the Council, the Commission and the national parliaments.
Amendment 1
Proposal for a regulation
Article 4 – paragraph 2 – point a
| Text proposed by the Commission | Amendment |
|---|---|
| (a) all necessary arrangements have been made in advance to minimise the duration of the journey so that the most common animal welfare hazards, including suffering from hunger, thirst, fatigue, injuries or thermal discomfort are minimised; | (a) all necessary arrangements have been made in advance to minimise the duration of the journey so that the most common terrestrial animal welfare hazards, including suffering from hunger, thirst, fatigue, injuries or thermal discomfort are minimised; |
Or. en
Amendment 2
Proposal for a regulation
Article 4 – paragraph 2 – point i
| Text proposed by the Commission | Amendment |
|---|---|
| (i) water, feed and rest are offered to animals at regular intervals during the journey and are appropriate in quality and quantity to the animal’s species and their physiological needs; | (i) water, feed and rest are offered to animals at regular intervals during the journey and are appropriate in quality and quantity to the terrestrial animal’s species and their physiological needs and taking into consideration hygiene rules; |
Or. en
Amendment 3
Proposal for a regulation
Article 4 – paragraph 2 – point j
| Text proposed by the Commission | Amendment |
|---|---|
| (j) aquatic animals are provided with water in sufficient volume and quality. | (j) aquatic animals are provided with adequate transport conditions, water in sufficient volume and quality, and species-specific temperature and oxygen levels. |
Or. en
Amendment 4
Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 1 – point b
| Text proposed by the Commission | Amendment |
|---|---|
| (b) the transporter has sufficient and appropriate staff and equipment and has written instructions for staff as regards watering, feeding and care of animals and operational procedures in place to enable its staff to comply with this Regulation; | (b) the transporter has sufficient and appropriate staff and equipment and has written instructions in wording that is easily understandable for staff as regards watering, feeding and care of animals and operational procedures in place to enable its staff to comply with this Regulation; |
Or. en
Amendment 5
Proposal for a regulation
Article 15 – paragraph 2
| Text proposed by the Commission | Amendment |
|---|---|
| 2. Where the journey log concerns a long journey or a short journey to a third country, the organiser shall submit in TRACES the journey log for approval by the competent authority at the place of departure at least 2 days, but not earlier than 5 days, before the planned departure date. The journey cannot start before the competent authority has approved the journey log in accordance with paragraph 4. | 2. Where the journey log concerns a long journey or a short journey to a third country, the organiser shall submit in TRACES the journey log for approval by the competent authority at the place of departure at least 2 days, but not earlier than 5 days, before the planned departure date. The journey cannot start before the competent authority has approved the journey log in accordance with paragraph 4. The competent authority shall submit a response within 48 hours after receiving the approval request from the organiser. |
Or. en
Amendment 6
Proposal for a regulation
Article 17 – paragraph 1 – subparagraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| Keepers at the place of departure shall be responsible for ensuring that the animals to be loaded on the means of transport are fit for transport. | Keepers at the place of departure shall be responsible for ensuring that the animals to be loaded on the means of transport are fit for transport and have been provided with feed and water before the point of loading, as appropriate. |
Or. en
Amendment 7
Proposal for a regulation
Article 17 – paragraph 2 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| 2a. If the person supervising the loading of animals notices that animals are not fit for transport, those animals shall remain at the place of departure and shall be provided with adequate care. Necessary amendments shall be made to the journey log. |
Or. en
Amendment 8
Proposal for a regulation
Article 17 – paragraph 2 b (new)
| Text proposed by the Commission | Amendment |
|---|---|
| 2b. The keeper at the place of departure and the driver shall record in TRACES the date and time of departure of the animals and their condition, by completing and signing section 2 of the journey log set out in point 1 of Annex III. |
Or. en
Amendment 9
Proposal for a regulation
Article 20 – title
| Text proposed by the Commission | Amendment |
|---|---|
| Obligations for keepers at assembly centres, control posts and places of destination | Obligations for animal keepers at assembly centres, control posts and places of destination |
Or. en
Amendment 10
Proposal for a regulation
Article 20 – paragraph 2
| Text proposed by the Commission | Amendment |
|---|---|
| 2. Keepers at assembly centres or at control posts shall record the condition in which the animals have arrived and shall complete and sign in TRACES section 3 of the journey log as set out in point 1 of Annex III. | 2. Animal keepers at assembly centres or at control posts shall record the condition in which the animals have arrived and shall complete and sign in TRACES section 3 of the journey log as set out in point 1 of Annex III. |
Or. en
Amendment 11
Proposal for a regulation
Article 24 – paragraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| 1. Means of transport by road shall be equipped with a positioning system communicating with the information system referred to in paragraph 3 based on the technical requirements referred to in paragraph 8. | 1. All means of transport by road and sea shall be equipped with a positioning system communicating with the information system referred to in paragraph 3 based on the technical requirements referred to in paragraph 8. |
Or. en
Amendment 12
Proposal for a regulation
Article 24 – paragraph 3
| Text proposed by the Commission | Amendment |
|---|---|
| 3. The records obtained from the positioning systems of the means of transport shall be kept in an information system accessible to TRACES, established by the Commission in accordance with paragraph 7. | 3. The records obtained from the positioning systems of the means of transport shall be kept in an information system accessible to TRACES, established by the Commission in accordance with paragraph 7. That system shall ensure that the information is safeguarded in full compliance with the applicable Union regulation on data protection, notably Regulation (EU) 2016/679 of the European Parliament and of the Council1a. |
| 1a Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1, ELI: http://data.europa.eu/eli/reg/2016/679/oj). |
Or. en
Amendment 13
Proposal for a regulation
Article 24 – paragraph 4 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| 4a. After the completion of the journey, organisers shall provide an explanation if the journey has deviated from the points of locations referred to in paragraph 4 in TRACES. |
Or. en
Amendment 14
Proposal for a regulation
Article 24 – paragraph 4 b (new)
| Text proposed by the Commission | Amendment |
|---|---|
| 4b. The information system shall automatically notify the competent authority if there has been a deviation from the point of location referred to in paragraph 4. |
Or. en
Amendment 15
Proposal for a regulation
Article 25 – paragraph 3 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| 3a. If the person supervising the unloading of the animals notices any animals in poor health, such animals shall be given suitable treatment immediately, and it shall be fully reported in the journey log. |
Or. en
Amendment 16
Proposal for a regulation
Article 34 – paragraph 3
| Text proposed by the Commission | Amendment |
|---|---|
| 3. The Commission shall approve, by means of implementing acts in accordance with Article 49, a list of control posts meeting standards that are equivalent to those laid down in Regulation (EC) No 1255/97. This list shall be made available in TRACES. | 3. The Commission shall approve, by means of implementing acts in accordance with Article 49, a list of control posts that meet standards that are equivalent to those laid down in Regulation (EC) No 1255/97. That list shall be communicated to the Member States and made available in TRACES before ... [the date of application of this Regulation]. |
Or. en
Amendment 17
Proposal for a regulation
Article 34 – paragraph 4
| Text proposed by the Commission | Amendment |
|---|---|
| 4. The Commission shall remove a control post from the list referred to in paragraph 3 when, upon evaluation by the certification body or an audit from the Commission, there is evidence that the control post no longer meets standards equivalent to those laid down in Regulation (EC) No 1255/97. The procedure referred to in Article 49 shall apply. | 4. The Commission shall remove a control post from the list referred to in paragraph 3 when, upon evaluation by the certification body or an audit from the Commission, there is evidence that the control post no longer meets standards equivalent to those laid down in Regulation (EC) No 1255/97. The procedure referred to in Article 49 shall apply. The removal of a control point shall be communicated to the Member States and the list of control points shall be updated in TRACES without undue delay. |
Or. en
Amendment 18
Proposal for a regulation
Article 37 – paragraph 1 – point a
| Text proposed by the Commission | Amendment |
|---|---|
| (a) ensuring that training courses are available for drivers, attendants and animal welfare officers involved in the transport of animals relevant to species and the categories of animals concerned; | (a) ensuring that initial and periodic training courses are available for drivers, attendants and animal welfare officers involved in the transport of animals relevant to species and the categories of animals concerned; |
Or. en
Amendment 19
Proposal for a regulation
Article 53 – paragraph 1 – introductory part
| Text proposed by the Commission | Amendment |
|---|---|
| 1. By [5 years from the date of entry into force of this Regulation], the Commission shall develop and make available to operators and competent authorities a mobile application allowing the performance of administrative tasks in relation to the transport of animals. The application shall have at least the following functionalities connected to TRACES: | 1. By ... [2 years from the date of entry into force of this Regulation], the Commission shall develop and make available to operators and competent authorities a mobile application allowing the performance of administrative tasks in relation to the transport of animals. The application shall have at least the following functionalities connected to TRACES: |
Or. en
Amendment 20
Proposal for a regulation
Article 54 – paragraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| 1. By [10 years after the date of entry into force of this Regulation], the Commission shall carry out an evaluation of this Regulation and present a report on the main findings to the European Parliament, the Council, the European Economic and Social Committee, and the Committee of the Regions. | 1. By ... [5 years from the date of entry into force] and every 5 years thereafter, the Commission shall carry out an evaluation of this Regulation and present a report on the main findings to the European Parliament, the Council, the European Economic and Social Committee, and the Committee of the Regions. |
Or. en